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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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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide4
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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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide 5
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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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide6
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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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide 7
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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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide 9
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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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide10
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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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide 11
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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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide12
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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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide24
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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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide 25
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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Childrens nightwear and paper patterns for childrens nightwear: Supplier guide 29
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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www accc gov au
Childrens nightwear and paper patternsfor childrens nightwear