Second Regulation To The German Equipment And Product Safety Act (Regulation Concerning The Safety Of Toys)

Original Language Title: Zweite Verordnung zum Geräte- und Produktsicherheitsgesetz (Verordnung über die Sicherheit von Spielzeug)

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Read the untranslated law here: http://www.gesetze-im-internet.de/gpsgv_2/BJNR135000011.html

Second regulation to the German equipment and product safety Act (regulation concerning the safety of toys) (2. GPSGV) 2. GPSGV Ausfertigung date: 07.07.2011 full quotation: "second regulation to the German equipment and product safety Act (regulation concerning the safety of toys) by July 7, 2011 (Federal Law Gazette I p. 1350, 1470)" *) this regulation serves the implementation of 1 of Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys (ABI. L 187 of the 16.7.1988, p. 1), last by article 2 of Directive 2008/112/EC of the European Parliament and of the Council (ABI. L 345 of December 23, 2008, p. 68) has been amended is 2. directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170 of the 30.6.2009, p. 1).
Footnote (+++ text detection from 20.7.2011 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 48/2009 (CELEX Nr: 32009 L 0048) EWGRL 378/88 (CELEX Nr: 31988 L 0378) +++) input formula on the basis of § 3 paragraph 1 of the equipment and product safety act of 6 January 2004 (BGBl. I S. 2) in conjunction with § 1 of the jurisdiction adjustment Act of 16 August 2002 (BGBl. I S. 3165) as well as the adoption of organization by November 22, 2005 (BGBl. I S. 3197) the Federal Ministry of Economics and technology enacted after consultation of the Committee for technical work equipment and consumer products and in agreement with the Federal Ministry of food, agriculture and consumer protection, the Federal Ministry for environment, nature conservation and nuclear safety, the Ministry of Defense and the Federal Ministry of transport, building and urban development: article 1 scope of application (1) this Regulation shall apply, if provided toys on the market.
(2) to annex I of to Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170 of the 30.6.2009, p. 1) products listed are not considered toys within the meaning of this regulation.
(3) this Regulation shall not apply to the following toys: 1 playground equipment for public use, 2 slots, coin operated and not coin-operated, when used not exclusively private, 3. toy vehicles equipped with combustion engines, 4. toy steam engine and 5. fling and Slingshot.
(4) in particular article 30 of the food and feed law book and section 105 of the Radiation Protection Ordinance, as well as the special requirements for the use of certain substances in toys according to § 5 of the electrical and electronics Act remain unaffected.
Footnote § 1 para 4 italics: "Electrical and electronic equipment Act" are section 2 should properly definitions In this regulation 1 activity toy, a toy to use in the household, whose supporting structure remains stationary during the activity and which is intended for the following activities of children is: climbing, jumping, swings, slides, swings, turning, creeping or crawling or a combination of these activities;
2. is the representative operating speed that can reach a toy due to its maximum design speed;
3. is available on the market each payment or free of charge of a toy for distribution, consumption or use on the market of the European Union in the course of a commercial activity;
4. is represented by each natural or legal person established in the European Union, the manufacturer in writing, asked to perform certain tasks on his behalf;
5. is board game for the sense of smell a toy, the purpose of which is to help children to learn to identify different smells or fragrances;
6. is CE marking the marking by which the manufacturer declares that the product meets the requirements laid down in the harmonisation of legislation in the European Union about its affixing;
7. is chemical toys a toy which is intended for the direct handling of chemical substances and mixtures with age-appropriate use under the supervision of an adult;
8. is the importer each natural or legal person established in the European Union, brings a toy from a State that is outside the European economic area, on the market;
9. is functional product a product that is a device or a system works in the same way as a product, and is used, that is intended for use by adults. This may be a scale model of the small one such product or device or any such system;
10 is a toy performs same functions and so is used as a product, a device, or a device that use adult intended functional toy. This may be a scale model of the small one such product or device or such institution;
11. is risk the possible cause of damage;
12. is dealer any natural or legal person in the supply chain that provides a toy on the market, with the exception of the manufacturer and the importer;
13 harmonized standard is a standard that from a in annex I of to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure on the field of technical standards and regulations and of the rules for the services of the information society (OJ L 204 of the 21.7.1998, p. 37), as last amended by Directive 2006/96/EC of the Council (OJ L 363 of 20.12.2006, p. 81), recognised European standardisation bodies on the basis of a request from the Commission pursuant to article 6 of that directive created;
14. are the Community harmonisation legislation EU legislation harmonising the conditions for the marketing of products;
15. is manufacturer any natural or legal person who manufactures a toy or can develop or manufacture and provides this toys under their own name or their own brand on the market;
16. is placing on the market the first making available of a toy on the market;
17. Declaration of conformity is the procedure of evaluation, whether specific to a toy; fulfilled requirements
18. is conformity assessment body a body that performs conformity assessment activities including calibration, testing, certifications and inspections;
19. is vanity case a toy, the purpose of which is to help children to make products such as perfumes, soaps, creams, shampoos, bath foams, lip gloss pencils, lipsticks, make-up, toothpaste and Hair Conditioner;
20. is market surveillance each of the competent authorities carried out activity and measure taken by them, which are that the toys comply with the requirements of this regulation and the safety and health of people or other protected areas not jeopardize public interest ensuring;
21 is risk the probability of a threat that caused damage and the severity of the damage;
22 is any measure to prevent that a toy, which is located in the supply chain, provided the market withdrawal;
23 is callback any measure which aims at returning one to obtain the final consumer in the market of provided toy;
23A. If damage is a physical injury or any other damage to health, even long-term nature;
24. is game for the sense of taste a toy, the purpose of which is that children can make candy or other foods using food ingredients such as sweeteners, liquids, powders and flavourings;
24A. are all products that solely or not exclusively to toys or are designed to be used by persons under 14 years of age to play.
25 is water toy a toy which is intended for use in shallow water and is designed to carry a child on the water or over water to keep;
26. are economic operator of the manufacturers, agents, importers and dealers;
27. is a formulation that indicates that parents or guardians on the basis of the functions, dimensions and characteristics of a toy can assume reasonably, it is intended for use by children of the specified age group "Intended for use by children of the specified age group".
Footnote 2 section no. 24a italics: should "are toys" noisy § 3 get general obligations of the manufacturer (1) allowed manufacturers only such toy on the market, which has been designed and manufactured in accordance with the requirements of section 10 of this regulation and annex II of the directive 2009/48/EC.
(2) the manufacturer must create the technical documents required in accordance with article 17 and pursuant to § 15 applicable conformity assessment procedures that perform or carry out. Has been proven on the basis of this procedure that the toy complies with applicable referred to in paragraph 1, the manufacturer issuing the EC declaration of conformity referred to in article 12 and affix the CE marking in accordance with article 13, paragraph 2 and 3.
(3) the manufacturer must keep the technical documentation and the EC declaration of conformity 10 years from the placing on the market of the last piece of the toy series.
To ensure that the requirements of the directive 2009/48/EC are complied in repetitive manufacturing always (4) which have manufacturers through appropriate procedures. Changes to the design of the toy or its characteristics and changes in the harmonised standards referred to, when the conformity of a toy is declared, are adequately taken into account. To protect of the health and safety of the people the manufacturer perform, if risks posed by a toy, samples of the toys in circulation, carry out audits, keep a register of complaints, of non-conforming products and product recalls and teach the dealer on a regular basis about progress and results of their audit.
(5) there is reason to believe that a toy placed by them on the market is not the relevant Community harmonisation legislation of, the manufacturers take the necessary corrective measures immediately to establish the conformity of this toy with the relevant Community harmonisation, if necessary to take the toy from the market or to recall it. If there are risks associated with the toy, the manufacturer also immediately have the competent market surveillance authorities of the Member States where they made the toy on the market, to teach and doing the necessary information, in particular about the non-compliance and the corrective measures taken, to make.

§ 4 special labelling and information requirements of the manufacturer (1) manufacturers are responsible for ensuring that their toys legibly and indelibly bear a type, batch, model, or serial number, or a different license plate identification. If this is not possible due to the size or nature of the toy, the manufacturer for this responsible indicate the required information on the packaging or in the documents, which are attached to the toy.
(2) the producers have their name when they are placed on the market to give registered trade name or registered mark and their contact address either on the toy itself or, if this is not possible, on its packaging or in the documents, which are attached to the toy. In the address, a central authority must be specified under which the manufacturer can be contacted.
(3) manufacturers are responsible for ensuring that the instructions for use and safety information are attached to the toy. Instructions for use and safety information are to provide in the German language.
(4) the producers are obliged to provide the competent market surveillance authorities, which are required to demonstrate the conformity of the toy of this requested information and documents available. The information and documents are in German or a language to write, which can be easily understood by that authority. The manufacturers have to provide this authority at its request all information and documents that are required for measures to prevent risks, associated with toys, which they have placed on the market.

§ 5 duties of the authorised representative (1) a manufacturer may appoint a representative in writing.
(2) an agent performs the tasks conferred on it by the manufacturer for this. A manufacturer that uses a proxy, this must transmit at least the following tasks: 1 keep of the EC declaration of conformity and the technical documentation for the market surveillance authorities for a period of ten years from the placing on the market of the last piece of the toy series, 2. on a reasoned request from a competent market surveillance authorities handing of all relevant information and documents on this to demonstrate of the conformity of a toy and 3. on a reasoned request from a competent market surveillance authorities cooperation with this at all measures to eliminate the risks , which are connected with toys.
(3) the obligations referred to in article 3, paragraph 1, and the creation of the technical documentation referred to in § 17 cannot be transferred to a representative from the manufacturer.

§ 6 obligations of the importers (1) importers may bring only compliant toys on the market.
(2) before an importer brings a toy on the market, he must ensure that the appropriate conformity assessment procedure was carried out by the manufacturer. The importer may only bring a toy in the traffic, if 1 the manufacturer has created the technical documentation, 2. the toy with the required conformity marking is provided, 3. the required documents are attached to the toy and 4 the manufacturer has met the requirements laid down in article 4 paragraph 1 and 2.
There is reason to believe that a toy not II of Directive 2009/48/EC complies with the requirements according to section 10 of this regulation and annex, an importer must to bring this toy not on the market before the conformity of the toy with these requirements is made. If a risk is connected with the toy, the importer shall inform the manufacturer and the competent market surveillance authorities of the Member States where they have deployed the toy on the market, this.
(3) when a toy is in his area of responsibility, each importer that is responsible that the storage or transport conditions affect not the conformity of the toy with the requirements according to section 10 of this regulation and annex II of the directive 2009/48/EC.
(4) the importers have to provide a copy of the EC declaration of conformity for a period of ten years following the placing on the market of the toy for market surveillance authorities and ensure that you can supply the market surveillance authorities the technical documentation on request.
(5) article 3, paragraph 4, sentence 3, paragraph 5 and article 4, paragraph 3 and 4 applies for the importer. Article 4, paragraph 2, sentence 1 shall apply accordingly for the importer.

§ 7 obligations of traders (1) dealer must consider the applicable requirements for the marketing of toys with the care required when providing toys on the market.
(2) before they deploy a toy on the market, the traders have to verify that 1 the toy with the required conformity marking is provided, 2. the required documentation as well as the instructions and safety information enclosed with the toy in German language and the requirements of article 4 paragraph 1 and 2 as well as article 6, paragraph 5, sentence 2 have met 3 of the manufacturer and the importer.
There is reason to believe that a toy not II of Directive 2009/48/EC complies with the requirements according to section 10 of this regulation and annex, can the dealer ready put this toy on the market, after it was associated with these requirements in accordance. If a risk is connected with the toy, the dealer has to inform the manufacturer or the importer, as well as the responsible for the merchant market surveillance in addition.
(3) distributors who consider or have reason to believe that a toy provided by them on the market is not the relevant harmonisation of Community legislation, ensure that the necessary corrective measures are taken to establish the conformity of this toy with these requirements, the toys, if necessary to take back or it to call back. Section 3, paragraph 5, sentence 2 shall apply accordingly.
(4) the distributor have the competent market surveillance on their reasoned request to hand over all information and documents, which are necessary to demonstrate the conformity of the toy. Section 4, paragraph 4, sentence 3 and § 6 paragraph 3 shall apply mutatis mutandis for the dealer.

§ 8 circumstances, under which the obligations of the manufacturer for importers and distributors an importer or retailer apply for the purposes of this Regulation as a manufacturer and is subject to the obligations for manufacturers in accordance with §§ 3 and 4, if he brings a toy under his own name or his own brand on the market or already on the market containing Toy as changed , that the compliance with the applicable requirements may be affected.

§ 9 identification of economic operators economic operators shall identify the market surveillance authorities at their request she obtained those economic actors, 1 of which a toy and she a toy have submitted 2 to the.
The manufacturer must provide the information over a period of ten years from the placing on the market referred to in sentence 1. The other economic agents must keep the information referred to in sentence 1 over a period of ten years after the purchase of the toy.

§ 10 essential safety requirements (1) toy may be provided only on the market, if it meets the General safety requirements referred to in paragraph 2 and the special safety requirements referred to in annex II of the directive 2009/48/EC. Paragraph 3 shall remain unaffected.
(2) toys, including chemical substances contained therein, must not jeopardise the safety or health of users or third parties intended or foreseeable use and taking into account the behaviour of children. The ability of the users and if necessary they supervising are taken into account which is intended for use by children aged less than 36 months or by other just certain ages children in particular in such toys. The labels attached to the toys in accordance with article 11, paragraph 2, as well as the instructions for use must warn supervising on the dangers and risks that are related to the use of the toy, as well as on the ways to avoid it, the user or the.
(3) toy, which was produced using the substances, lead, antimony, arsenic, barium and mercury must be ready only on the market, if as a result of dealing with toys, following daily at most levels of these substances are biologically available: 1 0.7 µg lead, 2. 0.2 µg antimony, 3 0.1 µg 4 25.0 µg barium, arsenic, 5 0.5 µg mercury.
Under bio-availability of the substances listed in sentence 1, the soluble extract is to understand, that is of toxicological importance. For N-nitrosamines and N-nitrosamines actionable substances in toys made of natural and synthetic rubber for children up to 36 months, as intended or foreseeable is taken in the mouth, article 5 in conjunction with annex 4 number is 1 letter b of the consumer goods Ordinance as amended by the notice of 23 December 1997 (BGBl. 1998 I p. 5), most recently by article 1 of the Decree of February 7, 2011 (BGBl. I p. 226) is changed. Toy that was made contrary to this prohibition must not be available on the market.
(4) toys provided on the market must satisfy the essential safety requirements during its foreseeable and normal period of use.
Footnote section 10, paragraph 2, sentence 3 italics: should really "connected" loud section 11 are warnings (1) if it is for the safe use of the toy is appropriate, to specify appropriate user limitations referred to in annex V, part A to Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys in warnings for the purposes of article 10, paragraph 2. For the categories of toys listed in annex V, part B of to that directive are given warnings to use. The warnings specified in annex V, part B point 2 to 10 are for use with the wording. The toy must not be equipped with one or more of the specific warnings referred to in annex V, part B, if they contradict the intended use of the toy on the basis of its functions, dimensions and characteristics.
(2) the manufacturer warnings has clearly visible, easily legible, understandable and in true form on the toy, a permanently attached label or on the packaging to install and, if necessary, in the enclosed instructions. Small toys that are sold without packaging, the appropriate warning message directly on the toy shall be affixed.
(3) warning notices must begin with the word "Caution".
(4) about the specification of the minimum and maximum ages of for users, as well as the other applicable warnings set out in annex V of to Directive 2009/48/EC shall be indicated on the packaging warnings, which are decisive for the decision to purchase a toy or must be clearly visible in any other form for the consumer prior to purchase. This also applies if the purchase electronically.
(5) warnings and safety instructions are in German language to it.

§ 12 (1) EC declaration of conformity the EC declaration of conformity indicating that compliance with the requirements listed in section 10 of this regulation and annex II of the directive 2009/48/EC has been proven.
(2) the EC declaration of conformity containing at least the elements listed in 1.
Annex III to Directive 2009/48/EC, and 2. the relevant modules of the decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 (ABI. OJ L 218 of the 13.8.2008, p. 82).
She can be kept up to date. The EC declaration of conformity corresponds to the model given in annex III to Directive 2009/48/EC in their construction. She must be in the German language. It is translated into the language or languages which are prescribed by the Member State of the European Union, which brought the toy on the market or it made available on the market.
(3) with the exhibition of the EC declaration of conformity, the manufacturer assumes responsibility for the conformity of the toy.

CE marking (1) on the market provided toys, the CE marking shall apply article 13.
(2) the CE marking is clearly visible and readable, and permanently on the toy, to attach a label attached or the packaging. Small toys and toys consisting of small parts the CE marking can be attached either on a label or a leaflet. This is not technically possible in the sale of toys with goods-carrying racks presentation packaging and originally used as packaging of the toy, the counters presentation packaging information to the presentation packaging it to install. Marking a packaged toy from the outside is not visible, it is so at least on the package to install.
(3) the CE marking must be affixed before the toy on the market. According to the CE marking, a symbol or other character can stand, indicating a special risk or use.

§ 14 safety assessment the manufacturer prior to the placing on the market of a toy perform an analysis of the chemical, physical, mechanical, and electrical hazards and flammability, hygiene and radioactivity hazards that can come from the toy, as well as an assessment of the extent the user would be exposed to these dangers.

§ 15 applicable conformity assessment procedures (1) before the manufacturer provides a toy on the market, he must apply the conformity assessment procedures specified in paragraphs 2 and 3 to demonstrate that the toys meets the requirements of section 10 of this regulation and annex II of the directive 2009/48/EC.
(2) the manufacturer applies the harmonised standards, the reference numbers of which have been published in the official journal of the European Union and covering all relevant safety requirements for the toy, so the manufacturer applies module A to decision No 768/2008/EC the procedures of the internal control of production referred to in annex II.
(3) the toy is the EC type examination in accordance with article 16 in combination with the conformity to type no. 768/2008/EC subject to procedures module C of the decision referred to in annex II, if 1 no harmonised standards exist, the reference numbers of which have been published in the official journal of the European Union, and covering all relevant safety requirements for the toy, 2. that 1 these harmonised standards exist in number , the manufacturer they not or has applied only in part, 3. the harmonized standards referred to in paragraph 1 have been published only with a reservation or an other harmonized standard has been published only with a reservation or 4. the manufacturer of the view is that the nature, design, construction or purpose of the toy require a review by a third party.

Article 16 EC type-examination (1) in the application for the EC type-examination, perform this test and the exhibition of the EC type test certificate is according to the procedures of annex II module B of decision No 768/2008/EC to proceed. The EC type-examination is B, point 2, second indent of decision making no 768/2008/EC in accordance with the requirements of the engine. In addition to these terms and conditions the provisions are paragraphs 2 to 5 apply.
(2) the application for EC type examination must include a description of the toy and the indication of the place of manufacture including address.
(3) a conformity assessment body notified carries out the EC type-examination, so evaluate the analysis conducted by this pursuant to § 14 of the dangers posed by the toys, if necessary, jointly with the manufacturer.
(4) the EC type test certificate contains a reference to the directive 2009/48/EC, a colour image and a clear description of the toy, including its dimensions, and a list of the tests performed with a reference to the relevant test report. The EC type test certificate can be checked at least once every five years. It is to review, in particular changes of the manufacturing process, the raw materials or the components of the toy at any time as needed. The EC type test certificate is to withdraw, if the toy does not meets the requirements of section 10 of this regulation or directive 2009/48/EC annex II. Notified conformity assessment bodies must exhibit no EC examination certificate for toys, for which a certificate has been denied or withdrawn.
(5) the technical documents and the correspondence to the EC type examination procedures be drafted in English or any other language accepted by the notified conformity assessment body.
Technical documentation (1) that technical documentation must in particular the documents listed in annex IV of to Directive 2009/48/EC mentioned in article 3 paragraph 2 article 17 contain, as well as all relevant information on the means by which the manufacturer shall ensure that the toys comply with the requirements of section 10 of this regulation and annex II of that directive.
(2) upon a reasoned request from the market surveillance authority, the manufacturer of the competent market surveillance authority has within a period of 30 days to submit the technical documentation or a translation of the relevant parts of the technical documentation in German. In justified cases, especially if there is a serious and immediate risk, the competent market surveillance authorities may set a shorter period for the submission of the documents referred to in sentence 1.
(3) the manufacturer fails to meet its obligations in accordance with paragraphs 1 and 2, so the competent market surveillance authority by him may require that he carry out a test at its own expense and within a certain period of a conformity assessment body notified, to verify compliance with the harmonised standards and compliance with the essential safety requirements.

§ 18 shall take precautionary principle the competent authorities in this regulation regulated or general market surveillance measures they have so the precautionary principle in duly to take into account.
Footnote 18 italics: should properly "regulated or general market surveillance measures, so" loud § 19 instructions notified conformity assessment bodies (1) the competent market surveillance authorities may require by a conformity assessment body notified, that she should submit information to each issued by you, withdrawn or failed EC type test certificate, including the test reports and technical documentation.
(2) the competent market surveillance authority finds that when a toy is not conformity with the requirements according to § 10 of this regulation and annex II of the directive 2009/48/EC, so she tells, if necessary, the conformity assessment body notified to take back the EC examination certificate for this toy.
(3) the market surveillance authority has the conformity assessment body notified, if necessary, in particular in the cases referred to in article 16, paragraph 4, sentence 2 and 3 to the EC type test certificate to verify.

Article 20 treatment of toys, a risk is connected to (1) are the competent market surveillance authorities in accordance with article 20 of Regulation (EC) no 765 / 2008 of the European Parliament and of the Council of 9 July 2008 on the requirements for accreditation and market surveillance relating to the marketing of products to the repeal of Regulation (EEC) No 339/93 (OJ L 218 of the 13.8.2008, p. 30) acted, or they have reasonable grounds to believe that a toy covered by this regulation threatens the health or safety of humans, they assess whether the relevant toy meets all the requirements laid down in this regulation. The concerned economic operators are obliged to provide the market surveillance authorities, which are required for the risk assessment of the toy of this requested information and documents available. Get the competent market surveillance authorities to the conclusion that the toy complies with the requirements of this regulation, encourage without delay the relevant economic operator, within a period which the extent of the risk is reasonable, to take appropriate corrective measures to establish the conformity of the toy with these requirements, to take the toy from the market or to recall it. The market surveillance authorities shall notify the corresponding conformity assessment body notified. Article 21 of Regulation (EC) is no 765 / 2008 on the measures mentioned in sentence 3 apply.
(2) the relevant economic operator has to ensure that the corrective action he takes, extend all toys, which he has made available on the market.
(3) provides the relevant economic operator, within the in paragraph 1 3 deadline no reasonable corrective action, meet set him the market surveillance authorities the necessary measures pursuant to article 8 paragraph 4 of the equipment and product safety Act and inform the Commission and the other Member States of the European Union on this.
(4) the report contains all available details according to § 9 paragraph 1 sentence 1 of the equipment and product safety act. It includes in particular 1 data for the identification of the non-compliant toy, 2. the origin of the toy, 3. the way of the nature and duration of the taken claimed non-conformity and risk, 4. measures and 5. the causes of non-compliance, in particular whether this is due to that a) the toy does not meet the requirements laid down in this regulation with regard to the protection of the health of people or b) applied harmonised standards , the reference numbers in the official journal of the European Union have been published, are deficient and 6 the arguments of the economic operator concerned.
Footnote § 20 para 1 sentence 3 italics: Exchange of information would have to properly "competent" loud § 21 if in accordance with article 22 of the regulation of the European Parliament and of the Council of 9 July 2008 on the requirements for accreditation and market surveillance relating to the marketing of products to the repeal of Regulation (EEC) a measure referred to in article 20 paragraph 3 a measure, no 339/93 (OJ L 218 of the 13.8.2008, p. 30) be reported must, so a separate notification pursuant to § 20 paragraph 3 is not required if: 1 is in the message in accordance with § 9 paragraph 2 sentence 3 of the equipment and product safety act is pointed out, that this regulation also requires the notification of the measure, and 2. the documents referred to in section 20, paragraph 4 of the notification according to § 9 paragraph 2 sentence 3 of the equipment and product safety Act are included.
Footnote section 21 No. 1 italic: "equipment and product safety Act, it is pointed out," should really loud section 22 number is 1 letter b of the equipment and product safety Act offences any person in the sense of article 19, paragraph 1, whoever intentionally or negligently contrary to § 4 paragraph 2 sentence 1, also in conjunction with section 6 paragraph 5, sentence 2, an indication not, incorrect, incomplete or not in time.

Article 23 transitional provisions (1) on toy that was brought before July 20, 2011 in the traffic, is not to apply this regulation.
(2) on toy that is brought from the 20th July 2011 and before 20 July 2013 in the transport, of annex II, part II, point 3 of Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys (OJ is by way of derogation from article 10, paragraph 1, this regulation until the end of the 19 July 2013 L 187 of the 16.7.1988, p. 1), amended applicable until July 20, 2011 to apply.

Article 24 entry into force, expiry this regulation enters into force on July 20, 2011. At the same time the regulation concerning the safety of toys by December 21, 1989 (BGBl. I S. 2541), most recently by article 6 paragraph 2 of the Decree of March 6, 2007 (BGBl. I p. 261) is been changed other than force.

Concluding formula the Federal Council has approved.