Like all well-developed economies, the European Economic Area (EEA) has product safety legislation to protect consumers. At the EEA end of the supply chain, Kixto has an ethical and legal duty to only ship compliant products.
RPG publishers, well-used to conversing with intricate rules from multiple game systems, needn’t feel intimidated by EEA safety requirements. With an early understanding of the rules and process, compliance can be kept simple. But trying to address non-compliance late, while customers are expecting delivery, can be an expensive nightmare. That’s why we encourage you to talk to us early.
Designing for simple compliance
As an example, take a core rule book. It’s a book that is designed for reading and therefore comes under general product safety regulations. Supposing it’s printed using non-toxic chemicals, it’s a product that is safe in normal or reasonable foreseeable use and your product is good to go.
Next, add an adventure module and a slipcase. Your product is now two books and a box: the safety requirements have not changed.
Now add a bag of dice. As well as introducing general safety considerations such as the size, ventilation and micron thickness of the bag, potentially your products is now subject to the Toy Safety Directive and CE marking. Keeping in mind that most gamers have bucketloads of dice, was this addition essential to the game design or a stretch-goal to regret?
EEA Product Safety
All products supplied to the EEA must be safe and fit for purpose. Some categories of products are covered by specific safety regulations and use CE marking to show conformance. If no specific regulations apply to the product, catch-all general product safety rules apply instead.
When Kixto ships a product, we must satisfy ourselves that it meets the applicable safety regulations. Most commonly for us, those are the General Product Safety Regulations and the Toy Safety Directive.
The Toy Safety Directive
The Toy Safety Directive 2009/48/EC applies to any product designed or intended whether or not exclusively for use in play by children under 14 years of age.
A book (or set of books) that is read is generally not a toy because, although it may be about a game, it is not normally a plaything in itself. Examples of books that are playthings are those for under 3s and, potentially, cloth books, bath books, board books and books that have an interactive element apart from reading (e.g. flaps to lift).
If the game contains items other than reading books, these indicative criteria help form a considered opinion about the product’s age range and, therefore, if it’s subject to the Toy Safety Directive:
- Theme and complexity. Mature themes or complex rule systems can be indicative of products not intended for under 13s.
- Place of selling. Although toys can be crowdfunded, if crowdfunding is your only channel to market then you’re not selling in a location that’s accessible to children.
- Target audience of advertising and packaging. Packaging and advertising that is not designed to be child-appealing can be an indication that the product is not a toy.
A game that is subject to the Toy Safety Directive must be assessed for safety and conformity. The first step in the process is for the manufacturer to assess the various chemical, physical, mechanical, electrical, flammability, hygienic and radioactivity hazards the toy may present. In many games, all the hazards can be addressed by applying “harmonized” standards (EU-wide rules that limit the risk) and, where this is the case, the manufacture can use a self-verification process. The process is documented with a Technical File, an EC Declaration of Conformity and a CE mark on the product itself.
CE-marking needs forethought but isn’t necessarily onerous. For help with self-verification, we suggest you contact Conformance about their Self-Certification Pack for Toys, currently £150 including 2 hours of support.
Further information on manufacturer’s responsibilities is available from gov.uk
Kixto accepts no responsibility or liability whatsoever with regard to the information or advice given here. It is of a general nature only; it is opinion that is not authoritative; it is not intended to address the specific circumstances of any particular individual or entity.
