Eastwood retailers Pius Freddy Hiu and Kate Hiu, trading as P K Pacific Ocean, pleaded guilty on 4 May in Parramatta Local Court to two counts each of breaching the Australian Consumer Law (NSW) for supplying toys that could choke children.
Pius Freddy Hiu was ordered to pay fines and costs of $2,608 and Kate Hiu was ordered to pay fines and costs of $2,162, for supplying toy rattles that did not comply with Australian safety standards.
Fair Trading Commissioner Stowe said Fair Trading investigators inspected the store at 159 Rowe Street, Eastwood in October last year during pre-Christmas checks.
They detected a Yellow and Green Bird Rattle with Bells and a Wooden Snowman Rattle with Bells that raised safety concerns.
The rattles were tested for compliance with Australian standards.
“Both rattles failed basic tests for normal use as well as a unique penetration test for rattles, which means the rattles could lodge in a child’s throat.
“On the bird rattle, the comb and a portion of the head and a significant portion of the handle were a choking hazard. During a tension test, the comb and two spacer beads also came away.
“On the snowman rattle, a portion of the hat, two bells and a significant portion of the handle were a choking hazard.”
Mr Stowe said Pius Freddy Hiu and Kate Hiu had come to Fair Trading’s attention for breaching product safety standards on several prior occasions.
In February 2003 they were issued with a written warning for supplying four noncompliant children’s toy foam puzzles and non-compliant elastic luggage straps at their Eastwood and Merrylands stores.
In June 2003 they were issued with a $550 penalty infringement notice by Fair Trading for supplying non-compliant projectile toys and novelty mini cutters at their Merrylands store. Both products were the subject of banning orders.
In December 2007 they were prosecuted for supplying a non-compliant children’s toy truck and were each issued a $500 fine.
For information about product safety standards go to: www.productsafety.gov.au
NSW Fair Trading 13 32 20
Further information about nightwear for children's products can also be found on the NSW Fair Trading website.