[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 PRACTICES22002-01-012002-01-01false1632.31Sec. 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 
definitions apply:
    (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).

[[Page 731]]

    (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 
``T''.
    (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 
Sec. 1632.31(b).
    (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 
Standard.
    (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

[[Page 732]]

the test results and that the test was carried out in accordance with 
Sec. 1632.7.
    (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 
testing.
    (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 
such items.
    (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.

[[Page 733]]