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 are sure to clear. 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 according to appendix 1 of the valid general terms and conditions (www.ages.at) by the Accreditation Austria (Federal Ministry of Labor and Economy) the areas stated and published in the notice.

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.

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.

• 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.

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.

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 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.

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