Pursuant to section 27(2) 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.

1 Title

2 Commencement

3 Application

4 Consumer information standard for care labelling of certain textile and other goods

5 Revocation

6 Transitional provision

Schedule 1
Application

Schedule 2
Variations to Australian/New Zealand Standard AS/NZS 1957:1998 Textiles—Care labelling

Regulations

1 Title

These regulations are the Consumer Information Standards (Care Labelling) Regulations 2000.

2 Commencement

These regulations come into force on 1 October 2000.

3 Application

These regulations apply to the goods described in Part 1 of Schedule 1, but not to the goods described in Part 2 of that schedule.

4 Consumer information standard for care labelling of certain textile and other goods

Australian/New Zealand Standard AS/NZS 1957:1998 Textiles—Care labelling (with the variations set out in Schedule 2) is a consumer information standard for the goods to which these regulations apply for the purposes of section 27(2) of the Fair Trading Act 1986.

5 Revocation

The Consumer Information Standards (Care Labelling) Regulations 1992 (SR 1992/90) are revoked on the close of 1 October 2001.

6 Transitional provision

Until the Consumer Information Standards (Care Labelling) Regulations 1992 are revoked,—
- (a) a person must comply with either the Consumer Information Standards (Care Labelling) Regulations 1992 or these regulations; and
- (b) compliance with either set of regulations is compliance with the other set of regulations.

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Part 1
Goods to which regulations apply

Clothing, household textiles, apparel, furnishings, upholstered furniture, bedding, mattresses, bed bases, piece goods and yarns, as are made from textiles, plastics, plastic coated fabrics, suede, skins, hides, grain leathers, and furs.

Part 2
Goods to which regulations do not apply

Men’s, women’s, children’s, and infants’ wear

Unsupported coats (including overcoats and jackets) of PVC film, handkerchiefs, braces, garters, suspenders, armbands, belts, and headwear.

Footwear

Footwear (except hosiery) and textile materials used in the manufacture of footwear.

Drapery

Floor cloths, dish cloths, dusters, cleaning cloths, and pressing cloths.

Haberdashery

Ornaments, artificial flowers, sewing and embroidery threads, maternity inset panels, bust improvers and bra pads, replacement bra parts, and replacement pockets.

Furnishings

Upholstered furniture frame and mechanism covers and linings, oil baize, window blinds, sun blinds, awnings, carpets and other floor coverings, light fittings, lampshades, tapestries, wall hangings, ornaments, handicraft items, draught excluders, non-upholstered furniture, cushions, and cushion covers manufactured from remnants and labelled by the manufacturer with the following disclaimer: “cushion cover manufactured from remnants, care treatment unknown”.

Jute products

All jute products.

Medical and surgical goods

Goods intended for medical and surgical use as bandages, dressings, sanitary pads, and materials forming part of manufactured medical and surgical goods.

Canvas goods

Beach and garden umbrella coverings.

Miscellaneous goods

Cords, twines, lashings, garden hoses, toys, umbrellas and parasols, shoelaces, woven labels, flex coverings, sporting goods used only for the purposes of sport (except apparel), goods intended for one-time use only, mops, basket hangers, shoe holders, remnants, industrial gloves, regalia, polypropylene webbing for furniture, bags and cases (including handbags, purses, wallets, travel bags, school bags, sports bags, briefcases, and wash bags).

Secondhand goods

All secondhand goods.

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Clause 1.1

Omit.

Clause 1.3

Omit.

Clause 2.2

Omit paragraph (c) and substitute:

“(c) The wording of the label must be in English and be clearly legible.”

Omit Note 1.

New clause 2.2A

Insert, after clause 2.2:

“2.2A EXEMPTION FROM PERMANENT LABEL REQUIREMENTS

“2.2A.1 Exemption The care instructions for a made-up article described in clause 2.2A.3 do not have to be stated on a permanent label attached to the article, but must be stated in 1 of the following ways:

“(a) on a removable ticket or label attached to the article; or

“(b) on a pamphlet accompanying the article; or

“(c) on a wrapper or package or other matter in which the article is sold.

“2.2A.2 Continuing label requirements The requirements in clause 2.2(b) and (c) still apply to care instructions given in these ways.

“2.2A.3 Made-up articles exempted from permanent label requirements:

“(a) men’s and boys’ wear: collars, gloves, mittens, all types of hosiery, incontinence garments, reversible jackets, and fur garments:

“(b) women’s and girls’ wear: collars, neckwear, gloves, mittens, all types of hosiery, incontinence garments, reversible jackets, fur garments, and shawls:

“(c) baby wear: gloves, mittens, bibs, washable nappies, squares of flannelette, terry towelling or muslin, baby pilchers, and fur garments:

“(d) drapery: face washers, serviettes, doilies, tablecloths, tray cloths, centres, runners, duchess sets, mosquito netting and covers made from mosquito netting, butter muslin and gauze, tea towels, place mats, pot holders, finger tips, and appliance covers for teapots, toasters, and similar articles:

“(e) haberdashery: elastic, elastic threads, ribbons, zips, iron-on binding patches or trim, velcro type fasteners, and curtain making kits:

“(f) piece goods: trim:

“(g) furnishings: shower curtains:

“(h) miscellaneous: gardening gloves.”

Section 2

Add:

“2.4 DIFFERENT WORDS FOR CARE INSTRUCTIONS

Despite clauses 2.1.3, 2.2(b), 3.2, 3.3.2, 3.3.4, 3.4, 3.5, and 3.6, different words from the care instructions set out in Tables 1, 2, and 3 may be used when providing care instructions, as long as they have the same effect and are not misleading.”

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, which come into force on 1 October 2000, replace the Consumer Information Standards (Care Labelling) Regulations 1992. The regulations declare the Australian/New Zealand Standard AS/NZS 1957:1998 Textiles—Care labelling, with certain variations, to be a consumer information standard for textile goods for the purposes of section 27(2) of the Fair Trading Act 1986.

The standard specifies care instructions for certain goods. These regulations apply the standard to clothing, household textiles, apparel, furnishings, upholstered furniture, bedding, mattresses, bed bases, piece goods and yarns, as are made from textiles, plastics, plastic coated fabrics, suede, skins, hides, grain leathers, and furs.

It is an offence under section 40 of the Fair Trading Act 1986 for a person to supply, or offer to supply, or advertise to supply goods to which a consumer information standard relates unless the person complies with the consumer information standard. In addition, that Act provides for the granting of injunctions and specifies other remedies that may be obtained against persons who contravene Part 2 of the Act.

The Australian/New Zealand Standard AS/NZS 1957:1998 Textiles—Care labelling supercedes the previous standard NZS 8721 1988 for Care Labelling of Clothing, Household Textiles, Furnishings, Upholstered Furniture, Bedding, Piece Goods and Yarns prescribed by the previous regulations. There is a transitional period until 1 October 2001, during which either standard may be complied with.

The main changes from the previous standard are as follows:

individual pieces of a suite of furniture must be care labelled:
the care instructions for leather and upholstery are expanded:
international symbols for care treatment other than dry-cleaning may be used on labels, but written instructions are still also required:
variation in the exact wording of care instructions is permitted, as long as it has the same effect and is not misleading:
the type size for care instructions is no longer prescribed. Instructions must, however, be in English and be clearly legible.

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

Date of notification in Gazette: 17 August 2000.

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 Consumer Information Standards (Care Labelling) Regulations 2000. The reprint incorporates all the amendments to the regulations as at 18 August 2000, 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)

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