DISCUSSION PAPER

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).

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 and children's bicycles, 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.

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.

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.

Presentations were made on the following:

Topic	Presenter	Organisation
The Goal - Safe Products, Safe Use for New Zealand Consumers	Keith Manch	Ministry of Consumer Affairs
Self-Regulation - an industry perspective	Bob Ainsworth	NZ Juice Association
Infants Products and Injuries - New Zealand Statistics	Dr David Chalmers	Otago University
Injuries Associated with Nursery Furniture - Australian Survey Findings	Dr Joan Ozanne-Smith	Monash University
Standards for Nursery Products. Why Are They Necessary?	Dr Kaye McAulay	Standards New Zealand
Mandatory Product Safety Standards - An Enforcement Perspective	Rachel Leamy	Commerce Commission
The Role of the Infant Products Association and Its Members in Ensuring Infant Products Safety	Dennis Chan	Infant Products Association
Children's and Nursery Products - A Manufacturer's View	John Highsted	Britax Child-Care Products Ltd
Infant Products and Healthcare	Shelley Hanifan	Starship Hospital / Safekids
Infant Products Safety - A Maori Perspective	Druis Barrett	Maori Womens Welfare League
Infant Products Safety - A Pacific Islands Perspective	Tafa Poutoa	Pacifica
Infant Products Safety - Working with Families	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

• 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