From 1 March 2009 all suppliers must ensure that portable folding cots comply with the construction, performance and marking requirements of AS/NZS 2195:1999, with variations and additions made by consumer protection notice no. 4 of 2008.
To minimise hazards that create a risk of suffocation and falls, suppliers must ensure that all portable folding cots comply with specifications in the standard that cover:
cot construction and design
warning labels and safety information
performance requirements that should be assessed by a testing laboratory.
The ACCC has received several inquiries about labelling requirements for foam toys. We hope that this explanation will assist suppliers to determine when they need to use the choking hazard warning label.
The mandatory standard for toys for children 36 months and under references AS/NZS ISO 8124.1:2002, Safety of toys part 1, with variations.
Toys that are manufactured, designed, or marketed for children up to and including 36 months of age must comply with the requirements of the trade practices mandatory standard for toys for children up to and including 36 months. It includes toys for children that cross a range of ages, such as two to four years (24–48 months).
However, an exemption to this requirement is made at paragraph (n) of the consumer notice schedule for toys made of closed cell polyethylene, ethylene vinyl acetate (EVA) or like material—provided they are legibly and conspicuously labelled with these words—'WARNING(written in red upper-case letters at least 5 mm high on a white background) next to NOT SUITABLE FOR CHILDREN UNDER 3 YEARS AS FOAM PIECES MAY BREAK OFF AND CAUSE A CHOKING HAZARD (in red upper-case letters at least 2.5 mm high on a white background)'.
The exemption is not intended to preclude the sale of closed cell foam toys for children up to and including 36 months. There is evidence that some closed cell foam toys for children up to and including 36 months are able to pass the tests for small parts in the standard.
Information available to the ACCC indicates that it has erroneously become industry practice to insist that the label specified at paragraph (n) accompany the supply of all toys with closed cell foam, including those aimed exclusively at ages well under 36 months.
The ACCC’s view is that:
Where closed cell foam toys suitable for children up to and including 36 months pass the mandatory standard for toys, they may be supplied without the warning label specified at paragraph (n).
Where closed cell foam toys are intended for ages both below and above 36 months, the exemption under paragraph (n) is available if necessary.
Where closed cell foam toys are manufactured, designed or marketed exclusively for children aged up to and including 36 months, a label warning that that the toy is ‘Not suitable for children under 3 years’ is confusing to consumers. In these circumstances if a toy does not pass the necessary tests, rather than apply a misleading label, it should not be sold.
The Easter break is a popular time for renovating, pruning, taking loads to the tips and working on the car. That is why this Easter the ACCC has provided media outlets with information that will help us warn consumers about how to avoid:
serious head and limb injuries resulting from falls from ladders
serious eye injuries that can result when an elastic luggage strap rebounds at high velocity
serious injuries and death that can occur when a vehicle falls from an unsafe jack, ramp or stands.
Mandatory safety standards apply to the supply of elastic luggage, vehicle jacks, trolley jacks, portable ramps and stands. A voluntary standard applies to ladders.
Consumers should always use products that comply with standards, always check that tools are in proper working order and always follow instructions for safe use.
