This notice is made in accordance with section 31(3) of the Fair Trading Act 1986.
N o t i c e
1. Title—(1) This notice may be cited as the Unsafe Goods (Lead in Children’s Toys) Notice 2009.
(2) This notice has effect from 26 March 2009.
2. Certain children’s toys declared to be unsafe goods—Children’s toys which contain lead in their accessible parts at a migration level greater than 90mg/kg of toy material are declared to be unsafe goods and are prohibited from supply indefinitely.
3. For the purposes of this notice:
migration level means the value calculated after
testing in accordance with the procedures and
result interpretation provisions of the Australian/
New Zealand Standard AS/NZS ISO 8124.3:2003 entitled “Safety of toys, Part 3: Migration of certain elements”.
Dated at Wellington this 24th day of March 2009.
HEATHER ROY, 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 children’s toys which contain lead
in their accessible parts at a migration level greater than 90mg/kg of toy material to be unsafe goods and prohibits the supply of the goods indefinitely under section 31 of the Fair Trading Act 1986 (“the Act”).
The Unsafe Goods (Children’s Toys) Notice 2007, published in the New Zealand Gazette, 20 September 2007, No. 102, page 2758, declared these goods to be unsafe under section 31 of the Act. By virtue of section 31(2) of the Act, that notice expired on 19 March 2009.
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.
It is an offence under the Fair Trading Act 1986 to supply, or offer to supply, or advertise to supply, goods which are declared to be unsafe goods. Section 33 of the Fair Trading Act 1986 prohibits the importation of such goods into
New Zealand.