CE marking remains a critical requirement for children's products entering the UK market, even post-Brexit. Understanding the nuances of CE marking for children's products is essential for manufacturers, importers, and retailers who want to ensure compliance and avoid costly market surveillance actions.
What is CE Marking?
CE marking is a mandatory conformity marking for certain products sold within the UK and European Economic Area (EEA). The letters "CE" stand for "Conformité Européenne" (European Conformity), indicating that the product complies with relevant UK and EU safety, health, and environmental protection requirements.
For children's products, CE marking demonstrates compliance with:
- Toy Safety Regulations
- General Product Safety Regulations
- Electromagnetic Compatibility (EMC) requirements
- Radio Equipment Regulations (for connected toys)
- REACH regulations for chemical safety
Which Children's Products Require CE Marking?
Mandatory CE Marking Categories
- Toys: All products designed or intended for use in play by children under 14 years
- Electronic Toys: Toys with electrical components, including battery-operated items
- Children's Clothing: Certain items like nightwear with specific safety requirements
- Childcare Articles: Products like high chairs, pushchairs, and car seats
- Children's Jewellery: Decorative items intended for children under 14
Products Exempt from CE Marking
Some children's products don't require CE marking, including:
- Books, magazines, and other printed materials
- Sporting equipment intended for adult supervision
- Traditional playground equipment (covered by different standards)
- Collectibles not intended for play
- Food items (covered by food safety regulations instead)
Steps to Achieve CE Marking Compliance
1. Identify Applicable Standards
The first step is determining which harmonised standards apply to your product. For children's products, key standards include:
- EN 71 Series: Safety of toys (multiple parts covering mechanical, flammability, and chemical properties)
- EN 62115: Electric toys safety
- EN 50088: Safety of electric toys - specification
- IEC 62368-1: Audio/video equipment safety (for multimedia toys)
2. Conduct Risk Assessment
A thorough risk assessment must identify all potential hazards associated with your product:
- Physical hazards (sharp edges, small parts, choking risks)
- Chemical hazards (toxic materials, allergens)
- Electrical hazards (for electronic products)
- Age-appropriate risks based on intended user group
3. Product Testing and Evaluation
Testing must be conducted by accredited laboratories following relevant standards:
"Comprehensive testing is not just about compliance—it's about ensuring the safety of the children who will use your products."
Physical and Mechanical Testing
- Drop tests and impact resistance
- Small parts and choking hazard assessment
- Sharp points and edges evaluation
- Tensile strength testing for components
Chemical Testing
- Heavy metals analysis (lead, mercury, cadmium, chromium)
- Migration testing for toxic elements
- Phthalates and plasticiser testing
- Organic compound analysis
Flammability Testing
- Burning rate assessment for textiles and materials
- Flash point testing for liquid components
- Heat resistance evaluation
4. Create Technical Documentation
The technical file must include comprehensive documentation demonstrating compliance:
Essential Documentation
- Product description and intended use
- Design and manufacturing drawings
- Risk assessment documentation
- Test reports from accredited laboratories
- Declaration of Conformity
- User instructions and safety information
Additional Requirements for Electronic Products
- Circuit diagrams and component specifications
- EMC test reports
- Software documentation (for smart toys)
- Radio frequency testing (for connected devices)
5. Draft the Declaration of Conformity
The Declaration of Conformity is a legal document stating that your product meets all applicable requirements. It must include:
- Manufacturer's name, address, and contact details
- Product identification and description
- List of applicable directives and standards
- Authorised representative details (if applicable)
- Date and place of issue
- Signature and title of authorised person
Post-Brexit Considerations for UK Market
UK Conformity Assessed (UKCA) Marking
While CE marking is still accepted in the UK, businesses should be aware of the UKCA marking requirements for future compliance:
- UKCA marking will eventually replace CE marking for the UK market
- Products can currently display both CE and UKCA markings
- Different testing and certification bodies may be required
- Technical documentation may need updating for UK-specific requirements
Northern Ireland Specific Requirements
Products placed on the Northern Ireland market have specific requirements:
- CE marking remains mandatory for the Northern Ireland market
- Additional UK(NI) marking may be required in some cases
- Different authorised representative requirements
Common CE Marking Mistakes to Avoid
Documentation Errors
- Incomplete technical files: Missing critical documentation like risk assessments
- Outdated test reports: Using test reports that don't reflect current product specifications
- Incorrect Declaration of Conformity: Missing required information or incorrect formatting
Marking and Labelling Issues
- Incorrect CE mark dimensions: The mark must be at least 5mm high with specific proportions
- Missing required information: Manufacturer details, batch codes, or safety warnings
- Inappropriate placement: CE marking must be visible and permanent
Testing and Compliance Gaps
- Using non-accredited laboratories: Test reports must come from properly accredited facilities
- Testing wrong product versions: All product variants must be properly assessed
- Ignoring packaging requirements: Packaging must also meet relevant safety standards
Maintaining Ongoing Compliance
Product Changes and Updates
Any significant changes to your product may require reassessment:
- Material changes that could affect safety
- Design modifications affecting age recommendations
- New features or functionality additions
- Manufacturing location changes
Regular Review and Monitoring
- Monitor changes to relevant standards and regulations
- Review customer feedback and safety reports
- Conduct periodic internal compliance audits
- Maintain relationships with testing laboratories
Market Surveillance and Enforcement
What to Expect from Authorities
UK market surveillance authorities regularly check CE marked products for compliance:
- Random market sampling and testing
- Documentation reviews and audits
- Consumer complaint investigations
- Targeted campaigns focusing on high-risk products
Consequences of Non-Compliance
- Product withdrawal from the market
- Financial penalties and prosecution
- Reputational damage to your brand
- Costly product recalls and customer notifications
Getting Professional Support
Given the complexity of CE marking requirements, many businesses benefit from professional guidance. At Twilight Capital, we provide comprehensive CE marking support including:
- Standards identification and gap analysis
- Coordination with accredited testing laboratories
- Technical file preparation and review
- Declaration of Conformity drafting
- Ongoing compliance monitoring and updates
CE marking for children's products requires careful attention to detail and thorough understanding of applicable requirements. While the process can be complex, proper compliance protects both children's safety and your business interests. Starting early and seeking professional guidance when needed can help ensure smooth market entry and ongoing success.