The Toys (Safety) Regulations 2011

Non-compliant toys and toys presenting a risk

35.—(1) Paragraph (2) applies if a distributor has reason to believe that a toy which the distributor was intending to make available on the market—

(a) will not comply with the essential safety requirements during its foreseeable and normal period of use; and

(b) presents a risk.

(2) The distributor must inform the following of the risk presented by the toy—

(a) the importer (if there is one);

(b) the manufacturer (if there is no importer); and

(c) the relevant enforcement authority.

(3) A distributor who has made a toy available on the market and has reason to believe that any provision of these Regulations has not been complied with in relation to the toy must immediately—

(a) take the corrective measures which are necessary to ensure that the provision is complied with in relation to the toy, or withdraw or recall the toy, if appropriate; and

(b) where the toy presents a risk, provide the relevant enforcement authority with information about the following matters.

(4) The matters are—

(a) the risk presented by the toy;

(b) the non-compliance in question; and

(c) any corrective measures taken in relation to the toy in accordance with paragraph (3)(a).

(5) An enforcement authority may request a distributor who has made a toy available on the market to cooperate with it in relation to any action taken or to be taken to eliminate any risk posed by the toy.

(6) The request must be accompanied by the reasons for making the request.

(7) The distributor must comply with the request.