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AUSTRALIA’S corporate watchdog, the Australian Competition and Consumer Commission (ACCC), has taken a hardline approach to its latest ruling, effective this week, on businesses that supply button batteries or products in which they are used. 

This includes businesses that products that contain button/coin batteries, including remote controls such as car key fobs, garage door controls and television remote control units.

The ACCC has applied mandatory button battery safety and information standards and warns that businesses and individuals will face serious penalties – up to $10 million for businesses and $500,000 for individuals – for non compliance.

The ACCC said the standards are a world-first and a critical step in helping prevent potentially life-threatening injuries to children.

ACCC deputy chair Delia Rickard said: “Tragically, three children have died and one child a month is seriously injured from swallowing or ingesting button batteries.”

Under the new standards, products must have secure battery compartments to prevent children accessing the batteries. 

The ACCC said button batteries must be supplied in child-resistant packaging. Products and batteries must have additional warnings and emergency advice on the batteries, packaging and instructions. Suppliers must also ensure products have been compliance tested.

The Victorian Automotive Chamber of Commerce (VACC) said the main issues for dealers will be that any electrical devices sold that contain a button battery will be required to have a warning sticker applied. This will also include the spare keys sold with any vehicle.

Importantly, the ACCC has advised VACC that a new vehicle, including its accessories that was first supplied to a consumer prior to 22 June 2022, then re-supplied to a consumer on or after 22 June 2022 does not need to comply with the button/coin batteries information standards.

It added that for dealer spare parts and other suppliers this will mean that, amongst other things, the packaging of button/coin batteries is required to be child resistant and marked with warning labels.

The VACC has for the past month urged dealers to consult with their manufacturer to ensure that affected current and future deliveries from the factory have the mandated warning labels and other requirements attached to the keys, or provide warning labels for the dealer to attach.

Car-makers must also make long-term arrangements with their dealer networks to enable compliance with the new standard.

The VACC has produced a limited number of warning labels for its members to purchase.

The ACCC said that all levels of the supply chain are legally required to comply with the mandatory standards and that it will work with state and territory regulators to monitor compliance and take enforcement action when necessary.

“Inspectors will be out looking for unsafe products both online and in stores such as discount retailers, variety shops, major retailers, pharmacies, newsagents and at large events,” said Ms Rickard.

“Businesses are on notice that serious penalties may apply if we find unsafe or non-compliant products.”

The ACCC has been working with the business community during the past 18-months since the standards were announced.

“We have been explaining the standards during this transition period to support businesses make the required changes to their products,” said Ms Rickard.

“Already, businesses have recalled a number of different products – everything from novelty light-up toys, to children’s clothing, remote controls for smoke alarms and ceiling fans to even a yoghurt that had a light-up lid.”

The ACCC is also urging consumers to check for unsafe button batteries in their homes.

“Button batteries are found in a large number of common household items such as toys, remote controls, watches, digital kitchen scales and thermometers,” she said.

“If swallowed they can cause serious injuries to children. That’s why we encourage consumers to check the list of recalled products on the ACCC’s Product Safety website.

“The compartment holding the button battery needs to be secure and child resistant. If it isn’t, parents or carers should stop using the product immediately and keep it out of reach of children.”

By Neil Dowling

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