Do you manufacture, import or sell babies’ dummies? If so, the following information is important for your business.

From the 12 December 2008 the Fair Trading Amendment (Babies’ Dummies) Regulation 2008 requires babies' dummies supplied in NSW to comply with certain requirements of the Australian Standard AS 2432-1991.

This means that if you supply babies’ dummies, whether you are a retailer, distributor or importer, you are responsible for ensuring that they comply with the regulation. Failure to do so is an offence under the Fair Trading Act 1987.   

The mandatory standard for babies’ dummies is based on Australian standard AS 2432-1991, published by Standards Australia and made mandatory by Fair Trading Amendment (Babies’ Dummies) Regulation 2008 under the Fair Trading Act 1987.

To aid compliance suppliers are advised to read and follow the Fair Trading Amendment (Babies’ Dummies) Regulation 2008 in conjunction with AS 2432-1991, which can be purchased from Standards Australia over the phone on 1300 654 646 (free call) or online at www.standards.org.au

Suppliers' responsibilities

This information summarises the mandatory requirements for babies’ dummies. It aims to increase supplier understanding of the coverage and application of the mandatory safety standard.

This information is of a general nature and may not cover all important qualifications or exceptions to the mandatory standard. Therefore suppliers should always seek professional advice or other appropriate verification to ensure their product complies.

Suppliers are responsible for ensuring their babies’ dummies meet the mandatory safety standard.

The coverage of the mandatory standard applies to babies' dummies supplied since October 2006.

Requirements of the mandatory standard

To comply with the mandatory standard, babies’ dummies must meet the requirements of AS 2432:1991 (as amended by the Fair Trading Amendment (Babies’ Dummies) Regulation 2008). Some of these include:

Design and construction (clause 6)

Shield dimensions (clause 6.2)

The shield shall:

(a) be of such size that the shield shall not pass through the opening in the test template when the dummy is subjected to a shield test (appendix C) and
(b) have a width that is at least 35 mm.

Ventilation holes (clause 6.4.2 (c) )

The shield of the dummy shall have two or more ventilation holes positioned symmetrically, whereby:

(i) the cross-sectional area of each ventilation hole is at least 19.6 mm²
(ii) periphery of each ventilation hole is at least 5mm from the periphery of the shield and
(iii) the distance between the geometric centres of the pair or a pair of ventilation holes is at least 15 mm.

Performance test requirements (clause 7)

Tensile test (appendix E)

When subjected to a tensile test, no part of a dummy shall become detached, torn, fractured, or broken.

Tear test (appendix I)

When subjected to a tear test, no part of a dummy shall become detached.

Packaging requirements (clause 8)

The dummy or dummies must be clean when packaged.

The package must:

• be a closed pack
• be designed so that the dummy or dummies are clearly visible in the pack and
• not contain any pin, ribbon, string, cord, chain, twine, leather, yarn or any other means of attachment.

Labelling requirements (clause 9)

Warning notice

The pack must bear a clear and legible warning notice which includes the following words or words that have the same meaning:

Note: the word ‘pacifier’ or ‘soother’ may be substituted for the word ‘dummy’ in the warning notice.

Instructions

The pack must include clearly legible instructions for the use and hygienic care of the dummy.

The pack shall be legibly labelled with the name and address of the Australian manufacturer or Australian distributor.

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Fair Trading's Product Safety Officers regularly check the marketplace for unsafe products and assess compliance with the various mandatory safety and information standards.

Where problems do occur with a product, Fair Trading has powers to instruct retailers or suppliers to remove the unsafe goods from sale and may require businesses to recall dangerous products.

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The following babies' dummies were detected as being unsafe in the product safety survey and were recalled from sale since June 2009.

Ai–Non baby pacifier

Due to the size of the shield and small ventilation holes the dummy may block the airways of a young child. In addition the ring on the dummy can detach and create a choking hazard.

Apple baby necessities

Due to the size of the shield and small ventilation holes the dummy may block the airways of a young child. In addition the ring on the dummy can detach and create a choking hazard.

Apple Healthy Baby pacifier

The shield of the dummy is of a size that can become stuck in a child’s mouth and block their air supply.

Apple Baby (new) series of necessities

The teat on these dummies can detach creating a choking hazard.

Baby Joy 2 pack orthodontic pacifiers

The shield of the dummy is of a size that can become stuck in a child’s mouth and block their air supply. 

Baby pacifier 2 pack

The shield of the dummy is of a size that can become stuck in a child’s mouth and block their air supply. In addition, during the tensile and tear test the teat and the ring became detached. These small parts present an unacceptable choking hazard to young children.

Crib Mates 2 pack pacifier

The teats on these dummies can detach creating a choking hazard.

Happy Angel dummy

The shield of the dummy is of a size that can become stuck in a child’s mouth and block their air supply. 

Pigeon Silicone pacifier 'Step 2' 5 months plus

The teat on these dummies can tear and detach creating a choking hazard.

Pinkie Baby's best need

The teat on these dummies can tear and detach creating a choking hazard.

Pinkie 'Oh, my first kiss'

The teat on these dummies can tear and detach creating a choking hazard.

Potato AQIN plastic dummy

The teat on these dummies can detach creating a choking hazard.

Smile Bear baby necessaries pacifier

Due to the size of the shield and small ventilation holes, the dummy may block the airways of a young child.  In addition the ring on the dummy can detach and create a choking hazard.

Smile Bear 3 piece nipples soother and chain

Due to the size of the shield and small ventilation holes the dummy may block the airways of a young child. In addition the ring on the dummy can detach and create a choking hazard.

Soother baby pacifier

The shield of the dummy is of a size that can become stuck in a child’s mouth and block their air supply. 

Toys dummy

The shield of the dummy is of a size that can become stuck in a child’s mouth and block their air supply. 

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Voluntary recalls occur when manufacturers and distributors act promptly, on their own initiative, to remove or rectify unsafe products that have been sold to the public.

If you organise a voluntary recall of defective goods, you must notify State and Territory Fair Trading and Consumer Affairs agencies, including the NSW Commissioner for Fair Trading, within 2 days of deciding to conduct a recall.

The NSW Commissioner for Fair Trading may also order traders or suppliers to conduct a mandatory recall where a product is shown to be defective or of a kind that may cause death or injury.

The Parliamentary Secretary to the Treasurer must also be notified of any recalls, whether mandatory or voluntary.

More information about product recall notifications can be found at www.recalls.gov.au

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If retailers and suppliers fail to comply with the mandatory standard requirements they may have to pay a fine of $550.  In serious cases, they may be prosecuted under the Fair Trading Act 1987. The maximum penalty, if convicted, under the Act is $22,000 for an individual or $110,000 for a corporation.

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NSW Fair Trading
Fair Trading general enquiries
Tel: 13 32 20
www.fairtrading.nsw.gov.au

NSW Fair Trading
Compliance and Enforcement Division
Product Safety Unit
Tel: (02) 9895 2049

To purchase copies of standards please contact:
Standards Australia
Tel: 1300 654 646
www.standards.org.au
Email: sales@standards.com.au

National Association of Testing Authorities (NATA)
Tel: (02) 9736 8222
www.nata.asn.au

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