What is NOT a toy according to the Toy Safety Directive 2009/48/EC?


The Toy Safety Directive 2009/48/EC does not apply to the following toys:

  • playground equipment intended for public use in playgrounds;
  • automatic playing machines, whether coin operated or not, intended for public use;
  • toy vehicles equipped with combustion engines;
  • toy steam engines, and
  • slings and catapults.

Annex I also contains a list of products that, in particular, are not considered as toys:

  1. Decorative objects for festivities and celebrations.
  2. Products for collectors, provided that the product or its packaging bears a visible and legible indication that it is intended for collectors of 14 years of age and above.
Examples of this category are:
    • Detailed and faithful scale models;
    • Kits for the assembly of detailed scale models;
    • Folk dolls and decorative dolls and other similar articles;
    • Historical replicas of toys, and
    • Reproductions of real fire arms.
  1. Sports equipment, including roller skates, inline skates, and skateboards intended for children with a body weight of more than 20 kg.
  2. Bicycles with a maximum saddle height of more than 435 mm, measured as the vertical distance from the ground to the top of the seat surface, with the seat in a horizontal position and with the seat pillar set to the minimum insertion mark.
  3. Scooters and other means of transport designed for sport or which are intended to be used for travel on public roads or public pathways.
  4. Electrically driven vehicles which are intended to be used for travel on public roads, public pathways, or the pavement thereof.
  5. Aquatic equipment intended to be used in deep water, and swimming learning devices for children, such as swim seats and swimming aids.
  6. Puzzles with more than 500 pieces.
  7. Fireworks, including percussion caps which are not specifically designed for toys.
  8. Guns and pistols using compressed gas, with the exception of water guns and water pistols, and bows for archery over 120 cm long.
  9. Products and games using sharp-pointed missiles, such as sets of darts with metallic points.
  10. Functional educational products, such as electric ovens, irons or other functional products operated at a nominal voltage exceeding 24 volts which are sold exclusively for teaching purposes under adult supervision.
  11. Products intended for use for educational purposes in schools and other pedagogical contexts under the surveillance of an adult instructor, such as science equipment.
  12. Electronic equipment, such as personal computers and game consoles, used to access interactive software and their associated peripherals, unless the electronic equipment or the associated peripherals are specifically designed for and targeted at children and have a play value on their own, such as specially designed personal computers, key boards, joy sticks or steering wheels.
  13. Interactive software, intended for leisure and entertainment, such as computer games, and their storage media, such as CDs.
  14. Babies’ soothers.
  15. Child-appealing luminaires.
  16. Electrical transformers for toys.
  17. Fashion accessories for children which are not for use in play.

Please read our article concerning which products are considered as toys within the scope of the Toy Safety Directive 2009/48/EC.

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