Product Safety Standards (Children's Nightwear and Limited Daywear Having Reduced Fire Hazard) Amendment Regulations 2009

  • expired
  • Product Safety Standards (Children's Nightwear and Limited Daywear Having Reduced Fire Hazard) Amendment Regulations 2009: expired, on 1 July 2009, by regulation 3.

Reprint
as at 1 July 2009

Crest

Product Safety Standards (Children's Nightwear and Limited Daywear Having Reduced Fire Hazard) Amendment Regulations 2009

(SR 2009/52)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 23rd day of March 2009

Present:
His Excellency the Governor-General in Council

  • Product Safety Standards (Children's Nightwear and Limited Daywear Having Reduced Fire Hazard) Amendment Regulations 2009: expired, on 1 July 2009, by regulation 3.


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 Economic Development.


Pursuant to section 29 of the Fair Trading Act 1986, His Excellency the Governor-General, 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) Amendment Regulations 2009.

2 Commencement
  • These regulations come into force on 1 April 2009.

3 Expiry
  • These regulations expire on the close of 30 June 2009.

5 New regulation 8 inserted
  • The following regulation is inserted after regulation 7:

    8 Additional transitional variations to product safety standard
    • (1) On and after 1 April 2009 until the close of 30 June 2009,—

      • (a) a person must comply with either regulation 5 or this regulation; and

      • (b) compliance with either regulation is compliance with the other regulation.

      (2) AS/NZS 1249:2003 (with the variations set out in Schedule 1 and the further variations set out in Schedule 2) 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.

      (3) This regulation and Schedule 2 expire on the close of 30 June 2009.

6 New Schedule 2 added
  • The schedule set out in the Schedule of these regulations is added as Schedule 2.


Schedule
New Schedule 2 added

r 6

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

r 8

Provision Variations
Clause 5.2 Add “(except as set out in Clause 5.7)” after “the following information”.
Clause 5.3 Add “(except as set out in Clause 5.7)” after “shall apply”.
Clause 5.4 Add “(except as set out in Clause 5.7)” after “shall apply”.
Clause 5.5(i) Add “(except as set out in Clause 5.7)” after “as specified in NZS 7702”.
New clause 5.7 

Add:

5.7 TRANSITIONAL FIRE HAZARD LABEL REQUIREMENTS FOR CATEGORY 2 AND 3 GARMENTS

A Category 2 or 3 garment need not have a label complying with Clauses 5.2(c), 5.3(a), and 5.4, or in the light orange specified in NZS 7702 (see Clause 5.5(i)), but instead may have an adhesive label (to which the rest of this Section applies) if—

  • “(a) the fire hazard wording for the category, as shown in Table 5.1, is clearly marked on the adhesive label and that label is firmly adhered to the garment at all times when the garment is offered for retail sale; and

  • “(b) that adhesive label is located on the front and outside of the garment, as close as possible to the top and centre of the garment as its design allows; and

  • “(c) that adhesive label is a light orange colour; and

  • “(d) any other fire hazard information on any other label is permanently erased (or the label is permanently removed from the garment); and

  • “(e) there is a sign that is clearly and prominently placed close to the display of the garments for retail sale that—

    • “(i) explains that new fire hazard labels are required on and from 1 April 2009, but that until 1 July 2009 an adhesive label may be used for some garments (which should be removed before washing) instead of a sewn-in label; and

    • “(ii) gives brief advice on the effect of the new fire hazard label and on how to reduce fire hazard risks.”

Rebecca Kitteridge,
Clerk of the Executive Council.


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

Date of notification in Gazette: 26 March 2009.


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) Amendment Regulations 2009. 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) Amendment Regulations 2009 (SR 2009/52): regulation 3