I'm just glad you lot weren't advising Nicholas Kove in 1948. 

One problem is that model trains are all clearly labelled as "not toys and not for children under 14", due to the Toy Safety Regulations and EU health and safety brigade, so yours would have to be "toys" to be able to sell to 8 year olds, and not what we would regard as proper rolling stock. When I first read your post I immediately thought of a Peco kit plus paint and transfers, but these contain small parts so not for under 3 year olds under the regulations, but otherwise OK. Most manufacturers prefer to call them "not toys" so fall into the over 14 bracket. Probably the best way round this is to do it with O gauge, which has much bigger parts.

Quote from: Kipper on January 02, 2012, 05:08:02 PM
Probably the best way round this is to do it with O gauge, which has much bigger parts.

Doesn't avoid the need to do all the legwork on compliance and paperwork though.

Alan

On the Airfix website it says about their kits, "This product is suitable for ages 8 to adult."

Airfix kits and the like are aged for ability rather than "small parts" legal warnings. N gauge wagons will always have small parts, but O gauge would probably escape that, if designed with care. Still never been able to work out why model railways are 14+ age group, i.e. not toys, especially with the Thomas ranges.

EC Toy Safety Directive explains it all.
http://ec.europa.eu/enterprise/sectors/toys/files/tsd-guidance/tsd_rev_1-3_explanatory_guidance_document_en.pdf
Note that kits are not considered as toys.

Quote from: poliss on January 02, 2012, 09:52:14 PM
Note that kits are not considered as toys.

That would far too simple, and this is an EU directive which means it resembles an explosion in a spaghetti factory and is about as clear as marmite. For example a live steam locomotive is not a toy, but a diesel powered one probably is (unless it is designed to run on the road instead of on track in which case its not again). Even more confusingly while a toy steam engine is basically not a toy for the purpose of the directive a non-toy one that could mistaken as a toy could be subject to the directive !

Does your head hurt yet ?

Now 10.1.2 does specifically cover exemptions and for model kits and RTR they apply for

- detailed and faithful scale models (which quite franky ought to eliminate a few products currently on the market)
- kits for the assembly of same
- historical replicas of toys

However those clauses only apply IF the packaging clearly carries a visible and legible indication that it is intended for collectors of 14 years of age or older. For stuff pre-dating the regulations this also applies so you need sticky labels on old stock.

(as an aside - freelance models are *not* covered by such an exemption in the directive text or Annex, nor are inaccurate ones, so if you are doing freelance model kits - welcome to the EU madhouse)

Unfortunately one of the big problems of this well intentioned insanity is that parents now generally assume all 'adult only' labels are lies for insurance purposes, including the ones which are not. For many products it is not commercially viable to go through all the paperwork and form filling, safety testing and register management so everyone just goes for the exemptions whether it would pass child safety or not.

(And yes even if you could afford it the insurance cost would kill you anyway)

The equivalent US legislation is its own work of joy and delight but fairly similar

Distance selling rules also matter to most small sellers, and if you are doing things with electronics - eg commercially fitting DCC decoders it's my understanding that you must use non-leaded solder for the electrical bits.

Alan