Product Safety Standards (Cigarette Lighters) Regulations 1998

Reprint
as at 18 December 1998

Crest

Product Safety Standards (Cigarette Lighters) Regulations 1998

(SR 1998/451)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 14th day of December 1998

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Consumer Affairs.


Pursuant to section 29 of the Fair Trading Act 1986, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, and on the recommendation of the Minister of Consumer Affairs, makes the following regulations.

Regulations

1 Title
  • These regulations may be cited as the Product Safety Standards (Cigarette Lighters) Regulations 1998.

2 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    the Act means the Fair Trading Act 1986

    American Standard means the Consumer Product Safety Standard for Cigarette Lighters (16 CFR 1210)—

    • (a) set out in Part 1210, Title 16 of the Code of Federal Regulations; and

    • (b) published in the Federal Register of the United States of America, Vol 58, No 131, on 12 July 1993

    child means an individual who is under 5 years of age

    cigarette lighter means a flame-producing device that is designed to light cigarettes, cigars, and pipes; and is either—

    • (a) disposable; or

    • (b) designed to be refilled with fuel and has a customs value of less than $3.50

    customs value, in relation to a cigarette lighter, means the Customs value determined in accordance with Schedule 2 of the Customs and Excise Act 1996

    disposable, in relation to a cigarette lighter, means a cigarette lighter which is designed—

    • (a) to be discarded when its supply of fuel is exhausted; or

    • (b) to incorporate a separate container of fuel designed to be discarded when empty.

    (2) Unless the context otherwise requires, terms and expressions that are not defined in these regulations but that are defined in the Act have the same meaning as in the Act.

3 Application
  • (1) These regulations apply to—

    • (a) the wholesale supply of cigarette lighters on and after 15 February 1999; and

    • (b) the supply of cigarette lighters on and after 15 May 1999.

    (2) These regulations do not, however, apply to cigarette lighters—

    • (a) carried in the baggage or effects of a person arriving in New Zealand where the number of cigarette lighters carried is 4 or less; or

    • (b) that are component parts in the manufacture of cigarette lighters for which a certificate of compliance has been issued under regulation 7(1).

4 Parts of International Standard for Lighters—Safety Specification (ISO 9994:1995E) declared product safety standard for cigarette lighters
  • The clauses of the International Safety Standard for Lighters—Safety Specification (ISO 9994:1995E) set out in the Schedule together with the variations specified in that schedule are a product safety standard for cigarette lighters for the purposes of section 29 of the Act.

5 Labelling
  • A cigarette lighter must be labelled in accordance with section 1210.12(c) of the American Standard.

6 Child resistance
  • (1) A cigarette lighter must be of a kind that has been—

    • (a) tested in the manner set out in section 1210.4 of the American Standard; and

    • (b) shown to be resistant to successful operation by at least 85% of the child test panel when tested.

    (2) The mechanism designed or intended to make the cigarette lighter resistant to successful operation by a child must—

    • (a) reset itself automatically after each operation of the ignition mechanism; and

    • (b) not impair safe operation of the cigarette lighter when used in a normal manner; and

    • (c) be effective for the functional life of the cigarette lighter; and

    • (d) not be easily overriden or deactivated.

7 Certification
  • (1) A certificate of compliance, within the meaning of the American Standard, must have been issued for the cigarette lighter in accordance with that standard.

    (2) The certificate of compliance must be produced—

    • (a) by the importer of the cigarette lighter to an officer of the New Zealand Customs Service on the entry of the cigarette lighter into New Zealand; and

    • (b) by the importer or supplier of the cigarette lighter within 10 days after being requested by a Customs officer or officer of the Commission.

8 Compliance with specifications
  • A cigarette lighter for which a certificate of compliance has been issued must meet the specifications required under section 1210.15 of the American Standard for that lighter.


Schedule
Clauses of International Standard for Lighters—Safety Specification (ISO 9994:1995E) and variations

r 4

Clause Variation
2 By omitting subclauses 2.1, 2.2, and 2.3.
3 By omitting Note 4 from subclause 3.2.
  By omitting from subclause 3.2.2.1 the expression 100 mm, and substituting the expression 125 mm.
  By omitting Note 5 from subclause 3.2.2.3.
  By omitting subclauses 3.3.1, 3.3.2, 3.3.3, 3.3.4, 3.3.5, and 3.6.
4 By omitting all of subclauses 4.2, 4.3, 4.5, 4.8, and 4.9.
5 By omitting from subclause 5.2.2(c) the expression 5 mm, and substituting the expression 10 mm.
  By omitting all of subclauses 5.5, 5.6, 5.7, 5.11, and 5.12.

Marie Shroff,
Clerk of the Executive Council.


Explanatory Note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations prescribe product safety standards for cigarette lighters. They apply to the wholesale supply of cigarette lighters on and after 15 February 1999 and the supply of all cigarette lighters on and after 15 May 1999. The standards apply both to disposable cigarette lighters and to refillable cigarette lighters with a customs value of less than $3.50.

The standards specify requirements for safe performance, labelling, and child resistance in readily obtainable cigarette lighters that must be met for the purposes of preventing or reducing the risk of injury to children and other persons.

There are 2 exemptions provided for in regulation 3. The product safety standards do not apply to personal items carried by passengers entering New Zealand or to cigarette lighters that are merely a component part of another cigarette lighter. The second exemption is to ensure that the product safety standards do not inhibit design innovations which result in a new product that meets the child resistance requirements of the product safety standards.

Regulation 4 declares certain clauses of the International Safety Standard for Lighters—Safety Specification (ISO 9994:1995E) to be a product safety standard. The applicable clauses and variations to those clauses are set out in the Schedule.

Regulation 5 requires cigarette lighters to be labelled in accordance with the requirements of the American Standard. These labelling requirements enable a cigarette lighter to be traced back to the manufacturer.

Regulation 6 requires that a cigarette lighter be tested in accordance with the American Standard that establishes a test intended to ensure that cigarette lighters are resistant to successful operation by children younger than 5 years of age. It also sets out some specific performance requirements for the mechanism which makes the lighter child-resistant.

Regulation 7 requires a certificate of compliance, within the meaning of the American Standard, to have been issued for the cigarette lighter in accordance with that standard. The certificate must accompany imports and be produced on request.

Regulation 8 provides that, where a certificate of compliance has been issued, the cigarette lighter must comply with the specifications required under the American Standard.

It is an offence under section 40 of the Fair Trading Act 1986 to supply, or offer to supply, or advertise to supply, goods in respect of which a product safety standard has been prescribed unless the standard is complied with.

Section 32 of that Act empowers the Minister of Consumer Affairs, in the case of goods that do not comply with a product safety standard, to require the supplier—

  • to recall the goods

  • to disclose to the public information relating to the goods

  • to repair, replace, or refund the price of the goods.

In addition, the Act provides for the granting of injunctions and other remedies that may be obtained against persons who contravene Part 3 of the Act.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 17 December 1998.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Product Safety Standards (Cigarette Lighters) Regulations 1998. The reprint incorporates all the amendments to the regulations as at 18 December 1998, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)