Notice of warning labelling of magnetic toys 1)
Pursuant to section 13, paragraphs 1 and 3, § 27, paragraph 5, and section 28 of Act No. 364 of 18. May 1994 on product safety, as amended by Act No. 1170 by 19. December 2003, lays down:
§ 1. For the purposes of the provisions of this order, the following definitions shall be added:
1) Toys: any product designed or clearly intended for games designed for children under the age of 14.
2) Magnetic Toys: toys that contain or consist of one or more magnets or one or more magnetic parts that are accessible to children and of such a size and shape that they can nedsvælges.
3) Of such a size and shape that they can nedsvælges: that they can fit completely inside the cylinder for small parts as defined in the standard EN 71-1:2005.
4) Available for children: Which are loose or can be loosened from the toy when it is used by children in the normal way or in a way that can reasonably be expected, even if they originally contained, encapsulated, recessed or mounted in the toy.
5) making available on the market: any supply of magnet toy for distribution, consumption or use on the Community market as part of an economic activity, whether or not for remuneration.
6) putting into circulation: the first making available of magnet toys on the Community market.
7) withdrawal: any measure in order to prevent the magnetic toys distributed, displayed and offered to the consumer.
The scope of the
§ 2. The notice applies to magnetic toys placed on the market are made available on the market, put into circulation or made available on the market.
Requirements on warning labelling
§ 3. Magnetic toys placed on the market are made available on the market, put into circulation or made available on the market, shall be equipped with either:
1) Warning with the following wording: "Warning! This toy contains magnets or magnetic parts. Magnets that hang together or becoming attached to a metal object inside the human body, can cause serious or fatal injury. Seek immediate medical attention if magnets be swallowed or gets into the air the way one. ", or
2) warning with equivalent easily understandable wording that clearly gives the same information.
(2). The warning must be clearly visible and legible in a conspicuous place on the packaging or must otherwise be placed on magnetic toys affair, so that it is visible to the consumer at the point of sale.
(3). The warning must be in Danish.
(4). Magnetic toys that do not meet the conditions laid down in paragraph 1, 2 or 3 on the warning label shall immediately be withdrawn from the market, and consumers must be informed appropriately on this matter.
§ 4. The Danish safety technology authority responsible for the supervision of the use the magnet toys available on the market, meet the provisions of this Ordinance.
§ 5. The Danish safety technology authority finds that the magnetic toys do not comply with the labelling requirements imposed by this Ordinance, may be ordered by the Security Agency, which has brought the magnetic toys affair in circulation, or anyone who is otherwise made magnet toys affair available on the market to
1) halt sales of the product,
2) pull the product back and
3) inform consumers properly about the risk.
(2). Anyone who has been part of turnover may be imposed to help implement an injunction in respect of a product which has been granted another pursuant to paragraph 1.
§ 6. The Danish safety technology Authority may take necessary measures to warn consumers about the risks of magnetic toys properly, not satisfying the requirements for the marking of this order.
Access to justice
§ 7. The Security Agency's decisions after this order cannot be appealed to any other administrative authority, see. Article 23, paragraph 1.
(2). Injunction issued under section 5 of the Security Agency shall without undue delay be brought before the courts, if the order was made as directed against objections, see. Article 23, paragraph 2.
(3). The Court may decide that the Court, as referred to in paragraph 2, have suspensory effect. Article 23, paragraph 3.
§ 8. With fine punished anyone who
1) in contravention of section 3 (1) brings the magnetic toys in circulation or otherwise makes magnetic toys available on the market without it being equipped with warning label,
2) in contravention of section 3 (4) fails to draw the magnetic toys back,
3) in contravention of section 3 (4) fails to inform consumers properly, or
4) fails to comply with the Security Agency's injunction pursuant to section 5.
(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.
Date of entry into force of
§ 9. The notice shall enter into force on the 21. July 2008.
The Danish safety technology authority, the 9. July 2008 Carsten Sørig/Tina Marie M Official notes 1) Executive order implementing Commission decision 2008/329/EC of 21. April 2008 requiring Member States to ensure that magnetic toys placed or made available on the market, is equipped with a warning about the health and safety risks it entails, (OJ L 114 of april 26, 2008, pp. 90-93).