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3.—(1) No person shall supply, offer to supply, agree to supply, expose for supply or possess for supply any goods which are designed or constructed primarily as goods for private use–
(a)which have a form, colour, appearance, packaging or labelling which may cause persons, in particular children, to confuse them with dummies (even if such goods are smaller than dummies) and in consequence place them in their mouths or suck them or swallow them; and
(b)where such action as is mentioned in (a) above is taken in relation to them, may cause death or personal injury.
(2) In this regulation “goods” do not include–
(a)goods which comply with the requirements of BS 5239: 1988 or with any standard or specification recognised for use in a member State where such compliance provides a level of safety equivalent to that which would be provided if the goods complied with the requirements of BS 5239: 1988; or
(b)toys to which the Toys (Safety) Regulations 1989(1) apply.
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