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1. The General Product Safety Regulations 2005 (SI 2005 No.1803) which implement the European Directive (92/59/EEC) on general product safety.
2. The Children’s Clothing (Hood Cords) Regulations 1976 (SI 1976 No. 2)
3. The Nightwear (Safety) Regulations 1985 (SI 1985 No. 2043)
Apart from the Regulations mentioned at 2 and 3 above, there are no other specific regulations covering the safety of children’s clothing. All other aspects of the safety of children’s clothing are covered by the General Product Safety Regulations 2005. These Regulations place a responsibility on businesses to supply safe goods. In assessing the safety of a product the courts would have regard to any relevant published standards and codes of practice.
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Q1. I want to import children’s clothing (other than nightwear) – what do I need to do?
The clothing must comply with any relevant safety legislation. Where there is no specific legislation, the safety of the product will be covered by the General Product Safety Regulations 2005. There is also a Code of Practice on the design and manufacture of children’s clothing to promote mechanical safety and a Standard covering cords and drawstrings in children's clothing (see Q5).
Q2. What are the requirements of the Children’s Clothing (Hood Cords) Regulations 1976?
These Regulations specify that the hoods of children’s outer garments must not be designed to be secured by means of a cord drawn through the material.
The Regulations define a child’s outer garment as:
‘a raincoat, overcoat, anorak or other garment suitable for use as outer wear having a measurement not exceeding 44 cm across the chest when the finished garment is laid out as flat as possible without distorting its natural two-dimensional shape and buttoned or otherwise fastened as it is designed to be in normal wear’.
The Hood Cords Regulations date back to 1976 when garments were closely fitted. Changing fashions to loose fit and padded garments means that many outer garments for young children fall outside the scope of the legislation – see Q3.
The safety of children’s outer garments exceeding the chest size specified in the Hood Cords Regulations is covered by the General Product Safety Regulations 2005 in conjunction with the Code of Practice on the design and manufacture of children’s clothing and the Standard covering cords and drawstrings on children’s clothing (see Q5).
Q4. What are the requirements of the Nightwear (Safety) Regulations 1985?
These Regulations prohibit the supply of children’s nightwear (other than pyjamas, babies’ garments and cotton terry towelling bath robes) that do not meet flammability performance requirements. The Regulations also specify labelling requirements.
Please note that since November 2008, a new European Standard for nightwear applies – BS EN 14878 – the requirements of which can be used for enforcement purposes under the General Product Safety Regulations. Although in general the requirements of the UK Regulations are more stringent than for BS EN 14878, there are some requirements of the European standard that are more onerous than, or different to, them. BERR has provided an Advisory Note on these differences, with suggestions on how to comply with both sets of requirements (click on the 'Nightwear (Safety) Regulations 1985' link above). This note is designed primarily for manufacturers, importers, suppliers and retailers. For consumers who may need a more basic explanation, please refer to the contact points provided in the 'Further Information' section of the Advisory Note.
Q5. Are there any British Standards or Codes of Practice covering the safety of clothing?
BS 7907:2007 is a Code of Practice which gives recommendations for the materials, design and manufacture of children’s clothing.
BS EN 14682: 2007 is a Standard which sets out the specification for cords and drawstrings in children’s clothing.
You should check the latest position in respect of Standards and Codes of Practice with the British Standards Institution (BSI) –see Useful Addresses below.
Q6. What happens if a piece of children’s clothing is found to be unsafe?
Day-to-day enforcement of safety legislation is the responsibility of local authority trading standards officers who have the necessary powers to take action if they believe a product to be unsafe. They can suspend unsafe products and if necessary prosecute the supplier.
Q7. What do I do if I believe that a garment my child has is unsafe?
You should contact your local Trading Standards Department via Consumer Direct – see Useful Addresses below.
Q8. Do I have to submit the clothing I intend to supply for testing?
This is a commercial decision for you - the Regulations do not require you to have clothing tested. However, you are required to supply safe goods and you may consider it advisable to have the goods you intend to supply tested.
Q9. Is there a list of test houses that undertake tests on clothing?
No. You should contact the United Kingdom Accreditation Service (UKAS) – see Useful Addresses.
Q10. Where can I get copies of the Regulations?
Hard copies are available from TSO (the Stationery Office) - see Useful Addresses. They can also be viewed on the TSO website: http://www.tso.co.uk
Q11. Where can I get copies of Standards/Codes of Practice?
Copies are available from BSI – see Useful Addresses.
Useful Addresses
TSO
PO Box 29
Norwich
NR3 1GN
Tel: 0870 600 5522
Web: http://www.tso.co.uk
BSI
389 Chiswick High Road
London
W4 4AL
Tel: 020 8996 9001
Web: http://www.bsi.org.uk
UKAS
21-47 High Street
Feltham
Middlesex
TW13 4UN
Tel: 020 8917 8400
Web: http://www.ukas.com/
Consumer Direct
Tel: 08454 040506
