Health for humans, animals & plants

Information for companies on toy safety

Toys are subject to the strict Food Safety and Consumer Protection Act, the Toy Ordinance and the European Standard for Toy Safety. As both manufacturer and importer, you bear full responsibility for compliance with the specifications and regulations contained therein.

Contact our toy safety experts if compliance with the legal requirements is a hurdle you can safely overcome. Because we give you a complete overview of what you need to do in this regard as a toy manufacturer or importer and support you with declarations of conformity and the handling of documents. We also offer a wide range of testing services for your products and check mechanical and physical properties, flammability, chemical properties as well as sensory properties, etc. Furthermore, we offer you many additional benefits. For example:

  • highly specialized monitoring and support from a single source
  • comprehensive evaluation of your individual situation
  • we are accredited* as a conformity assessment body
  • fast and flexible availability of consulting services and reports

*The conformity assessment bodies are accredited by the Accreditation Austria (Federal Ministry for Digitalization and Economic Location) according to Annex 1 of the current GTC (www.ages.at) the areas listed and published in the notice.

Toy safety legal

Toy legal

Toys are articles of daily use and are subject to the Food Safety and Consumer Protection Act (LMSVG). According to the LMSVG, it is prohibited to place on the market articles of daily use that are harmful to health or unsuitable for the intended use or do not comply with the specific regulations.

Toys are regulated in detail in the Toy Ordinance 2011, which in turn is based on the European Toy Directive 2009/48/EC. According to the Toy Regulation 2011, toys may only be placed on the market if they meet the general safety requirements, according to which they must not endanger the safety or health of users or third parties when used as intended or foreseeable in accordance with the behavior of children. Furthermore, toys must carry the appropriate warnings and instructions for use, and they must bear the "CE mark". While the toy regulation provides the framework, so to speak, many detailed requirements are contained in the harmonized European standards. In the case of toys, this is in particular EN 71 "Safety of toys". This currently consists of parts 1 to 14. Relevant for all toys are parts 1 to 3. Part 1 deals with physical and mechanical properties, part 2 with flammability, part 3 with migration of certain elements. Other parts deal, for example, with specific toys, such as Part 7, which applies to finger paints.

In terms of chemical requirements, in addition to those directly specified in the Toy Regulation (such as migration limits for elements, limits for allergenic fragrances and nitrosamines), limits are also found in the European Chemicals Regulation REACH (REACH stands for Registration, Evaluation, Authorisation and Restriction of Chemicals). This sets maximum levels for phthalates, azo dyes, benzene and polycyclic aromatic hydrocarbons, among others.

Requirements regarding the labeling of toys are laid down in particular in the Toy Labeling Ordinance.

Carnival costume legalities

Guideline No. 17 Costumes of disguise and masks describes how to distinguish between toys and articles of disguise. Carnival costumes are not explicitly described in the European Toys Directive 2009/48/EC. They are not considered as a product that is not a toy (Annex I of the Directive), nor as a toy to which the Directive does not apply (Article 2(2) of the Directive). However, carnival costumes, disguises and masks are listed in the technical report CEN ISO/TR 8124-8 Safety of toys - Part 8: Guidelines for age classification as toys for children under and over 36 months, depending on size, and must bear the "CE mark". For example, carnival costumes for children must meet all the requirements of the Toy Safety Directive according to the EN 71-2 standard and are covered in Chapter 4.2 "Toys to be worn on the head" (beards, wigs, etc.) and in particular in Chapter 4.3 "Role-playing toys and toys worn by the playing child as clothing for play". For the purposes of the Toy Safety Directive, carnival costumes for adults are not considered toys.

Obligations of the companies

A "manufacturer" is any natural or legal person who manufactures a toy or has a toy developed or manufactured and markets that toy under his or her own name or trademark.

Obligations of the manufacturer

  • Ensure that toys are "safe" (meet the requirements of the Toy Regulations 2011).
  • Perform safety and conformity assessment
  • Issue and keep technical documentation (10 years)
  • Issue and keep EC declaration of conformity (10 years)
  • Affix CE mark
  • Ensure conformity for series production
  • If necessary, take samples and carry out tests
  • Keep records of complaints, non-conforming products and product recalls
  • Attach identification markings
  • Attach instructions for use and safety information
  • Hand over all information and documents to the authorities upon justified request.
  • Cooperate with authorities to prevent hazards.

Placing toys on the market for the first time

Before placing a toy on the market for the first time, the following steps must be gone through for each toy, regardless of the number of units in which it is to be sold:

  • clarify whether the toy is actually a toy (some toys fall into so-called gray areas, e.g., scooters, which can be toys or sports equipment)
  • determine what age group the toy is intended for. For example, toys for children under 3 years of age, such as baby rattles, teething rings, stuffed animals, etc., have additional requirements regarding physical properties that must be considered
  • Conduct safety assessment, i.e., make a list of whether and if so what chemical, physical/mechanical, electrical, flammability, hygiene, and radioactivity hazards the toy may pose and the potential exposure to these hazards.
  • Example soft toy:
    • Chemical hazards: yes, e.g., azo dyes in the fabric; exposure high (intense skin contact).
    • Physical/mechanical hazards: yes, e.g. detachable small parts (sewn-on eyes); exposure high
    • Electrical hazards: no (unless the stuffed animal is battery operated and can produce animal sounds, for example)
    • Flammability hazards: yes, fabric may catch fire; exposure medium
    • Hygiene hazards: yes, fabric can get dirty; exposure medium
    • Radioactivity hazards: no
  • Conformity assessment, i.e. provide evidence that the toy meets the requirements of the toy regulation and that the identified hazards are "under control". There are various possibilities here: Usually, the manufacturer first checks whether the toy complies with the harmonized standards (this is referred to as "internal production control"). In the case of toys, this is EN 71 ("Safety of Toys") in particular, which currently consists of Parts 1 to 14. Part 1 deals with physical/mechanical properties and contains, among other things, special requirements for toys for children under 3 years of age. If the manufacturer does not apply these standards or if the toy presents hazards that are not covered by the harmonized standards, an EC type examination must be carried out by a "notified body" ("notified body").

Tips for small businesses - obtain information on materials already from the supplier

Standards can only be purchased. Testing in the laboratory for all hazards, especially with regard to chemical properties, is very time-consuming and usually associated with high costs. For example, if fabrics in different colors are used for a soft toy, each of these colors must be tested individually for azo dyes, heavy metals, etc. For small businesses it is therefore recommended that for "simple" toys such as plush/stuffed animals, they obtain confirmations from suppliers for all materials used which prove that these materials meet the requirements of the Toy Ordinance 2011 with regard to chemical properties. Here, however, all materials really have to be taken into account, i.e. in the case of stuffed animals not only the materials used, but also, for example, the sewing thread or the filling material. After that, a test of the finished toy has to be carried out according to EN 71-1 (mechanical/physical properties) and according to EN 71-2 (flammability).

When it is proven that all requirements are met:

  • affix CE mark
  • affix all other marking elements (if applicable, warnings, instructions for use, name and contact address of the manufacturer, identification marks such as batch number)
  • Issue and keep EC declaration of conformity (how this has to look like is shown in annex 3 of the toy regulation 2011)
  • Issue and keep technical documentation (see Annex 4 of the Toy Regulation 2011)

On the homepage of the European Commission there are a lot of freely available guidelines/recommendations/protocols on toy law in general, technical documentation as well as on specific toys. A template for an EC declaration of conformity can also be found there.

Information and examination

The examples given are only "examples" and not complete lists. The scope of the necessary tests must be individually adapted to each toy. We are at your disposal for consultation.

Toy safety services

Toy inspections are performed by us and by various other bodies: List of designated bodies. Contact our Institute for Food Safety Linz (LSL) for more information.

Consulting & Document Inspection Toy

Support for manufacturers and importers

We are accredited* as a testing laboratory according to EN 17025.

In the course of a detailed consultation, we will clarify your exact needs, for example with regard to the legal safety requirements. We are also happy to offer the review of your documents and/or the examination of your toys, including the preparation of an expert opinion.

Our offer

Toys are considered commodities and are subject to the Food Safety and Consumer Protection Act (LMSVG). According to the Toy Ordinance 2011, toys may only be placed on the market if they meet the general safety requirements. We will give you a compact overview of the obligations you have to fulfill as a toy manufacturer or importer (legal framework) and also explain how this is to be implemented in practice - from safety and conformity assessment and technical documentation to the EC declaration of conformity and the CE mark. We can also take care of checking the content of your documents for you or carry out examinations of your toy.

We can cover the following areas as part of a toy consultation and/or assessment:

  • Detailed consultation to determine requirements
  • Product-related toy consulting according to food law
  • Content-related examination of the technical documentation
  • If required, physical/mechanical, chemical or microbiological examinations
  • AGES test report
  • Food law expert opinion

Toy safety analytics services

EN 71-1 Mechanical and physical properties

Analyzable goods

  • Commodities
  • Toys

Scope of investigation

Tests of various physical quantities and toy properties

Standard reference

EN 71-1: Safety of toys - Part 1: Mechanical and physical properties

 

EN 71-1 Kinetic energy of projectile toys

Analyzable goods

  • Commodities
  • Toys

Scope of analysis

Kinetic energy

Instrumental equipment

Bullet velocimeter

Standard reference

EN 71-1 Safety of toys - Part 1: Mechanical and physical properties

EN 71-1 Sound pressure level

Analyzable goods

  • Commodities
  • Toys

Scope ofanalysis

  • A-weighted emission sound pressure level LpA
  • A-weighted emission sound pressure level using time weighting F, LpAFmax
  • C-weighted emission sound pressure level LpCpeak

Instrumental equipment

Sound level meter

Standard reference

EN 71 Part 1: Requirements for toys that emit sound

EN 71-1 Magnetic flux index

Analyzable goods

  • Commodities
  • Toys

Scope of analysis

  • maximum magnetic flux density
  • pole area
  • magnetic flux index

Instrumental equipment

Gaussmeter

Standard reference

EN 71 Part 1: Safety of toys - Part 1: Mechanical and physical properties - Requirements for toys with magnets or magnetic components

EN 71-1 Strength of a laser

Analyzable goods

  • Commodities
  • Toys

Scope of analysis

Performance

Instrumental equipment

Laser check

Standard reference

  • EN 60825-1: Safety of laser equipment
  • EN 62115: Electrical toys - Safety

Note

Screening by means of laser check of toys containing lasers and/or light-emitting diodes

EN 1400 Design and mechanical properties of pacifiers

Analyzable goods

  • Commodities
  • Soother
  • Protective caps for the sucking part
  • Products that have the appearance of a pacifier
  • Products that serve as a pacifier

Scope of testing

Testing of various physical sizes and product properties

Standard reference

ÖNORM EN 1400: Child use and care articles - Soothers for babies and young children - Safety requirements and test methods

EN 71-2 Flammability

Analyzable goods

  • Commodities
  • Toys

Scope of analysis

  • Flammability
  • Burning time
  • largest burned hair length (or smallest remaining hair length)
  • largest dimension of burned area
  • Flame propagation speed

Standard reference

  • ÖNORM EN 71-2: Safety of toys - Flammability
  • ÖNORM EN ISO 6941: Textiles - Burning behaviour - Measurement of flame spread characteristics of vertically arranged samples

EN 71-3 Migration of certain elements

Analyzable goods

  • Commodities
  • Toys
  • Baby articles

Scope of analysis

  • Aluminum
  • Antimony
  • Arsenic
  • Barium
  • Boron
  • Cadmium
  • Chromium
  • Cobalt
  • Copper
  • Lead
  • Manganese
  • Mercury
  • Nickel
  • Selenium
  • Strontium
  • Tin
  • Zinc

Standard reference

EN 71-3: Safety of toys - Part 3: Migration of certain elements

Note

Quantitative determination of the concentration of certain elements after migration (gastric acid simulant: 0.07 M hydrochloric acid; 2 hours; 37°C); the elements in the migration solution are measured by ICP-MS

EN 71-3 Organotin compounds

Analyzable goods

  • Commodities
  • Toys
  • Baby articles

Scope of analysis

  • Methyltin
  • Di-n-propyltin
  • Butyltin
  • Dibutyltin
  • Tributyltin
  • n-octyltin
  • Tetrabutyltin
  • Diphenyltin
  • Di-n-octyltin
  • Triphenyltin

Instrumental equipment

Gas chromatography (GC) coupled with: MS

Standard reference

EN 71-3: Safety of toys - Part 3: Migration of certain elements

Saliva fastness and perspiration fastness

Analyzable goods

  • Commodities
  • Toys
  • Child Care Products

Scope of analysis

  • Saliva fastness (determination of color fastness - part 1: test with saliva simulant)
  • Sweat fastness (determination of color fastness - part 2: test with sweat simulant)

Standard reference

  • DIN 53160-1
  • DIN 53160-2
  • DIN EN 20105-A03

Plasticizer

Analyzable goods

  • Commodities
  • Toys
  • Baby articles

Scope of analysis

  • Dibutyl phthalate
  • Benzyl butyl phthalate
  • Di(2-ethylhexyl) phthalate
  • Di-n-octyl phthalate
  • Di-isononyl phthalate
  • Di-isodecyl phthalate
  • Di-isobutyl phthalate
  • Di-isoheptyl phthalate
  • Bis(2-methoxyethyl)phthalate
  • Triphenyl phosphate
  • Tri-o-cresyl phosphate
  • Tri-m-cresyl phosphate
  • Tri-p-cresyl phosphate
  • Hexamoll
  • Tributyl acetyl citrate
  • bis(2-ethylhexyl) adipate
  • Triethyl citrate
  • Di(2-ethylhexyl) terephthalate

Instrumental equipment

Gas chromatography (GC) coupled with: MS

Standard reference

EN 71 parts 9, 10, 11

Azo dyes in articles of daily use

Analyzable goods

  • Commodities
  • Cellulose fibers
  • Protein fibers
  • Synthetic fibers
  • Leather

Scope of investigation

  • 4-aminodiphenyl
  • Benzidine
  • 4-chloro-o-toluidine
  • 2-naphthylamine
  • o-Aminoazotoluene
  • 2-amino-4-nitrotoluene
  • p-chloroaniline
  • 2,4-diaminoanisole
  • 4,4'-Diaminodiphenylmethane
  • 3,3'-dichlorobenzidine
  • 3,3'-dimethoxybenzidine
  • 3,3'-dimethylbenzidine
  • 3,3'-dimethyl-4,4'-diaminodiphenylmethane
  • p-cresidine
  • 4,4'-methylene-bis[2-chloroaniline]
  • 4,4'-oxydianiline
  • 4,4'-thiodianiline
  • o-Toluidine
  • 2,4-toluylenediamine
  • 2,4,5-trimethylaniline
  • o-Anisidine
  • 4-aminoazobenzene

Instrumental equipment

High pressure liquid chromatography (HPLC) coupled to: MS

Standard reference

  • ÖNORM EN 14362-1, Textiles - Method for the determination of certain aromatic amines from azo dyes
  • ÖNORM EN ISO 17234-1 or -2, Leather - Chemical tests for the determination of certain azo dyes in dyed leather

Nickel release

Analyzable goods

  • Commodities
  • Toys

Scope of analysis

Nickel release

Note

Quantitative determination of nickel release using a sweat simulant solution (1 week; 30°C); the solution is measured by ICP-MS.

Standard reference

EN 1811: Reference test method for determining the nickel release of all rods inserted into pierced parts of the body and products that come into direct and prolonged contact with the skin.

Benzol

Analyzable goods

  • Commodities
  • Toys

Scope of analysis

Benzene

Instrumental equipment

Headspace gas chromatography (HS-GC) coupled with: MS

Standard reference

EN 71 Part 9, Annex A (informative), Analytical methods for volatile solvents

Formaldehyde release

Analyzable goods

  • Commodities
  • Toys

Scope of analysis

Formaldehyde

Instrumental equipment

Photometer

Standard reference

  • ÖNORM EN 71- 9: Safety of toys - Part 9: Organic chemical compounds - Requirements
  • ÖNORM EN 717-3: Wood-based panels Determination of formaldehyde emission Part 3: Formaldehyde emission by the bottle method
  • Food Safety Business Unit, Institute for Food Safety Linz

Dimethylfumarat

Analyzable goods

  • Articles of daily use
  • Toys and baby articles made of/with textile materials

Scope of analysis

Dimethyl fumarate

Instrumental equipment

Gas chromatography (GC) coupled with: MS

Standard reference

ISO/TS 16186:2012 Footwear- Critical substances possibly present in footwear and footwear components - Test method for the quantitative determination of dimethyl fumarate (DMFU) in footwear materials.

Narizzano, Riccardo et al (2009) Gas chromatography-mass spectrometry analysis of dimethyl fumarate in consumer products, Journal of Chromatography A, 2009, 1216, 6762-6766.

Nitrobenzene

Analyzable goods

  • Commodities
  • Toys

Scope of analysis

Nitrobenzene

Instrumental equipment

Gas chromatography (GC) coupled with: MS

Standard reference

EN 71-3: Safety of toys - Part 3: Migration of certain elements

Toy pH value

Analyzable goods

  • Commodities
  • Finger paints
  • Aqueous solutions

Scope of analysis

pH value

Standard reference

  • EN 71-7
  • STANDARD EN ISO 787-9:2019

Hatchet test

Analyzable goods

  • Articles of daily use
  • Plastics in toys
  • Plastics in child care articles

Scope of analysis

Halogens (Cl, Br, J), qualitative

Additional services

Appraisal and customer consulting

Contact

Leitung

Dr. Daniela Schachner

Last updated: 22.01.2022

automatically translated

Jump to top
X

We are using cookies.

We are using cookies on this web page. Some of them are required to run this page, some are useful to provide you the best web experience.