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The Ministry of Business Innovation and Employment of New Zealand has recently notified the World Trade Organization (WTO) of a drafted proposal on updating the existing consumer product safety regulations that address flammability and safety issues related to Children’s Nightwear. The new Regulations are proposed to become effective 21 March 2016.

The drafted proposal of “Product Safety Standards (Children’s Nightwear and Limited Daywear Having Reduced Fire Hazard) Regulations 2016” ensures that all children’s nightwear (including some types of daywear) produced and designed are reducing danger from fire and injury. The Regulations classify children’s wear in relation to their flammability characteristics and show the appropriate required warning labels. The Regulations will be based on the adoption of the joint Australian / New Zealand standard AS/NZS 1249:2014 “Children’s nightwear and limited daywear having reduced fire hazard” and will replace the current 2008 regulations that adopted the superseded version of AS/NZS 1249.

The regulations apply to any person supplying, offering to supply or advertising the supply of children’s nightwear, including manufacturers, distributors and retailers. The joint Australian / New Zealand standard AS/NZS 1249:2014 specifies design, flammability performance and labelling requirements for four Categories of children’s nightwear garments, together with some daywear / underwear items that may be commonly used as nightwear (e.g. boxer shorts and size 00-2 knitted all-in-ones with pile or nap).

All children’s nightwear in New Zealand must carry a fire danger label that depends on four different categories set out in the standard. The categories are based on a garment’s design, type of fabric and the burn test results.

  • Category 1 – Garments made from fabrics with low flame propagation properties
  • Category 2 – Garments which are designed to reduce fire hazard
  • Category 3 – Predominantly knitted all-in-one garments in sizes 00-2
  • Category 4 – Garments with higher flammability risks which do not comply with categories 1 to 3

Manufacturers, distributors and retailers must comply with this mandatory standard. The standard applies to nightwear from size 00 up to 14. Children’s nightwear that falls into Category 1 to 3 must carry a new cautionary white label that includes the flame symbol. Category 4 garments must carry a red “High Fire Danger” label. Garments that do not meet the requirements of any of the categories are considered to have a very high flammability rating and are therefore unacceptable for use as nightwear.


WTO TBT Notification G/TBT/N/NZL/73: [1]

SGS- SafeGuardS 099/15: [2]

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