RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of February 28, 2018 No. 151

About approval of the Technical regulation of safety of toys

According to article 5 of the Law of Ukraine "About technical regulations and assessment of conformity" the Cabinet of Ministers of Ukraine decides:

1. Approve the Technical regulation of safety of toys which is attached.

2. Determine that provision in the market of toys which conform to requirements of the Technical regulation of safety of toys approved by the resolution of the Cabinet of Ministers of Ukraine of July 11, 2013 No. 515 (The Official Bulletin of Ukraine, 2013, No. 61, of the Art. 2192) and introduced into circulation about day of entry into force of this resolution, cannot be forbidden or limited for the reasons of discrepancy of toys to requirements of the Technical regulation approved by this resolution.

3. In Item 41 of the list of types of products by which bodies of the state market supervision exercise the state market supervision, the Cabinet of Ministers of Ukraine approved by the resolution of December 28, 2016 No. 1069 (The Official Bulletin of Ukraine, 2017, No. 50, of the Art. 1550) in the column "The Name of the Regulatory Legal Act Which Action Extends to the Corresponding Type of Products" of the word and figures "the resolution of the Cabinet of Ministers of Ukraine of July 11, 2013 No. 515 "About approval of the Technical regulation of safety of toys" shall be replaced with words also in figures "the resolution of the Cabinet of Ministers of Ukraine of February 28, 2018 No. 151 "About approval of the Technical regulation of safety of toys".

4. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of July 11, 2013 No. 515 "About approval of the Technical regulation of safety of toys" (The Official Bulletin of Ukraine, 2013, No. 61, the Art. 2192).

5. Provide to the Ministry of economic development and trade implementation of the Technical regulation approved by this resolution.

6. This resolution becomes effective in six months from the date of its publication.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of February 28, 2018 , No. 151

Technical regulation of safety of toys

General part

1. This Technical regulation establishes requirements to safety of toys and their address in the territory of Ukraine.

The technical regulation is developed on the basis of the Directive 2009/48/EU of the European Parliament and Council of June 18, 2009 about safety of toys.

2. Action of this Technical regulation extends to products which are developed or held for use in game children aged up to 14 years (further - toys).

Products which list is given in appendix 1, are not considered toys according to this Technical regulation.

3. Action of this Technical regulation does not extend on:

the equipment for playgrounds intended for public use;

the gaming machines intended for public use irrespective of, they are put in action by means of coins or not;

the toy vehicles equipped with internal combustion engines;

toys with steam engines;

slings and catapults.

4. In this Technical regulation terms are used in such value:

issuance - representation of toy in the market of Ukraine for the first time;

retirement - the action directed to prevention of provision in the market of Ukraine of toy which is in products supply chain;

the producer - any physical person or legal entity (the resident or the nonresident of Ukraine) which makes toy or charges its development or production and realizes toy under the name or trademark;

response - the action aimed at providing return of toy which is already provided to the consumer;

the harmonized European standard - the standard accepted by one of the European standardization organizations on the basis of request of the European Commission and number and which name are published in the Official Bulletin of the European Union;

game for development of flavoring perception - toy which purpose is provision to children of opportunity to prepare sweets or dishes and which provides use of such food ingredients as sweeteners, liquids, powder substances and fragrances;

mark of conformity to technical regulations - marking by means of which the producer specifies that the toy conforms to the requirements to it determined in technical regulations which provide drawing such marking;

toy for game on water - toy, held for use in shallow water which can move or support the child on water;

the toy for activity stimulation - toy for use in house conditions which bearing design remains motionless during execution of certain actions and is intended for accomplishment by the child any of such actions as to lasagna, jumping, swing, sjezzhaniye, swing, spinning, crawling, or any their combination;

the importer - any physical or legal resident person of Ukraine who introduces into market circulation of Ukraine toy from other country;

cosmetic set - toy which purpose is training of the child to make such products as fragrant substances, soaps, creams, shampoos, bath foams, gloss, lipsticks, other decorative cosmetics, toothpaste and conditioners;

provision in the market - any paid or free delivery of toy for distribution, consumption or use in the market of Ukraine in the course of implementation of economic activity;

board game for development of organs of smell - toy which purpose is training in the child to distinguish different smells or aromas;

conformity assessment body - the company, organization, the organization or their structural division performing activities for assessment of conformity including calibration, testing, certification and inspection;

assessment of conformity - process of the proof that certain requirements which concern toy are executed;

held for use - the term which means that parents or persons who look after children are reasonably capable to assume, considering functions, the sizes and characteristics of toy that it is held for use children of the specified age group;

design speed - the representative potential working speed determined by the project of toy;

risk - probable indicator of emergence of danger of damnification and severity of such harm;

the distributor - physical person or legal entity in products supply chain, except the producer or the importer which provides toy in the market of Ukraine;

subjects of managing - the producer, the authorized representative, the importer and the distributor;

the authorized representative - any physical person or legal entity - resident of Ukraine, according to the written order of the producer acts from his name concerning certain tasks;

functional toy - toy which works and is used by the same method, as product, the device or installation, held for use adults and which can be the reduced model of such product, the device or installation;

functional product - product which works and is used by the same method, as product, the device or installation, held for use adults and which can be the reduced model of such product, the device or installation;

the chemical toy - toy which is intended for the direct treatment of chemicals and mixes and is used by method which is corresponding for specific age group, and under supervision of adults;

harm - bodily harm or other damage of health, including long-term effects for health.

Other terms are used in the value given in the Laws of Ukraine "About standardization", "About consumer protection", "About technical regulations and assessment of conformity", "About general safety of non-food products".

Obligations of subjects of managing

Obligations of producers

5. Producers during introduction of toy in turnover shall provide that the toy was developed and made according to the essential requirements to safety determined in Items 33-35 of this Technical regulation and appendix 2.

6. Producers shall constitute necessary technical documentation according to Items 59-61 of this Technical regulation and carry out the corresponding assessment procedure of compliance according to Items 51-53 of this Technical regulation.

If toy compliance to requirements which were applied to it it is proved as a result of carrying out the specified assessment procedure of compliance, producers constitute the declaration of conformity according to Items 41-43 of this Technical regulation and put mark of conformity to technical regulations according to Item 48 of this Technical regulation.

7. Producers store technical documentation and the declaration of conformity within 10 years after introduction of toy in turnover.

8. Producers provide application of the procedures necessary for ensuring compliance of serial production to requirements of this Technical regulation taking into account changes in design or characteristics of toy and changes in national standards by the reference to which toy compliance is declared.

If it will be acknowledged reasonable concerning risks which are represented by toy, producers shall carry out testing of samples of toy which is introduced into circulation for the purpose of protection of health and safety of consumers, to consider addresses of consumers and to record in case of need such addresses, toys which are not meeting the requirements and withdrawals of toy, and also to inform customers on results of such monitoring.

9. Producers provide that on toys which they introduced into circulation designation of type, batch number, serial number or model or other element was put that allows to identify them and in case the size or nature of toy does not give the chance to execute drawing the corresponding designation, necessary information is specified on its packaging or in the document accompanying such toy.

10. Producers specify on toy the name, the registered commercial name or registered trademark (sign for goods and services) and the contact postal address and in case it is not possible, - on its packaging or in the document accompanying toy.

In the address one place in which it is possible to contact the producer shall be specified.

11. Producers provide maintenance of toy with instructions and information on safety according to requirements of the law on procedure for application of languages.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info