S.L. 427.40 Art. 9Placing on the market and essential safety requirements.

(1) Only toys complying with the essential safety requirements set out, as far as the general safety requirement is concerned, in sub-regulation (5) and, as far as the particular safety requirements are concerned, in Schedule I and bearing the CE marking shall be placed on the local or Community market.

(2) Toys placed on the market shall comply with the essential safety requirements during their foreseeable and normal period of use.

(3) The making available on the market of toys complying with these regulations shall not be restricted. Toys bearing the CE marking shall be presumed to comply with these regulations.

(4) Toys not bearing the CE marking or which do not otherwise comply with these regulations may be displayed at trade fairs and exhibitions, provided that they are accompanied by a sign which clearly indicates that they do not comply with these regulations and that they will not be made available on the local or Community market before being brought into conformity.

(5) Toys, including the chemicals they contain, shall not jeopardise the safety of health of users or third parties when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.

(6) The ability of users and, where appropriate, their supervisors shall be taken into account, in particular, in the case of toys which are intended for use by children under thirty-six months or by other specified age groups.

(7) Labels affixed in accordance with regulation 10(4) to (6) and instructions for use which accompany toys shall draw the attention of users or their supervisors to the inherent hazards and risks of harm involved in using the toys, and to the ways of avoiding such hazards and risks.