Statutory Instruments
2026 No. 986
CONSUMER PROTECTION
The Toys (Safety) (Permitted Uses for Cobalt) (England and Wales and Scotland) Regulations 2026
Made
7th September 2026
Laid before Parliament
8th September 2026
Coming into force
8th March 2027
The Secretary of State makes these Regulations in exercise of the powers conferred by regulation 39D(2), regulation 39D(3)(a) to (c) and regulation 39D(4) of the Toys (Safety) Regulations 2011 (“the Toys Regulations”)(1).
In accordance with regulation 39D(3)(a) of the Toys Regulations, the Secretary of State considers there is sufficient scientific evidence to demonstrate that the presence of cobalt in toys and toy components for uses specified in the Schedule to these Regulations is safe for use in toys, particular in view of exposure.
In accordance with regulation 39D(3)(b) of the Toys Regulations, cobalt is not a substance prohibited for use in consumer articles by Regulation (EC) No 1907/2006(2).
In accordance with regulation 39D(3)(c) of the Toys Regulations, the Secretary of State considers there are no suitable alternative substances or mixtures available, as documented in an analysis of alternatives.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Toys (Safety) (Permitted Uses for Cobalt) (England and Wales and Scotland) Regulations 2026 and come into force on 8th March 2027.
(2) These Regulations extend to England and Wales and Scotland.
Amendment to the Toys (Safety) Regulations 2011
2.—(1) The Toys Regulations are amended as follows.
(2) In regulation 3, for the definition of “the Directive” substitute—
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““The Directive” means of the European Parliament and of the Council of 18th June 2009 on the safety of toys”(Directive 2009/48/EC3).
(3) In Schedule 2 (particular safety requirements), at the end of the table in Appendix A (list of CMR substances and their permitted uses in accordance with points 4, 5 and 6 of Part 3), insert the entry set out in the Schedule to these Regulations(4).
Kate Dearden
Minister of State
Department for Business, Innovation, Science and Trade
7th September 2026
Regulation 2(3)
Schedule Amendments to Appendix A
| Cobalt | Carc 1B, Muta 2, Repr 1B |
In toys and toy components made of stainless steel, as an impurity in the nickel contained in the stainless steel. In toy components which are intended to conduct an electric current. In neodymium-based magnets used in toys if those magnets cannot be swallowed or inhaled. |
S.I. 2011/1881. The instrument was made in part under section 2(2) of the European Communities Act (c. 68) and saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018 (c. 16), as that section was amended by section 25(1) of the European Union (Withdrawal) Act 2020 (c. 1). The powers provided for in regulation 39D were inserted by regulation 18 of and paragraphs 1 and 27 of Schedule 15 to S.I. 2019/696 in respect of England and Wales and Scotland. There are other amending instruments that are not relevant to this instrument.
Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH).
OJ No. L 170, 30.6.2009, p. 1, relevant amendments to which were made by Commission Directive (EU) No. 2019/1922, Commission Directive (EU) No. 2019/1929, Commission Directive (EU) No. 2020/2089, Commission Directive (EU) No. 2021/903, Commission Directive (EU) No. 2025/2509 and Commission Directive (EU) No. 2026/192.
CMR are those substances classified under category 1A, 1B or 2 as carcinogenic, mutagenic or toxic for reproduction under Regulation 1272/2008.