Law (2011:579) On The Safety Of Toys

Original Language Title: Lag (2011:579) om leksakers säkerhet

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:579

General provisions



The law's content and purpose



section 1 of this Act is to protect children's health and safety

through provisions requiring the toys and how to

be provided.



The scope of the law



section 2 of the Act applies to toys made available on the market

and in the public sector.



The provisions of this law on economic operators also applies

the supplier of toys in public activities.



section 3 of the Government or the authority that the Government may

provide for exceptions from the scope of the law

When it comes to certain toys or certain goods which may

perceived as toys.



Definitions



section 4 of this Act means



1. toy: a product wholly or partially designed or

intended for children under 14 years of age to play with,



2. making available on the market "means any supply of a toy

for distribution, consumption or use on the

Union market in the course of a commercial activity, to

payment or free of charge;



3. the placing on the market ' means the first

time of a toy on the market throughout the Union,



4. "manufacturer" means any natural or legal person who

manufactures a toy or has a product designed or

make a toy, and markets that toy under his name

or trademark;



5. ' authorised representative ' means any natural or legal

person established within the Union who has written

mandate from a manufacturer to act on his behalf in performing

specific tasks,



6. "importer" means any natural or legal person

established in the Union and places a toy from a

third country on the Union market,



7. "distributor" means any natural or legal person in

the supply chain, other than the manufacturer or the importer who

provide a toy on the market,



8. "economic operator" means the manufacturer, the importer, the manufacturer's

Representative and Distributor;



9. "harmonised standard" means a standard which, on the basis of a

request from the European Commission in accordance with article 6

in European Parliament and Council Directive 98/34/EC of 22

June 1998 laying down a procedure for the provision of technical

standards and regulations, adopted by the European

standardisation bodies listed in annex I to the

the directive,



10. Accreditation: the meaning of

European Parliament and Council Regulation (EC) no 765/2008 of the

9 July 2008 setting out the requirements for accreditation and market surveillance

relating to the marketing of products and repealing

Regulation (EEC) No 339/93,



11. "conformity assessment" means the process demonstrating

whether specified requirements relating to a toy,



12. "recall" shall mean any measure aimed at achieving the return of a toy

that has already been made available to the end user,



13. "withdrawal" means any measure aimed at preventing a

toy in the supply chain from being made available on the market,



14. market surveillance "means the activities carried out and

measures taken by the authorities to ensure that

the toys comply with the applicable requirements

set out in the relevant European Union legislation on harmonisation, and

do not endanger health, safety or other aspects of protection

of the public interest, and



15. CE marking "means a marking by which the manufacturer indicates

that the toy is in conformity with the applicable requirements

laid down in the harmonised EU legislation providing

on the labelling.



Takeover and transfer of the manufacturer's obligations



section 5 where an importer or a distributor provides a

toy on the market under his name or trademark

or modifies a toy already placed on the market in

such a way that compliance with the applicable

the requirements may be affected, the importer or the Distributor

the manufacturer's obligations set out in this law.



section 6, a manufacturer may, by a written mandate, appoint a

representative shall perform the tasks specified in the

the power of attorney.



The Government or the authority that the Government may

provide for the requirements of a

Proxy content referred to in the first subparagraph.



Toys



General requirements



7 § Toys may only be made available on the market and in

public activities if they comply with the requirements of 9, 10, 12, 14

and 15 sections and the regulations in connection

to these provisions.



section 8 A toy may be displayed and used at trade shows and

exhibitions even though it does not meet the requirements

provided for in this Act or in the regulations

a court in connection with the Act. However, this applies only

provided that it clearly indicated that the toy does not

comply with the requirements and that it will not

provided within the European Union until it meets the

the requirements.



Safety requirements



§ 9 A toy must not entail any risk of any person's

safety or health when used as intended, or

predictable manner with regard to the child's behavior. At this

the assessment shall take into account the ability of children and, in

where appropriate, those who watch over children to handle

the toy. This is especially true for toys that are intended

for children of a specific age group.



The Government or the authority that the Government may

provide for specific safety requirements for toys.



The safety requirements laid down in the first and second subparagraphs shall be met

throughout the time the toy normally would be expected to

be used.



section 10 a manufacturer shall provide to the toy or toy

packaging and, where appropriate, instructions for use

included with the toy with warnings and explanations about the

built-in dangers and risks which the use of the toy

can trigger and how these can be avoided. Warnings and

information texts, where appropriate, shall include

disclosure of



1. requirements for the minimum or maximum age of the users,



2. requirements on user capabilities;



3. requirements on user's maximum or minimum weight,



4. that the toy should only be used under adult supervision,

as well as the



5. precautions in the use of certain categories

of toys.



The Government or the authority, as the Government determines

Announcing the details of the content of warnings and

Informational texts.



The Government or the authority that the Government may

provide for the placement and design in General

of alerts and information texts.



Presumption of conformity with the safety requirements



section 11 A toy that conforms to a harmonised

default, the European Commission referred to in

Official Journal of the European Union, shall be presumed to be in

comply with the safety requirements laid down in paragraphs 9 and 10 and the

regulations that have been issued in connection with these

provisions to the extent the requirements covered by the standard.



Assessment of conformity



section 12 Before a toy is placed on the market, the manufacturer shall

carry out or have carried out an assessment of whether the toy

comply with the safety requirements laid down in paragraphs 9 and 10 and the

regulations that have been issued in connection with these

provisions. The manufacturer must draw up in connection with the

technical documentation as a basis for the assessment of

conformity.



The Government or the authority that the Government may

provide for the procedure for the assessment of toy

conformity.



Notified bodies



paragraph 13 of the bodies to be notified pursuant to §§ 7-9 teams (2011:791) if

accreditation and technical control to perform the assessment of

conformity of toys by the EC type-examination (notified

body) must be accredited for indication under regulation

(EC) no 765/2008 and the law (2011:791) on accreditation and

technical control.



Such bodies may perform conformity assessment of

toys by the EC type-examination only if the European

the Commission or any Member State of the European Union does not

have notified objections within two weeks of notification

referred to in the first subparagraph has occurred.



The Government or the authority, as the Government determines

Announces rules on such bodies obligations in connection

conformity assessment. Law (2011:797).



EC-declaration of conformity



section 14 If such assessment of conformity referred to in section 12

means the toy meets security requirements, skatillverkaren

draw up an EC declaration of conformity. Manufacturer

responsible therefore for the toy is in compliance with

the security requirements.



The Government or the authority that the Government may

provide for the EC declaration of conformity for

toys.



CE marking



section 15, a manufacturer should provide the toy with CE marking before

It is placed on the market.



Provisions for the CE marking, see Regulation (EC) no

765/2008.



The Government or the authority that the Government may

provide for CE marking of toys.



Documentation



section 16 of the manufacturer shall keep the EC declaration of

conformity and the technical documentation that is

the basis for the assessment of conformity for 10 years from

the toy is placed on the market.



When a market surveillance authority under section 24 or in another

Member State of the European Union requesting it and cite reasons

of their request, the manufacturer shall provide the Agency

the technical documentation or a translation of it.

Documents to be provided within 30 days or, if the

is justified on the grounds of a serious and immediate risk, the

shorter period that the Agency decided.



An importer shall, during the period referred to in the first subparagraph of


a market surveillance authority referred to in the second subparagraph to

demonstrate an EC declaration of conformity and on request see

the authority will have access to the technical

the documentation.



section 17 if the manufacturer has not drawn up the technical

documentation in accordance with section 12 or regulations

in connection with section 12 or do not provide

the technical documentation in accordance with section 16 of the other

subparagraph, a market surveillance authority under section 24, or in

another Member State in the European Union require that

the manufacturer at its own expense allows a body referred to in paragraph 13 of

within a specified time to perform an inspection of the toy

conformity with the safety requirements laid down in paragraphs 9 and 10 and the

regulations that have been issued in connection with these

provisions.



Traceability



section 18 of the Government or the authority, as the Government determines

may provide for the obligations of economic operators in

question about



1. information that you want to accompany the toy and relating to

data



(a)) for the identification of the toy, and



b) if the manufacturer or importer, and



2. documentation necessary for tracing the origin of

toys which they supply or have supplied.



Damage prevention and cooperation



section 19 of The manufacturers shall ensure that procedures are

ensures that all manufactured toys comply with

the safety requirements laid down in paragraphs 9 and 10 and the regulations that have

in connection with these rules. An importer

and a distributor shall ensure that, while responsible for a

Toy, ensure that there are procedures for the storage and

transport to ensure that the toy is continuing to

comply with the safety requirements laid down in paragraphs 9 and 10 and the

regulations that have been issued in connection with these

provisions.



A manufacturer or importer shall conduct a

loss prevention in order to ascertain the

injury risks of toys which they have made available.



The Government or the authority that the Government may

provide for manufacturers ' and importers '

obligations referred to in the second subparagraph.



section 20 of an importer who intends to supply a toy,

inform the manufacturer and the authority or authorities referred to

in section 24, if there is reason to believe that the toy is a

such a risk as referred to in section 9.



The first paragraph also applies to a distributor who intends to

provide a toy. He shall also, where applicable,

inform the importer who has supplied the toy.



Obligations for non-conformity of production



section 21 of a manufacturer or an importer has reason to

assume that a toy which they have made available not

complies with the requirements provided for in this Act or in

the provisions adopted in connection with the law, shall immediately

take the necessary steps to get the toy to

comply with the requirements or, if appropriate, withdraw

or withdraw the toy from the market.



A withdrawal or a withdrawal of the toy should be

the content specified in §§ 15-18 product safety act

(2004:451); what it says about the recall from Distributor

However, should instead refer to withdrawal pursuant to this law.



section 22 a distributor who has reason to believe that a toy

He has provided is not consistent with the requirements

provided for in this Act or in the regulations announced in

connection to the law, to make sure that the manufacturer

or importer shall fulfil the obligations imposed on it by section 21. A

the distributor shall, at the request of a market surveillance authority

immediately take the necessary measures to withdraw

or withdraw the toy from the market.



section 23 of an economic operator has reason to believe that a

Toy which they have made available constitutes a risk that

referred to in section 9 shall immediately inform the competent

market surveillance authorities in the Member States of the European

Union where the operator has provided the toy. The operator shall

notification shall provide detailed information on the risk and

of the action taken.



Market control



Market surveillance authorities



24 § Market control must be exercised by the authorities

as the Government determines. Provisions on market surveillance

see articles 15 to 29 of Regulation (EC) no 765/2008.



The help of the police authority



section 25 at the request of a market surveillance authority shall

The police provide the necessary assistance when the authority

take measures in accordance with article 19 of Regulation (EC) no

765/2008 on



1. the particular circumstances give reason to suspect that

the operation cannot be carried out without a police man's special

powers under section 10 of the law on police (1984:387)

used, or



2. There are serious reasons.

Law (2014:658).



Obligations for notified bodies



section 26 at the request of a market surveillance authority to such a

bodies referred to in paragraph 13 of



1. Please provide information on the EC type-examination certificates issued, revoked

or the road rats,



2. provide examination reports and technical

documentation,



3. withdraw the EC type-examination certificate for toys that do not

comply with the safety requirements, and



4. make a revision of the EC type-examination certificate if the Authority considers

that it is necessary.



Injunctions and prohibitions



section 27 A market surveillance authority may notify the injunctions

and a ban is needed in a particular case, to this Act and

regulations that have been issued in connection with the Act, the

be complied with.



section 28 of the injunction or prohibition under section 27 or a

decision on action in accordance with article 19 of Regulation (EC) no

765/2008 shall be combined with a penalty, unless for special reasons

is unnecessary.



Immediate enforceability



section 29 A market surveillance authority may determine that its decision

According to section 27 and in accordance with article 19 of Regulation (EC) no

765/2008 shall apply immediately.



Financial compensation



section 30 of the Government or the authority, as the Government determines

may provide that an economic operator shall



1. replace the market surveillance authority for the cost of

the sampling and examination of samples, if the toy at the

control does not meet the safety requirements of toys under 9

and 10 sections and the regulations in connection

to these provisions, and



2. obtaining compensation from the market surveillance authority for

product samples and the like, if there are special reasons for it.



Professional secrecy



section 31 of The who has taken the post with a dossier that apply

market surveillance under this law may not improperly disclose

or take advantage of what they have been told if anyone's business or

operating conditions.



In the public activities should apply and

secrecy (2009:400) instead of the first paragraph.



Penalty



32 § an economic operator shall be required to pay a

fine, if the economic operator or anyone who

acting on behalf of the economic operator's intentionally or

negligence has breached the 7, 8, paragraph 16, 19, 20,

section 21, 22 or 23, or against regulations given in

connection to 18 or 19.



Penalty shall not be imposed on someone for a violation of

a ban or a failure to comply with an injunction

who have come together with a penalty.



Otherwise, in terms of penalty, paragraph 37, and

39 – 43 § § the product safety Act (2004:451).



Appeal



33 § A market surveillance authority's decision under section 27 may

be appealed to the administrative court. Other decisions according to

This law of a market surveillance authority may not be appealed.



Leave to appeal is required in case of appeal to the administrative law.



Transitional provisions



2011:579



1. this law shall enter into force on 20 July 2011, when the Act

(1992:1327) on the safety of toys should be repealed.



2. The repealed law continues to apply in the case of toys

placed on the market before entry into force.



3. Injunctions and prohibitions has been granted in accordance with the

repealed the law shall still apply.