The Toys (Safety) (Permitted Uses for Cobalt) (England and Wales and Scotland) Regulations 2026

Published: Tue 8th Sept 26 Comes into force: Mon 8th Mar 27

Department: Department for Business, Innovation, Science and Trade
Applies to: England, Wales, Scotland

Authorized the use of cobalt in specific toy components including stainless steel, electrical parts, and certain magnets from 8 March 2027.

These Regulations amend the Toys (Safety) Regulations 2011 to permit the use of cobalt in specific toy components where it was previously prohibited due to its classification as a carcinogenic, mutagenic, or toxic for reproduction (CMR) substance.

The instrument authorizes cobalt use in stainless steel components (including as an impurity in nickel), electrical conductors, and neodymium-based magnets that are not inhalable or swallowable.

It applies to toy manufacturers, importers, and distributors placing products on the market in England, Wales, and Scotland, while also updating references to EU directives to ensure the continued recognition of CE-marked goods.

Arguments For

The Secretary of State asserts that sufficient scientific evidence demonstrates that the specified uses of cobalt are safe for use in toys, specifically regarding exposure levels.
The Scientific Advisory Group for Chemical Safety (SAG-CS) issued an opinion stating that cobalt presents a tolerable level of risk in stainless steel and electrical components provided migration limits are not exceeded.
The Explanatory Memorandum states that no suitable alternative substances or mixtures are available for these specific applications, as documented in an analysis of alternatives.
The instrument aligns Great Britain's regulatory approach with Northern Ireland and the European Union, facilitating the continued recognition of CE-marked toys.
The document notes that cobalt is not a substance prohibited for use in consumer articles by the REACH Regulation (EC) No 1907/2006.

Arguments Against

Legal scholars or manufacturers might identify complexities in the technical requirement that neodymium-based magnets "cannot be swallowed or inhaled," as the instrument does not define the physical testing standards for this condition.
Industry stakeholders may face administrative or familiarisation costs when adapting to the updated safety schedules.
Environmental or health advocates might raise concerns regarding the continued use of cobalt, which the document acknowledges is classified as a Category 1B carcinogen and reproductive toxicant.

1.—(1) These Regulations may be cited as the Toys (Safety) (Permitted Uses for Cobalt) (England and Wales and Scotland) Regulations 2026 and come into force on 8th March 2027.

(2) These Regulations extend to England and Wales and Scotland.

This section establishes the official title of the regulations and sets the commencement date for all provisions as 8 March 2027.

It specifies that the legal jurisdiction of the instrument is limited to Great Britain (England, Wales, and Scotland).

2.—(1) The Toys Regulations are amended as follows.

(2) In regulation 3, for the definition of "the Directive" substitute—

""The Directive" means Directive 2009/48/EC of the European Parliament and of the Council of 18th June 2009 on the safety of toys".

(3) In Schedule 2 (particular safety requirements), at the end of the table in Appendix A (list of CMR substances and their permitted uses in accordance with points 4, 5 and 6 of Part 3), insert the entry set out in the Schedule to these Regulations.

This section updates the primary 2011 toy safety legislation by refreshing the definition of the relevant EU Directive to include recent amendments.

It also directs the insertion of new permitted uses for cobalt into the existing list of controlled substances (CMR substances) that are allowed in toys under specific exemptions.

Schedule

Regulation 2(3)

Amendments to Appendix A

| Cobalt | Carc 1B, Muta 2, Repr 1B | In toys and toy components made of stainless steel, as an impurity in the nickel contained in the stainless steel. In toy components which are intended to conduct an electric current. In neodymium-based magnets used in toys if those magnets cannot be swallowed or inhaled. |

The Schedule defines the specific technical exemptions for cobalt, which is classified as a category 1B carcinogen and reproductive toxicant.

It permits cobalt in three scenarios: within stainless steel parts, in components that carry electricity, and in neodymium magnets, provided those magnets are designed or secured so they cannot be swallowed or inhaled.

Explanatory Memorandum PDF View Source

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