Section 2 Social ompliance, REAH , ode of onduct and Legal...

Section 2 Social Compliance, REACH, Code of Conduct and Legal Requirements

Contents:

2-1: Social Compliance & Flowchart

2-2: Pre-Audit Questionnaire

2-3: Protection and Banned Processes Policy

2-4: Current Legislation/Standards and Codes of Practice

2-5: REACH and Restricted Substance Policy

2-6: REACH Explained

2-7: Restricted Substance Table

2-8: Declaration of Conformity

2-9: Code of Conduct Declaration

Animal Supplier Manual October 2019 V5.0 – Section 2 - Social Compliance, REACH and Legal Requirements Page 1

2-1 Social Compliance

Social Compliance Policy

As an international business with a global supply chain and a growing retail base, Animal believes it has a responsibility to act and trade ethically in all its commercial activities. Everyone who works for Animal is dedicated to protecting and maintaining the brand’s reputation. Animal is committed to the safe and fair treatment of all those involved in the manufacture of its products. Whilst Animal acknowledges that there are still issues associated with operating in developing countries, we recognise that many ethical and trading issues cannot be solved overnight. However we strongly believe that gradual and significant change is an achievable goal and we ask that our suppliers collaborate with us to bring about this change by:

working with us to address any problems

being open and honest

completing Animal’s Compliance Questionnaire – see page 5

following up on and working towards any corrective action plan provided

Animal works to a Code of Conduct which sets out the core principles that suppliers and factories must follow to ensure products are made in good working conditions and the people making them are treated fairly and paid a wage that is not less than the minimum national legal requirement.

The Animal Code of Conduct is based upon the Ethical Trading Initiative Base Code, which is itself founded on the conventions of the International Labour Organisation and is an internationally recognised code of labour practice. The key points are listed below:

1. Employment is freely chosen

2. Freedom of association and the right to collective bargaining are respected

3. Working conditions are safe and hygienic

4. Child labour shall not be used

5. Living wages are paid

6. Working hours are not excessive

7. No discrimination is practised

8. Regular employment is provided

9. No harsh or inhumane treatment is allowed


Animal Code of Conduct 1. Employment is freely chosen

There is no forced, bonded or involuntary prison labour.

Workers are not required to lodge "deposits" or their identity papers with their employer and are free to leave their employer after reasonable notice.

2. Freedom of association and the right to collective bargaining is respected

Workers, without distinction, have the right to join or form trade unions of their own choosing and to bargain collectively.

The employer adopts an open attitude towards the activities of trade unions and their organisational activities.

Workers’ representatives are not discriminated against and have access to carry out their representative functions in the workplace.

Where the right to freedom of association and collective bargaining is restricted under law, the employer facilitates, and does not hinder, the development of parallel means for independent and free association and bargaining.

3. Working conditions are safe and hygienic

A safe and hygienic working environment shall be provided, bearing in mind the prevailing knowledge of the industry and of any specific hazards. Adequate steps shall be taken to prevent accidents and injury to health arising out of, associated with, or occurring in the course of work, by minimising, so far as is reasonably practicable, the causes of hazards inherent in the working environment.

Workers shall receive regular and recorded health and safety training, and such training shall be repeated for new or reassigned workers.

Access to clean toilet facilities and to potable water, and, if appropriate, sanitary facilities for food storage shall be provided.

Accommodation, where provided, shall be clean, safe, and meet the basic needs of the workers.

The company observing the code shall assign responsibility for health and safety to a senior management representative.

4. Child labour shall not be used

Children and young persons under 18 shall not be employed at night or in hazardous conditions.

These policies and procedures shall conform to the provisions of the relevant ILO standards.

5. Living wages are paid

Wages and benefits paid for a standard working week meet, at a minimum, national legal standards or industry benchmark standards, whichever is higher. In any event wages should always be enough to meet basic needs and to provide some discretionary income.

All workers shall be provided with written and understandable Information about their employment conditions in respect to wages before they enter employment and about the particulars of their wages for the pay period concerned each time that they are paid.


Deductions from wages as a disciplinary measure shall not be permitted nor shall any deductions from wages not provided for by national law be permitted without the expressed permission of the worker concerned. All disciplinary measures should be recorded.

Working hours are not excessive.

Working hours comply with national laws and benchmark industry standards, whichever affords greater protection.

In any event, workers shall not on a regular basis be required to work in excess of 48 hours per week and shall be provided with at least one day off for every 7 day period on average. Overtime shall be voluntary, shall not exceed 12 hours per week on a regular basis, shall not be demanded on a regular basis and shall always be compensated at a premium rate.

6. No discrimination is practised

There is no discrimination in hiring, compensation, access to training, promotion, termination or retirement based on race, caste, national origin, religion, age, disability, gender, marital status, sexual orientation, union membership or political affiliation.

7. Regular employment is provided

To every extent possible work performed must be on the basis of recognised employment relationship established through national law and practice.

Obligations to employees under labour or social security laws and regulations arising from the regular employment relationship shall not be avoided through the use of labour-only contracting, sub- contracting, or home-working arrangements, or through apprenticeship schemes where there is no real intent to impart skills or provide regular employment, nor shall any such obligations be avoided through the excessive use of fixed-term contracts of employment.

8. No harsh or inhumane treatment is allowed

Physical abuse or discipline, the threat of physical abuse, sexual or other harassment and verbal abuse or other forms of intimidation shall be prohibited.

9. Auditing

Animal’s Code of Conduct applies to suppliers, their factories and any sub-contractors manufacturing for Animal. We are constantly working to improve our programme of auditing to help our suppliers comply with our Code of Conduct.

Our auditing priorities are driven by six main factors: a. The level of turnover with a supplier b. The proportion of a supplier’s production that is dedicated to our business c. Country or region of manufacture d. Production processes involved e. Any existing recognised audits reports made available to Animal e.g. Sedex, BSCI, ITS/SGS f. Any other information about a particular supplier or factory that identifies an area of risk

Please see our ethical flow chart (following page) detailing how and when

audits for Animal will be requested.


Social Compliance Flowchart

Business requirements:

1. Existing Audit Reports submitted

2. Volume of business with supplier

3. Proportion of supplier’s capacity dedicated to Animal

4. Country of manufacture 5. Production processes

involved

Supplier/Factory to complete and fill out:

Compliance Questionnaire

Animal Nominated QC Team to visit factory

and complete:

Internal Factory Form

Animal will review both these documents versus

business requirements

Animal request External Audit by Animal

authorised labs to be carried out and CAP

submitted by lab

Animal will submit Corrective Action Plan (CAP) to Supplier and timeline to carry out

actions


2-2 Pre-Audit Questionnaire Prepared by Animal

Factory Name:

Address:

Contact:

Tel / Fax / Email / Contact:

Tel:

Fax:

E-mail:

Total Staff:

Factory Product Type:

Date of Completion:

Completed By:


Management Interviews

Factory and Accommodation Audit

1. Health and Safety, First Aid, Working Conditions Yes / No Comments

1.1 Is there sufficient ventilation, heating and lighting?

1.2 Is the machinery well maintained? Is it equipped with protective operational devices and machine guards? How periodically are they inspected?

1.3 Is there sufficient space between the machines? (Guideline is based on getting in and out without affecting another worker).

1.4 Are hazardous materials kept in sealed containers in a separate storage facility?

1.5 Are material safety data sheets held for hazardous chemicals?

1.6 Are the material safety data sheets for hazardous chemicals freely available to workers?

1.7 Are all warning poster and containers labels written in the local language?

1.8 Are the appropriate extinguishers placed near flammable chemicals?

1.9 Is appropriate first aid available near toxic chemicals? Are eye baths available?

1.10 Is personal protective equipment used as instructed?

1.11 Is the personal protective equipment in good condition? Are there facilities for storage and are these well maintained?

1.12 Are workers trained on the need for, and proper use of, required safety and personal protective equipment?

1.13 Is there an up-to-date accident book and is it used to identify trends?

1.14 Do you conduct a regular fire drill and how often?

1.15 What types of warning systems are used in case of an emergency? (Alarm types used)

1.16 Are there fire alarms on each floor? Is emergency lightening above exits?

1.17 Is there an evacuation route plan? Is this clearly posted throughout the factory?

1.18 Are the floors clean, aisles marked and free from obstructions?

1.19 Are emergency exit routes posted throughout the facility?

1.20 Are emergency exit routes clearly marked, passable and unlocked during working hours? How many are there?

1.21 Do the exits lead to a place of safety?

1.22 Are fire escapes available for buildings over one storey high?


1.23 Are there fire extinguishers or other fire safety equipment on each floor and are they serviced on a regular basis? How many fire extinguishers do you have?

1.24 Are first aid boxes supplied / equipped with the basic facilities? How many and where?

1.25 Are there trained first aid people in the factory? How many are there?

1.26 Are there are any procedures in place, to deal with serious injures requiring medical attention?

1.27 Is there a needle policy and are appropriate records kept?

1.28 Do you have a metal detector and are there calibration record sheets available?

1.29 Are there sufficient and clean bathroom facilities available? How many toilets and washbasins are available?

1.30 Is portable drinking water available?

1.31 Do all employees have equal access to the water?

1.32 Are there any management representatives appointed to be responsible for health and safety?

2. Housing / Accommodation (if appropriate)

2.1 Does the accommodation appear safe, clean and orderly?

2.2 Are fuel and basic provisions provided?

2.3 Are kitchen and laundry facilities provided?

2.4 Are there cooked food facilities available? Is there a cold room / refrigerator available?

2.5 Is sufficient space available, to allow segregation by gender?

2.6 Are written dormitory rules posted?

2.7 Are mats and beds available for each employee?

2.8 Are workers provided with lockers for personal items?

2.9 Are sufficient bathroom facilities available?

2.10 Are common or recreational areas available and with equal access to all employees?

2.11 Are common and bathroom areas clean, well lit and ventilated?

2.12 Are there fire extinguishers or other equipment on each floor? Are they serviced on a regular basis?

2.13 Are fire escapes available for buildings over one storey high?

2.14 Are emergency exit routes posted throughout the facility?

2.15 Is there any security at the workers’ accommodation? Are guards posted and what are their duties?

2.16 Are employees free to come and go as they please outside working hours?


3. Employment & Forced labour Yes/No Comments

3.1 Does the factory keep your workers ID card / passport / official papers while employed at the factory? For what purpose?

3.2 Do all workers have a Contract / Letter of Employment specifying their working conditions?

3.3 Are the workers free to quit if they wish to?

3.4 Are workers free to leave the factory premises at the end of the shift?

3.5 Are workers family members allowed to visit freely after duty/shift times?

3.6 Are all workers present in the factory here voluntarily?

3.7 Do workers lodge ‘deposits’ or identity papers before employment proceeds? With whom?

3.8 Do all workers know the notice period they have to serve, should they wish to leave? Are there any penalties to pay if they leave before the agreed term and can workers appeal?

3.9 Are workers allowed to talk at the workplace?

3.10 Does the company practise security searches when workers leave the factory? If yes, please record how, and how regular.

4. Remuneration 4.1 Do wages being paid meet the government / industry minimum?

4.2 Are workers’ wages sufficient for their basic needs?

4.3 Are wages at training periods less than the legal minimum or insufficient for basic needs?

4.4 Are there any deductions withheld without the workers contractual permission? If yes, for what reasons?

4.5 Do you still pay workers who are absent from work due to illness or recovery after an accident?

4.6 Are incentives or bonus payments up-to-date? What types are there?

4.7 Do the workers receive a wage slip with details?

4.8 Are the workers’ wages paid on time?

4.9 Do the workers understand how their wages are calculated?

4.10 Are all workers being paid as agreed at their interview / contract? If No, What issues have you had?

4.11 Is there any compensation scheme in operation for workers who have been injured / disabled due to an accident in the workplace?


5. Discrimination & Grievance Policy Yes/No Comments 5.1 Are all workers given equal opportunity in this facility?

5.2 Is there are difference in wages for men and women doing the same tasks? If so, what is the difference?

5.3 Is there are process to lodge a complaint based on discrimination? How does this process work?

5.4 Are workers with special needs or disabilities employed? Are there any special arrangements made for these people? Are they treated equally?

5.5 Is it difficult for the workers to get a promotion? Is it more difficult for men or for women?

5.6 Are men and women treated the same by the supervisors? If No, what are the differences?

5.7 If there are any ethnic minorities, are they treated equally?

5.8 Have any of your workers been harassed, bullied or assaulted. If Yes, what action did the management take?

5.9 Have workers ever been denied their religious holidays?

5.10 Is maternity leave granted with no loss of job?

5.11 Is there a grievance Policy in place? How does it operate?

5.12

Are records kept for grievance policies?

6. Working Hours

6.1 Do all workers understand the law on working hours within your company?

6.2 Do the workers have to work longer hours than your countries legal requirements?

6.3 Do your workers work more than 12 hours overtime a week?

6.4 Is there a higher rate of wages paid for overtime work?

6.5 Is it possible for workers to refuse overtime?

6.6 Are all government designated holidays granted?

6.7 How many days a week do your workers have to work? Do they sometimes have to work 7 days per week? If so, how often and has that happened in the last three months?

6.8 Have any workers ever been fired for refusing to work overtime?

6.9 Has any worker ever had an accident because of fatigue during overtime?

6.10 Are there regular breaks supplied? What are these breaks?

6.11 Do you use sub-contractors for part or process of any Animal orders?


7. Disciplinary Practises Yes/No Comments 7.1 Do the workers receive any form of punishment due to their job

performance? If Yes, what type of punishment have they received?

7.2 Do you think the factory has a good discipline procedure?

7.3 Are there any workers who have been individually punished outside the workplace? If Yes, what type of punishment have they received?

7.4 Do any of your workers feel that they are working under an arbitrary / forced atmosphere?

7.5 Do you feel confident that all workers are given respect and treated well by management and other workers?

8. Child Labour

8.1 What age is described as the legal age to work under the local / national requirement?

8.2 What is the minimum age of workers in the factory?

8.3 Do workers have to provide proof of age documents when commencing at the factory? Are these records retained on file?

8.4 Are children allowed to visit the factory during working hours?

9. Management systems

9.1 Are there management systems in place which document the trading relationships between the factory and their Suppliers?

9.2 Are records kept for the origin of raw materials origin?

9.3

Are Suppliers who supply the factory with materials audited for best practice and compliance?

10. Freedom of association

10.1

Is there a trade union?

10.2 Does the trade union representative work within the factory?

10.3 If there is no trade union – are workers permitted to create their own union?

10.4 If workers create their own Trade union- are they free to select the representative amongst themselves?


Non – Compliance Report

Detail of Non – Compliance(s) / Observation(s)

-Evaluation-

Corrective action(s)

And Timescale

1. Example: No fire exits over fire escape door.

Install fire exit signs over fire escape doors 1/11/08

2.

3.

4.

5.

6.

7.

8.

9.

10.

Recommendations. (Based on best practises seen, we would also like to make the following suggestions):


2-3 Animal Protection and Banned Processes Policy Animal believe that it is never acceptable to harm animals in the manufacture or testing of its products. We have developed an animal welfare policy that covers all products sold by Animal. This policy is divided into two sections and details our stance on both Animal Protection and Animal Testing.

Animal Protection

Animal expects all animal-derived materials used in its products to have come from animals treated

humanely and according to the recommendations on animal welfare set out by the OIE in their Animal

Health Codes.

Our suppliers must only source animal derived material from farms with good animal husbandry.

Good animal husbandry means animals have:

a) Freedom from Hunger and Thirst – by ready access to fresh water and a diet to maintain full health

and vigour.

b) Freedom from Discomfort – by providing an appropriate environment including shelter and a

comfortable resting area.

c) Freedom from Pain, Injury or Disease – by prevention or rapid diagnosis and treatment.

d) Freedom to Express Normal Behaviour - by providing sufficient space, proper facilities and

company of the animal’s own kind.

e) Freedom from Fear and Distress – by ensuring conditions and treatment which avoid mental

suffering.

We believe that using some animal materials is unacceptable in any measure, and as a result, we never use the following in our products:

Endangered species - defined as those which appear on the Convention on International

Trade in Endangered Species (CITES) (see www.cites.org/ for list of species) or the IUCN red list as

Critically Endangered, Endangered or Vulnerable (www.redlist.org/). This includes (but is not restricted

to): Ivory and turtle and tortoise shell.

Animal Fur – this includes farmed fur (e.g. fox, sable, mink, chinchilla, and rabbit) and fur which may be

a by-product of the meat industry (e.g. rabbit).

Angora: Due to the reported plucking methods used by some angora suppliers, we do not accept any

products containing angora.

Astrakhan / Karakul – or any leather/skin product which are the product of unnatural abortions.

Australian Merino Wool: we will not source merino wool from Australia due to the widespread

practice of mulesing in its production.

Mongolian Lambs Fur: Due to the practices involved in the traditional methods of slaughter, we will

not use this sheepskin variety.

http://www.cites.org/

http://www.redlist.org/


We sometimes use the animal materials listed below in our products under the following conditions:

Leather/skin product - All leather used for Animal must be a by-product of the meat industry and must

not be obtained from live skinning (e.g. reptiles) or live boiling.

Cow hide - must not be sourced from India.

Feather/Down- Animal only accepts down, feathers / decoration feathers which are a by-product of

the meat industry, excluding the production of foie gras and must not be obtained from the live

plucking of birds.

All our down and feathers must be sterilised as per the EU standard EN 12935.

Wool, including mohair and alpaca - ANIMAL only uses wool originating from farms with good animal

husbandry (as per our definition). We are strictly against the practice of mulesing and do not accept

wool from farms that expose the animal to suffering as a result of this practice.

Animal Testing

We believe that animal testing for cosmetic purposes is not acceptable. We recognise that customer

safety is of paramount importance and that this can be assured without the use of animal testing.

However, we may occasionally use in our cosmetic products ingredients which are animal derivatives

but which may be collected without harm to animals. We will not conduct, commission, or be party to

any animal testing of cosmetic products or ingredients.

We will not knowingly purchase ingredients, formulations or products from suppliers that have

conducted, commissioned or been party to animal testing for cosmetics purposes on these products

after the company’s fixed cut-off date. In order to verify supplier compliance with this policy, the

company obtains written certificates of supplier assurance from each of its suppliers on an annual

basis.

These statements are in line with the Humane Cosmetics Standard’s requirements. Our agreed cut- off

date for animal testing is 1st Aug 1994. We have a written statement detailing the systems that are in

place to monitor adherence to our policy.

Banned Processes

We DO NOT support the use of cotton sourced from Uzbekistan due to concerns over child labour used to pick cotton.


2-4 Current Legislation, Standards and Recognised Code of Practice Animal has an obligation to ensure that all of its products which are offered for sale comply with the current EU Directives and relevant European and British product standards.

Under the Terms and Conditions of trading with Animal, suppliers confirm that any products provided to Animal fully conform to prevailing legislation, acknowledged industry codes of practice and are fit for the intended purpose for which they are designed. Suppliers must also be able to provide Animal with supporting certification or declarations of conformity when requested.

Animal has also provided some guidance for suppliers on prevailing legislation below. The legislation and directives are constantly being amended and updated and it is the responsibility of the supplier to ensure that they keep up-to-date with all directives that affect the product that the supplier produces for Animal.

The following list highlights some of the prevailing legislation but is not exhaustive, and does not alter the supplier’s responsibility to be up-to-date with their legal responsibilities.

Consumer Protection

The General Product Safety Regulations 2005 S.I No. 1803

Consumer Protection Act 1987

The Consumer Protection Act form Unfair Trading Regulations 2008 # 1277

EN 14682:2007 Safety of children's clothing. Cords and drawstrings on children's clothing.

Specifications {For the UK only covers products excluded from the Children’s Clothing (Hood Cord)

Regulations

Children’s Clothing (Hood Cords) Regulations 1976

BS 7907:2007 Code of practice for - the design and manufacture of children’s clothing to promote

mechanical safety.

The Nightwear (Safety) Regulations 1985 S.I. No. 2043, amend 1987

EN 14878:2007 Textiles – Burning Behaviour of Children’s Nightwear

The Food Imitations (Safety) Regulations 1989 SI No 129

Trade Descriptions

The Sale of Goods Act 1979 as amended by the Sale & Supply of Goods Act 1994, Sale of Goods and

Services Act 1982, The Sale and Supply of Goods to Consumers Regulations 2002.

Trade Descriptions Act 1968

European Regulations on Fibre names and fibre content labelling 1007/11/EU

The Footwear (Indication of Composition) Labelling Regulations 1995 S.I. No. 2489

The Trade Marks Act 1994

Packaging (Essential Requirements) Regulations 2003 SI No 1941 [Packaging and Packaging Waste

Directive 94/62/EC, as amended]

The European Directive on Misleading and Comparative Advertising 2006/114/EC


Additional Considerations

European Directive 2005/84/EC concerning measures prohibiting the placing on the market of toys and

childcare articles containing phthalates in plasticised material.

The dangerous substances and preparations (Safety) (Consolidation) Regulations 1994 (restricts the use

of certain flame retardants on children’s dressing gowns)

Electrical Equipment (Safety) Regulations 1994 SI No 3260 [Low Voltage Equipment Directive

73/23/EEC, as amended, now replaced by 2006/95/EC]

Electromagnetic Compatibility Regulations 2005 SI No 281 [EMC Directive 89/336/EEC, replaced by

2004/108/EC from 20 July 2007]

Plugs and Sockets etc. (Safety) Regulations 1994 SI No 1768

Toy Safety Regulations 2011

Cosmetic Products (Safety) Regulations 2004 SI No 2152, as amended

Pencils and Graphics (Safety) Regulations 1998 SI No 2406 Personal Protective Equipment Regulations

1992 (consider for Sunglasses and Reflective tapes for example)

Rag, Flock & Other Filling Regulations 1981

BS5852 Furniture and Furnishings (Fire) (Safety) Regulations

Waste Electrical and Electronic Equipment Regulations 2006 SI No 3289 [WEEE Directive 2002/96/EC,

as amended]

Restriction of the Use of Certain Hazardous Substances in Electrical Equipment Regulations 2006 SI No

1463 [RoHS Directive 2002/95/EC, as amended]

Battery & Accumulators Directive 2006/66/EC

Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006

concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), including

Annex XVII

EN ISO 3758:2012 Textile Care Code Symbols

Textiles – Solar UV protective properties BS EN 13758-1:2008

BS 8466:2006, Hats, protection against solar UVR – Method of test and performance requirements

EN13758-2:2002 Textiles. Solar UV protective properties. Classification and marking of apparel

BS 8466:2006 Hats. Protection against solar UVR. Method of test and performance requirements.

Additional Environmental Protection

The Environmental Protection (Control of injurious Substances) (No.2) Regulations 1993 S.I.No. 1643 Restricts cadmium in plastic materials, P.V.C and other coated or laminated fabrics.

The Environmental Protection (Control of injurious Substances) ( Amendment) regulations 2001 S.I. No. 3141 Restricts the use of PCP


Standards Guidelines – A Brief Summary The General Product Safety Regulations 2005 S.I No. 1803 This legislation requires that any product placed on the market must be a safe product.

A ‘safe’ product is any product which under normal or reasonably foreseeable conditions of use, including duration, presents no risk or only the minimum risk compatible with the product’s use and which is consistent with a high level of protection for consumers.

Under these regulations all products sold by Animal must be safe and fit for purpose. This is generally seen as ‘common sense’ legislation.

A risk analysis must be conducted by the supplier to reduce or eliminate potential risks associated with the product.

The following must be considered when risk assessing a product:

The age of the consumer and the use of the product.

Potential hazards incorporated in the product e.g. sharp edges, insecure components, or toxic coatings on components.

The Consumer Protection Act 1987 This is a general safety requirement for consumer goods, which requires that all consumer goods are reasonably safe and takes into account the following:

• Whether published standards or codes of practice have been adopted.

• Suitability of instructions or warning labels given on the product.

• Whether the product is as safe as it could be within the scope of current knowledge or technology.

The General Product Safety Regulations 1994 incorporates the general product safety requirements of The Consumer Protection Act 1987. There are a number of specific safety regulations that must be applied to goods sold by Animal.

Clothing (Hood Cords) Regulations 1976 and Cords & Drawstrings on Children’s Clothing BS EN14682 -2004 These regulations specify that the hood of a child’s outer garment should not be designed to be secured by a cord drawn through the material. This applies to garments where the chest measurement does not exceed 44cm flat.

BS 7907: 1997 Code of Practice for the design and manufacture of children’s clothing to promote mechanical safety This code of practice takes into account the functionality and associated risks in the design and manufacture of children’s clothing. This standard has the effect of being a legal requirement under the General Product Safety Regulation.

The Nightwear (Safety) Regulations 1985; the Nightwear (Safety) (Amendment) Regulations 1987 All garments that are sold as nightwear or commonly worn as nightwear are affected, (gathers in the garment are exempt).


The Food Imitations (Safety) Regulations 1989 It is an offence to offer for sale any non-food product or component which has the form, odour, colour, appearance, packaging, labelling, volume or size that is likely to cause people, particularly children, to confuse it with food and put it in their mouth or suck or swallow it. This action may result in death or personal injury.

For example, buttons which look or smell like children’s sweets would breach this legislation.

Sale of Goods Act 1979 as amended by The Sale and Supply of Goods Act 1994 This legislation requires that goods sold be: of satisfactory quality, fit for their purpose, as described.

In order to comply with this legislation Animal requires that all fabrics and component are tested by an approved laboratory to assess if they are of a satisfactory quality for their intended end use.

Suppliers are responsible for supplying acceptable quality fabrics and components and ensuring that their products are made to a suitable standard to ensure their fitness for purpose.

All labelling must be accurate and must not mislead the consumer.

To be superseded by the Consumer Protection for Unfair Trading Regulations 2008.

Trade Descriptions Act 1968 This covers the accuracy of product description. False or misleading information on products breaches both the Trade Descriptions Act 1968 and The Sale and Supply of Goods Act 1994 which requires that goods sold will be as described. It is an offence to apply a false trade description to goods, or to supply goods to which a false trade description is applied.

Examples of where products could breach these regulations:

A misleading statement or symbol on a garment - where a consumer is likely to be misled into believing that a product comes from one country when in fact it comes from another.

Information on packaging must be accurate and must not mislead the customer. Any claim must be substantiated with relevant documentation.

Care label wording must not contradict the care label symbols. The Textile Products (Indications of Fibre Content) Regulations 1986 including Amendments 1988, 1994 The purpose of these regulations is to ensure that consumers are not misled, and given an accurate indication of fibre content when purchasing textile products.

The Footwear (Indication of Composition) Labelling Regulations 1995 Footwear offered for sale to consumers must display a composition label relating to component parts, in the form of a pictogram or in written format, as shown in the regulations. The label must indicate the material: ‘leather’, ‘coated leather’, ‘textile’ or ‘other materials’, which constitutes at least 80% of each of the three component parts: upper; lining and sock; outer sole.

Each component part is identified as follows:

i. Upper – Shoe outer face attached to sole.

ii. Lining and sock – Lining of upper and insole. iii. Outer sole – Shoe bottom attached to upper.

The label must be attached to at least one article of footwear in each pair and can be printed, embossed or displayed on a sticky label on the product. The Trade Marks Act 1994


It is an offence to fraudulently use or apply a registered trademark without authority from the registered owner of the trademark.

Goods labelled as such would be considered counterfeit.

The Rag, Flock and Other Filling Regulations 1981 This legislation applies to down filled products for example: outerwear jackets or gilets which are filled with down and feather filling, and is necessary to maintain a standard of cleanliness of the filling.

In order to prove compliance with this legislation Animal requires a test report from an approved laboratory, which meets the requirements of BS 1425: Part 2: 1991.

Personal Protective Equipment (EC Directive) Regulations 1992 Personal Protective Equipment (PPE) must satisfy basic safety requirements to ensure the health protection and safety of users. This regulation is relevant to clothing and component parts, such as reflective strips on garments, and accessory products such as sunglasses, which have a protective value.

Such product offered for sale must be assessed by an ‘Approved Body’ for compliance with this regulation. A list of ‘Approved Bodies’ within member states of the European Union is available from the UK Department of Trade and Industry.

A product that complies with this regulation should carry the ‘CE mark’, which must be affixed to each product and its packaging so that it is visible, legible and permanent (where achievable). The CE mark indicates that the product satisfies any requirements applicable to them.

Toy Safety Regulations 1995 (88/ 378/ EEC) Products which are categorised as a ‘toy’ are any product or material designed or clearly intended for use in play by children of less than 14 years of age. Although a product may not be sold as a ‘toy’ it must be risk assessed as to whether it has a ‘play value’. For example, a hot water bottle cover in the shape of a well-known Disney character would not be sold as toy, but would retain a ‘play value’ and must therefore comply with these regulations. Toys must comply with the following requirements under these regulations:

• Satisfy essential safety requirements by being manufactured in accordance with the relevant national standards.

• Bear the CE mark on the toy or packaging. • Bear the required name and address details of either the manufacturer or retailer who has

responsibility for the product within the EU. • Be accompanied by warnings where necessary. • The manufacturer must hold documentation that the toy satisfies the essential safety

requirements. Safety of Toys BS 5655/EN71 Part 1: 1989 Specification for mechanical and physical properties. Sections of this code of practice have been applied to component parts, as the code specifies that small components are tested to a 90 Newton pull test. Parts that become detached must be of a certain minimum size that is judged by penetration into a truncated cylinder. The parts must not have any sharp points or edges and any removable component which does not meet these requirements would make the product unsuitable for a child less than 36 months of age.

Animal requires all components incorporated in garments and accessories for children of 36 months and under to meet the above requirements. Part 2: 1994 Flammability


This section of the code relates to costume clothing and accessories, and would be relevant to fancy dress items. Product that does not meet the standard required must carry the label:

‘Warning! Keep away from fire’.

Part 3: 1995 Specification for migration of certain elements This section limits the migration of certain elements from the accessible parts of a toy and has been adopted for component parts on clothing, e.g. buttons and trims. Under the code accessories would be tested for toxicity. Animal requires all components used on children’s clothing (under 3 years) to comply with this standard.

The Dangerous Substances and Preparations (Nickel) (Safety) Regulations 2005 This legislation regulates the use of Nickel in items that pierce (e.g. earrings) or come into ‘direct and prolonged contact with the skin’. In garments this affects components such as rivets, studs, zips, poppers, belt buckles and eyelets.

In order to demonstrate compliance with this regulation a test report from an approved lab is required from the component supplier or clothing manufacturer.

Council Directive 76/769/EEC – Restrictions on the marketing and use of certain dangerous substances and preparations (azo colourants) Certain Azo dyes used in textiles and leather have potentially cancer inducing properties - see section ‘restricted chemicals’.

Suppliers should obtain written confirmation from fabric manufacturers that the dyestuffs they use do not contain Azo dyes and test reports will be required.

Country of Origin labelling It is not currently a legal requirement in the UK for country of origin to be stated on clothing products, however, where stated it must be accurate. Under The Trade Descriptions Act 1968 there is a legal obligation not to mislead and to specify country of origin on certain products, and we require all suppliers to follow the guidelines set out below:

PLEASE NOTE - It is a legal requirement for ALL Central Europe products to display Country of Origin on the label. It is the supplier’s responsibility to confirm whether a country of origin label is applicable for a particular product. If during the development process the print or design changes, it is the responsibility of the product supplier to ensure the country of origin is added where necessary and to confirm this change with the relevant product developer.


2-5 Reach and Restricted Substance Policy

Reach and the Restriction of Hazardous Substances and Chemicals and Customer and Environmental Safety

There has been a growing concern regarding the chemicals used in the production and finishing of products regarding customer safety and impact on the environment. As such, a single management system monitoring chemicals into the EU has been set up called REACH. For further information see REACH explained document.

Under the Terms and Conditions of trading with Animal, suppliers confirm that any products provided to Animal are in full conformity with specific regulations where they exist, and must provide Animal with supporting certification or declarations of conformity.

Suppliers to Animal must:

Take action now to establish which, if any, of the chemicals listed in this section of the manual are associated with product they produce for Animal.

Demonstrate compliance by: - Ticking the box indicating Reach compliance on the purchase order raised by Animal. - Signing and submitting the Declaration of Conformity Document (page 26 of this section) back to

Animal - Submitting an Okeo Tex Certificate or specific REACH testing (conducted by an Animal approved 3rd

party authority) to Animal if applicable. - Confirm during pre-planning that product under development will be REACH compliant.

Take all reasonable steps to: - Identify hazardous substances and the risks associated with the product they produce. - Eliminate hazardous substances or reduce their use to within acceptable limits. - Eliminate any high risk production practices involving hazardous substances and inform Animal if

changes to product need to be made to achieve this.

Review the additional information on REACH and Restricted Substance Table.

Animal will work with suppliers to help them eliminate the use of such substances and move to a more acceptable alternative.

A Restricted / Prohibited Chemical List is included in this manual but it is intended as general guidance and is not exhaustive and is subject to changes in accordance with legislation and industry guidelines.

It is the supplier’s responsibility to keep up-to-date and comply with prevailing legislation and industry guidelines.

Animal reserves the right to test; check any order; request proof of compliance; to validate the supplier compliance at any stage of product development, production or after delivery.

Animal will be conducting its own random due diligence testing by season on products taken from production and tested by Animal's independent testing partners.

All products that are tested and found not to comply with the legislation or Animal's stated requirements may be withdrawn from sale. Animal will work with the supplier to find a suitable solution but suppliers may be liable for the costs incurred if a recall or rework is required.


2-6 REACH Explained

What is REACH? The Registration, Evaluation and Authorisation and Restriction of Chemicals.

A single management system to monitor chemicals of 1 tonne or more into the European market, it has been in force since 1st June 2007. The objective of REACH is to identify and manage the risk of those substances manufactured and marketed into the EU that may pose risk to human health and the environment.

What is the objective of REACH? To ensure a higher level of protection of health and environment through better identification of the properties of certain specified substances.

What does REACH affect? REACH affects Substances, Substances in Mixtures and Substances in Articles produced or imported in a quantity of more than 1 tonne/year.

Substances – relates to a chemical in its natural state - e.g. ethanol.

Substances in Mixtures – mixture of 2 or more substances - e.g. cosmetics, toiletries.

Substances in Articles – article means an object that during production is given a special shape/ surface/ design which determines its function in greater degree than its chemical composition - e.g. garments, bags, shoes. Each component in a product is considered an article.

What is required under REACH? Reach regulation requires the industry to be responsible for safe manufacture and chemical substances and therefore:

Manufacturers/ Importers must register all substances that are manufactured/imported in quantities of 1 tonne or more per manufacturer/ importer.

Evaluation and Authorisation will be required for Substances of Very High Concern (SVHC) in chemicals or products.

There will be restrictions on chemicals posing unacceptable risk, either on certain uses of the substances or a complete ban (see Restricted Substance Policy).

Registration - what needs to be registered?

Substances

Substances in mixtures (e.g. cosmetics)

Substances intended to be released in articles (e.g. scented eraser)

Substances of Very High Concern- evaluation, authorisation and restriction What are SVHCs? SVHCs are substances that have hazards with serious consequences - e.g. which can cause cancer (carcinogenic), or have harmful properties and remain in the environment for a long time (persistent), and gradually build up in animals (bio-accumulative).

Those substances that have met the criteria that define an SVHC then may be placed on the lists shown as follows.


In order to review these SVHC's you will need to visit the below links which will give you the latest information. ECHA is the European Chemicals Agency and is the regulatory authority for chemicals legislation as it relates to human health and the environment.

a) The Candidate List – currently compromising 191 SVHC at 27/6/2018 http://echa.europa.eu/chem_data/authorisation_process/candidate_list_table_en.asp Note: this list is usually updated twice per year (June and December. It is the supplier’s responsibility to ensure they are aware of any changes to the list.

b) Notification of SVHCs

Notification to ECHA is only required if any SVHC in the Candidate List is present in articles above a concentration of 0.1% by weight (mg/kg) and in an amount totalling over 1 tonne pa per EU manufacturer or importer.

c) Communication of SVHC’s It is imperative that suppliers maintain full and formal documentation of SVHC’s as our customers can request under Article 33 of the regulation importers to provide SVHC information within 45 days free of charge where an article contains an SVHC in the candidate List above a concentration of 0.1% by weight (1000ppm).

d) The Authorisation List (Annex XIV) – currently a list of 43 SVHC`s from the Candidate list that require

authorisation before they can be used in the EU after their Sunset date. The Sunset date is that date after which a substance can no longer be used in the EU unless Authorisation has been granted by ECHA.

http://echa.europa.eu/chem_data/authorisation_process/annex_xiv_rec_en.asp

e) Authorisation of SVHCs Animal do not allow the use of substances included in the Authorisation list after its appropriate sunset date by any supplier.

Suppliers should regularly review the Authorisation List and take steps to substitute those substances listed when used in Animal products.

f) Restricted Substance List – please refer to the RESTRICTED SUBSTANCES TABLE

Many of the restricted chemical directives have now been brought under the REACH umbrella in Annex XVII. These chemicals have been outlined in the restricted substance list along with any other appropriate directives and universally accepted guidelines.

g) Further Information

For general guidance on REACH please go to www.echa.europa.eu

Animal reserves the right to audit or employ external audits of its suppliers systems and procedures as they relate to REACH compliance.

http://www.echa.europa.eu/


Leather

Natural

Textile

Synthetic

Textiles Plastic Rubber Wood Metallic

Azo Colourants.

Entry 43 of Regulation (EC) No 552/2009

amending Annex XVII of REACH

Regulation (EC) 1907/2006 (previously

restricted under Directive 2002/61/EC)

(Restricted aromatic amine listed in

appendix) 1.

BS EN 14362-1:2017

Textiles (Natural &

Synthetic). BS EN ISO

17234-1:2010 Leather

BS EN ISO 14362-

3:2012. Textiles for 4-

aminoazobenzene BS

EN ISO 117234-2:2011

Leather for 4-

aminoazobenzene.

Clothing sewing threads,

household textiles,

leather clothing, watch

straps, costume jewllery,

shoes, belts, toys.

x x x

Pentachlorophenol (PCP).

REACH 1907/2006 Annex XVII Entry

number 22 (for substances). Classifed as

a POP in Stockholm convention .

BS EN ISO 17070:2015.

SATRA TM 342:1995.

LFGB § 64 BVL B82.02.8

It is applied to textiles

and leather to prevent

mould/fungus growth.

x x x

Nickel.

Entry 27 of Regulation (EC) No 552/2009

ammending Annex XVII of REACH

Regulation (EC 1907/2006 (previously

restricted under Directive 94/27/EC.

BS EN 1811:2011 +

A1:2015. BS

EN 12472:2005 +

A1:2009. BS

EN 16128-2015

In metal Items including:

zips, zip pulls, tracks,

buttons, rivets, poppers,

buckles, Jewellery,

watch straps, spectacle

frames and sunglasses.

x

Phthalates.Entry 51 and 52 in Annex XVII of

regulation 1907/2006

BS EN ISO 14389 BS EN

14372:2004 EN ISO TS

16181:2011. AfPS

GS 2014:01 PAK

Used as a plasticiser in

manufactuer of PVC.

Particulary found on

Textiles and Toys. Found

in PU coatings and

plastisol prints

x x

Total Cadmium.

Entry 23 of Regulation EC No 494/2011



restricted under Directive 91/338/EC).

BS EN 1122:2010

Plastics.

ACID Digestion ICP

detection Metal

Used as a stabiliser in

PVC & PU coatings, in

paints and jewellery

x x x

Dimethyfumerate

(DMFu).

Entry 61 of Regulation No 552/2009



restricted under Direcetive 94/27/EC).

PD CEN ISO/TS

16186:2012 in house

test method.

Leathers and natural

textiles but may be

present if dessicant

sachets are used. Maybe

applied or inserted in

products for protection

against mould while in

transit.

2-7 RESTRICTED SUBSTANCES TABLE (1)

<100ppm.

<1000 mg/kg sum of DEHP, DBP,BBP

<1000 mg/kg sum of DINP, DIDP, DNOP

Direct and prolonged contact with skin: 0.5

µg/cm2/week (≤0.28 µg/cm2/week=PASS) For body

piercing: 0.2 µg/cm2/week(<0.11

µg/cm2/week=PASS).

Use is prohibited by Animal.

<30mg/kg of each amine for dyed product in direct

contact with the skin (appendix 3).

Requirement

Applicable Materials

Substance Legislation Test Method Where Present

Use is prohibited by Animal.



LeatherNatural

Textile

Synthetic

TextilesPlastic Rubber Wood Metallic

Perfluorooctanoic acid

and its salts (PFOA)

(required if sample

declared with stain and

water repellant finishes).

Entry 68 to Annex XVII of regulation

1907/2006 effective July 2020.CEN/TS 15968

Protectants, stain

resistant finishes.x x x

Formaldehyde. Common Market requirement.

ISO 14184-2

Textiles:Released ISO

14184-1 Textiles:Free

ISO 17226 Leather

Found in easy care

finishes, pigment prints,

adhesives. Free - level

of formaldehydye

present in product

therefore risk in

handling product.

Released - level of

formaldehyde given off

by fabric therefore risk

of respiratory problems.

x x x x

Chromium VI.

Entry 47 of regulation (EU) 301/2014

mending Annex XVII of REACH

Regulation (EC) 1907/2006

EN ISO 17075:2017.

Ageing test (80C for

24hrs at 5% RH)

Occurs in leather. x

Flame Retardents(listed

in appendix 5).

PBB - Entry 8 of regulation (EU) 836/2012


Regulation (EC) No 1907/2006

(previously restricted under Directive

83/64/EEC). PentaBDE - commission

regulation (EU) No 757/2010 (entries 44

of regulation (EU) 552/2009 amending

Annex XVII of REACH (EC) No 1907/2006.

OctaBDE - entries 45 of regulation (EC)

No 552/2009 amending Annex XVII of

REACH Regulation (EC) No 1907/2006

(previously restricted under Directive

2003/11/EC TRIS and TEPA - entries 4 and

7 of Annex XVII REACH Regulation (EC)

No 1907/2006 (previously restricted

under Directive 79/663/EEC. HBCDD

regulation 2016/293 ammending

850/2004. DecaBDE entry 67 to

regulation 1907/2006 effective 2/3/2019

EN ISO 17881-1,2:2016

for textiles

Found in products if a

fire retardent property is

required.

x x x x

Limit is 25 ppb of PFOA and its salts or 1000 ppb of one

or a combination of PFOA related substances

2-7 RESTRICTED SUBSTANCES TABLE (3)

Legislation Requirement Test Method Where Present

Applicable Materials

Released 300 mg/kg, Free-Less than 75 mg/kg -

textiles. Less than 150mg/kg leather.

less than 3mg/kg.

PBB/TRISS/TEPA - Not detected.

PentaBDE - 10mg/kg.

OctaBDE - 1000mg/kg.

HBCDD 100mg/kg

DecaBDE 1000mg/kg in articles

Substance



2-8 ANIMAL DECLARATION OF CONFORMITY

TO REACH AND RESTRICTED SUBTANCES AND CURRENT LEGISLATION Please complete within 28 days

SUPPLIER DECLARATION OF CONFORMITY TO REACH AND RESTIRCTED SUBSTANCES Company Name: _____________________________________________________ Company/Factory Address: _____________________________________________________ Product Group Supplied _____________________________________________________

The undersigned hereby declares that we are fully responsible for the manufacturing and production of product supplied to ANIMAL. The products and parts included have been designed, constructed and assembled in conformity with the applicable EU Directives and British Standards, including Restricted/ Banned Substances outlined in the Restricted Substance List and includes REACH ANNEX XVII ** and SVHC’s of the Animal Supplier Manual October 2019 V5.0

Position of signatory at company: _____________________________________________________ Full name of signatory (in block letters): _____________________________________________________ Signature: _____________________________________________________

Date of completion of form:

_____________________________________________________

** PLEASE SEE FURTHER INFORMATION ON REACH Please ensure this form is completed by Senior Management / Director who has full understanding of the legislation and takes full responsibility as a Supplier to ANIMAL.

Disclaimer This document is intended to be for general guidance and is not a substitute for specific legal advice. We endeavour to keep it up to date but we cannot be liable for errors and omissions, compliance with the law remains the supplier’s responsibility. If you have concerns over compliance, you must seek professional advice


2-9 ANIMAL CODE OF CONDUCT WITH REFERENCE TO ANIMAL SUPPLIER MANUAL OCTOBER 2019 V5.0 – SECTIONS 2-1 TO 2-8 INCLUSIVE

SUPPLIER DECLARATION OF CONFORMITY TO ANIMAL CODE OF CONDUCT Company Name: _____________________________________________________ Company/Factory Address: _____________________________________________________ Product Group Supplied _____________________________________________________ Animals Code of Conduct applies to Suppliers, their factories and any sub-contractors manufacturing for Animal.

The undersigned hereby declares that we are fully responsible for the design and production of product supplied to Animal. The products and parts included have been designed, sourced, constructed and assembled in conformity with the provisions and requirements made in the Animal Supplier Manual October 2019 v5.0 Sections 2-1 to 2-8 inclusive.

Position of signatory at company: _____________________________________________________ Full name of signatory (in block letters): _____________________________________________________ Signature: _____________________________________________________

Date of completion of form:

_____________________________________________________

Please ensure this form is completed by Senior Management / Director who has full understanding of the legislation and takes full responsibility as a Supplier to Animal.

Disclaimer This document is intended to be for general guidance and is not a substitute for specific legal advice. We endeavour to keep it up to date but we cannot be liable for errors and omissions, compliance with the law remains the supplier’s responsibility. If you have concerns over compliance, you must seek professional advice

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