Baby Shoes Certification: Do You Need It? 11/03/2020

At one time, children’s shoes in Ukraine were subject to mandatory certification. Certification, in turn, is a process that ensures that quality requirements for products are met. A document that guarantees that the quality requirements of these products are met is a certificate of conformity.

The security of certain types of non-food products was at one time guaranteed by the State Certification System introduced by the Decree of the Cabinet of Ministers of Ukraine of 10.05.93 N 46-93 “On Standardization and Certification”. However, the Decree has now lapsed due to its expiration.

So, today, whether or not mandatory footwear is required for children’s shoes. The position of the lawyers of Felix Law Firm is clear – now children’s shoes are not subject to mandatory certification. In order to confirm this position, Felix Legal and Security Company addressed the State Enterprise “All-Ukrainian State Scientific and Production Center for Standardization, Metrology, Certification and Consumer Protection” (State Enterprise “Ukrmetrteststandart”) and the Ministry of Economic Development and Trade of Ukraine (Ministry of Economy) question.

In their replies, Ukrmetteststandart and the Ministry of Economic Development are unanimous – children’s shoes are not subject to mandatory certification in Ukraine.

However, the State Enterprise Ukrmetrteststandart in its response mentions the creation of the System of Voluntary Certification of UkrSEPRO (UkrSEPRO System) in order to satisfy the need of the society to obtain reliable information on the quality and safety of goods and services, as well as the validity of a number of normative documents (in particular, DSTU regulations). on children’s shoes and the need to obtain the requirements of a number of regulations on the safety of children’s shoes.

In its letter, the Ministry of Economic Development in its letter focuses on introducing a system of conformity assessment of products to the requirements of technical regulations, which are regulated by the Law of Ukraine “On Technical Regulations and Conformity Assessment”, noting that according to part one of Article 11 of the Law on the market or put into service in Ukraine the requirements of all applicable technical regulations applicable to such products are mandatory.

The Ministry is of the opinion that the Technical Regulation of marking materials used for the production of the main components of the footwear that is to be marketed, approved by the Cabinet of Ministers of Ukraine Decree No. 632 of June 9, 2011, which establishes requirements for the marking of materials, is subject to children’s and adult footwear, used to make the main components of a shoe that goes on sale.

Thus, nowadays, children’s footwear is not subject to mandatory certification, but the position of Ukrmetrteststandart and the Ministry of Economic Development regarding the observance of the Law of Ukraine “On Ensuring Sanitary and Epidemic Wellbeing of the Population in the Production of Baby Footwear in the Production of Children’s Footwear; State sanitary rules and regulations “Materials and products are textile, leather and fur. Basic hygienic requirements ”(Order of the Ministry of Health of Ukraine No. 1138 of 29.12.2012) and Technical Regulation of marking of materials used for the production of the basic components of the footwear which is for sale.

Senior Associate
Felix Law Firm
Andrey Mezheritsky