Seller Handbook

This article is intended as a practical guide for sellers to address common product safety questions. Sellers are ultimately responsible for the safety and compliance of their products.

Friendly disclaimer: If you list products for sale on Etsy, you must comply with all federal, state, and local legal requirements and Etsy policies applicable to those products and product listings. This information provides an overview regarding non-exhaustive EU requirements for educational purposes only, is subject to change over time, and is not legal advice. It's not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The authors, Etsy, Inc. and Etsy Ireland UC disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of or reliance on these materials. Requirements may vary depending on your location and where you make your products available. Please consult a licensed lawyer in your area for legal assistance.

What should I consider when selling toys in the European Union?

A toy is any product designed or intended for use in play by children under 14 years old (even if not exclusively). When selling toys, you must make sure that they comply with applicable safety requirements. Toys sold in the EU must be safe for children’s health and safety, and take into account how children behave (and how their caregivers supervise them). Toys should include clear instructions for use and warnings about potential dangers and how to avoid them.

Which laws apply to toys?

The EU Toy Safety Regulation entered into force on January 1, 2026, and will fully replace the EU Toy Safety Directive on August 1, 2030. Until then, toys sold to the EU must comply with the Toy Safety Directive. In addition to the Toy Safety Directive and Regulation, other EU laws that apply to toys include:

• Regulation on market surveillance and compliance of products.
• Regulation setting out the requirements for accreditation and market surveillance relating to the marketing of products.
• Regulation on materials and articles intended to come into contact with food, when a toy may come into contact with food.
• Directive on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances.
• Regulation on Classification, Labelling and Packaging (CLP).
• Regulation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), for chemicals in the toys.
• General Product Safety Regulation (GPSR), which applies when the product is not a toy (see question “What are some examples of products that are excluded by the Toy Safety Directive?”).
• Cosmetics Regulation, which applies to cosmetic toys, such as cosmetic kits for children.

Do I need a European Authorized Representative if I want to sell in the EU?

If you are a non-EU seller who wants to sell into the European Union market, you must have an EU- based economic operator for each product, such as a European Authorized Representative (EAR). Among other responsibilities, the EAR keeps documentation available to EU authorities and cooperates with them to address safety issues or recalls.

What are some examples of products that are excluded from the Toy Safety Directive?

Some products are similar to toys, but are not covered by the Toy Safety Directive. Annex I of the Toy Safety Directive lists products that are not covered by the Toy Safety Directive. Some examples include: decorative objects for festivities and celebrations, products for collectors, sports equipment, puzzles with more than 500 pieces, fireworks, electrical transformers for toys, fashion accessories for children not intended as toys, scooters, computer games, etc. These products must comply with the EU General Product Safety Regulation (GPSR).

What warnings do toys have to display?

In the European Union, toys must include the minimum or maximum age of the user. When applicable, they also must include weight and abilities of the user for proper use as well as to warn that the product must be used under adults’ supervision.

There are also specific additional warnings to display for certain categories of toys, which are:

• Toys not intended for use by children under 36 months. Such toys have to bear a warning saying, “Not suitable for children under 36 months” or “Not suitable for children under three years” or a graphic warning (see Annex V of the Toy Safety Directive).
• Activity toys must bear the warning “Only for domestic use”. Activity toys are toys which have a motionless structure used by children for climbing, jumping, swinging, sliding, rocking, spinning, crawling, and creeping. When applicable, such toys must also include instructions pointing out the need to carry out checks and maintenance of the main parts.
• Functional toys must bear the warning, “To be used under the direct supervision of an adult”. Functional toys are defined as “a toy which performs and is used in the same way as a product, appliance or installation intended for use by adults, and which may be a scale model of such product, appliance or installation”.
• Chemical toys, which are toys intended for the direct handling of chemical substances and mixtures, must include warnings about the dangerous nature of such chemicals, precautions to avoid related hazards, and indications on the first aid necessary in case of accidents. In addition, the product also must indicate the appropriate targeted age-group and to warn to keep it out of reach of children under a certain age (“Not suitable for children under (X) years”, “For use under adult supervision”).
• When skates, roller skates, inline skates, skateboards, scooters, and toy bicycles for children are sold as toys, they must bear the warning “Protective equipment should be worn. Not to be used in traffic”. In addition to this warning, the instruction should provide further information on the correct use of the toy and the recommended protective equipment.
• Aquatic toys, which are products used in shallow water, carrying, or supporting a child on the water, must display the warning “Only to be used in water in which the child is within its depth and under adult supervision”.
• When food contains a toy, the product must include the warning “Toy inside. Adult supervision recommended”.
• If a toy is an imitation of an actual protective equipment, the toy must warn users with the following “This toy does not provide protection”.
• Toys intended to be strung across a cradle, cot or perambulator by means of strings, cords, elastics, or straps must bear the warning “To prevent possible injury by entanglement, remove this toy when the child starts trying to get up on its hands and knees in a crawling position”.
• Packaging for fragrances in olfactory board games, cosmetic kits, and gustative games must display the warning “Contains fragrances that may cause allergies”. The list of fragrances is included in Part III of Annex II of the Toy Safety Directive.

More specific indications on all warnings mentioned above can be found in Part B of Annex V.

How do I display warnings on toys?

Overall, manufacturers must affix the warnings in a clear and visible way, either on the labels or on the packaging. If appropriate, such warnings must be reported on the instructions for use as well. Before the warning, there must be the word “Warning” or “Warnings”.

When a warning determines the decision to purchase the toy, such as appropriate age range for the toy or other warnings, this warning must appear on the packaging or in a way that the buyer can easily read it before the purchase.

All warnings must be written in languages easily understood in the country where the product is sold.

Article 11 of the Toy Safety Directive further clarifies how toys have to display warnings.

Do toys need to bear the CE marking?

Toys sold in the European Union must bear the CE marking. The CE marking is a declaration of conformity with the relevant health and safety requirements related to that product. The CE marking must be affixed according to the regulatory requirements relating to the marketing of products.

When a toy bears the CE marking, it can be assumed that the product complies with the Toy Safety Directive.

What conformity assessment procedures are toys subject to?

The safety and health requirements set by the Toy Safety Directive can be demonstrated in two ways:

• Self-assessment through the applicable harmonized standard
• Assessment by a Notified Body

A Notified Body is an organization designated by the EU that assesses the conformity of higher risk products, including certain toys.

What are the safety requirements related to flammability of toys?

Toys must not present any dangerous burning element. Therefore, their materials must fulfill at least one of the following:

• Exposure to flames, sparks, or other sources of fire does not cause any burning.
• The flame goes out when the fire’s cause is extinguished.
• If they burn, the flame spreads slowly.
• Their design mechanically delays the combustion process.

All requirements related to flammability of toys are specified in Annex II of the Toy Safety Directive.

What do I need to know about packaging of toys?

Packaging of toys must not present risk of strangulation or suffocation for children. Annex II of the EU Toy Safety Directive lists the safety requirements for packaging for toys. In addition, manufacturers can comply with the standard EN 71-1, specifically for flexible plastic sheeting, toy bags, and packaging. The Toy Safety Directive does not cover warnings related to packaging, as the requirements set in the General Product Safety Regulation (GPSR) apply.

How do I define toys intended for children under 3 years?

The design of a toy may determine whether the product is meant for catching the attention of children aged under 36 months. Generally, whether a toy is intended for this age group can be determined by taking into account:

• Psychology of the child, e.g., the need to cuddle.
• Attraction to objects which remind the kids of themselves (size, appearance, etc.).
• Mental development, such as capacity, knowledge, patience.
• Physical abilities, such as the limitation that a child under 3 years might have.

Do dress-up or carnival costumes and their accessories classify as toys?

Dress-up or carnival costumes, when designed or intended for use in play by children under 14 years of age, should be classified as toys. However, costumes for children up to one year old do not fall within the scope of the Toy Safety Directive, because children that age do not understand clothing articles as a toy. They would instead fall within the scope of other legislation, for example, the General Product Safety Regulation (GPSR). For toy costumes, manufacturers can follow standard EN 71-2 in order to be compliant with the Toy Safety Directive. Costumes for adults are not considered toys.

Are there any chemicals banned from use in toys?

It's important to consider banned and restricted chemicals when manufacturing or selling toys. There are at least 50 fragrances banned in toys. In addition, there are certain fragrances which must be listed on the toy (on labels, packaging, or leaflet), when added at concentrations exceeding 100 mg/kg. Other substances cannot exceed certain migration limits. The complete list of all these substances and mixtures can be found in Annex II of the Toy Safety Directive. There are specific limits for chemicals used in toys for children under 3 years old or in toys to be placed in the mouth. The complete list of limit values can be found in Annex II.

Nickel, classified as CMR 2 (substances classified as carcinogenic, mutagenic, or toxic for reproduction), is permitted in toys if their components are made of stainless steel or in components of the toy intended to conduct an electric current.

What are the requirements to sell toys in the United Kingdom?

Since Brexit, the United Kingdom is no longer part of the European Union. As a result, the EU legislation does not apply if you want to sell in the United Kingdom. If you want to sell toys in the United Kingdom, the Toys (Safety) Regulations apply. However, like the EU Directive, the UK Regulations cover toys designed or intended (whether or not exclusively) for use in play by children under 14 years old.

Just as in the European Union, toys must be safe for use by children. They must not jeopardize their safety and health, taking into account the behavior of children and, when appropriate, of their supervisor.

Specifically, this refers to the area of Great Britain, whereas in Northern Ireland, the EU legislation applies.

What conformity assessment procedures are toys in the United Kingdom subject to?

Similar to the European Union, toys can be assessed through a self-declaration, where allowed by the Regulations, or a third-party body. Third-party bodies are called Approved Bodies in the United Kingdom. Schedule 2 of the Toy Regulations has additional information about safety requirements. Similar to the EU Directive, safety requirements include hazards related to physical/mechanical properties, flammability, chemical properties, electrical properties, hygiene requirements, and radioactivity.