Product Safety Standards (Children's Nightwear and Limited Daywear Having Reduced Fire Hazard) Regulations 2008

Reprint
as at 1 July 2009

Crest

Product Safety Standards (Children's Nightwear and Limited Daywear Having Reduced Fire Hazard) Regulations 2008

(SR 2008/199)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 30th day of June 2008 

Present:
Her Excellency the Administrator of the Government 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, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister of Consumer Affairs, makes the following regulations.

Regulations

1 Title
  • These regulations are the Product Safety Standards (Children's Nightwear and Limited Daywear Having Reduced Fire Hazard) Regulations 2008.

2 Commencement
  • These regulations come into force on 1 August 2008.

3 Interpretation
  • In these regulations, unless the context otherwise requires,—

    all-in-ones means garments specified as all-in-ones in clause 0.5.3 of AS/NZS 1249:2003

    AS 1182–1997 means the Australian Standard entitled AS 1182–1997 Size coding scheme for infants' and children's clothing—Underwear and outerwear

    AS/NZS 1249:2003 means the Australian/New Zealand Standard entitled AS/NZS 1249:2003 Children's nightwear and limited daywear having reduced fire hazard as amended by Amendment A: 2008 (New Zealand only)

    children's nightwear and limited daywear

    • (a) means garments that are suitable for nightwear, and are any of the sizes 00 to 14 as specified in clause 0.2 of AS/NZS 1249:2003 and in AS 1182–1997; and

    • (b) includes pyjamas, pyjama-style overgarments, nightdresses, nightshirts, dressing gowns, bathrobes, and infant sleepbags; and garments such as all-in-ones and boxer shorts that may be suitable for daywear or nightwear; but

    • (c) does not include T-shirts or any articles of headwear, leggings (either with or without a foot), footwear, or handwear.

4 Application
  • (1) Subject to the inclusions and exclusions set out in subclauses (2) and (3) respectively, these regulations apply to children's nightwear and limited daywear.

    (2) The following are included in the children's nightwear and limited daywear to which these regulations apply:

    • (a) knitted all-in-ones in sizes 00 to 2 if the close-fitting portion of the garment occupies 80% or more of the total surface area of the garment:

    • (b) recognised, exclusively styled nightwear garments:

    • (c) woven all-in-ones in sizes 00 to 2 and all-in-ones above size 2 if they are of a style that identifies them as nightwear:

    • (d) boxer shorts of a loose style commonly used as nightwear:

    • (e) infant sleepbags with sleeves or arm openings.

    (3) The following are excluded from the children's nightwear and limited daywear to which these regulations apply:

    • (a) predominantly knitted all-in-ones in sizes 00 to 2 made from fabric with a mass equal to or greater than 280 g/m² and clearly daywear:

    • (b) predominantly knitted all-in-ones with a fabric mass less than 280 g/m² in sizes 00 to 2 if—

      • (i) the surface area of the close fitting portion of the garment is less than 80% of the total surface area of the garment; and

      • (ii) the garment is clearly not nightwear:

    • (c) woven all-in-ones in sizes 00 to 2 and all-in-ones above size 2 that are not of a style that identifies them as nightwear:

    • (d) boxer shorts in form fitting styles, commonly worn as underwear:

    • (e) sheets and blankets that incorporate a partial garment:

    • (f) infant sleepbags without sleeves or arm openings.

    (4) References in this clause to sizes are references to sizes as specified in AS 1182–1997.

5 Product safety standard for children's nightwear and limited daywear
  • AS/NZS 1249:2003 (with the variations set out in the Schedule) is a product safety standard for the goods to which these regulations apply for the purposes of section 29 of the Fair Trading Act 1986.

6 Revocation
  • The 2005 regulations are revoked on the close of 31 March 2009.

7 Transitional provisions
  • Until the 2005 regulations are revoked,—

    • (a) a person must comply with either the 2005 regulations or these regulations; and

    • (b) compliance with either set of regulations is compliance with the other set of regulations.

8 Additional transitional variations to product safety standard
  • [Expired]

    Regulation 8: expired, on 1 July 2009, by regulation 8(3).


Schedule 1
Variations to AS/NZS 1249:2003

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Variations to AS/NZS 1249:2003

Provision Variations
Clause 0.1 Omit It also covers requirements for the labelling of paper patterns for these garments.
Clause 1.2(a) Insert the following paragraphs after the first paragraph:
  “Where there is insufficient fabric for 3 lengthwise and 3 widthwise test specimens, as specified in ISO 6941:2003, the flame spread time must be determined on 3 lengthwise test specimens only.
  Where the textile material or garments are constructed with 1 fabric overlaying another (for example, quilted fabrics), specimens must be cut and tested as a combination, as if the overlay were appliqued to the under fabric.
  Omit from the third paragraph four or more of six specimens in each place where it appears and substitute in each case 3 or more specimens.
  Omit the note to this clause and substitute the following note:
  Note: If in any 1 set of 3 specimens, 1 result exceeds the lowest result by 50% for no apparent reason, or, if 1 or 2 specimens fail to reach 1 of the marker threads, another specimen is required to be tested for that direction or face.
Clause 1.3 Insert the following sentence after the first sentence: The outer fabric of a composite or appliqued area must be considered the fabric face and must be tested so that the flame impinges on that surface.
Clause 5.6 Omit.

Schedule 2
Additional transitional variations to AS/NZS 1249:2003

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Rebecca Kitteridge,
Clerk of the Executive Council.


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

Date of notification in Gazette: 3 July 2008.


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 (Children's Nightwear and Limited Daywear Having Reduced Fire Hazard) Regulations 2008. The reprint incorporates all the amendments to the regulations as at 1 July 2009, 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/legislation/reprints.shtml or Part 8 of the Tables of 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)
  • Product Safety Standards (Children's Nightwear and Limited Daywear Having Reduced Fire Hazard) Regulations 2008 (SR 2008/199): regulation 8(3)