ISBN: 0-478-00049-9

CONTENTS
FOREWORD .......................................................................................................................................... 1 EXECUTIVE SUMMARY .................................................................................................................... 2 AN AGENDA FOR ACTION ................................................................................................................ 3 DISCUSSION PAPER, THE MINISTRY, AND THE FORUM ........................................................ 7
DISCUSSION PAPER ............................................................................................................................. 7 THE MINISTRY OF CONSUMER AFFAIRS......................................................................................... 7
Recalls .................................................................................................................................................. 8 Product bans ........................................................................................................................................ 8
THE INFANTS PRODUCTS SAFETY FORUM .................................................................................... 9
ISSUES, DISCUSSION AND SUGGESTIONS FOR ACTION ....................................................... 12
I SSUES FOR TRADERS ............................................................................................................................... 12 I SSUES FOR PARENTS ............................................................................................................................... 14 P RODUCT SAFETY STANDARDS ................................................................................................................ 16
APPENDIX 1 ........................................................................................................................................... i
INTERNATIONAL APPROACHES TO PRODUCT SAFETY ............................................................... i
New Zealand ......................................................................................................................................... i Australia .............................................................................................................................................. iii Canada ................................................................................................................................................. v Germany .............................................................................................................................................. vi United Kingdom ................................................................................................................................. vii United States ..................................................................................................................................... viii
ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT (OECD) ................ ix THE ASIA-PACIFIC ECONOMIC CO-OPERATION (APEC) TOY INFORMATION EXCHANGE ARRANGEMENT ................................................................................................................................... xi
APPENDIX 2 ........................................................................................................................................... i
EXTRACTS FROM THE MINISTRY OF CONSUMER AFFAIRS’ POLICY PAPER
MANDATORY AND VOLUNTARY PRODUCT
STANDARDS .......................................................................................... i
APPENDIX 3 ........................................................................................................................................... i
PRESENTATIONS MADE TO THE INFANT PRODUCTS SAFETY FORUM ON MONDAY 6 OCTOBER 1997........................................................................................................................................ i
SUMMARY ............................................................................................................................................ i Keith Manch, Ministry of Consumer Affairs - Overview and Key Issues .............................................. i Bob Ainsworth, New Zealand Juice Association ................................................................................... i Dr David Chalmers - Injury Prevention Unit, University of Otago .................................................... iii Professor Joan Ozanne-Smith - Monash University Accident Research Centre ................................. iii Dr Kaye McAulay - Chief Executive Standards New Zealand ............................................................ iv Rachel Leamy - Commerce Commission .............................................................................................. v Dennis Chan - Infant Products Association ........................................................................................ vi John Highsted, Britax Child-Care Products Pty - a manufacturer's point of view ............................. vi Shelley Hanifan, Safekids - Child Safety Service of Starship Hospital .............................................. vii Druis Barrett - Maori Women's Welfare League .............................................................................. viii Tafa Poutoa, Pacifica - A Pacific Islands Perspective ..................................................................... viii Pacific Islands consumers are unlikely to return a product to the retailer. From Pacific Islands perspective it is the responsibility of the retailer to demonstrate the safe use of a product. ............... ix Sue Campbell National Child Safety Co-ordinator for Plunket .......................................................... ix
I

FOREWORD FOREWORD
I was delighted to initiate the Infant Products Safety Forum from which this Agenda for Action has been developed. For the first time ever this Forum brought together Government agencies, parent groups, manufacturers and child safety experts to discuss infant product safety issues and develop an action plan to improve safety. I was pleased with the number of participants who were willing to give both of their time, and to provide positive views for discussion. We also had some excellent thought provoking papers presented during the day. We have established that there are five key areas for us to focus on and more importantly deliver on. One critical area identified is the need to focus on information and education and to ensure better co-ordination of safety messages to New Zealanders. I acknowledge the work and role which the Ministry of Consumer Affairs undertakes in improving infant product safety and it is important that we build on the Ministry’s foundation. This Agenda for Action is our next proactive step. So that we can make rapid progress, I encourage New Zealanders to respond and contribute to the Agenda Action points outlined in this discussion document, so we can finalise and importantly, take concerted, positive action to improving infant produce safety. I thank everyone who has contributed and I look forward to the implementation of our Agenda for Action. Hon. Robyn McDonald Minister of Consumer Affairs 1

EXECUTIVE SUMMARY EXECUTIVE SUMMARY
All New Zealanders have a strong interest in the safety of the products that they buy and use. We are all particularly concerned about the safety of infants products. In discussing safety the key issues are  safe construction and  safe use. Safe products and safe use will only be achieved if everyone plays their part. The Ministry of Consumer Affairs has a key role in achieving safety and so do you. This paper sets out what the Ministry is doing, and details an agenda for partnership action. The agenda draws heavily on the Ministerial Infant Products Safety Forum, held in Wellington in October 1997. The Forum provided a unique opportunity for many interested parties to share their views about what can and should be done to achieve safety. That opportunity is repeated through the development of this paper. Issues covered at the Forum included: the Ministry of Consumer Affairs strategies, self regulation, injury data, standards and enforcement, a manufacturers perspective on the safety of children's and nursery products, infants products and healthcare, perspectives from Maori and Pacific Island presenters and Plunket. There were workshop discussions on issues for traders, consumers, and on product safety standards.
However, while workshops and discussions are important, action is critical.
This paper records the issues discussed at the Forum, as well as other useful information, but it is really about action. And the key part of the paper is the "agenda for action".
Please read the paper and provide some feedback to ensure the action suggested is the best possible to ensure safe products and safe use.
Please provide any comments you wish to make to the Ministry of Consumer Affairs, PO Box 1473, Wellington by Friday 24 April 1998. 2

AN AGENDA FOR ACTION AN AGENDA FOR ACTION
Improving infant products safety - safe construction and safe use - depends on everyone from designer through to end-user. We need a concerted approach. This can occur as a partnership between traders, parents and caregivers, family and health support groups and the Ministry. It must be an action oriented partnership where everyone does their bit. Following some internal reorganisation, since 1 October 1997, the Ministry of Consumer Affairs plays its part in achieving safety by doing the following things:  receiving and investigating complaints about unsafe products and pro-actively inspecting products in the marketplace  gathering data and identifying trends in safety  working with businesses to remove from sale, recall and/or modify unsafe products  ensuring where appropriate that mandatory or voluntary safety standards are in place  working to encourage business to "self-regulate"  educating and informing consumers and businesses about safe products and safe use. These activities are covered in more detail in the proposed agenda set out below. This agenda also reflects the many ideas and strategies discussed at the Forum. In looking at the agenda please consider:  what contribution you or your organisation can make to these strategies  what other strategies are appropriate, who / which organisation should
undertake them, and how should they be implemented.
3

AN AGENDA FOR ACTION 1. Action to remove unsafe products from the market
a) Undertake pro-active inspections of, product types on the basis of risk assessment and on an ad-hoc basis. b) Work closely and quickly with traders to remove/modify unsafe products from c) the market where they are identified through complaints or pro-active inspection Undertake swift, public responses to those traders who are unwilling or slow to undertake voluntary recalls.
2. Monitoring Product / Market Developments and their Impact on Consumers
a) Participate with the Ministry’s Australian counterparts in the Nursery Furniture Injury Reduction Programme. b) c) Undertake a small-scale study to collect information on non-hospitalising injuries associated with infant products, consider the likely causes, and identify effective solutions. Work with other interested parties to develop improved collection of infant products injuries statistics.
3. Ensuring the Presence of Guidelines and Standards for the Development of Safe Products
a) Discuss with affected parties ways of securing funding to allow the continuation of the principal infant products safety standards. b) Consider and prepare for the alternative approach of using appropriate c) d) e) international standards in the event sufficient funding for continued standards is not available. Seek ongoing industry commitment to manufacture and supply to infant products safety standards, and to enforce compliance with those standards where possible. Incorporate into standards development the concept of a product safety life-cycle as it would apply to second-hand and products with a long life-span. Investigate and make appropriate recommendations to the Minister on the introduction of mandatory standards for prams and strollers, cots and cigarette lighters.
4. Strengthening Business Self-Regulatory Activities
a) Work with the Infant Products Association in ensuring the supply of safe infant b) c) products to New Zealand consumers. Work with the infant products industry to identify the most appropriate single, readily understandable safety mark for infant products. Secure traders’ agreement to provide point-of-sale information, both for new and second-hand products. 4

AN AGENDA FOR ACTION 5. Informing and Educating Consumers about Safe Use
a) Help develop a code of practice for infant products traders which will enable appropriate information to be supplied to consumers purchasing infant products. b) Investigate the use of permanent, informative symbols about safe product use to c) overcome English language difficulties for some groups. Undertake an education and publicity campaign aimed at all parents and caregivers, and targeting at-risk consumers,  publicising the benefits of standards compliance,  seeking parents and caregivers assistance in reporting all product safety incidents, and  reminding them of their responsibilities towards supervision and safe use of infant products. 5

COMMENTS ON AGENDA FOR ACTION COMMENTS ON AGENDA FOR ACTION
The General Manager Ministry of Consumer Affairs PO Box 1473 Wellington FREEPOST 82516
(By no later than 24 April 1998)
I wish to make the following comments in response to the Discussion Paper: Other strategies that are also appropriate are, and they can be implemented by: I (or my organisation) can contribute to the strategies for Infant Products Safety by: Name: Address: Contact Details: (Tel) ( (Fax) ( ) (Email) ) 6

DISCUSSION PAPER, THE MINISTRY, AND THE FORUM DISCUSSION PAPER, THE MINISTRY, AND THE FORUM
This paper sets out  information about the Ministry of Consumer Affairs and its role in achieving safe products and safe use  the issues considered by the Infant Products Safety Forum and the implications these issues may have for action in New Zealand  the approach taken to infant products safety in a number of other countries (Appendix 1), and  includes relevant extracts from the Ministry’s policy paper, Mandatory and Voluntary Product Standards, which summarises issues relevant to the introduction of mandatory standards (Appendix 2) and  a record of presentations made at the Forum (Appendix 3).
The Ministry of Consumer Affairs exists to promote a fair and informed marketplace. As part of this function, it administers the Fair Trading Act 1986. Part of the Act deals with product safety and gives the Minister of Consumer Affairs power to declare products ‘unsafe’, to make mandatory product safety standards, and to order compulsory recalls. All these powers have been used and will be used in future if necessary to achieve safety. As part of its ongoing responsibilities, the Ministry maintains a consumer safety function which monitors unsafe products through the receipt of consumer complaints, investigates these products and seeks suitable remedial action from the manufacturers, suppliers and retailers. The Ministry also engages in ‘proactive’ examinations of consumer products in the market. In the year to 30 June 1997, the Ministry received 176 complaints. Of these, 69 were investigated. The remainder were considered minor in nature (but entered in the Ministry’s database for future reference). Of the complaints investigated, two related to infant deaths and 11 to infant injuries associated with use of consumer products. The Ministry also participates in the development of standards for several key safety areas. In addition to the current mandatory standards for toys, children’s nightclothes 7

DISCUSSION PAPER, THE MINISTRY, AND THE FORUM
and children’s bicycles 1 , the Ministry’s voluntary standards development work includes cots, prams and cigarette lighters. The Ministry overviews other standards activities including bunks, high chairs and playground equipment. From 1 October 1997, the Ministry merged its trade measurement and consumer safety functions. With no additional resources available to it, this has allowed the Ministry to draw on the skills, experience and regional presence of staff. The efficiencies created by this merger will mean a greater local presence for consumer safety investigations - both reactive and proactive. Furthermore, with both a national presence and a focused commitment at the Ministry’s Head Office, a greater level of media activity and a renewed urgency to remove unsafe products from the market can be expected. The Ministry will not hesitate to recommend recalls and banning in appropriate cases.
Recalls
Section 32 of the Fair Trading Act 1986 authorises the Minister of Consumer Affairs to require a trader to recall any goods that will or may cause injury to any person, where this is established as a matter of objective fact. This authority includes the power to require the trader to publicly disclose the nature of the fault, or the nature of the circumstances in which the product is unsafe, and require the trader to repair or replace the product, or refund a reasonable amount of the purchase price to the consumer. Organising a mandatory recall can itself take a long time, as it involves investigation, negotiation and discussion to ensure that the terms of natural justice are fully met. However, most recalls are undertaken voluntarily by traders when they become aware of a faulty product or part. The provisions of the Fair Trading Act allow the Minister to institute a mandatory recall if such a voluntary recall is taking too long. Recent experiences have indicated that some traders are not adopting a sufficiently urgent approach to their recalls. Delays in securing and repairing/replacing all defective products add to the chances that further incidents and injuries may result.
Product bans
Section 31 of the Fair Trading Act 1986 also authorises the Minister of Consumer Affairs to ban any goods or classes of goods that will or may cause injury to any person. Such a ban remains in force for up to 18 months, and may be continued indefinitely after that. This provision has been used sparingly over the last 11 years. It is notable, however, that the banning power may be used by the Minister where it appears to the Minister that the product in question will or may cause injury to any person. This is a subjective test as compared to the objective test required for mandatory recalls. 1 Mandatory standards are enforced by the Commerce Commission. It is a breach of the Fair Trading Act to sell $30,000 fine for individuals.
8

DISCUSSION PAPER, THE MINISTRY, AND THE FORUM
The Infant Products Safety Forum was convened by the Minister of Consumer Affairs. The purpose was to see that the most effective framework is in place to ensure the safety of infant products, and their safe use, in New Zealand. It also coincided with changes in the way the Ministry operates its consumer safety function, and changes in the way Standards NZ is funded. The objectives of the Forum were to:  enable interested parties to share their expertise and ideas about how best to ensure the safety of infant products, and to assist the Ministry in developing its safety strategies  develop a common understanding among interested parties of the issues relevant to the development, maintenance and enforcement of mandatory and voluntary standards  ensure that all those who might have a role in ensuring safety understand and fulfil that role  generate public discussion and debate about safety at a more informed level if future tragedies occur. 9

DISCUSSION PAPER, THE MINISTRY, AND THE FORUM
Presentations were made on the following:
Topic
The Goal - Safe Products, Safe Use for New Zealand Consumers Self-Regulation - an industry perspective Infants Products and Injuries - New Zealand Statistics Injuries Associated with Nursery Furniture - Australian Survey Findings Standards for Nursery Products. Why Are They Necessary? Mandatory Product Safety Standards - An Enforcement Perspective The Role of the Infant Products Association and Its Members in Ensuring Infant Products Safety Children's and Nursery Products - A Manufacturer’s View
Presenter
Keith Manch Bob Ainsworth Dr Chalmers David Dr Joan Ozanne-Smith Dr McAulay Kaye Rachel Leamy Dennis Chan
Organisation
Ministry Consumer Affairs of NZ Association Juice Otago University Monash University Standards Zealand Commerce Commission New Infant Association Products Infant Products and Healthcare Infant Products Safety - A Maori Perspective John Highsted Shelley Hanifan Druis Barrett Britax Child-Care Products Ltd Starship Hospital / Safekids Maori Womens Welfare League Pacifica Infant Products Safety - A Pacific Islands Perspective Infant Products Safety - Working with Families Tafa Poutoa Sue Campbell Plunket Attached as an appendix to this discussion paper is a summary of each paper prepared by each of the speakers. There is also a separate document (Part II of this discussion paper) available that contains full copies of presentations. During discussions following the presentations, questions were asked about:  the current regulatory framework  the use of the ‘S’ Mark  the use of non-New Zealand standards  the availability of statistics by ethnicity  data about non-hospital admissions 10

DISCUSSION PAPER, THE MINISTRY, AND THE FORUM
 compliance costs  broader use of products  recalls  improved ways of reaching Maori and Pacific Islands mothers. A general discussion took place about the perceived need to:  educate parents and child-minders about the safe use of infant products (as well as ensuring the products themselves were safe)  take more account of the requirements of a multi-racial community  sell products, whether new or second-hand, with information about their use  provide point of sale safe-use information  anticipate the unexpected, as often occurs with children. Workshops were convened on a number of key issues seen as relevant to achieving safety. These workshops covered:  information for traders  information for parents  product safety standards. The following section of this discussion paper reports the points raised by participants and draws on them to identify suggested appropriate programmes for action. Based on the workshop topics set out above, this occurs under the headings:  Issues for Traders  Issues for Consumers  Product Safety Standards 11

ISSUES, DISCUSSION AND SUGGESTIONS FOR ACTION ISSUES, DISCUSSION AND SUGGESTIONS FOR ACTION
Issues  Safety attitudes need to start at the beginning - with manufacturers.  Trader education was perceived as essential, especially for traders of second-hand goods, chain stores (and particularly ‘point-of-sale’ staff), creche operators, motel owners or others who might supply infant products as part of another service.  Community-based education is an effective way of getting to local traders (as well as parents).  Information about safe construction and use of infant products is often missing from second-hand goods. Ways need to be found to ensure that all essential safety information accompanies such goods.  Some traders do not have the time, staff or expertise for instructive selling.  There are ongoing safety problems with children being carried in supermarket trolleys.  There appears to be a confusing number of safety identification marks.  Traders need to have a greater awareness of the needs of low income, Maori and Pacific Islanders, and consumers who may be placed at an increased risk because of their limited resources, poor understanding of English, and their greater shared use of products.  The existence of some (more) mandatory standards would help set minimum safety levels. Discussion Traders form the vital links in the safety ‘chain’. They manufacture, import, distribute or retail the products purchased for use by infants. At the retail end, they act as the point of contact for both the consumers and with the manufacturers and suppliers. They are the ‘eyes and ears’ of the manufacturers and become the principal sounding board for consumers who may be dissatisfied with the quality and safety of the products purchased. 12

ISSUES, DISCUSSION AND SUGGESTIONS FOR ACTION
Traders need:  to have information about their responsibilities under the Fair Trading and Consumer Guarantees Acts, and existing and new measures established to improve products and their safety (both standards and ethical practices)  to remain up-to-date with safety features, product problems and recalls  to maintain an effective recording system in order to ensure that all staff are well informed and product history is known and can be communicated to manufacturers and subsequent inquirers. Traders also need:  to be continually reminded that their customers are individuals with different needs and from varied backgrounds and experiences  to be able to communicate product safety information according to the consumers’ needs. These issues are inherent parts of good customer service and meeting legal obligations. Suggestions for Action  Formalise, and strengthen, the existing Infant Products Association to develop and monitor standards and guidelines for the supply of safe infant products to New Zealand consumers.  Develop a code of practice for infant products traders which will put systems in place to ensure (among other things) appropriate information is supplied to consumers purchasing infant products.  Develop and implement, with the agreement of relevant agencies, a single, easily identifiable and understandable mark for infant products to indicate safety.  Undertake a public education safety campaign with traders, targeting at-risk consumers. These suggestions for action are reflected in the "agenda for action". Is there anything that should be added? 13

ISSUES, DISCUSSION AND SUGGESTIONS FOR ACTION
Issues  There is little point-of-sale information for consumers at present and what there is can be misleading. The second-hand market has been completely missed in the provision of information.  The safe use of infant products is also associated with adequate parenting skills, and changing attitudes to safety.  Infant products safety cannot be guaranteed for the life of the product. Consumers need to know how to recognise a potentially unsafe product before it fails and injures the user.  Instruction booklets are of limited durability and can be easily lost. Key instructions should be attached to the product.  Instructions for a product’s use must reflect local, common usage - some existing instructions may not be realistic.  Traders and consumers need to be taught to ‘think safe’.  Important safety information should be conveyed pictorially because of cultural and language barriers to understanding.  More information is needed to identify the most urgent infant products safety issues.  Different remedies may be appropriate for different groups of traders and consumers.  Child safety needs a big media initiative (like the drink / drive campaign). Discussion Information as currently supplied with new equipment is not only sometimes seen as inadequate for the first user, but is often not available for subsequent users. Manufacturers’ information often contains advice on both assembly and use. This information can frequently be missing when products are sold second-hand. Ensuring key messages stay with the product, by such means as sewn-in labels etc, is an area for early attention. As well as the safety of both components and construction, consideration must be 14

ISSUES, DISCUSSION AND SUGGESTIONS FOR ACTION
practices and use, and heightened awareness of safe practices, may well change behaviours. Finally, the collection of accurate, comprehensive data on accidents and ‘near misses’ would assist traders and policymakers in designing products, in identifying priorities for Government intervention and in promoting safe practices. Suggestions for Action  Develop a partnership across traders (and the Infant Products Association), parents and child safety interest groups to achieve infant products safety.  Secure traders’ agreement to provide point-of-sale information, both for new and second-hand markets.  Undertake an education and publicity campaign aimed at parents and caregivers, seeking their assistance in reporting all product safety incidents to the Ministry of Consumer Affairs, and reminding them of their responsibilities towards supervision and safe use of infant products.  Investigate the use of pictorial information to overcome English language difficulties for some groups.  Undertake a small-scale study of General Practitioners to collect information on non-hospitalising injuries, consider the likely causes, and identify effective solutions.  Co-ordinate the information roles of all the various bodies involved in child safety education to maximise efficient use of resources. These suggestions for action are reflected in the "agenda for action". Is there anything that should be added? 15

ISSUES, DISCUSSION AND SUGGESTIONS FOR ACTION
Issues  There is a number of consumer safety standards which are about to be revoked because of a lack of funding. How / whether to continue supporting them, with funding from alternative source(s) needs urgent attention.  The role of international standards in determining New Zealand infant products safety should be examined to see whether they could offer a suitable / less costly substitute to New Zealand developed standards (which are, in any case, based heavily on international standards).  There seems to be a confusing proliferation of standards marks and labels.  The benefits of horizontal standards for infant products may outweigh the duplication of effort involved in creating safety standards for each product.  Standards development and amendment seems to take too long, and is prioritised regardless of the relevant injury data.  Standards development must have regard for both safe usage and common usage.  User education must be an integral part of standards development. For example, requiring safety harnesses for prams and pushchairs must recognise a need to educate consumers into using them.  Standards may lose their effectiveness as products age and change ownership.  Effective voluntary standards require a strong, committed industry.  A product that meets a standard (either mandatory or voluntary) is still not necessarily a safe product. This is because the coverage of a standard may not encompass all product uses and eventualities. Discussion New Zealand standards are based on international standards. When considering their application in this country, they have been either adopted unchanged or, by a process of consultation, changed to make them appropriate to New Zealand conditions. There is current discussion over how (or whether) Standards New Zealand’s (SNZ) ongoing support for a number of consumer safety standards can be funded from other sources, as SNZ is no longer able to fund their development from within its own obtained, especially through the infant products industry as a current beneficiary of the 16

ISSUES, DISCUSSION AND SUGGESTIONS FOR ACTION
existing standards. In the event that a number of current standards are revoked or allowed to lapse, the options for safety agencies such as the Ministry include drawing on appropriate international standards in recommending mandatory standards for Ministerial approval, or in determining whether infant products are unsafe. Product safety (mandatory) standards are relatively costly to make and to enforce. These costs are then met, as a cross-subsidy, by the taxpayer rather than by the purchaser of the product. Mandatory standards are only recommended by the Minister, for approval by the Governor-General in Council, after consultation with all those who are substantially affected by the proposal. This process can take many months. There are often cheaper and more effective options to mandatory standards available - for example by industry agreeing to comply with a standard, or through a consumer education campaign. For these reasons the Ministry has looked upon mandatory standards as a last resort - to be used only if other action would be ineffective or inappropriate and then only if it would actually solve a safety problem. A more detailed explanation of the Ministry’s policy on mandatory standards is contained in the Ministry’s Policy Paper No 2, Mandatory and Voluntary Product Standards. Suggestions for Action  Identify critical consumer safety standards and secure funding for their continued development and maintenance from sources outside of SNZ.  Strengthen the existing industry grouping (the Infant Products Association) and seek its agreement to pursue industry commitment to enforceable safety standards.  Address current and emerging standards in the context of second-hand products and the life expectancy of products. These suggestions for action are reflected in the "agenda for action". Is there anything that should be added? 17

APPENDIX 1 APPENDIX 1
NEW ZEALAND
The main powers of the New Zealand government in the area of consumer safety are set out in the Fair Trading Act 1986. The consumer safety provisions of the Act underwent significant alteration in 1997, resulting in the Fair Trading Amendment Act 2 . The main concern of the amendment was to allow for more than one standard to be declared mandatory for a product or service. There are three ways in which the government may deal with products causing concern in the consumer safety area. 1. The Governor General may, on recommendation from the Minister of Consumer Affairs, make regulations prescribing mandatory product safety standards. The Governor General may also make regulations declaring an official standard (overseas or domestic in origin) or part of an official standard as a product safety standard. Once a mandatory standard is in place it is an offence to supply goods which do not comply with the relevant standard. There are three mandatory standards in place currently. These standards relate to the sale, manufacture and importing of toys, children's nightclothes, and bicycles.  The safety standard for toys requires that those intended for use by children under three years of age should not be of a size that creates a hazard if swallowed or inhaled, or have small parts which can break off and create a hazard. (Requirement to comply with the New Zealand Standard NZS 5822:1992.)  The standard for children's nightclothes (6 months to 14 years of age) requires that nightclothes should be made of a fabric which has a low fire danger or made in a form-fitting style to reduce fire danger. (Requirement to comply with the New Zealand Standard NZS 8705:1989.)  The safety standard for bicycles requires that the assembly and components of bicycles meet certain minimum specifications. It applies to fully and partially assembled pedal bicycles (as well as those in a disassembled state), with a wheel base of 640mm or more, designed and intended for normal road use. (Requirement to comply with the Australian Standard AS 1927-1989.) Under section 29 of the Fair Trading Act 1986 it is a criminal offence to supply goods that do not meet a mandatory product safety standard. This is punishable by a $100,000 fine for a company and a $30,000 fine for individuals. 2 no. 43, 28 July 1997 i

APPENDIX 1
2. The Minister may declare products to be unsafe goods. Where it appears to established among the major manufacturers and importers of infant products in May 1996. The IPA was established to promote the sale and distribution of safe infant products and to educate and foster the exchange of ideas within the infant products industry. As part of these aims the IPA has adopted a voluntary industry standard for baby walkers. However, the Association has not, to date, been very active. Action is currently underway to revitalise it. the Minister that a good or class of goods will or may cause injury, the Minister may, by notice in the Gazette declare the goods unsafe. The effect of this notice is to ban the product by making it an offence to supply the good which has been declared unsafe. This notice will remain in force for 18 months. After this time the ban may be made permanent. 3. The Minister may order a compulsory product recall. Where a supplier does not comply with a product safety standard or the goods in question are of a kind which will or may cause injury the Minister may require the supplier to recall the goods and disclose to the public information relating to the characteristics of the goods or the circumstances where the use of the goods, is unsafe. There have been no mandatory recalls ordered in the last five years. However several voluntary recalls have been undertaken by suppliers in co operation with the Ministry. Some infant products voluntarily recalled by suppliers in the last five years, include strollers, cots, portable cots and rattles. Under section 33 of the Act, the importation of goods which contravene the consumer safety provisions is prohibited. There are also several voluntary associations and standards active in the infant products area. A recent example of voluntary infant product safety standards includes the joint Australian and New Zealand standard for cots (AS/NZS 2172) which specifies material, constructional and design requirements for cots. In addition, AS/NZS 2088 contains requirements for the construction and performance of prams and strollers 3 . The Ministry of Consumer Affairs has worked with traders towards industry standards for prams, strollers, and cots. In addition, the Infant Products Association (IPA) was 3 Watson, W. Ozanne-Smith, J. Begg, S. Imberger, A. Stathakis, V. Ashby, K. (1997) "Injuries Report. ii

APPENDIX 1 AUSTRALIA
Under the Trade Practices Revision Act 1986 (an amendment to the principal Trade Practices Act 1974), there are several actions the Federal Government may take to protect the consumer. Under section 65B of the Act the Minister may publish a public warning notice containing a description of a particular type of product under investigation and warning of possible risks involved in the use of those goods. The Minister's main powers are described in section 65C which states he or she may :  Make regulations prescribing mandatory consumer product safety standards where that standard is reasonably necessary to prevent or reduce the risk of injury to any person.  Declare goods to be unsafe by notice in the Gazette, where those goods will or may cause injury.  Impose a permanent ban on goods where 18 months have passed after declaring the goods unsafe and there is no mandatory consumer product standard in respect of the product. Under section 65C (1) it is a criminal offence to supply goods intended to be used by a consumer if those goods do not comply with the relevant prescribed consumer product safety standards, or if the goods have been declared unsafe, or there is a permanent ban on those goods. In addition, under section 65F the Minister may initiate a Compulsory Product Recall of a product which will or may cause injury in itself or which is in contravention of section 65C. Finally, under section 65F (8) where a supplier undertakes a voluntary product recall or is required to recall goods by the Minister, the supplier must give notice to the Minister and those to whom they have sold the product stating the goods subject to recall and the nature of the defect or non compliance with consumer safety standards. Failure to give the required notice is an offence punishable on conviction attracting a fine not exceeding $10,000. Responsibility for consumer safety in Australia is divided among several different bodies:  the Consumer Affairs Division of the Department of Industry Science and Tourism (CAD)  the Australian Competition and Consumer Commission (ACCC)  the Consumer Products Advisory Committee (CPAC). iii

APPENDIX 1
States and territories also have their own bodies which are involved in the consumer safety area. The CAD carries the main responsibility for consumer safety. Its functions include developing safety and information standards, advising the Minister on the need to ban hazardous products and administering product recalls. The ACCC enforces compliance with the consumer protection provisions of the Trade Practices Act. In addition the CPAC, of which New Zealand is a member, advises the Ministers on the need for voluntary or mandatory product safety standards and the need to ban unsafe goods.
4 Australia has been very active in several infant safety areas. The Australian federal government has declared 2 mandatory standards for infant products (out of a total of 18 consumer products mandatory standards). These are for children's nightclothes (AS 1249 - 1983 as amended) and children's toys (AS 1647 Part 2 - 1981). In addition, states and territories have 20 mandatory standards which are enforceable only within the borders of that state (out of a total of 132 consumer products mandatory standards). The Minister has required three cot-related recalls since 1987. These recalls involved two standard cots and one portable cot. Three strollers have been recalled since 1987. Also, in New South Wales, eleven portable cots have been banned and in 1996 five cots were permanently banned, which has the effect of ensuring both new and second-hand cots of the specified type are effectively removed from the market.
5 There are also several voluntary standards including AS 3747, which requires a three point crotch strap and lap restraint to be fitted to all baby strollers, and AS 2195 for folding portable cots for use in domestic situations. In addition, recently the Infant and Nursery Products Association of Australia was formed among key infant product industry manufacturers. The Association's main aim is to establish an industry code of practice and to work with and advise the government on infant safety issues.
Trans-Tasman Mutual Recognition Agreement
The Trans-Tasman Mutual Recognition Agreement is an accord between the Commonwealth, State and Territory Governments of Australia and the Government of New Zealand. The Agreement is seen as a means of overcoming some of the regulatory obstacles to trade between the two countries in respect of the sale of goods and the registration of occupations. Under this agreement, goods that can legally be sold in one country will be able to be legally sold in the other. Goods need only comply with the standards or regulations in the jurisdiction in which they are produced or through which they are imported. The likely commencement date is early 1998. 4 Harland, D. in Micklitz, H-W. (1990) Post Market Control of Consumer Goods, Baden-Baden, 5 Above n3. iv

APPENDIX 1
However, a special exemption currently exists in respect of products covered by safety standards and bans. This is because of the differing approaches taken by each country to the use of mandatory product standards. During the 12 month period of the special exemption, both parties have undertaken to discuss ways of resolving the difference in approach. A special exemption may be renewed for up to five years while solutions are negotiated, before either lapsing or becoming permanent.
CANADA
There are several bodies involved in the consumer safety area within the Canadian government. The Office of Consumer Affairs is responsible for all federally regulated consumer issues not specifically assigned to another department. These regulations are enacted by the Governor in Council under the Hazardous Products Act. In addition, the Governor may insert any consumer good he or she is satisfied is, or is likely to be, a danger to the health and safety of the public into the Schedule of the Act. Once the product has been inserted into the Hazardous Products Schedule, by definition it becomes a hazardous product. If the product is inserted into Part One of the schedule it is prohibited from being advertised, sold or imported into Canada now and in the future. Conversely, if the product is inserted into Part Two of the schedule it is only able to be sold if it conforms to prescribed standards. In the area of infant products, several types of rattles cribs and playpens have been inserted into Part Two of the Schedule and are therefore required to conform to certain specified standards. Continuing to sell a product in Part One of the Schedule, or failing to comply with the prescribed standards relating to a product in Part Two of the Schedule, attracts criminal sanctions in the form of a $1,000 fine, imprisonment for no more than six months, or a combination of both penalties. In the area of infant products there have been several significant developments where the Hazardous Products Schedule has been put to use. Since 1985, the sale of cots that do not comply with safety standards in the Hazardous Products Act has been prohibited. It is important to note that the standards apply both to new and resold products and therefore it is illegal to sell even a second-hand cot which does not comply with the required safety standards. New baby walkers have effectively been banned from being sold as the safety standard for walkers requires the base to be at least 900mm and manufacturers of these products were unwilling to redesign the walker for the relatively small number of sales in Canada 6 . In addition, the Product Safety Program (PSP) is responsible for establishing and enforcing regulations specified in the Hazardous Products Schedule of the Act. This body has three distinct functions. Firstly, the PSP has several regulatory functions, including developing regulations and guidelines for products, monitoring compliance with standards, and initiating corrective measures where a company does not comply with the Act. The PSP is also responsible for several voluntary programmes, which 6 Above n3. v

APPENDIX 1
have the function of developing voluntary standards, testing products and providing advice and consultation on standards in general. Finally the PSP has a role in providing information to the public, in the form of public warnings, promotions, exhibits, reports and guidelines. An important initiative in the area of infant products established by the PSP is the Product Safety KidsCare office, which recently launched a campaign on lighters and matches and their availability to children 7 .
GERMANY
The powers of the German government to protect the consumer are set out under the Law of the Safety of Equipment. This law was altered in 1986 to extend to matters of consumer protection 8 . Under section 3.1 of the Act suppliers are under a general safety duty to supply goods only if they are in accordance with the generally recognised "state of art" and regulations on industrial safety and prevention of accidents. Manufacturers and importers have the opportunity to obtain confirmation they are complying the general safety duty by submitting the product to an authorised testing centre to undergo a design test. If the product passed the required tests, that company is then entitled to use the approved safety symbol GS to show that their goods have been tested and comply with the general safety duty 9 . The Law on the Safety of Equipment is enforced by decentralised Trade Supervisory Offices. The main emphasis of these offices is at exhibitions and shows. At these initial marketing stages the offices aim to protect the consumer by preventative rather than reactive hazard detection. These offices also administer targeted market controls where materials have proved themselves particularly accident inductive or dangerous. In using these targeted market controls the offices have tended to concentrate on items such as infant products, which are designed for use. In aggravated circumstances, the Trade Supervisory Offices may initiate prohibition orders against the manufacturer. Before a prohibition order is imposed, the Law requires that the defect must constitute a danger to life or the health of the user, given proper use of the product. The stringent requirements of the Law have meant that prohibition orders have been used very infrequently. More commonly the offices will require the trader to issue instructions on the defect which has been found in the product, change the design of the product or the use instructions, or remove the defect within a specified time. German authorities have initiated several measures in the area of infant products. These actions include the establishment of a European Standard for children's cots, which includes safety requirements and testing procedures. However, like the United States’ standards, the use of broken cots in the home is outside such controls.
10 7 OECD (Organisation for Economic Co-operation and Development) (1995) Consumer Policy in OECD countries. 8 18 February 1986, BGBl. I, 265. 9 10 Above n3. vi

APPENDIX 1 UNITED KINGDOM
The United Kingdom system of consumer protection closely resembles that of other European Community countries. Firstly, under section 12 of the Consumer Protection Act 1987, a person is guilty of an offence if they supply consumer goods which are prohibited by any safety regulations made under this Act. These regulations are specific and refer to a particular type of goods. Many of these regulations were made as a result of European Community Directives and require that a supplier comply with certain safety standards. Some safety standards referred to in these regulations are known as harmonised standards and apply throughout the European Union. At present, there are several regulations for infant products including safety requirements for the construction of cots (BS/EN 716-1 1996), for wheeled child conveyances (BS 7409 1996) 11 and BS 5665/ EN 71 for toys. In addition, a supplier must also comply with the General Product Safety Regulations (1994). These regulations superseded the general safety requirement imposed in section 10 of the Consumer Protection Act, which aimed to impose a general duty on suppliers to supply safe goods. These general product safety regulations (GPSR) cover situations where an aspect of safety is not covered by the relevant Directive, or a product complies with existing specific safety regulations but is still found to be unsafe. The GPSRs also apply to most second-hand goods. It is an offence under these regulations to supply unsafe products. A person (manufacturer, supplier, distributor, or individual) will fail to comply with the general safety regulations if the product is not reasonably safe having regard to the circumstances. These circumstances include:  the manner in which the goods are marketed  whether the good complies with any standards of safety which apply to the goods in question  whether any instructions or warnings are given  effect on other product it is used with The enforcement of compliance with safety regulations is undertaken at a local level by Trading Standards Authorities in each area rather than at a national level. Under section 14 (1), if an enforcement authority reasonably suspects a trader is supplying goods in contravention of a safety provision, the authority can serve a suspension notice to prevent the trader from disposing of stock for six months. The local authority can also apply to the court for forfeiture of unsafe goods. In addition to the powers of local enforcement authorities, the Secretary of State may prohibit goods which are unsafe or do not satisfy requirements of regulations. This prohibition notice consists of a ban on an identified trader in respect of a specified product and carries a maximum fine of £2,000, summary conviction and up to six months imprisonment if the trader continues to supply the unsafe goods. Also, under 11 Above n3. vii

APPENDIX 1
section 13 (1)(b) the authority has the power to require manufacturers and distributors of goods, which were found to be dangerous after they have been sold, to publish notices warning the public of the danger. In addition, the Secretary of State may make Emergency Orders to ban certain items. However, in contrast to many other systems, no body has the power to order manufacturers to recall dangerous products. In addition to work done by the local enforcement authorities and the Secretary of State, there are also several voluntary codes of practice in place which deal with infant safety. For example, the British Standards Institution has developed a voluntary safety standard for baby walkers, which recommends safety warnings be placed on both the product instruction sheet and the packaging of the walkers.
12
UNITED STATES
Under the Consumer Product Safety Act, 13 the Consumer Product Safety Commission (CPSC) has wide powers to deal with consumer safety issues. The CPSC may develop mandatory product safety standards for any consumer product. These standards consist of requirements as to performance, composition, contents, design, construction, finish, or packaging of a consumer product. The standard may also require that the product be marked with, or accompanied by clear and adequate warnings or instructions. In the area of infant product safety, mandatory standards for both full-size and non-full size cots have been in place since 1973. These standards include requirements for the side height of cots, the slat fit and the fit of the mattress to the cot. In 1982 these standards were amended to include requirements that prohibited hazardous cut-outs in cot end panels. In addition, baby walkers have been subject to a mandatory standard since 1971. Neither of these standards addresses products currently in use or being retailed second-hand.
14 There are also mandatory standards for children's night-clothes which have been in force for several years. However, there are no mandatory standards for prams, strollers, high chairs, and change tables. Also, no standards, voluntary or mandatory, exist for bunk beds. The CPSC may also ban any product currently or planned to be distributed. However, this power may only be used where there is no feasible consumer product safety standard that would adequately protect the public. The product must also present an unreasonable risk of injury. In the period between January 1995 and July 1997, the CPSC has recalled 16 cots and cot-related products. There have also been at least 5 baby walker related recalls in that period 15 . Under section 19 of the Consumer Product Safety Act it is an offence to manufacture, sell, import, or distribute any product not in conformity with the applicable mandatory consumer product safety standards. It is also an offence to manufacture, 12 Above n3. 13 October 27 1972, Laws of 92nd Congress, second Session. 14 15 Above n3. viii

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sell, import, or distribute any product which has been declared a banned hazardous product. Recently, the CPSC initiated proceedings against Big Save International Corporation of Los Angeles for importing more than 70,000 banned or mislabelled baby walkers, pacifiers, rattles toys and other products 16 . If found guilty this company faces a fine not more than $50,000 or (in the case of an individual) being imprisoned for not more than one year. The company may also be sued in the Civil Courts which carries a fine not exceeding $2,000 for each violation. Outside their powers under the Act, CPSC has been involved in the development of voluntary standards (ASTM 17 ) for full size baby cribs. There is also a voluntary Standard Consumer Safety Performance Specification for infant walkers which addresses seating systems, folding mechanisms and problems of tip-overs. This standard requires that instructional literature must accompany the walker and that one or more warning labels must be attached 18 . In addition, the CPSC has established the "Kids Matter" programme which is a public service designed to give parents the information they need to help keep their children safe and prevent accidental injuries 19 . Also, on April 17 1997, the CPSC launched a "Recall Round-Up" campaign to rid homes of hazardous products which urges consumers to rid their homes of common items that have been deemed dangerous to children. The campaign included broadcasting examples of banned products which may still be present in consumers' homes despite recall notices and public warnings 20 . In addition to the work the CPSC does in the area of infant safety, the Juvenile Products Manufacturers Association (JPMA) also has a significant role. The Association, in conjunction with industry members, consumer groups and CPSC, has developed standards and tests for a wide range of infant products. These standards, which are written by the ASTM, cover products such as high chairs, play yards, walkers, carriages and strollers and full size cribs. In order for a manufacturer to become JPMA certified the product must be tested by an independent testing facility for compliance with the relevant ASTM standards. Once certified, that manufacturer is entitled to label the product with a JPMA Certified mark.
The OECD Committee on Consumer Policy is at present the sole intergovernmental consumer policy forum. This committee has been a driving force behind the development of global consumer policy in OECD countries by facilitating exchange in information and experience on consumer issues in individual Member countries and also in regions such as the Economic Union. 16 Http://www.kidsource.com/cpsc/big.save.html 17 originally known as the American Society for Testing and Materials 18 Above n3. 19 20 Http://www.pirg.org./cal...r/products/recall97.htm. ix

APPENDIX 1
As part of the committee's work on consumer safety a Working Party on the Safety of Consumer Products was established in 1972 to deal with safety questions concerning all consumer products with the exception of food and drugs. This working party, now called the Working Party on Consumer Safety, has several important aims:  To promote the safety of consumer products and services in all Member countries  To promote the exchange of information between Member countries on product safety  To encourage co-ordinated approaches of Member countries to product safety and to promote international co-operation in that area  To promote the development of systematic methods for assessment and monitoring of the safety of consumer products. The Working Party has developed into a driving force for the promotion of international co-operation in the product safety field and its results have in many cases had a major impact on work at a national level. The Working Party's main function is to deal with consumer safety policy issues of a general character. Examples of current projects are:  Safety Labeling in a Global Marketplace  Improving OECD Notification Procedure  Standardisation for Trans-border Trade. The Working Party also provides a platform for regular and continuous exchange of information on concrete problems arising in Member countries. In order to promote the exchange of information between countries the Working Party, in conjunction with the New Zealand Ministry of Consumer Affairs, has established an informal notification system called Prodsafe. This procedure involves notification of important national product safety measures undertaken nationally by Member countries such as :  New safety regulation and similar measures concerning consumer safety  Immediate hazard reaction measures such as product bans and recalls of products already on the market.  Research projects in the product safety field which have been initiated by, or come to the knowledge of Member countries product safety authorities. The procedure, which has been in place since 1973, has generated around 900 speed up the exchange of this information, the notification system has now been x

APPENDIX 1
established on the internet and is hosted by the New Zealand Ministry of Consumer Affairs. This notification procedure has been a crucial element in facilitating international co operation among Member countries in product safety. The value of this procedure is not only as an early warning system but also as a basis for discussions and exchange of information between Member country delegates during and after Working Party meetings. Frequently the notifications have lead to similar action being taken in other Member countries. The importance of the notification procedure is demonstrated in the fact that three Council Recommendations in the product safety field refer to the procedure as an important platform for international co-operation.
This arrangement was established in October 1996 to provide a mechanism for the exchange of information on toy safety between APEC member countries, of which New Zealand is a member. The aim of the arrangement was to facilitate the trade of toy products in the region and to reduce the risk to the health and safety of children in the APEC region arising from toys. As part of the arrangement member countries agree to exchange all relevant information on any risks to health and safety of children which have arisen from hazards associated with toys. Where member countries identify a specific safety issue relating to a toy originating in another participating country, they consult with that country to reach a satisfactory solution.
Comment
Internationally there is an increasing tendency towards less government regulation in commerce, and more negotiation, co-operation and self-regulation. This follows the trend towards freer trade and the breaking down of regulatory trade barriers. Accordingly, particular consideration needs to be given to the effect that any new regulation might have on trade - regulations that act as trade barriers have to be avoided. There may also be unacceptable costs associated with excessive regulation. Businesses incur these as compliance costs which are in turn passed on to the consumer. Nevertheless, commitment to free trade and reduced compliance costs has to be balanced by the need to ensure consumer safety is not compromised. How to strike the right balance, one that gains general support, is a critical issue for all interested parties. xi

APPENDIX 2 APPENDIX 2
Issues relevant to whether standards should be mandatory or voluntary:  barriers to trade  unnecessary compliance costs to businesses which may ultimately flow on to the consumer and costs of making and enforcing mandatory standards which will have to be borne by the taxpayer  where there are a large number of suppliers, the members of an industry cannot agree on a standards or the problem is wider than the scope of a specific industry group a mandatory standard may be more appropriate  is industry solely responsible for safety, or should the government bear some of the burden? The Ministry of Consumer Affairs generally expects voluntary action to be taken and will only make a recommendation for mandatory standards where all the following criteria are met:  there is a proven problem with the safety of a product  an education or publicity campaign would be ineffective or inappropriate  voluntary action by suppliers of the product is not possible or would be ineffective  an unsafe goods notice or a compulsory product recall would not be sufficient to eliminate a safety problem or would be inappropriate  cost/benefit analysis demonstrates that the benefit in making a mandatory standard outweighs the cost. i

APPENDIX 3
(NOTE: A copy of the full papers presented is available from the Ministry of
Consumer Affairs, PO Box 1473, Wellington)
SUMMARY Keith Manch, Ministry of Consumer Affairs - Overview and Key Issues
A goal for the Ministry was ‘Safe Products, Safe Use for New Zealand Consumers’. Achieving this depended on an integrated strategy. It involved:  Partnership - an acknowledgment that all have a part to play in improving the safety of infant products  Government Involvement - a role as catalyst and facilitator with proactive monitoring of the market, complaints investigations, developing certain standards, networking nationally and internationally, educating and informing traders and consumers, developing policy, and encouraging self-regulation  Standards - the use of mandatory standards where they are seen as the best approach to achieving safety  Education - the distribution of material and the use of programmes and campaigns on specific areas of consumer safety  Information - the collection of data about injuries, product information and compliance strategies  Self-regulation - the establishment of codes of practice, monitoring and compliance frameworks administered by the relevant industries.
Bob Ainsworth, New Zealand Juice Association
Formed in 1994. Covers Fruit Juice and Fruit Drink Beverage companies. Major concern was adulteration of product (added sugar, concentrate, pulpwash). Growing factors, extraction and processing techniques, and legislation affect quality and authenticity of product.

Voluntary Code of Practice working with Food Regulations:  has infrastructure  has policing and sanctions  has public message  is flexible and cost efficient  promotes fair practice. Principles of fair practice:  creativity stops where adulteration begins  manipulations harm is the industry and consumer. Self Regulation through Industry Compliance Committee (ICC). Breaches of Code:  first breach - warning and further testing  subsequent breach/es - publish test results, advise government enforcement agencies, institute proceedings for damages. Benefits of Self-Regulation:  good and healthy image for the industry  minimises government involvement  ensures free and fair competition  gains internationally recognised standards  increases sales volume.

Dr David Chalmers - Injury Prevention Unit, University of Otago
35 infant product related deaths in NZ in the period 1985-1994.  94% of deaths comprised of children aged between 0 and 2.  Stationary cots and portable cots were responsible for 68% and bunk beds were responsible for 20% of infant product related deaths.  71% of infant product related deaths were as a result of suffocation and respiratory obstruction. 11% resulted from the infant being caught in or between an object. 2000 infant product related hospitalisations 1985-1994.  46% of infant product related hospitalisations involved infants between 0 and 2.  31% of those hospitalisations resulted from use of bunk beds, 7% from cots or portable cots and 37% from beds.  92% of infant product related hospitalisations were as a result of the infant suffering a fall. Of those falls 36% were from beds, 33% were from bunk beds.  43% of hospitalisations involved infants suffering head injuries, 36% of injuries related to fractured limbs and 8% of injuries involved a fractured skull.
Professor Joan Ozanne-Smith - Monash University Accident Research Centre
Injury Data:  Most common nursery furniture products associated with infant injuries are prams, cots, high chairs, baby walkers, strollers, change tables and bouncinettes  Injuries associated with nursery furniture are most likely to occur in the first year of life  Over 3,500 nursery furniture injuries are suffered by infants aged under 1 year  Of 13 deaths between 1985-1994, over 75% of those occurred from use of cots  Falls are the major cause of non-fatal injury.

Major Hazards:  Cots - entrapment , modifications, protrusions  Bouncinettes - falls  Babywalkers - falls involving steps and stairs  High chairs - inadequate restraints to prevent falls  Prams and Stroller - falls, entrapment asphyxiation, deficient safety harnesses or lack of use, overloading strollers with shopping  Change tables - lack of restraining devices to prevent falls. Key Recommendations:  Mandating of cot standard  Voluntary standards for baby walkers, high chairs and change tables  Increase compliance with voluntary standards via industry co-operation and public education  Mandating where voluntary standards are ineffective  Improved hospital data collection  Point-of-sale information about the correct use of products and the associated hazards for parents and caregivers  Community service television advertisements to support interventions.
Dr Kaye McAulay - Chief Executive Standards New Zealand
Standards NZ is the trading arm of the Standards Council. Its functions include:  developing standards and standards related publications  assessing products and certifying products for conformance to a particular standard  providing information services on standards  NZ's representative in the ISO and various other international standards organisations Standards are used as:

 a means of achieving safety and reliability of products  technical means of complying with regulations  guidance on good practice. Making use of standards in infant safety area:  provides manufacturer design requirements for preventing accidents  provides regulators with a practical method for defining minimum requirements  provides consumers with a benchmark for purchasing decisions  can be used with confidence as they have all been developed at the request of the community using public consultation processes and input from a wide range of interested groups.
Rachel Leamy - Commerce Commission
Role to bring about awareness, acceptance of and compliance with the Commerce Act and the Fair Trading Act, carried out via:  information provision, including guidelines on each of the product safety standards  complaint handling  enforcement  court action. Enforcement of Product Safety Standards:  product safety issues identified via complaints from public or competitors, information from other government agencies such as MCA or Customs Dept, or from pro-active inspection programme which Commission operates  use of investigation criteria, for example size and spread of consumer loss, repeated breaches of Act by traders, or need to clarify the law or provide a deterrent  if there appears to be a prima facie breach of a mandatory product safety standard the Commission will investigate the matter

 if an investigation establishes an apparent prima facie breach the Commission will take action in the form of a warning, obtain a settlement, negotiate a voluntary recall or take court action Mandatory standards do not guarantee safe products because:  non-complying goods are still sold  not all potential hazards are covered by the standard  standards only apply up to when the goods are purchased, not to modifications of the product or when warnings are not followed.
Dennis Chan - Infant Products Association
Mission Statement:  aim to advance the interests of the juvenile products industry  encourage use of its products  collect and disseminate information  promote safety awareness and voluntary standards  project a positive image to the industry to the public.
John Highsted, Britax Child-Care Products Pty - a manufacturer's point of view
Factors which enable the manufacturer to deliver safe products include:  knowledge of injury avoidance and familiarity with the product  design guidelines and minimum standard levels to support the designer and provide a means of evaluating a product, particularly as most children's products are imported  a quality system e.g. Certification  maintenance of quality to ensure all products meet the minimal level of safety Britax has sought testing for all of its product to ensure compliance and product safety

Some Australian and NZ companies import or manufacture without testing to determine the level of safety of their products. Britax recommends a mandatory standard for all popular children's products, similar to the Toy Standard:  requiring all products meet minimum safety standards. Low cost products not meeting standard would not be permitted, and any injuries would lead to further improvement of the standard  cover all manufacturers and importers  must be one standard appropriate to the identified risks not just taking on the CEN standard or acceptance of non-equivalent standards - which leads to confusion.
Shelley Hanifan, Safekids - Child Safety Service of Starship Hospital
The Spectrum of Prevention - A Framework for Planning Outlines a continuum of strategies which create a potent recipe for prevention work in childhood injury. Strategies:  Information - What's going on, Who's doing what, and How to information, research into injury patterns and risk factors  Building Coalitions and Networks - sharing information and combining efforts to create more effective prevention interventions  Strengthen Individual Knowledge and Skills - provide practical assistance to caregivers in the form of counseling education or knowledge  Educate the Community - to raise awareness about child injury issues, change public attitudes or provide prevention information  Educate Existing (and Potential) Providers  Change Organisational Practices to an increased emphasis on child injury prevention  Influence Public Policy and Legislation.

Approaches to the issue of infant products:  Gather information on the product in question, seeking information from overseas about their experience, opinion from those involved in implementation of safety controls, and soft data including opinions and preferences  Use networks to share information and raise awareness on the issue  develop strategies to improve the safety of the product  educate parents and families on an individual level  community education  educating people who sell the product to parents  raise awareness within the industry and encourage action to improve or ensure the safety of the product  approach government agencies to request appropriate intervention
Druis Barrett - Maori Women's Welfare League
Main objective to support Maori women and their whanau. Infant product safety is a holistic issue for Maori. Toys, cots, and highchairs are usually a luxury rather than a norm.  Maori usually purchase second hand equipment if any at all  a high proportion of Maori women are sole parent families and cannot afford safety products for their children. Safety issues are not a priority with most whanau. This is mainly because of their living standards, the location of Maori mothers and distance costs. We need to ask where Maori women are placed economically in view of safety standards.
Tafa Poutoa, Pacifica - A Pacific Islands Perspective
Tafa Poutoa emphasised the need for instructions to have graphics to reach Pacific Islands consumers as:  Pacific Islands consumers do not access information through printed form

 practical demonstration is the most effective way of providing information to Pacific Islands consumers. Pacific Islands consumers are unlikely to return a product to the retailer. From Pacific Islands perspective it is the responsibility of the retailer to demonstrate the safe use of a product.
Sue Campbell National Child Safety Co-ordinator for Plunket
Plunket is a leading child health provider and is well placed to deliver child safety information to the public. It has an active advocacy role in child safety issues. Plunket believes nursery products should come under mandatory standards as:  self regulating by manufacturers and importers is not working  there is no incentive for manufacturers and importers to certify to the voluntary product standard  the cost of standard certification is taking priority over child safety  this ensures optimum safety and public confidence in product safety