Consumer Protection Act

Toys (Safety) Regulations 1994

[GN 43 of 1994 – 11 March 1994] [Section 4(1)]

1. These regulations may be cited as the Toys (Safety) Regulations 1994.

2. In these regulations –

"essential safety requirements" means the requirements specified in the First Schedule;

"enforcement authority" includes an officer of the Ministry responsible for the subject of consumer protection;

"European standard" means a standard for toys which is applicable in the European Economic Community;

"manufacturer" includes a representative authorised by him;

"Mauritian standard" means the standard as defined in section 2 of the Mauritius Standards Bureau Act;

"safe", in relation to any goods, means such that there is no risk, or no risk apart from one reduced to a minimum, that any of the following will, whether immediately or after a definite or indefinite period, cause the death of, or any personal injury to, any person, namely –

(a) toys;

(b) the keeping, use or consumption of toys;

(c) the assembly of any toy, which is, or is to be supplied unassembled;

(d) any emission or leakage of any substance from any toy or, as a result of the keeping of the use of the toy;

"toy " –

(a) means any product or material designed or clearly intended for use in play by children under 14 years of age; but

(b) does not include products specified in the Second Schedule.

3. 

4. Every toy shall satisfy the essential safety requirements specified in the First Schedule.

5. Every toy supplied in Mauritius which is accompanied by a certificate of conformity with the European standard or Mauritian standard, as the case may be, shall be deemed to satisfy the essential safety requirements.

6. (1) There shall be put on every toy or on the package of a toy –

 (a) where it is manufactured in Mauritius, the name or trade name or mark and the address of the manufacturer; and

 (b) where it is imported into Mauritius, the name or trade name or mark and address of the importer.

(2) (a) Subject to subparagraph (b), the name, trade name or mark of the manufacturer or of the importer shall be put in a visible, easily legible and indelible form.

 (b) The trade name or mark shall only appear as an alternative to the name where the trade name or mark enables the manufacturer or importer to be identified.

(3) Where a toy consists of various parts, the requirements specified in paragraphs (1) and (2) shall be put –

 (a) on a label attached to the toy;

 (b) on an accompanying printed label or leaflet; or

 (c) where the toy is not individually packaged, on the box or other package containing the toy.

(4) Where the information specified in paragraph (3) does not appear on or is not attached to the toy, the attention of any person to whom the toy is supplied for private use or consumption shall be drawn to the advisability of keeping or noting such information, as the case may be.

(5) Any information specified in paragraph (3) may be abbreviated where the abbreviation enables the manufacturer or importer, as the case may be, to be identified.

(6) Every toy shall be accompanied by the appropriate warning and indication of precautions to be taken during use specified in the Third Schedule.

7. (1) Every manufacturer of toys manufactured in Mauritius or, where they are imported into Mauritius, the importer, shall keep certain information in respect of toys supplied in Mauritius for inspection by the enforcement authority.

(2) The information specified in paragraph (1) shall contain –

 (a) a description of the means, such as the use of a test report or technical file whereby the manufacturer ensures conformity of production with the European standard or the Mauritius standard or the essential safety requirements;

 (b) the address of the place of manufacture or storage of the toys;

 (c) detailed information concerning the design and manufacture of the toys.

(3) Where any requirement specified in paragraph (1) is not complied with, the enforcement authority may require the manufacturer or importer, as the case may be, to have a toy, in respect of which the requirement is not complied with, tested within a reasonable period by a third party at the expense of the manufacturer or importer, as the case may be.

(4) The test shall be carried out for the purpose of ascertaining whether the European standard or the Mauritian standard and the

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