The addition of a detailed explanation on the user groups for maracas provides clarity on the grey zone products with toy rattles. While for other general toy musical instruments, more criteria for the determination of age grading were further elaborated. Various examples were given for the differentiation of toy musical instruments from real musical instruments.
The EC also stressed that the reasonably foreseeable use prevails over the declaration of intended use by the manufacturer. Manufacturer must be able to support the claim in case their products are marketed as non-toys.
This guidance had considered several documents for the classification of toys for children under 36 months or over, including the EU toy guidance document No. 11, the U.S. CPSC age determination guidelines, and CEN ISO/TR 8124 part 8.
Table A: Summaries of the criteria for the classification of maracas
Table B: Highlights of criteria for general toy musical instruments