Regulation on the safety of toys
| Basic data | |
|---|---|
| Title: | Second regulation on the Product Safety Act |
| Short title: | Regulation on the safety of toys |
| Previous title: | Second ordinance on the Equipment and Product Safety Act |
| Abbreviation: | 2. ProdSV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 8 (1) ProdSG |
| Legal matter: | Special administrative law |
| References : | 8053-4-4-1 |
| Original version from: | December 21, 1989 ( BGBl. I p. 2541 ) |
| Entry into force on: | January 1, 1990 |
| Last revision from: | July 7, 2011 ( Federal Law Gazette I p. 1350 , ber. P. 1470 ) |
| Entry into force of the new version on: |
July 20, 2011 |
| Last change by: |
Art. 1 VO from July 9, 2018 ( Federal Law Gazette I, p. 1093 ) |
| Effective date of the last change: |
October 28, 2018 (Art. 2 of July 9, 2018) |
| Please note the note on the applicable legal version. | |
The regulation on the safety of toys has regulated the safety requirements for children's toys that are newly placed on the market since 1990. It implements the requirements of Directive 88/378 / EEC on the approximation of the laws of the member states on the safety of toys into German law. With the new version that came into effect on July 20, 2011, the requirements of Directive 2009/48 / EC were implemented in German law.
scope of application
The regulation applies to the placing on the market of new toys . Toys within the meaning of the regulation are all products that are designed or obviously intended to be used by children up to the age of 14 for play. This does not apply to some of the products listed in Annex I of Directive 2009/48 / EC (previously Directive 88/378 / EEC) (sports equipment, fireworks , costume jewelry for children , puzzles with more than 500 pieces, folklore and decorative dolls and similar articles for adults Collector, ignition plate).
Security requirements
Toys may only be placed on the market if they comply with the essential safety requirements specified in Annex II of Directive 88/378 / EEC. The duration of its foreseeable and normal use is taken into account. When used as intended, taking into account the normal behavior of children (e.g. sucking / putting toys in their mouth), the safety or health of users or third parties must not be endangered.
Requirements for placing on the market
Toys may only be placed on the market if the following requirements are met:
- I. The toy must be CE marked . The manufacturer or his authorized representative established in the EU (formerly EG or EWG ) hereby confirms that the toy either
- a) is completely manufactured in accordance with the harmonized European standards or
- b) corresponds to the type for which an approved body has certified after carrying out an EC type test in accordance with Article 10 of Directive 88/378 / EEC that it complies with the essential safety requirements according to § 2.
- II. For the toy, the manufacturer or his authorized representative established in the EC or EEC or the person who first places the toy on the market must keep the following information available:
- a) Addresses of the manufacturing and storage locations of the toy,
- b) information on the design and manufacture of the toy,
- c) information on the means by which compliance with the European harmonized standards is ensured in the manufacture of the toy, and
- d) if applicable, the type examination certificate.
For toys that are not completely manufactured in accordance with the harmonized European standards (see above), further information is required.
Anyone placing toys on the market that was not CE-marked or not provided in the prescribed manner, or who did not keep the necessary information available, acted improperly until July 20, 2011 .
CE marking
The CE marking must be visible, legible and indelible on the toy or its packaging.
The name and, if applicable, the company name or the logo and the address of the manufacturer (or his authorized representative or the importer in the Community) must be affixed in the same way. Under certain circumstances, this information may also be abbreviated or, in the case of small toys, attached to a label or an accompanying note.
Instructions for use and instructions for use
Toys listed in Annex IV of Directive 88/378 / EEC may only be placed on the market if they are provided with the hazard warnings and instructions for use given in German.
Anyone who, contrary to Section 5, brought toys onto the market without the prescribed hazard warnings or instructions for use, acted improperly until July 20, 2011.
Annex IV of Directive 88/378 / EEC
Toys must be provided with clearly legible and suitable instructions for reducing the dangers that arise during their use, as prescribed by the essential safety requirements.
Concrete regulations for
- Toys not intended for children under 36 months
- Slides, hanging swings, rings, trapezoids, ropes and similar toys, mounted on scaffolding
- Functional toys, i.e. toys that - often as a reduced model - fulfill the same functions as devices or systems intended for adults
- Toys containing dangerous substances or preparations as such; chemical toys (boxes for chemical experiments, boxes for plastic potting work, miniature workshops for ceramics, enamel and photographic work and similar toys)
- Skate boards and roller skates for children
- Water toys
Administrative offenses
Since July 20, 2011, only failure to affix the manufacturer's name and address has been threatened with a fine. The previously applicable threat of a fine due to a lack of hazard warnings, instructions for use or CE marking is no longer applicable.
