SAFETY WARNING

Article 12 of Royal Decree 1205/2011, of August 26, on the safety of toys.

Warnings.

  1. Where appropriate, for safe use, the warnings given for the purposes of Article 11.2 shall specify the appropriate restrictions relating to the user, in accordance with Annex V, Part A. For the categories of toys listed in the Annex V, part B, the warnings established in said part will be used. The warnings established in points 2 to 5 of annex V, part B, will be used as they are written therein. Toys will not bear any of the specific warnings referred to in section 1 if they are in contradiction with their intended use, determined by virtue of their function, size and characteristics.
  2. The manufacturer shall indicate the warnings in a clearly visible and legible, easily understandable and precise manner on the toy, on an affixed label or on the packaging and, if applicable, in the instructions for use accompanying the toy. Small toys that are sold unpackaged will have the appropriate warnings posted directly on them. Warnings will be preceded by the word "Warning" or "Warnings", as the case may be. The warnings that determine the decision to buy the toy, such as those that specify the minimum and maximum ages of the users, as well as the other applicable warnings established in Annex V, will appear on the packaging intended for the consumer or, if not, they will be clearly visible to the consumer before the purchase, even when the purchase is made "online".
  3. In accordance with article 5.7, warnings and safety instructions will be written at least in Spanish.

ANNEX V

Warnings

Part A

General warnings

The restrictions regarding the user contemplated in article 12.1, will include at least the minimum or maximum age of the users of the toys and, where appropriate, their capacity and their maximum or minimum weight, as well as the need to ensure that they are that the toy is only used under the supervision of adults.

Part B

Specific warnings and indications of precautions to be taken when using some categories of toys

1. Toys not intended for children under thirty-six months.

Toys that may be dangerous for children under 36 months will carry a warning, for example, "Not suitable for children under 36 months", "Not suitable for children under three years" or a warning with the following pictogram:

These warnings shall be accompanied by a brief indication, which may appear in the instructions for use, of the specific hazard for which the precaution is applied.

This point will not apply to toys that, due to their functions, dimensions, characteristics, properties or other obvious elements, are not capable of being used by children under thirty-six months of age.

2. Activity toys.

Activity toys will bear the warning: "For household use only".

Activity toys tied to a crossbar, as well as other activity toys, where appropriate, will be accompanied by instructions for use that highlight the need for periodic checks and reviews of their most important parts (suspensions, restraints , fixings to the ground, etc.) and that specify that, in case of omission of these controls, the toy could present a risk of falling or overturning. Instructions on the correct way to mount them should also be provided, indicating the parts that could be dangerous in case of incorrect mounting. The appropriate surface will be specifically indicated.

3. Functional toys.

Functional toys will bear the warning: "Use under the direct supervision of an adult".

In addition, they will be accompanied by instructions for use that indicate the precautions to be taken by the user, warning that in the event of omission of said precautions, they will expose themselves to the dangers -which must be specified- inherent to the device or product of the that the toy is a scale model or imitation. It will also be indicated that the toy must be kept out of the reach of children under a certain age, an age to be decided by the manufacturer.

4. Chemical toys.

Without prejudice to the application of the provisions established in the applicable Community legislation regarding the classification, packaging and labeling of certain substances or mixtures, the instructions for use of toys containing substances or mixtures that are dangerous by nature will warn of its dangerousness and will indicate the precautions that users must take to avoid the dangers they entail, which must be specified concisely depending on the type of toy. The first aid to be administered in the event of serious accidents that the use of such toys may cause will also be mentioned. It will also be indicated that the toy must be kept out of the reach of children under a certain age, an age to be decided by the manufacturer. In addition to the indications cited in the previous paragraph, chemical toys will display the following warning on their packaging: "Not suitable for children under (*) years of age. Use under the supervision of an adult".

In particular, chemical toys are considered: chemistry games, plastic embedding equipment, mini ceramic, enamelling or photography workshops and similar toys that involve a chemical reaction or a similar alteration of the substance during usage.

5. Children's toy skates, roller skates, inline skates, skateboards, scooters and bicycles.

When these products are sold as toys, they will bear the following warning: "It is advisable to use protective equipment. Do not use in places with traffic".

In addition, the instructions for use will remind that the toy must be used with care, since it requires great skill, to avoid falls or collisions that cause injury to the user or other people. Some indication will also be given on the recommended protective equipment (helmets, gloves, knee pads, elbow pads, etc.).

6. Toys intended for use in water.

Toys intended to be used in water will bear the following warning:

"Use only in water where the child can stand and under the supervision of an adult."

7. Toys in food.

Toys distributed in food or mixed with food will carry the following warning:

"Contains a toy. Adult supervision is recommended."

8. Toys that mimic protective masks and helmets.

Toys that mimic protective masks and helmets will bear the following warning: "This toy does not offer protection."

9. Toys intended to be suspended above a crib, playpen or stroller by means of cords, ropes, elastics or straps.

Toys intended to be suspended above a crib, playpen or stroller for babies by means of cords, ropes, elastics or straps will be accompanied, on the packaging, by the following warning that will be permanently indicated on the toy:

"To avoid possible strangulation damage, this toy should be removed when the child begins to try to get up using his hands and knees."

10. Packaging for olfactory board games, cosmetic kit and taste games.

The packaging for olfactory board games, cosmetic kits and taste games containing the fragrances referred to in points 41 to 55 of the list contained in annex II, part III, point 11, first paragraph, and of the fragrances referred to in points 1 to 11 of the list that appears in the third paragraph of that point will bear the following warning:

"Contains fragrances that can cause allergies."

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