4704

NEW ZEALAND GAZETTE

No. 170

(i) a declaration of conformity; and
(ii) a product description; and
(iii) a test report from an accredited testing body.

Level of conformity A1
Where a product is in a class to which level of conformity A1 applies, then, prior to supplying the product, the supplier must ensure that the product conforms to an applicable standard and:
(a) must label the product with the supplier’s supplier code number; and
(b) must create a compliance folder containing:
(i) a declaration of conformity; and
(ii) a product description.

Level of conformity A2
Where a product is in a class to which level of conformity A2 applies then, prior to supplying the product, the supplier must ensure that the product conforms to an applicable standard and:
(a) must label the product with the supplier’s supplier code number; and
(b) must create a compliance folder containing:
(i) a declaration of conformity; and
(ii) a product description; and
(iii) a test report, or manufacturers performance specifications, or other reasonable documented evidence of product conformity.

Level of conformity A3
Where a product is in a class to which level of conformity A3 applies then, prior to supplying the product, the supplier must ensure that the product conforms to an applicable standard and:
(a) must label the product with the supplier’s supplier code number; and
(b) must create a compliance folder containing:
(i) a declaration of conformity; and
(ii) a product description; and
(iii) a test report from an accredited testing body.

(b) A product declared to level of conformity A1, A2 or A3 must not be labelled with the compliance mark.

5. Labelling of products
(a) The label on any product:
(i) must be legibly and durably applied on the external surface of the product as near as is possible to the model identification. Where this is not possible due to the size or nature of the product, the label may be placed on the packaging or warranty or instructions for the product.
(ii) may be reproduced in any colour provided that there is sufficient contrast with the background colour or relief.
(iii) may also be placed on promotional material associated with the product.
(b) The compliance mark on any label must be no smaller than 3mm in diameter and the supplier identification characters must be no less than 1mm in height.
(c) If a supplier is labelling a product with the RCM compliance mark, the supplier must comply with the requirements of AS/NZS 4417.
(d) Irrespective of the supplier identification used by a supplier, a supplier must not label a product unless the supplier has applied for, and been allocated, a supplier code number.
(e) No variations are permitted to a compliance mark.
(f) If the labelling of a product in accordance with the requirements of this section is not possible, the supplier must obtain a written exemption from the Chief Executive before supplying the product.

6. Compliance folder
(a) A compliance folder consists of documentation as prescribed in Section 4 of this notice. The compliance folder:
(i) must be in English.
(ii) may be kept in an electronic form.
(iii) must, if only available in a written form, be held at the supplier’s place of business in New Zealand.
(iv) must be retained by the supplier for a period of 5 years from the date on which the product ceases to be supplied by the supplier.
(v) must, in regard to any variants of the product, contain a signed statement that the variations do not alter the electromagnetic compatibility or radio frequency emission characteristics of the product.
(vi) must, if a certificate issued by another administration is the basis for the declaration of conformity, include evidence that the product has been altered to comply with New Zealand requirements.