When you sell wax melts or scented candles, the risk of confusion between food and your products is significant for young children. Mandatory labeling is therefore not the only parameter to take into account. This is why the law regulates their marketing in order to prevent any risk of suffocation.
Sale of scented candles/melts and legislation
This article concerns professionals or anyone wishing to offer scented wax melts or candles for sale. For several years, risks of accidents concerning wax melts or other products resembling foodstuffs have been reported as frequent anomalies by manufacturers. But what can this mean? We will enlighten you!
Did you know that a 1992 decree stipulates that any product resembling foodstuffs, such as gourmet jewelry or in our case, scented melts or candles are subject to this decree. This is called an involuntary standard. We will therefore explain to you what this decree stipulates precisely and its consequences on the sale of your melts and candles.
It is stated that it is mandatory to respect a certain size when selling fondants resembling food in order to be authorized for sale. The reason stated in the decree is the possibility, in the case of a size that is too small, that a child could ingest it and therefore choke on it. For example, you are probably familiar with the statement " this is not a toy, not suitable for children under 36 months ", well, it will not be enough!
Scented candles resembling pastries or fruits with "gourmet" fragrances are also affected by this legislation.
Here is Article 3 of Decree No. 92-985 of September 9, 1992 relating to the prevention of risks resulting from the use of certain products imitating foodstuffs:
"The products mentioned in Article 1 (in our case, melts and candles) and their detachable parts must be of sufficient dimensions so that they cannot be ingested by children under 36 months. To this end, they must not be able to fit entirely within the template described in the annex to this decree."
In order to prevent risks, we of course invite you to keep the products out of reach of children or to supervise them if they are used. But also to use resealable packaging that is difficult to open without the help of an adult. Finally, be sure to separate the products from any food to prevent possible confusion. You are no doubt aware that children are real foodies!
But then, what template should I respect?
The template (see diagram) mentioned in Article 3 has the shape of a truncated cylinder whose internal dimensions, expressed here in centimetres , are:
- Height 1: 2.54 cm ;
- Height 2: 5.71 cm ;
- Diameter: 3.17 cm.
You can then calculate the perimeter of the cone: 3.17 cm x 3.14 (π) = 9.95 cm
Then, print and cut out a template to these correct dimensions, curve it and glue the smaller sides. All you have to do is compare!
What sanctions can be imposed on me?
Concerning the sanctions, if you have not read our article, you risk a 5th class fine for non-compliance with the provisions of the decree amounting to €1,500 or even €3,000 in the event of a repeat offence. That is a high price to pay!
In conclusion
Any professional wishing to sell scented wax melts or candles containing allergens, perfumes or chemical compounds must respect a minimum size in order not to suffocate any child who has accidentally eaten it. This size has been designed so that the wax melt cannot be swallowed under any circumstances.
So all this is to protect our children, but sometimes it could be useful for older children... Video demonstration.
We are at your disposal to answer your questions.
