PART 2 U.K.Prohibitions and Obligations on Economic Operators

Manufacturers and their authorised representatives U.K.

Toys to bear [F1 UK] marking E+W+S

18.—(1) The manufacturer must affix a [F1 UK] marking in relation to a toy.

(2) The [F1 UK] marking must be affixed visibly, legibly and indelibly.

(3) The [F1 UK] marking must be affixed to—

(a) the toy;

(b) a label affixed to the toy; or

(c) the toy's packaging.

[F2 (3A) For a period of [F3 36 months] beginning with IP completion day, the manufacturer may, in place of affixing the UK marking in accordance with paragraph (3) affix the UK marking to a document accompanying the toy.]

(4) Where the toy is small or consists of small parts, the manufacturer may, in place of affixing the [F1 UK] marking in accordance with paragraph (3), affix the [F1 UK] marking to—

(a) a label which is not affixed to the toy; or

(b) a leaflet which accompanies the toy.

(5) The manufacturer may (in place of affixing the [F1 UK] marking in accordance with paragraphs (3) or (4)) affix the CE marking to a counter display where —

(a) the toy is sold in the counter display;

(b) it is not possible to affix the [F1 UK] marking in accordance with paragraph (3) or (4); and

(c) the counter display was originally used as packaging for the toy.

(6) Where the toy is inside packaging the [F1 UK] marking must—

(a) be affixed to the packaging (whether or not it is also affixed elsewhere); or

(b) be otherwise visible from outside the packaging.

(7) The [F1 UK] marking may be followed by a pictogram or by any other mark indicating a special risk or use.

(8) Any toy which bears the [F1 UK] marking shall be presumed to comply with all the provisions of these Regulations.

(9) The presumption set out in paragraph (8) is rebuttable.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Word in reg. 18 substituted (E.W.S.) (31.12.2020) by S.I. 2019/696, Sch. 15 para. 17(a) (as substituted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 9(3))

F2 Reg. 18(3A) inserted (E.W.S.) (31.12.2020) by S.I. 2019/696, Sch. 15 para. 17(b) (as substituted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460)), reg. 1(4),Sch. 3 para. 9(3))

F3 Words in reg. 18(3A) substituted (E.W.S.) (9.12.2021) by The Product Safety and Metrology etc. (Amendment) Regulations 2021 (S.I. 2021/1273), regs. 1, 8, Sch. 2(e)

Toys to bear CE marking N.I.

18.—(1) The manufacturer must affix a CE marking in relation to a toy.

(2) The CE marking must be affixed visibly, legibly and indelibly.

(3) The CE marking must be affixed to—

(a) the toy;

(b) a label affixed to the toy; or

(c) the toy's packaging.

(4) Where the toy is small or consists of small parts, the manufacturer may, in place of affixing the CE marking in accordance with paragraph (3), affix the CE marking to—

(a) a label which is not affixed to the toy; or

(b) a leaflet which accompanies the toy.

(5) The manufacturer may (in place of affixing the CE marking in accordance with paragraphs (3) or (4)) affix the CE marking to a counter display where —

(a) the toy is sold in the counter display;

(b) it is not possible to affix the CE marking in accordance with paragraph (3) or (4); and

(c) the counter display was originally used as packaging for the toy.

(6) Where the toy is inside packaging the CE marking must—

(a) be affixed to the packaging (whether or not it is also affixed elsewhere); or

(b) be otherwise visible from outside the packaging.

(7) The CE marking may be followed by a pictogram or by any other mark indicating a special risk or use.

(8) Any toy which bears the CE marking shall be presumed to comply with all the provisions of these Regulations.

(9) The presumption set out in paragraph (8) is rebuttable.