All toys supplied in the UK must meet the requirements of the Toys (Safety) Regulations 1995 and bear the CE marking and the name and address of the person who first placed the toy on the market.

The CE marking is not a safety or quality mark aimed at consumers.Its purpose is to indicate to enforcement authorities that the toys bearing it are intended for sale in the EC and signifies a declaration by the manufacturer or his authorised representative that the toys satisfy the essential safety requirements applicable to them and are entitled to access to Community markets.

Current Position:

The European Directive is under revision but it will be several years before a new Directive could be adopted. The Department (BERR) is taking an active role in the discussions on the revision.

Frequently asked questions

I want to import toys – what do I need to do?

The toys must satisfy the essential safety requirements of the Toys (Safety) Regulations 1995. We have produced a guide to the main features of the legislation. The guide does not replace the Regulations and anyone in the business of supplying toys should refer to the Regulations for a full statement of the legal requirements.The Regulations are available from the Stationery Office (see useful addresses) and also available on the Stationery Office’s website (link on right).

The Department's Guide to the Regulations can be downloaded here (see link on the right). Further information can be found on ourToy Safety policy web page.

How do I decide whether my product is a toy or not?

The Regulations define a toy as: ‘any product or material designed or clearly intended for use in play by children of less than 14 years of age, but excluding those products specified in Schedule 3’ [of the Regulations].

Only the courts can decide whether an item comes within the above definition but part 5 of Annex A of the Department’s guidance document offers some useful pointers.

What is the significance of the CE marking – does it mean that the toy is safe?

The CE marking is not a European safety marking or quality symbol intended for consumers and should not be considered as such. Its purpose is to indicate to enforcement authorities that the toys bearing it are intended for sale in the European Community and signifies a declaration by the manufacturer or his authorised representative that the toys satisfy the essential safety requirements applicable to them and are entitled to access to Community markets.

What happens if a toy which has the CE marking is unsafe?

Day-to-day enforcement of safety legislation, including the toys Regulations, is the responsibility of local authority trading standards officers who have the necessary powers to take action if they believe a product to be unsafe.They can suspend unsafe products and can prosecute suppliers of unsafe products.

What do I do if my child has been given a toy which I believe is unsafe?

You should contact your local Trading Standards Department – see under ‘Enquiries’.

Can a website address be used to fulfil the name and address details which are required to be put on the toy or its packaging?

No. The name and address details are required to enable consumers or enforcement officers to contact companies. While an abbreviated address (e.g. name, postcode and city) is acceptable, a website would not because it may not be permanent.

The toy I am intending to import is being imported by a number of importers and has the CE marking - can I rely on that to ensure that my toys are safe?

See the meaning of the CE marking at Q3. Importers are responsible for the safety of the particular batch of toys they are importing. How they satisfy themselves that the toy is safe is a matter for them though we would advise that they should consider having them tested.

Do I have to submit my toy for testing?

If the toy has been manufactured in accordance with the toys safety standards - and the standards cover all aspects relating to the toy – then it can be self-certified. In such cases, the toy may be submitted for testing but this is not mandatory under the Regulations.

Where the standards do not cover all aspects relating to the toy a sample must be submitted for EC type-examination by an Approved Body.

The toy safety standards are national standards which correspond to EU harmonised standards.

Further details of the standards are in the Department's guide.

Is there a list of toy test houses?

A list of UK Approved Bodies is available on this Department's website (see link on right). A list of Approved Bodies for toys in the Community can be found on the Commission’s Toy Sector website (link on right).

Where can I get a copy of the toy regulations?

Hard copies are available from the Stationery Office (see useful addresses). They can also be viewed on the Stationery Office website (see link on the right).

Where can I get copies of the toy standards?

There are seven standards in the BS EN 71 series of toy safety standards.There is also a standard covering the electrical safety of toys – BS EN 50088.The titles and reference numbers are in the Department's guide. Hard copies are available from BSI (see useful addresses) and some libraries have reference copies. A table of the standards is available on the Commission’s website.

What’s the current position on phthalates?

We are awaiting a new proposal from the Commission in respect of the use of phthalates in toys but we have no indication as to when it might be issued.In the meantime, the temporary ban on the use of six phthalates, which was introduced in December 1999, is still in place.The temporary ban prohibited the use of six phthalates in toys and childcare articles intended to be placed in the mouth by children under three years of age.

Contact us:

Consumer Protection Services
Environment and Regeneration
Waltham Forest Council
Sycamore House
Forest Road
Walthamstow  E17 4JF

email wfdirect@walthamforest.gov.uk
tel 020 8496 3000