Toys for children up to and including 36 months of age mandatory standard

Hazard type

Products the mandatory standard applies to

The mandatory standard applies to toys for children up to and including 36 months of age which have been:

manufactured
designed
labelled
marketed as playthings.

Toys for children up to and including 36 months of age include but are not limited to:

rattles, toy dummies, teethers, and squeeze toys
toys for attaching to cots, playpens, prams and strollers
push and pull toys
pounding toys
blocks and stacking toys
bath toys
rocking, spring and stick horses and figures
musical chime toys
jack-in-the box
stuffed, plush and flocked animals and figures
dolls
toys with pompoms
games and puzzles
toy cars, trucks and other vehicles.

Products the mandatory standard does not apply to

The mandatory standard excludes:

balloons
marbles
tapes and compact discs
books
writing materials
paints and paint brushes
modelling materials including play dough, clay and plasticine
bicycles having a wheel base of not less than 640 mm
playground equipment for parks, schools and home use
goods supplied wholly or partially unassembled that need an adult to assemble them after they're bought, if when assembled according to their supplied written instructions, the goods follow the specified standards
flotation toys
baby dummies
toys made wholly from highly porous material (such as cheesecloth) – except for toys with pompoms
toys made from certain plastics that are labelled according to the mandatory standard.

Complying with the mandatory standard

This information is an overview of how to comply with the mandatory standard. Suppliers must not rely on this information as a complete guide to compliance.

View the full detail of the standard.

Some toys for children up to and including 36 months of age may also need to comply with other applicable mandatory standards and bans.

Testing

To make sure toys for children up to and including 36 months of age comply, suppliers should organise testing through specialist testing laboratories.

Design and construction

Toys for young children can come in many shapes, forms and materials. The toy itself and any parts of it that can come off must not be smaller than a certain size. This is because children under 36 months of age tend to place small parts into their mouths and can choke on or swallow them.

A small parts cylinder (31 mm in diameter and 57 mm long) is used to check if a small part is likely to be a choking or swallowing hazard. Manufacturers must make sure their toys comply with the mandatory standard.

Battery operated toys

In June 2022, 4 button battery safety and information standards became mandatory for all products that contain button or coin batteries. These standards apply to both button or coin batteries and products containing button or coin batteries. The Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety Standard 2023 places specific requirements on toys which contain batteries.

The mandatory standard requires all battery operated toys for children up to and including 36 months of age to have the battery compartment secured so that it can only be accessed by using a tool. This is because children up to 36 months of age can swallow small parts.

Labelling

Even if toys are labelled or marketed for older children, the mandatory standard may still apply. It could apply if the toys are commonly recognised as being intended or suitable for children under 36 months of age.

The mandatory standard gives some guidance on appropriate ages for using toys, referencing official United States age determination guidelines by the US Consumer Product Safety Commission (CPSC) (PDF).

Mandatory standard details

The mandatory standard, the Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety Standard 2023 sets out the requirements for toys for children up to and including 36 months of age.

The accompanying Explanatory Statement has further information.

A toy for children up to and including 36 months of age must comply with certain sections of one of the following voluntary standards:

Australian and New Zealand standard AS/NZS ISO 8124.1:2023 Safety of toys – Part 1: Safety aspects related to mechanical and physical properties
International standard ISO 8124‑1:2022 Safety of toys – Part 1: Safety aspects related to mechanical and physical properties
European standard EN 71‑1:2014 + A1:2018: Safety of toys – Part 1: Mechanical and physical properties
American standard ASTM F963‑17 Standard Consumer Safety Specification for Toy Safety.

In addition to complying with one of the above voluntary standards, suppliers must also comply with a section of the Electric Toy Standard: AS/NZS 62115:2018 Electric toys – Safety.

You can buy the Australian standards at Standards Australia or Intertek Inform or Accuris or ASTM.
You can buy the European standard at Intertek Inform or Accuris.
You can buy the US standard at ASTM or Accuris
You can buy the International standard from Standards Australia or ISO.

We can make a copy of these standards available for viewing at an ACCC office, subject to licensing conditions.

Transition period

The mandatory standard was updated on 5 September 2023.

Under the new mandatory standard suppliers can choose to comply with sections of one of 4 listed voluntary Australian and overseas standards. Suppliers must also comply with a section of the Electric Toy Standard.

There is a transition period until 4 March 2025 to give suppliers a transition period to adjust to the new requirements.

Up to 4 March 2025 suppliers must comply with either:

From 5 March 2025 suppliers must only comply with the Consumer Goods (Toys for Children up to and including 36 Months of Age) Safety Standard 2023.

When a product does not comply

Fines and penalties may apply for failure to comply with a mandatory safety or information standard. For more information, see fines and penalties.

Suppliers may need to recall a product when it doesn't meet the mandatory standard or is potentially unsafe.