Switzerland Updates Toy Safety Ordinance to Align with EU

Switzerland has aligned its Toy Safety Ordinance with the European Union’s (EU’s) Directive 2009/48/EC, the so-called Toy Safety Directive (TSD), and Annex XVII of Regulation (EC) 1907/2006 on Registration, Evaluation, Authorization and Restriction of Chemicals (REACH).

The amendments to make this alignment were published on November 5, 2019. They include, inter alia, the following changes:
1. Clarification that the migration requirements of ≤ 0.05 mg/kg for nitrosamines and ≤ 1.0 mg/kg for nitrosatable substances apply to toys for children under 36 months and in other toys intended to be placed in the mouth (Annex 2 to Toys Ordinance)
2. Strengthening of the migration limit for chromium (VI) from 0.2 mg/kg to 0.053 mg/kg in scraped-off (category III) toy materials (Annex 2 to Toys Ordinance)
3. Expanding the requirement of ≤ 0.1% for the sum of three phthalates to four phthalates (Annex 2 to Toys Ordinance) – similar to entry 51 to Annex XVII of REACH. The four phthalates are:
a. BBP – benzyl butyl phthalate
b. DBP – dibutyl phthalate
c. DEHP – di(2-ethylhexyl) phthalate
d. DIBP – diisobutyl phthalate (new addition)
4. Revising the list of technical standards for toy safety (Annex 4 to Toys Ordinance), see below:
o SN EN 71-1:2015+A1:2018 ‘Mechanical and physical’
o SN EN 71-2:2011+A1:2014 ‘Flammability’
o SN EN 71-3:2013+A3:2018 ‘Migration of certain elements’
o SN EN 71-4:2013 ‘Experimental sets for chemistry and related activities’
o SN EN 71-5:2016 ‘Chemical toys (sets) other than experimental sets’
o SN EN 71-7:2014+A2:2018 ‘Finger paints’
o SN EN 71-8:2018 ‘Activity toys for domestic use’
o SN EN 71-12:2013 ‘N-nitrosamines and n-nitrosatable substances’
o SN EN 71-13:2014 ‘Olfactory board games, cosmetic kits and gustative games’
o SN EN 71-14:2018 ‘Trampolines for domestic use’
o Electric toys:
i. SN EN 62115:2005
ii. SN EN 62115:2005/A2:2011/AC:2011
iii. SN EN 62115:2005/A11:2012/AC:2013
iv. SN EN 62115:2005/A12:2015

Stakeholders should note that the EU and Switzerland require different versions of EN 71-3 ‘Migration of certain elements’ to demonstrate conformity. The EU requires the 2019 version while Switzerland looks for SN EN 71-3:2013+A3:2018 to show compliance.

The provisions of the alignment came into effect on December 1, 2019, but according to the amendment:
• Toys not meeting the requirements in points 1 to 3 above may be manufactured, imported, labeled and sold to consumers until May 31, 2020
• Toys not meeting the other provisions in the amendment may be manufactured, imported and labeled under the old law until November 30, 2020 and can remain on the market until stocks are exhausted

SGS Toy & Juvenile Product Services
SGS offers a wide range of services to ensure that products comply with relevant standards for toys and childcare articles and equipment. They provide consulting, training, product development, testing, audit and inspection services to ensure that products comply with strict regulations worldwide, demonstrating the safety and quality of juvenile products being brought to the market. Learn more about SGS’s Toy & Juvenile Product Services. [www.sgs.com/en/consumer-goods-retail/toys-and-juvenile-products

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