Pursuant to section 31 of the Fair Trading Act 1986, the Minister of Consumer Affairs gives the following notice.
N o t i c e
1. Title-This notice may be cited as the Unsafe Goods (Candles and Candlewicks) Notice 2001.
2. Certain candles and candlewicks declared to be unsafe goods-The goods described in the Schedule to this notice are declared to be unsafe goods and are prohibited from supply indefinitely.
Schedule
(a) Candles containing greater than 0.06% lead by weight in their wicks.
(b) Candlewicks containing greater than 0.06% lead by weight.
Dated at Wellington this 21st day of January 2002.
JIM ANDERTON, Acting Minister of Consumer Affairs.
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Explanatory Note
This note is not part of the notice but is intended to indicate its general effect.
This notice declares candles containing greater than 0.06% lead by weight in their wicks and candlewicks containing greater than 0.06% lead by weight to be unsafe goods and prohibits the supply of the goods indefinitely under section 31 of the Fair Trading Act 1986 ("the Act").
These goods were declared by the Unsafe Goods (Candles and Candlewicks) Notice 2000 to be unsafe goods under section 31 of the Fair Trading Act. By virtue of section 31 (2) of the Act, that notice expired on 29 December 2001.
Section 31 (3) of the Fair Trading Act 1986 authorises the Minister of Consumer Affairs, if 18 months has elapsed since the goods were declared to be unsafe goods and if no product safety standard has been prescribed in respect of the goods under section 29 of that Act, to prohibit the supply of the goods indefinitely or for a specified period.
This notice slightly modifies the classes of goods that were declared unsafe in the Unsafe Goods (Candles and Candlewicks) Notice 2000. In that notice, candles containing lead in their wicks and candlewicks containing lead were declared unsafe.
This notice introduces an allowance for lead of up to
0.06% by weight. This is intended to allow for trace elements of lead which may, for example, be contaminants in the manufacturing process and be largely unavoidable. The tolerance is based on United States legislation relating to "lead-containing" paint.
It is an offence under the Fair Trading Act 1986 to import, or supply, or offer to supply, or advertise to supply, goods which are declared to be unsafe goods.