The BTHA has been discussing the UK’s designation of EN IEC 62115:2020/A11:2020 and the inclusion of the informative note with the Office for Product Safety and Standards (OPSS). After some discussion, OPSS has provided an email for members to give further clarification. This note may be useful for members being pushed for earlier compliance or being told the informative note is a legal requirement.
The wording of the note from OPSS can be found below. Please email Kerri Atherton if you would like a copy of the email.
Following discussion with policy and legal colleagues in light of feedback from business with regard to EN IEC 62115:2020/A11:2020, I would like to provide further clarification.
Only the application of the designated standard EN IEC 62115:2020/A11:2020 will give a presumption of conformity to the corresponding essential requirements in the Toys (Safety) Regulations 2011. The designated standard does not replace the essential requirements and manufacturers of toys retain full responsibility for ensuring the requirements of the Regulations are met and their products are safe.
The government has included an informative guidance note alongside the reference of the standard in Notice 0093/23. The guidance advises additional actions outside of the designated standard that manufacturers may wish to consider for the packaging, instructions and marking of toys that contain a coin or button battery. The informative note is intended to support manufacturers in their approach in understanding and managing risks that they may identify with their products, and it is for manufacturers to choose whether to follow the advised additional actions.
The informative note has no legal status and there is no related date for enhancing the pack warnings as suggested. It is understood that manufacturers will need reasonable time to make these changes to packs.
