The Toys (Safety) Regulations 2011

Non-compliant toys and toys presenting a risk

This section has no associated Explanatory Memorandum

30.—(1) Paragraph (2) applies if an importer has reason to believe that a toy which the importer was intending to place 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 importer must inform the manufacturer and the relevant enforcement authority of the risk presented by the toy.

(3) An importer who has placed a toy 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 accordance with paragraph (1)(a).

(5) An enforcement authority may request an importer who has placed a toy 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 importer must comply with the request.