Under the Toys and Children's Products Safety Ordinance (Opens a new window) , a toy or children’s product manufactured, imported or supplied for local consumption must comply with the general safety requirement and each additional safety standard. A toy is regarded as complying with the general safety requirement if that toy complies with all the applicable requirements contained in one of the three sets of toy standards as list in Schedule 1 to the Ordinance.
A children’s product is a product or material that :
falls within a class of products set out in column 1 of Schedule 2 (“Schedule 2 product”) and its packaging; or
is neither a toy nor a Schedule 2 product and is intended to facilitate the feeding, hygiene, relaxation, sleep, sucking or teething of a child under 4 years of age and containing any plasticized material (“other children’s product”).
The 12 specified Schedule 2 products are regarded as complying with the general safety requirement if that Schedule 2 products comply with all the applicable requirements contained in any one of the corresponding Schedule 2 product standards listed in Schedule 2 to the Ordinance.
The total weight of the Class 1 phthalates1 in a toy or children’s product intended to facilitate the feeding, hygiene, relaxation, sleep, sucking or teething of a child under 4 years of age and containing any plasticized material must not exceed 0.1% of the total weight of the plasticized materials in that toy or children’s product.
If a toy, a children’s product intended to facilitate the feeding, hygiene, relaxation, sleep, sucking or teething of a child under 4 years of age and containing any plasticized material or its part(s) can be placed into the mouth of a child under 4 years of age, the total weight of the Class 2 phthalates2 in the toy, children’s product or such part(s) must not exceed 0.1% of the total weight of the plasticized materials in that toy, children’s product or such part(s).
Identification markings and Bilingual warnings or cautions
The identification markings and bilingual warnings or cautions must be legibly marked in a conspicuous position on a toy or children’s product, its packaging, a label securely affixed to it or its packaging, or a document enclosed in its packaging :
Identification markingsThe information including the full name, trade mark or other identification mark and the local address of the manufacturer, importer or supplier of a toy or children's product must be legibly marked in either Chinese or English language or in both languages; and
Bilingual warnings or cautionsAny warning or caution with respect to the safe keeping, use, consumption or disposal of a toy or children's product must be given in both English and Chinese languages.
It shall be a defence for a person to show that he has taken all reasonable steps and exercised all due diligence to avoid committing an offence, such as obtaining from the supplier a certificate issued by an approved laboratory showing that samples of the product before being sold have complied with the relevant safety standard or specification.
This Department organizes education-oriented seminars on products safety for traders engaged in the importing, wholesaling and retailing of toys, children's products and consumer goods.
