Children under the age of 36 months are less able to cough up anything they swallow and may choke if they inhale a part of a toy when they are playing with it.
To reduce the risk of children injuring themselves by choking while playing with a toy, children’s toys must be of a specified size and contain no small parts that break off easily. The rules apply to toys manufactured, designed, labelled or marketed for use by children up to and including 36 months of age.
What is the product safety standard for children's toys?
The Product Safety Standards (Children's Toys) Regulations 2005 (Regulations) sets that safety standard.
AS/NZS ISO 8124.1:2002 Safety of toys – Part 1: Safety aspects related to mechanical and physical properties with amendments as the official product safety standard that suppliers of children's toys must comply with.
What toys are covered by the rules?
- rattles, dummies, teethers, squeeze toys
- toys that come attached to a crib, stroller, play-pen or baby carriage
- push and pull toys, pounding toys, blocks and stacking toys, toys for use in baths, wading pools and sand
- rocking, spring and stick horses or other figures
- musical chime toys, jacks-in-the-box, stuffed, plush or flocked animals and other figures
- games and puzzles
- toy cars and trucks.
- bicycles with a wheel base smaller than 640mm
- books and other items made of paper
- cassette tapes, compact discs, DVDs and records
- dummies and pacifiers (other than toy dummies and toy pacifiers)
- paints, paint brushes and other painting tools
- flotation aid toys for use in water
- modelling materials including clay, plasticine and playdough
- playground equipment for parks, schools and domestic use, eg, swings, seesaws, slides, sand pits, sliding poles and ladders
- toys made solely from porous material such as cheesecloth
- writing materials including crayons, chalk, pencils and pens.
How can I tell if the toy is designed for use by children up to and including 36 months of age?
- physically capable of using the toy as it is intended to be used
- intellectually capable of using the toy as it is intended to be used
- interested in playing with the toy
Who do the rules apply to?
- the sale of toys
- 'give-aways' such as prizes at side-show stalls
- toys which are gifts when buying other goods
- toys given away in breakfast cereal packets.
- toys sold through internet retail or auction sites - this includes any person in trade supplying second-hand toys.
What are the rules?
- be of a size that creates a hazard if swallowed or inhaled
- have small parts designed to be removed from the toy that will create a hazard if swallowed or inhaled
- have pieces that can break off during normal use or when children play with the toy in a destructive manner that will create a hazard if swallowed or inhaled.
- fits with the toy's instructions for use
- has been established for that type of toy by tradition or custom
- is evident from the toy's appearance.