139. Regulation of the Federal Minister of economy, family and youth, which modifies the toy labeling regulations
On the basis of § 32 of the Federal Act against unfair competition 1984 \u2012 Federal unfair competition act, Federal Law Gazette No. 448/1984, as last amended by Federal Law Gazette I no. 79/2007, is prescribed:
1. the existing text of § 1 receives the sales designation (1) and the expression "BGBl. No. 823/1994" is the expression "Federal Law Gazette II No. 203/2011" replaced. The following paragraph 2 is added:
"(2) toy, which does not comply with paragraphs 2 to 4, may be only exhibited at trade fairs and exhibitions, and it can be used, unless a him attached sign clearly indicates to not meet these labelling requirements and only then is professional displayed f in the European economic area or otherwise used in transport, if it complies with the requirements of this regulation."
2. paragraph 2:
„§ 2. The identification elements are
1. the name, the company, the character or the registered trade mark of the manufacturer, his authorised representative or of the importer in the European economic area, 2. the contact address of the manufacturer, his authorised representative or of the importer in the European economic area, 3. the CE marking in accordance with article 3, 4. the number of the manufacturing batch (batch number), type -, model or serial number or a different marking for identification of the manufacturing post and 5 special warnings required due to the nature of the toy gem. § 13 of the regulation of toys ", Federal Law Gazette II No. 203/2011, in their up-to-date versions."
3. § 3 para 2 second sentence reads:
"According to the CE marking pictograms or other warning signs or instructions for use may be attached to the toy, its packaging or a label, if they do not obstruct the visibility and legibility of the CE marking."
4. paragraph 4:
"4. (1) the marking in German language has to be carried out and is clearly visible and readable, and permanently on the toy, or if this is not possible due to the size or nature of the toy on the packaging or in the attached documentation to install the toy, as far as in para 2 and 3 not otherwise specified."
(2) providing gem. § 2 No. 3 (CE marking) can be attached on a label attached to the toy. CE marking a packaged toy from the outside is not visible, it is so also on the packaging to install. Small toys as well as existing small components toys CE marking can either be attached to a label or a leaflet.
(3) If a CE marking in the commercial offering for sale or in traffic put toys with goods-carrying racks presentation packaging is technically impossible and originally used as packaging of the toy, the counters presentation packaging the information at the libraries presentation packaging is to install."
5. paragraph 6:
"§ 6 toy, which allowed the previously applicable provisions of toy labelling regulation in the version BGBl. No. 1029/1994 matches and until the announcement of this regulation for the first time on the market has been, will be left up to the dismantling of stocks on the market."
6 paragraph 7:
„§ 7. Through this regulation, the labelling provisions of Directive 2009/48/EC on the safety of toys OJ are No. L 170 of June 30, 2009 p. 1, into Austrian law implemented."