EU Strengthens Toy Safety Directive 2009/48/EC on Chemical Restrictions in Certain Toys

The European Union (EU) has recently amended the Toy Safety Directive 2009/48/EC (TSD) to include the restriction of formamide and 4 preservatives in certain toys.

The enforcement dates are dependent on the nature of the restricted substance and will start on May 24, 2017.

In June 2015, SGS informed readers that the European Commission (EC) had notified the World Trade Organization (WTO) of a proposal [1] to restrict 6 chemicals in toys for children less than 36 months or other toys intended to be placed in the mouth under Appendix C of Annex II in the TSD. The company also informed that the Danish Environmental Protection Agency (EPA) announced that an agreement was made by the European Committee for toy safety to restrict 4 preservatives from this proposal.

Five New Chemicals Restricted under Toy Safety Directive

On November 24, 2015, the EU published Directives (EU) 2015/2115 [2], 2015/2116 [1] and 2015/2117 [3] restricting the use of 5 chemicals in toys for children under 36 months or other toys intended to be placed in the mouth under Appendix C of Annex II in the TSD. These 5 chemicals are:

1. 1,2-Benzisothiazol- 3 (2H)-one (BIT, CAS 2634-33-5)
2. 5-Chloro-2-methylisothiazolin-3 (2H)-one (CMI) and 2-methylisothiazolin-3(2H)-one (MI) (CMI:MI = 3:1, CAS 55965-84-9)
3. 5-Chloro-2-methylisothiazolin-3 (2H)-one (CMI, CAS 26172-55-4)
4. 2-Methylisothiazolin-3 (2H)-one (MI, CAS 2682-20-4)
5. Formamide (CAS 75-12-7)

According to the Directives, these chemicals are known to be used in the following toy applications:

- Chemical 1 is used as a preservative in water-based toys, including hobby paints and finger paints.
- Chemicals 2, 3 and 4 are used as preservatives in water-based toys, including hobby paints, finger paints, window / glass paints, glues and soap bubbles.
- Chemical 5 (formamide) is used as a solvent, plasticizer or as a chemical associated with a blowing agent used in the manufacture of foams such as used for toy puzzle mats.   

It is interesting to note that Directive (EU) 2015/2115 places a restriction of no more than 200 mg/kg formamide content in foam toy materials, including an emission limit of no more than 20 microgram/cubic metre as an alternative.  

Enforcement Date

The enforcement dates are dependent on the nature of the chemical:

- May 24, 2017 for chemicals 1 and 5
- November 24, 2017 for chemicals 2, 3 and 4

Highlights of the new laws are summarized in Table 1 (http://www.sgs.com/en/Our-Company/News-and-Media-Center/News-and-Press-Releases/2015/12/SafeGuardS-20215-EU-Strengthens-Chemical-Safety-in-Certain-Toys.aspx) in the latest Safeguards’ bulletin.

References:

[1] SGS Safeguards Bulletin. EU to Strengthens Chemical Safety in Certain Toys – June 30, 2015 (http://www.sgs.com/en/Our-Company/News-and-Media-Center/News-and-Press-Releases/2015/06/SafeGuardS-10615-EU-to-Strengthen-Chemical-Safety-in-Certain-Toys.aspx)

[2] Official Journal of the European Union. Commission Directive (EU) 2015/2115 of 23 November 2015 amending, for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards formamide – 23 November 2015 (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2115&from=EN)

[3] Official Journal of the European Union. Commission Directive (EU) 2015/2115 of 23 November 2015 amending, for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards benzisothiazolinone – November 23, 2015 (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2116&from=EN)

[4] Official Journal of the European Union. Commission Directive (EU) 2015/2115 of 23 November 2015 amending, for the purpose of adopting specific limit values for chemicals used in toys, Appendix C to Annex II to Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys, as regards chloromethylisothiazolinone and methylisothiazolinone, both individually and in a ratio of 3:1 – November 23, 2015 (http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32015L2117&from=EN)

About SGS Toy Safety Testing Services

SGS offers a wide range of services to ensure that products comply with the EU Toy Safety Directive (http://www.sgs.com/en/Consumer-Goods-Retail/Toys-and-Juvenile-Products/Toys/EU-Toy-Safety-Directive.aspx). The company offers training, safety/risk assessment, technical documentation check, labeling review, testing according to harmonized standards, SVHC screening, inspections and audits. With the largest global network of toy experts and testing facilities around the world – around 20 toy labs worldwide including 3 EU Notified Bodies (France, Germany and Netherlands), SGS is the partner to trust.

Please do not hesitate to contact an SGS expert for further information.

Contact details:

SGS Consumer and Retail
Hing Wo Tsang
Global Hardlines Information and Innovation Manager
SGS Hong Kong Limited
1/F On Wui Centre
25 Lok Yip Road
Fanling, N.T., Hong Kong, China

t: +852 2774 7420
Email: [email protected]  
Website: http://www.sgs.com/toys
LinkedIn: http://www.linkedin.com/company/sgs-consumer-goods-&-retail

SGS is the world’s leading inspection, verification, testing and certification company. SGS is recognized as the global benchmark for quality and integrity. With more than 80,000 employees, SGS operates a network of over 1,650 offices and laboratories around the world.