New Zealand bans the sale of high powered magnet sets

March 2013

Relevant for: Toys & Children Products

On 23 January 2013, Consumer Affairs Minister has announced a ban on the sale of sets of small high powered magnets that have caused serious injuries in New Zealand and at least one reported death in Australia. The magnets are sold all over the world and New Zealand is believed to be the third country, following Australia and the US, to formally ban them from sale.

The ban has been published in Unsafe Goods (small high powered magnets) Notice 2013 which takes effect on 24 January 2013. Details of this ban are summarized as follows:


Application
This notice applies to new and second-hand small high powered magnets that are supplied, or offered for supply, or advertised for supply in sets of two or more for the purposes of personal, domestic, or household use or consumption includes, but not limit to:

  • magnet sets that form part of a toy, game or puzzle (including but not limited to an adult desk toy, an educational toy or game, a toy, game or puzzle for mental stimulation or stress relief);
  • Construction or modelling kits; or
  • Jewellery that is worn in or around the mouth or nose.

This notice bans separable or loose magnetic objects that do not comply with the safety aspects set out in Australian/ New Zealand Standard, Safety of toys- Part 1: Safety aspects related to mechanical and physical properties (AS/NZS ISO 8124-1:2010), which:

  • are able to fit into the small parts cylinder set out in clause 5.2; and
  • have a magnetic flux index greater than 50(kG)2mm2 or 0.5 T2m2 determined as per clause 5.31.

Documentation requirements
Customs Service and/or Commerce Commission may request documentation from persons importing, supplying or advertising magnetic objects to which this notice applies. Acceptable documentation can be consisted of:

a) a certificate of compliance with AS/NZS ISO 8124-1:2010 provided by an internationally recognized accreditation body;or
b) a statement that the magnetic objects comply with AS/NZS ISO 8124-1:2010 provided by suppliers.

Offences
Any violation of this notice may lead to a penalty of up to $200,000 for a company ($60,000 for an individual) and compulsory product recall.

References:
Ban on the sale of high powered magnet sets 
Unsafe Goods (Small High Powered Magnets) Notice 2013
Current list of products that are banned from being imported or sold in New Zealand