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  QUESTION: What labelling is required on lead glazed decorator bowls/platters? 01 Feb 2006, Victoria Australia

Can you advise what regulations legal requirements are in place that govern the labelling of decorator bowls /platters that ARE NOT SOLD with the intention of being used to hold food due to the lead content in glaze but where the risk if this product being used in such a manner is very real. for example by law is this product required to be labelled "contains lead".. OR "not food safe" or is labelling "decorator item" legally sufficient
ANSWER: 04 Feb 2006

Dear Ann,
Thank you for your email. May we provide the following information regarding your question:
What regulations /legal requirements are in place that govern the labeling of lead glazed decorator bowls /platters that ARE NOT SOLD with the intention of being used to hold food ?
The Standard for the Uniform Scheduling of Drugs and Poisons (SUSDP)
SUSDP labeling requirements do not apply to glazed pottery, ("Appendix A", General Exemptions, page 245), as decided by the National Drugs and Poisons Schedule Committee.
Trade Practices Act (Consumer Product Safety Act, 1979)
In some circumstances, the law requires that labels be used to convey information to consumers. Examples include the mandatory consumer product information standards under the Trade Practices Act. Examples include the mandatory consumer product safety and information standards under the Trade Practices Act and industry specific regulations. Currently, no mandatory consumer product safety and information standard applies specifically to decorator bowls and platter. However, it is suggested that you do a thorough check of the trade practices regulations and consumer protection notices by calling the ACCC or on their webpage.

The relevant regulation regarding labelling of certain products is reg 5 TRADE PRACTICES (CONSUMER PRODUCT SAFETY STANDARDS) REGULATIONS 1979.
Fair Trading Law in NSW

In NSW, The Fair Trading Act requires that certain goods must comply with safety requirements before they can be sold, and certain information about a product must be supplied with that product when it is sold. Decorator bowls/ platters however are not one of these products that are subject to these safety laws in NSW.
However, where problems do occur with a product, Fair Trading has powers to remove unsafe goods from sale. This might include recalling dangerous products or a public warning of a particular defect, or even that the product may be dangerous. You can refer to the NSW Office of Fair Trading webpage for more information.

Fair Trading Law in Victoria

In Victoria, the Fair Trading Act 1999 (Victoria ) makes it an offence to supply goods that are intended to be used, or are of a kind ordinarily used for personal, household or domestic purposes if the goods do not comply with the prescribed safety standard (if there is such standard). It also require warnings, instructions and other information to be disclosed for certain products. However, there seem to be no such specific safety standards or disclosure requirements for decorator platter and bowls.
The relevant sections are s33 and s34 of the Fair Trading Act 1999.
The Act is administered by Consumer Affairs Victoria.

Conclusion

Thus, it would seem that no particular labelling requirement for the decorator bowls / platter and that it may be sufficient to specify that it is for decorative purposes only". However, it is suggested that you perform the search on specific regulations that may apply to your industry.

Regards
Katie Kwong, Volunteer Legal Intern and
Josephine Tesoriero, Volunteer Research Officer

Disclaimer: The above information is not intended to be advice on the law or any other matter and it is not intended as a substitute for a full consideration of statutes, regulations, standards and other instruments in force at any given time. Readers should not rely upon or act upon this information without considering the laws in force at the appropriate time and if necessary, should obtain the appropriate professional advice upon their own particular circumstances. The LEAD Group Inc. expressly disclaims all and any liability to any person in respect of the consequences of anything done or omitted to be done by such person in reliance, whether whole or partial, upon the whole or any part of the contents of this summary.

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Last Updated 01 September 2012
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