Children's nightwear
This page was updated1 year ago
Children may be injured if their nightwear accidentally catches on fire. To help prevent injuries, all new and used clothing suitable for children to wear as nightwear must be made of fabric less likely to burn or to have a fire hazard information label.
Clothing made from fabrics that are too highly flammable must not be supplied.
What is the product safety standard for children's nightwear?
Product Safety Standard (Children’s Nightwear and Limited Daywear Having Reduced Fire Hazard) Regulations 2016 (Regulations) sets safety standard.
AS/NZS 1249:2014 Children’s nightwear and limited daywear having reduced fire hazard is the official product safety standard that suppliers of children's nightwear must comply with.
What is considered 'children's nightwear'?
Children’s nightwear requiring a fire hazard label includes:
- pyjamas
- nightdresses and nighties
- some all-in-ones
- nightshirts
- dressing gowns
- bathrobes
- loose style boxer shorts
- infant sleepbags with sleeves or arm openings.
Nightwear also includes blankets and towels that have sleeve or arm openings.
What are the rules?
All new and used children's nightwear covered by the standard must have a fire hazard information label. Clothing made from fabrics that are too highly flammable must not be supplied.
The fire hazard label should be easy to see. It must:
- be on the inside back neck of a top or one-piece garment or, in pants, at the waist, waistband or top of the back seam (all pieces of a set should be labelled)
- have fire hazard and size information clearly visible on the face side of the label
- be permanently fixed on the nightwear, so it is unlikely to come off.
If the nightwear is sold in packaging which makes it difficult to see and read the label, the packaging must also be clearly marked with the correct fire hazard information.
What do the labels look like?
The colour of and wording required to be put on the label depends on the design of the garment and the type of fabric it is made of. The standard also specifies the type and size of the font and size of the symbol for the label. The white and red labels should looks as follows:
White label
Children's nightwear made from low fire hazard fabrics and those that are snug fitting must be marked with the white label. Children's nightwear that require a white fire hazard information label are garments falling within the scope of Categories 1, 2 and 3 of the product safety standard.
Red label
Children's nightwear having a higher fire risk must be marked with the red fire hazard information label. These are garments which do not comply with categories 1, 2 and 3 of the product safety standard but do fall within the scope of category 4.
White or red labels are the only coloured labels that comply with the standard. An orange label, which was required for some children's nightwear under the previous product safety standard, must no longer be on children's nightwear. This is important to remember especially if you are supplying old stock or second-hand children's nightwear.
Some garments do not meet any of the design or flammability requirements of the standard. They are considered too highly flammable and cannot be sold.
Handmade nightwear
For maximum safety choose patterns with snug-fitting designs and look for low fire hazard fabrics and trims.
Unless making a snug fitting design avoid fabrics that are:
- cellulose (cotton, bamboo, linen, cupro, modal, viscose, rayon)
- acetate, or
- acrylic rich
because these fabrics burn readily.
If you are making children’s nightwear for your children or as a gift, you do not need to add a hazard label. If, however, you sell handmade nightwear for children, you must include a fire hazard label.
Who do the rules apply to?
If you supply, offer to supply or advertise to supply new or used children's nightwear, you must comply with the product safety standard.
This includes:
- manufacturers, importers and distributors who supply new children's nightwear to retailers
- retailers who sell new or used children's nightwear instore or online
- individuals who offer second-hand children's nightwear for sale at markets or online.
The rules do not apply to people who sew children's nightwear for their own children or as gifts.
Who is responsible for making sure the children's nightwear I supply is safe?
It is your responsibility to ensure children's nightwear you supply has the appropriate fire hazard label.
If you sell children's nightwear without a label, or nightwear made of highly flammable fabric, it could place a child at risk of injury or death from accidentally catching on fire. You will also have breached the Fair Trading Act. It is an offence under section 30 of the Fair Trading Act to supply, offer to supply or advertise to supply children's nightwear that does not comply with the product safety standard.
We enforce the Fair Trading Act, and may take a prosecution against you in Court if you breach the standard. Companies can be fined up to $600,000 for each breach of the Act. Individuals can be fined up to $200,000.
You may also have to conduct a recall of any garments that you supply which do not comply with the standard and the regulations. Information on carrying out a product recall is available from the Consumer Protection website.
Read more about selling children's nightwear, or go to the Standards New Zealand website to buy the standard.
Who sets the product safety standards?
The product safety standards are set by Standards NZ or equivalent overseas agencies. You can purchase a copy of any of the standards from Standards New Zealand by calling 0800 782 632 or visit www.standards.govt.nz.
You can access the Regulations and the Fair Trading Act online at the government’s legislation website www.legislation.govt.nz. The information on this website is free.