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The Office for Product Safety and Standards has launched a call for evidence on UK toy safety which closes on 6 October 2026.

 

Background

At the point the UK left the EU, the requirements of Directive 2009/48/EC were grandfathered into UK Regulation to form the Toys (Safety) Regulations 2011. The EU Withdrawal Act 2018 preserved the 2011 Regulations and enabled them to be amended so as to continue to function effectively once the UK left the EU.

In 2023, the EU proposed the new Toy Safety Regulation (EU) 2025/2509 and this came into force from 1 January 2026 with various staggered stages to be fully applied from 1 August 2030.

One of the most significant changes within the new EU Regulation is the replacement of the existing Directive 2009/48/EC with Regulation. This change ensures that the regulations are directly applicable across all EU member states, without the need for national legislation to adopt them, enabling conformity and minimising discrepancies in application due to selective national implementation. 

Under the terms of the Windsor Framework the new regulation apply in Northern Ireland. 

To read more about the changes introduced in the EU in the Toy Regulation click here. 

OPSS - Call for Evidence

The UK Government is considering the EU’s reforms and any issues associated with the continued recognition of the new EU product requirements for toys, and the implementation of a similar approach in GB market. 


The consultation is being conducted using powers under the Product Regulation and Metrology Act 2025 (PRAM). OPSS have stated they are keen to hear views on how the following will impact businesses: 

  • Stricter requirements for chemical substances
  • The use of digital product passports for toys 
  • The regulation of toys which are internet connected, and toys which use AI

Read more about the consultation here. 

Consultation Questions

 

Question 1 – CE Marking Recognition

Question 1: What factors should be considered if the UK were to continue its recognition of new EU product requirements for toys, including the CE marking?

  • What practicalities or wider issues might continued recognition of EU product requirements for toys involve? 
  • What practicalities (including additional costs or cost savings, or administrative activities) might this involve for the economic operators and traders? 
  • Overall, would you be in favour of continued recognition of the EU’s toys requirements? 
  • What would you see as the benefits of this approach? 
  • What would be the result if we were not to continue recognising EU product requirements in the new  EU Toy Safety Regulation 2025/2509 for goods placed on the market in GB? 

Question 2 -  EU Toy Safety Regulation 2025/2509 

Question 2: What factors should be considered if the UK Government were to implement the same approach to the EU Toy Safety Regulation 2025/2509 across the whole of the UK?

  • What practicalities or wider issues might these new toy safety measures involve if adopted across the UK? 
  • What practicalities might this involve for economic operators and traders? 
  • What additional costs or cost savings, or additional administrative activities, would be incurred from these changes? 
  • Overall, would you be in favour of legislation to introduce similar measures? 
  • What would you see as the benefits of introducing the same approach? 
  • Would there be an impact on your business operations or any unintended consequences if a similar approach was not introduced across the UK? 
  • How might introducing the same approach in the UK impact on your organisation’s innovation and growth prospects?

Question 3 – Administrative Savings

Question 3: Are there are any opportunities to make administrative savings for business?

  • Administrative costs to business in the UK primarily refers to the expenses incurred in demonstrating compliance with government regulations. This includes business time and money spent on paperwork and reporting. 
  • What opportunities are there to achieve lower administrative burdens or administrative savings?  
  • Are there any other ways that regulation of toys in the UK could be improved to reduce the burden of regulation on businesses?

Next Steps

Join the BRC discussion on the call for evidence to determine BRC stance and help form our consultation response. 

Date TBC - w/c 8th September