The Commerce Commission is urging businesses to check the safety of their Christmas toys and bicycles now, rather than waiting until customers or the Commission find goods that do not meet product safety standards.

Commission Fair Trading Manager Rachel Leamy said some shops will have already received their Christmas stock and most will have ordered it by now.

"It is far better for everyone that businesses check their goods before they go on sale and fix any problems they might find straight away," Ms Leamy said.

"From a shop's point of view, it is bad for business to have unhappy customers coming back with complaints or spreading bad news by word of mouth, and it costs time and money to be investigated by the Commission.

"For customers, there is the danger that children could be hurt by dangerous toys or bicycles.

"I am sure no business people want children to be hurt by goods they have sold. It is much safer to have goods checked before they go on sale."

The Fair Trading Act gives the Minister of Consumer Affairs the power to make product safety standards mandatory. To date, there are mandatory product safety standards for toys for children aged up to three, bicycles and children's night clothes.

One of the Commission's roles is to make sure businesses understand these product safety standards and comply with them.

"We provide a lot of information to businesses," Ms Leamy said, "and in November and December we will be visiting shops to check that toys and bicycles in particular meet the standards."

The Fair Trading Act allows anyone, including competitors, customers and the Commission, to take legal action under it. Courts can impose fines of up to $100,000 and a wide range of injunctions and orders.

Media contact: Fair Trading Manager Rachel Leamy

Phone work (04) 498 0908, home (04) 386 3110

Communications Officer Vincent Cholewa

Phone work (04) 498 0920, home (04) 479 1432

Background

Toy safety standard

The toy safety standard is not about labelling. It applies to all toys for young children. Simply labelling toys as "unsuitable for children under three years" does not make the toy comply with the standard nor does it protect the business.

This standard applies to toys for children aged up to three, and prohibits toys and parts of toys that fit completely into a measuring cylinder. Up to three years of age, children do not have a properly developed cough reflex. If they swallow an object which sticks in their throat, they may not cough and must be helped or they will choke.

In a recent example, one of the world's biggest toy manufacturers withdrew and exchanged parts of its biggest selling toy as part of a settlement with the Commission. The parts withdrawn were too small to meet the standard.

Also, the toy was labelled as unsuitable for children under three, but the Commission's view was that it was suitable for children aged two and above. The labels have been changed to meet the Commission's concerns.

Bicycle safety standard

The bicycle safety standard was introduced in 1991 after large numbers of cheap, often unsafe, Chinese bicycles were imported. Compliance with it has improved after a series of prosecutions.

It includes tests to measure the safety of brakes, the strength of the frame and how securely parts like handle bars and seats are attached.

Children's night clothes safety standard

The children's night clothes safety standard covers the flammability of night clothes for children from 6 months to 14 years. That is, from the time they start crawling and can get their clothes into heaters or fires.

It deliberately uses a wide definition for night clothes to include all clothing that may be used as children's night wear. For example, children's romper suits are included.