As of 1 August 2010, Ministry of Domestic Trade, Co-operatives and Consumerism (MDTCC) has enforced toy safety regulations? What was the purpose these regulations was drafted and enforced?
MDTCC have gazetted the following regulations:-
Consumer Protection (Certificate of Conformance and Conformity Mark of Safety Standards) Regulations 2010
Consumer Protection (Safety Standards for Toys) Regulations 2009;and
Consumer Protection (Safety Standards for Toys) (Amendment) Regulations 2010.
These regulations were enforced on 1 August 2010.
The main objective of these regulations come into force is to ensure that the toys supplied in Malaysian market is safe and to minimize potential hazards associated with toys resulting from their use in their intended play modes (normal use) as well as unintended play modes (reasonably foreseeable abuse). Children's are categorized as vulnerable group and they may be exposed to the usage of toys that are unsafe and could cause harm to them. MDTCC plays a major in ensuring these vulnerable groups are well protected.
What is the definition of toys? What type of products are considered as toys? Do the consumers understand what toys are?
Based to the toy safety standards, Malaysian Standard (MS), toys means any goods designed or intended for use in play by children less than fourteen years of age.
Who is responsible in making the choices when a toy is purchased? Parents or the child?
Normally it will be the child who chooses whichever toys to his / her liking. However, it will be the parents' responsibility to ensure the toys that are purchased for their children are suitable for their age and safe to be played with.
For the purpose of compliance to the enforced regulations, do the industry players need to go to Sirim QAS for reassessments or to obtain test report? Is there any other available laboratory that industry players could go to get their toys tested?
The industry may go to Sirim QAS to send their toys tested. However, the Ministry accepts any complete test report on toy safety standards issued by an accredited laboratory which is accredited by a competent agency and is a signatory to the Asia Pacific Laboratory Accreditation Cooperation (APLAC) and International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Agreements (MRA).
Malaysia has started implementing the regulations with the capacity of only one toy testing laboratory, Sirim QAS International (M) Sdn. Bhd. Currently, the number of testing laboratories has increased to four throughout Malaysia which includes SGS Laboratory Services (M) Sdn. Bhd., My CO2 Sdn. Bhd., NM Laboratory Sdn. Bhd. and a firewalled third party laboratory by Mattel (Malaysia) Sdn. Bhd. With the increment, this sector has opened up opportunity for employment and develops new areas for standard conformance.
Until today, how many companies or businesses that has registered their business activities with regards to toys to MDTCC?
During the initial implementation period, the Ministry has identified 78 major toy industry players (which include local manufactures, importers, and distributors) that were required to register their business activities with the Ministry. However, as of 24 December 2010, a total of 510 companies / businesses have registered with the Ministry. The details are as follows:
What is mark? Is it compulsory for the industry to mark / affix on their toys?
The MC mark is an abbreviation for Malaysian Conformity Mark. This conformity mark, MC is an indicator that a particular toy supplied or sold in Malaysia has conformed to the safety standards prescribed by MDTCC and is safe for consumers. The toys must be marked or affixed with the conformity mark, together with the registration number determined by MDTCC either on the product or packaging. The toys also must be marked and affixed with the name and address of either manufacturer, importer, distributor or any persons who conducts repackaging activities and some toys must be accompanied by warnings and information on precautions where necessary. The confomity mark, together with other requirements as determined by MDTCC must be marked or affixed in a visible, intelligible and indelible manner on their toys. It is an offence under the Consumer Protection Act 1999 [Act 599] if the conformity mark, is marked or affixed to goods other than those allowed under the Act 599.
What are the action that can be taken by MDTCC in the cases of noncompliance or offence?
Actions that can be taken under Section 23 Act 599 are as the following:
recall the prohibited goods;
stop the supply of, or the offer to supply, the prohibited goods;
stop the advertisement of the prohibited goods;
disclose to the public any information relating to -
the characteristics of the prohibited goods which render them unsafe;
the circumstances in which use of the prohibited goods are unsafe;
any other matter relating to the prohibited goods or the use of the prohibited goods as may be specified;
repair or replace the prohibited goods;
refund to any person to whom the prohibited goods were supplied the price paid or the value of the consideration given for the prohibited goods or any lesser amount as may be reasonable having regard to the use that that person has had of the prohibited goods.
Industries are subjected to compounds and penalties as follows:
If such person is a body corporate, to a fine not exceeding two hundred and fifty thousand ringgit, and for a second or subsequent offence, to a fine not exceeding five hundred thousand ringgit;
If such person is not a body corporate, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding six years or to both;
In the case of a continuing offence, the offender shall, in addition to the penalties under subsection (1), be liable to a fine not exceeding one thousand ringgit for each day or part of a day during which the offence continues after conviction.
Is there any measures or awareness campaigns have been conducted by MDTCC to promote and implement these regulations?
Awareness campaign has been carried out throughout Malaysia from the year 2008 and it was intensified in the year 2010 whereby huge media coverage was received on the implementation of toy safety standard regulations. Through the media coverage, most stakeholders were aware of the toy safety standards regulations and many of them came forward to seek for clarification and assistance in order to comply with the regulations' requirements. It is also a major achievement to Malaysia as it is the first implementation of self regulatory for consumer product under the Act 599. This approach does not require industry to hold license or undergo any approval permit procedures.
What are the advices that MDTCC could share with parents out there with regards to toy safety standards?
Self protection is important and parents must be responsible whereby they must be aware of the issues related toys safety and make sure the toys are bought taking into account the hazard or risks accossiated with the toys. Toys also must be suitable for a child's age.
Chemicals such as heavy metals founds in paints, coatings on the surface of toys contain lead which very toxic and can cause cancer and hinders brain development in small children. A child below 3 years old has the tendency to insert toys to their mouth and this can cause migration of heavy metal elements if the toys do not comply with the toy safety standards.
Further, small object such as small toys or component including soft toys' eyes, foam or knobs that breaks off or removed from toys can intend a choking hazard, ingestion or inhalation problem to children. Therefore parents must choose the suitable toys wisely.