| EU REACH: EU announces new toy safety directive NO.24/2009 |
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The European Union announced the new Toy Safety Directive (2009/48/EC) on June 30, 2009. The European Council passed a new toy safety directive on May 11, 2009, replacing the 20-year-old old directive (88/378/EEC). Member states must amend their national laws in accordance with the directive before January 20, 2011, and implement it from July 20, 2011. The toy industry must significantly change its practices over the years to comply with the new directive.
In 2007, there was a large-scale recall of dangerous toys in the European Union. Therefore, the authorities completed the legislative process as soon as possible to address the risks of toys, increase the responsibilities of manufacturers and importers selling toys, and enhance the market supervision mechanism of law enforcement authorities in member states. The new directive makes significant changes to the original directive, including introducing new requirements and clarifying in detail the provisions of Directive No. 88/378/EEC. The key points of the more significant revisions are as follows:
Definition: The new directive provides a clearer definition of "toys", clearly indicating that they are products intended (whether or not only) for children under 14 years of age to play with. Article 2 and Annex 1 of the Directive expand and clarify respectively the list of products that are not classified as toys. The product list further details existing product categories that are not included in the directive, including certain types of collectibles, but their packaging must display identifiable and clear markings stating that the collectibles are only suitable for persons aged 14 or above. The new directive also states that festive decorations are not considered toys. (The old Directive No. 88/378/EEC stipulated that only Christmas decorations were not toys). The new directive further defines the definition of "putting on the market" in detail, which means the first sale of toy products on the EU market. In addition, the new directive also defines the definitions of water toys, chemical toys, olfactory cardboard games, cosmetic tools, taste games, etc.
Safety: Manufacturers must comply with expanded safety regulations. When the toy user uses the toy in the intended or foreseeable manner, the toy (including the chemical substances contained in the toy) must not endanger the health of the user or third parties. Furthermore, Annex 2 of the new directive also details the details of "special safety requirements", including physical and mechanical properties, flammability, chemical properties, electrical properties, hygiene and radioactivity. The new directive imposes stricter regulations on the dangers caused by certain chemicals and fragrances used in toys, as well as the noise produced by toys. Safety regulations stipulate that toys must not contain harmful chemical substances to prevent children from being harmed, especially substances classified as carcinogenic, mutagenic or harmful to human reproduction. Toys are also subject to EU legislation on certain types of products, or restrictions on certain types of substances and mixtures. Toys that are substances or mixtures themselves are subject to 67/548/EEC, 1999/45/EC, the Classification, Labeling and Packaging Regulation (Regulation No. 1272/2008) and the Registration, Evaluation and Licensing of Chemicals Regulations Regulation No. 1907/2006; REACH). The directive also lowers the usage limits for many types of substances, such as lead, arsenic and organotins. The new directive also details the conformity assessment procedures that manufacturers should follow, as well as the responsibilities of conformity assessment bodies and competent authorities.
Warning: The new directive also supplements and strengthens the current toy warning requirements. Warnings on toys and toy packaging must be clear and legible and begin with the word "Warning". Annex 5 lists a series of warnings applicable to certain types of toys, including general requirements such as user age limit, ability, maximum or minimum weight, and use under adult supervision. The directive also stipulates warnings for certain types of toys, including toys not suitable for children under 36 months of age, activity toys, functional toys, chemical toys, water toys, olfactory cardboard games containing fragrance ingredients, cosmetic tools and food items. Warning about toys etc. inside.
The new directive will be implemented in 2011, but the authorities have also set up a transition period for some provisions. Within two years after the new directive comes into effect, toys that comply with current laws can still be sold on the market. As for the new chemical regulations, the authorities have set a four-year transition period to formulate unified standards to ensure industry compliance.
EU new toy safety directive
