It is the responsibility of suppliers to satisfy themselves that the toys they supply into the Australian market do not contain levels of lead in excess of 90 mg/kg when tested in accordance with testing procedures as specified in Australian/New Zealand Standard AS/NZS ISO 8124.3:2003 Safety of toys, Part 3: Migration of certain elements.
The ACCC recognises that at the time of declaring this ban many suppliers have children's toys assessed for compliant lead levels against the European standard EN 71-3:1995 Safety of Toys - part 3: Migration of certain Elements (including 1995 COR 2002 and 1995 AMDI 2000) or ISO standard ISO 8124.3:1997:Safety of toys-Part 3: Migration of certain elements rather than AS/NZS ISO 8124.3:2003 Safety of toys, Part 3: Migration of certain elements.
It is the preliminary view of the ACCC that the testing procedures specified for each of the three standards are substantially equivalent.
Consequently for its investigation purposes and for the period of the ban, the ACCC will regard test results showing compliance with the lead migration test and interpretation of results specified in either of the two other standards above as providing equivalent evidence for the purposes of the banning order in Consumer Protection Notice No. 13 of 2007.
Suppliers should nonetheless note that the ACCC will seek the withdrawal from sale and recall from consumers of any toy that is found to breach the ban.
