Background

6. The Product Safety Standards (Children's Toys) Regulations 1992 declare NZS 5822:1992 The Prevention of Ingestion and Inhalation Hazards in Toys Intended for Use by Children Under Three Years of Age to be a product safety standard and dummies/pacifiers are currently included in the scope of the regulation. This relates to their small parts dimensions only. The 1992 regulations are revoked by the Product Safety Standards (Children's Toys) Regulations 2005 but will remain in effect until 8 September 2006.

7. The Product Safety Standards (Children's Toys) Regulations 2005 declare AS/NZS ISO 8124.1:2002 Part 1: Safety Aspects Related to Mechanical and Physical Properties with variation to be a product safety standard. Dummies/pacifiers are considered nursery products and are therefore not covered in the scope of the international toy standard, on which the 2005 regulations are based.

8. A dummy/pacifier is a nursery product with a nipple intended for a young child to suck on, although is not designed to help a baby obtain fluid. The dummy usually has a guard or shield at the base of the nipple that keeps it from being sucked completely into a child's mouth. It also has a handle or ring, usually on the other side of the guard or shield from the nipple that is used to hold or grasp the dummy for the caregiver.

9. The 1992 regulation for children's toys, included dummies/pacifiers in the scope, and was originally established to address the hazard of small parts to children under the age of three years. NZS 5822:1992 outlines the small parts requirements for children under the age of 3 years, and sets out tests, such as a bite test and drop test, to ensure that such toys can be used by their intended user, without small parts breaking off. NZS 5822:1992 is derived from the larger national standard NZS 5820:1982 Specification for the safety of toys which sets out the general safety requirements for toys for children up to the age of fourteen years. The existing national standard NZS 5820:1982 Specification for the Safety of Toys has now been superseded by AS/NZS ISO 8124 Safety of Toys series.

10. Comment was sought from the public on the revision of the Product Safety Standards (Children's Toys) Regulations 1992 and the need to consider the proposal for a mandatory standard for dummies and pacifiers. Stakeholders were asked how this product should be dealt with in the future and supported the proposal that a separate Product Safety Standard be developed for dummies and pacifiers. Continued regulation of pacifiers and dummies appeared to be warranted.