Supplier guide — Children's nightwear and paper patterns.pdf

8/10/2019 Supplier guide Children's nightwear and paper patterns.pdf

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Childrens nightwear and paper

patterns for childrens nightwearSupplier guide

Product safety


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Australian Competition and Consumer Commission

23 Marcus Clarke Street, Canberra, Australian Capital Territory, 2601

First published by the ACCC 2010

Commonwealth of Australia 2011

This work is copyright. Apart from any use permitted by theCopyright Act 1968, no part may be reproduced without prior writtenpermission of the Australian Competition and Consumer Commission.

Requests and inquiries concerning reproduction and rights should be

addressed to the Director Publishing, ACCC GPO Box 3131, CanberraACT 2601, or [email protected].

Important notice

The information in this publication is for general guidance only. It doesnot constitute legal or other professional advice, and should not berelied on as a statement of the law in any jurisdiction. Because it is

intended only as a general guide, it may contain generalisations. Youshould obtain professional advice if you have any specific concern.

The ACCC has made every reasonable effort to provide current andaccurate information, but it does not make any guarantees regardingthe accuracy, currency or completeness of that information.

ISBN 978 1 921581 58 8ACCC 03/11_41429_258

www.productsafety.gov.au


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Contents

Childrens nightwear and paper patterns for childrens nightwear 2

What is this guide about? 2

Who should read this guide? 2

What childrens nightwear is covered? 2

What are paper patterns for childrens nightwear? 3

What are the hazards? 3

Mandatory standard 4

Meeting mandatory requirements 4Childrens nightwear 4

Paper patterns for childrens nightwear 9

Your responsibilities as a supplier 10

Information for retailers 10

Trade Practices (Consumer Product Safety Standards) (Childrens Nightwearand Paper Patterns for Childrens Nightwear) Regulations 2007 12

Role of the ACCC 23

Product liability 24Mandatory standards and bans 25

Mandatory standards 25

Interim bans 26

Permanent bans 26

Penalties 27

More information 27

Key terms used in this guide 28

Contacts 30


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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide2

Childrens nightwear and paperpatterns for childrens nightwear

What is this guide about?

Under the Australian Consumer Law (ACL), mandatory consumer product safety standards

are introduced when considered reasonably necessary to prevent or reduce the risk of injury

to a person. This guide provides a summary of the requirements for the supply of childrens

nightwear and paper patterns for childrens nightwear. A full list of mandatory standards and

bans is available on pages 2526.

Who should read this guide?

Suppliers of childrens nightwear and paper patterns for childrens nightwear should read this

guide to familiarise themselves with the hazards and the mandatory requirements for this

product.

What childrens nightwear is covered?

The mandatory standard applies to childrens nightwear including:

pyjamas pyjama-style overgarments

nightdresses

nightshirts

dressing gowns

bathrobes

infant sleep bags

other items styled and recognised as nightwear knitted all-in-ones, sizes 002, of any style, made from fabrics with a mass less than

280 g/m2

knitted all-in-ones, sizes 2 and over, of a style which identifies them as nightwear

woven all-in-ones, of a style which identifies them as nightwear

loose boxer shorts.

Note:Unless stated otherwise, all references to childrens nightwear and paper patterns for

childrens nightwear refer to sizes 0014.


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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide 3

This mandatory standard does not apply to the following items:

leggings

T-shirts

close-fitting boxer shorts (underwear)

headwear (beanies, hats and headbands)

footwear (slippers and bed socks)

hand wear (gloves and mittens)

swimwear

second-hand garments.

What are paper patterns for childrens nightwear?The mandatory standard applies to templates formed in the shape of a specific garment style

for childrens nightwear. They are usually supplied with sewing/assembly instructions. The

templates are used to trace the shape of the garment onto a piece of fabric. The fabric can

then be cut to size and sewn together to form a garment.

What are the hazards?

Death or serious injury

Children do not readily recognise the hazard of being near open flames such as candles, stove

tops, gas or wood heaters and fireplaces.

Children can suffer severe burns or death if the clothing they are wearing catches fire. This

can occur when children get too close to, or come into contact with, a naked flame such as a

fireplace, heater, stove top, candle or the elements of a radiant heater.

The hazard increases during the cooler months when children might stand near heating

sources for warmth.

The risk of severe burns is greater in the early morning and evening when children are wearingnightwear.

Loose-fitting and oversized garments are more likely to come into contact with a heating

source or flame and are therefore more hazardous.


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Mandatory standardThe mandatory standard for childrens nightwear and paper patterns for childrens nightwear

is based on Australian/New Zealand Standard AS/NZS 1249:2003 Childrens nightwear andlimited daywear having reduced fire hazard, with variations and additions made by the Trade

Practices (Consumer Product Safety Standards) (Childrens Nightwear and Paper Patterns for

Childrens Nightwear) Regulations 2007.

AS/NZS 1249:2003 is a voluntary standard, except for those sections specifically called up by

the regulations. It is important to note that the sections of AS/NZS 1249:2003 called up by the

regulations may also be varied by the notice. For this reason it is important to read both the

regulations andAS/NZS 1249:2003 together.

Meeting mandatory requirementsChildrens nightwear

To comply with the mandatory standard for childrens nightwear, you and your business must

meet all the requirements for marking, design, construction and performance.

The mandatory standard requires childrens nightwear to be classified into one of four

categories depending on the style of garment, the type of fabric used in the garment and

the burning behaviour of the fabric. However, some garments are so flammable they cannotmeet the requirements of any of the four categories. These garments do not comply with the

mandatory standard and must not be sold at all.

Sections 1 to 4 of the mandatory standard detail the design, performance and labelling

requirements for each category. These requirements cover:

how fast a fabric burns

garment dimensions

garment trims (please refer to the section on trims on p. 5 of this guide)

fasteningsbuttons, bows etc.

fire hazard and size labelling.

It is important for suppliers to accurately determine the correct category for their garments.

Testing garments for compliance with the mandatory standard may be the only way to do this.

Fabrics that fail surface burn tests or that do not meet the requirements of categories 1 to 4

are prohibited and must not be sold.


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Category 1

Category 1 garments are made from fabric and trims that pass low flammability tests.

This includes wool, some synthetics and some heavy cottons.

Category 2

Category 2 garments are made from fabrics which are more flammable than the fabrics used

for Category 1 garments. Garments in this category include close-fitting nightwear such as

pyjamas and sleep suits. As these garments are close fitting, they do not burn as readily as

loose-fitting garments and they are less likely to come into contact with an ignition source.

Category 3

Category 3 garments include babies all-in-ones, such as jumpsuits and rompers, in

sizes 002. These garments have their own category because there is little difference between

daywear and nightwear. This category applies to garments made mostly from knitted fabricswith a mass less than 280 g/m2.

Category 4

Category 4 garments are those that do not fall into categories 1, 2 or 3 but still meet relevant

fabric, size and burning test requirements. This category includes looser fitting garments.

Trims

The mandatory standard requires certain trims on childrens nightwear to meet specified

burning behaviour criteria and to satisfy size limits.

Trims covered by the mandatory standard include piping, patch pockets, ribbon, overlays,

lace, frills, inserts, motifs, appliqus and edge trims.

Trims excluded from the mandatory standard include attachments at the neck opening of a

garment, belt loops, belts and cords at the waist, elastic, embroidery and ribbed fabric used in

the neck, waist or cuff hem of garments.

Marking requirements

Section 5 of the mandatory standard sets out the requirements for the labelling of childrens

nightwear. The standard requires that garments shall be clearly and permanently marked withthe following:

the name or trademark of the manufacturer or supplier

the size of the garment (according to Australian Standard AS 1182:1997 Size coding

scheme for infants and childrens clothingUnderwear and outerwear)

fire hazard information according to category of childrens nightwear (see p. 6)

care instructions suitable for the preservation of a fire retardant treatment where it has been

applied to the fabric.


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Fire hazard information

Each piece of nightwear must be marked with a permanent label identifying the fire hazard

category of the garment (see p. 5). If two or more pieces make up a set then each piece of

the set must be labelled. Where there is more than one piece, each piece must be labelled inaccordance with the highest fire hazard category of any piece in the set.

The fire hazard label must be clearly visible on the garment at the point of sale. If the label

is obscured when the garment is packaged then the same flammability warning must be

prominently displayed on the packaging.

Garments that comply with the requirements of categories 1, 2 or 3 of the mandatory standard

(see p. 5) must be labelled with the words: LOW FIRE DANGER.

Category 4 garments (see p. 5) are considered a high fire risk and must be labelled with

the words:

WARNING

HIGH FIRE DANGER

KEEP AWAY FROM FIRE

These words must be accompanied by the flame symbol as specified in the mandatory

standard AS/NZS 1249:2003.

There are no specific size, shape or orientation requirements for the label; however, the

mandatory standard does require that the following clauses of AS/NZS 1249:2003 are met:

Clause 5.3location of the label

Clause 5.4durability of the label

Clause 5.5label and word colour, as well as letter and symbol size.

The label must be clearly visible and not obscured in any wayfor example, by placing a

brand label on top of it.


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Example of a HIGH FIRE DANGER warning label. Not to scaleconsult mandatory standard.

WARNING

HIGH FIRE DANGER

KEEP AWAY FROM FIRE

Example of a garment showing HIGH FIRE DANGER warning label in position.


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Example of a LOW FIRE DANGER warning label. Not to scaleconsult mandatory standard.

Examples of garments showing LOW FIRE DANGER warning label in position.


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Paper patterns for childrens nightwear

To comply with the mandatory standard, paper patterns for childrens nightwear must be

marked with a clearly legible warning label on the outside of the packaging with the following

wording:

FIRE WARNING:

Regardless of the fabrics recommended on this package as suitable for this garment,

for the safety of your children, do not make loose-fitting or nightdress styles from fabrics

which burn readily. Avoid chenille, molleton and flannelette fabrics made from 100 per cent

cotton, and acrylic fabrics.


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Your responsibilities as a supplierAs a supplier, you are legally responsible for ensuring that the childrens nightwear and

paper patterns for childrens nightwear you supply meet the mandatory safety standardrequirements, which are enforceable by law. Failure to comply can result in legal action,

penalties and/or recalls.

All suppliers are equally responsible for ensuring that products they supply meet the

mandatory standard.

To do this, we strongly advise you to take the following steps:

Read the requirements specified in the regulation printed in this guide, along with

AS/NZS 1249:2003.

Have systems in place to visually check these products to ensure they comply with therequirements of this mandatory standard.

Where necessary, use reports from reliable, independent testing laboratories to verify

compliance.

Register to receive automatic email updates from the Product Safety Australia website

(www.productsafety.gov.au) to help ensure you are aware of the latest product safety

information.

Information for retailersIf you are a retailer, you are responsible for ensuring that the products you supply meet

mandatory safety standards. To ensure that the childrens nightwear and paper patterns for

childrens nightwear you sell comply with the mandatory standard, you should always:

stipulate that any childrens nightwear and paper patterns for childrens nightwear you

order from your supplier must meet the mandatory standard for childrens nightwear and

paper patterns for childrens nightwear in terms of design, performance and labelling

have systems in place to ensure that delivered stock is visually checked for compliance

with the requirements of the mandatory standard

obtain and keep reliable written verification from independent sources, such as an

accredited testing laboratory, that childrens nightwear you supply has been tested to and

meets the mandatory design, performance and labelling requirements. It is advisable to

ensure this written verification relates to your current stock.


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Providing safety advice to consumers

Retailers can provide additional safety advice to consumers. Here are some examples:

Always buy correct fitting nightwear for your child. Nightwear that is one or more sizes too

big for your child may increase the risk of the garments flammability.

Nightwear that is snug fitting is less likely to catch fire than loose-fitting nightwear.

Always keep children at least one metre away from heaters and other sources of heat.

Keep children away from naked flames such as candles, fireplaces and gas stoves.

Where possible, use fire guards or screens to shield children from all sources of naked

flame and other heat sources such as radiators or gas heaters.


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Trade Practices (Consumer Product Safety Standards)(Childrens Nightwear and Paper Patterns forChildrens Nightwear) Regulations 2007


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Role of the ACCCTo minimise the risk of injury associated with consumer products, the ACCC undertakes a

variety of compliance and enforcement activities: consulting with suppliers and other agencies to identify non-compliant goods

developing mandatory safety and information standards, when necessary

informing and educating suppliers about emerging hazards and requirements of mandatory

standards or bans

liaising with suppliers to assist them in understanding how to comply with the standards

or bans

promoting benefits of compliance with mandatory safety standards or bans

assessing overall levels of marketplace compliance with mandatory safety standards

or bans

informing and educating consumers to choose only compliant products, report suppliers of

non-compliant goods to the ACCC and always use products safely

conducting compliance surveys or inspections to detect non-complying products

investigating allegations from consumers and suppliers about supply of non-compliant

products

investigating possible breaches found during compliance surveys or inspections

seeking the immediate withdrawal of non-compliant or unsafe products from sale

seeking the recall of non-compliant or unsafe products from the market

taking action against suppliers including:

substantiation, infringement or public warning notices

court enforceable undertakings, injunctions and various other court orders

damages, compensation orders, disqualification orders and civil penalties

adverse publicity orders or requirements for corrective advertising

prosecutions resulting in criminal sanctions (fines).


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Product liabilityParts 35 of the Australian Consumer Law (ACL) (which forms Schedule 2 to the Competition

and Consumer Act 2010) contain provisions on product liability. Under these provisions,consumers can seek compensation or damages for personal injury or other loss caused by a

safety defect in products supplied by a manufacturer.

Goods with a safety defect are those that are not as safe as what people are generally entitled

to expect.

Generally the manufacturers or importers of products are liable under Parts 35 of the ACL.

But if other suppliers, such as retailers, cannot identify the manufacturer or importer, they may

be deemed liable for the damages.

Suppliers may reduce their exposure to product liability action by using these responsible andsensible business practices:

conducting regular reviews of product designs and production

implementing and reviewing quality assurance procedures

testing products regularly to relevant standards, including batch testing

conducting appropriate marketing

providing clear and thorough user instructions

where necessary, conducting a quick voluntary recall of any products that are defective

or unsafe.


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Mandatory standards and bansThe following mandatory standards and bans apply nationally under the ACL.

Mandatory standards

Aquatic toys

Babies dummies

Baby bath aids

Baby walkers

Balloon-blowing kits

Basketball rings and backboards Bean bags

Bicycle helmets

Bunk beds

Care labellingclothing and textile products

Child restraints for motor vehicles

Childrens household cots

Childrens nightwear and paper patterns for childrens nightwear Childrens portable folding cots

Childrens projectile toys

Childrens toys containing magnets

Corded internal window coverings

Cosmetics and toiletriesingredient labelling

Disposable cigarette lighters

Elastic luggage straps Exercise cycles

Hot water bottles

Lead and certain elements in childrens toys

Motor vehicle recovery straps

Movable soccer goals

Pedal bicycles

Portable fire extinguishers (aerosol type) Portable fire extinguishers (non-aerosol type)


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Portable ramps for motor vehicles

Prams and strollers

Protective helmets for motorcyclists

Reduced fire risk cigarettes

Sunglasses and fashion spectacles

Swimming aids and flotation aids for water familiarisation and swimming tuition

Tobacco labelling

Toys for children under, up to and including 36 months of age

Treadmills

Trolley jacks

Vehicle jacks

Vehicle support stands.

Interim bans

Interim bans may be made by the state, territory or Commonwealth Minister. Their duration

may be 60120 days. Check the Product Safety Australia website (www.productsafety.gov.au)

for details of any interim bans.

Permanent bans

Candles with lead wicks

Childrens plastic products with more than 1 per cent DEHP

Childrens stationery sets containing undeclared knives or cutters with a metal blade

Combustible candle holders

Fire footbags and other such goods

Gas masks with asbestos breathing devices

Glucomannan in tablet form

Inflatable toys, novelties and furniture containing beads

Jelly cups containing konjac

Miniature motorbikes (monkey bikes) with unsafe design features

No holes tongue stud

Novelty cigarettes

Pools and spas with unsafe design features

Sky lanterns

Smokeless tobacco products


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Tinted headlight covers

Toothpaste containing Diethylene glycol (DEG)

Toy-like novelty cigarette lighters

Yo-Yo water balls.

Penalties

Supplying products that do not comply with a mandatory standard or ban is an offence under

the ACL.

Fines for non-compliance are:

up to $1.1 million for companies

up to $220 000 for individuals.

More information

For the latest information on bans, standards and recalls, visit www.productsafety.gov.au.


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Key terms used in this guideBelow is a list of key terms that have been used in this guide.

Australian Consumer Law

(ACL)

The ACL replaces previous Commonwealth, state and

territory consumer protection legislation in fair trading acts. It

is contained in a schedule to the Trade Practices Act 1974,

which has been renamed the Competition and Consumer

Act 2010(CCA).

childrens nightwear Garments of a type suitable for nightwear, such as pyjamas,

pyjama-style overgarments, nightdresses, nightshirts, dressing

gowns, bathrobes and infant sleep bags and garments

such as all-in-ones and boxer shorts which may be suitable

for daywear or nightwear. It does not include second-hand

garments.

Competition and

Consumer Act 2010(CCA)

The Competition and Consumer Act 2010(formerly the

Trade Practices Act 1974) deals with almost all aspects

of the marketplace: the relationships between suppliers,

wholesalers, retailers, competitors and customers. It covers

anti-competitive conduct, unfair market practices, industry

codes, mergers and acquisitions of companies, product

safety, product labelling, price monitoring, and the regulation

of industries such as telecommunications, gas, electricity

and airports.

mandatory consumer

product safety standard

The Commonwealth Minister can prescribe compulsory safety

standards for consumer goods and product related services.

Suppliers must not supply goods or services that do not

comply with a safety standard for goods of that kind.

Safety standards require goods to comply with particular

performance, composition, content, design, construction,

finish, labelling or packaging rules.

Visit www.productsafety.gov.au for a list of products that

mandatory safety standards currently apply to in Australia.

Many mandatory standards are based on Australian voluntary

standards published by SAI Global.


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paper patterns Templates formed in the shape of a specific garment

style, usually supplied with sewing/assembly instructions.

The templates are used to trace the shape of the garment

onto a piece of fabric. After this, the fabric is cut to size andsewn together to form a garment.

regulation A regulation is a form of delegated legislation made pursuant

to an Act of Parliament. Regulations can be issued by a

government minister under the authority of primary legislation.

Regulations are used to make the detailed arrangements,

which give effect to the intent and purpose of primary

legislation.

supplier Anyone in the business of selling, exchanging, leasing, hiring

or hire-purchasing of goods or provisions, or of granting or

conferring of services.

supply Selling, exchanging, leasing, hiring or hire-purchasing of goods

or provisions, or granting or conferring of services.


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Contacts

Australian Competition and Consumer Commission

Product safety

For more information about mandatory standards, bans, recalls and emerging issuesand to

subscribe to email alerts and RSS feedsvisit our websites:

www.productsafety.gov.au

www.recalls.gov.au

You can also follow us on Twitter: @ProductSafetyAU

ACCC Infocentre: 1300 302 502

Callers who are deaf or have a hearing or speech impairment can contact us through the

National Relay Service: www.relayservice.com.au

Voice-only (speak and listen) users phone: 1300 555 727 and ask for 1300 302 502

SAI Global

For copies of mandatory Australian/New Zealand standards, contact SAI Global on 13 1242 or

visit the SAI Global website at www.saiglobal.com/shop.


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Addresses

National office

23 Marcus Clarke Street

Canberra ACT 2601

GPO Box 3131

Canberra ACT 2601

Tel: (02) 6243 1111

Fax: (02) 6243 1199

New South Wales

Level 20

175 Pitt Street

Sydney NSW 2000

GPO Box 3648

Sydney NSW 2001

Tel: (02) 9230 9133

Fax: (02) 9223 1092

Victoria

Level 35

The Tower

360 Elizabeth StreetMelbourne Central

Melbourne Vic 3000

GPO Box 520

Melbourne Vic 3001

Tel: (03) 9290 1800

Fax: (03) 9663 3699

Queensland

BrisbaneLevel 24

400 George Street

Brisbane Qld 4000

PO Box 12241

George Street Post Shop

Brisbane Qld 4003

Tel: (07) 3835 4666

Fax: (07) 3835 4553

Townsville

Level 6

370 Central Plaza Building

Flinders Mall

Townsville Qld 4810

PO Box 2016

Townsville Qld 4810

Tel: (07) 4729 2666

Fax: (07) 4721 1538

Western Australia

Third floor

East Point Plaza

233 Adelaide Terrace

Perth WA 6000

PO Box 6381

East Perth WA 6892

Tel: (08) 9325 0600Fax: (08) 9325 5976

South Australia

Level 2, ANZ House

19 Grenfell StreetAdelaide SA 5000

GPO Box 922

Adelaide SA 5001

Tel: (08) 8213 3444

Fax: (08) 8410 4155

Northern Territory

Level 8

National Mutual Centre911 Cavenagh St

Darwin NT 0800

GPO Box 3056

Darwin NT 0801

Tel: (08) 8946 9666 (general)

Tel: (08) 8946 9610 (reception)

Fax: (08) 8946 9600

TasmaniaThird floor

AMP Building

86 Collins Street

(Cnr Elizabeth and Collins

streets)

Hobart Tas 7000

GPO Box 1210

Hobart Tas 7001

Tel: (03) 6215 9333

Fax: (03) 6234 7796


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Childrens nightwear and paper patternsfor childrens nightwear

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Supplier guide — Children's nightwear and paper patterns.pdf