ACCC moves ahead with portable pool warning labels

The second draft of the proposed safety standard for mandatory labelling of portable swimming pools has been published and is due to commence on 30 March 2014.

In 2011, the Australian Competition and Consumer Commission (ACCC) commenced work on a proposed safety standard for mandatory labelling of portable swimming pools.

A number of stakeholders including SPASA NSW made submissions on the draft labelling requirements and to the extent possible, those comments have been taken into account while preparing the draft safety standard.

It is proposed that for portable swimming pools capable of being filled to 300mm deep or more, the pool and packaging must carry a permanent, highly visible message including the following statement:

WARNING!

Children have drowned in portable swimming pools.

Ensure active adult supervision at all times.

Do not leave children unsupervised in or around the pool—keep them

within arms’ reach.

Pool fencing laws may apply to this pool. Consult your local

government authority for fencing requirements.

If the pool’s capability is less than 300mmm, the statement: “Empty and store safely after use” is to be used instead of the statements about fencing.

The key changes from the first draft labelling requirements, now incorporated into the draft safety standard are:

• The scope of regulation has been re-defined.

• The proposed warning to be applied to the pool and its packaging is now prescribed to improve certainty so that suppliers know exactly what must be provided on the pool in order to comply.

• The form of warning has been amended to accommodate suggestions by stakeholders (such as to include reference to active adult supervision and include that children should be kept within arms’ reach)

• A safety sign is to be included on the pool next to the warning to reinforce the warning. The safety sign is not required on the packaging. The inclusion of the safety sign was recommended by several stakeholders.

• The font size of the warning has been increased and there is additional clarity around the term ‘legible’.

• It is now proposed that the safety standard take effect from 30 March 2014 to provide suppliers the opportunity to sell existing stock.

Click here to see the draft standard and the different forms of the warning.