My daughter has been making these small figures, polymer clay and air drying clay. I’m trying to work out whether they need CE certification, they are not toys but are small and cute. Does anyone have advice, I read the gov. Page , but it’s not very clear!
Hiya Pamela @pamadoodle. Super cute figures your daughter is making 
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I make toys and safety test them, so hopefully I can point you in the right direction. It’s UKCA now for the UK, CE only applies if you are selling to Europe - although a lot of the official info online still says CE, and it’s almost identical.
Apologies in advance - this will be a long response, as it’s tricky.
You are actually only allowed to apply the toy testing and add the appropriate UKCA/CE safety logos for things you believe to be a toy (or a customer might reasonably think is a toy due to play value). If it’s not a toy, it must be risk assessed against the general product safety regulations I’ve towards the end of this post. But you MUST “toy test” everything that can be considered a toy (age up to 14) and add the mark if it passes testing. And there are often grey areas in the middle where we are not sure if it’s a toy or not… So I understand your confusion.
No-one else can say whether an item in the grey area is a toy or not - it has to be the maker’s decision, and you need to document it and be prepared to justify to trading standards if asked. The documentation will also be required if you need to claim on your insurance if an incident happens.
However the document in this webpage might help. DocsRoom - European Commission It is for the European CE mark, but in the absence of similar guidance for UKCA, you can use it. There are a lot of words - I suggest skipping straight to the pictures that illustrate toys versus decorative items, and then go back and read the whole thing as it’s very helpful.
So, having read the document, and assuming your daughter is NOT making them for children (under 14s) AND actually intends them as an ornament… your consideration for the one on the left might go something like this:
It has a body shape and arms, and dots that look like buttons - so it is a figurine even though it doesn’t have a face. But clay figures are hard, cold and heavy, so although a child might want to pick one up and move it around, they wouldn’t generally be mistaken as a doll that can be cuddled, or a toy light or robust enough to be played with. Consider a Royal Dalton figurine - kids love them but we don’t see them as toys. The price of my item might be lower than fine china, but we can also consider functional items such as duck shaped egg cups, or other hard figures that are decorative and have low play value. The toadstool might be considered to appeal to the fairy genre, but as it is not intended for under 14s I will describe it clearly as a decorative item (title, detailed description, tags, key words etc). I will also not advertise or sell it alongside toys, nor will I use children or actual toys (fairy dolls etc) as props in the photos. So I believe most buyers are likely to see them as ornaments or collector items - which is my intent.
These are my words - and you need to do it yourselves, but hopefully you can see the thought process you need to go through.
Once you/she have made and justified your decision…
If it is a toy/aimed at under 14s, and she still wants to make them, please come back to me and I can point you in the direction of how to find the next steps to test them.
But if it’s an ornament, it just needs to be risk assessed as a general item under UK GPSR, and then labelled appropriately.
Trading standards usually say you should make it clear to the public what the product is, and add a warning if needed. Something like “This is an ornament/decorative item” and possibly add “WARNING: Fragile: Keep out of reach of children”, as that’s sensible for any dried clay piece.
Try and avoid mentioning the word toy in your listings, as that may confuse the buyer. Saying things like “This is not a toy” doesn’t actually protect you in any legal sense, and and the word will mean it appears in “toy” searches on Google and selling platforms like Folksy - running the risk of a customer buying it as a toy by mistake.
Hope this is helpful.
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Thanks, that’s a lot of detail. I will share the info with her and check it out. I appreciate the effort you put in, thanks.
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You are welcome. I appreciate it’s a lot, and confusing. Please shout if you want anything explained better.
One thing I realise I didn’t explain well, is your daughter won’t need to consider in detail every single different figurine she plans to make, as they are all made the same way and from the same material. She just needs to look at the one that is the most likely to be mistaken as a toy, and assess that one. If she determines that it is a collectable, then they all are.
Thanks, she appreciates your advice. We will describe them as decorative items, not suitable for young children and put a small parts, choking hazard warning. They are mostly less than 5cm high. Also maybe attach them to a plinth to make a scene, rather than loose.
Thanks
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My daughter has been making small animal fungi models from polymer clay and air drying clay. She wants to sell them. They are not toys, but are small and cute, does anyone know whether they need testing and certification?
No i don’t think so. As long as she clearly states in each and every listing they are not children’s toys and perhaps markets them as collectable clay figures.
Hiya @DemelzaDesigns your advice to market as collectables is sound.
However, it’s generally not good practice to make a statement in a listing that “they are not toys”.
I’m a member of a toy testing group and we are advised that if something is a toy, they you say so (after testing and labelling of course). However, if it’s not a toy, then you don’t use the word at all in your listing, packaging or promotion - even to state it is not one.
In the case of things that might sit somewhere in the middle - the “grey area of toys and collectables” - the maker must decide one way or another, and then do the above. (I’ve done a longer response to Pam in another thread she made, on how she and her daughter can do this.)
The reason to avoid the “not a toy” statement is to reduce confusion for customers who may buy for a child by mistake - we know customers don’t always read the full descriptions or may miss things we think are clearly stated. Also, Trading Standards regularly advise that makers of collectables or other similar “grey area items” don’t sell next to toys - again to avoid confusion. Unfortunately, including the statement This is not a toy in a listing will inevitably mean it will appear in searches for toys as it’s picked up as a key word. So although it’s not the makers intent, they are being sold alongside toys.
TS suggest it’s better to clearly state what the item is - This is an ornament, or This is a Collectors piece. And if the item will break into sharp or dangerous pieces if dropped, then add a warning such as Fragile: Keep away from children.
… @Folksyadmin could you combine these two threads, and move them to the Craft Talk category please. I have tried but I can’t see the usual buttons. Edit - thanks for doing this.
I was only trying to help!!! I have seen things even in high street shops stating an item is not a toy.
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Thanks so much for this Sharon, now off to take the words: “not a toy” out of my decorative figure listings! 
Thanks, I too often see not a toy on listings, but I can see how it would trigger Google searches , it picks out words not phrases.
It was very helpful, and raised a good point. My response was intended to help anyone who wanted more information about why it’s best practice not to use the phrase “this is not a toy”, rather than to say you were wrong.
You are totally right, lots of people use that phrase, including some companies selling in shops. Unfortunately the legislation is complex, and there are lots of interpretations and sometimes contradictory advice, rather than hard rules for the grey areas. And of course the big boys have deep pockets and good lawyers if they do get it wrong… 
Excellent, so glad you have worked out how to take them forward, they are lovely little pieces and I’m sure will do well.
Hi Sharon my understanding is that as search engines pick up words I.e, in this case ‘toy’ it is best not to use that word for online descriptions so that it won’t appear in a search for a toy, however the ‘this is not a toy’ label and disclaimer can be used to attach to an item that may be perceived as a toy even though it’s a collectable. It’s usually used either with a warning or description such as ‘This is not a toy’ due to small parts it can present a choking hazard for children under 14, or due to it’s delicate nature etc or choking hazard. Where health and safety is concerned if a risk assessment of an item shows a risk to children from choking a warning label could be attached to help minimise that risk by bringing it to the buyers attention. You’re right, it’s a minefield isn’t it, when I was working in health and safety 11 years ago we didn’t have to worry about searches and algorithms etc, things are changing fast. I wish more sellers on here would take note, there are a lot of people selling toys with no testing in place.
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Yes, text in a printed label wouldn’t get picked up by the algorithm.
I understand why people would use This is not a toy disclaimer (alongside a warning label) for high value collecter bears, dolls or scale models that are virtually identical in appearance to toys - where there is a genuine risk that customers could be confused.
It’s up to the maker to decide where the cut off is, but personally I wouldn’t use it for general ornamental items that have a passing resemblence to a toy shape - in that case I would just go for a clear warning that describes the risk, and a description of what the item is, rather than a disclaimer of what it’s not. It’s easy to get carried away - I spotted a This is not a Toy disclaimer on a cat water bowl recently - yes it had painted cat eyes and pointed ear shapes, but it was clearly a bowl for cats to drink from (It wasn’t on Folksy, I hasten to add.)
On the topic of warning labels, can I also highlight the importance of attaching them to all items that do pose a risk anyone - children or adults. For example candles should have a warning not to be left unattended when lit (fire risk), blankets and quilts should have warning about not to be used as bedding for babies (over heating), kids clothes with long ties need warning against strangulation. And a full description of the materials used, and any risk they pose - for example natural wool items contain lanolin (allergen) and beauty products may have oils (possible allergens). It’s part of the risk assessment we should be doing for all general products under UK GPSR before we put our items on sale.
Not sure if everyone has noticed the new safety fields when listing items in Folksy - these are mandatory for anyone selling to the EU, but they can be used to highlight safety warnings even if you are just selling in the UK. I use them a lot. Just avoid including a word that could trip you up in the online search function - find a different way to phrase the warning 
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I think it would be a good idea for Folksy to do features on testing especially regarding toys and email it to all sellers. I know there’s information on the Folksy blog but wonder how many people have actually seen it let alone read it. Presently sellers are liable if something they make causes harm however Which are calling for platforms to also take responsibility, apparantly 85% of all toys sold on marketplaces are in breach of safety regulations and unsafe for children. Which discuss that rules have to change and want marketplaces to also take responsibility and not allow items for sale that do not have safety testing in place, this would also mean they share liability. Personally I think it’s a move in the right direction.
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