CONSUMER PROTECTION ACT 1999  
DRAFT CONSUMER PROTECTION (CERTIFICATE OF CONFORMANCE AND 
CONFORMITY MARK OF SAFETY STANDARDS) (AMENDMENT) REGULATIONS 2015  
In exercise of the powers conferred by section 19 and 150 of the Consumer Protection Act 
1999 [Act 599], the Minister makes the following regulations:  
 
Citation and commencement  
1. (1) These R egulations may be cited as the Consumer Protection (Certificate  of 
Conformance and Conformity Mark of Safety Standards) (Amendment) Regulations 2015 . 
(2) These Regulations  come into operation on xx xx  201x. 
 
Interpretation  
2. In these Regulations, unless the context otherwise requires - 
“goods” means the goods as speci fied in column (1) of the First Schedule;  
“accredited laboratory” means a laboratory accredited by the Department of Standards 
Malaysia or recognized through any arrangement made by the Department of Standards 
Malaysia;  
“product owner” means the product ow ner as specified in column (3) of the First Schedule;  
“certificate of conformance” means the certificate made under regulation 5 pursuant to a 
declaration by the product owner under regulation 4;  
“conformity mark” means the conformity mark as specified in the Second Schedule.  
 
Registration of business activity prior to declaration  
3. (1) The product owner, before making the declaration pursuant to regulation 4, shall 
register his business activity of supplying or offering or advertising for supply or importing 
any goods in the manner determined by the Controller . 
(2) A registration number shall be assigned in the manner determined by the Controller to 
each product owner so registered . 
(3) For the purpose of registration under subregulation (1), the product owner shall provide 
to the Controller any documents as determine by the Contro ller. 
(4) The Controller may, at any time after receiving the application for registration under 
subregulation (1), request in writing for the product owner to provide such additional 
document or information within the time specified by the Controller.   
  
(5) Where subregulation (3) or (4) is not complied with, the application for registration shall 
be deemed to have been withdrawn, but without prejudice to a fresh application being made 
by the product owner.  
(6) Any product owner who fails to comply with thi s regulation commits an offence.  
 
Declaration of conformance  
4. (1) A product owner who intend to supply, or offer or advertise to supply, or import any 
goods including but not limited to gift, prize, free offer or other free item of the same kind 
shall en sure that the goods have been tested by an accredited laboratory and is compliant 
with the safety standards relating to such goods as specified in column (2) of the First 
Schedule.  
(2) The product owner shall declare that the goods have conformed to the sa fety standards 
in the form of a certificate of conformance which shall be issued in the manner determined 
by the Controller.  
(3) Any product owner who fails to comply with this regulation commits an offence.  
 
Certificate of conformance  
5. (1) The  product owner shall produce the certificate of conformance to the Controller in the 
manner determined by the Controller and the Controller shall assign a reference number to 
each certificate of conformance.  
(2) The product owner shall keep the certificate  of conformance and maintain records or 
documents relating to the specification of the goods and its conformance to the standards 
issued by the accredited laboratory and any other document as determined by the Controller 
and shall, upon request, furnish th e Controller  or Assistant Controller  with the said certificate 
of conformance, records or documents.  
(3) The product owner shall provide to the distributor or retailer of its goods the reference 
number of the certificate of conformance for such goods in wr iting, or a copy of the certificate 
of conformance, and the distributor or retailer shall produce that reference number or the 
copy of the certificate of conformance to the Controller or Assistant Controller whenever 
requested to do so.  
(4) Where the distr ibutor enters into any dealings with other distributors or retailers for the 
goods, the distributor shall provide to such other distributor or retailer the reference number 
of the certificate of conformance in writing, or a copy of the certificate of confo rmance, and 
the distributor or retailer shall produce the reference number or the copy of the certificate of 
conformance to the Controller or Assistant Controller whenever requested to do so.   
 (5) Certificate of conformance, records or documents relating to  the, specification of the 
goods and its conformance to the standards issued by the accredited laboratory and any 
other document as determined by the Controller shall be maintained for at least 12 months.  
(6) Any person who fails to comply with this regula tion commits an offence.  
 
Marking or affixing of conformity mark or particulars on goods, etc.  
6. (1) The product owner who has satisfied the requirements mentioned under regulations 3, 
4 and 5 shall mark or affix the goods with the conformity mark and the  particulars as 
specified in subregulation (2).  
(2) The goods shall be indelibly marked or affixed, in a conspicuous position easily read by 
any person, with the following particulars:  
(a) either one of the conformity mark, as specified in the Second Sched ule, of a 
minimum size of 5 mm x 5 mm;  
(b) the registration number assigned to the product owner under subregulation 
3(2) which is to be placed beloe the conformity mark; and  
(c) the name and address of the product owner or any authorized representative 
of the product owner, which may include the distributor or retailer of the goods  
(3) Where the manner of marking and affixing as provided under subregulation (2) is not 
practical to be  done on the goods, the particulars under subregulation (2) may be marked or 
affixed on each unit of packaging, box or container in which the goods are supplied to the 
consumers.  
(4) Any person  who fails to comply with this regulation commits an offence.  
 
Obligation of product owner  
7. (1) The product owner shall carry out corrective action as soon as practicable upon 
receiving information that the goods have caused or is likely to cause injury to person or is 
otherwise unsafe or the goods placed in the mar ket is not compliant with these Regulations.  
(2) The product owner shall inform the Controller within 14 days  of the information referred  to 
in subregulation (1) and the corrective action taken by the product owner.  
(3) Notwithstanding subregulation (2), t he Co ntroller may, as he deem fits, specify any 
corrective action to be taken by the product owner and the product owner shall carry out the 
corrective action so ordered by the Controller within a time specified by the Controller.  
(4) Any goods found to ha ve caused or is likely to cause injury to a person or is otherwise 
unsafe or the goods placed in the mark et is not compliant with these R egulation s, the 
Controller may order the product ow ner to withdraw the goods from the market.  
(5) Any product owner who  fails to comply with this regulation commits an offence.   
  
Goods for sampling, demonstration or research and development purposes  
8. (1 ) Any person who imports goods for the purposes of sampling, demonstration or 
research and development are exempted from regulations 3, 4, 5, 6 and 7.  
(2) Notwithstanding subregulation (1), such person shall complete and submit a notification 
form as determined by the Controller to notify the Controller of the importation of such 
goods.  
(3) The Controller may, provide exempt ion from regulations 3, 4, 5, 6 and 7 for the purpose 
deemed appropriate by the Controller.  
(4) Any person who fails to comply with this regulation or who supplies such goods otherwise 
than for the purpose of this regulation commits an offence.  
 
Non-compli ance with safety standards  
9.      Failure to comply with these Regulations is deemed to be a failure to comply with the 
safety standards under section 19 of the Act.  
 
Saving  
10.    These Regulations shall come into operation on the commencement date, however, 
shall not apply to goods that were already supplied prior to the commencement date.  
 
Revocation  
11.      The Consumer Protection (Certificate of Conformance  and Conformity Mark of Safety 
Standard ) Regulations 2010  [P.U. (A) 253/2010 ] is revoked.  
 
FIRST SCHEDULE  
[Regulation 5]  
                                               
 
 Goods  Regulations  Product Owner  
1. Toys  Consumer Protection (Safety 
Standards for Toys) Regulations 
2009 [P.U. (A) 275/2009]  Local manufacturers or importers or 
suppliers including retailers who conduct 
repackaging activities   
  
 
 
SECOND SCHEDULE  
[Regulation 6]  
CONFORMITY MARK OF SAFETY STANDARDS  
 
                             
 
                  O 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 CONSUMER PROTECTION ACT 1999  
DRAFT CONSUMER PROTECTION (SAFETY STANDARDS FOR TOYS) (AMENDMENT) 
REGULATIONS 2015  
In exercise of the powers conferred by section 19 of the Consumer Protection Act 1999 [Act 
599], the Minister makes the following regulations:  
 
Citation and commencemen t 
1. (1) These regulations may be cited as the Consumer Protection (Safety Standards for 
Toys) (Amendment) Regulations 2015 . 
(2) These Regulations come into operation on xx xx 201 x. 
 
Safety standards for toys  
2. (1) The standard specifications declared und er section 15 of the Standards of Malaysia 
Act 1996 [Act 549] as specified in the First Schedule are prescribed as the safety standards 
for  toys for the purpose of section 19 of this Act.  
(2) For the purposes of these Regulations, “toys” means any goods d esigned or intended for 
use in play by children less than fourteen years of age but does not include the goods 
specified in the Second Schedule.  
(3) For the avoidance of doubt, any toys which are the counterparts of any goods specified in 
the Second Sched ule shall be subject to the safety standards as prescribed in sub regulation 
(1). 
(4) Any product owner who fails to comply with this regulation and First Schedule commits 
an offence.  
 
Saving  
Any revision made to the safety standards for toys as specified in the First Schedule after 
the coming into operation of these Regulations shall not be subjected to the toys of which 
the same safety standards have been prescribed under the principle Regulations prior to the 
revision.  
 
 
 
 
  
 FIRST SCHEDULE  
[Subregulation 2(1)] 
SAFETY STANDARDS FOR TOYS  
No Specification 
Number  Part  
Specification  
 
1.  
MS ISO 8124 -1   
-  
Safety of Toys – Part 1 : Safety aspects related to mechanical 
and physical properties  
 
 
2.  
MS ISO 8124 -2  
-  
Safety of Toys – Part 2 : Flammability  
 
 
3.  
MS ISO 8124 -3  
-  
Safety of Toys – Part 3 : Migration of certain elements  
 
 
4.  
MS 1774   
Part 4   
Safety of toys – Part 4 : Experimental sets for chemistry and 
related activities  
 
 
5.  
MS 1774   
Part 5   
Safety of toys – Part 5 : Chemical toys (sets) other than 
experimental sets  
 
 
6.  
MS 1725   
-   
Safety of electric toys  
 
 
7.  
ISO 8124 -1  
Part 1   
Safety of toys – Part 1: Safety aspects related to mechanical and 
physical properties  
 
 
8.  
ISO 8124 -2  
Part 2   
Safety of toys – Part 2: Flammability  
 
 
9.  
ISO 8124 -3  
Part 3   
Safety of toys – Part 3: Migration of certain elements  
 
 
10.  
ISO 8124 -4  
Part 4   
Safety of toys – Part 4: Swings, slides and similar activity toys for 
indoor and outdoor family domestic use  
 
 
11.  
ISO 8124 -6  
Part 6   
Safety of Toys – Part 6 Certain phthalate esters in toys and 
children’s product  
 
 
12.  
EN 71 -1  
Part 1   
Safety of toys – Part 1: Mechanical and physical properties  
 
 
13.  
EN 71 -2  
Part 2   
Safety of toys – Part 2: Flammability  
 
 
14.  
EN 71 -3  
Part 3   
Safety of toys – Part 3: Migration of certain elements  
 
 
15.  
EN 71 -4  
Part 4   
Safety of toys – Part 4: Experimental sets for chemistry and  
  
SECOND SCHEDULE  
 
[Subregulation 2(2)]  
 
GOODS NOT REGARDED AS TOYS  
 
1. Festival  decorations  
2. Equipment intended to be used collectively in playgrounds  
3. Public playground equipment  
4. Sporting goods and equipment, camping goods, athletic equipment, musical instruments 
and furniture  
5. Aquatic equipment intended to be used in deep water  
6. Collectible product s not intended for children under fourteen years of age ; examples are 
detailed scale models, folk dolls and decorative dolls and other similar articles  
7. Toys installed in public places (shopping centers, arcades, etc.)  
8. Jigsaw puzzles having more than 500 pieces or without a picture, for specialists  
9. Compressed air and gas operated guns and pistols  
10. Fireworks including percussion caps, except percussion caps specifically designed for 
toys 
11. Slingshots  
12. Dart with metallic points  
13. Electric ovens, irons or other fun ctional products operated at a nominal voltage greater 
than 24 V  
14. Products containing heating elements intended for use under the supervision of an adult 
in a teaching context  
15. Models of aircraft, rockets, boats and land vehicles powered by combustion engine s 
16. Toy steam engines  
17. Bicycles, except bicycles with a maximum saddle height of 435 mm  
18. Video toys which can be connected to a video screen and which are operated at voltage 
exceeding 24 V  
19. Babies’ dummies  / pacifiers  
20. Faithful reproduction of real firearms  
21. Fashion jewellery for children  
22. Model kits, hobby and craft items in which the finished item is not primarily of play value  
and not intended for children under fourteen years of age  
23. Bows for archery with an overall relaxed length exceeding 120cm  
24. Kites, exce pt kites with strings which have electrical resistance properties  
25. Amusement machinery  
26. Portable child -appealing luminaires  related activities  
 
 
16.  
EN 71 -5  
Part 5   
Safety of toys – Part 5: Chemical toys (sets) other than 
experimental sets  
 
 
17.  
EN 62115   
-  
Electric Toys – Safety  
 
 
18.  
IEC 62115   
-  
Electric Toys – Safety  
 
 
19.  
ASTM F963   
-  
Standard Consumer Safety Specification for Toy Safety