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Subject:
Safety of Children’s Clothing Relevant or Related Legislation 2. The Children’s Clothing (Hood Cords) Regulations 1976 (SI 1976 No. 2) 3. The Nightwear (Safety) Regulations 1985 (SI 1985 No. 2043) Key Facts 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 1994. 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. Frequently Asked Questions (FAQs)
Q1. I want to import a range of children’s clothing – what do I need to do? Q2. What are the requirements of the Children’s Clothing (Hood Cords) Regulations 1976? Q3. The garments I intend to supply are bigger than the size measurements specified in the hood cords Regulations – what Regulations will apply to them? Q4. What are the requirements of the Nightwear (Safety) Regulations 1985? Q5. Are there any British standards covering the safety of clothing? Q6. What happens if a piece of children’s clothing is found to be unsafe? Q7. What do I do if I believe that a garment my child has is unsafe? Q8. Do I have to submit the clothing I intend to supply for testing? Q9. Is there a list of test houses? Q10. Where can I get a copy of the various Regulations? Q11. Where can I get copy of the Code of Practice on children’s clothing?
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 1994. There is also a Code of Practice on the design and manufacture of children’s clothing to promote mechanical safety (see Q5). The Regulations are available from the Stationery Office (see useful addresses) and also available on the Stationery Office’s website: http://www.tso.co.uk
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:
The hood cord Regulations date back to 1976 when garments were closely fitted. Changing fashion to loose fit and wadded 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 size restrictions in the hood cord Regulations is covered by the General Product Safety Regulations 1994 in conjunction with the Code of Practice on the design and manufacture of children’s clothing (see Q5).
It is our view that under the General Product Safety Regulations it would be reasonable to expect that outer garments intended for children up to say, seven years of age, should not have cords drawn through the material of the hood. (A European standard which is currently under development provides that there should be no cords in the hood or neck area of garments intended for children under seven years of age).
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.
There is a British Standard Institution (BSI) Code of Practice which gives recommendations for materials, design and manufacturing to promote the safety of children’s clothing. The Code, reference number BS 7907:1997, is available from BSI – see useful addresses. You should check the latest position in respect of standards with BSI –see useful addresses.
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 can prosecute suppliers of unsafe products.
You should contact your local Trading Standards Department – see below under ‘Enquiries’.
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.
No. You should look in your local telephone book or contact your local trading standards department who may be able to give you the name of a local test house – see ‘Enquiries’ below.
Hard copies are available from the Stationery Office (see useful addresses). They can also be viewed on the Stationery Office website: http://www.tso.co.uk
Copies of standards and the Code of Practice are available from the British Standards Institution (BSI) – see useful addresses.
Enquiries
You should contact your local Trading Standards Department: http://www.tradingstandards.gov.uk which is responsible for enforcing safety legislation within your area.
You can find the address and telephone numbers of your local office under the above site by entering your local postcode. The address should also be listed in your local phone book.
Useful addresses The
Stationery Office Tel: 0870 600 5522 Fax: 0870 600 5533 Web: http://www.tso.co.uk British
Standards Institution Tel: 020 8996 9001 Fax: 020 8996 7001
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