Selling new nightwear

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The Nightwear (Safety) Regulations 1985 makes it an offence to supply children's nightwear unless it has been treated so that it complies, after washing, with the flammability performance requirements of British Standard (BS) 5722. They lay down labelling requirements, so that purchasers can tell if other nightwear, including adults, does or does not meet the flammability requirements. Second-hand nightwear does not have to comply with these regulations.

Children's nightwear

Children's nightwear means anything designed for wear by, and that would normally be worn by, a person under the age of 13 years, except:

• night dresses with a chest measurement of more than 91cm or a length of more than 122cm; and
• dressing gowns, bath robes and other similar garments with a chest measurement of more than 97cm or a sleeve measurement of more than 69cm.

Children's nightwear must comply with the flammability performance requirements of BS 5722, except the following items:

• garments for babies up to three months with a chest measurement of 53cm or less;
• pyjamas; and
• cotton terry towelling bath robes.

Other nightwear

Other nightwear (including adult nightwear), babies' garments, children's pyjamas and children's cotton terry towelling bath robes must be labelled so as to inform the purchaser whether the item does or does not meet the flammability requirements of BS 5722.

If the item does not meet the requirements, it must have a label, printed in red, stating 'KEEP AWAY FROM FIRE'. If the item meets the requirements, it must have a label with one of the following:

• a statement in red stating 'KEEP AWAY FROM FIRE';
• a statement in black stating 'LOW FLAMMABILITY TO BS 5722'; or
• both statements in appropriate colours.

Special rules apply to these items where they are advertised for sale by mail order; further information is available from your local trading standards service.

Treated nightwear

Any nightwear treated with flame-retardant chemicals must also have a label that states 'DO NOT WASH AT MORE THAN 50oC. CHECK SUITABILITY OF WASHING AGENT'.

Positioning of labels

The wording described above must be given on a durable label on the inside neck of the garment or next to the label giving the size of the garment, or the wording must be given on the size label immediately following such information.

BS EN 14878 Textiles - Burning behaviour of children's nightwear - Specification

The General Product Safety Regulations 2005 also require goods to be safe. When assessing the safety of a product, manufacturers are encouraged to manufacture goods in accordance with European standards. The European standard: BS EN 14878 Textiles - Burning behaviour of children's nightwear - Specification introduces new flammability performance requirements for children's nightwear. This covers all nightwear including pyjamas, all dressing gowns and babies' garments, and introduces specific flammability requirements for these garments.

In principle, it is recommended that the requirements of the UK Regulations continue to be applied, where applicable, but for garments such as children's pyjamas and cotton terry towelling bath robes and babies' garments, the flammability requirements of BS EN 14878 should be applied so that suppliers meet the statutory requirements of the General Product Safety Regulations.

General Product Safety Regulations (GPSR)

Additionally the GPSR also cover second hand goods, so again EN 14878 could be used to assess the safety of second hand children's nightwear. In common with other consumer products, these regulations require the manufacturer to mark the product, or it's packaging, with their name and address, and the product reference or batch code (unless it would not be reasonable to do so). In addition to the specific flammability requirements, nightwear must be safe in all other respects such as avoiding strangulation and choking hazards caused by cords and fasteners.

For further information, please contact us.

Contact information

• email: ts.es@renfrewshire.gov.uk
• phone: 0141 840 3184 (select option 2)
• call in or write to us at:
  Renfrewshire Council
  Environmental Services
  Trading Standards
  Renfrewshire House
  Cotton Street
  Paisley
  PA1 1BR