European Regulations
In Europe, the comprehensive legislation addressing toy safety is the Toy Safety Directive of the European Union (EU), (Council Directive 88/378/EEC). This directive is a list of requirements toys must comply with, and is interpreted in the laws of each member state of the EU in their respective Toy Safety Regulations (e.g.: the UK's Toys (Safety) Regulations 1995 (Statutory Instrument 1995 No. 204)). This directive has been superseded by Council Directive 2009/48/EC which will apply to toy imports into or toys produced within the EU as of 20 July 2011 except for the chemical requirements of Annex II which apply as of 20 July 2013. During these periods the corresponding requirements of the previous directive will continue to apply. Compliance with both directives leads to a CE Mark, which is a mandatory requirement denoting conformity with all applicable directives. Some items specifically excluded from this legislation are: fashion jewellery for children, Christmas decorations, and sports equipment. Official guidance on the classification of toys in the EU has been provided by the EU Commission. Where products are not classified as toys they will still be governed by the General Product Safety Directive. The toy safety directive provides for harmonised EU-wide standards on physical and mechanical properties, flammability, chemical properties and electrical properties but certain essential safety aspects of the directives are not governed by safety standards e.g. hygiene and radioactivity. The Toys Safety Directive (and subsequent Member State regulations) also calls for the closest applicable national or international standards to be applied where a standard is not specified in the Directive. This interpretive clause is present to ensure that new and innovative toys are safe before being placed on the market. The EN71 Toy Safety Standard has been harmonised by the EC as the default standard which toys must meet. If a toy is found to be unsafe (by breaching one of the specified standards, or by a manifest risk of injury not specified in standards) then the producer (the manufacturer, or the first importer into the EU of the product unit in question) is held to be guilty of an offence under the Toys (Safety) Regulations (or equivalent EU state law). The principle of due diligence (whereby the producer argues that all reasonable steps were taken to ensure the safety of the consumer with regards to the toy) may be used (in the UK) by the producer to avoid prosecution, fines and possible imprisonment. The unsafe toy is withdrawn from the EU market, with all member states' authorities being notified by means of the RAPEX alert system.
Read more about this topic: Toy Safety, Safety Standards
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