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Brazil Issues Legislation for Toys

SafeGuardSToys and Juvenile ProductsAugust 06, 2021

Brazil has published an ordinance detailing the consolidated technical regulation and conformity assessment requirements for toys. The ordinance entered into force on August 2, 2021.

On July 14, 2021, Brazil’s Ministry of Economy/National Institute of Metrology, Quality and Technology (Ministério da Economia/Instituto Nacional de Metrologia, Qualidade e Tecnologia, Inmetro) published Inmetro Ordinance No. 302 of July 12, 2021 (Portaria No. 302, de 12 de Julho de 2021) approving the consolidated technical regulation and conformity assessment requirements for toys (the Ordinance).

The ordinance contains, inter alia, several important provisions. It:

  • Establishes the consolidated regulation for toys in the form of quality technical regulations (Annex I), conformity assessment requirements (Annex II) and specifications for the conformity identification seal (Annex III) – suppliers may choose Certification Model 1b, 2 or 5 for conformity assessment requirements
  • Requires certified toys to be registered with Inmetro
  • States that toys falling within the scope of the Ordinance are subject to market surveillance activities by Inmetro and other public enforcement agencies
  • Requires suppliers to furnish the required information within 15 days when requested by Inmetro
  • Provides a (non-exhaustive) list of products that are considered as falling under the scope of toys (Annex IV) and a list of products that are not considered as toys (Annex V)

The Ordinance contains several important dates:

  • August 2, 2021, for date of entry into force
  • January 1, 2022, for domestic manufacturers/importers to only produce/import compliant toys
  • January 1, 2023, for domestic manufacturers/importers to only market compliant toys
  • July 1, 2025, for establishments to only distribute or carry out commercial activity of compliant toys 

According to the Ordinance, certificates based on Inmetro Ordinance Nos. 563/2016 and 217/2020 that have already been issued should be assessed against the new law in the next evaluation (SafeGuardS 107/20).

Highlights of adopted complementary documents for the conformity assessment requirements are summarized in Table 1.

Entry

Document

Title

1

Ordinance Inmetro No. 
200/2021 of 
April 29, 2021

Approves the Consolidated General Product Certification Requirements (Requisitos Gerais de Certificação de Produtos, RGCP)

2

ABNT NBR 5426:1989

Sampling plans and procedures for attribute inspection

3

ABNT NBR NM 300-1:2011

General, mechanical and physical properties

4

ABNT NBR NM 300-2:2004 

Flammability

5

ABNT NBR NM 300-3:2011

Migration of certain elements

6

ABNT NBR NM 300-4:2004

Experimental sets for chemistry and related activities

7

ABNT NBR NM 300-5:2004

Chemical toys (sets) other than experimental sets

8

ABNT NBR NM 300-6:2004

Electric toys

9

ABNT NBR NM 13793:2012

Baby bottles and nipples

10

ABNT NBR NM 11786:1998

Specifications – this cancelled standard is used for two tests in this Quality Technical Regulation (Regulamento Técnico da Qualidade, RTQ) on a normative basis 

11

ABNT NBR NM 16040:2018

Phthalates – determination of phthalates by gas chromatographyc

12

ABNT ISO/TR 8124-8:2017

 Age determination guidelines

13

IEC 60825-1:2014

Safety of laser products

Table 1

SGS’s accredited laboratories can help ensure your products comply with INMETRO certification, as required by the Brazilian toy certification program. In the end, it’s only trusted because it’s tested. Contact us for more information or visit our website

For inquiries, please contact:

Dr. Hingwo Tsang
Global Information and Innovation Manager
t: (+852) 2774 7420

Bruno Grigoleto
Manager
t: (+55) 11 2664 9595 ext. 8060 

© SGS Group Management SA - 2021 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.

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