Play it safe: A seller’s guide to toy safety

Selling toys on Trade Me is a great way to help whānau find the perfect plaything for their tamariki (kids). Whether you're selling brand new toys or passing on pre-loved treasures, the safety of our youngest Kiwis is something we all take very seriously.

If you’re selling toys, it's your responsibility to make sure they're safe and meet New Zealand's legal requirements. This isn't just good practice – it's the law. This guide will walk you through what you need to know to sell toys safely and responsibly on Trade Me.

The rules of play: The mandatory safety standard

In New Zealand, toys intended for young children must comply with a mandatory product safety standard. This is set out in the Product Safety Standards (Children's Toys) Regulations 2005, which falls under the Fair Trading Act.

The standard is designed to protect children from injury and, in particular, to reduce the risk of choking. It specifies requirements for a toy's size, shape, and construction, and ensures that batteries are kept safely out of reach. The specific standard is AS/NZS ISO 8124.1:2002 – Safety of toys.

Failing to meet this standard is a breach of the Fair Trading Act, so it’s crucial to understand your obligations.

What are the rules?

To reduce the risk of children choking while playing with a toy, children’s toys must be of a specified size, and not contain small parts designed to be removed from the toy or small pieces that break off easily. 

In general the Product Safety Standard for Children's Toys applies to toys with characteristics that will appeal to a child up to 36 months of age.

The rules apply to all toys manufactured, designed, labelled or marketed for use by children up to and including 36 months of age. 

What toys are covered by the rules?

This is not a complete list, but these types of toys are listed in the regulations and are likely to be covered by the rules:

• Rattles, dummies, teethers, squeeze toys.

• Toys that come attached to a crib, stroller, play-pen or baby carriage.

• Push and pull toys, pounding toys, blocks and stacking toys, toys for use in baths, wading pools and sand.

• Rocking, spring and stick horses or other figures.

• Musical chime toys, jacks-in-the-box, stuffed, plush or flocked animals and other figures.

• Games and puzzles.

• Dolls.

• Toy cars and trucks.

The regulations also do not apply to unassembled toys that when put together by an adult who follows the supplied written instructions will meet the requirements set out in the Standard.

Who needs to comply?

The rules apply to anyone in trade who is supplying, offering to supply, or advertising toys. This includes manufacturers, importers, and retailers selling new or secondhand toys. If you're selling toys regularly as part of a business, you're considered "in trade" and must comply.

The regulations don't apply to private sellers of secondhand toys (e.g., a parent selling their child's old toys). However, we encourage everyone to follow these safety guidelines to help keep our community safe.

How the standard is enforced

The Commerce Commission is responsible for enforcing the Fair Trading Act, including the product safety standard for toys. They take breaches of the law seriously to protect consumers.

If a seller is found to be supplying toys that don't meet the standard, the Commerce Commission can take them to court. The penalties can be significant, with fines of up to $200,000 for an individual and $600,000 for a company for each breach. In addition to fines, you may be required to conduct a product recall of any unsafe toys you have sold.

Key safety checks

Here are the main things to look out for:

Choking hazards

This is the biggest risk for young children. Toys for this age group must not have small parts that could be swallowed or inhaled. This includes parts that are designed to be removed or pieces that could break off during normal use or "reasonably foreseeable abuse" (like being dropped).

The official test uses a ‘small parts cylinder’. If a toy or any piece that comes off it fits entirely inside this cylinder, it's a choking hazard and does not meet the standard.

Secure batteries

If a toy contains batteries, the battery compartment must be secure. This means it should require a tool (like a screwdriver) to open, or two independent movements performed at the same time. This stops curious kids from accessing batteries, which can be fatal if swallowed. 

If supplying button batteries, be aware of the Minister of Commerce and Consumer Affairs’s product safety statement for these units. 

A note on labels

You can't simply add a label like “Not suitable for children under 36 months” to get around the rules. If a toy has characteristics that appeal to a child in that age group (like a colourful rattle), it must meet the safety standard, regardless of any warning label.

Tips for sellers

• Check your items: Before you list a toy, give it a thorough check. Look for any small parts that could come loose. Pull and twist the toy to see if anything breaks off.

• Ask your supplier: If you buy toys to resell, ask your supplier for proof that they comply with the AS/NZS ISO 8124.1:2002 standard. A test certificate is the best proof. Don’t just assume they’re safe.

• When in doubt, don’t list it: If you have any concerns about a toy's safety, it's best not to sell it.

Use Community Watch: If you see a toy on Trade Me that you think might be unsafe, please report it to us using the Community Watch button at the bottom of the listing. Our team will investigate.

Keeping our community safe is a team effort. Ngā mihi for helping us make Trade Me a safe place for whānau to shop for their tamariki.

For more detailed information, check out the Commerce Commission’s resource:

 Product safety standards for children's toys

Also check out the guide to magnet safety.