Clarification of Sunglass tagging requirements
ODMA has had a few frames suppliers seeking to clarify if they or the practice/retailer are responsible for the attachment of tags.
Please find here a summary to assist to clarify this topic that is crucial for suppliers and distributors to ensure compliance and yet has some areas that are somewhat grey in the Standards potentially allowing for wrong assumptions.
Our thanks to ODMA Standards representatives Amy Hoole and Lionel Minter for their efforts to provide the information in this bulletin.
Sunglass Tagging Standards
The mandatory standard for sunglasses and fashion spectacles applies to non-prescription sunglasses mounted in spectacle frames: rimless sunshields and one-piece visors; clip-on; slip on type sunglasses; children’s sunglasses and fashion spectacles and light tint sunglasses.
As an industry, we must comply with the mandatory “Consumer Goods (Sunglasses and Fashion Spectacles) Safety Standard 2017”.
The mandatory standard encompasses most, but not all, requirements of AS1067.1:2016. Complying with the “Consumer Goods (Sunglass and Fashion Spectacles) Safety Standard 2017” does not mean you are complying with AS1067.1:2016.
Labelling
The major confusion for suppliers appears to revolve around the area of labelling.
The mandatory requirement is taken directly from the AS1067.1:2016
Manufacturers shall provide information for the stores with each pair of sunglasses
This can be in the form of an indelible marking on the sunglass frame, a removable label affixed to the lens, a removable label securely attached to the frame, the packaging that accompanies the sunglasses at the point of supply or sale or any combination of these means.
The mandatory standard applies at all stages of the supply chain i.e. stores are responsible for selling the sunglass with the correct labelling.
What information is mandatory:
Identification of Model (e.g. Model number)
Name and address of manufacturer/supplier
Type of filter if photochromic and / or polarised
Filter category (0 to 4) (in both the faded and darkened states for photochromic filters)
Description of the filter category – category number/description/usage – minimum of 5mm for symbols however, symbols are optional
List the Restrictions of use as in the standard:
Not for direct observation of the sun
Not for protection against artificial light sources, e.g. solaria
Not for use as eye protection against mechanical impact hazards (this is for products not satisfying the requirements of Clause 7.6 in AS1067.1:2016 which relates to increased level of impact resistance)
Any other restrictions deemed appropriate to be communicated by the manufacturer e.g increased or decreased transmittance of photochromic glasses due to high or low temperatures or to low light conditions
When the filter does not meet the necessary requirements for driving and for filter category 4, the following warning must be supplied:
NOT SUITABLE FOR DRIVING AND ROAD USE
along with either of the symbols shown in Figure 2 of the standard. The minimum height of the symbol must be 5mm
When the filter is Category 1 to 3 one of the following warnings must be supplied:
NOT SUITABLE FOR DRIVING IN TWILIGHT OR AT NIGHT
NOT SUITABLE FOR DRIVING AT NIGHT OR UNDER CONDITIONS OF DULL LIGHT
Please ensure that marking or labelling is not obscured by other important information e.g. price labels
The labelling for the mandatory standard applies at all stages of the supply chain.
Testing
Whilst it is recommended that the test facility is accredited to provide additional assurance, this is not mandatory. However, the onus is on the distributor to ensure the testing is performed by a competent organisation that warrants its results. This does not preclude sunglass companies from conducting their own testing. In case of any legal dispute, and when determining product non-compliance, the ACCC will rely on test results from a NATA accredited (or other recognised accredited or suitably qualified) test facility. The decision of whether a product complies with the Standard is ultimately one for the Federal Court.
Note: In Australia, NATA and globally ILAC, accredits test facilities to perform tests in compliance with the relevant Safety Standard.
On Line Sellers
Note that you must tag a product if you are sending it directly to a consumer.
All suppliers must comply with the field of view requirement and not supply products under 28mm in diameter as these products are illegal.
ACCC Update
It is important to note that the AS 1067:2016 standard had an amendment published in 2021 (AS 1067:2016 And 1:2021). Part of the amendment was in relation to labelling, specifically around the use of accepting both upper and lower case text and also the wording relating to the filter categories. There has been proposed amendments submitted to the ACCC in 2020, however, these are still yet to be adopted by the ACCC and updated in the “Consumer Goods (Sunglasses and Fashion Spectacles) Safety Standard 2017”.
Whilst ODMA has been in contact with representatives on this, we have been advised that this can take a number of years to be implemented.
ODMA will continue to pursue the ACCC and will continue to provide members with clear updates when they become available.
It is important that members continue to comply only with the Consumer Goods (Sunglasses and Fashion Spectacles) Safety Standard 2017”.