UKCA/CE labels on made in China products

[Anar Bibi Shaikh]

Please help me... I have invested 10k+ in Baby Rompers and toys. I have been told by my local council trading centre that these products cannot be sell as they don't have correct labelling.. My Question is

How I can get them labelled without sending back to China?
How much it will cost?

 

[Newchodge]

Well there is no requirement to get an external party involved, and there is typically no testing. Where there is testing it can be done in house. It's a simple analysis of your compliance to the applicable legislation and then making corrections if necessary. Then you can apply the CE/UKCA mark and create your Declaration of Conformity.

In other words certification without proof of compliance?

 

[Tom Chaldecott]

In other words certification without proof of compliance?

The product needs a Declaration of Conformity provided by the "manufacturer". "proof" (documentary evidence) is only ever required if there is an investigation by a market surveillance authority (MSW), and then it is only legitimate MSA enquiries that can request "proof". If third party testing was mandated then the price of goods would increase for the consumer and entry into the market for new businesses would be made very difficult.

 

[Newchodge]

The product needs a Declaration of Conformity provided by the "manufacturer". "proof" (documentary evidence) is only ever required if there is an investigation by a market surveillance authority (MSW), and then it is only legitimate MSA enquiries that can request "proof". If third party testing was mandated then the price of goods would increase for the consumer and entry into the market for new businesses would be made very difficult.

So, yes, certification without proof of compliance?

 

[MOIC]

Well there is no requirement to get an external party involved, and there is typically no testing.

For children's toys this is reckless. It needs a legally registered compliance company to ensure safety standards of all the components, manufacturing quality & labelling to the latest regulations, which are often updated, for the batch that is being sold.

Chinese sellers often change components suppliers, as well as factories for assembly, not to mention the fact that 90% of the certificates they issue are false, copied or refer to a different product as well as batch. This does not just refer to Alibaba sellers.

 

[Tom Chaldecott]

It needs a legally registered compliance company to ensure safety standards of all the components, manufacturing quality & labelling to the latest regulations,

the fact that 90% of the certificates they issue are false, copied or refer to a different product as well as batch.

On your first point. This is not a requirement by marketplace legislation/law. No compliance company is legally required, and most companies do their compliance work in-house.

On point two. You are right that many certificates are rarely correct and that the Chinese do not (on the whole) take CE marking seriously. Do bear in mind that it is the responsibility of the "importer" to ensure products are compliant, as they will legally be responsible if they are the ones bringing product into the UK/EU.

 

[fisicx]

@Tom Chaldecott - this whole thread is about an importer seeking advice about compliance. They have unlabelled and uncertified products for children they are not allowed to sell in the UK. It would be helpful if you could outline the process they need to comply with in order to make the products saleable. Note that the goods are already in the UK so asking the factory to both certify and label is not feasible.

 

[Tom Chaldecott]

@Tom Chaldecott - this whole thread is about an importer seeking advice about compliance. They have unlabelled and uncertified products for children they are not allowed to sell in the UK. It would be helpful if you could outline the process they need to comply with in order to make the products saleable. Note that the goods are already in the UK so asking the factory to both certify and label is not feasible.

Being realistic I rarely expect the Chinese manufacturer to be involved, I regularly work with Chinese imported machinery which is a common situation on a slightly large scale.

"To be able to CE mark your toy, you must ensure that it meets the essential safety requirements laid out in the Toy Safety Directive. These are the most basic legal requirements that your toy must meet. However, as the Directive encompasses all toys, the requirements given are not very specific. This is where the standards come in, as they explain in detail the exact requirements for various types of toys. The standard related to the Toy Safety Directive is EN 71 – Safety of Toys. Standards can be bought from the BIS web site, but you may be able to view them free of charge at your local or county library.

Once you are confident that your toy meets the requirements of the standard (i.e. it passes all the tests), you will need to compile evidence of this into a document known as a technical file. The technical file should contain the results of assessment you have carried out, details of the toy itself, details of how you will maintain conformity, and a Declaration of Conformity. The Declaration is an official statement made by you as the manufacturer to show that the toy meets the relevant standards and directives, and you may need to show it to your customers. The recommended contents of the technical file and declaration can be found in Annex III and IV of the Directive."

 

[fisicx]

@Tom Chaldecott, how do they do all that? They aren’t the manufacturer.

 

[Tom Chaldecott]

Its a fairly simple process: read the requirements of the Directive, read the requirements of the standard. The first question is "does the toy/product comply". If yes then simply make comments on how it complies, then create a Declaration of Conformity and apply the CE mark/necessary labelling to the product. If there are areas where the toy does not comply then that would be the next conversation. Non-compliances could be easily resolved, or could be show stoppers. But it's not possible to answer this question without first doing an assessment against the Directive and EN 71.

 

[Newchodge]

Its a fairly simple process: read the requirements of the Directive, read the requirements of the standard. The first question is "does the toy/product comply". If yes then simply make comments on how it complies, then create a Declaration of Conformity and apply the CE mark/necessary labelling to the product. If there are areas where the toy does not comply then that would be the next conversation. Non-compliances could be easily resolved, or could be show stoppers. But it's not possible to answer this question without first doing an assessment against the Directive and EN 71.

How does the OP carry out fire retardant tests?

 

[fisicx]

Its a fairly simple process: read the requirements of the Directive, read the requirements of the standard. The first question is "does the toy/product comply". If yes then simply make comments on how it complies, then create a Declaration of Conformity and apply the CE mark/necessary labelling to the product. If there are areas where the toy does not comply then that would be the next conversation. Non-compliances could be easily resolved, or could be show stoppers. But it's not possible to answer this question without first doing an assessment against the Directive and EN 71.

And that’s the whole problem. The OP doesn’t know if they comply or not. Which means they need testing. And then find someone willing to repackage the product with the correct labelling. Same with the baby clothing.

It’s not as simple as you suggest.

 

[DontAsk]

@Tom Chaldecott, how do they do all that? They aren’t the manufacturer.

Anyone can do it. You do need to be able to understand the standards, which I somehow doubt in this case, given the fixation on care instructions. You also need to be able to defend your assessment, should it come to that.

 

[Newchodge]

Anyone can do it. You do need to be able to understand the standards, which I somehow doubt in this case, given the fixation on care instructions. You also need to be able to defend your assessment, should it come to that.

SP, for example, if the toy is wooden and painted, how does the OP assess whether the paint conforms to standards?

 

[DontAsk]

SP, for example, if the toy is wooden and painted, how does the OP assess whether the paint conforms to standards?

They know the paint that was used, or they get it tested. They can still self-certify with the results of the paint testing. The point is the whole product doesn't necessarily need to be submitted for testing.

 

[fisicx]

They know the paint that was used, or they get it tested. They can still self-certify with the results of the paint testing. The point is the whole product doesn't necessarily need to be submitted for testing.

The factory in china isn’t going to provide the information. The agent that made the sale no longer even cares.

Which brings us back to testing again. I suspect the OP doesn’t have the means or the knowledge to get compliance. Looking at the directive it’s really aimed at manufacturers not someone importing from china via Alibaba.

 

[MOIC]

On your first point. This is not a requirement by marketplace legislation/law. No compliance company is legally required, and most companies do their compliance work in-house.

I see, so get a random person (including the importer/seller) to understand, check, verify (any included) test report certification to ensure the batch being sold conforms to all safety and regulation standards.

If you're saying that's the case for kid's toys, then self certification in this category is an ass.

Self certifying (IMHO), children's product, as well as electrical products (unless very low voltage) is both reckless and can endanger lives.

An importer or seller of these products, will cut corners so they can sell their products. Most will not give a damn about consequences, nor have the correct insurance in place to cover themselves in the event of a claim.

I'll repeat, it's reckless and can be dangerous.

On point two. You are right that many certificates are rarely correct and that the Chinese do not (on the whole) take CE marking seriously. Do bear in mind that it is the responsibility of the "importer" to ensure products are compliant, as they will legally be responsible if they are the ones bringing product into the UK/EU.

The importer generally 'relies' on the certification it's given, without verifying if the tests, or indeed the certificates are genuine, relate to the same model/product or the batch they are being sold.

I can tell you categorically that the vast majority of 'China' testing labs, are (mostly) useless and have very little knowledge of the product, components, testing required and latest regulations. They simply copy what's online and offer limited pages of a full test report.

Unfortunately, most UK importers are attracted to the bottom cost price, rather than a quality product.

You know where that leads to . . . . .

 

[Anar Bibi Shaikh]

Dear responders thank you so much for all your input . I am going for the test of my plush toys and wooden teethers and one of the testing company doing below tests ..Please enlighten me again if any test missing from the list and most importantly what documents I must receive along with tests reports.. I need to know if COC provided by the testing company?
EN 71-1
EN 71-2
EN 71-3
Total Lead
Total Cadmium
Cr6+
AZO DYE
PAHs
phthalates(7P)
SCCPS

 

[MOIC]

Dear responders thank you so much for all your input . I am going for the test of my plush toys and wooden teethers and one of the testing company doing below tests ..Please enlighten me again if any test missing from the list and most importantly what documents I must receive along with tests reports.. I need to know if COC provided by the testing company?
EN 71-1
EN 71-2
EN 71-3
Total Lead
Total Cadmium
Cr6+
AZO DYE
PAHs
phthalates(7P)
SCCPS

What company are you using to do your testing?

If must be an internationally recognised company to provide UKCA advice, testing, reports and certification.

If it is, they should be providing all the information without the need for you to ask further questions on this forum.

 

[kantanLiving]

Hi @Anar Bibi Shaikh , sorry to hear your difficult situation.

To resolve your current situation of products in UK.
1. Where are they stored currently? with customs? you may only get a limited time of free storage there, they might end up charging you storage soon so find out from them and act fast on that.

2. Contact your supplier, see if its possible to send it back to them to hold for you if it works out cheaper. I would say ask them if they have any certification for the products. Likely no since there isnt any CE labelling or marking on the Toys.

3. Try contacting EUROFIN UK. I used this company when i first imported goods from Japan and did the product testing even though it was not entirely necessary, but i wanted to be on the safe side.

In addition for future, before you decide to invest so much, you should get a sample first from your supplier and send to a test lab like EUROFIN who can advise you on compliance. Again anything to do with safety and especially children toy is extremely strict because toys can have hazardous choking bits.

4. When you speak to testing companies, try to see if they can batch quote you on category rather then each product testing, otherwise it will cost you the world to test every single product.

best of luck.