Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998

i Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998 S.R. No. 2/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Definitions 1 4. Application of Regulations 2 5. Exemption 4 __________________ SCHEDULES 6 SCHEDULE 1—Objects defined as a "toy" 6 SCHEDULE 2—Objects to which the Regulations do not apply 7 ═══════════════ NOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 1998 S.R. No. 2/1998 Consumer Affairs Act 1972 Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998 The Governor in Council makes the following Regulations: Dated: 20 January 1998 Responsible Minister: JAN WADE Minister for Fair Trading SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to make regulations for the purpose of reducing the risk of ingestion or inhalation hazards associated with certain toys for children less than 3 years of age. 2. Authorising provisions These Regulations are made under sections 59, 60, 61A and 69 of the Consumer Affairs Act 1972. 3. Definitions In these Regulations "AS 1647.2–1992" means the Australian Standard 1647.2–1992, 'Children's Toys (Safety Requirements) Part 2: Constructional Requirements', published by the Standards Association of Australia on 14 September -- 2 of 9 -- S.R. No. 2/1998 Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998 2 1992 and as amended by Amendment No. 1 published on 5 March 1995; "foamed plastics" means materials made from closed cell polyethylene, ethyl vinyl acetate or like material; "package" means a thing in which a toy is packed, wrapped or contained (whether or not the toy is partially or totally visible when so packed, wrapped or contained) at the time at which the toy is sold; "toy" means an object or a number of objects manufactured and designed, labelled or marketed as a plaything for a child or children up to 3 years of age and includes, but is not limited to, the objects listed in Schedule 1 to these Regulations. 4. Application of Regulations (1) These Regulations do not apply to an object listed in Schedule 2. (2) Subject to the modifications in sub-regulation (3), the following clauses of and appendices to AS 1647.2–1992 apply to toys to which these Regulations apply (a) the definitions in clauses 4.2, 4.3, 4.4, 4.5, 4.9, 4.10, 4.11, 4.12, 4.16, 4.20, 4.21, 4.22, 4.23, 4.24, 4.25 and 4.26; and (b) the specific requirements for particular toys in clauses 7.1, 7.2, 7.10(d), 7.15.6(a)(iv); and (c) the general test requirements for an ingestion or inhalation hazard in clause 9.4; and (d) the normal use and reasonably foreseeable abuse test requirements in clause 10; and (e) Appendix A and Appendices D to V (inclusive). r. 4 -- 3 of 9 -- S.R. No. 2/1998 Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998 3 (3) The clauses and appendices referred to in sub- regulation (2) apply as if (a) for clause 7.2, there were substituted "7.2 Stuffed toys. Stuffed toys shall not produce an ingestion or inhalation hazard when tested in accordance with Appendix O."; (b) in clauses 10.2.1, 10.2.2, 10.3.1 to 10.3.4 (inclusive), 10.3.6, 10.3.7, 10.3.10 and 10.3.13 "a hazardous sharp edge, a hazardous sharp point or, if applicable," were omitted; (c) in clauses 10.3.5 and 10.3.11 "a hazardous sharp edge, a hazardous sharp point or" were omitted; (d) in clauses 10.3.9 and 10.3.15, for all the words after "not" there were substituted "produce an ingestion or inhalation hazard"; (e) in clause 10.3.14, after "from the toy" there were inserted "and shall not produce an ingestion or inhalation hazard"; (f) in Appendix D, in paragraph D5, for "If" there were substituted "Subject to clause 9.4, if"; (g) in Appendices F to K (inclusive), M, N and Q, in paragraphs F5(d), G6(i), H5(f), I5(g), J5(e), K5(h), M5(h), N6(i) and Q5(g) "Appendices B, C and, if applicable," were omitted; (h) in Appendices L and R, in paragraphs L5(f) and R5(h), for "Appendices B, C and D" there were substituted "Appendix D"; (i) in Appendices F to N (inclusive), Q, R and T, paragraphs F6(d)(i) and (ii), G7(c)(i) and r. 4 -- 4 of 9 -- S.R. No. 2/1998 Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998 4 (ii), H6(c)(i) and (ii), I6(d)(i) and (ii), J6(b)(i) and (ii), K6(a) and (b), L6(b)(i) and (ii), M6(d)(i) and (ii), N7(d)(i) and (ii), Q6(a)(i) and (ii), R6(d)(i) and (ii), and T5(h) were omitted; (j) in Appendix L, in paragraphs L5(b) and L5(g), "a hazardous sharp edge, hazardous sharp point or" were omitted; (k) in Appendix N, in paragraph N2, for "neither developed a hazardous sharp edge nor a hazardous sharp point, nor, if applicable, produced" there were substituted "did not produce"; (l) in Appendix T— (i) in paragraph T5(i), for "(h)" there were substituted "(g)"; (ii) in paragraph T6(b), for "was a hazardous sharp point when tested in accordance with Appendix C" there were substituted "produced an ingestion or inhalation hazard; (m) in Appendix U, in paragraph U6(b), after "outlet" there were inserted "and whether any such objects produced an ingestion or inhalation hazard"; (n) in Appendix V, for paragraph V6(a), there were substituted "(a) Whether the toy produced an ingestion or inhalation hazard.". 5. Exemption (1) A toy that is made wholly from foamed plastics and that is labelled in accordance with sub- regulations (2) and (3) is exempted from r. 5 -- 5 of 9 -- S.R. No. 2/1998 Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998 5 complying with the clauses and appendices referred to in regulation 4(2) and (3). (2) A toy referred to in sub-regulation (1) must conspicuously display on the toy or the package of that toy the following words "WARNING: NOT SUITABLE FOR CHILDREN UNDER 3 YEARS AS FOAM PIECES MAY BREAK OFF AND CAUSE A CHOKING HAZARD". (3) The words in sub-regulation (2) must be clearly legible, in upper case, in red letters on a white background and in characters (a) for the word "Warning", not less than 5 mm high; and (b) for the words after "Warning", not less than 2·5 mm high. __________________ r. 5 -- 6 of 9 -- S.R. No. 2/1998 Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998 6 SCHEDULES SCHEDULE 1 Regulation 3 Objects defined as a "toy" (a) rattles; (b) dummies; (c) toy dummies; (d) teethers; (e) squeeze toys; (f) toys to be attached to a crib, stroller, playpen or baby carriage; (g) pull and push toys; (h) pounding toys; (i) blocks and stacking toys; (j) toys for use in a bath tub, wading pools and sand; (k) rocking, spring and stick horses and other figures; (l) musical chime toys; (m) jacks-in-the-box; (n) stuffed, plush, flocked animals and other figures; (o) games; (p) ride-on and sit-on toys; (q) puzzles; (r) dolls; (s) toy cars, trucks and other vehicles. _______________ Sch. 1 -- 7 of 9 -- S.R. No. 2/1998 Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998 7 SCHEDULE 2 Regulation 4 Objects to which the Regulations do not apply (a) balloons; (b) marbles; (c) gramophone records; (d) books; (e) writing materials including crayons, chalk, pencils and pens; (f) paints including finger paints and water paints, paint brushes and other painting implements; (g) modelling materials including clay, plasticine and playdough; (h) bicycles having a wheelbase of not less than 640 mm; (i) flotation aid toys; (j) toys that are made wholly from highly porous material (for example cheesecloth); (k) playground equipment for parks, schools and domestic use, including swings; see-saws; slides; agility apparatus; climbing, swinging, rotating and rocking apparatus; cubby houses; sand pits; apparatus for use in sand; sliding poles and ladders; (l) toys supplied wholly or partially unassembled which are designed on assembly by an adult to comply with the relevant clauses and appendices referred to in regulation 4(2) and (3). ═══════════════ Sch. 2 -- 8 of 9 -- S.R. No. 2/1998 Consumer Affairs (Product Safety) (Children's Toys) Regulations 1998 8 NOTES Table of Applied, Adopted or Incorporated Matter Required by Subordinate Legislation Regulations 1994 Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 6 of the Subordinate Legislation Regulations 1994. Statutory Rule Provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulations 3 and 4 AS 1647.2–1992 Children's Toys (Safety Requirements) Part 2: Constructional Requirements, published by the Standards Association of Australia on 14 September 1992 and as amended by Amendment No. 1 published on 5 March 1995. The Whole. Notes -- 9 of 9 --