Pursuant to section 31 of the Fair Trading Act 1986, the Minister of Consumer Affairs gives the following notice.
N o t i c e
1. Title-This notice may be cited as the Unsafe Goods (Small High Powered Magnets) Notice 2013.
2. Commencement-This notice is effective from the date of publication in the New Zealand Gazette.
3. Application-This notice applies to new and
second-hand magnetic objects as defined in clause 5 that
are supplied, offered for supply, or advertised for supply
to any person for the purposes of personal, domestic, or household use or consumption. For the avoidance of doubt this includes but is not limited to:
(a) a toy, game or puzzle (including but not limited
to an adult desk toy, an educational toy or game,
a toy, game or puzzle for mental stimulation or stress relief); or
(b) a construction or modelling kit; or
(c) jewellery which may be worn in or around the mouth or nose.
4. Period of notice-This notice will be in force for
a period of 18 months from the date of publication in the New Zealand Gazette unless revoked by the Minister of Consumer Affairs by notice in the New Zealand Gazette.
5. Magnetic objects to be declared unsafe goods-
The following are unsafe goods:
Separable or loose magnetic objects that are supplied
in multiples of two or more where:
(a) At least two of these magnetic objects are each separately able to fit entirely, in any orientation, into the small parts cylinder as provided by clause 5.2 and figure 15 of the Australian/New Zealand Standard, Safety of toys - Part 1: Safety aspects related to mechanical and physical properties (AS/NZS ISO 8124.1:2010); and
(b) subject to the changes to AS/NZS ISO 8124.1:2010 set out in clause (c) of this notice, at least two of those magnetic objects each separately have a magnetic flux index greater than 50(kG)2mm2 determined as per clause 5.31 of AS/NZS ISO 8124.1:2010. 50(kG)2mm2 is equivalent to
0.5 T2m2; and
(c) in clause 5.31.3 of AS/NZS ISO 8124.1:2010 omit "kG2mm2" and replace with (kG)2mm2.
Dated at Wellington this 24th day of January 2013.
HON SIMON BRIDGES, Minister of Consumer Affairs.
Explanatory Note
This part of the note is not part of the notice but is intended to indicate its general effect and consequences.
This notice declares magnetic objects that do not comply with AS/NZS ISO 8124.1:2010 to be unsafe goods and prohibits the supply of the goods for a period of 18 months after the publication of the notice in the New Zealand Gazette under section 31 of the Fair Trading Act 1986.
Under section 33 of the Fair Trading Act 1986, it is prohibited in New Zealand to supply, or offer to supply,
or advertise to supply, goods which are declared to be unsafe goods.
Under section 33 of the Fair Trading Act 1986 and section 54 of the Customs and Excise Act 1996, it is prohibited to import into New Zealand goods which are declared to be unsafe goods under clause 5 of this notice.
Any person seeking to import magnetic objects to which
this notice applies after the commencement of this notice may need to provide New Zealand Customs Service with acceptable documentation demonstrating that the import
of the magnetic objects is not prohibited by this notice.
New Zealand Customs Service requirements
All persons importing into New Zealand magnetic objects to which this notice applies must, on request, produce to a
New Zealand Customs Service officer documentation showing that the magnetic objects will meet the relevant tests for size and strength set out in applicable parts
of AS/NZS ISO 8124.1:2010 Safety of toys - Part 1: Safety aspects related to mechanical and physical properties.
All persons bringing magnetic objects to which this
notice applies into New Zealand must comply with the requirements of New Zealand Customs Service.
Commerce Commission requirements
All persons supplying, offering for supply or advertising magnetic objects to which this notice applies must, on request, produce to a Commerce Commission officer within 10 days, documentation showing that the magnetic objects meet the relevant tests for size and strength set out in applicable parts of AS/NZS ISO 8124.1:2010 Safety of toys - Part 1: Safety aspects related to mechanical and physical properties.
Documentation
Acceptable documentation will usually consist of:
(a) a certificate of compliance with AS/NZS ISO 8124.1:2010 Safety of toys - Part 1: Safety aspects related to mechanical and physical properties, carrying the logo of an internationally recognised accreditation body and providing:
(i) the name and address of the New Zealand importer, or the manufacturer; and
(ii) the make, model and photograph of the magnetic objects; and
(iii) the date of the test (being no earlier than three years prior to the date of import); and
(iv) the full results of the test; or
(b) a statement that the magnetic objects comply with AS/NZS ISO 8124.1:2010 Safety of toys - Part 1: Safety aspects related to mechanical and physical properties providing:
(i) the name and address of the New Zealand supplier; and
(ii) the make, model and photograph of the magnetic objects; and
(iii) the date of the statement; and
(iv) the statement that: "The statement above is true to the best of my knowledge and belief. I am aware that a false statement may be a breach of the Fair Trading Act 1986 and may lead to a penalty of up to $60,000.00 for an individual and up to $200,000.00 for a company"; and
(v) the signature of the supplier.