Statutory Instruments
2008 No. 1654
Consumer Protection
The Magnetic Toys (Safety) Regulations 2008
Made
24th June 2008
Laid before Parliament
26th June 2008
Coming into force
21st July 2008
The Secretary of State makes the following Regulations in exercise of the powers conferred on him by section 11 of the Consumer Protection Act 1987( 1 ).
In accordance with section 11(5) of that Act he has consulted such organisations as appear to him to be representative of interests substantially affected by the following Regulations, such other persons as he considers appropriate and the Health and Safety Commission.
Citation and commencement I1
1. These Regulations may be cited as the Magnetic Toys (Safety) Regulations 2008 and shall come into force on 21st July 2008.
Interpretation I2
2. In these Regulations—
“accessible to children” means loose or capable of becoming detached from the toy under normal or reasonably foreseeable conditions of use by children, even if originally contained, encapsulated, recessed or collared in the toy;
“BS EN 71-1:2005+A4:2007” means the British Standard for the safety of toys: mechanical and physical properties published by the British Standards Institution on 5th December 2005( 2 );
“EN 71-1:2005” means the European Standard ‘Safety of Toys – Part 1: physical and mechanical properties’ which was approved by the European Committee for Standardisation on 19 September 2005;
“ingestible shape and size” means fitting entirely into the small parts cylinder defined in—
EN 71-1:2005,
BS EN 71-1:2005+A4:2007, or
another standard or specification recognised for use in a Member State which corresponds to EN 71-1:2005;
“magnetic toy” means a toy that contains or consists of one or more magnets or one or more magnetic components that are of ingestible shape and size and are accessible to children;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly;
“toy” means any product or material designed or clearly intended for use in play by children of less than 14 years of age.
Requirement for magnetic toys to be accompanied by a warning I3
3. —(1) No person shall supply a magnetic toy unless it is accompanied by a warning containing either—
(a) the following wording—
“ Warning: This toy contains magnets or magnetic components. Magnets sticking together or becoming attached to a metallic object inside the human body can cause serious or fatal injury. Seek immediate medical help if magnets are swallowed or inhaled. ” ; or
(b) equivalent easily comprehensible wording which clearly conveys the same meaning.
(2) The warning shall appear in a clearly visible and legible manner, conspicuously displayed on the packaging or otherwise attached to the magnetic toy in such a way as to be visible to the consumer at the point of purchase.
Commencement of proceedings I4
4. —(1) In England, Wales and Northern Ireland a magistrates’ court may try an information (in the case of England and Wales) or a complaint (in the case of Northern Ireland) in respect of an offence committed under section 12 of the Consumer Protection Act 1987 in relation to a contravention of these Regulations if (in the case of England and Wales) the information is laid or (in the case of Northern Ireland) the complaint is made within twelve months from the time when the offence is committed.
(2) In Scotland, summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
Gareth Thomas
Parliamentary Under Secretary of State for Trade and Consumer Affairs
Department for Business, Enterprise & Regulatory Reform
24th June 2008
1987 c.43 . Section 11(1) has been amended by S.I. 2005/1803 .
ISBN 9780580595943