Safety of Toys (Amendment) Regulations, 2010

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,586, 30 ta’ April, 2010

L.N. 244 of 2010

PRODUCT SAFETY ACT

(CAP. 427)

Safety of Toys (Amendment) Regulations, 2010

IN exercise of the powers conferred by article 38 of the

Product Safety Act, the Prime Minister, on the advice of the Malta

Standards Authority, has made the following regulations:-

(1) The title of these regulations is the Safety of Toys

(Amendment) Regulations, 2010, and they shall be read and

construed as one with the Safety of Toys Regulations, 2002,

hereinafter referred to as “the principal regulations”.

(2)

These regulations transpose Directive 2008/112/

EC .

(3) These regulations shall enter into force as follows

a) regulation 2 shall come into force on the 1st

June, 2010; and,

b) regulations 3 and 4 shall come into force on the

1st December, 2010.

In the principal regulations, for the word “preparation”

or “preparations” wherever they occur there shall be substituted the

words “mixture” or “mixtures” respectively.

In Part II of Schedule II to the principal regulations

(a) for section 2, paragraph (b) thereof, there shall be

substituted the following

OJ L.345, 23-12-2008, p.68. Directive 2008/112/EC of the European Parliament and of the

Council of 16 December 2008 amending Council Directives 76/768/EEC, 88/378/EEC, 1999/13/

EC and Directives 2000/53/EC, 2002/96/EC and 2004/42/EC of the European Parliament and of the

Council in order to adapt them to Regulation (EC) No 1272/2008 on classification, labelling and

packaging of substances and mixtures.

“(b) Toys must not contain, as such, substances or

mixtures which may become flammable due to the loss

of non-flammable volatile components if, for reasons

essential to their functioning, in particular materials and

equipment for chemistry experiments, model assembly,

plastic or ceramic moulding, enamelling, photography

or similar activities, such toys contain mixtures which

are dangerous as defined in the Dangerous Substances

Regulations, 2008, or substances fulfilling the criteria

for any of the following hazard classes or categories set

out in Annex I to Regulation (EC) No 1272/2008 2

(i) Hazard classes 2.1 to 2.4, 2.6 and 2.7,

2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories

1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;

(ii) Hazard classes 3.1 to 3.6, 3.7 adverse

effects on sexual function and fertility or on

development, 3.8 effects other than narcotic effects,

3.9 and 3.10;

(ii)

Hazard class 4.1;

(iii)

Hazard class 5.1

Provided that as from the 1st June, 2015, the words

“which are dangerous as defined in the Dangerous Substances

Regulations, 2008,” shall be deleted.”; and,

(b) For the first paragraph of point 3 in section 3

thereof, there shall be substituted the following

“3. Toys must not contain mixtures which are

dangerous within the meaning of the Dangerous Substances

and Preparations Regulations, 2007, or substances fulfilling

the criteria for any of the following hazard classes or

categories set out in Annex I to Regulation (EC) No

1272/2008

(i) Hazard classes 2.1 to 2.4, 2.6 and 2.7,

2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories 1 and

2, 2.14 categories 1 and 2, 2.15 types A to F;

OJ L.353, 31-12-2008, p.1. Regulation (EC) No. 1272/2008 of the European Parliament and

of the Council of 16 December 2008 on classification, labeling and packaging of substances and

(ii) Hazard classes 3.1 to 3.6, 3.7 adverse effects

on sexual function and fertility or on development, 3.8

effects other than narcotic effects, 3.9 and 3.10;

(iii) Hazard class 4.1;

(iv) Hazard class 5.1,

in amounts which may harm the health of children using them.

In any event it is strictly forbidden to include, in a toy, such

substances or mixtures if they are intended to be used as such while

the toy is being used

Provided that as from the 1st June, 2015, the words

“which are dangerous within the meaning of the Dangerous

Substances and Preparations Regulations, 2007,” shall be deleted.”

For the title and paragraph (a) of section 4 in Schedule

IV to the principal regulations, there shall be substituted the

following

“4. Toys containing inherently dangerous substances

or mixtures. Chemical toys

(a) Without prejudice to the application of the

provisions laid down in Regulation (EC) No 1272/2008,

the instructions for use of toys containing mixtures

which are inherently dangerous or substances fulfilling

the criteria for any of the following hazard classes or

categories set out in Annex I to Regulation (EC) No

1272/2008

(i) Hazard classes 2.1 to 2.4, 2.6 and 2.7,

2.8 types A and B, 2.9, 2.10, 2.12, 2.13 categories

1 and 2, 2.14 categories 1 and 2, 2.15 types A to F;

(ii) Hazard classes 3.1 to 3.6, 3.7 adverse

effects on sexual function and fertility or on

development, 3.8 effects other than narcotic effects,

3.9 and 3.10;

(iii) Hazard class 4.1;

(iv) Hazard class 5.1,

shall bear a warning of the hazardous nature of these substances

or mixtures and an indication of the precautions to be taken by the

user in order to avoid hazards associated with them, which shall be

specified concisely according to the type of the toy. The first aid to

be given in the event of serious accidents resulting from the use of

this type of toy shall also be mentioned. It shall also be stated that

the toys must be kept out of reach of very young children

Provided that as from the 1st June, 2015, the words

“which are inherently dangerous” shall be deleted.”.

€0.19