Regulation 33 Duty to act with due care and prohibitions on making toys available on the marketE1

England, Wales and Scotland

(1)

A distributor must act with due care in relation to the compliance of a toy which the distributor intends to make available on the market with the provisions of these Regulations.

(2)

A distributor must not make a toy available on the market if the distributor has reason to believe that the toy will not comply with the essential safety requirements during its foreseeable and normal period of use.

(3)

A distributor must not make a toy available on the market unless the distributor has—

(a)

verified that the manufacturer has done all of the following things in relation to the toy—

(i)

affixed the F1UK marking in accordance with regulation 18;

(ii)

complied with regulation 19 (information identifying toy and manufacturer); and

(iii)

complied with regulation 20 (instructions for use, safety information and warnings);

(b)

verified that any importer has complied with regulation 27 (information identifying importer) in relation to the toy; and

(c)

complied with regulation 34 (storage or transport of toys) in relation to the toy.

Annotations

Textual amendments

F1: Word in reg. 33(3)(a)(i) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 25 (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only