Toys (Safety) Regulations 2011
What this means for your business
- Enforced by
- OPSS
- Applies to
- United Kingdom
- On this page
- 46 compliance obligations, 2 practical guides
What you must do
46 compliance obligations under this legislation.
Appointments 1
Appoint a UK authorised representative for toy compliance
If you make toys and want to appoint a UK‑based person to act on your behalf (for example, because you are based overseas), you must do so with a written mandate. The mandate must let the representative keep the required technical files, answer enforcement requests and act on any risk‑elimination steps you are asked to take. Even though the representative does the work, your business remains ultimately responsible for those duties.
Risk assessment 4
Carry out safety hazard and exposure assessment for each toy
If you make toys, you must check for all possible hazards – chemical, physical, mechanical, electrical, fire, hygiene and radioactivity – and evaluate how people could be exposed to them. This assessment has to be done before the toy is placed on the market, ensuring the product is safe for children to use.
Carry out toy conformity assessments you are approved for
If your company is an approved body that certifies toys, you must perform the conformity assessment tasks you are approved to do and use the detailed steps set out in Schedule 6. This keeps the toy market safe and lets consumers trust the products you certify.
Carry out toy Type examinations as approved body
If your company is an approved body that conducts Type examinations for toys, you must carry out those examinations exactly as set out in Module B. You also need to check the manufacturer's safety assessment and perform the exam in a proportionate way, taking account of your size, sector and the toy’s complexity.
Follow the correct conformity assessment procedure for your toys
You must show that each toy meets the essential safety requirements. If you use all the relevant designated standards, you can use the internal production control procedure (Module A). If the standards don’t exist, are only partly applied, are restricted, or you decide third‑party verification is needed, you must arrange a type examination and conformity‑to‑type test (Module C).
Inspections 2
Apply to an approved body for a toy type examination
If you make a toy that needs a safety check, you must apply to a designated body that can test it. The body will only do the test if your application is in English, the fee is paid and all documents are supplied, and you expect the test to be done within 6 months of receiving your paperwork.
Obtain a Type examination certificate for your toys
If you make or sell children’s toys, you must get a Type examination certificate from an approved body. This certificate shows the toy meets all safety rules and must be kept with the toy and displayed on its packaging. It protects you from selling unsafe toys and helps meet legal requirements.
Management duties 23
Affix UK(NI) indication on toys sold in Northern Ireland
If you place a toy on the Northern Ireland market and the CE mark is based on a UK‑notified body assessment, you must also put a UK(NI) label on the toy. The label has to be clearly visible, legible and permanent, attached wherever the CE mark is. If you are an importer, you must make sure the manufacturer has done this.
Comply with manufacturer safety duties when importing or re‑branding toys
Unlimited fineIf you import a toy and sell it under your own brand, or you change a toy that’s already on the market, you must meet the same safety obligations that apply to the toy’s original manufacturer. In practice this means you have to follow the essential safety requirements, keep the technical documentation and ensure the toy is correctly marked, just as a manufacturer would.
Comply with manufacturer safety duties when you market or modify toys
If you sell a toy under your own brand or change a toy in a way that could affect its safety, you must take on the responsibilities normally owed by the toy’s manufacturer. That means you must follow all the safety testing, documentation and labelling rules that apply to manufacturers, and you do not need to follow the separate distributor rules.
Correct non‑compliant toys and report risks to the authority
If you discover that a toy you have placed on the market may not meet the safety rules, you must act immediately – either fix the problem or withdraw/recall the toy. If the toy could be dangerous, you also have to tell the enforcement authority what the risk is, what went wrong and what you have done, and cooperate with any further requests they make.
Ensure imported toys meet safety requirements before sale
Unlimited fineIf you import toys, you must only put them on the market if they meet all essential safety requirements and have the correct UK marking, technical file, manufacturer information and safety instructions. You also need to confirm the manufacturer has carried out the required conformity assessment and you must add your own importer details and follow the proper storage and transport rules.
Ensure safe storage and transport of imported toys
Unlimited fineIf you import toys, you must make sure that the way you store or move them does not damage them or affect their safety. This means keeping them protected from things like moisture, extreme temperatures or rough handling while the toys are in your control, up to the point they are placed on the market.
Ensure toys have UK marking, declaration of conformity and technical documentation
Unlimited fineWhen you place a toy on the UK market you must affix the correct UK marking, produce a compliant declaration of conformity and keep complete technical documentation. If an enforcement authority serves you a compliance notice, you must either fix the problem or provide evidence it does not exist within the period set in the notice, otherwise the toy can be withdrawn or recalled.
Ensure toys meet all safety requirements before market
You must design and manufacture toys so they are mechanically strong, stable and free from hazards such as choking, strangulation, fire, harmful chemicals, excessive noise, overheating or dangerous projectiles. All of the listed safety standards (mechanical, flammability, chemical, acoustic, etc.) must be met and you must be able to show proof of compliance before the toy is sold.
Ensure toys meet essential safety requirements
Unlimited fineIf you manufacture toys, you must make sure they are designed and built so they meet all the essential safety requirements for the whole period you expect them to be used normally. This means checking safety at each stage of design and production and keeping evidence that the toy stays safe throughout its normal life.
Ensure toys meet safety requirements before making them available
Unlimited fineIf you distribute toys, you must only put them on the market when you are sure they comply with all safety rules. You cannot sell a toy you think might be unsafe, and you must check that the manufacturer has applied the UK marking, provided the required label and instructions, that any importer has supplied the correct information, and that the toys are stored and transported safely.
Ensure toys meet safety requirements before selling
Unlimited fineIf you manufacture toys you must not put them on the market unless they meet the essential safety requirements and you have completed every step set out in the regulations – design to safety standards, a safety assessment, the correct conformity‑assessment procedure, a UK declaration of conformity and UKCA marking, full technical documentation, clear product identification, user instructions and safety warnings, and the series‑production compliance procedures. In practice this means carrying out a complete compliance programme before any toy is sold.
Implement compliance procedures for series‑produced toys
If you manufacture toys by series production, you must have written procedures that ensure every toy meets the essential safety requirements throughout its normal, foreseeable use. You also need to review and update those procedures whenever the toy’s design or its referenced safety standards change.
Join and stay informed about sectoral groups of notified bodies
If your company is a UK notified body that carries out conformity assessments for toys, you must either take part in each relevant sectoral group set up by the European Commission, or at least make sure the staff who do the assessments are kept up‑to‑date on what those groups are doing. You can do this yourself or by appointing a representative.
Keep stored and transported toys safe and compliant
Unlimited fineIf you distribute toys, you must make sure that any toy you store or move does not lose its safety compliance because of the way it is kept. This means controlling things like temperature, humidity, packaging and handling while the toy is in your possession, so it remains safe for normal use.
Manage non‑compliant or risky toys
If you import a toy and realise it may not meet the safety rules or could be dangerous, you must act straight away. You need to tell the manufacturer and the enforcement authority about the risk, fix the problem or withdraw/recall the toy, give the authority full details of the issue and any actions taken, and cooperate with any further requests they make.
Manage subcontracting and retain responsibility for conformity assessment tasks
If your UK notified body wants to subcontract any part of a conformity assessment for a toy, you must first be sure the subcontractor meets the notified‑body requirements and obtain the manufacturer’s consent. You then have to tell the Secretary of State that the subcontractor is acceptable, stay liable for the work, and be ready to supply evidence if asked.
Mark toys (or packaging) with manufacturer and product details
If you make toys, you must put a clear identifier on each toy showing its type, batch/serial/model number, your business name or trademark, and a single contact address. Where the toy is too small or its shape prevents marking, the same information must appear on the packaging or in a document that comes with the toy.
Monitor marketed toys for safety
Unlimited fineAs a toy manufacturer you must keep an eye on the safety of any toy you sell. This means testing samples, investigating any complaints, recording problems, recalls or breaches, and letting your distributors know about any actions you take. It’s an ongoing duty to protect consumers and stay compliant.
Monitor safety of imported toys
If you import toys into the UK you must actively monitor their safety. This means you need to carry out sample testing, investigate any complaints you receive, keep a register of complaints, non‑compliant toys and recalls, and inform any distributors about the actions you have taken.
Notify, correct and cooperate on non‑compliant or risky toys
If you sell toys and become aware that a product may not meet the essential safety requirements or could be hazardous, you must inform the importer (or manufacturer if there is no importer) and the enforcement authority, take the necessary corrective action or recall the toy, and give the authority details of the risk, the non‑compliance and any remedial steps. You must also cooperate with any further requests the authority makes. All of this must be done immediately.
Only affix the UK toy safety marking correctly
You may only put the UK safety mark on a toy if you are the toy’s manufacturer or an authorised representative who has been approved by the manufacturer, and only after the toy has passed the required conformity assessment. You must not use any other mark that pretends to show the toy meets safety requirements, nor add any sign that could confuse people about the meaning of the UK mark. Any other labels you add must not obscure or degrade the UK mark.
Provide clear English warnings on toys and packaging
If you place a toy on the UK market, you must make sure any hazards are clearly explained to users or supervisors. All warnings must start with the word “Warning” (or “Warnings”), be written in English and displayed prominently on the toy itself, on any label or packaging, and in the instruction booklet. The wording must be easy to read and understand.
Provide correct instructions, warnings and safety info with toys
If you manufacture toys, you must supply each toy with suitable user instructions and safety warnings, including any age or hazard warnings required by the regulations. These warnings must be shown clearly in English on the toy itself, a label, the packaging or the instruction leaflet, and must be visible to the consumer before purchase (including online listings).
Notifications 1
Notify parties when you withdraw or recall a toy
If you decide to stop a toy being sold or to recall it, you must immediately tell the other party why you are doing so, what remedy they can use and any deadline for that remedy. The notice must contain the exact legal or safety grounds for the action and be sent without delay.
Other requirements 2
Affix UK marking to every toy and its packaging
If you make toys, you must put the UK conformity mark on each product where consumers can see it – on the toy itself, a label, the packaging, or an accompanying document if allowed. The mark has to be clear, permanent and legible, and for small toys you can use a separate label or leaflet. The marking shows your toy meets the safety rules.
Mark importer name and contact address on imported toys
If you import toys into the UK, you must put your business name (or trade name/trademark) and a contact address directly on the toy. If the toy is too small, you would have to open the packaging, or it was imported from the EEA/Switzerland within the last seven years, you can instead place that information on the packaging or in a document that comes with the toy.
Offences and prohibitions 1
Contravene Regulation 15A (UK/NI indication)
Unlimited fineIf you place a toy on the market without complying with Regulation 15A – the rule that sets out how a toy must be marked to show it is intended for the UK or Northern Ireland – you commit a criminal offence. On a summary conviction in the Magistrates' Court you can be ordered to pay an unlimited fine.
Record keeping 4
Create declaration of conformity and apply UK marking
Once you have tested a toy and shown it meets the required safety standards, you must produce a written declaration confirming this and attach the UKCA (UK) marking to the toy or its packaging. This lets customers and regulators know the product is safe and complies with the law before it is sold.
Keep toy conformity records for 10 years
Unlimited fineIf you import toys into the UK, you must keep a copy of the EC declaration of conformity and be able to show the technical file to the authorities if they ask. These records must be retained for ten years after the toy is first placed on the market.
Prepare and keep up‑to‑date Declaration of Conformity for each toy
If you manufacture toys, you must create a Declaration of Conformity that says the toy meets all essential safety requirements and includes the information set out in Schedule 3 and any module‑specific details. You must keep this declaration current and recognise that, by issuing it, you are taking responsibility for the toy’s compliance.
Prepare and retain technical documentation for toys
If you manufacture a toy, you must produce a technical file in English that shows how the toy meets all safety requirements and includes the items listed in Schedule 4. You must keep this file (and the declaration of conformity) for 10 years after the toy is first placed on the market, and any correspondence about type‑examination must also be in English. If an enforcement authority asks, you must arrange approved‑body testing at your own cost.
Registration and licensing 1
Apply to become a UK notified body and maintain compliance
If your company wants to carry out conformity assessment for toys, you must apply to the Secretary of State to be designated as a UK notified body. You must prove you meet the required criteria, accept the written designation (which sets out what tests you can do and for how long), and respond to any information requests from the Secretary of State.
Reporting and filing 7
Notify the Secretary of State of certification decisions and provide information on request
If your business is an approved notified body, you must tell the Secretary of State whenever you refuse to issue, suspend, restrict or withdraw a toy type‑examination certificate, or when anything changes that affects your approved status. You also have to supply any information about your conformity‑assessment activities when the Secretary asks for it, within the time‑frame they set.
Provide identification of other toy economic operators when requested
If your business supplies toys – whether you are the manufacturer, importer, distributor or retailer – you must tell the enforcement authority the names of any other companies you bought the toy from and any you have sold the toy to, if they ask you. You have to give this information within the time‑frame they set, and the authority can only make the request up to 10 years after the toy was placed on the market (for manufacturers) or supplied to you (for other operators).
Provide information and act on enforcement authority orders for toy certification
If you run an approved body that issues Type examination certificates for toys, you must give the enforcement authority any information they ask for (including test reports and technical files) within the time you set. You also have to withdraw a certificate or review it if the authority tells you to do so.
Provide information to authorities about toys on the market
Unlimited fineIf you place toys on the UK market, you must give the competent authority any information they ask for about the toy’s safety – such as test reports, technical files or conformity statements. Failing to do so can lead to criminal penalties, so keep your records ready and respond promptly.
Share conformity assessment results with other approved bodies
If your business is an approved body that carries out toy safety tests, you must pass on any negative assessment findings to other approved bodies doing the same work. If another approved body asks for your positive findings, you must provide those too. This ensures all testing bodies have the same safety information.
Submit type‑examination application for each toy
If you place a toy on the UK market, you must apply to an approved body for a type examination. Your application has to follow Module B, include a description of the toy, the address where it is or will be made, and you must pay the fee the body charges.
Submit type‑examination certificate for review
If you manufacture a toy, you must send its safety (type‑examination) certificate to an approved body for review whenever you change the way the toy is made, the materials or components used, every five years after it was issued or last reviewed, or whenever you think a review is needed. This ensures the certificate stays up‑to‑date with the product.
Penalties for non-compliance
12 penalties under this legislation. 12 carry an unlimited fine.
Comply with manufacturer safety duties when importing or re‑branding toys
Unlimited fine
Ensure imported toys meet safety requirements before sale
Unlimited fine
Ensure safe storage and transport of imported toys
Unlimited fine
Ensure toys have UK marking, declaration of conformity and technical documentation
Unlimited fine
Ensure toys meet essential safety requirements
Unlimited fine
Ensure toys meet safety requirements before making them available
Unlimited fine
Ensure toys meet safety requirements before selling
Unlimited fine
Keep stored and transported toys safe and compliant
Unlimited fine
Monitor marketed toys for safety
Unlimited fine
Contravene Regulation 15A (UK/NI indication)
Unlimited fine
Keep toy conformity records for 10 years
Unlimited fine
Provide information to authorities about toys on the market
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Toy safety compliance in Great Britain
How to comply with the Toys (Safety) Regulations 2011 when placing toys on the Great Britain market. Covers essential safety …
Sector-specific product safety regulations
Quick reference for the main sector-specific product safety regulations in Great Britain. Covers toys, electrical equipment, cosmetics, furniture, personal protective …
Sections and provisions
79 classified provisions from this legislation.
Duties 51
- Schedule 2 PARTICULAR SAFETY REQUIREMENTS (Annex II to the Directive) Toys and their parts
- s.5 Essential safety requirements
- s.10 Prohibitions on placing toys on the market A manufacturer
- s.11 Design and manufacture of toys in accordance with essential safety requirements The manufacturer
- s.12 Safety assessment
- s.13 Applicable conformity assessment procedures
- s.14 Application for Type examination
- s.15 Declaration of conformity and UK marking
- s.16 — information required
- s.17 Technical documentation and correspondence relating to Type examination correspondence relating
- s.18 Toys to bear UK marking
- s.19 Information identifying toy and manufacturer The manufacturer
- s.20 Instructions for use, safety information and warnings information provided as
- s.21 Compliance procedures for series production
- s.22 Submission of Type examination certificate for review
- s.23 Monitoring of toys complaint made in relation
- s.24 Non-compliant toys and toys presenting a risk The manufacturer
- s.25 Manufacturer's authorised representative
- s.26 Prohibitions on placing toys on the market An importer
- s.27 Information identifying importer An importer
- ... and 31 more duties
Offences and penalties 1
Powers 8
- s.41 UK national accreditation body
- s.50 Charging of fees by approved body
- Approval of conformity assessment bodies Approval of conformity assessment bodies
- Designated standard Designated standard
- Powers to amend Appendix A to Schedule 2 Powers to amend Appendix A to Schedule 2
- Power to amend Appendix C to Schedule 2 Power to amend Appendix C to Schedule 2
- Power to amend Schedules 1, 2 and 5 Power to amend Schedules 1, 2 and 5
- Restriction, suspension or withdrawal of approval Restriction, suspension or withdrawal of approval
Definitions 5
Exemptions 5
- Schedule 1 PRODUCTS THAT ARE NOT TOYS (Annex I to the Directive)
- s.4 Toys to which these Regulations apply
- s.8 Exception for trade fairs or exhibitions
- Obligations which are met by complying with obliga Obligations which are met by complying with obligations in the Directive
- Transitional provision in relation to EU Exit Transitional provision in relation to EU Exit