Toys - Consumer Protection (Proconsumidor) Resolution

The National Institute for the Protection of Consumer Rights (Proconsumidor) put into effect a regulation for the marketing of toys in the Dominican Republic. 

For Proconsumidor the objective of this regulation was to preserve the physical safety and emotional integrity of children because the only existing regulation in the Dominican Republic was dedicated to chemical toy safety, which encompasses production and non-marketing processes.

The regulation generates an obligation to the the supplier to ensure the clear visibility of the safety information and warnings into the instructions, and also a legible and easy-to-understand manner in order to reduce the risks involved or may involve Its use.

The regulation includes various definitions. The most important is it is what is considered a TOY: “Any product or material designed or clearly intended for use in the game by children under 14 years of age”.

The document from Proconsumidor includes instructions and labeling rules.

Labeling: It must be in Spanish with the generic name of the product, name of manufacturer, country of origin, recommended range of age for its use and the warning of adult supervision, if needed. Packaging or labels cannot indicate that child will be safe without supervision.

All indications of specific dangers must appear in the same toy article, in the package and in the instructions. 

Instructions must be indelibly imprinted In Spanish, easily readable, & comprehensible.  Warning and safety recommendations also must be included in the instructions. 

The rules include diverse warnings over different types of toys. The special warnings and safety recommendations are for: rolling toys, water toys, toys for older than three years old’s, crib toys, functional toys, kites (as toys).

The rules include some exceptions of products not recognized as toys.  The label of these products must clearly warn about its use and that adult supervision is needed, as some of those objects can be used as “toys”.  In this list we find:

1. Guns and pistols that work with compressed air and gas;  
2. Kites (if not labeled specifically as toy); 
3. Games of models, hobbies and articles in which the finished article does not have as main function the play. Except for parts and blocks, as well as articles of assembly whose final use is intended to play; 
4. Instruments, sporting goods and equipment, camping articles, athletic equipment, musical instruments and furniture; Nevertheless, those objects made with the shape of musical instruments and furniture, are considered toys. 
5. Slingshot;
6. Metal-tipped Darts;  
7. Puzzles over 500 pieces or no picture guide, intended for specialists.

Conditions of retail stores to sell TOYS

The regulation stipulates that toys should be marketed in establishments with adequate hygiene and cleaning conditions, in order to avoid the risks of infection, disease and contagion. Its manufacture must be free of toxic chemicals and potentially harmful to health.

DOMINICAN Peso not a toy. Finally, the rules include a prohibition to reproduce Dominican money bills to be traded as a toy. This reproduction is already banned by law. Such printing has not been allowed by the Dominican Central Bank, even in cases in which it has been obviously very different in size and color of the Dominican currency (peso).