Minimum safety regulations for swimming aids in South Africa

PDF version [VC9090-i]

1. Introduction

A swimming aid is a garment or device which, when worn or held correctly, and used in water under constant supervision, will provide the buoyancy required to become familiar with movement through the water, assist with learning to swim or to improve swimming strokes.

A swimming aid type can be defined as a category of swimming aid that does not differ in such essential respects as:

a)    the trade name or mark; and

b)    the shape, materials, dimensions, manufacturing processes or methods of assembly. However, a swimming aid type may include a range of sizes, provided that the dimensions of each size in the range is at least equal to that in the sample which when subjected to the tests satisfied the requirements of the relevant product specification standard.

The importation, sale and supply of swimming aids are regulated in the Republic of South Africa by means of the Technical Regulation Best Practice Model.

 

Legislation is the mechanism through which Government may implement its policy with regard to safety, health, environmental control and consumer protection as it relates to the supply of commodities in the marketplace.

The importation, sale and supply of swimming aids in the Republic of South Africa are subjected to the provisions and requirements of the National Regulator for Compulsory Specifications Act, 2008 (Act No. 5 of 2008).

A technical regulation in terms of Act No. 5 of 2008 is a South African National Standard or a provision of a South African National Standard that has been declared compulsory by means of a notice in the Government Gazette in terms of section 13 of Act No. 5 of 2008 by the Minister of Trade & Industry. Such a technical regulation is defined as a compulsory specification in terms of section 1 of Act No. 5 of 2008.

In accordance with the definitions in section 1 and the requirements of section 14 of Act No. 5 of 2008, no person may import, display, offer, advertise or export for or in pursuance of a sale, have in possession for the purpose of sale, trade, manufacture or export, or supply a commodity, product or service to which a compulsory specification appliers, unless such a commodity, product or service complies with the compulsory specification concerned. All swimming aids that are sold, manufactured and supplied in, imported into and exported from the Republic of South Africa shall comply with the Compulsory Specification for swimming aids (herein referred to as VC9090:2009) as published by Government Notice No. R. 91 (Government Gazette No. 31844) of 6 February 2009.

In accordance with regulation 2.1 as published by Government Notice No. R. 999 (Government Gazette No. 9728) of 3 May 1985, the manufacturer or importer shall keep accurate records in respect of the number of swimming aids manufactured or imported.

In accordance with the regulations relating to the payment of levy and the issue of sales permits in regard to compulsory specifications as published by Government Notice No. R. 999 (Government Gazette No. 9728) of 3 May 1985, the manufacturer or importer shall pay the prescribed levies as published from time to time in the Government Gazette to the NRCS on the first day of the month following the expiry of each levy period on the number of swimming aid units manufactured or imported. The levy periods are 01 April – 31 June, 01 July – 30 September, 01 October – 31 December and 01 January – 31 March of each Government financial year.

Manufacturers and importers of swimming aids are advised to inform their suppliers, distributors and retailers of the abovementioned requirements.

4.1 Standards

The standard is the part of the technical regulation that defines the product safety characteristics with which a commodity must comply.

In accordance with paragraph 3.1 of VC9090:2009 swimming aids that are carried or worn on the body shall comply with the applicable requirements of the latest edition of SANS 53138-1: ‘Buoyant aids for swimming instruction – Part 1: Safety requirements and test methods for buoyant aids to be worn.’

In accordance with paragraph 3.2 of VC9090:2009 swim seats shall comply with the applicable requirements of the latest edition of SANS 53138-3: ‘Buoyant aids for swimming instruction – Part 3: Safety requirements and test methods for swim seats to be worn.’

Manufacturers and importers of swimming aids are advised to obtain copies of the abovementioned South African National Standards from the South African Bureau of Standards (SABS) in order to familiarise themselves with the product safety requirements.

5.1 Regulator

The NRCS was established in terms of Act No. 5 of 2008 for the administration and maintenance of compulsory specifications and the implementation of a regulatory and compliance system for compulsory specifications.

The Chemicals, Mechanical & Materials Division (CMM) of the NRCS is responsible for the administration of VC9090:2009.

5.2 Conformity assessments

The conformity assessment process provides evidence to the Regulator indicating compliance with a technical regulation.

The conformity assessment function for swimming aids consists of mainly two parts, namely approvals and surveillance inspections.

5.2.1 Approvals

In accordance with the requirements of paragraph 3.3 of VC9090:2009, the manufacturer or importer that is an established legal entity within the Republic of South Africa shall apply to the NRCS for the approval of each type of swimming aid before it is placed on the market. An application for approval of each type of swimming aid shall consist of the items as listed in NRCS form No. VC9090-A.

A set of application forms consists of the following:

·         NRCS form No. VC9090-A;

·         NRCS form No. VC9090-B;

·         NRCS form No. VC9090-B1;

·         NRCS form No. VC9090-B2;

·         NRCS form No. VC9090-B3;

·         NRCS form No. VC9090-B4;

·         NRCS form No. VC9090-B5;

·         NRCS form No. VC9090-B6;

·         NRCS form No. VC9090-C.

The Specialist of the NRCS CMM Division can be contacted for further details regarding the approvals process and for the submission of applications for the approval of swimming aids.

Proof of approval will be in the form of a NRCS Letter of Authority (LOA) certificate for a type of swimming aid pursuant to VC9090:2009, bearing a unique approval number that was assigned to each approved type. The holder of the approval shall ensure that the approval number is marked on each swimming aid conforming to the type approved under VC9090:2009 so as to be visible to the purchases at the point of sale.

Manufacturers, importers, suppliers, distributors and retailers of swimming aids are advised to inform their customers to only obtain swimming aids displaying such approval numbers. Such an approval number can be recognised by the following characters printed at least 6mm high on the swimming aid type:

RSA AZ/9090/2009/[sequential number allocated by the NRCS]

All manufacturers, importers and suppliers must be in possession of a NRCS LOA certificate for the importation, sale and supply of each type of swimming aid in the Republic of South Africa.

5.2.1.1 Importation of swimming aids

The Customs service of the South African Revenue Service may demand a letter of authority certificate from an importer for the release of a consignment of imported swimming aids.

The Customs official will release the consignment of swimming aids once the importer has presented a letter of authority certificate that is relevant to the types of swimming aids as contained in the consignment.

5.2.2 Surveillance inspections

Surveillance inspections is a function performed by the NRCS whereby its inspectors go out into the market and inspect swimming aids at the point of import, sale and supply in order to ensure that nobody is importing, selling or supplying swimming aids that are a thread to the health and safety of the public. The NRCS inspectors inspect manufacturers, importers, distributors (e.g. wholesalers), retailers and suppliers of swimming aids in accordance with sections 17, 18 and 19 of Act No. 5 of 2008. During such inspections at manufacturers, importers, retail outlets and suppliers, samples are taken and forwarded to testing laboratories in order to monitor compliance with the compulsory specifications in accordance with section 20(2) of Act No. 5 of 2008.

5.3 Sanctions

The sanctions process is the mechanism used by the Regulator to prevent the availability to the consumer of commodities that do not meet the requirements of the technical regulations.

The following recourses are available to the NRCS to prevent the availability to the public of swimming aids that do not meet the requirements of VC9090:2009:

a)    A NRCS inspector may remove the non-compliant swimming aids from the premises of the manufacturer, importer, distributor, retailer or supplier and place it under the control of the NRCS in accordance with section 17 of Act No. 5 of 2008.

b)    The CEO of the NRCS may issue a directive in accordance with section 15(1) of Act No. 5 of 2008 to ensure that any person (who may be a NRCS inspector, manufacturer, importer, distributor, retailer or supplier) who is in possession or control of the non-compliant swimming aids, keeps it in his or her possession or under his or her control at or on any premises specified in the directive, and does not tamper with or dispose of it, until the directive is withdrawn by the CEO in writing.

c)     The Board of the NRCS may take action to ensure the recall of the non-compliant swimming aids, direct in writing that the importer of the non-compliant swimming aids returns it to its country of origin, or direct in writing that the non-compliant swimming aids be confiscated, destroyed or dealt with in such other manner as the Board may consider fit in terms of section 15(3) of Act No. 5 of 2008.

d)    The NRCS may take legal action against the manufacturer, importer, distributor, retailer, or supplier of non-compliant swimming aids in accordance with section 34 of Act No. 5 of 2008.

e)    Press releases to warn the public of non-compliant swimming aids in accordance with section 29 of Act No. 5 of 2008.

Any individual or organization may contact the NRCS CMM Division concerning suspected non-complying swimming aids that may be available in the market. When reporting such concerns of suspected non-complying swimming aids, the following information will be required by the NRCS CMM Division:

a)    Full description of the suspected non-complying swimming aid type.

b)    Name of the importer, seller or supplier who has supplied the swimming aid type.

c)     Physical address and contact details of the importer, seller or supplier.

Reporters are advised to keep the following evidence:

a)    Proof of purchase or other delivery documents.

b)    The product itself.

c)     All accompanying documentation and packaging.

On receipt of such reports the NRCS CMM Division will conduct an investigation into the suspected non-complying swimming aids. The NRCS CMM Division will take any actions needed that may be necessary to prevent the availability of non-complying swimming aids to the public.

The reporter will be notified of the outcome of the investigation verbally (if the concern was received verbally) or in writing (if the concern was received in writing) within the limits of Section 32 of Act No. 5 of 2008.

The person or organisation reporting a concern to the NRCS CMM Division will not be divulged to the alleged contravener, unless specifically authorised by the reporter.

7.1 Approval of swimming aids

Mr. S.F. Odendaal

SPECIALIST

NRCS CMM DIVISION

Tel No.: +27 12 428-6065

Fax No.: +27 12 428-6513

E-mail: odendasf@nrcs.org.za

7.2 Consumer recourse

NRCS CMM Regional Operations Section

Mr. Hendrik F. de Kock

MANAGER: CMM REGIONS

Tel No.: +27 (012) 428-6585

Fax No.: +27 12 428-6513

E-mail: DEKOCKHF@nrcs.org.za

NRCS CMM Gauteng Section

Mrs. Emmah Monyanga

MANAGER: INSPECTIONS

Tel No.: +27 (012) 428-6502

Fax No.: +27 12 428-6513

E-mail: monyange@nrcs.org.za

7.3 Information and purchasing of South African National Standards

SABS Standards Information Centre

Telephone Number:

National: (012) 428-6666

International: +27 12 428-6666

Fax Number:

National: (012) 428-6928

International: +27 12 428-6928

Email: info@sabs.co.za

Centre hours: 07:30 – 17:00

This page was last updated on 10/12/2009.