New EU Toy Safety Directive 2009/48/EC FAQ
The Toy Safety Directive (TSD) came into force on 20 July 2009. The Member States must begin applying the new TSD measures from 20 July 2011.
The full text of the TSD and further information about it is available on the European Commission’s website under http://ec.europa.eu/enterprise/sectors/toys/documents/directives/index_en.htm
The European Commission’s Guidance Document is available at http://ec.europa.eu/enterprise/sectors/toys/files/tsd_rev_1.2_explanatory_guidance_document_en.pdf
Pursuant to our terms and conditions (in particular the Amazon Services Europe Business Solutions Agreement), you have to ensure that your products (including packaging) and your offer and subsequent sale of any of the same comply with all applicable laws (including all marking and labelling requirements). Therefore, please make sure that you
- familiarise yourself with all new requirements raised under the TSD and the relevant national implementing laws,
- ensure that your products and product information will be fully compliant with the new requirements laid down in the TSD as of the applicable effective dates.
We would especially like to draw your attention to Article 11 (2), third subparagraph TSD in relation to Toy Safety Warnings:
Warnings which determine the decision to purchase the toy, such as those specifying the minimum and maximum ages for users and the other applicable warnings set out in Annex V, shall appear on the consumer packaging or be otherwise clearly visible to the consumer before the purchase, including in cases where the purchase is made on-line.
Amazon sellers will need to do the following to comply with this requirement:
- Determine if a "toy safety warning" applies to the products you sell on Amazon.co.uk
- Provide such toy safety warning and the languages they are in to Amazon as part of the product listing (on the product detail page). See How to verify and upload Toy Safety Warnings information below. The toy safety warning you choose for your product will appear on the product detail page.
Please note that these warnings will not be visible on your detail pages until 20 July 2011.
You can verify which (if any) toy safety warnings apply to your products inter alia by
- contacting the product manufacturer,
- checking the product's packaging for the applicable toy safety warnings.
Please note that toys subject to safety warnings may include items that may not necessarily be in the Toys category, for example
- a children’s book might not be suitable for children under 36 months,
- toys contained within food or co-mingled with food (e.g. surprise eggs, toys in cereals, toys in chips, etc) may be subject to toy safety warnings.
If you are the manufacturer of a product, you are responsible for determining which (if any) toy safety warnings apply to your product. Please note that Amazon cannot verify this information for you.
Applicable EU Toy Safety Warnings
The following are the ten toy safety warnings as set out in Part B of Annex V of the EU Toy Safety Directive 2009/48/EC that may apply to your products:
- Toys not intended for use by children under 36 months
Warning: Not suitable for children under 36 months
Warning: Not suitable for children under (*) years. For use under adult supervision.
(*) Age to be specified by the manufacturer.
Warning: Only for domestic use
Warning: To be used under the direct supervision of an adult
- Skates, roller skates, online skates, skateboards, scooters and toy bicycles for children
Warning: Protective equipment should be worn. Not to be used in traffic
Warning: Only to be used in water in which the child is within its depth and under adult supervision’
Warning: Toy inside. Adult supervision recommended.
- Imitations of protective masks and helmets
Warning: This toy does not provide protection
- Toys intended to be strung across a cradle, cot or perambulator by means of strings, cords, elastics or straps
Warning: To prevent possible injury by entanglement, remove this toy when the child starts trying to get up on its hands and knees in a crawling position.
- Packaging for fragrances in olfactory board games, cosmetic kits and gustative games
Warning: Contains fragrances that may cause allergies
After you have verified which of your products require toy safety warnings on the detail pages, and which values apply to each of those products, you are ready to update your detail pages with those values. You can do this using our updated seller tools.
In order for you to provide the required information for your product listings, we have created three additional data fields in our seller tools. The new fields are listed in the table below.
Select the applicable toy safety age warning statements or ‘no_warning_applicable’. To verify warnings, contact the manufacturer or check the packaging.
Select the appropriate statement from the following Valid Values:
(*) Age to be specified by the manufacturer
Select one or more applicable toysafety warnings statements or ‘no_warning_applicable’. To verify warnings, contact the manufacturer or check the packaging.
For each product subject to toy safety warnings, please specify the language the toy safety warning statements are in. To check which warnings apply, contact the manufacturer or check the packaging.
Using the new fields in tools
After you have verified which of the products you sell on Amazon require toy safety warnings on the detail pages, and which of the 10 values listed above apply to each of those products, you are ready to upload your information.
Below are instructions for using Marketplace seller tools to upload your EU Toy Safety Directive warning information to your product detail pages.
- Enter your ISBN, UPC, EAN or ASIN and click through the product information pages until you locate the EU Toys Safety Directive Warnings selections.
This document serves information purposes only and by no means constitutes legal advice and should not be a substitute for advice from legal counsel. It remains your sole responsibility to comply with the TSD and any contractual obligations towards Amazon. Any provisions of the TSD mentioned in this document are for ease of reference only. Amazon does not make any warranties about the completeness and correctness of these provisions or any other information provided in this document and assumes no responsibility for any use of or reliance on this document.