RESTRICTEDWORLD TRADE
ORGANIZATIONG/TBT/W/148
1 November 2000
(00-4571)
Committee on Technical Barriers to Trade Original:  English
EQUIVALENCY
EXPERIENCE PAPER – TOYS AND CHILDREN'S PRODUCTS
SAFETY ORDINANCE
Communication from Hong Kong, China
I. INTRODUCTION
1. Article 2.7 of the TBT Agreement requires WTO Members to give positive consideration to
accepting as equivalent technical regulations of other Members, even if these regulations differ from
their own, provided they are satisfied that these regulations adequately fulfill the objectives of their
own regulations. This concept of equivalency is featured also in Article 6.1 of the Agreement onrecognition of conformity assessment. Of late, there is a proposal that the concept should also be
extended to standards whose preparation, adoption and application are subject to the Code of Good
Practice in Annex 3 to the TBT Agreement.
2. Hong Kong, China attaches importance to the concept of equivalency; and by outlining below
our regulatory regime on toys and children’s products safety as an illustration, highlights how HongKong, China puts this concept into practice.
II. ENACTMENT OF THE TOYS AND CHILDREN’S PRODUCTS SAFETY
ORDINANCE
3. The Toys and Children’s Products Safety Ordinance (the Ordinance) was enacted in
November 1992 and came into effect on 1 July 1993.  The Ordinance aims at protecting consumers,
especially children, against unsafe toys and children’s products supplied in the Hong Kong market.
The original regulatory requirements for toys and children’s products are set out below.
A. T
OYS
4. Under Section 3(1) of the Ordinance, no person shall manufacture, import or supply for local
consumption a toy unless the toy, including its packaging, complies with each and every applicable
requirement contained in one of the following sets of safety standards for toys:
(a) International Voluntary Toy Safety Standard established by the International
Committee of Toy Industries (ICTI) (now k nown as the International Council of Toy
Industries);
(b) European Standard EN71 established by the European Committee for
Standardization; or
(c) ASTM F963 established by the American Society for Testing and Materials.G/TBT/W/148
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B. CHILDREN ’S PRODUCTS
5. There are a total of 13 specified children’s products which fall under the regulation of the
Ordinance.
6. Under Section 5(1) of the Ordinance, no person shall manufacture, import or supply for local
consumption a specified children’s product unless the product complies with the correspondingspecification established by the British Standards Institution (BSI).
III. SUBSEQUENT MEASURES TAKEN TO IMPLEMENT THE EQUIVALENCY
CONCEPT
7. Recognizing the benefits implementation of the concept of equivalency can bring to the trade,
we have put in place a mechanism to consider and accept relevant national/international standards on
toys and children's products safety as equivalent.  Under the mechanism, the Innovation and
Technology Commission (ITC) has been charged with the responsibility to identify relevantnational/international standards.  ITC would scr een and forward preliminary acceptable standards to
the Government Laboratory for technical verification/confirmation.  The Government Laboratory
would recommend standards that have fulfilled the technical requirements to the Economic Services
Bureau for further deliberation and decision.  Economic Services Bureau which has policy
responsibility for consumer protection will arrange for the incorporation of the accepted standardsinto the Ordinance.  The public will be informed through government gazette.
A. T
OYS
8. Apart from the three sets of safety standards mentioned in paragraph 4 above, we are actively
considering the acceptance of ISO 8124 – Safety of Toys. Other standards where appropriate will also
be considered in the same light.
B. CHILDREN ’S PRODUCTS
9. When the Ordinance was enacted in 1992, the BSI specifications were considered to be the
most comprehensive in product range and safety aspects.  Since then, there have been submissions
from the trade and industrial organizations as to the adoption of safety standards other than the BSI
specifications.
10. We have responded positively to such submissions. The Government Laboratory has
examined a number of non-BSI standards applicable to children’s products, including those suggested
by the trade and industrial organizations.  Since August 1997, Hong Kong, China has accepted, in
addition to the BSI specifications, one or more standards of Australia, New Zealand, the US and the
ISO, etc. for 11 out of the 13 types of children’s products (A list of these standards are set out in
Annex).  Recently, we have examined and agreed to include a Japanese standard on babies' teats into
the Ordinance.  We are prepared to consider other safety standards for children’s products provided
that the alternatives proposed are equivalent in th eir safety standard to the statutory requirement.
IV. CONCLUSION
11. Hong Kong, China adopts an open and non-discriminatory regime in considering and
accepting safety standards for toys and children's products. We believe that the effective
implementation of the equivalency concept in this area not only meets the objective of the legislationto protect consumers against unsafe toys and childre n's products but also increases consumer choices
and facilitates trade.G/TBT/W/148
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ANNEX
TOYS AND CHILDREN’S PRODUCTS SAFETY ORDINANCE (CAP.424)
ACCEPTANCE OF MULTIPLE STANDARDS
Gazette Date Children’s Products Concerned Standards (other than BSI) Included
19 August 1997 Babies’ dummies ASTM Standard -
ASTM F963-96a
Standard Consumer Safety Specification on
toy safety
Australian Standard –
AS 2432:1991Babies’ dummies
New Zealand Standard –
NZS 5857:1993
Babies’ dummies
Baby walking frames ASTM Standard –
ASTM F977-96Standard Consumer Safety Performance
Specification for infant walkers
Carry cot and similar handledproducts and standsAustralian Standard –
AS 2196:1978
Carry cots and stands (Safety requirements)
New Zealand Standard –
NZS 5844:1989
Carry cots and stands (Safety requirements)
Children’s high chairs and
multi-purpose high chairs for
domestic useASTM Standard –
ASTM F 404-89
Standard Consumer Safety Specification for
high chairs
International Standard –
ISO 9221-1&2:1992
Furniture-Children’s high chairs – Part 1:
Safety requirements and Part 2: Test methods
New Zealand Standard –
NZS/BS 5799:1986
Specification for safety requirements for
children’s high chairs and multi-purpose highchairs for domestic useG/TBT/W/148
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Gazette Date Children’s Products Concerned Standards (other than BSI) Included
Children’s paints ASTM Standard –
ASTM F 963-96a
Standard Consumer Safety Specification on
toy safety
Australian Standard –
AS 1647.3: 1995
Children’s toys (Safety requirements) –
Part 3:  Toxicological requirements
European Standard –
EN71-3:1994
Safety of toys – Part 3: Migration of certainelements
New Zealand Standard –
NZS 5820:1982
Specification for the safety of toys
Playpens for domestic use ASTM Standard –
ASTM F406-89
Standard Consumer Safety Specification for
play yards (Amended as ASTM F406-97 in
1998)
Wheeled child conveyances ASTM Standard –
ASTM F833-95aStandard Consumer Safety Performance
Specification for carriages and strollers
(Amended as ASTM F833-97 in 1998)
Australian/New Zealand Standard -
AS/NZS 2088:1993
Prams and Strollers – Safety requirements
13 October 1998 Bunk beds for domestic use ASTM Standard –
ASTM F1427-96
Standard Consumer Safety Specification for
Bunk Beds
Australian/New Zealand Standard –
AS/NZS 4220:1994
Bunk beds
European Standard –
EN747-1 & 2:1993
Furniture – Bunk beds for domestic use –
Part 1: Safety requirements and Part 2: Test
methodsG/TBT/W/148
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Gazette Date Children’s Products Concerned Standards (other than BSI) Included
International Standard –
ISO 9098-1 & 2: 1994
Bunk beds for domestic use – Safety
requirements and tests – Part 1: Safety
requirements and Part 2: Test methods
Child safety barriers for
domestic useASTM Standard –
ASTM F 1004-92Standard Consumer Safety Specification for
expansion gates and expandable enclosures
Children’s cots for domestic use ASTM Standard –
ASTM F1169-88
Standard Specification for full size baby crib
European Standard –
EN716-1 & 2:1995
Furniture – Children’s cots and folding cots
for domestic use – Part 1: Safety
requirements and Part 2: Test methods
International Standard –
ISO 7175-1 & 2: 1997
Children’s cots and folding cots for domestic
use – Part 1: Safety requirements and Part 2:
Test methods
Children’s paints International Standard –
ISO 8124 –3: 1997
Safety of Toys – Part 3: Migration of certainelements
Children’s safety harnesses Australian Standard –
AS 3747-1989
Harnesses for use in prams, strollers, and
high chairs (including a detachable walking
rein)
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