Statutory guidance

Toys (Safety) Regulations 2011: Great Britain

Updated 11 December 2024

Guidance on the regulations as they apply to toys being supplied in or into Great Britain.

This guidance has been amended to reflect the announcements on 1 August 2023 and 24 January 2024 that the Government is extending recognition of certain goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024.

December 2024

1. Introduction

This Guide is for businesses placing toys on the market in Great Britain (“GB”). If you are placing toys on the market in Northern Ireland (“NI”), you should read separate guidance.

Read guidance on the regulations in NI.

This Guide is designed to help you understand the Toys (Safety) Regulations 2011, as they apply in GB (“the 2011 Regulations”). The 2011 Regulations set out the essential safety requirements that must be met before toys can be placed on the GB market. The purpose of the legislation is to ensure safe products are placed on the market by requiring manufacturers to show how their toys meet the ‘essential safety requirements’.

2. Legislative Background

The Toys (Safety) Regulations 2011 implemented the requirements of Directive 2009/48/EC, whose purpose is to ensure a high level of toy safety. The EU Withdrawal Act 2018 preserved the 2011 Regulations and enabled them to be amended so as to continue to function effectively now that the UK has left the EU. Accordingly, the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 fixed any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and made specific provision for the GB market.

There is therefore one set of UK 2011 Regulations, but some of the provisions apply differently in NI under the terms of the Windsor Framework. References to the 2011 Regulations in this guidance are references to those Regulations as they apply in GB.

The following legislative amendments and Government announcements apply:

• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to GB only, and not to NI, in support of implementing The Protocol of Ireland and Northern Ireland (“The Northern Ireland Protocol”) and now the Windsor Framework.
• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were further amended by the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 to provide for a 24 month transition period for importer labelling (for goods from the EEA), UKCA marking, to amend the definition of “authorised representative” as well as introducing an end (in 12 months from the end of the Transition Period) to the recognition of goods meeting EU requirements, as well as introducing provisions for qualifying NI goods.
• On 24 August 2021 the Government announced the transition period for UKCA marking would be extended until 31 December 2022. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 14 November 2022 the Government announced it would be extending this until 31 December 2024. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) gave effect to this.
• On 20 June 2022, the Government announced the provisions for UKCA labelling and importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for UKCA labelling and importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this.
• On 1 August 2023 and 24 January 2024, the UK Government announced it would extend recognition of goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. This means that certain goods that meet EU requirements can be placed on the GB market beyond 31 December 2024. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024. The legislation also provides for a ‘Fast-Track’ UKCA scheme, whereby steps taken towards CE marking will count towards UKCA marking, while UK product safety regulations remain aligned with EU product safety law.

Read guidance on the regulations in NI.

3. Scope

The 2011 Regulations apply to toys manufactured with the following characteristic: toys designed or intended (whether or not exclusively) for use in play by children under 14 years old. There are some products that are specifically excluded from the scope of the 2011 Regulations (e.g. toy steam engines – see Regulation 4).

Furthermore, Schedule 1 lists the products that are not considered to be toys; the 2011 Regulations do not apply to these listed products.

4. Requirements

Regulation 5 outlines the essential safety requirements which apply to toys. These are divided into general safety requirements and particular safety requirements.

General safety requirements

The general safety requirements are as follows:

Toys, including the chemicals they contain, must not jeopardise the safety or health of users or third parties when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.

The ability of the users and, where appropriate, their supervisors must be taken into account. In particular, this applies to toys intended for use by children under 36 months or by other specified age groups.

Information on hazards and risks involved in using the toy, and the ways of avoiding them, must be marked in English, in a clearly visible, easily legible, understandable and accurate manner. The information must be preceded by the word “Warning” or “Warnings”, and should be marked on the toy, a label affixed to the toy or the toy’s packaging and any accompanying instructions for use.

Particular safety requirements

There are also particular safety requirements set out in Schedule 2 (which was added to the Toys (Safety) Regulations 2011 by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 but are substantially the same as those that applied previously under Annex II of the Toys Directive). These cover hazards relating to physical/mechanical properties, flammability, chemical properties, electrical properties, hygiene requirements and radioactivity. For example, Schedule 2 sets out a list of allergenic fragrances that toys must not contain.

5. Obligations of manufacturers

A manufacturer is a person who manufactures toys, or has toys designed or manufactured, and markets those toys under their name or trademark.

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 relevant conformity assessment marking (see section 9 (or section 10 for Qualifying NI Goods visibly, legibly and indelibly to the toy, to a label affixed to the toy or to the toy’s packaging. 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.

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. Read more information on how to notify the MSA.

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.

Manufacturers wishing to place goods on the NI market should follow the Regulation as it applies to NI. Qualifying NI goods can be placed on the GB market without any additional approvals, although additional information as to the UK based importer may be required, if the goods have an importer based in the EU/EEA. See further detail in section 10 on Qualifying NI Goods.

6. Obligations of authorised representatives

Manufacturers are able by written mandate to appoint authorised representatives to perform certain tasks on their behalf.

Mandated authorised representatives for the GB market can be based in GB or NI, but cannot be based outside the UK. The manufacturer can only mandate an authorised representative established in the UK, under the Regulations as they apply in GB.

No GB-based authorised representatives are recognised under EU law. This means GB-based authorised representatives cannot carry out tasks on the manufacturer’s behalf for products being placed on the NI or EEA markets. Therefore, a GB manufacturer selling products to the EEA or into NI, who wishes to appoint an authorised representative to carry out tasks for them in respect of those products, must appoint an authorised representative based in NI or the EEA.

There are certain obligations that the authorised representative’s mandate must include (for example keeping technical documentation) and some that it must not (for example, duty to design and manufacturer in accordance with the essential safety requirements).

An authorised representative must comply with all the duties imposed on the manufacturer under the 2011 Regulations that they are appointed by the manufacturer to perform. The manufacturer remains responsible for the proper performance of any obligations the authorised representative performs on their behalf.

Any references in the 2011 Regulations to the manufacturer are to be taken to include a reference to the authorised representative including in relation to penalties for failure to comply with those duties.

7. Obligations of importers

An importer is a person or business based in the UK who places a toy on the GB market from a country outside the UK. This means that a UK business which acted as a ‘distributor’ before 1 January 2021 is now legally an ‘importer’ if they place products from an EEA country or Switzerland on the GB market and therefore must comply with the importer duties under GB legislation.

This includes toys that are supplied to NI businesses from the EEA and then placed on the GB market. In this instance the NI business will take on importer obligations for EEA-supplied goods that are placed on the GB market (see also section 10 on Qualifying NI Goods).

Importers have additional legal obligations which go beyond those of distributors, such as checking that manufacturers have carried out the required conformity assessment procedures, and including their (the importer’s) name, registered trade name or mark and a postal address on the toy or, where this is not possible (because of the size or nature of the toy, or to do so would require opening the packaging), on its packaging or in accompanying documentation.

To assist with the transition, the UK is applying a transitional period ending on 31 December 2027 ^{[footnote 1]} to allow UK suppliers of goods from the EEA or Switzerland (who from 1 January 2021 are importers into the GB market) to provide their details on the accompanying documentation or packaging as an alternative to placing them on the product itself (where otherwise they would be required to be on the toy). This applies to goods that are not qualifying NI goods. For further detail on qualifying NI goods, please see section 10 on Qualifying NI Goods.

Can you be contacted easily if there is a problem?

A key principle underpinning product safety, for the benefit of consumers and regulators, is traceability of a product back to its source.

In recognition that under the new regulatory arrangements you may have the new status of an importer when placing toys from an EEA state or Switzerland on the GB market, you are temporarily permitted when placing such toys on the market (until 31 December 2027) to indicate your name, registered trade name or registered trade mark and a postal address on the toy’s packaging or in a document accompanying the toy, instead of on the toy itself. As set out above, this is usually only permitted where either the size or nature of the toy makes indication on the toy itself impossible or where indication on the toy itself would require the importer to open the toy’s packaging. This additional temporary easement is permitted until 31 December 2027.

We understand that it may be difficult to provide your details on documentation accompanying each and every individual product.

You may therefore use an alternative method where, for example, your contact information is on a document accompanying a batch of products. This document would then follow each batch of products through the distribution chain. Your contact details must follow each product through the distribution chain, but not necessarily by one document per product. Ultimately, the end user, each distributor (and a regulator) must be able to access the information.

Methods which enable traceability of the product after the initial batch has been broken up could include:

• The importer address is present in shipping documents.
• The importer address is present on the invoice to the GB customer.
• The importer address is present on the label that is on the outer packaging (“shipper”) in which a number of finished goods is packed (normally customers will receive shippers unless the order is very small so that the shipper has to be opened and split).
• The importer address is included on the EU Declaration of Conformity and/or UK Declaration of Conformity (whichever is relevant for the product in question).

You should work with your distributors to ensure physical documentation does accompany batches of product as far as possible, and in all cases that there are measures in place to ensure end users are able to identify the UK importer.

Alongside that, but not as an alternative, you can use your company website to provide more information, access to product details and contact points for retailers, consumers and enforcement bodies.

These options are for a time limited period only and may not be used after 31 December 2027. You are encouraged to put in place measures to ensure that individual items do carry the importer’s address where required ahead of this date.

The EU does not have any such transitional provision. In the absence of this, toys being sold from GB to NI or the EU must be labelled with the NI or EU-based importer’s address.

Read guidance on the regulations in NI.

The obligations of importers include:

1) Making sure that the manufacturer has fulfilled their obligations before the importer places a toy on the GB market, including completing a Declaration of Conformity and relevant technical documentation, and affixing the relevant conformity assessment marking visibly, legibly and indelibly to the toy (see section 9 (or section 10 for Qualifying NI Goods)).

2) Making sure that the importer’s name, registered trade name or registered trade mark and a postal address is marked on the toy or where this is not possible because of the size or nature of the toy, or where the importer has imported the toy from an EEA state or Switzerland and places it on the GB market before 31 December 2027, or where the importer would have to open the toy’s packaging to mark these details on the toy, in a document accompanying the toy or on its packaging, as well as the manufacturer’s details.

3) Making sure that the compliance of the toy is not affected by the conditions of storage or transport.

4) Carrying out sample testing of marketed toys.

5) 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 action taken.

6) Bringing non-conforming toys into compliance (or if appropriate withdraw or recall the toy) and inform the authorities and other economic operators if there is a safety risk. Read more information on how to notify the MSA.

7) Keeping a copy of the Declaration of Conformity and make sure the technical documentation is available to enforcement authorities on request, both for a period of 10 years.

8) Identifying the other economic operators in the GB supply chain.

Qualifying NI goods complying with the legislation as it applies in NI, including affixing the CE marking, may also be placed on the GB market. See further detail in section 10 on Qualifying NI Goods.

8. Obligations of distributors

UK businesses which were distributors of toys within the EU single market should now consider whether they are importers from the EU single market and therefore what additional requirements they need to comply with – see section 7 above. A distributor is any person, other than the manufacturer or importer, who makes toys available on the market.

The obligations of distributors include:

1) Taking due care to ensure that toys they make available on the GB market are compliant with the Regulations (and not make toys available if they believe the toy will not comply with the essential safety requirements during its foreseeable and normal use).

2) Verifying that the manufacturer has applied information identifying the toy and manufacturer, applied the relevant conformity assessment marking (see section 9 (or section 10 for Qualifying NI goods)) and that the toy is accompanied by instructions for safe use and safety information where appropriate.

3) Verifying that the importer has applied their name and address on the toy, its packaging or on a document accompanying the toy.

4) Making sure that the compliance of the toy is not affected by the conditions of storage or transport.

5) Bringing non-conforming toys into compliance (or if appropriate withdraw or recall the toy) and inform the authorities and other economic operators if there is a safety risk. Read more information on how to notify the MSA.

6) Identifying the other economic operators in the GB supply chain.

9. Conformity assessment and marking before placing products on the GB market

As set out in section 5 above, before placing a toy on the GB market or using it for their own purposes, the manufacturer must:

a) design and manufacture the toy in accordance with the essential safety requirements

b) determine the conformity procedure that applies, carry out the relevant conformity assessment procedure, (or have it carried out by an independent third party, depending on the category the product falls into), and draw up the relevant technical documentation

The product should then be marked with the applicable conformity assessment marking, provided it meets the essential requirements, and the relevant conformity assessment procedure has been carried out and/or a certificate has been issued by the relevant body.

What conformity assessment marking should the product have and when?

In line with the Government’s announcements on 1 August 2023 and 24 January 2024 about extended recognition of CE marking for products intended for the GB market, the Product Safety and Metrology etc. (Amendment) Regulations 2024 were made on 23 May 2024, and came into force on 1 October 2024.

These regulations extend recognition of CE marking indefinitely in GB. This allows businesses to use either CE or UKCA markings when placing goods on the GB market beyond 31 December 2024.

However, if GB based businesses wish to place products on the EEA market, they will continue to require a CE marking before the product is placed on the EEA market, including NI.

Self-declaration

Manufacturers placing equipment and protective systems on the GB market on the basis of self-declaration of conformity (where the Regulations permit) can affix either the UKCA marking or the CE marking before placing equipment on the GB market.

It is possible to affix both the UKCA marking and the CE marking to the same equipment, where conformity procedures are based on self-declaration, as long as the EU and GB requirements remain the same. When selling to the EU or supplying to NI, the CE marking remains mandatory.

Where independent third-party conformity assessment is required

Placing on the market in GB	Conditions to be met	Timeframe
Can be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20
Must be UKCA marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20
Can be UKCA marked, but not CE marked	If the product is intended for placing on the GB market after 1 October 2024, and conformity assessment steps have been begun by an EU Notified Body and completed by a UK Approved Body, and has met all the essential safety requirements	New, since 1 October 2024

Placing on the market in NI	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body and meets all the essential safety requirements	Since 31/12/20
Must be CE + UKNI marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20

Placing on the market in EEA	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20

Can a product be dual marked CE and UKCA?

Yes, but only, and before placing on market:

a) where an EU Notified Body has completed conformity assessment procedures for CE marking, and

b) where a UK Approved Body has completed conformity assessment procedures for UKCA marking, and it meets all the essential safety requirements

OR from 1 October 2024:

c) where an EU Notified Body has completed conformity assessment procedures for CE marking and it meets all the essential safety requirements, the product can also be UKCA marked, or

d) where an EU Notified Body has begun conformity assessment procedures for CE marking, and these have then been completed by a UK Approved Body for UKCA marking and it meets all the essential safety requirements, the product can be UKCA marked

Can a CE marked product already on the market, subsequently be UKCA marked?

A product already on the market, marked with a CE marking, cannot subsequently be UKCA marked, unless it has undergone full conformity assessment by a UK Approved Body and meets all the essential requirements.

Any queries about CE marking or UKCA marking policy should be directed to [email protected].

Where do I affix the conformity assessment marking?

The conformity assessment marking should be affixed visibly, legibly and indelibly to the toy, a label affixed to the toy, or the toy’s packaging. Where it is not possible or not warranted on account of the nature of the toy to affix the conformity assessment marking directly on the toy (or its data plate), then it can be affixed to a label not affixed to the toy, or a leaflet which accompanies the toy.

Until 31 December 2027, the UKCA marking may be affixed to a label affixed to the toy or a document accompanying the toy, rather than being affixed to the toy itself (even where it is otherwise possible to affix it to the toy itself). ^{[footnote 2]}

Placing on the market

A fully manufactured good is ‘placed on the market’ when there is a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other rights in the product. This does not require physical transfer of the good.

You can usually provide proof of placing on the market on the basis of any relevant document ordinarily used in business transactions, including:

• contracts of sale concerning goods which have already been manufactured and meet the legal requirements
• invoices
• documents concerning the shipping of goods for distribution

Products imported for further manufacture and components

When products are imported into GB for further manufacture or processing, they are not considered placed on the market. Only fully manufactured products can be considered placed on the market. Under these circumstances, the GB manufacturer of the finished product has the sole and ultimate responsibility for ensuring it is compliant before they place it on the GB market.

A finished product must be compliant with all applicable legislation when placed on the GB market. Components may be placed on the market separately and can constitute a fully manufactured product in its own right. This may include a requirement for the components of the product to be individually conformity assessed and marked. However, for many products, a single marking covering the overall product is sufficient.

Spares

Products which are repaired, refurbished or exchanged without changing their original performance, purpose, or type, are not considered ‘new’ and therefore do not need to be recertified and remarked.

This includes if the product is temporarily exported for repair (as the product is not being placed on the GB market for the first time when re-imported).

Repair, replacement and maintenance operations are often carried out using other products which are spare parts. Spare parts are considered to have been placed on the market at the time at which the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

This means that spare parts can comply with the same conformity assessment requirements that were in place at the time the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

The definition of a spare part will vary depending on the commercial context, but it is broadly determined by a product’s ultimate intended usage. Whether a product is ultimately intended to be used as a spare part should be evidenced by any document demonstrating this intended use, which should be produced when requested by market surveillance authorities.

If the product has been subject to important changes, substantially changing its original performance, purpose, or type, it will be considered as a ‘new’ product. Therefore, the modified product must comply with the relevant legislative requirements at the time the product is first placed on the market or put into service.

10. Qualifying Northern Ireland Goods

The Government committed to providing unfettered access for qualifying NI goods to the rest of the UK market after 1 January 2021. Products that can be placed on the market in NI in accordance with the legislation, as it applies to NI, can be sold in the rest of the UK without any additional approvals.

This means that products that are qualifying NI goods can be sold in the rest of the UK if any of the following apply:

• the CE marking is lawfully applied to the good on the basis of self-declaration
• any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (including a body in a country with which the EU has a relevant mutual recognition agreement) and a CE marking is affixed
• the certificate of conformity previously held by a UK approved body has been transferred to an EU-recognised notified body and a CE marking has been affixed
• any mandatory third-party conformity assessment was carried out by a UK-based body, and the good is therefore marked with the CE marking and with the new UKNI marking.

This will be the case even if there are changes between the EU rules that apply in NI under the terms of the Windsor Framework and the GB rules.

Read guidance on UKNI marking.

NI businesses that are importing products from the EEA and placing them on the GB market must ensure that the relevant conformity assessment procedure has been carried out, that the technical documentation has been drawn up and that the toy bears the CE marking. They will also have to comply with the importer labelling duties (see Section 7 on obligations of importers).

Read guidance on qualifying NI goods.

11. Approved Bodies

The UK established a new framework for UK based bodies to assess products against GB rules. Existing UK notified bodies were granted new UK ‘approved body’ status and are listed on a new UK database.

Approved bodies are conformity assessment bodies which have been approved by the Secretary of State to carry out the procedures for conformity assessment and certification for the GB market as set out in the 2011 Regulations.

These approved bodies retain their 4-digit identification number. New approved bodies will be assigned a number by the Office for Product Safety and Standards on behalf of the Secretary of State.

Approved bodies can assess products for the GB market against UK essential safety requirements (which are, as yet, the same as EU essential safety requirements).

Approved bodies must be established in the UK and be independent of the manufacturer. Approved bodies must examine the technical documentation and supporting evidence in respect of a toy to assess the adequacy of the technical design.

Where an approved body finds that essential safety requirements have not been met by a manufacturer, they must not issue a certificate of conformity and they must require the manufacturer to take corrective measures.

View the register of UK Approved Bodies.

The register also contains details of bodies in other countries such as Australia, New Zealand, Canada, Japan, and the United States of America, which the UK is designating as Approved Bodies through Mutual Recognition Agreements.

12. Enforcement

In GB, local trading standards authorities have a duty to enforce the 2011 Regulations. The Secretary of State is also an enforcement authority across the UK.

Enforcement action may be taken in cases of non-compliance such as inappropriate conformity marking or in cases where the enforcement authority has reason to believe that the toy presents a risk to the safety and health of persons.

The enforcement authority may issue a compliance notice in the case of certain types of non-compliance and it has the power to issue a withdrawal or recall notice where this notice is not complied with. Where an enforcement authority has sufficient reason to believe that a toy presents a risk to the health and safety of persons, the operator may be required to withdraw the toys from the GB market or undertake a recall.

Enforcement authorities must take all appropriate measures in relation to toys which pose a serious risk to consumers and may require an economic operator to withdraw them from the GB market, to prohibit or restrict their supply.

Regulators’ Code

Enforcement authorities must continue to have regard to the Regulators’ Code when developing the policies and operational procedures that guide their regulatory activities in this area. They should carry out their activities in a way that supports those they regulate to comply and grow, including choosing proportionate approaches that reflect risk.

In responding to non-compliance that they identify, regulators should clearly explain what the non-compliant item or activity is, the advice being given, actions required, or decisions taken, and the reasons for these. Unless immediate action is needed to prevent a serious breach, regulators should provide an opportunity for dialogue in relation to the advice, requirements or decisions, with a view to ensuring that they are acting in a way that is proportionate and consistent. The Secretary of State takes account of the provisions of both the Regulators’ Code and the Growth Duty in exercising their regulatory functions.

Read the Regulators’ Code.

Penalties

Offences may result in unlimited fines (England and Wales), or of up to £10,000 (Scotland), or a maximum prison term of 6 months, or both.

13. Charities and toy sales, second-hand toys

The responsibilities in the 2011 Regulations apply when a person is “acting in the course of a commercial activity (whether in return for payment or free of charge)”. Many charities are subject to the Regulations because they operate trading companies or bodies that are similar to businesses that are:

• money generating
• have a degree of continuity
• keep regular business hours

People organising events such as jumble sales and car boot sales – that are held at infrequent and irregular intervals – are unlikely to be considered as acting in the course of business. However, traders invited to sell toys there would not be exempt from the requirements of the regulations.

In the context of on-line sales, a parent selling used toys through infrequent social media posts is unlikely to be considered as acting in the course of a business. However, a regular seller of items in an on-line marketplace would not be exempt from the requirements of the regulations, since that is likely to be considered “in the course of a commercial activity”. Individuals producing toys on an occasional basis to give to charities to sell are also likely to be exempt.

14. Glossary

• Approved Body – A conformity assessment body which has been approved by the Secretary of State.
• Authorised Representative – A person appointed in writing by a manufacturer to perform specific tasks for the manufacturer. Authorised representatives for the GB market must be based in the UK. Manufacturers remain ultimately responsible for ensuring these tasks are carried out properly.
• CE marking – The conformity assessment marking used by the European Union. Certain goods (including simple pressure vessels) can be placed on the GB market bearing the CE marking. Where third party conformity assessment is required before the CE marking can be affixed, the assessment must be carried out by a Notified Body, not a UK Approved Body.

• Declaration of conformity – A document prepared by the manufacturer which must include (amongst other things) the following:

  • the specific toy to which the declaration is referring
  • the name and address of the manufacturer and, where applicable, their authorised representative

This must be kept by the manufacturer and importer for a period of ten years from the date on which the toy was placed on the GB market. This declaration must be made available to the enforcing authority upon request.

• Distributor – Any person in the GB supply chain, other than the manufacturer or the importer, who makes a toy available on the GB market.
• Enforcement Authority – In GB, for toys for consumer use this is local trading standards authorities. The Secretary of State is also an enforcement authority across the UK.
• Importer – A person established in the UK who places a toy from a country outside of the UK on the GB market. A person who before 1 January 2021 (under EU Rules) distributed toys within the EU (including the UK) is now an importer if they are bringing a toy into GB from another country (including EU Member States). This includes a person based in NI who has been supplied with the product from an EEA country, who would, under NI law, be a distributor.
• Manufacturer – A person who manufactures a toy or has a toy designed or manufactured and markets that toy under their name or trademark.
• UKCA marking – The UK Conformity Assessed (UKCA) marking is the new UK conformity marking used for certain goods (including toys) being placed on the GB market.
• UKNI marking (also known as the UK(NI) indication) – The UKNI marking is a new marking applied in addition to the CE marking, where a good requiring mandatory third-party conformity assessment has been tested against EU requirements by a UK body. The UKNI marking applies when placing such products on the NI market. Under the Government’s unfettered access commitments, products lawfully marked with the UKNI marking can also be placed on the GB market if they are also qualifying NI goods.

15. Footnotes

1. On 20 June 2022, the Government announced the provisions for importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this. ↩

2. On 24 August 2021 the Government announced the transition periods for UKCA marking and UKCA labelling would each be extended until 31 December 2022 and 31 December 2023 respectively. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 20 June 2022, the Government announced the provisions for UKCA marking and labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the transition period for UKCA marking until 31 December 2024 and the provisions for UKCA labelling and importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) gave effect to this. ↩