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Selling toys in Switzerland

In Switzerland, toys for children up to 14 are utility articles under food law. The FDHA Ordinance on the Safety of Toys (VSS) is aligned with the EU Toy Safety Directive, 2009/48/EC, and asks for a safety assessment, technical documentation and a declaration of conformity, kept ten years, with warnings and traceability. Cantonal authorities enforce.

Updated · Each section links to the official source it comes from

Law
LGV and the FDHA Ordinance on the Safety of Toys (VSS)
Covers
Articles for play by children up to 14
Standards
The same safety standards as in the EU (FSVO)
Declaration of conformity
An official language or English; kept 10 years
Warnings
In at least one official language, prescribed wording
Who enforces
Cantonal enforcement authorities

Before a product goes on sale

The questions to answer, in the order they usually come up.

  1. 1Is the product a toy for children up to 14, or one of the excluded articles? Read more
  2. 2Has the manufacturer carried out a safety assessment and a conformity assessment? Read more
  3. 3Are the technical documentation and declaration of conformity ready, and kept ten years? Read more
  4. 4Does the toy carry the warnings, identification and names and addresses? Read more
  5. 5Can each operator say where the toy came from and where it went? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Scope and safety requirements

What a toy is, and what it must meet.

  • A toy is any article designed or intended for play by children up to 14 years, even if not exclusively for play (LGV Article 65).
  • Toys, including the chemicals they contain, must not endanger the safety or health of users or third parties in intended or foreseeable use, taking account of children's behaviour (LGV Article 66).
  • Toys meet the general requirements of LGV Article 66 and the particular safety requirements in VSS Annex 2, for their foreseeable period of use (VSS Article 3).
  • The FSVO says toys on the Swiss market meet the same safety standards as in the EU; it keeps the VSS annexes in line with Directive 2009/48/EC (VSS Article 23).
  • The FSVO notes that toys may not be packed loose in food, that textile toys for children under three must be washable, and that Switzerland adopted the EU limit of 0.04 mg/l for BPA migration in 2018.

How we help: Compliant Always reads your toy's specification and test reports against these requirements and shows which have no report on file. Ask about this

Safety assessment and conformity

The evidence a manufacturer prepares before first sale.

  • Before first placing a toy on the market, the manufacturer carries out a safety assessment of its chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards (Article 9).
  • Toys that meet the technical standards in Annex 4 are presumed to meet the safety requirements they cover (Article 8).
  • A conformity assessment follows internal production control where standards cover the requirements, or EU-type examination by a conformity assessment body otherwise (Articles 11 and 12).
  • The manufacturer draws up technical documentation and keeps it for ten years, and provides a translation of relevant parts in an official language or English within 30 days on request (Article 10).
  • The declaration of conformity is in an official language or English, kept up to date and kept for ten years (Article 14).

How we help: Compliant Always keeps the safety assessment, test reports, technical documentation and declaration of conformity with each toy, dated, and shows what is missing. Ask about this

Warnings and labelling

What the toy and its packaging carry.

  • Warnings state user limits from Annex 3 Part A where needed; the special warnings in Annex 3 Part B, points 2 to 10, use the wording given there (VSS Article 5).
  • Warnings that matter for the decision to buy are on the packaging or otherwise clear before purchase, including in distance selling (VSS Article 5).
  • A toy carries a type, batch, model or serial number for identification, or it is given on the packaging or accompanying documents (VSS Article 6).
  • The manufacturer and importer give their names and addresses on the toy or, if not possible, on the packaging or accompanying documents (VSS Article 7).
  • Information on utility articles is in at least one official language of the Confederation (LGV Article 47).

How we help: Compliant Always reads your toy and packaging artwork against these particulars and shows what is missing. Ask about this

Duties of manufacturers, importers and distributors

Who checks what, and who keeps which records.

  • An importer or distributor that sells a toy under its own name or brand, or modifies it, counts as the manufacturer (Article 2).
  • Importers make sure the conformity assessment and technical documentation exist, keep a copy of the declaration of conformity for ten years and check warnings and markings before first sale (Articles 5 to 7, 10, 11 and 14).
  • Distributors check that warnings, instructions, identification and names and addresses are present before selling a toy (Articles 5 to 7).
  • Where there is reason to think a toy does not conform, manufacturers, importers and distributors act at once, withdrawing or recalling it if needed, and inform the enforcement authority of any risk (Article 19).
  • Importers and distributors can say from whom they obtained a toy, and manufacturers and importers to whom they supplied it, for ten years (Article 21).

How we help: Compliant Always keeps supplier and customer records with each toy and lot, so traceability questions can be answered from the record. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ManufacturerSafety assessment, conformity assessment, technical documentation and the declaration of conformity.The technical file and declaration kept with each toy.
ImporterChecking the manufacturer's documents, its own name and address on the toy, and keeping the declaration ten years.Suppliers' documents read and dated before the goods arrive.
DistributorChecking warnings, identification and addresses before sale.Questionnaires answered from the product record.
Authorised representativeTasks set by the manufacturer in writing, at least holding the declaration and documentation for ten years.The documents it holds kept in one place, dated.

Cantons

Federal acts and ordinances set the rules. Inside Switzerland the cantons enforce food and utility-article law, each through a cantonal chemist who heads the cantonal enforcement authority; the Confederation enforces at import, export and transit (Foodstuffs Act, Articles 38, 47 and 49).

Labels must be in at least one official language: German, French or Italian. Some rules ask for the language of the place of sale, which differs between cantons.

Questions businesses ask

Which law covers toys in Switzerland?
The Foodstuffs Act and the LGV, with the FDHA Ordinance on the Safety of Toys (VSS), which follows Directive 2009/48/EC.
Up to what age is something a toy?
Articles designed or intended for play by children up to 14 years (LGV Article 65).
Are Swiss toy rules the same as the EU's?
The FSVO says the same safety standards apply as in the EU. The FSVO keeps the VSS annexes in line with Directive 2009/48/EC (VSS Article 23).
Is a declaration of conformity required?
Yes. The manufacturer issues it after the conformity assessment, in an official language or English, and keeps it ten years; the importer keeps a copy (VSS Article 14).
How long are toy documents kept?
Ten years: technical documentation, the declaration of conformity and traceability information (VSS Articles 10, 14 and 21).
Which language must toy warnings be in?
Information on utility articles is in at least one official language (LGV Article 47). Annex 3 Part B warnings use the prescribed wording (VSS Article 5).
Must warnings be visible before purchase online?
Yes. Warnings that matter for the decision to buy must be clear before purchase, including in distance selling (VSS Article 5).
When does an importer count as the manufacturer?
When it sells a toy under its own name or brand, or modifies a toy so that it may no longer meet the requirements (VSS Article 2).
Can toys be packed in food?
Not loose. The FSVO says toys may not be packed loose in food, such as breakfast cereals.
What happens if a toy is found unsafe?
The operator acts at once, withdrawing or recalling it if needed, and informs the enforcement authority of any risk (VSS Article 19). The FSVO publishes recalls and warnings.
How does Compliant Always help with selling in Switzerland?
Our team reads the rules for the markets you sell in. Compliant Always shows which apply to your product, keeps the documents behind each one ready, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in Switzerland and what your paperwork needs to show.

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