Decree No. 171 / 1997 Coll.

Government Regulation laying down technical requirements for toys

Valid Regulation Effective from 01.09.1997
171
GOVERNMENT REGULATION
of 25 June 1997
laying down technical requirements for toys
The Government orders pursuant to Section 22 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts (hereinafter referred to as "the Act") to implement Sections 12 (1) and (4) and 13 (2) and (4) of the Act:
§ 1
(1) The products provided for in Article 12 (1) of the Act are products which have been manufactured or are clearly intended to be used by children under 14 years of age for play, with the exception of those listed in Annex 1 (toys).
(2) The technical requirements for toys are set out in Annex No 2 (hereinafter referred to as "essential requirements").
(3) If the essential requirements are specified by harmonised Czech technical standards (Section 4 (4) of the Act) and the properties of the toy are consistent with them, the essential requirements shall be deemed to be met.
§ 2
(1) For toys whose characteristics comply with harmonised Czech technical standards which specify all the essential requirements, they shall carry out, or ensure, conformity assessment prior to the placing on the market of their manufacturer or importer (§ 12 (4) (a) of the Act).
(2) For toys whose characteristics do not comply with harmonised Czech technical standards or where such standards do not specify all the essential requirements applicable to the toys in question, their manufacturers or importers will ensure, prior to placing on the market, an assessment of the conformity of the toy sample ("type examination") by an authorized person [Paragraph 12 (4) (b) of the Act].
§ 3
(1) For the type examination referred to in § 2 (2), the manufacturer or importer shall provide the authorised person (§ 11 (1) of the Act)
(a) a description of the toy;
(b) identification of the manufacturer or importer of toys (name and surname of the natural person, his place of residence, place of business and identification number or business name of the legal person, his registered office and identification number) and, in the case of imported toys, the place of manufacture;
(c) basic data on the design, materials used and the manufacture of toys;
(d) a sample of the toy.
(2) The authorised person shall carry out a type examination by:
(a) examine the supporting documents submitted by the manufacturer or importer and assess their accuracy and completeness;
(b) verify, detect and test that the toy sample complies with the essential requirements.
(3) If the toy sample complies with the essential requirements, the authorised person shall issue a certificate and transmit it to the manufacturer or importer. This certificate shall contain the conclusions of the detection, verification and test results, description and display of the certified toy necessary for its identification. If appropriate, this information may be given in an annex to the certificate.
§ 4
Evidence of conformity assessment carried out (Section 13 (4) of the Act) by the manufacturer or importer shall include technical documentation containing:
(a) details of the design, materials used and manufacture of the toy;
(b) a description of the means by which the manufacturer or importer has ensured compliance of the toy with harmonised Czech technical standards and technical regulations;
(c) where the conformity assessment procedure referred to in Article 2 (2) has been applied, the test reports and the type-certificate with copies of the supporting documents submitted by the manufacturer or importer to the authorised person and a description of the means by which the manufacturer or importer ensures conformity of all toys with the certified type;
(d) the address of the place of manufacture and storage of toys.
§ 5
The manufacturer or importer shall ensure that toys are marked with their own identification data in a visible, easily legible and indelible manner either on the toy or on its packaging. It shall at the same time include warnings and instructions to the extent set out in Annex 3.
§ 6
(1) The declaration of conformity shall be drawn up in the Czech language and shall contain the following particulars:
(a) identification details of the manufacturer or importer issuing the certificate of conformity (name and surname, residence, place of business and identification number of the natural person or trade name, registered office and legal entity identification number),
(b) identification details of the toy (in particular name, type, make, model, serial number), for imported toys also identification details of the manufacturer;
(c) a description and identification of the toy (by the manufacturer or importer designated for use, including the establishment of the age limit and the definition of the method of use under supervision in accordance with Annex 3) and other data on the toy (e.g. class of interference for toys which may emit disruptive frequencies);
(d) an indication of the method of conformity assessment used,
(e) the list of harmonised Czech technical standards and technical regulations used in the conformity assessment;
(f) where the conformity assessment has been carried out in the form of a type-examination, the particulars of the authorised person (trade name, registered office, identification number of the authorised person) who carried out the type-examination, the number and date of issue of the certificate (including its period of validity);
(g) confirmation by the manufacturer or importer that the characteristics of the toy comply with the essential requirements laid down in this Regulation, that the toy is safe under normal or, where appropriate, by the manufacturer or importer of the intended use, and that it has taken measures to ensure compliance of all toys placed on the market with the technical documentation and with the essential requirements;
(h) the date and place of issue of the certificate of conformity; the name and function of the responsible person of the manufacturer or importer and its signature.
(2) Where there is a change in the facts on which the certificate of conformity of a toy to be placed on the market is issued, which is to continue to be placed on the market after that change, and where such changes may affect the characteristics of the toy in terms of essential requirements, the manufacturer or importer shall issue a new certificate of conformity. Other changes to the facts on which the certificate of conformity was issued shall be indicated in the addendum to the certificate of conformity.
§ 7
Toys placed on the market during the period from the entry into force of this Regulation to 30 June 1998 may only meet the essential technical requirements applicable under the legislation in force before the entry into force of this Regulation.
§ 8
This Regulation shall enter into force on 1 September 1997.
Prime Minister:
Prof. Ing. Klaus CSc.
Minister for Industry and Trade:
JUDr. Kühnl v. r.

Příloha č. 1

Annex No 1 to Decree No. 171 / 1997 Coll.
PRODUCTS WHICH ARE NOT CONSIDERED FOR BORDER
1. Christmas Ornaments
2. Models of original products manufactured on a reduced scale, intended for adult collectors
3. Playground equipment
4. Sports equipment
5. Equipment for deep water water water sports
6. Folklore and decorative dolls and other similar articles intended for adult collectors
7. Entertainment facilities located in public places (shopping centres, stations, etc.)
8. Folders designed for specialists, containing more than 500 parts or without patterns
9. Air rifles and air pistols
10. Fireworks, including stripes, designed to be ignited with the exception of capsules (detonators), specially designed for toys
11. Slaughter and catapults
12. Arrow keys with metal tips
13. Electric ovens, irons and other functional products, provided they are powered by a current of a rated voltage exceeding 24 V
14. Products with heating elements intended for didactic purposes under adult supervision
15. Vehicles with internal combustion engines
16. Motorcycles for sports or public roads
17. Video game equipment designed to be connected to television sets, with a rated voltage exceeding 24 V
18. Handles for infants
19. Faithful imitation of real firearms
20. Children's jewellery

Příloha č. 2

Annex No 2 to Decree No. 171 / 1997 Coll.
ESSENTIAL REQUIREMENTS
I. GENERAL PRINCIPLES
1. Children are among those who need to be specifically protected against risks which they are unable to recognise and identify by their age. It's about risks,
(a) which can be derived from the design, material composition and production of the toy,
(b) which result from the use of a toy and cannot be completely excluded from the modification of its structure and composition without thereby altering its function or having lost its essential characteristics.
2. The risk arising from the use of the toy may only be such as to be proportionate to the child's mental and physical abilities or, where appropriate, to the supervising person. This applies in particular to toys which, due to their function, dimensions and characteristics, are intended for children under 3 years of age. In order to ensure this principle, the minimum age of the child for whom the toy is intended must be determined by the manufacturer or importer and, where appropriate, it must be provided that the toy concerned may only be used under the supervision of an adult.
3. The inscriptions on toys or their packaging and instructions for use shall be such as to draw effective and complete attention to the risks associated with the use of the toy and to the possibility of avoiding them. The instructions for use must be given in the Czech language.
II. SPECIFIC REQUIREMENTS
1. Physical and mechanical properties
(a) Toys, their parts and, in the case of toys intended to be fixed, their anchoring (fixing) elements shall also have such mechanical strength and, where appropriate, resistance to withstand stress during their use and shall not cause injury in the event of any breach or deformation.
(b) Accessible edges, protrusions, lines, ropes, cables and fixture elements of toys shall be so designed as to minimise the risk of injury in contact with them.
(c) Toys shall be so designed as to minimise the risk of injury caused by the movement of certain parts.
(d) Toys and parts thereof, including separable parts of toys, intended for children under 3 years of age, shall have dimensions such as to prevent their ingestion or inhalation.
(e) Toys and their components and consumer packaging shall not cause a risk of strangulation or asphyxiation.
(f) Toys intended to carry the child on water shall be so carried out that the risk that the toy loses this function in the recommended way of use is minimised.
(g) Toys to which the inside is accessible and where it therefore arises for the entering internal enclosed space shall have an exit which can be easily opened from the inside.
h) Toys enabling children to move shall, as far as possible, be fitted with a braking device adapted to the type of toy and adequate kinetic energy. The device shall be easily controllable and shall not cause any fall or other physical danger to the child or third party.
(i) The shape, design of the bullets and kinetic energy that the cartridges may generate when firing from a toy shall be such that there is no unabnormally high risk of physical damage to the child or third party.
(j) Toys containing heaters shall be so designed as to:
1. the highest temperature, which reaches all accessible external surfaces, did not cause burns when touched;
2. liquids, vapours and gases in the toy did not reach such high temperatures or pressures that, if leakage is necessary for the proper functioning of the toy, could lead to burns, scalding or other physical damage.
2. Flammability
(a) Toys shall not constitute a dangerous flammable element around the child and shall be composed of substances which:
1. in direct action by flame or spark or other possible sources of ignition, they do not start to burn;
2. they are difficult to ignite (stop burning after flame delay),
3. after ignition it burns slowly and allows only a slow spread of flame,
4. whatever the chemical composition of the toy, slow down the burning process.
Such flammable substances shall not constitute a risk of ignition for other substances used in a toy.
(b) A toy which, in view of its essential characteristics, contains dangerous substances or preparations, in particular materials and equipment for chemical experiments, modelling, modelling of plastic or ceramics, enamelling, photographic work and similar activities, shall not contain any substances or preparations which could become dangerous flammable after the leakage of volatile non-flammable constituents.
(c) Toys shall not create any risk of explosion or contain explosive elements or substances when used in accordance with Part I, paragraph 1 of this Annex. That measure does not apply to capsules (detonators) for toys listed in Annex 1, point 10, to this Regulation.
(d) Toys, in particular chemical games and toys, shall not contain any substances or preparations;
1. which may explode after mixing as a result of
1.1 chemical reactions or heating,
1.2 mixing with oxidative substances,
2. which contain volatile and airborne flammable compounds which could create a flammable or explosive vapour mixture with air.
3. Chemical properties
(a) Toys shall be so designed that, when used in accordance with paragraph 1 of Part I of this Annex, they are not liable to cause any physical damage when swallowed, inhaled or in contact with the skin, mucous membranes or in the eyes.
(b) In particular, in order to protect children's health when playing with a toy, the daily bioavailability shall not exceed the following values:
antimon 0,2 µgkadmium 0,6 µg
arsen 0,1 µgolovo 0,7 µg
baryum 25,0 µgrtuť 0,5 µg
chrom 0,3 µgselen 5,0 µg
or other values, provided that they are provided for in the legislation for these or other substances.
Bioavailability is a toxicologically permissible dose of soluble forms of these risk elements.
(c) Toys shall not contain dangerous substances or preparations in quantities likely to harm the health of children playing with them. In any case, it is prohibited to add dangerous substances or preparations to a toy if they should be used as such when playing with a toy.
However, where a limited quantity of dangerous substances or preparations is necessary for the functioning of certain toys, as is particularly the case with materials and equipment for chemical experiments, modelling, modelling from plastics or ceramics, enamelling, photographic work and similar activities, that quantity shall be allowed only if it does not exceed the maximum content established for each hazardous substance in harmonised Czech technical standards.
4. Electrical Properties
(a) Electric toys shall not be powered by an electric current with a rated voltage greater than 24 V and no part of the toy shall exceed this value.
(b) Parts of toys which are or may be in contact with a source of electrical current which may cause an electric shock, such as moving connections for electrical current supply of toys, shall be well insulated and mechanically protected in order to avoid this danger.
(c) Electric toys shall be so designed that, when the maximum surface temperature of the toy is reached, this surface cannot cause burns when touched.
5. Sanitation
Toys shall be carried out in such a way that they can be cleaned and thereby reduce the risk of transmission of the disease.
6. Radioactivity
Toys shall not contain radioactive elements or substances in form or in doses liable to endanger the health of the child.

Příloha č. 3

Annex No 3 to Decree No. 171 / 1997 Coll.
HAZARD WARNING AND INSTRUCTIONS FOR USE
Toys shall be provided with a well-readable and appropriate warning in the Czech language to reduce the risk of their use as specified in the essential requirements:
1. Toys not intended for children under 3 years old
Toys which could be dangerous to a child under 3 years of age shall bear the warning, for example, "Not intended for children under 3 years of age 'or" Not suitable for children under 3 years of age', together with brief information on the type of danger which is the reason for this restriction. The information may also be provided in the instructions for use.
This measure shall not apply to toys which are manifestly inappropriate due to their function, dimensions and characteristics or other substantial circumstances for children under 3 years of age.
2. Slides, hang swings, rings, trays, ropes and similar toys intended for fitting to structures
These toys shall be accompanied by instructions for use, stressing the need for regular inspection and maintenance of the main parts (hinges, fasteners, anchorages), with the warning that omission of such checks may result in the collapse or overturning of the toy.
The instructions shall also include instructions for correct installation of the toy with warning of parts whose incorrect installation may cause a threat to the child or third party.
3. Functional Toys
Functional toys are toys that are used in the same way (they are often a smaller model) as adult devices or devices.
Functional toys or their packaging shall bear the mark "Attention! Use only under adult supervision!."
In addition, the toy shall be accompanied by instructions for use containing instructions for operation and safety rules which shall be observed during use. The instructions shall also include a warning that, in the event of non-compliance with the safety rules, a hazard arises (to be specified specifically) associated with the use of a product whose reduced model or a copy of a toy constitutes. It shall also be stated that the toy should be kept out of reach of young children.
4. Toys containing dangerous substances or preparations and chemical toys
(a) In particular, chemical toys shall be considered as: sets for chemical experiments and casting of plastics, miniature workshops for pottery, enamelling, photographic work and similar toys.
(b) Instructions for the use of toys containing dangerous substances or preparations shall include a warning of their dangerous nature and safety precautions to be observed in order to avoid any danger associated with the use of toys, including brief hazard characteristics. The necessary first aid instructions to be provided in the event of a serious accident which may occur while using a toy shall be provided. In addition, the instructions shall indicate that these toys must be kept out of the reach of young children.
(c) In addition to the instructions referred to in paragraph (b), chemical toys shall bear on the packaging: "Attention! Only for children from..... years of age. Use only under adult supervision!." (Age is decided by the manufacturer.)
5. Skateboards and roller skates for children
If these products are sold as toys, they must bear the label "Watch out! Use protective equipment! '.
The instructions for use shall include a warning that the toy requires great skill and shall therefore be used with caution to prevent injury to the child and third parties by fall or collision. They shall also recommend appropriate protective equipment (helmets, gloves, knee protectors, elbow protectors).
6. Toys intended for use in water
Toys as defined in Annex 2, Part II, paragraph 1 (f) shall bear a warning according to EN 71, Part 1 and 2:
"Watch out! Use only in shallow water and under adult supervision!."

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Regulation Information

CitationGovernment Decree No. 171 / 1997 Coll., laying down technical requirements for toys
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation04.08.1997
Effective from01.09.1997
Effective until-
Status Valid
The regulation text is for informational purposes only.
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