A toy sold in both Europe and the United States may have to meet three different sets of limits for the same thing: metals and chemicals in the product. These three sets are not substitutes, and using reports from one set to answer the other is a common cause of returns.
This article compares the three most common frameworks — RoHS, EN 71-3 and CPSIA — and shows when a product is subject to all three and when to just one.
1. Three limiters, three different approaches
| Criteria | RoHS | EN 71-3 | CPSIA |
|---|---|---|---|
| Nature | Restrict 10 substances in electrical and electronic equipment | Toy safety standards, section on movement of elements | United States laws on children’s product safety |
| How to measure | The concentration of the substance in the material is uniform | The element’s ability to move, simulating gastric juice and the oral environment | Lead concentration in products and paint; Phthalate concentrations in children’s toys |
| Object | Electrical and electronic equipment, including toys and entertainment groups with electrical functions | Toys as defined by European toy safety legislation | Children’s products as defined by the United States |
| Result unit | According to homogeneous material | According to the toy material tested | By product or by paint layer |
| Focus group of substances | Heavy metals and organic compounds are restricted | Group of metallic elements, including trivalent and hexavalent chromium | Lead and phthalate group |
The core difference lies in: measuring method. RoHS asks “how much of this substance is in the material”; EN 71-3 asks “how much of this substance can be dissolved and absorbed when the child sucks or swallows”; CPSIA limits by product and by paint layer. The three questions are different so the three sets of results cannot be used interchangeably.
2. When are toys covered by RoHS?
Here is the question that determines the amount of work:
- Toys with electrical and electronic functions: belongs to the group of entertainment, sports and toy equipment within the scope of RoHS. Businesses must pay attention to both RoHS and toy safety requirements.
- Toys without electrical functions: Not covered by RoHS. The main requirements come from toy safety (EN 71-3) and target market regulations.
- Separate accessories sold included: It is necessary to determine whether the accessory is a separate electrical or electronic device or just a part of the toy.
In other words: don’t ask the question “is the toy subject to RoHS”, ask the question “is there any electrical or electronic equipment in this toy”.
3. Comparison table by substance group
| Substance group | RoHS | EN 71-3 | CPSIA |
|---|---|---|---|
| Lead | Limited to homogeneous materials | There are movement restrictions | Limited by product and by paint layer |
| Cadmium | Limited to a tighter limit | There are movement restrictions | There are limits according to separate regulations |
| Chromium | Limit hexavalent chromium | Separate limits for trivalent chromium and hexavalent chromium | Not the focus |
| Mercury | Restricted | There are movement restrictions | There are separate regulations |
| Organic bromine group (PBB, PBDE) | Restricted | Does not belong to the element group of EN 71-3 | Not part of the focus group |
| Phthalate group | Restricted according to product group roadmap | Not covered by EN 71-3 (belongs to other chemical requirements group of toy safety) | Restricted under group 8 phthalates |
| Boron, aluminum, nickel and other elements | Not on the restricted list | There are movement limits for approximately 19 elements | Not part of the focus group |
Looking at the table, we can see: there are groups of substances that only have one set of control regulations. Therefore, a toy sold in multiple markets needs to combine requests from all three sets into a single test list so as not to have to make multiple batches.
4. Four common mistakes
| Mistake | Reality | Consequences |
|---|---|---|
| Use EN 71-3 results to answer RoHS | Different way of measuring: moving relative to the concentration in the material | The dossier does not meet the EU market requirements for electrical and electronic equipment |
| Ignore RoHS because “this is a toy” | Toys with electrical and electronic functions are still covered by RoHS | Lack of technical documents and declaration of conformity for the electrical part |
| Given that CPSIA is equivalent to US RoHS | The two sets have essentially different lists of substances and calculation methods | Does not meet specific US requirements |
| Omission of phthalate group | This group is required by both the CPSIA and the European chemicals regulations | Goods are detained when the inspection agency points out a group of substances that are omitted |
5. How to build a set of records for all three frameworks
- Dissection according to homogeneous material for electrical and electronic parts; Disassemble according to contact toy material for the remaining part.
- Prepare a list of consolidated substances From three sets of regulations, clearly state which set regulates which group of substances.
- Choose the method according to the requirements of each set: concentration analysis for RoHS; travel simulation for EN 71-3; tested according to US regulations for lead and phthalates.
- Make clear notes in the report Which result is used for which frame, avoiding confusion between frames.
- Review when regulations change in any of the three frames.
6. Frequently asked questions
Do wooden toys without electricity have to comply with RoHS?
No. RoHS only applies to electrical and electronic equipment. With wooden toys, the main requirements are toy safety and chemical regulations of the target market.
What about toys with small LED lights?
It is necessary to determine whether the LED light assembly and control circuit constitute an electrical – electronic device. In most such cases, RoHS requirements will apply to the electrical part.
Does EN 71-3 replace the CPSIA lead requirement?
No. Two different methods and two different limitsystems. Businesses selling to the United States need to meet CPSIA requirements according to CPSIA measures.
Is it necessary to test trivalent chromium and hexavalent chromium separately?
In EN 71-3, the two forms of chromium have separate limits so results are often reported separately. With RoHS, the focus is on hexavalent chromium.
Will the cost increase a lot if all three frames have to be made?
The main increase is in the number of tests and samples, but the material removal part can be shared. The most economical way is to combine the requirements of all three frameworks into one sample submission.
7. Conclusion
RoHS, EN 71-3 and CPSIA are three different sets of limits in terms of measurement and subject: one for concentration in materials, one for mobility, one for children’s products. With toys with electrical and electronic functions, all three can be applied together.
Two things to do: clearly identify whether the item has electrical or electronic components to know if RoHS applies; and combine the substance list of all three frames into a single testing plan for each season.
References
- Directive 2011/65/EU and its amendments (RoHS), including the group of entertainment – sports – toy equipment.
- Directive 2009/48/EC on toy safety and the EN 71 series of standards, including EN 71-3 on the movement of elements.
- The US Consumer Product Safety Improvement Act (CPSIA) and related regulations on lead and phthalates in children’s products.
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Disclaimer
This article is an interpretive content compiled by us; not legal advice. Enterprises need to compare relevant documents/standards verbatim before applying them to specific products.
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