Crafters & Home Made Products Aberdeenshire Council Trading Standards Toy Safety A toy is anything that is intended to be used in play by a child under the age of 14. Soft toys such as teddy bears etc are always deemed to be a toy suitable for children under 36 months. All toys must be safe, comply with the Toys (Safety) Regulations, be CE marked and be marked with the manufacturers name and address. A manufacturer must ensure they have carried out an analysis of the toy and any hazards it may present and must reduce any risk to a minimum to ensure it complies with safety requirements. Records of raw materials from suppliers should be kept a long with records of tests on the toy. Toys must: Be strong enough for normal use Not break or distort as to cause injury Have no edges, protrusions, cables or fastenings that cause injury If intended for children under 36 months must not have detachable parts which are able to be swallowed or inhaled. Not be made from materials that burn if exposed to a flame or not be readily flammable or burn slowly if they do ignite. Be clean and hygienic Not have packaging that risks strangulation or asphyxiation Toys that are not suitable for children under 36 months must be labelled “Not suitable for children under 36 months” with a brief indication of the hazard. A warning cannot be used if the toy is obviously intended for children under 36 months. Truncated cylinders which reproduce the size of a small child’s throat can be purchased inexpensively. If any part or detachable part fits wholly inside the cylinder it is unsafe for a child under 36 months. Child Appealing Products Even if a product is not a toy but is intended or likely to be attractive to children it must be safe – the above principles of the Toys (Safety) Regulations will also generally apply to such products. 1 Food Imitations Children can be vulnerable to products which resemble food. Non food products which would fit in to a truncated cylinder or could be bitten in to by a child should not have the smell, texture and appearance of food or drink. Baby Products A high standard of safety is required for all products intended to be used by babies. Accessories such as hair bows and headbands must not have detachable parts that could create a choking hazard. Soothers (dummies) must not have any sharp edges or removable parts, have a shield with at least 2 ventilation holes allowing a 4mm diameter rod to pass through and must have no added decoration. Soother holders (intended to attach dummies to clothing etc) should not become detached, have no sharp edges or small parts (safety pins are not permitted), have no adhesive decals and have a maximum width of 6mm and length of 220mm. Children’s Clothing Children’s clothing must not have drawstrings or cords around the head or neck area which may create a strangulation risk. Children’s nightwear (except pyjamas, baby garments and terry towelling bath robes) must comply with the low flammability requirements of BS5722 General Product Safety All products must be safe and any risks involved should be minimal commensurate with the products intended and foreseeable use. Instructions and warning information should be provided where this is necessary for the safe use of the product. Copyright & Trademarks A person producing a distinctive name, design, art or literary work will generally hold the copyright on the work and this must not be reproduced without the consent of the copyright holder. Some words, marks and images are also registered as trade marks with the Intellectual Property Office. Using somebody else’s registered trade mark to make a new product or selling a product that bears a copy of a registered trade mark (a counterfeit product) is prohibited. Most popular brand names are registered trade marks and these should not be used without the written consent of the trade mark holder. Registered trade marks can be checked at www.ipo.gov.uk Product Descriptions Any description that is applied to a product must be correct and not misleading in any way. For example if you describe products as “Home Made” they must not have been manufactured in a factory or mass produced but made in a persons home. Similarly a product described as “Hand Made” must have been made individually by a person and not on a production line. Descriptions such as “Locally Made” or “Made in Scotland” must also be true. 2 Pricing Any product that is for sale must be clearly price marked either on the product itself, a shelf edge or a price list or brochure– the customer should not have to ask the price of the product. Sale prices must be genuine and the higher price should generally have applied for a period of 28 days and be the last price it was sold at. Business Names Receipts and other business documentation such as invoices etc must contain your true business name (not just your trading name) and if you are a sole trader this will be your personal name. An address where customers can contact your business must also be stated. Restrictive Statements A restrictive statement is a written or verbal statement that restricts (or has the impression of restricting) consumers rights. Such statements must not be made. Examples of restrictive statements include No Refunds, Refunds With Receipt Only, No Refunds On Sale Goods, Refunds Within 7 Days Only. Hallmarking Goods such as jewellery which are described as gold, silver, palladium or platinum must be hallmarked (with a few exceptions such as very fine jewellery below a certain weight, coins, antiques (prior to 1950) and scrap). A hallmark is an independently applied mark verifying that the metal is what it is claimed to be and that it is of sufficient quality, for example that gold is 9, 18 or 24 carat. Dealers Notice: a Dealers Notice must be prominently displayed in at your shop or stall for the benefit of customers. Hard copies can be purchased from any assay offices or downloaded for free: www.edinburghassayoffice.co.uk Further Advice The above information is provided as a guide to bring some of the issues relating to craft products to your attention but does not detail all of the requirements. It is the responsibility of the manufacturer and retailer to ensure safe and legal products are supplied however the Trading Standards Service is available to offer free advice and further details to any trader based in Aberdeenshire. Contact Details: Trading Standards Gordon House Inverurie AB51 3WA 01467 628323 Trading Standards Maconochie Road Fraserburgh AB43 8TH 01346 587007 [email protected] 3 www.aberdeenshire.gov.uk/tradingstandards 4