[Title 16 CFR 1632.31]
[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 1632 - STANDARD FOR THE FLAMMABILITY OF MATTRESSES AND MATTRESS PADS (FF 4-72, AMENDED)]
[Subpart B - Rules and Regulations]
[Sec. 1632.31 - Mattresses/mattress pads--labeling, recordkeeping, guaranties and ``one of a kind'' exemption.]
[From the U.S. Government Printing Office]
16COMMERCIAL PRACTICES22002-01-012002-01-01falseMattresses/mattress pads--labeling, recordkeeping, guaranties and ``one of a kind'' exemption.1632.31Sec. 1632.31COMMERCIAL PRACTICESCONSUMER PRODUCT SAFETY COMMISSIONFLAMMABLE FABRICS ACT REGULATIONSSTANDARD FOR THE FLAMMABILITY OF MATTRESSES AND MATTRESS PADS (FF 4-72, AMENDED)Rules and Regulations
Sec. 1632.31 Mattresses/mattress pads--labeling, recordkeeping, guaranties and ``one of a kind'' exemption.
(a) Definitions. For the purposes of this section, the following
(1) Standard for the Flammability of Mattresses or Standard means
the Standard for the Flammability of Mattresses and Mattress Pads (FF 4-
72, amended), (16 CFR part 1632, subpart A).
(2) The definition of terms set forth in the Sec. 1632.1 of the
Standard shall also apply to this section.
(b) Labeling. (1) All mattress pads which contain a chemical fire
retardant shall be labeled with precautionary instructions to protect
the pads from agents or treatments which are known to cause
deterioration of their flame resistance. Such labels shall be permanent,
prominent, conspicuous, and legible.
(2) If a mattress pad contains a chemical fire retardant, it shall
be prominently, conspicuously, and legibly labeled with the letter
(3) Each mattress or mattress pad subject to the Standard shall bear
a permanent, accessible, and legible label containing the month and year
of manufacture and the location of the manufacturer. (See Sec. 1632.1(i)
of the Amended Standard.)
(4) The information required on labels by this section shall be set
forth separately from any other information appearing on such label.
Other information, representations, or disclosures, appearing on labels
required by this section or elsewhere on the item, shall not interfere
with, minimize, detract from, or conflict with the required information.
(5) 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.
(6) Products intended for one time use (see Sec. 1632.5(b)(1)(i))
are not subject to the requirements of paragraphs (1) and (2) of this
(c) Records--manufacturers, importers, or persons initially
introducing items into commerce. Every manufacturer, importer, or other
person initially introducing into commerce mattresses or mattress pads
subject to the standard, irrespective of whether guarantees are issued
relative thereto, shall maintain the records hereinafter specified.
(1) Manufacturing specifications and description of each mattress or
mattress pad prototype with an assigned prototype identification number.
(2) Test results and details of each prototype test performed in
accordance with Sec. 1632.4 or Sec. 1632.5, including prototype
identification number, ticking classification if known, test room
condition, cigarette locations, number of relights for each location,
whether each cigarette location passed or failed, name and signature of
person conducting the test and date of test. These records shall include
a certification by the person overseeing the testing as to the test
results and that the test was carried out in accordance with the
(3) Photograph (color or black and white) of the bare surface of
each mattress or mattress pad tested, in accordance with Sec. 1632.4 or
Sec. 1632.5, with the prototype identification number of the mattress or
mattress pad and a clear designation as to which part of the mattress or
mattress pad was sheeted and which part was tested bare.
(4) Records to support any determination that a particular material,
other than the ticking or tape edge material used in a mattress or
mattress pad prototype, did not influence the ignition resistance of the
prototype and could be substituted by another material. Such record
should include photographs or physical specimens.
(5) Manufacturing specifications and description of any new ticking
or tape edge material substituted in accordance with Sec. 1632.6 or
Sec. 1632.7, with the identification number of the prototype involved.
(6) The test results and details of any ticking classification test
conducted in accordance with Sec. 1632.6, including the ticking
classification (A, B, or C), the test room condition, the number of
relights, whether each cigarette location passed or failed, the name and
signature of the person conducting the test and the date of the test, or
a certification from the ticking supplier. The certification should
state the ticking classification and that the ticking was tested in
accordance with Sec. 1632.6.
(7) The test results and details of any test of tape edge materials
conducted in accordance with Sec. 1632.7, including prototype
identification number, test room condition, number of relights, whether
each cigarette passed or failed, name and signature of person conducting
the test and date of test. The record shall include a certification by
the person overseeing the testing as to
the test results and that the test was carried out in accordance with
(8) Photograph (color or black and white) of the bare surface of
each mattress or mattress pad tested in accordance with Sec. 1632.7,
with the prototype identification number of the mattress or mattress pad
and a clear designation as to which part of the mattress or mattress pad
was sheeted and which part was tested bare.
(9) Details of any approved alternate laundering procedure used in
laundering mattress pads required by the Standard to be laundered during
(10) Identification, composition, and details of the application of
any flame retardant treatments employed relative to mattress pads or
mattress pad components.
(11) Disposition of all failing or rejected prototype mattress or
mattress pads. Such records must demonstrate that the items were
retested and reworked in accordance with the Standard prior to sale or
distribution and that such retested or reworked mattresses or mattress
pads comply with the Standard, or must otherwise show the disposition of
(12) The records required by this paragraph shall be maintained for
as long as the prototype is in production, the ticking is being used on
the mattresses or mattress pad prototype, and/or the tape edge material
is being used on the mattress or mattress pad prototype, and shall be
retained for 3 years thereafter.
(d) Tests for guaranty purposes. Reasonable and representative tests
for the purpose of issuing a guaranty under section 8 of the Act for
mattress or mattress pads subject to the Standard shall be those
prototype and substitution tests performed, pursuant to the requirements
of the Standard.
(e) Compliance with this section. No person subject to the Flammable
Fabrics Act shall manufacture for sale, import, distribute, or otherwise
market or handle any mattress or mattress pad which is not in compliance
with Sec. 1632.31.
(f) ``One of a kind'' exemption for physician prescribed mattresses
and mattress pads. (1) A mattress or mattress pad manufactured in
accordance with a physician's written prescription or manufactured in
accordance with other comparable written medical therapeutic
specification, to be used in connection with the treatment or management
of a named individual's physical illiness or injury, shall be considered
a ``one of a kind mattress'' and shall be exempt from testing under the
Standard pursuant to Sec. 1632.2(b)(4) thereof: Provided, that the
mattress bears a permanent, conspicuous and legible label which states:
WARNING: This mattress or mattress pad may be subject to ignition
and hazardous smoldering from cigarettes. It was manufactured in
accordance with a physician's prescription and has not been tested under
the Federal Standard for the Flammability of Mattresses (FF 4-72).
Such labeling must be attached to the mattress or mattress pad so as to
remain on or affixed thereto for the useful life of the mattress or
mattress pad. The label must be at least 40 square inches (250 sq. cm)
with no linear dimension less than 5 inches (12.5 cm). The letters in
the word ``WARNING'' shall be no less than 0.5 inch (1.27 cm) in height
and all letters on the label shall be in a color which contrasts with
the background of the label. The warning statement which appears on the
label must also be conspicuously displayed on the invoice or other sales
papers that accompany the mattress in commerce from the manufacturer to
the final point of sale to a consumer.
(2) The manfacturer of a mattress or mattress pad exempted from
testing under this paragraph shall, in lieu of the records required to
be kept by paragraph (c) of this section, retain a copy of the written
prescription or other comparable written medical therapeutic
specification for such mattress or mattress pad during a period of three
years, measured from the date of manufacture.
(3) For purposes of this regulation the term physician shall mean a
physician, chiropractor or osteopath licensed or otherwise permitted to
practice by any State of the United States.