[Title 16 CFR 1615]
[Code of Federal Regulations (annual edition) - January 1, 2002 Edition]
[Title 16 - COMMERCIAL PRACTICES]
[Chapter II - CONSUMER PRODUCT SAFETY COMMISSION]
[Subchapter D - FLAMMABLE FABRICS ACT REGULATIONS]
[Part 1615 - STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: SIZES 0 THROUGH 6X (FF 3-71)]
[From the U.S. Government Printing Office]
16COMMERCIAL PRACTICES22002-01-012002-01-01falseSTANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: SIZES 0 THROUGH 6X (FF 3-71)1615PART 1615COMMERCIAL PRACTICESCONSUMER PRODUCT SAFETY COMMISSIONFLAMMABLE FABRICS ACT REGULATIONS
PART 1615--STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: SIZES 0 THROUGH 6X (FF 3-71)--Table of Contents
Subpart A--The Standard
Sec.
1615.1 Definitions.
1615.2 Scope and application.
1615.3 General requirements.
1615.4 Test procedure.
1615.5 Labeling requirements.
Subpart B--Rules and Regulations
1615.31 Labeling, recordkeeping, advertising, retail display and
guaranties.
1615.32 Method for establishment and use of alternate laundering
procedures under section 4(g)(4)(ii) of the standard.
1615.35 Use of alternate apparatus, procedures, or criteria for testing
under the standard.
1615.36 Use of alternate apparatus or procedures for tests for guaranty
purposes.
Subpart C--Interpretations and Policies
1615.61 [Reserved]
1615.62 Policy and interpretation relative to items in inventory or as
to recordkeeping requirements.
[[Page 631]]
1615.63 Policy regarding garment production unit identification.
1615.64 Policy to clarify scope of the standard.
Source: 40 FR 59903, Dec. 30, 1975, unless otherwise noted.
Subpart A--The Standard
Authority: Sec. 429, Pub. L. 105-276; Sec. 4, 67 Stat. 112, as
amended, 81 Stat. 569-570; 15 U.S.C. 1193.
Sec. 1615.1 Definitions.
In addition to the definitions given in section 2 of the Flammable
Fabrics Act, as amended (15 U.S.C. 1191), the following definitions
apply for purposes of this Standard:
(a) Children's Sleepwear means any product of wearing apparel up to
and including size 6X, such as nightgowns, pajamas, or similar or
related items, such as robes, intended to be worn primarily for sleeping
or activities related to sleeping, except:
(1) Diapers and underwear;
(2) ``Infant garments,'' as defined by section 1615.1(c), below; and
(3) ``Tight-fitting garments,'' as defined by section 1615.1(o),
below.
(b) Size 6X means the size defined as 6X in Department of Commerce
Voluntary Product Standard, previously identified as Commercial
Standard, CS 151-50 ``Body Measurements for the Sizing of Apparel for
Infants, Babies, Toddlers, and Children.'' \1\
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\1\ Copies available from the National Technical Information
Service, 5285 Port Royal Street, Springfield, VA 22151, and should be
ordered as CS 15150.
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(c) Infant garment means a garment which:
(1) Is sized nine months or smaller;
(2) If a one-piece garment, does not exceed 64.8 centimeters (25.75
inches) in length; if a two-piece garment, has no piece exceeding 40
centimeters (15.75 inches) in length;
(3) Complies with all applicable requirements of the Standard for
the Flammability Clothing Textiles (16 CFR part 1610) and the Standard
for the Flammability Vinyl Plastic Film (16 CFR part 1611); and
(4) Bears a label stating the size of the garment, expressed in
terms of months of age. For example, ``0 to 3 mos.'' or ``9 mos.'' If
the label is not visible to the consumer when the garment is offered for
sale at retail, the same information must appear legibly on the package
of the garment.
(d) Item means any product of children's sleepwear, or any fabric or
related material intended or promoted for use in children's sleepwear.
(e) Trim means decorative materials, such as ribbons, laces,
embroidery, or ornaments. This definition does not include (1)
individual pieces less than 2 inches in their longest dimension,
provided that such pieces do not constitute or cover in aggregate a
total of more than 20 square inches of the item, or (2) functional
materials (findings), such as zippers, buttons, or elastic bands, used
in the construction of garments.
(f) Test Criteria means the maximum char length which a sample or
specimen may exhibit in order to pass an individual test.
(g) Char Length means the distance from the original lower edge of
the specimen exposed to the flame in accordance with the procedure
specified in Sec. 1615.4 Test procedure to the end of the tear or void
in the charred, burned, or damaged area, the tear being made in
accordance with the procedure specified in Sec. 1615.4(g)(2).
(h) [Reserved]
(i) Afterglow means the continuation of glowing of parts of a
specimen after flaming has ceased.
(j) Fabric Piece (Piece) means a continuous, unseamed length of
fabric, one or more of which make up a unit.
(k) Fabric Production Unit (Unit) means any quantity of finished
fabric up to 5,000 linear yards for normal sampling or 10,000 linear
yards for reduced sampling which has a specific identity that remains
unchanged throughout the Unit except for color or print pattern as
specified in Sec. 1615.4(b). For purposes of this definition, finished
fabric means fabric in its final form after completing its last
processing steps as a fabric except for slitting.
(l) Garment Production Unit (Unit) means any quantity of finished
garments up to 500 dozen which have a specific identity that remains
unchanged throughout the Unit except
[[Page 632]]
for size, trim, findings, color, and print patterns as specified in
Sec. 1615.4(b).
(m) Sample means five test specimens.
(n) Specimen means an 8.9 x 25.4 cm. (3.5 x 10 in.) section of
fabric. For garment testing the specimen will include a seam or trim.
(o) Tight-fitting garment means a garment which:
(1)(i) In each of the sizes listed below does not exceed the maximum
dimension specified below for the chest, waist, seat, upper arm, thigh,
wrist, or ankle:
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Chest Waist Seat Upper arm Thigh Wrist Ankle
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Size 9-12 mos
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Maximum dimension:
Centimeters.................... 48.3 48.3 48.3 14.3 26.7 10.5 13
(inches)....................... (19) (19) (19) (5\5/8\) (10\1/2\) (4\1/8\) (5\1/8\)
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Size 12-18 mos
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Maximum dimension:
Centimeters.................... 49.5 49.5 50.8 14.9 28.3 10.5 13.1
(inches)....................... (19\1/2\) (19\1/2\) (20) (5\7/8\) (11\1/8\) (4\1/8\) (5\1/8\)
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Size 18-24 mos
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Maximum dimension:
Centimeters.................... 52.1 50.8 53.3 15.6 29.5 11 13.6
(inches)....................... (20\1/2\) (20) (21) (6\1/8\) (11\5/8\) (4\1/4\) (5\3/8\)
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Size 2
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Maximum dimension:
Centimeters.................... 52.1 50.8 53.3 15.6 29.8 11.4 14
(inches)....................... (20\1/2\) (20) (21) (6\1/8\) (11\3/4\) (4\1/2\) (5\1/2\)
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Size 3
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Maximum dimension:
Centimeters.................... 53.3 52.1 56 16.2 31.4 11.7 14.9
(inches)....................... (21) (20\1/2\) (22) (6\3/8\) (12\3/8\) (4\5/8\) (5\7/8\)
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Size 4
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Maximum dimension:
Centimeters.................... 56 53.3 58.4 16.8 33.0 12.1 15.9
(inches)....................... (22) (21) (23) (6\5/8\) (13) (4\3/4\) (6\1/4\)
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Size 5
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Maximum dimension:
Centimeters.................... 58.4 54.6 61.0 17.5 34.6 12.4 16.8
(inches)....................... (23) (21\1/2\) (24) (6\7/8\) (13\5/8\) (4\7/8\) (6\5/8\)
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Size 6
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Maximum dimension:
Centimeters.................... 61.0 55.9 63.5 18.1 36.2 12.7 17.8
(inches)....................... (24) (22) (25) (7\1/8\) (14\1/4\) (5) (7)
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Size 6X
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Maximum dimension:
Centimeters.................... 62.9 57.2 65.4 18.7 37.8 13.0 18.7
(inches)....................... (24\3/4\) (22\1/2\) (25\3/4\) (7\3/8\) (14\7/8\) (5\1/8\) (7\3/8\)
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[[Page 633]]
(ii) Note: Measure the dimensions on the front of the garment. Lay
garment, right side out, on a flat, horizontal surface. Smooth out
wrinkles. Measure distances as specified below and multiply them by two.
Measurements should be equal to or less than the maximum dimensions
given in the standards.
(A) Chest--measure distance from arm pit to arm pit (A to B) as in
Diagram 1.
(B) Waist--See Diagram 1. One-piece garment, measure at the
narrowest location between arm pits and crotch (C to D). Two-piece
garment, measure width at both the bottom/ sweep of the upper piece (C
to D) and, as in Diagram 3, the top of the lower piece (C to D).
(C) Wrist--measure the width of the end of the sleeve (E to F), if
intended to extend to the wrist, as in Diagram 1.
(D) Upper arm--draw a straight line from waist/sweep D through arm
pit B to G. Measure down the sleeve fold from G to H. Refer to table
below for G to H distances for each size. Measure the upper arm of the
garment (perpendicular to the fold) from H to I as shown in Diagram 1.
[GRAPHIC] [TIFF OMITTED] TR19JA99.015
[[Page 634]]
Distance From Shoulder (G) to (H) for Upper Arm Measurement for Sizes 9 Months through 6x
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9-12 mo 12-18 mo 18-24 mo 2 3 4 5 6 6x
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5.8 cm 2\1/8\" 6.6 cm 2\5/8\" 7.4 cm 2\7/8\" 7.4 cm 2\7/8\" 8.1 cm 3\1/4\" 8.8 cm 3\1/2\" 9.5 cm 3\1/4\" 10.3cm 4" 11 cm 4\3/8\"
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[[Page 635]]
(E) Seat--Fold the front of the pant in half to find the bottom of
thecrotch at J as in Diagram 2. The crotch seam and inseam intersect at
J. Mark point K on the crotch seam at 4 inches above and perpendicular
to the bottom of the crotch. Unfold the garment as in Diagram 3. Measure
the seat from L to M through K as shown.
(F) Thigh--measure from the bottom of the crotch (J) 1 inch down the
inseam to N as in Diagram 2. Unfold the garment and measure the thigh
from the inseam at N to O as shown in Diagram 3.
(G) Ankle--measure the width of the end of the leg (P to Q), if
intended to extend to the ankle, as in Diagram 3.
[GRAPHIC] [TIFF OMITTED] TR19JA99.016
(2) Has no item of fabric, ornamentation or trim, such as lace,
appliques, or ribbon, which extends more than 6 millimeters (\1/4\ inch)
from the point of attachment to the outer surface of the garment;
(3) Has sleeves which do not exceed the maximum dimension for the
upper arm at any point between the upper arm and the wrist, and which
diminish in width gradually from the top of the shoulder (point G in
Diagram 1) to the wrist;
(4) Has legs which do not exceed the maximum dimension for the thigh
at any point between the thigh and the ankle, and which diminish in
width gradually from the thigh to the ankle;
(5) In the case of a one-piece garment, has a width which does not
exceed the maximum dimension for the chest at any point between the
chest and the waist and which diminishes gradually from the chest to the
waist; and has a width which does not exceed the maximum dimension for
the seat at any point between the seat and the waist and which
diminishes gradually from the seat to the waist;
[[Page 636]]
(6) In the case of a two-piece garment has an upper piece with a
width which does not exceed the maximum dimension for the chest at any
point between the chest and the bottom of that piece and which
diminishes gradually from the chest to the bottom of that piece; in the
case of an upper piece with fastenings, has the lowest fastening within
15 centimeters (6 inches) of the bottom of that piece;
(7) In the case of a two-piece garment, has a lower piece with a
width which does not exceed the maximum dimension for the seat at any
point between the seat and the top of the lower piece and which
diminishes gradually from the seat to the top of that piece;
(8) Complies with all applicable requirements of the Standard for
the Flammability of Clothing Textiles (16 CFR part 1610) and the
Standard for the Flammability of Vinyl Plastic Film (16 CFR part 1611);
and
(9) Bears a label stating the size of the garment in terms of age in
months, or by child's size; for example: ``Size 9 to 12 mos.'' or ``Size
2.'' If the label is not visible to the consumer when the garment is
offered for sale at retail, the same information must appear legibly on
the package of the garment.
(10)(i) Hangtags. Bears a hangtag as shown following this paragraph
stating ``For child's safety, garment should fit snugly. This garment is
not flame resistant. Loose-fitting garment is more likely to catch
fire.'' The hangtag must measure 1\1/2\" x 6\1/
4\". The text must be enclosed in a text box that measures
1" x 5\3/4\" and must be in 18 point Arial/
Helvetica font. The hangtag must have a yellow background and black
lettering. The color yellow must meet the specifications for Standard
Safety Yellow (Hue 5.OY; Value/Chroma 8.0/12) as described in American
National Standard ANSI Z535.1-1998, Safety Color Code, p.6, under
Munsell Notation. \2\ One side of the hangtag must display only this
message. The reverse side of the hangtag may display sizing information,
but otherwise must be blank. The text must not be obscured by the hole
provided for attaching the hangtag to the garment. The hangtag must be
prominently displayed on the garment.
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\2\ ANSI Z535.1-1998, Standard for Safety Color Code, p.6, published
by National Electrical Manufacturers Association is incorporated by
reference. Copies of this document are available from the National
Electrical Manufacturers Association, 1300 N. 17th Street, Suite 1847,
Rossylyn, Virginia 22209. This document is also available for inspection
at the Office of the Federal Register, 800 North Capitol Street, NW,
Suite 700, Washington, DC. The incorporation by reference was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
[GRAPHIC] [TIFF OMITTED] TR08SE99.000
(ii) Packages. If the garments are sold in packages, the package
must have a label as shown following this paragraph with the same
language that would appear on the hangtag. The label must have a text
box that measures \3/4\" x 3\3/4\". The text must
be 11 point Arial/Helvetica in black lettering against a yellow
background. The packages must be prominently, conspicuously, and legibly
labeled with the required message. The package label may be adhesive.
[[Page 637]]
[GRAPHIC] [TIFF OMITTED] TR08SE99.001
(11) Bears a label as shown following this paragraph stating ``Wear
Snug-fitting, Not Flame Resistant.'' The text must be printed on the
front of the sizing label located on the center back of the garment and
must be immediately below the size designation. The text must be a
minimum of 5 point sans serif font in all capital letters and must be
set apart from other label text by a line border. The text must contrast
with the background color of the label. The label must not be covered by
any other label or tag.
[GRAPHIC] [TIFF OMITTED] TR08SE99.002
[40 FR 59903, Dec. 30, 1975, as amended at 43 FR 4853, Feb. 6, 1978; 50
FR 53307, Dec. 31, 1985; 61 FR 47644, Sept. 9, 1996; 64 FR 2838, Jan.
19, 1999; 64 FR 34533, 34535, June 28, 1999; 65 FR 1435, Jan. 10, 2000]
Sec. 1615.2 Scope and application.
(a) This Standard provides a test method to determine the
flammability of items as defined in Sec. 1615.1(d).
(b) All items as defined in Sec. 1615.1(d) are subject to
requirements of this standard.
(c) The flammability standards for clothing textiles and vinyl
plastic film, parts 1610 and 1611 of this chapter, are superseded by
this part insofar as they apply to items defined in Sec. 1615.1(d).
[40 FR 59903, Dec. 30, 1975, as amended at 64 FR 34533, June 28, 1999]
Sec. 1615.3 General requirements.
(a) Summary of test method. Five conditioned specimens, 8.9 x 25.4
cm. (3.5 x 10 in.), are suspended one at a time vertically in holders in
a prescribed cabinet and subjected to a standard flame along their
bottom edge for a specified time under controlled conditions. The char
length is measured.
(b) Test criteria. The test criteria when the testing is done in
accordance with Sec. 1615.4 Test procedure are:
(1) Average char length. The average char length of five specimens
shall not exceed 17.8 cm. (7.0 in.).
(2) Full specimen burn. No individual specimen shall have a char
length of 25.4 cm. (10 in.).
[40 FR 59903, Dec. 30, 1975, as amended at 43 FR 4853, Feb. 6, 1978]
Sec. 1615.4 Test procedure.
(a) Apparatus--(1) Test chamber. The test chamber shall be a steel
cabinet with inside dimensions of 32.9 cm. (12 15/16 in.) wide, 32.9 cm.
(12 15/16 in.) deep, and 76.2 cm. (30 in.) high. It shall have a frame
which permits the suspension of the specimen holder over the center of
the base of the cabinet at such a height that the bottom of the specimen
holder is 1.7 cm. ( 3/4 in.) above the highest point of the barrel of
the gas burner specified in paragraph (c) of this section and
perpendicular to the front of the cabinet. The front of the cabinet
shall be a close fitting door with a glass insert to permit observation
of the entire test. The cabinet
[[Page 638]]
floor may be covered with a piece of asbestos paper, whose length and
width are approximately 2.5 cm. (1 in.) less than the cabinet floor
dimensions. The cabinet to be used in this test method is illustrated in
Figure 1 and detailed in Engineering Drawings, Nos. 1 to 7.
(2) Specimen holder. The specimen holder is designed to permit
suspension of the specimen in a fixed vertical position and to prevent
curling of the specimen when the flame is applied. It shall consist of
two U-shaped 0.20 cm. (14 ga. USS) thick steel plates, 42.2 cm. (16\5/8\
in.) long, and 8.9 cm. (3.5 in.) wide, with aligning pins. The openings
in the plates shall be 35.6 cm. (14 in.) long and 5.1 cm. (2 in.) wide.
The specimen shall be fixed between the plates, which shall be held
together with side clamps. The holder to be used in this test method is
illustrated in Figure 2 and detailed in Engineering Drawing No. 7.
(3) Burner. The burner shall be substantially the same as that
illustrated in Figure 1 and detailed in Engineering Drawing No. 6. It
shall have a tube of 1.1 cm. (0.43 in.) inside diameter. The input line
to the burner shall be equipped with a needle valve. It shall have a
variable orifice to adjust the height of the flame. The barrel of the
burner shall be at an angle of 25 deg. from the vertical. The burner
shall be equipped with an adjustable stop collar so that it may be
positioned quickly under the test specimen. The burner shall be
connected to the gas source by rubber or other flexible tubing.
(4) Gas supply system. There shall be a pressure regulator to
furnish gas to the burner under a pressure of 12913mm. Hg
(2\1/2\\1/4\ lbs. per sq. in.) at the burner inlet.
(5) Gas. The gas shall be at least 97 percent pure methane.
(6) Hooks and weights. Metal hooks and weights shall be used to
produce a series of loads for char length determinations. Suitable metal
hooks consist of No. 19 gauge steel wire, or equivalent, made from 7.6
cm. (3 in.) lengths of the wire, bent 1.3 cm. (0.5 in.) from one end to
a 45 deg. angle hook. The longer end of the wire is fastened around the
neck of the weight to be used and the other in the lower end of each
burned specimen to one side of the burned area. The requisite loads are
given in table 1.
[[Page 639]]
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[GRAPHIC] [TIFF OMITTED] TC03OC91.088
Table 1--Original Fabric Weight \1\
------------------------------------------------------------------------
Loads
Grams per square meter Ounces per square yard -----------------
Grams Pounds
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Less than 101 Less than 3 54.4 0.12
101 to 207 3 to 6 113.4 .25
207 to 338 6 to 10 226.8 .50
Greater than 338 Greater than 10 340.2 .75
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\1\ Weight of the original fabric, containing no seams or trim is
calculated from the weight of a specimen which has been conditioned for
at least 8 h at 21 1.1 deg.C (702 deg.F) and
652 pct relative humidity. Shorter conditioning times may be
used if the change in weight of a speciment in successive weightings
made at intervals of not less than 2 h
[[Page 647]]
does not exeeed 0.2 pct of the weight of the speciment.
(7) Stopwatch. A stopwatch or similar timing device shall be used to
measure time to 0.1 second.
(8) Scale. A linear scale graduated in millimeters or 0.1 inch
divisions shall be used to measure char length.
(9) Circulating Air Oven. A forced circulation drying oven capable
of maintaining the specimens at 1052.8 deg.C.
(2215 deg.F.), shall be used to dry the specimen while
mounted in the specimen holders. \3\
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\3\ Option 1 of ASTM, D2654-67T, ``Method of Test for Amount of
Moisture in Textile Materials,'' describes a satisfactory oven (1970
Book of ASTM Standards, part 24, published by the American Society for
Testing and Materials, 1916 Race Street, Philadelphia, Pa. 19103).
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(10) Desiccator. An air-tight and moisture-tight desiccating chamber
shall be used for cooling mounted specimens after drying. Anhydrous
silica gel shall be used as the desiccant in the desicating chamber.
(11) Hood. A hood or other suitable enclosure shall be used to
provide a draft-free environment surrounding the test chamber. This
enclosure shall have a fan or other suitable means for exhausting smoke
and/or toxic gases produced by testing.
(b) Specimens and sampling--General. (1) The test criteria of
Sec. 1615.3(b) shall be used in conjunction with the following fabric
and garment sampling plain, or any other approved by the Consumer
Product Safety Commission that provides at least the equivalent level of
fire safety to the consumer. Alternate sampling plans submitted for
approval shall have operating characteristics such that the probability
of Unit acceptance at any percentage defective does not exceed the
corresponding probability of Unit acceptance of the following sampling
plan in the region of the latter's operating characteristic curves that
lies between 5 and 95 percent acceptance probability.
(2) Different colors or different print patterns of the same fabric
may be included in a single Fabric or Garment Production Unit, provided
such colors or print patterns demonstrate char lengths that are not
significantly different from each other as determined by previous
testing of at least three samples from each color or print pattern to be
included in the Unit.
(3) Garments with different trim and findings may be included in a
single Garment Production Unit providing the other garment
characteristics are identical except for size, color, and print pattern.
(4) For fabrics whose flammability characteristics are not dependent
on chemical additives or chemical reactants to fiber, yarns, or fabrics,
the laundering requirement of paragraph (g)(4) of this section is met on
subsequent Fabric Production Units if results of testing an initial
Fabric Production Unit demonstrate acceptability according to the
requirements of paragraph (c) of this section, Normal Sampling, both
before and after the appropriate laundering.
(5) If the fabric has been shown to meet the laundering requirement,
paragraph (g)(4) of this section, the garments produced from that fabric
are not required to be laundered.
(6) Each Sample (five specimens) for all Fabric Sampling shall be
selected so that two specimens are in one fabric direction (machine or
cross-machine) and three specimens are in the other fabric direction
except for the additional Sample selected after a failure, in which
case, all five specimens shall be selected in the same fabric direction
in which the specimen failure occurred.
(7) Fabric Samples may be selected from fabric as outlined in
paragraph (c) of this section entitled Fabric Sampling, or, for
verification purposes, from randomly selected garments.
(8) Multilayer fabrics shall be tested with a hem of approximately
2.5 cm. (1 in.) sewn at the bottom edge of the specimen with a suitable
thread and stitch. The specimen shall include each of the components
over its entire length. Garments manufactured from multilayer fabrics
shall be tested with the edge finish at the bottom edge of the specimen
which is used in the garment.
(c) Specimens and Sampling--Fabric Sampling. A Fabric Production
Unit (Unit) is either accepted or rejected in accordance with the
following plan:
[[Page 648]]
(1) Normal Sampling. Select one Sample from the beginning of the
first Fabric Piece (Piece) in the Unit and one Sample from the end of
the last Piece in the Unit, or select a sample from each end of the
Piece if the Unit is made up of only one Piece. Test the two selected
Samples. If both Samples meet all the Test Criteria of Sec. 1615.3(b),
accept the unit. If either or both of the Samples fail the 17.8 cm. (7.0
in.) average char length criterion, Sec. 1615.3(b)(1), reject the Unit.
If two or more of the individual specimens, from the 10 selected
specimens fail, the 25.4 cm. (10 in.) char length, .3(b)(2), reject the
Unit. If only one individual specimen, from the 10 selected specimens,
fails the 25.4 cm. (10 in.) char length, Sec. 1615.3(b)(2), select five
additional specimens from the same end of the Piece in which the failure
occurred, all five to be taken in the fabric direction in which the
specimen failure occurred. If this additional Sample passes all the test
criteria, accept the Unit. If this additional Sample fails any part of
the test criteria, reject the Unit.
(2) Reduced Sampling. (i) The level of sampling required for fabric
acceptance may be reduced provided the preceding 15 Units of the fabric
have all been accepted using the Normal Sampling plan.
(ii) The Reduced Sampling plan shall be the same as for Normal
Sampling except that the quantity of fabric in the Unit may be increased
to 10,000 linear yards.
(iii) Select and test two Samples in the same manner as in Normal
Sampling. Accept or reject the Unit on the same basis as with Normal
Sampling.
(iv) Reduced Sampling shall be discontinued and Normal Sampling
resumed if a Unit is rejected.
(3) Tightened Sampling. The level of sampling required for
acceptance shall be increased when a Unit is rejected under the Normal
Sampling plan. The Tightened Sampling shall be the same as Normal
Sampling except that one additional Sample shall be selected and cut
from a middle Piece in the Unit. If the Unit is made up of less than two
pieces, the Unit shall be divided into at least two Pieces. The division
shall be such that the Pieces produced by the division shall not be
smaller than 100 linear yards or greater than 2,500 linear yards. If the
unit is made up of two Pieces, the additional Sample shall be selected
from the interior end of one of the Pieces. Test the three selected
Samples. If all three selected Samples meet all the test criteria of
Sec. 1615.3(b), accept the unit. If one or more of the three selected
Samples fail the 17.8 cm. (7.0 in.) average char length criterion,
Sec. 1615.3(b)(1), reject the Unit. If two or more of the individual
specimens from the 15 selected specimens fail the 25.4 cm. (10 in.) char
length, Sec. 1615.3(b)(2), reject the unit. If only one individual
specimen, of the 15 selected Specimens fails the 25.4 cm. (10 in.) char
length, Sec. 1615.3(b)(2), select five additional specimens from the
same end of the same piece in which the failure occurred, all five to be
taken in the fabric direction in which the Specimen failure occurred. If
this additional Sample passes all the test criteria, accept the Unit. If
this additional Sample fails any part of the test criteria, reject the
Unit. Tightened Sampling may be discontinued and Normal Sampling resumed
after five consecutive Units have all been accepted using Tightened
Sampling. If Tightened Sampling remains in effect for 15 consecutive
units, production of the specific fabric in Tightened Sampling must be
discontinued until that part of the process or component which is
causing failure has been identified and the quality of the end product
has been improved.
(4) Disposition of Rejected Units. (i) The Piece or Pieces which
have failed and resulted in the initial rejection of the Unit may not be
retested, used, or promoted for use in children's sleepwear as defined
in Sec. 1615.1(a) except after reworking to improve the flammability
characteristics and subsequent retesting in accordance with the
procedures in Tightened Sampling.
(ii) The remainder of a rejected Unit, after removing the Piece or
Pieces the failure of which resulted in Unit rejection, may be accepted
if the following test plan is successfully concluded at all required
locations. The required locations are those adjacent to each such failed
Piece. (Required locations exist on both sides of the ``Middle Piece''
tested in Tightened Sampling if failure
[[Page 649]]
of that Piece resulted in Unit rejection.) Failure of a Piece shall be
deemed to have resulted in Unit rejection if Unit rejection occurred and
a Sample or specimen from the Piece failed any test criterion of
Sec. 1615.3(b).
(iii) The Unit should contain at least 15 Pieces for disposition
testing after removing the failing Pieces. If necessary for this
purpose, the Unit shall be demarcated into at least 15 approximately
equal length Pieces unless such division results in Pieces shorter than
100 linear yards. In this latter case, the Unit shall be demarcated into
roughly equal length Pieces of approximately 100 linear yards each. If
such a division results in five Pieces or less in the Unit for each
failing Piece after removing the failing Pieces, only the individual
Piece retest procedure (described subsequently) may be used.
(iv) Select and cut a Sample from each end of each adjoining Piece
beginning adjacent to the Piece which failed. Test the two Samples from
the Piece. If both Samples meet all the test criteria of Sec. 1615.3(b),
the Piece is acceptable. If one or both of the two selected Samples fail
the 17.8 cm. (7.0 in.) average char length criterion, Sec. 1615.3(b)(1),
the Piece is unacceptable. If two or more of the individual Specimens,
from the 10 selected specimens, fail the 25.4 cm. (10 in.) char length
Sec. 1615.3(b)(2), the Piece is unacceptable. If only one individual
specimen, from the 10 selected specimens, fails the 25.4 cm. (10 in.)
char length, Sec. 1615.3(b)(2), select five additional specimens from
the same end of the Piece in which the failure occurred, all five to be
taken in the fabric direction in which the specimen failure occurred. If
this additional Sample passes all the test criteria, the Piece is
acceptable. If this additional Sample fails any part of the test
criteria, the Piece is unacceptable.
(v) Continue testing adjoining Pieces until a Piece has been found
acceptable. Then continue testing adjoining Pieces until three
successive adjoining Pieces, not including the first acceptable Piece,
have been found acceptable or until five such Pieces not including the
first acceptable Piece, have been tested, whichever occurs sooner.
Unless three successive adjoining Pieces have been found acceptable
among five such Pieces, testing shall be stopped and the entire Unit
rejected without further testing. If three successive Pieces have been
found acceptable among five such Pieces, accept the three successive
acceptable Pieces and the remaining Pieces in the Unit.
(vi) Alternatively, individual Pieces from a rejected Unit
containing three or more Pieces may be tested and accepted or rejected
on a Piece-by-Piece basis according to the following plan, after
removing the Piece or Pieces, the failure of which resulted in Unit
rejection. Select four Samples (two from each end) from the Piece. Test
the four selected Samples. If all four Samples meet all the Test
Criteria of Sec. 1615.3(b), accept the Piece. If one or more of the
Samples fail the 17.8 cm. (7 in.) average char length criterion,
Sec. 1615.3(b)(1), reject the Piece. If two or more of the individual
Specimens from the 20 selected specimens, fail the 25.4 cm. (10 in.)
char length, Sec. 1615.3(b)(1), reject the Piece. If only one individual
specimen, from the 20 selected specimens, fails the 25.4 cm. (10 in.)
char length, Sec. 1615.3(b)(2), select two additional Samples from the
same end of the Piece in which the failure occurred. If these additional
two Samples meet all the Test Criteria of Sec. 1615.3(b), accept the
Piece. If one or both of the two additional Samples fail any part of the
Test Criteria, reject the Piece.
(vii) The Pieces of a Unit rejected after retesting may not be
retested, used, or promoted for use in children's sleepwear as defined
in Sec. 1615.1(a) except after reworking to improve the flammability
characteristics, and subsequent retesting in accordance with the
procedures set forth in Tightened Sampling.
(5) Records. Records of all Unit sizes, test results, and the
disposition of rejected Pieces and Units must be maintained by the
manufacturer upon the effective date of this Standard. Rules and
regulations may be established by the Consumer Product Safety
Commission.
(d) Specimens and Sampling--Garment Sampling. (1)(i) The garment
sampling plan is made up of two parts: (A) Prototype Testing and (B)
Production Testing. Prior to production, prototypes
[[Page 650]]
must be tested to assure that the design characteristics of the garments
are acceptable. Garment Production Units (Units) are then accepted or
rejected on an individual Unit basis.
(ii) Edge finishes such as hems and binding are excluded from
testing except that when trim is used on an edge the trim must be
subjected to prototype testing. Seams attaching findings are excluded
from testing.
(2) Prototype Testing. Preproduction prototypes of a garment style
or type shall be tested to assure that satisfactory garment
specifications in terms of flammability are set up prior to production.
(i) Seams. Make three Samples (15 specimens) using the longest seam
type and three Samples using each other seam type 10 inches or longer
that is to be included in the garment. Prior to testing, assign each
specimen to one of the three Samples. Test each set of three Samples and
accept or reject each seam design in accordance with the following plan:
(A) If all three Samples meet all the test criteria of
Sec. 1615.3(b), accept the seam design. If one or more of the three
Samples fail the 17.8 cm. (7 in.) average char length criterion,
Sec. 1615.3(b)(1), reject the seam design. If three or more of the
individual Specimens from the 15 selected specimens fail the 25.4 cm.
(10 in.) char length, Sec. 1615.3(b)(2), reject the seam design. If only
one of the individual specimens from the 15 selected specimens fails the
25.4 cm. (10 in.) char length, Sec. 1615.3(b)(2), accept the seam
design.
(B) If two of the individual specimens from the 15 selected
specimens, fail the 25.4 cm. (10 in.) char length, Sec. 1615.3(b)(2),
select three more Samples (15 specimens) and retest. If all three
additional Samples meet all the test criteria of Sec. 1615.3(b) accept
the seam design. If one or more of the three additional Samples fail the
17.8 cm. (7 in.) average char length criterion, Sec. 1615.3(b)(1),
reject the seam design. If two or more of the individual specimens from
the 15 selected specimens, fail the 25.4 cm. (10 in.) char length,
Sec. 1615.3(b)(2) reject the seam design. If only one of the individual
specimens from the 15 selected specimens, fails the 25.4 cm. (10 in.)
char length Sec. 1615.3(b)(2) accept the seam design.
(ii) Trim. (A)(1) Make three samples (15 specimens) from each type
of trim to be included in the garment. For trim used only in a
horizontal configuration on the garment, specimens shall be prepared by
sewing or attaching the trim horizontally to the bottom edge of an
appropriate section of untrimmed fabric. Sleeve and neckline trim may
not be tested in this manner. Where more than one row of trim is used on
the garment, specimens shall be prepared with the same configuration
(same number of rows and spacing between rows up to the limit of the
specimen size) as the garment.
(2) For trim used in other than a horizontal configuration,
specimens shall be prepared by sewing or attaching the trim to the
center of the vertical axis of an appropriate section of untrimmed
fabric, beginning the sewing or attachment at the lower edge of each
specimen.
(3) For either configuration, the sewing or attachment shall be made
in the manner in which the trim is attached in the garment.
(B)(1) Sewing or otherwise attaching the trim shall be done with
thread or fastening material of the same composition and size to be used
for this purpose in the garment and using the same stitching or
seamtype. Trim used in the horizontal configuration shall be sewn or
fastened the entire width (smaller dimension) of the specimen. Trim used
in other than the horizontal configuration shall be sewn or fastened the
entire length (longer dimension) of the specimen.
(2) Prior to testing, assign each specimen to one of the three
samples. Test the sets of three samples and accept or reject the type of
trim and design on the same basis as seam design. A type of trim and
design accepted when tested in a vertical configuration may be used in a
horizontal configuration without further testing.
(3) Production Testing. A Unit is either accepted or rejected
according to the following plan:
(i)(A) From each Unit select at random sufficient garments and cut
three
[[Page 651]]
Samples (15 specimens) from the longest seam type. No more than five
specimens may be cut from a single garment. Prior to testing, assign
each specimen to one of the three Samples. All specimens cut from a
single garment must be included in the same Sample. Test the three
selected Samples. If all three Samples meet all the test criteria of
Sec. 1615.3(b), accept the Unit. If one or more of the three Samples
fail the 17.8 cm. (7 in.) average char length criterion,
Sec. 1615.3(b)(1), reject the Unit. If four or more of the individual
specimens, from the 15 selected specimens, fail the 25.4 cm (10 in.)
char length, Sec. 1615.3(b)(2), reject the Unit. If three of less of the
individual specimens, from the 15 selected specimens, fail the 25.4 cm.
(10 in.) char length, Sec. 1615.3(b)(2), accept the Unit.
(B)(1) If the garment under test does not have a 10-inch seam in the
largest size in which it is produced, the following selection and
testing procedure shall be followed.
(2) Select and cut specimens 8.9 cm. (3.5 in.) wide by the maximum
available seam length, with the seam in the center of the specimen and
extending the entire specimen length. Cut three Samples (15 specimens).
These specimens shall be placed in specimen holders so that the bottom
edge is even with the bottom of the specimen holder and the seam begins
in the center of the bottom edge. Prior to testing, assign each specimen
to one of the three Samples. All specimens cut from a single garment
must be included in the same Sample.
(3) Test the three Samples. If all three Samples pass the 17.8 cm.
(7 in.) average char length criterion, Sec. 1615.3(b)(1), and if three
or less individual specimens fail by charring the entire specimen
length, accept the Unit. If the Unit is not accepted in the above test,
three Samples (15 specimens) of the longest seam type shall be made
using fabric and thread from production inventory and sewn on production
machines by production operators. The individual fabric sections prior
to sewing must be no larger than 20.3 x 63.3 cm. (8 in. x 25 in.) and
must be selected from more than one area of the base fabric. Test the
three prepared Samples. Accept or reject the Unit as described
previously in this subsection.
(4) Disposition of Rejected Units. Rejected Units shall not be
retested, used, or promoted for use in children's sleepwear as defined
in Sec. 1615.1(a), except after reworking to improve the flammability
characteristics and subsequent retesting in accordance with the
procedures set forth in garment production testing.
(5) Records. Records of all Unit sizes, test results, and the
disposition of rejected Units must be maintained by the manufacturer
upon the effective date of this standard. Rules and regulations may be
established by the Consumer Product Safety Commission.
(e) Specimens and Sampling--Compliance Market Sampling Plan.
Sampling plans for use in market testing of items covered by this
Standard may be issued by the Consumer Product Safety Commission. Such
plans shall define noncompliance of a production Unit to exist only when
it is shown, with a high level of statistical confidence, those
production Units represented by tested items which fail such plans will,
in fact, fail this standard. Production units found to be non-complying
under the provisions of paragraph (e) of this section shall be deemed
not to conform to this Standard. The Consumer Product Safety Commission
may publish such plans in the Federal Register.
(f) Mounting and conditioning of specimens. (1) The specimens shall
be placed in specimen holders so that the bottom edge of each specimen
is even with the bottom of the specimen holder. Mount the specimen in as
close to a flat configuration as possible. The sides of the specimen
holder shall cover 1.9 cm. (\3/4\ in.) of the specimen width along each
long edge of the specimen, and thus shall expose 5.1 cm. (2 in.) of the
specimen width. The sides of the specimen holder shall be clamped with a
sufficient number of clamps or shall be taped to prevent the specimen
from being displaced during handling and testing. The specimens may be
taped in the holders if the clamps fail to hold them. Place the mounted
specimens in the drying oven in a manner that will
[[Page 652]]
permit free circulation of air at 105 deg.C. (221 deg.F.) around them
for 30 minutes.\4\
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\4\ If the specimens are moist when received, permit them to air dry
at laboratory conditions prior to placement in the oven. A satisfactory
preconditioning procedure may be found in ASTM D 1776-67, ``Conditioning
Textiles and Textile Products for Testing.'' (``1970 Book of ASTM
Standards,'' part 24, published by the American Society for Testing and
Materials, 1916 Race Street, Philadelphia, PA 19103.)
---------------------------------------------------------------------------
(2) Remove the mounted specimens from the oven and place them in the
desiccator for 30 minutes to cool. No more than five specimens shall be
placed in a desiccator at one time. Specimens shall remain in the
desiccator no more than 60 minutes.
(g) Testing--(1) Burner adjustment. With the hood fan turned off,
use the needle valve to adjust the flame height of the burner to 3.8 cm.
(1\1/2\ in.) above the highest point of the barrel of the burner. A
suitable height indicator is shown in Engineering Drawing No. 6 and
Figure 1.
(2) Specimen Burning and Evaluation. (i) One at a time, the mounted
specimens shall be removed from the desiccator and suspended in the
cabinet for testing. The cabinet door shall be closed and the burner
flame impinged on the bottom edge of the specimen for 3.00.2
seconds. Flame impingement is accomplished by moving the burner under
the specimen for this length of time, and then removing it.
(ii) When afterglow has ceased, remove the specimen from the cabinet
and holder, and place it on a clean flat surface. Fold the specimen
lengthwise along a line through the highest peak of the charred or
melted area; crease the specimen firmly by hand. Unfold the specimen and
insert the hook with the correct weight as shown in table 1 in the
specimen on one side of the charred area 6.4 mm. (\1/4\ in.) from the
lower edge.
(iii) Tear the specimen by grasping the other lower corner of the
fabric and gently raising the specimen and weight clear of the
supporting surface. \5\ Measure the char length as the distance from the
end of the tear to the edge of the specimen exposed to the flame. After
testing each specimen, vent the hood and cabinet to remove the smoke
and/or toxic gases.
---------------------------------------------------------------------------
\5\ A figure showing how this is done is given in AATCC 34-1969,
Technical Manual of the American Association of Textile Chemists and
Colorists, vol. 46, 1970, published by AATCC, Post Office Box 12215,
Research Triangle Park, N.C. 27709.
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(3) Report. Report the value of char length, in centimeters
(inches), for each specimen, as well as the average char length for each
set of five specimens.
(4) Laundering. (i) The procedures described in sections 1615.4(b)
through (g) shall be carried out on finished items (as produced or after
one washing and drying) and after they have been washed and dried 50
times in accordance with sections 8.2.2, 8.2.3, and 8.3.1(A) of AATCC
Test Method 124-1996 ``Appearance of Fabrics after Repeated Home
Laundering,'' Technical Manual of the American Association of Textile
Chemists and Colorists, vol. 73, 1997, which is incorporated by
reference. Copies of this document are available from the American
Association of Textile Chemists and Colorists, P.O. Box 12215, Research
Triangle Park, North Carolina 27709. This document is also available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC. This incorporation by reference
was approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Items which do not withstand 50
launderings shall be tested at the end of their useful service life.
(ii) Washing shall be performed in accordance with sections 8.2.2
and 8.2.3 of AATCC Test Method 124-1996, using wash temperature V
(60 deg. 3 deg.C, 140 deg. 5 deg.F) specified
in Table II of that method, and the water level, agitator speed, washing
time, spin speed and final spin cycle specified for ``Normal/Cotton
Sturdy'' in Table III. A maximum washer load shall be 3.64 Kg (8 pounds)
and may consist of any combination of test samples and dummy pieces.
Drying shall be performed in accordance with section 8.3.1(A) of that
test method, Tumble Dry, using the exhaust temperature (66 deg.
5 deg.C, 150 deg. 10 deg.F) and cool down time
of 10 minutes specified in the ``Durable Press'' conditions of Table IV.
Alternatively, a different
[[Page 653]]
number of times under another washing and drying procedure may be
specified and used, if that procedure has previously been found to be
equivalent by the Consumer Product Safety Commission. Such laundering is
not required of items which are not intended to be laundered, as
determined by the Consumer Product Safety Commission.
(iii) Items which are not susceptible to being laundered and are
labeled ``dry-clean only'' shall be drycleaned by a procedure which has
previously been found to be acceptable by the Consumer Product Safety
Commission.
(iv) For the purpose of the issuance of a guarantee under section 8
of the act, finished sleepwear garments to be tested according to
paragraphs (b) through (e) of this section need not be laundered or
drycleaned provided all fabrics used in making the garments (except
trim) have been guaranteed by the fabric producer to be acceptable when
tested according to paragraphs (b) through (e) of this section.
[40 FR 59903, Dec. 30, 1975; 41 FR 1061, Jan. 6, 1976; 41 FR 8032, Feb.
24, 1976, as amended at 43 FR 4853, Feb. 6, 1978; 46 FR 63251, Dec. 31,
1981; 64 FR 24526, June 28, 1999; 65 FR 12927, Mar. 10, 2000]
Sec. 1615.5 Labeling requirements.
(a) Care labels. All items of children's sleepwear shall be labeled
with precautionary instructions to protect the items from agents or
treatments which are known to cause deterioration of their flame
resistance. If the item has been initially tested under
Sec. 1615.4(g)(4) after one washing and drying, it shall be labeled with
instructions to wash before wearing. Such labels shall be permanent and
otherwise in accordance with rules and regulations established by the
Consumer Product Safety Commission.
(b) [Reserved]
[40 FR 59903, Dec. 30, 1975, as amended at 61 FR 1116, Jan. 16, 1996]
Subpart B--Rules and Regulations
Authority: Sec. 5, 67 Stat. 112-113, as amended, 81 Stat. 570, 15
U.S.C. 1194.
Sec. 1615.31 Labeling, recordkeeping, advertising, retail display and guaranties.
(a) Definitions. For the purposes of this section, the following
definitions apply:
(1) Standard means the Standard for the Flammability of Children's
Sleepwear: Sizes 0 through 6X (FF 3-71) (subpart A of this part)
promulgated by the Secretary of Commerce in the Federal Register of July
29, 1971 (36 FR 14062), and amended by him in the Federal Register of
July 21, 1972 (37 FR 14624).
(2) Children's sleepwear means ``children's sleepwear'' as defined
in Sec. 1615.1(a) of the Standard; that is, ``any product of wearing
apparel up to and including size 6X, such as nightgowns, pajamas, or
similar or related items, such as robes, intended to be worn primarily
for sleeping or activities related to sleeping. Diapers and underwear
are excluded from this definition.''
(3) Item means ``item'' as defined in Sec. 1615.1(c) of the
Standard; that is, ``any product of children's sleepwear, or any fabric
or related material intended or promoted for use in children's
sleepwear.''
(4) Marketing or handling or marketed or handled means any one or
more of the transactions set forth in section 3 of the Flammable Fabrics
Act (15 U.S.C. 1192).
(5) The definitions of terms set forth in Sec. 1615.1 of the
Standard shall also apply to this section.
(b) Labeling. (1) Where any agent or treatment is known to cause
deterioration of flame resistance or otherwise enhances the flammability
characteristics of an item, such item shall be prominently, permanently,
conspicuously, and legibly labeled with precautionary care and treatment
instructions to protect the item from such agent or treatment: Provided:
(i) Where items required to be labeled in accordance with this
paragraph are marketed at retail in packages, and the required label is
not readily visible to the prospective purchaser, the packages must also
be prominently, conspicuously, and legibly labeled with the required
information, and
[[Page 654]]
(ii) Where items are required to be labeled in accordance with this
paragraph, the precautionary care and treatment instructions may appear
on the reverse side of the permanent label if
(A) The precautionary care and treatment instructions are legible,
prominent and conspicuous, and
(B) The phrase ``CARE INSTRUCTIONS ON REVERSE'' or the equivalent
appears permanently, prominently, conspicuously, and legibly on the side
of the permanent label that is visible to the prospective purchaser when
the item is marketed at retail, and
(C) The item which is so labeled is marketed at retail in such a
manner that the prospective purchaser is able to manipulate the label so
the entire text of the precautionary care and treatment instructions is
visible and legible; however, where the label cannot be manipulated so
the instructions are visible to the prospective purchaser and legible,
the packages must also be prominently, conspicuously and legibly labeled
with the required precautionary care and treatment information or such
information must appear prominently, conspicuously and legibly on a hang
tag attached to the item.
(2) If the item has been initially tested under Sec. 1615.4(g)(4) of
the Standard after one washing and drying, it shall be prominently,
permanently, conspicuously, and legibly labeled with instructions to
wash before wearing.
(3) [Reserved]
(4) Where any fabric or related material intended or promoted for
use in children's sleepwear is sold or intended for sale to the ultimate
consumer for the purpose of conversion into children's sleepwear, each
bolt, roll, or other unit shall be labeled with the information required
by this section. Each item of fabric or related material sold to an
ultimate consumer must be accompanied by a label, as prescribed by this
section, that can by normal household methods be permanently affixed by
the ultimate consumer to any item of children's sleepwear made from such
fabric or related material.
(5) Where items required to be labeled in accordance with paragraphs
(b) (2), (3), and (4) of this section are marketed at retail in
packages, and the required label is not readily visible to prospective
purchasers, the packages must also be prominently, conspicuously, and
legibly labeled with the required information.
(6) Samples, swatches, or specimens used to promote or effect the
sale of items subject to the Standard shall be labeled in accordance
with this section with the information required by this section, except
that such information may appear on accompanying promotional materials
attached to fabric samples, swatches, or specimens used to promote the
sale of fabrics to garment manufacturers. This paragraph (b)(6) of this
section shall not apply, however, to samples, swatches, or specimens
prominently, permanently, conspicuously, truthfully, and legibly labeled
with the statement ``Flammable. Sample only. Not for use or resale. Does
not meet Standard for the Flammability of Children's Sleepwear, DOC FF
3-71.''
(7) The information required on labels by this section shall be set
forth separately from any other information appearing on the same label.
Other information, representations, or disclosures not required by this
action but placed on the same label with information required by this
section, or placed on other labels elsewhere on the item, shall not
interfere with the information required by this section. No person,
other than the ultimate consumer, shall remove or mutilate, or cause or
participate in the removal or mutilation of, any label required by this
section to be affixed to any item.
(8) Every manufacturer, importer, or other person (such as a
converter) initially introducing items subject to the Standard into
commerce shall assign to each item a unit identification (number, letter
or date, or combination, thereof) sufficient to identify and relate to
the fabric production unit or garment production unit of which the item
is a part. Such unit identification shall be designated in such a way as
to indicate that it is a production unit identification under the
Standard. The letters ``GPU'' and ``FPU'' may be used to designate a
garment production unit identification and fabric production
[[Page 655]]
unit identification respectively, at the option of the labeler.
(i) Where fabrics required to be labeled or stamped in accordance
with this section are marketed at retail in packages and the required
label or stamp is not readily visible to the prospective purchaser, the
packages must also be prominently, conspicuously, and legibly labeled
with the information required by this section.
(ii) Where garments required to be labeled or stamped in accordance
with paragraph (b)(8) of this section are marketed at retail in packages
and the required label or stamp is not readily visible to the
prospective purchasers:
(A) The packages must also be prominently, conspicuously, and
legibly labeled with the information required by this section; or
(B) There must be a garment style identification that is prominent,
conspicuous, and legible and readily visible to the prospective
purchaser, either on a label or hang tag attached to the garments or on
the garment packages. A style is a garment design or grouping,
preselected by the manufacturer. A style may be composed of garments
that form all or part of one or more GPU's and the style may include any
number of garments the manufacturer chooses. Style identification means
any numbers, letters, or combination thereof that are sufficient to
identify the garments of the style and may include information such as
color, season or size. If this option B is selected, in any recall of
noncomplying items from a particular GPU:
(1) The garment manufacturer must recall the entire style(s) from
all customers who purchased garments of the style(s) of which the GPU is
part. However, retailers may elect to return only garments from the
particular GPU necessitating the recall rather than the entire style(s)
being recalled; and
(2) Within 48 hours of a written request, the garment manufacturer
must supply to the Commission any samples in its possession of garments
from the GPU, as requested. As required of all persons subject to this
section, the garment manufacturer must also, within the time requested,
supply to the Commission the names of any customers who purchased during
a specified period of time, garments from the GPU (or the style(s) of
which the GPU is a part) and supply access to all records required under
the Standard and this section.
(iii) Each garment subject to the Standard shall bear a label with
minimum dimensions of 1.3 centimeters (0.5 inch) by 1.9 centimeters
(0.75 inch) containing the appropriate garment production unit
identification for that garment in letters which are clear, conspicuous,
and legible and in a color which contrasts with the background of the
label, or shall have such information stamped on the garment itself in
letters which are clear, conspicuous, and legible and in a color which
contrasts with the background, and at least 2.54 centimeters (1 inch) in
every direction from any other information. The stamp or label
containing the garment production unit identification must be of such
construction, and affixed to the garment in such a manner as to remain
on or attached to the garment and legible and visible throughout its
intended period of use.
(iv) The fabric production unit identification shall appear in
letters at least 0.4 centimeters (one-sixth of an inch) in height
against a contrasting background on each label that relates to such
fabric and is required by the Textile Fiber Products Identification Act
(15 U.S.C. 70-70k) and the regulations thereunder (16 CFR 303.1 through
303.45), or by the Wool Products Labeling Act of 1939 (15 U.S.C. 68-68j)
and the regulations thereunder (16 CFR 300.1 through 300.35). When the
information required by the Textile Fiber Product Identification Act or
by the Wool Products Labeling Act of 1939 appears on an invoice used in
lieu of labeling, the fabric production unit identification required by
this section may be placed clearly, conspicuously, and legibly on the
same invoice in lieu of labeling.
(c)-(d) [Reserved]
(e) Records--manufacturers, importers, or other persons initially
introducing items into commerce--(1) General. Every manufacturer,
importer, or other person (such as a converter) initially introducing
into commerce items subject to the Standard, irrespective of whether
guaranties are issued under paragraph (f) of this section, shall
maintain
[[Page 656]]
written and physical records as hereinafter specified. The records
required must establish a line of continuity through the process of
manufacture of each production unit of articles of children's sleepwear,
or fabrics or related materials intended or promoted for use in
children's sleepwear, to the sale and delivery of the finished items and
from the specific finished item to the manufacturing records. Such
records shall show with respect to such items:
(i) Details, description, and identification of any and all sampling
plans engaged in pursuant to the requirements of the Standard. Such
records must be sufficient to demonstrate compliance with such sampling
plan(s) and must relate the sampling plan(s) to the actual items
produced, marketed, or handled. This requirement is not limited by other
provisions of paragraph (e) of this section.
(ii) Garment production units or fabric production units of all
garments or fabrics marketed or handled. The records must relate to an
appropriate production unit identification on or affixed to the item
itself in accordance with paragraph (b)(8) of this section, and the
production unit identification must relate to the garment production
unit or fabric production unit.
(iii) Test results and details of all tests performed, both
prototype and production, including char lengths of each specimen
tested, average char length of the samples required to be tested,
details of the sampling procedure employed, name and signature of
persons conducting tests, date of tests, and all other records necessary
to demonstrate compliance with the test procedures and sampling plan
specified by the standard or authorized alternate sampling plan.
(iv) Disposition of all failing or rejected items. Such records must
demonstrate that the items were retested or reworked and retested in
accordance with the Standard prior to sale or distribution and that such
retested or reworked and retested items comply with the Standard, or
otherwise show the disposition of such items.
(v) Fiber content and manufacturing specifications relating the same
to prototype and production testing and to the production units to which
applicable.
(vi) Data and test results relied on as a basis for inclusion of
different colors or different print patterns of the same fabric as a
single fabric or garment production unit under Sec. 1615.4(b) of the
Standard.
(vii) Data and test results relied on as a basis for reduced
laundering of fabric or garments during test procedures under
Sec. 1615.4(g)(4) of the Standard and any guaranties issued or received
relating to laundering as well as details of the laundering procedure
utilized.
(viii) Identification, composition, and details of application of
any flame retardant treatments employed. All prototype and production
records shall relate to such information.
(ix) Date and quantity of each sale or delivery of items subject to
the Standard (except the date of sale to an ultimate consumer) and the
name and address of the purchaser or recipient (except an ultimate
consumer). The items involved in each such sale or delivery shall be
identified by production unit or by style. A style is a garment design
or grouping, preselected by the manufacturer. A style may be composed of
garments that form all or part of one or more garment production units
and the style may include any number of garments that form all or part
of one or more garment production units and the style may include any
number of garments the manufacturer chooses. If a person subject to the
requirements of Sec. 1615.31(e) maintains sales records which identify
the items sold or delivered by style, and if recall of one or more
production units subject to the Standard is required, that person in
recalling such production units shall notify all purchasers of items of
the style in which such production unit or units were manufactured.
Retailers may elect to return all items of the style involved, or all
items of the production unit or units subject to recall.
(2) Fabrics. In addition to the information specified in paragraph
(e)(1) of this section the written and physical records maintained with
respect to each fabric production unit shall include (i) finished fabric
samples sufficient to repeat the fabric sampling procedure required by
Sec. 1615.4 (b) through
[[Page 657]]
(e) of the Standard for each production unit marketed or handled; and
(ii) records to relate the samples to the actual fabric production unit.
Upon written request of any duly authorized employee or agent of the
Commission, samples sufficient for the sampling and testing of any
production unit in accordance with Sec. 1615.4 (b) through (e) of the
Standard shall be furnished from these records within the time specified
in that written request.
(3) Garments--prototype testing. In addition to the records
specified in paragraph (e)(1) of this section, the following written and
physical records shall be maintained with respect to the garment
prototype testing required by the Standard:
(i) Specification, fiber content, and details of construction on all
seams, fabrics, threads, stitches, and trims used in each garment style
or type upon which prototype testing was performed, relating the same to
such garment style or type and to all production units to which such
prototype testing is applicable.
(ii) Samples sufficient to repeat the prototype tests required by
Sec. 1615.4 (b) through (e) of the Standard for all fabrics, seams,
threads, stitches, and trims used in such prototype testing, relating
such samples to the records required by paragraph (e) of this section
including the information required by paragraph (e)(3)(i) of this
section. Upon written request of any duly authorized employee or agent
of the Commission, samples sufficient for the testing of any prototype
specimens identical to those specimens that were actually tested
pursuant to the Standard shall be furnished from these records within
the time specified in that written request.
(iii) A complete untested garment from each style or type of garment
marketed or handled.
(iv) Remains of all physical specimens tested in accordance with the
prototype testing required by Sec. 1615.4 (b) through (e) of the
Standard, relating such samples to the records required by paragraph (c)
of this section including information required by paragraph (e)(3)(i) of
this section.
(4) Garments--production testing. In addition to the records
required by paragraph (e)(1) of this section, written and physical
records shall be maintained and shall show with respect to each garment
production unit:
(i) Source and fabric production unit identification of all fabrics
subject to testing used in each garment production unit.
(ii) Identification and appropriate reference to all prototype
records and prototype tests applicable to each production unit.
(iii) Any guaranty relied upon to demonstrate that the fabric
utilized in such garments meets the laundering requirements of the
Standard.
(iv) Data sufficient to show that tested samples were selected from
the production unit at random from regular production.
(v) Written data that will enable the Commission to obtain and test
garments under any applicable compliance market sampling plan.
(5) Record retention requirements. The records required by paragraph
(e) of this section shall be maintained for 3 years, except that records
relating to prototype testing shall be maintained for as long as they
are relied upon as demonstrating compliance with the prototype testing
requirements of the Standard and shall be retained for 3 years
thereafter.
(f) Tests for guaranty purposes. Reasonable and representative tests
for the purpose of issuing a guaranty under section 8 of the Flammable
Fabrics Act (15 U.S.C. 1197) for items subject to the Standard shall be
those tests performed pursuant to any sampling plan or authorized
alternative sampling plan engaged in pursuant to the requirements of the
Standard.
(g) Compliance with this section. No person subject to the Flammable
Fabrics Act shall manufacture, import, distribute, or otherwise market
or handle any item subject to the Standard, including samples, swatches,
or specimens used to promote or effect the sale thereof, which is not in
compliance with this section.
[40 FR 59903, Dec. 30, 1975, as amended at 43 FR 4855 Feb. 6, 1978; 49
FR 3064, Jan. 24, 1984; 61 FR 1116, Jan. 16, 1996]
[[Page 658]]
Sec. 1615.32 Method for establishment and use of alternate laundering procedures under section 4(g)(4)(ii) of the standard.
(a) Scope. (1) Section 1615.4(g)(4)(ii) of the Standard for the
Flammability of Children's Sleepwear in sizes 0-6X (16 CFR
1615.4(g)(4)(ii)) requires that all fabrics and certain garments subject
to the standard be tested for flammability as produced (or after one
washing and drying) and after the items have been washed and dried 50
times in machines, using the procedure specified in AATCC Test Method
124-1996.\6\ This section also provides that items may be laundered a
different number of times under another washing and drying procedure if
the Commission finds that such an alternate laundering procedure is
equivalent to the procedure specified in the standard.
---------------------------------------------------------------------------
\6\ AATCC Test Method 124-1996 ``Appearance of Fabrics after
Repeated Home Laundering,'' Technical Manual of the American Association
of Textile Chemists and Colorists, vol. 73, 1997, which is incorporated
by reference. Copies of this document are available from the American
Association of Textile Chemists and Colorists, P.O. Box 12215, Research
Triangle Park, North Carolina 27709. This document is also available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., Suite 700, Washington, DC. This incorporation by reference
was approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51.
---------------------------------------------------------------------------
(2) This rule provides the procedures to be followed by persons
seeking Commission approval for alternate laundering procedures. It also
provides the criteria the Commission will use in evaluating the
applications.
(3) The alternate laundering procedures provided for in this section
apply only to procedures under section 4(g)(4)(ii) of the standard and
shall not be used for determining whether different colors or different
print patterns of the same fabric may be included in a single fabric or
garment production unit.
(4) As used in this section, fabric means fabric or related material
promoted or intended for use in children's sleepwear made to identical
specifications and containing the same identity while in production.
(b) Application procedure. (1) Applicants seeking approval for use
of an alternate laundering procedure under Sec. 1615.4(g)(4)(ii) of the
standard must submit the following information in writing to the
Assistant Executive Director for Compliance, Consumer Product Safety
Commission, Washington, DC 20207:
(i) A detailed description of the proposed alternate laundering
procedure, and a 6 in. by 6 in. swatch of the fabric or garment for
which the procedure is proposed.
(ii) Upon request of the Commission staff, any other information
concerning the procedure and/or any machine used in connection with it.
(iii) With regard to each fabric or garment for which an alternate
laundering procedure is sought, test data comparing twenty test
specimens washed and dried by the proposed alternate laundering
procedure and twenty specimens tested in accordance with the 50-wash and
dry cycle procedure required in section 4(g)(4)(ii) of the standard.
(For purposes of applications, similar fabrics or garments of different
finishes shall be considered as different fabrics or garments and
therefore separate test results must be submitted). Each group of twenty
specimens upon which these data are based must be cut for testing, half
in the machine direction and half in the cross machine direction. Where
the applicant manufactures the fabric or garments in more than one
plant, the data described in this paragraph must be submitted separately
for the fabric or garments of each plant for which the proposed
alternate laundering procedure is intended to be used. Subsequent
applications for use of the same procedure for additional fabrics and
garments may incorporate portions of the original application by
reference, as appropriate.
(2) Applications shall be certified by the chief executive officer
of the applicant or the official to whom the duty to certify has been
delegated in writing. The Commission's Assistant Executive Director for
Compliance must be notified in writing of any such delegation.
(c) Use of alternate laundering procedure. (1) The applicant may
begin to use the alternate laundering procedure
[[Page 659]]
30 days after the application is received by the Assistant Executive
Director for Compliance unless notified to the contrary. The Assistant
Executive Director for Compliance will normally furnish an applicant
with written notice of approval within 30 days. The applicant may be
notified that a longer time is needed for evaluation of the application,
and in the discretion of the Assistant Executive Director for
Compliance, may be authorized to use the alternate laundering procedure
pending the final decision.The notice of approval shall be kept by the
applicant with other written records required to be maintained in
connection with the use of an alternate laundering procedure. So the
applicants may ascertain that the application has been received and when
the 30-day period has elapsed, it is suggested that applications be sent
by certified mail, return receipt requested.
(2) As provided in detail in Sec. 1615.32(e), applicants must
immediately discontinue use of an alternate procedure, and must
immediately notify the Assistant Executive Director for Compliance if
there are test failures during revalidation testing.
(d) Revalidation testing. (1) In order to assure a continued
satisfactory correlation between the alternate laundering procedure and
the laundering procedure of the standard, applicants shall perform all
the testing described in paragraph (b)(1)(iii) of this section for
fabrics or garments from current production at least once for every
three-month period during which any of the fabric or garments are
produced.
(2) If following initial approval, four successive comparisons of
the alternate and the 50-cycle methods as described in paragraph (d)(1)
of this section, consistently show acceptable results under the criteria
specified by paragraph (f) of this section, the Commission will deem
such comparisons to be sufficient demonstration of the equivalence of
the alternate laundering procedure with the 50 launderings required in
the standard and further revalidation testing will not be required.
(3) Records of revalidation testing need not be submitted to the
Assistant Executive Director for Compliance. However such records must
be maintained in accordance with paragraph (h) of this section.
(e) Revalidation testing failures. (1) If revalidation testing for
any fabric or garment does not meet the criteria of Sec. 1615.32(f), the
applicant must immediately discontinue use of the alternate laundering
procedure for the fabric or garment and must immediately notify the
Assistant Executive Director for Compliance in writing of the failure to
meet the criteria. Also, the testing from the production unit from which
the non-correlating samples were taken and the testing from subsequent
production units (if any) must be repeated immediately using the
laundering procedure prescribed in the standard. These repeat tests
shall then be the tests applicable to such production unit(s) and the
tests previously performed on the production unit(s) shall be considered
invalid.
(2) When use of an alternate laundering procedure for a particular
fabric or garment has been discontinued because of a failure to meet the
criteria of Sec. 1615.32(f), the alternate laundering procedure shall
not be used again unless a new application for approval is submitted to
the Assistant Executive Director for Compliance and that officer
approves the application in writing. In addition to the other
information required for applications, the additional application should
give facts or reasons showing why the applicant believes the procedure
should be considered reliable with the fabric or garments involved, in
view of previous failure.
(f) Commission criteria for evaluating applications. (1) The
Assistant Executive Director for Compliance will approve the alternate
laundering procedure as equivalent to the laundering procedure specified
in Sec. 1615.4(g)(4)(ii) of the standard if testing from 20 specimens
laundered by the proposed alternate procedure yields as many or more
char lengths in excess of five inches as does testing from the twenty
specimens laundered by the 50-laundering cycle method prescribed in the
standard.
(2) If the alternate laundering procedure yields fewer char lengths
in excess of five inches than does the 50-wash
[[Page 660]]
and dry cycle, then the Assistant Executive Director for Compliance will
not consider the alternate procedure to be equivalent, with the
following exception: If the number of five-inch chars from the alternate
procedure is within one of the number of five-inch chars obtained from
the 50-cycle procedure, the applicant may repeat the original test with
new specimens and if the combined results of both tests show the count
of chars exceeding five inches from the alternate is equal to, or
greater than, the count from the 50-wash cycle procedure, the Assistant
Executive Director for Compliance will approve the alternate laundering
procedure.
(g) Commission testing for compliance. (1) For the purpose of
determining compliance with the standard, the Commission will rely on
testing employing the laundering procedure now prescribed in section
4(g)(4)(ii) of the standard.
(2) The Commission may verify equivalency of any procedure submitted
by independent testing and evaluation, by or on behalf of the
Commission.
(h) Recordkeeping. The applicant must maintain a record of all
applications filed with the Commission and of all equivalency tests for
as long as the procedures to which they relate are in use and for three
years thereafter.
[42 FR 55891, Oct. 20, 1977, as amended at 65 FR 12927, Mar. 10, 2000;
65 FR 19818, Apr. 12, 2000]
Sec. 1615.35 Use of alternate apparatus, procedures, or criteria for testing under the standard.
(a) The Standard for the Flammability of Children's Sleepwear: Sizes
0 through 6X (the Standard) requires every manufacturer, importer, and
other person (such as a converter) initially introducing items subject
to the Standard into commerce to group items into production units, and
to test samples from each production unit. See 16 CFR 1615.4 (b), (c)
and (d). The Standard prescribes an apparatus and procedure for
performing tests of fabric and garments subject to its provisions. See
16 CFR 1615.4 (a), (f), and (g). The Standard prescribes pass/fail
criteria at 16 CFR 1615.3(b).
(b)(1) By issuance of this Sec. 1615.35, the Commission gives its
approval to any person or firm desiring to use test apparatus or
procedures other than those prescribed by the Standard for purposes of
compliance with the Standard, if that person or firm has data or other
information to demonstrate that a test utilizing such alternate
apparatus or procedures is as stringent as, or more stringent than, a
test utilizing the apparatus and procedures specified in the Standard.
The Commission considers a test utilizing alternate apparatus or
procedures to be ``as stringent as, or more stringent than'' a test
utilizing the apparatus and procedures specified in the standard if,
when testing identical specimens, a test utilizing alternate apparatus
or procedures yields failing results as often as, or more often than, a
test utilizing the apparatus and procedures specified in the Standard.
(2) The data or information required by this paragraph (b) of this
section as a condition to the Commission's approval of the use of
alternate test apparatus or procedures must be in the possession of the
person or firm desiring to use such alternate apparatus or procedures
before the alternate apparatus or procedures may be used for purposes of
compliance with the Standard.
(3) The information required by this paragraph (b) of this section
must be retained by the person or firm using the alternate test
apparatus or procedure for as long as that apparatus or procedure is
used for purposes of compliance with the Standard, and for a period of
one year thereafter.
(c) Written application to the Commission is not required for
approval of alternate test apparatus or procedure, and the Commission
will not act on any individual written application for approval of
alternate test apparatus or procedure.
(d) Use of any alternate test apparatus or procedure without the
data or information required by paragraph (b), of this section, may
result in violation of the Standard and section 3 of the Flammable
Fabrics Act (15 U.S.C. 1192).
(e) The Commission will test fabrics and garments subject to the
Standard for compliance with the requirements of the Standard using the
apparatus
[[Page 661]]
and procedures set forth in the Standard. The Commission will consider
any failing results from compliance testing as evidence of a violation
of the Standard and section 3 of the Flammable Fabrics Act (15 U.S.C
1192).
(Reporting requirements contained in paragraph (d) were approved by the
Office of Management and Budget under control number 3041-0027)
[48 FR 21315, May 12, 1983]
Sec. 1615.36 Use of alternate apparatus or procedures for tests for guaranty purposes.
(a) Section 8(a) of the Flammable Fabrics Act (FFA, 15 U.S.C.
1197(a)) provides that no person shall be subject to criminal
prosecution under section 7 of the FFA (15 U.S.C. 1196) for a violation
of section 3 of the FFA (15 U.S.C. 1192) if that person establishes a
guaranty received in good faith which meets all requirements set forth
in section 8 of the FFA. One of those requirements is that the guaranty
must be based upon ``reasonable and representative tests'' in accordance
with the applicable standard.
(b) Section 1615.31(f) of the regulations implementing the Standard
for the Flammability of Children's Sleepwear: Sizes 0 through 6X (the
Standard) provides that for purposes of supporting guaranties issued in
accordance with section 8 of the FFA for items subject to the Standard,
``reasonable and representative tests'' are tests ``performed pursuant
to any sampling plan or authorized alternative sampling plan engaged in
pursuant to the requirements of the Standard.''
(c) At Sec. 1615.35, the Commission has set forth conditions under
which the Commission will approve the use of test apparatus or
procedures other than those prescribed in the Standard for purposes of
demonstrating compliance with the requirements of the Standard. Any
person or firm meeting the requirements of Sec. 1615.35 for use of
alternate test apparatus or procedure for compliance with the Standard
may also use such alternate test apparatus or procedures under the same
conditions for purposes of conducting ``reasonable and representative
tests'' to support guaranties of items subject to the Standard,
following any sampling plan prescribed by the Standard or any approved
alternate sampling plan.
(d) The Commission will test fabrics and garments subject to the
Standard for compliance with the Standard using the apparatus and
procedures set forth in the Standard. The Commission will consider any
failing results from compliance testing as evidence that the person or
firm using alternate test apparatus or procedures has furnished a false
guaranty in violation of section 8(b) of the FFA (15 U.S.C. 1197(b)).
[48 FR 21316, May 12, 1983]
Subpart C--Interpretations and Policies
Authority: Secs. 1-17, 67 Stat. 111-115, as amended, 81 Stat. 568-
74; 15 U.S.C. 1191-1204.
Sec. 1615.61 [Reserved]
Sec. 1615.62 Policy and interpretation relative to items in inventory or as to recordkeeping requirements.
(a) The Standard for the Flammability of Children's Sleepwear: Sizes
0 through 6X (FF 3-71) (subpart A of this part) was published in the
Federal Register on July 29, 1971, at 36 FR 14062 et seq., and amended
in the Federal Register of July 21, 1972 (37 FR 14624). The Notice of
Standard provided at 36 FR 14063 that ``Items in inventory or with the
trade on the effective date of the Standard are exempt. All concerned
parties shall be required to maintain records that these items offered
for sale after the effective date of the Standard are eligible for the
exemption.''
(b) The Children's Sleepwear Standard was amended on July 21, 1972,
at 37 FR 14624 et seq. to incorporate a sleepwear sampling plan therein
and to make certain nonsubstantive technical corrections as to the test
equipment. The effective date remained the same. In issuance of such
amendment the Notice of Amendment specified at 37 FR 14625 that ``It is
emphasized that the only substantive change made to the standard
involves the amendment necessary to include the sampling plan.''
(c) The Notice of Amendment did not repeat the language in the
original 1971 Notice of Standard relative to items in
[[Page 662]]
inventory or as to recordkeeping requirements.
(d) Questions have arisen under this standard as to the application
of the standard to goods manufactured outside the United States prior to
the effective date of the standard on July 29, 1972, as to whether a
person claiming the exemption specified in the standard must maintain
records showing eligibility for exemption from the standard.
(e) In the Commission's view, the provisions of the July 29, 1971,
Notice of Standard as to exemption of items of children's sleepwear in
inventory or with the trade on the effective date of the standard and as
to the necessity of maintenance of records to show eligibility for such
exemption are in full force and effect.
Note: This policy was published by the Federal Trade Commission on
January 31, 1973 (38 FR 3014). It continues in effect.
Sec. 1615.63 Policy regarding garment production unit identification.
No provision of Sec. 1615.31(b)(8) prohibits placement of a garment
production unit identification on a label containing other information.
Provided, however, that when the garment production unit identification
appears on a label containing other information, provisions of
Sec. 1615.31(b)(7) require that the garment production unit
identification must be set forth separately from any other information
appearing on the same label, and that information not required by the
applicable enforcement regulation Sec. 1615.31, but placed on the same
label with the garment production unit identification, shall not
interfere with the garment production unit identification.
Sec. 1615.64 Policy to clarify scope of the standard.
(a) The Standard for Flammability of Children's Sleepwear: Size 0
Through 6X (16 CFR part 1615) is applicable to any item of children's
sleepwear in sizes 0 through 6X.
(1) The term item is defined in the Standard at Sec. 1615.1(d) to
mean ``any product of children's sleepwear, or any fabric or related
material intended or promoted for use in children's sleepwear.''
(2) The term children's sleepwear is defined in the Standard at
Sec. 1615.1(a) to mean ``any product of wearing apparel up to and
including size 6X, such as nightgowns, pajamas, or similar or related
items, such as robes, intended to be worn primarily for sleeping or
activities relating to sleeping. Diapers and underwear are excluded from
the definition.''
(b) The Commission makes the following statement of policy regarding
(1) the phrase ``intended or promoted'' as used in the definition of
``item'' in Sec. 1615.1(d), and (2) the phrase ``intended to be worn
primarily for sleeping or activities related to sleeping'' as used in
the definition of ``children's sleepwear'' in Sec. 1615.1(a).
(c) For enforcement purposes, the meaning of these phrases will be
interpreted by the Commission in accordance with the following
principles:
(1) Sleepwear fabrics and related materials. Whether fabric or
related material is ``intended or promoted'' for use in children's
sleepwear depends on the facts and circumstances in each case. Relevant
factors include:
(i) The nature of the fabric and its suitability for use in
children's sleepwear;
(ii) The extent to which the fabric or a comparable fabric has been
sold to manufacturers of children's sleepwear for use in the manufacture
of children's sleepwear garments; and
(iii) The likelihood that the fabric will be used primarily for
children's sleepwear in a substantial number of cases.
(2) Sleepwear garments. Whether a product of wearing apparel is
``intended to be worn primarily for sleeping or activities related to
sleeping'' depends on the facts and circumstances present in each case.
Relevant factors include:
(i) The nature of the product and its suitability for use by
children for sleeping or activities related to sleeping;
(ii) The manner in which the product is distributed and promoted;
and
(iii) The likelihood that the product will be used by children
primarily for sleeping or activities related to sleeping in a
substantial number of cases.
(3) The factors set forth in this policy statement are guidelines
only, and are
[[Page 663]]
not elements of the definition of the term ``children's sleepwear'' in
Sec. 1615.1(a) of the Standard. For this reason, a particular fabric or
garment may meet the definition of ``children's sleepwear'' set forth in
the Standard, even though all factors listed in this policy statement
are not present.
(d) Retailers, distributors, and wholesalers, as well as
manufacturers, importers, and other persons (such as converters)
introducing a fabric or garment into commerce which does not meet the
requirements of the flammability standards for children's sleepwear,
have an obligation not to promote or sell such fabric or garment for use
as an item of children's sleepwear. Also, retailers, distributors, and
wholesalers are advised not to advertise, promote, or sell as an item of
children's sleepwear any item which a manufacturer, importer, or other
person (such as a converter) introducing the item into commerce has
indicated by label, invoice, or, otherwise, does not meet the
requirements of the children's sleepwear flammability standards and is
not intended or suitable for use as sleepwear. ``Infant garments'' as
defined by Sec. 1615.1(c) and ``tight-fitting'' garments as defined by
Sec. 1615.1(o) are exempt from the standard which requires flame
resistance. They may be marketed as sleepwear for purposes of this
section. Additionally, retailers are advised:
(1) To segregate, by placement in different parts of a department or
store, fabrics and garments covered by the children's sleepwear
standards from all fabrics and garments that are beyond the scope of the
children's sleepwear standards but which resemble items of children's
sleepwear;
(2) To utilize store display signs indicating the distinction
between types of fabrics and garments, for example by indicating which
are sleepwear items and which are not; and
(3) To avoid the advertisement or promotion of a fabric or garment
that does not comply with the children's sleepwear flammability standard
in a manner that may cause the item to be viewed by the consumer as an
item of children's sleepwear.
(Sec. 5, Pub.L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; sec. 30(b), Pub.L.
92-573, 86 Stat. 1231, 15 U.S.C. 2079(b); 5 U.S.C. 553)
[49 FR 10250, Mar. 20, 1984, as amended at 64 FR 2832, Jan. 19, 1999; 64
FR 34533, June 28, 1999]