Brexit – Transitional arrangements

If you have already placed an individual fully manufactured product on the EEA or the UK market (either in Northern Ireland or Great Britain) before 1 January 2021, you do not need to do anything new. These individual goods can continue to circulate on either market until they reach their end user and do not need to comply with the changes that take effect from 1 January 2021

Markings and labelling

CE / UK CA marked toys must meet special requirements for labelling including age labelling and warnings for children of various ages, and in particular, warnings for toys that are deemed to be unsuitable for children under 36 months. EU standards give also alternative symbol for such warnings in the place of text.

By using proper labelling, Age Labelling and Age Warnings, you can prevent a customer from buying an unsuitable toy for a young child, thus you may well be preventing that child from injuring himself or herself, or you may also make sure that an inappropriate toy doesn't become an unsafe toy in the wrong hands.

Existing CE marked stock

The UK will allow CE marked toys that have been either self-declared as compliant (where permissible) or where compliance must and has been demonstrated through assessment by an EU-recognised conformity assessment body (notified body) to be placed on the GB market until 31 December 2021. Toys lawfully placed on the market with a CE marking by 31 December 2021 can continue to circulate on the GB market after this date.

Obligations of the manufacturer (UK)

The obligations of manufacturers of toys, which must be complied with before the toy is placed on the GB market, include:

1. Making sure the toy has been designed and manufactured to comply with the essential safety requirements during its foreseeable and normal period of use.
2. Carrying out a safety assessment of the toy.
3. Following the applicable conformity assessment procedure.
4. Drawing up a declaration of conformity and affix the UKCA marking visibly, legibly and indelibly to the toy. Until 31 December 2022, the UKCA marking may be affixed to a document accompanying, the toy; this in addition to the possibility of affixing the UKCA marking to the toy’s packaging or label affixed to the toy which will continue to apply after 31 December 2020; where toys are too small or consist of small parts, the UKCA marking may be affixed to a label which is not affixed to the toy or a leaflet which accompanies the toy; again this will continue to apply after 31 December 2020. Qualifying Northern Ireland goods can be placed on the GB market with the CE and CE UKNI conformity markings, see further detail in Section 11 on Qualifying Northern Ireland Goods.
5. Drawing up the technical documentation and keep it and the Declaration of Conformity for 10 years.
6. Applying information, identifying the toy (e.g. type/ batch/ serial/ model number) and manufacturer (e.g. name, registered trade name / trademark, contact address) on the toy or, where not possible because of the size or nature of the toy, on its packaging or in an accompanying document.
7. Making sure the toy is accompanied by instructions for safe use, safety information and warnings as appropriate. These must be marked in a clearly visible, easily legible, understandable and accurate manner on the toy, a label affixed to the toy or the toy’s packaging and if appropriate on any instructions for use which accompany the toy.
8. Making sure that continuing production runs of the same toy remain in conformity.
9. Carrying out sample testing of marketed toys.
10. Investigating and recording any complaint made in relation to the toy and keeping a register of complaints, non-compliant toys and recalled toys (and keep distributors informed of any of these actions).
11. Bringing non-conforming toys into compliance (or if appropriate withdraw or recall the toy) and tell enforcement authorities if there is a safety risk and provide information to those authorities following any requests.
12. Identifying the other economic operators in the GB supply chain on request by an enforcement authority where the request is made within 10 years of the toy being supplied.

Declaration of Conformity

In many cases, the manufacturer can self-declare that their products meet the legal requirements contained in the Directive or regulations by preparing a document called "Declaration of Conformity" plus a set of "Technical Files", which support their self-claim.

Higher risk toys require a Notified Body or UK Appointed Body.