Sunglasses and fashion spectacles

Supplier guide

July 2013

Australian Competition and Consumer Commission
23 Marcus Clarke Street, Canberra, Australian Capital Territory, 2601

© Commonwealth of Australia 2013

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Important notice

The information in this publication is for general guidance only. It does not constitute legal or other professional advice, and should not be relied on as a statement of the law in any jurisdiction. Because it is intended only as a general guide, it may contain generalisations. You should obtain professional advice if you have any specific concern.

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ISBN 978 1 921973 85 7

ACCC 07/13_752

www.productsafety.gov.au

Sunglasses and fashion spectacles

What is this guide about?

Under the Australian Consumer Law (ACL), mandatory consumer product safety standards are introduced when considered reasonably necessary to prevent or reduce the risk of injury to a person. This guide provides a summary of the requirements for the supply of sunglasses and fashion spectacles.

A full list of mandatory standards and bans is available on pages 17–19.

Who should read this guide?

Suppliers of sunglasses and fashion spectacles should read this guide to familiarise themselves with the hazards and the mandatory requirements for this product.

What are sunglasses and fashion spectacles?

Sunglasses are spectacles with tinted, darkened or polarising lenses intended to protect the eyes from harmful sun glare and ultraviolet (UV) radiation.

Fashion spectacles are glasses worn primarily for fashion and feature untinted or lightly tinted lenses which do not substantially reduce sun glare or UV radiation. They offer little or no protection to the eyes.

Examples of fashion spectacles

The mandatory standard applies to sunglasses and fashion spectacles that have lenses of nominal zero refractive power (i.e. lenses which do not magnify or reduce the size of a viewed image). Sunglasses and fashion spectacles include:

·  one piece visors

·  rimless sunshields

·  clip-on sunglasses

·  slip-on type sunglasses

·  children’s sunglasses.

Photochromic sunglass lenses darken when exposed to sunlight and gradually return to a faded state when the light source is removed (for example by walking indoors). They are also covered by the mandatory standard.

This mandatory standard does not apply to:

·  safety glasses and safety goggles intended to provide protection against optical radiation other than from the sun

·  eyewear for protection against radiation in solaria

·  ski goggles

·  glasses for use as toys provided they are clearly and legibly labelled as toys

·  glasses or goggles for special use, including medical shields especially designed for use by those who are vision impaired

·  prescription sunglasses (prescription sunglass lenses are recommended and authorised by a qualified optometrist or other suitably qualified person and are covered in the voluntary Australian/New Zealand Standard AS/NZS ISO 8980.3:2011, Ophthalmic optics—Uncut finished spectacle lenses—Transmittance specifications and test methods).

What are the hazards?

Adverse health effects of UV radiation on the eyes[1]

Short-term exposure of the eyes to solar UV radiation can cause temporary eye complaints, ranging from mild irritations such as discomfort, excessive blinking and swelling, to the painful but reversible condition known as ‘snow blindness’.

Long-term exposure of the eyes to UV radiation may be a factor in causing serious permanent damage to the eyes, including:

·  cataracts, or cloudiness of the lens

·  solar keratopathy, or cloudiness of the cornea

·  cancer of the conjunctiva or the membrane covering the white part of the eye

·  pterygium, a growth of tissue on the white of the eye that may extend onto the cornea where it may distort or block vision

·  skin cancer of the eyelids and facial skin.

Children are at a higher risk of sustaining eye damage from UV radiation than adults because their eye structures are more permeable to UV radiation and they typically spend more time outdoors.

Mandatory standard

The mandatory standard for sunglasses and fashion spectacles is based on the Australian/New Zealand Standard AS/NZS 1067:2003, Sunglasses and fashion spectacles, with variations and additions made by Consumer Protection Notice No.13 of 2003, as amended by Consumer Protection Notice No. 4 of 2005.

AS/NZS 1067:2003 is a voluntary standard, except for those sections specifically called up by the consumer protection notice. It is important to note that the sections of AS/NZS1067:2003 called up by the consumer protection notice may also be varied by the notice. For this reason it is important to read both the notice and AS/NZS 1067:2003 together.

The mandatory standard for these products originally came into effect on 1July 1985 and was last amended by Consumer Protection Notice No. 4 of 2005 on 25August 2005. It prescribes lens categories, construction, performance, marking and labelling requirements.

Classifications

A five-category classification method identifies sunglasses and fashion spectacles by their performance in certain conditions and suitability for use:

Lens category 0

These are fashion spectacles, not sunglasses. They have a very low ability to reduce sun glare and may provide only limited UV protection.

Lens category 1

Like category 0 lenses, these are fashion spectacles, not sunglasses; however, they do provide limited sun glare reduction and some UV protection.Fashion spectacles with category 1 lenses are not suitable for driving at night.

Lens category 2

These sunglasses provide a medium level of sun glare reduction and good UV protection.

Lens category 3

Similar to category 2, these sunglasses provide a good level of UV protection. Lens category3 glasses also provide a high level of sun glare reduction.

Lens category 4

These are special purpose sunglasses that provide a very high level of sun glare reduction and good UV protection.Lens category 4 sunglasses must not be used when driving at any time.

Photochromic lenses

Photochromic lenses may not be suitable for night driving, depending on their transmittance properties (i.e. their ability to reduce sun glare and UV exposure).

Meeting mandatory requirements

To comply with the mandatory standard for sunglasses and fashion spectacles, you and your business must meet all the requirements for construction, performance, marking and labelling requirements.

The following are some key requirements of the mandatory standard.

Construction

The mandatory standard requires that:

·  lenses and frames be free of projections and sharp edges which might cause injury or discomfort during their use

·  lenses in both sunglasses and fashion spectacles must be firmly and securely fitted to the frame

·  sunglasses (but not fashion spectacles) must have a minimum area of coverage:

·  adult’s sunglasses must cover two ellipses of 40mm wide and 28mm high, with centres separated by at least 64mm.

·  children’s sunglasses must cover two ellipses of 34mm wide and 24mm high, with centres separated by at least 54mm.

Performance

The performance requirements (specified in AS/NZS 1067:2003) include:

Luminous and UV transmittance requirements

·  The lens’ luminous transmittance, or the amount of light allowed to pass through the lens, must be within specified ranges.

·  The lens’ UV transmittance, or the amount of UV radiation allowed to pass through the lens, must be within specified ranges.

Uniformity of colour for pairs of sunglass lenses

·  Pairs of sunglass lenses mounted in a spectacle frame must be the same colour at corresponding points.

Density matching for pairs of sunglass lenses

·  The luminous transmittance at corresponding points on each lens of a pair must not differ by more than a specified limit.

Coloration of sunglass lenses

·  Lens coloration must be within colour limits.

Plane of polarisation

·  Polarising lenses must be fitted in the frame so that the plane of polarisation is within specified limits.

Photochromic lenses

·  Photochromic lenses must meet the transmittance requirements in both faded and darkened states.

Optical power[2]

Refractive power

·  The individual sunglass lenses must be optically regular and afocal.

Prismatic power

·  The pairs of lenses must not introduce significant prismatic effect. Non-complying lenses may affect the judgement of distances or may cause discomfort or double vision.

It is not possible to be certain by visual inspection alone whether lenses conform to the performance requirements of the mandatory standard and you are advised to engage expert testing to verify compliance.

However, there are some visual checks you can do yourself:

·  Are the lenses free from imperfections? (Look at the lenses for scratches, bubbles, etc.)

·  Do the lenses provide a clear, undistorted view of the world? (Look through the lenses.)

·  For uniformly tinted lenses, is the tint the same over the whole lens?

·  Are both lenses the same colour and darkness?

·  For gradient tinted lenses, is the tint the same on both lenses at their corresponding points?

·  Are both lenses the same shape and size?

If the answer is ‘no’ to any of the above questions, the sunglasses or fashion spectacles may not comply with the mandatory standard and you may wish to seek independent testing.

In addition, if the lenses are an extreme colour or are very dark, you may also want to seek independent testing against the more technical requirements of the standard.

Even if you answer ‘yes’ to all of the above, you may still need to submit samples to an accredited testing laboratory to be sure of compliance with all aspects of the mandatory standard.

Marking and labelling

All assembled sunglasses and fashion spectacles must be clearly and legibly marked or labelled with the following:

Identity of the manufacturer or supplier

The purpose of this requirement is to identify the manufacturer or supplier of the sunglasses to:

·  facilitate recalls

·  differentiate suppliers

·  facilitate consumer contact with the manufacturer or supplier

·  facilitate consumer refunds and private actions.

An Australian:

·  company name

·  registered business name, or

·  trading name

may meet this requirement, where the name is unique and enables easy identification of the manufacturer or supplier.

Lens category number and description in accordance with the table below

Lens
category / Description / Additional required information / Required symbol
0 / Fashion spectacles—not sunglasses
Very low sun glare reduction
Some UV protection / None / None
1 / Fashion spectacles—not sunglasses
Limited sun glare reduction
Some UV protection / NOT SUITABLE FOR DRIVING AT NIGHT / None
2 / Sunglasses
Medium sun glare reduction
Good UV protection / None / None
3 / Sunglasses
High sun glare reduction
Good UV protection / None / None
4 / Sunglasses—special purpose
Very high sun glare reduction
Good UV protection / MUST NOT BE USED WHEN DRIVING /
(This symbol must appear at a minimum height of 5mm)

The information must be indelibly marked on the sunglasses or fashion spectacles frame or provided in the form of a removable label attached to the lens, or as a label or swing tag securely tied to the frame. The information can be supplied in a combination of these forms and must appear at the point of sale.

The marking or labelling must be clearly legible and unobscured by other stickers and labels such as price labels.

Additional marking and labelling requirements

Photochromic sunglass lenses must be labelled or marked ‘PHOTOCHROMIC LENSES’ and unless they reach Category 0 in the dark, they must also be marked with the warning ‘NOTSUITABLE FOR DRIVING AT NIGHT’.

Lenses that do not meet prescribed minimum requirements for signal light detection have the ability to alter a person’s colour perception, and in particular the detection and recognition of traffic signal colours. Such lenses must also be marked with the warning ‘MUST NOT BE USED FOR DRIVING’ and the prescribed warning symbol in the above table.

Your responsibilities as a supplier

As a supplier, you are legally responsible for ensuring that the sunglasses and fashion spectacles you supply meet the mandatory safety standard requirements, which are enforceable by law. Failure to comply can result in legal action, penalties and/or recalls.

All suppliers are equally responsible for ensuring that products they supply meet the mandatory standard.

To do this, we strongly advise you to take the following steps:

·  Read the requirements specified in the consumer protection notice printed in this guide, together with AS/NZS 1067:2003.

·  Have systems in place to visually check these products to ensure they comply with the requirements of this mandatory standard.

·  Use reports from reliable, independent testing laboratories to verify compliance. For more information about testing, see an ACCC publication titled Product Safety—A guide to testing’, which is available via the Product Safety Australia (PSA) website (www.productsafety.gov.au).

·  Register to receive automatic email updates from the PSA website to help ensure you are aware of the latest product safety information.

Consumer guarantees

All Australian traders, whether online or running a ‘bricks and mortar’ operation, must comply with Australian trading laws. Since 1 January 2011 this has included laws on consumer guarantees, which are part of the ACL (which forms Schedule 2 to the Competition and Consumer Act 2010). The consumer guarantees give consumers the right to a refund if a product is unsafe.