Second-hand nursery goods

The aim of these guidance notes is to answer some of the questions you may have with regard to the law covering the supply of second-hand nursery goods. The list of products is not exhaustive and the specific points mentioned for each product are for guidance as to the types of points to look for when assessing whether to sell an item.

What legislation covers the sale of nursery goods?

Some items of nursery goods, such as prams and pushchairs, are covered by specific regulations which lay down certain tests that the goods must pass. If there are no regulations specific to the goods, then the General Product Safety Regulations 1994 apply. These regulations state that goods must be generally safe when used in a reasonably foreseeable way.

Items which contain upholstery, such as prams, pushchairs and playpens must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988 and should bear a permanent label. If that label is not present, you should be suspicious about whether the product complies. (See separate guidance note on Upholstered Furniture)

What does the law say about specific products?

Prams

Prams must comply with BS4139:1967. This states that they must have the following:

harness anchorage points
a brake which does not allow movement on a 9° slope
two safety locking devices (if the pram folds)

Prams must also be stable and should not tip at 12°. They should bear an easily seen label stating:

the manufacturer's name or other identification
compliance with BS 4319
instructions for the correct use of the pram including a warning about not adding excess luggage

Pushchairs

Pushchairs must comply with BS 4792:1984. This states that they must:

have a brake which prevents movement on a 9° slope
have harness anchorage points
be stable and not tip at 12°
have crotch and waist straps which are at least 20mm wide
if shoulder straps are fitted, they must be 15mm wide

If a pushchair folds, it must have an automatic safety locking device. It should have 2 different locking devices, one main and one additional.

Pushchairs should be marked with the following:

the UK manufacturer, distributor or retailer's name or trade mark
BS4792:1984
"WARNING. The correct use and maintenance of this vehicle are essential. Children should not be left unattended in this vehicle and should at all times wear a safety harness correctly fitted and adjusted. Do not carry additional children, goods or accessories in this vehicle except as permitted in the manufacturer's instructions."

Instructions, in English, for its safe use and maintenance should also be provided with the pushchair.

Note: After 1 January 1999, all prams, pushchairs and wheeled child conveyances will have to comply with BS 7409:1996.

Babywalkers

There are no specific regulations covering babywalkers so they must comply with the General Product Safety Regulations. A good starting point for determining whether or not they comply is to determine whether they comply with a British Standard. Important areas to consider are:

is the babywalker stable?
are there adequate warnings and instructions for use?
has the babywalker suffered damage such as a ripped seat or distortion of the frame?

Playpens

Again there are no specific regulations so a good starting point would be to look for claims of compliance with a British Standard. Points to bear in mind include:

wooden playpens should not have splinters and if they have been painted lead free paint should have been used
there should not be gaps of a size that could trap a child's head
in "lobster pot" playpens, there should not be any breaks in the netting
there should not be access to foam fillings

Cots

As with babywalkers and playpens there are no specific regulations and claims of compliance with a British Standard are a good starting point. In addition points to bear in mind should include:

if the cot has been painted, lead free paint should have been used
there should be no splinters of wood or other sharp points which could harm a small child
there should be no gaps of a size capable of trapping a child's head
any mattress supplied should comply with flammability tests given in the British Standard

What will happen if I supply non-complying goods?

You could be liable to prosecution. You should also remember that there are additional offences for exposing for supply and having in possession for supply non complying goods.