Button battery safety - Assessment of regulatory options - Consultation paper

Response 622150183

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Consultation Paper Questions 1 - 7

1. The ACCC considers the status quo and proposes three options to improve the safety of button batteries. Which is your preferred option and why do you prefer it to the others?

The ACCC considers the status quo and proposes three options to improve the safety of button batteries. Which is your preferred option and why do you prefer it to the others?
We prefer Option 3 – “Make a mandatory safety and information standard that adopts requirements in Options 1 and 2 and includes warnings and information requirements.”

This comprehensive approach including secure battery compartment requirements, child-resistant packaging, and warnings and information is essential to ensure that manufacturing and design changes are implemented and that improved safety information is provided to consumers. These changes are needed to protect children from avoidable severe injuries and death.

2. What effect do you believe each of the proposed options will have in saving lives and reducing severe injuries caused by button batteries?

What effect do you believe each of the proposed options will have in saving lives and reducing severe injuries caused by button batteries?
We believe that:
o Option 1: A secure battery compartment is the most critical requirement for minimising access for young children to coin cell batteries.

o Option 2: In addition to Option 1, Child-resistant packaging standards for batteries will reduce unintended access by young children.

o Option 3: In addition to Option 2, warnings and labelling on consumer goods that use button batteries ensure that consumers are provided with relevant safety information to alert them to the dangers of button batteries to children, and direct appropriate action when an incident occurs. This option is likely to prevent more deaths and serious injuries than all of the other options by reducing incidents of child exposure to button batteries.

3. Provide comment on the ACCC’s essential requirements for secure battery compartments, child-resistant packaging and warnings and information. Are there any additional requirements that should be included?

Provide comment on the ACCC’s essential requirements for secure battery compartments, child resistant packaging and warnings and information. Are there any additional requirements that should be included?
No additional requirements should be included.

4. In relation to the requirement for secure battery compartments in which button batteries are only accessible with the use of a tool, do you consider that the use of a ‘tool’ should include the use of a coin? Why/why not?

In relation to the requirement for secure battery compartments in which button batteries are only accessible with the use of a tool, do you consider that the use of a ‘tool’ should include the use of a coin? Why/why not?
We do not support the use of a coin as a tool for accessing the battery compartment. We are trying to resolve an issue, but could potentially create another problem if a coin were used as the tool to open the battery compartment. Coins present a choking/ingestion hazard for small children. If an adult successfully opens and closes the battery compartment door but then leaves the coin unattended, a child may still have access to the coin.

5. Do you supply products that currently meet the essential requirements for secure battery compartments, child-resistant packaging and warnings and information? If not, which requirements do your products not meet and why?

Do you supply products that currently meet the essential requirements for secure battery compartments, child resistant packaging and warnings and information? If not, which requirements do your products not meet and why?
We supply blood glucose meters, which now meet the essential requirements for secure battery compartments and also have warnings and information regarding coin cell battery safety in the product labelling.

We also supply a blood glucose meter which has warnings and information regarding coin cell battery safety in the product labelling but does not meet the requirement for a secure battery compartment. This blood glucose meter has been on the Australian market for many years, but it is now planned to be phased out of the market by the end of Q2 2021.

6. Provide comment on the ACCC’s proposed information standard for warnings and information to be made available at point of sale. Are there any additional requirements that should be included for products sold online, or for unpackaged products supplied to consumers?

Provide comment on the ACCC’s proposed information standard for warnings and information to be made available at point of sale. Are there any additional requirements that should be included for products sold online, or for unpackaged products supplied to consumers?
No additional requirements are recommended.

Consultation Paper Questions 8 - 14

8. Do you agree with the proposed exemption for hearing aid devices and associated zinc air batteries? Please explain your reasons. (See section 5.2)

Do you agree with the proposed exemption for hearing aid devices and associated zinc air batteries? Why/why not? (see Section 5.3)
Yes, we agree with the proposed exemption for hearing aid devices as there is a lower risk profile with the zinc-air batteries. We would propose that the zinc-air battery exemption should be expanded to include other medical devices that use zinc-air batteries. These medical devices would still be subject to the warnings and information requirements outlined in Option 3. However, they would be exempt from the requirement of a secure battery compartment and child-resistant packaging for replacement batteries. Yet it is important for people with diabetes to be able to independently manage changing the batteries in their diabetes care devices to manage their disease. Medical devices such as diabetes care products are regulated by the TGA, who would assess the risks against the benefits. Supporting information would include the lower risk profile of zinc-air batteries as described in Section 5.2 of the consultation paper.

9. Do you consider that any other categories of consumer goods should be exempt from any of the proposed requirements? Do you have information and data you can provide to the ACCC in support of your view?

Do you consider that any other categories of consumer goods should be exempt from any of the proposed requirements? Do you have information and data you can provide to the ACCC in support of your view?
Please refer to our response to question 8 regarding medical devices containing zinc-air batteries.

10 . What are the likely costs to implement each of the requirements (design changes, child resistant packaging, labelling), and what do you consider is the likely effect on prices for consumers?

What are the likely costs to implement each of the requirements (design changes, child resistant packaging, labelling), and what do you consider is the likely effect on prices for consumers?
Implementing the requirements of Option 3 is not unduly burdensome if phased in over an appropriate period, and this option is likely to prevent a significant number of severe injuries and fatalities.

11. Do you think that all potential costs to business have been considered? Can you provide any further information about the likely cost and impact of each of the options?

Do you think that all potential costs to business have been considered? Can you provide any further information about the likely cost and impact of each of the options?
No. We believe all potential costs to business have been considered and we have no further information about the likely costs/impacts of each of the options.

12. Provide comment on the transition period for the proposed options. (See section 7)

Provide comment on the transition period for the proposed options (see Section 7).
Due to the complexities of the design and manufacturing processes for some consumer products, such as medical devices, the work involved in making the transition can be significant. Therefore, we propose the transition period allow for differences between product types. Rather than requiring the transition to be complete in 12 months, perhaps there could be an option for manufacturers to provide their transition plan to the agency within some timeframe, and gain agency approval on the plan if appropriate. This could be an either/or such as, “Any new mandatory safety and/or information standard for button batteries and consumer goods that use button batteries be subject to a 12-month transition period from the date of commencement or "as communicated and agreed with the agency.”

13. Provide comment on the principles-based approach to a mandatory safety standard. (See section 7.2)

Provide comment on the principles based approach to a mandatory safety standard (see Section 7.2). A principles based approach: • Sets out safety principles that need to be met rather than specifying detailed standards • Incorporates external instruments for compliance tests only • Includes administrative guidance which provides examples of relevant clauses in external standards that are considered to comply with each requirement.
We support using a principles-based approach so ACCC would provide further details on the interpretation of the principles related to each requirement and outline the relevant clauses of voluntary standards that are deemed to comply with each requirement.

14. Provide any additional information or data that you think may be useful for informing the ACCC’s recommendation to the Minister.

Provide any additional information or data that you think may be useful for informing the ACCC’s recommendation to the Minister.
None. No additional information will be provided.