13 june 2017

Kids’ clothing: new rules in Australia

The Ministry for Small Business revises standards for safer children’s nightwear

The Australian Ministry for Small Business uptated the safety standard for children’s nightwear (Consumer Goods – Children’s Nightwear and Limited Daywear and Paper Patterns for Children’s Nightwear), announcing the adoption of the revision of Children’s Nightwear and Limited Daywear Standard AS / NZS 1249: 2014.
The revision, which repealed the previous safety standard as well as the relevant trade practices, is made under section 105 of the Australian Consumer Law (ACL) and is effective immediately.

Products that meets the requirements of AS/NZS 1249:2014 can be sold in Australia immediately, while those meeting the requirements of the previous version can be sold until 31 December 2019. This brings Australia in line with New Zealand, which has fully adopted the same standard version.

For greater clarity, up to 31 December 2019, suppliers may comply with requirements from either:
- Trade Practices (Consumer Product Safety Standards) (Children’s Nightwear and Paper Patterns for Children’s Nightwear) Regulations 2007
- Consumer Goods (Children’s Nightwear and Limited Daywear and Paper Patterns for Children’s Nightwear) Safety Standard 2017

From 1 January 2020, suppliers must comply with:
- Consumer Goods (Children’s Nightwear and Limited Daywear and Paper Patterns for Children’s Nightwear) Safety Standard 2017

The AS/NZS 1249:2014 standard applies to nightwear or limited daywear, other than second‑hand nightwear and second‑hand limited daywear. It specifies design, flammability performance and labelling requirements for four categories of children’s nightwear garments, including some daywear / underwear items that may be commonly used as nightwear (e.g. boxer shorts).

All children’s nightwear in Australia must carry a fire danger label that depends on four different categories set out in the standard. Categories are based on garment’s design, type of fabric and burn test results.

- Category 1. Garments made from fabrics with low flame propagation properties
- Category 2. Garments which are designed to reduce fire hazard
- Category 3. Predominantly knitted all-in-one garments in sizes 00-2
- Category 4. Garments with higher flammability risks which do not comply with categories 1 to 3

Manufacturers, distributors and retailers must comply with this mandatory standard, which applies to nightwear from size 00 up to 14.
Children’s nightwear that falls into category 1 to 3 must carry a new cautionary white label that includes the flame symbol. Category 4 garments must carry a red High Fire Danger label. Garments that do not meet the requirements of any of the categories are considered to have a very high flammability rating and are therefore unacceptable for use as nightwear.

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