[Title 16 CFR 1610]
[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 1610 - STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES]
[From the U.S. Government Printing Office]
16COMMERCIAL PRACTICES22002-01-012002-01-01falseSTANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES1610PART 1610COMMERCIAL PRACTICESCONSUMER PRODUCT SAFETY COMMISSIONFLAMMABLE FABRICS ACT REGULATIONS
PART 1610--STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES--Table of Contents
Subpart A--The Standard
Sec.
1610.1 Purpose.
1610.2 Scope.
1610.3 Requirements.
1610.4 Methods of test.
1610.5 Notes.
Subpart B--Rules and Regulations
1610.31 Terms defined.
1610.32 General requirements.
1610.33 Test procedures for textile fabrics and film.
1610.34 Only uncovered or exposed parts of wearing apparel to be tested.
1610.35 Procedures for testing special types of textile fabrics under
the standard.
1610.36 Applications of act to particular types of products.
1610.37 Reasonable and representative tests to support guaranties.
1610.38 Maintenance of records by those furnishing guaranties.
1610.39 Shipments under 11(c) of the act.
1610.40 Use of alternate apparatus, procedures, or criteria for tests
for guaranty purposes.
Subpart C--Interpretations and Policies
1610.61 Clarification of flammability standard for clothing textiles (CS
191-53).
1610.62 Reasonable and representative testing to assure compliance with
the standard for the clothing textiles.
Source: 40 FR 59891, Dec. 30, 1975, unless otherwise noted.
Codification Note: Part 1610 is a codification of the previously
unpublished standard for flammability of clothing textiles, Commercial
Standard 191-53, issued by the Department of Commerce, effective on
January 30, 1953. This flammability standard became mandatory through
section 4(a) of the Flammable Fabrics Act, as amended in 1954, and
remains in effect due to the savings clause (section 11) of Pub. L. 90-
189. 16 CFR part 1609
[[Page 602]]
contains the text of the Flammable Fabrics Act of 1953, as amended in
1954.
Authority: 16 U.S.C. 1191-1204, unless otherwise noted.
Subpart A--The Standard
Authority: Sec. 5, Pub. L. 83-88, 67 Stat. 112, as amended, 68 Stat.
770 (15 U.S.C. 1193); sec. 11, Pub. L. 90-189, 81 Stat. 568.
Note: All fabrics of natural or regenerated cellulose, as well as
certain types of finished and unfinished fabrics made from other natural
or synthetic fibers, are combustible. Some combustible fabrics, when
used for clothing, are potentially dangerous to the wearer because of
the speed and intensity of flame with which those fabrics burn and their
ease of ignition, and because of the design of the garment. Two of these
factors, the ease of ignition and the speed of flame spread, can be
measured with the instrument described herein.
It is suggested that measurement of these two factors, together with
visual observation of flame intensity, will permit the separation of
various fabrics into three classes of flammability, thus assisting in a
judgment of fabric suitability for clothing.
Sec. 1610.1 Purpose.
The purpose of this standard is to reduce danger of injury and loss
of life by providing, on a national basis, standard methods of testing
and rating the flammability of textiles and textile products for
clothing use, thereby discouraging the use of any dangerously flammable
clothing textiles.
Sec. 1610.2 Scope.
(a) The standard provides methods of testing the flammability of
clothing and textiles intended to be used for clothing, \1\,a,b
establishes three classes of flammability, sets forth the requirements
which textiles shall meet to be so classified, and warns against the use
of those textiles which have burning characteristics unsuitable for
clothing.
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\1\ Hereinafter, ``clothing and textiles intended to be used for
clothing'' shall be referred to as ``textiles.''
\a\ All the numbered footnotes are from the original printing by the
Department of Commerce. All the lettered footnotes are new.
\b\ Refer to sections 2 and 4 of the Flammable Fabrics Act of 1953,
as amended in 1954, set out at 16 CFR part 1609, for the scope of the
Standard.
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(b) Specific exceptions-- This standard shall not apply to:
(1) Hats, gloves, and footwear. \c\
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\c\ Refer to sections 2(d) and 4 of the Flammable Fabrics Act of
1953, as amended in 1954, set out at 16 CFR part 1609 for exceptions to
this exception.
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(2) Interlining fabrics. \2\
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\2\ Interlining fabrics are not considered dangerously flammable
when used as interlinings. When used for other purposes they should be
tested and rated the same as any other fabrics.
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Sec. 1610.3 Requirements.
(a)(1) Normal flammability, Class 1. This class shall include
textiles which meet the minimum requirements set forth in paragraph
(a)(1)(i) or paragraph (a)(1)(ii) of this section. Textiles meeting
these requirements are generally accepted by the trade as having no
unusual burning characteristics.
(i) Textile without nap, pile, tufting, flock, or other type of
raised-fiber surface. Such textiles in their original state and/or after
being dry-cleaned and washed as described in Sec. Sec. 1610.4(d) and
1610.4(e), when tested as described in Sec. 1610.4 shall be classified
as Class 1, normal flammability, when the time of flame spread is 4
seconds \d\ or more.
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\d\ On August 23, 1954, the Flammable Fabrics Act was amended,
changing the test for the time of flame spread for plain-surfaced
fabrics, provided in paragraphs 3.1.1.1 (now Sec. 1610.3(a)(1)(i)) and
3.1.3.1 (now Sec. 1610.3(a)(3)(i)), by reducing the burning time from 4
to 3\1/2\ seconds. For the purpose of the administration of that act,
therefore, the 3\1/2\ second burning time for plain-surface fabrics is
applicable.
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(ii) Napped, pile, tufted, flocked, or other textiles having a
raised-fiber surface. Such textiles in their original state and/or after
being dry-cleaned and washed as described in Sec. Sec. 1610.4(d) and
1610.4(e), when tested as described in Sec. 1610.4, shall be classified
as Class 1, normal flammability, when the time of flame spread is more
than 7 seconds, or when they burn with a rapid surface flash (from 0 to
7 seconds), provided the intensity of the flame is so low as not to
ignite or fuse the base fabric.
(2) Intermediate flammability, Class 2. This class shall include
textiles which meet the minimum requirements set
[[Page 603]]
forth in paragraph (a)(2)(i) of this section. Textiles meeting these
requirements are recognized by the trade as having flammability
characteristics between normal and rapid and intense burning.
(i) Napped, pile, tufted, flocked, or other textiles having a
raised-fiber surface. Such textiles in their original state and/or after
being dry-cleaned and washed as described in Sec. Sec. 1610.4(d) and
1610.4(e), when tested as described in Sec. 1610.4, shall be classified
as Class 2, intermediate flammability, when the time of flame spread is
from 4 to 7 seconds, both inclusive, and the base fabric ignites or
fuses.
(3) Rapid and intense burning, Class 3. This class shall include
textiles which have burning characteristics as described in paragraphs
(a)(3)(i) and (a)(3)(ii) of this section. Such textiles are considered
dangerously flammable and recognized by the trade as being unsuitable
for clothing because of their rapid and intense burning.
(i) Textiles free from nap, pile, tufting, flock, or other type of
raised-fiber surface. Such textiles in their original state and/or after
being dry-cleaned and washed as described in Sec. Sec. 1610.4(d) and
1610.4(e), when tested as described in Sec. 1610.4, shall be classified
as Class 3, rapid and intense burning, when the time of flame spread is
less than 4 seconds. \e\
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\e\ See footnote d.
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(ii) Napped, pile, tufted, flocked, or other textiles having a
raised-fiber surface. Such textiles in their original state and/or after
being dry-cleaned and washed as described in Sec. Sec. 1610.4(d) and
1610.4(e) when tested as described in Sec. 1610.4 shall be classified as
Class 3, rapid and intense burning, when the time of flame spread is
less than 4 seconds and when the intensity of flame is such as to ignite
or fuse the base fabric.
Sec. 1610.4 Methods of test.
(a)(1) Number and size of specimens required. Five specimens, each
measuring 2 by 6 inches, are required for each test.
(2) For textiles without a raised-fiber surface the long dimension
shall be that in which they burn most rapidly, and the more rapidly
burning surface shall be tested. To establish the long dimension and the
surface, preliminary tests are made as described in paragraph (g) of
this section, with specimens cut in different directions.
(3) For textiles having a raised-fiber surface, the direction of the
lay of the surface fibers shall be parallel with the long dimension of
the specimens. For this type of textiles with varying depths of pile,
tufting, etc., the specimens are taken from that part and tested on that
surface which has the fastest rate of burning.
(4) If the specimens in the preliminary test, when tested as
described in paragraph (g) of this section, do not ignite or are very
slow burning, or should have a fire-retarding finish, a swatch large
enough to provide the specimens required for the test, with allowance
for shrinkage in dry cleaning and washing, is subjected to the dry
cleaning and washing procedures described in paragraphs (d) and (e) of
this section. The specimens for the flammability test are then taken
from it.
(5) The specimens required for testing, each 2 by 6 inches, are
marked out on the back (or under side) of each sample with the long
dimension in the direction in which burning is most rapid, as
established in the preliminary trials. The end of the specimen toward
which and on the face of which burning is most rapid is identified by
attaching a staple to it. The specimens are then cut out.
[GRAPHIC] [TIFF OMITTED] TC03OC91.075
(b) Flammability tester. The flammability tester consists of a
draft-proof ventilated chamber enclosing a standardized ignition medium,
sample rack, and automatic timing device.
(1) Draft-proof chamber with vented top (A, fig. 2). This metal
chamber prevents air circulation around the specimen rack and flame, but
permits free ventilation for rapid oxidation. The chamber is 14\1/2\
inches wide, 8\1/2\ inches deep,
[[Page 604]]
and 14 inches high. There are 12 half-inch holes equidistant along the
rear of the top closure. A ventilating strip is provided at the base of
the sliding glass door in the front of the apparatus.
(2) Specimen rack (B, fig. 2). The specimen rack provides supports
for the frames in which the specimens are mounted. The angle of
inclination is 45 deg.. Two guide pins projecting downward from the
center of the base of the rack travel in slots provided in the floor of
the chamber so that adjustment can be made for the thickness of the
specimen in relation to the flame front. A stop is provided in the base
of the chamber to assist in adjusting the position of the rack.
(3) Specimen holder (C, fig. 2). The specimen holder consists of two
\1/16\ inch matched metal plates with clamps mounted along the sides,
between which the specimen is fixed. The plates are slotted and loosely
pinned for alignment. The two plates of the holder cover all but 1\1/2\
inches of the width of the specimen for its full length. The specimen
holder is supported in the draft-proof chamber on the rack at an angle
of 45 deg.. Five specimen holders are provided.
(4) Indicating finger (D, fig. 2). The forepart of this finger
touches the specimen when the rack is adjusted. By means of this finger
the thickness of the specimen is compensated for in the throw of the gas
nozzle.
[[Page 605]]
[GRAPHIC] [TIFF OMITTED] TC03OC91.076
(5) Control knobs (not shown). There are two of these knobs which
hold the rack in test position. The knobs can be reached under the stage
of the cabinet and permit forward and backward movements of the rack
when loosened.
(6) Ignition medium (E, fig. 2). The ignition medium consists of a
spring-motor-driven gas jet formed around a 26-gage hypodermic needle. A
trigger located in the front of the apparatus serves to wind the spring-
motor when the machine is placed in operation. The gas jet is protected
by a copper shield.
(7) Stop cord (F, fig. 2). This cord, stretched from the spool (P,
fig. 2) through suitable thread guides provided on the specimen frame
and chamber walls, permits the lacing of the cord in the proper position
exactly 5 inches from the point where the center of the ignition flame
impinges on the
[[Page 606]]
test specimen. The stop cord consists of a No. 50 mercerized sewing
thread and measures the rise and spread of the flame from the test
specimen.
(8) Pulley or eye (G5, fig. 2). The pulley or eye is the
support and guide for the stop cord. \g\
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g Other guides are specifically identified as the skyhook
(G\1\), the L-shaped guides (G2, G3) and a pigtail
guide (G6).See Sec. 1610.61(c)(1) for a clarification of the
stop cord position.
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(9) Stop weight (H, fig. 2). The weight, attached by means of a clip
to the stop cord, in dropping actuates the stop motion.
(10) Slide door control (I, fig. 2). This knob moves the catch
mechanism used to hold the sliding door in an open position for
insertion of test specimen racks.
(11) Slide door (J, fig. 2). A glass door in its normal position
slides in the grooves at the front of the cabinet.
(12) Fuel-control valve (K, fig. 2). This valve consists of a
sensitive control device for regulating the fuel supply at the tank. The
valve ends in a \1/2\-inch male connection for attachment to the
standard butane tank of 2 pounds capacity.
(13) Flow meter (L, fig. 2). A flow meter is used to bring the fuel
supply to test level by means of the control valve. The flow meter
consists of a U-shaped glass tube cut into the gas line in a manner to
register the gas pressure delivered to the microburner. Attached to the
case wall behind the flow meter is a movable metal plate with two
parallel horizontal lines properly spaced for the desired flame length.
When the pressure is off, the plate is so regulated that the liquid
level in both sides of the U-shaped tube meets the lower line. When the
test is made the pressure is so adjusted that the higher liquid level in
the U-shaped tube meets the upper line.
(14) Butane, c.p., container \4\ (M, fig. 2). This fuel supply is a
No. 4 cylinder of c.p. butane.
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\4\ Butane, c.p. No. 4 cylinders containing 2 pounds of butane may
be obtained from, among others, the Matheson Co., Inc., East Rutherford,
N.J.
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(15) Stopwatch and timing mechanism (N, fig. 2). This watch, by
means of special attachments, is actuated to a start by connection with
the gas jet (E, fig. 2). A driving mechanism on rear of cabinet (S, fig.
2) moves the gas jet to its most forward position and automatically
starts the timing at the moment of flame impact. The falling weight (H,
fig. 2), when caused to move by severance of cord (F, fig. 2), stops the
watch. Timing is read directly.
(16) Starting lever (O, fig. 2). This lever is operated from left to
right in one stroke and is released to operate the gas jet.
(17) Cord supply (P, fig. 2). This supply, consisting of a spool of
No. 50 mercerized cotton sewing thread, is fastened to the side of the
chamber and can be withdrawn by releasing the thumbscrew holding same in
position.
(18) Cord loop (G4, fig. 2). At a point behind the stop
cord (F, fig. 2), on the rear panel, there is installed another loop to
draw the cord away from directly over the flame.
(19) Draft ventilator strip (Q, fig. 2). A draft ventilator strip is
placed across the front opening, sealing the space between the sliding
door when in lowered position and the base on which the grid rack is
attached.
(c) Brushing device.\h\ (1) This device consists of a baseboard over
which a smaller carriage is drawn. This carriage runs on parallel tracks
attached to the edges of the upper surface of the baseboard. The brush
is hinged with pin hinges at the rear edge of the baseboard and rests on
the carriage vertically with a pressure of 150 grams.
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\h\ See Sec. 1610.61(c)(2) for a clarification of the brushing
technique for fabric with raised-fiber surfaces.
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[[Page 607]]
[GRAPHIC] [TIFF OMITTED] TC03OC91.077
Figure 3--Brushing device. i
(2) The brush consists of two rows of stiff nylon bristles mounted
with the tufts in a staggered position. The bristles are 0.016 inch in
diameter and 0.75 inch in length. There are 20 bristles per tuft and 4
tufts per inch. A clamp is attached to the forward edge of the movable
carriage to permit holding the specimen on the carriage during the
brushing operation.
(3) After the specimen has been put in place on the carriage and
fastened by means of the clamp, the brush is raised, the carriage pushed
to the rear, and the brush lowered to the face of the specimen. The
carriage is then drawn forward by hand at a uniform rate.
(d) Dry cleaning. A swatch from each sample, as mentioned in
paragraph (a)(4) of this section, shall be subjected to the following
dry-cleaning procedure.
(1) Apparatus. The apparatus is a cylinder, preferably of metal,
approximately 13 inches high and about 8\3/4\ inches in diameter
(capacity 3 gallons). The cylinder is mounted in a vertical position on
an axis which is inclined 50 deg. to the axis of the cylinder, and is
rotated about this axis at a speed of 45 to 50 revolutions per minute.
i
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\i\ See footnote h; this picture is a reproduction of the figure
published in the original standard, and does not truly represent the
Commission's interpretation of the proper position of the specimen
during the brushing procedure (Sec. 1610.01(c)(2)). Specifically, the
specimen in the picture appears to be below the level of the upper half
of the specimen holder while the clarification requires the specimen to
be placed above this level. Also Sec. 1610.61(c)(1) allows for the use
of L-shaped guides.
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(2) Cleaning procedure. The apparatus is filled approximately one-
third with perchlorethylene to which is added 270 ml of dry-cleaning
soap. \6\ The swatches and sufficient suitable worsted cloth, \7\ in
pieces of approximately 12 by 12 inches, to make a total dry load of 1
pound are placed in the apparatus. It is operated for 25 minutes. The
solution is poured out, the apparatus refilled to approximately one-
third with fresh perchlorethylene without soap, and the apparatus is
operated for an additional
[[Page 608]]
5 minutes. This last operation is repeated three times. The swatches are
then removed and the excess solvent removed from the swatches by any
convenient means, such as rolling them between two layers of turkish
toweling or between two layers of absorbent paper. They are then
permitted to dry at room temperature.
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\6\ The soap shall be made by dissolving 56 grams of caustic potash
(KOH) in 100 ml of water. The potassium hydroxide solution shall be
poured slowly, with constant stirring, into a mixture of 340 grams of
oleic acid, 400 ml of Stoddard solvent (Commercial Standard CS3-40
grade), and 100 ml of tertiary butyl alcohol or an equal quantity of
butyl cellosolve.
\7\ A suitable worsted test fabric known as Moth Test cloth may be
obtained from Test-fabrics, Inc., 55 Van Dam St., New York 13, N.Y.
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(e) Washing procedure. The swatches, after being subjected to the
dry-cleaning procedure (paragraph (d) of this section), shall then be
immersed and worked gently for 5 minutes in a bath of soft water in
which 0.5-percent neutral chip soap has been dissolved. The volume of
the bath shall be 30 times the weight of the swatches and the
temperature shall be between 95 deg. and 100 deg.F. The swatches shall
then be rinsed twice in water at 80 deg.F., extracted, and dried. The
individual specimens, each 2 by 6 inches, are then cut out as described
in paragraph (a)(5) of this section and tested as described in
paragraphs (f) and (g) of this section.
(f) Brushing and drying specimens. Each specimen having a raised-
fiber surface, in its original condition or after dry cleaning and
washing, is placed on the brushing device carriage (paragraph (c) of
this section) and drawn under the brush once against the lay of the
raised-fiber surface (see fig. 4). Other specimens do not require
brushing. All specimens are clamped individually in the specimen holders
of the flammability tester (paragraph (b)(3) of this section), with the
staple on top and the stapled end at the closed end of the holder. They
are then dried in a horizontal position in an oven for 30 minutes at 221
deg.F (105 deg.C), removed from the oven, and placed over anhydrous
calcium chloride in a desiccator until cool, but for not less than 15
minutes.
[GRAPHIC] [TIFF OMITTED] TC03OC91.078
Figure 4--Lay of nap
(g) Procedure for testing flammability. (1) Adjust the position of
the rack of the flammability tester (paragraph (b)(2) of this section)
with a holder and trial specimen (not a prepared specimen) in position,
so that the tip of the indicator finger touches the face of the
specimen.
(2) Open the control valve in the fuel supply. Allow approximately 5
minutes for the air to be drawn from the fuel line, ignite the gas and
adjust the flame to a length of \5/8\ inch, measured from its tip to the
opening in the gas nozzle.
(3) Remove the mounted specimen from the desiccator and place it in
a position on the rack in the chamber of the apparatus.
(4) See that the stop cord (No. 50 cotton sewing thread) is strung
through the guides in the upper plate of the specimen holder across the
top of the specimen, and through the guides at the rear of the chamber
over the guide ring, and that the weight is hooked in place close to and
just below the guide ring. Set the stop watch at zero. Close the door of
the apparatus. Conduct the test in a draft-free room with the apparatus
at room temperature.
(5) Bring the starting lever over to the extreme right and release
it. This starts the timing mechanism and applies the flame to the
specimen for a period of 1 second. This should be done within 45 seconds
of the time the specimen was removed from the desiccator. Timing is
automatic, starting upon application of the flame and ending when the
weight is released by the burning of the stop cord.
[[Page 609]]
(6) Record the time of flame spread (reading of stop watch) of each
specimen and note whether the base of each specimen having a raised-
fiber surface is ignited or fused to a point where the damage is
apparent from the bottom of the specimen.
(7) Results--(i) Time of flame spread. The time of flame spread of
the textile is taken as an average time for 5 specimens. Results of
tests of specimens before and after dry cleaning and washing shall be
recorded and reported separately. If the time of flame spread is less
than 4 seconds \8\ or if the specimens do not burn, test 5 additional
specimens. The time of flame spread is then taken to be the average time
for the 10 specimens or for as many of them as burn.
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\8\ In the Flammable Fabrics Act, Congress adopted CS 191-53 as the
Commercial Standard to be applied under the law.
On August 23, 1954, the Flammable Fabrics Act was amended, changing
the test for the time of flame spread for plain-surfaced fabrics,
provided in paragraphs 3.1.1.1 and 3.1.3.1 [codified as
Sec. Sec. 1610.3(a)(1)(i) and 1610.3(a)(3)(i)], by reducing the burning
time from 4 to 3\1/2\ seconds.
For the purposes of the administration of that act, therefore, the
3\1/2\-second burning time for plain-surfaced fabrics is applicable.
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(ii) Base fabric ignition or fusing. Base fabric ignition or fusing
of textiles having raised-fiber surfaces shall be reported when the base
fabric of more than 1 of the 5 (or 2 of the 10) specimens tested ignites
or fuses. \j\
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\j\ See Sec. 1610.61(c)(3) for a clarification of the criterion for
classification of Class 3.
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(8) Reporting results. The reported result shall be the flammability
before or after dry cleaning and washing, whichever is the lower; and,
based on this result, the textile shall be placed in the proper
classification as given in Sec. 1610.3.
[40 FR 59891, Dec. 30, 1975, as amended at 59 FR 33194, June 28, 1994]
Sec. 1610.5 Notes.
The methods of test and classifications outlined herein agree with
all essential requirements of the Standard Test Method for Flammability
of Clothing Textiles, of the American Association of Textile Chemists
and Colorists.
Subpart B--Rules and Regulations
Authority: Sec. 5, 15 U.S.C. 1194.
Note: An interpretation, with respect to Ornamental Veils or
Veilings, issued by the Federal Trade Commission at 32 FR 11850, Aug.
17, 1967, provides as follows:
Ornamental millinery veils or veilings when used as a part of, in
conjunction with, or as a hat, are not to be considered such a
``covering for the neck, face, or shoulders'' as would, under the first
proviso of section 2(d) of the Flammable Fabrics Act, cause the hat to
be included within the definition of the term ``article of wearing
apparel'' where such ornamental millinery veils or veilings do not
extend more than nine (9) inches from the tip of the crown of the hat to
which they are attached and do not extend more than two (2) inches
beyond the edge of the brim of the hat.
Where hats are composed entirely of ornamental millinery veils or
veilings such hats will not be considered as subject to the Flammable
Fabrics Act if the veils or veilings from which they are manufactured
were not more than nine (9) inches in width and do not extend more than
nine (9) inches from the tip of the crown of the completed hat.
Sec. 1610.31 Terms defined.
As used in this part, unless the context otherwise specifically
requires:
(a) The term act means the ``Flammable Fabrics Act'' (approved June
30, 1953, Pub. Law 88, 83d Congress, 1st sess., 15 U.S.C. 1191; 67 Stat.
111) as amended, 68 Stat. 770, August 23, 1954.
(b) The terms rule, rules, regulations, and rules and regulations,
mean the rules and regulations prescribed by the Commission pursuant to
section 5(c) of the act.
(c) The term United States means, the several States, the District
of Columbia, the Commonwealth of Puerto Rico and the Territories, and
Possessions of the United States.
(d) The terms marketing or handling means the transactions referred
to in section 3 of the Flammable Fabrics Act, as amended in 1967.
(e) The terms uncovered or exposed part of an article of wearing
apparel as used in section 4(a) of the act, mean that part of such
article of apparel which might during normal wear be open to flame or
other means of ignition.
[[Page 610]]
Note: The outer surface of an undergarment is considered to be an
uncovered or exposed part of an article of wearing apparel, and thus
subject to the act.
(f) The term textile fabric means any coated or uncoated material
subject to the act, except film and fabrics having a nitro-cellulose
fiber, finish, or coating, which is woven, knitted, felted or otherwise
produced from any natural or manmade fiber, or substitute therefor, or
combination thereof, of two inches or more in width, and which is in a
form or condition ready for use in wearing apparel.
(g) The term plain surface textile fabric means any textile fabric
which does not have an intentionally raised fiber or yarn surface such
as a pile, nap, or tuft, but shall include those fabrics having fancy
woven, knitted or flock printed surfaces.
(h) The term raised surface textile fabric means any textile fabric
which has an intentionally raised fiber or yarn surface such as a pile,
nap, or tufting.
(i) The term film means any nonrigid, unsupported plastic, rubber or
other synthetic or natural film or sheeting, subject to the Act, or any
combination thereof, including transparent, translucent, and opaque
material, whether plain, embossed, molded, or otherwise surface treated,
which is in a form or condition ready for use in wearing apparel, and
shall include film or sheeting exceeding 10 mils in thickness.
(j) The term test means the application of the relevant test method
prescribed in the procedures provided under section 4(a) of the Act.
(k) [Reserved]
(l) The term finish type means a particular finish, but does not
include such variables as changes in color, pattern, print, or design,
or minor variations in the amount or type of ingredients in the finish
formulation. Examples of finish types would be starch finishes, resin
finishes or parchmentized finishes.
(m) The definition of terms contained in section 2 of the Act shall
be applicable also to such terms when used in rules promulgated under
the act.
[40 FR 59891, Dec. 30, 1975, as amended at 49 FR 48683, Dec. 14, 1984]
Sec. 1610.32 General requirements.
(a) No article of wearing apparel or fabric subject to the act and
regulations shall be marketed or handled if such article or fabric, when
tested according to the procedures prescribed in section 4(a) of the
act, is so highly flammable as to be dangerous when worn by individuals.
(b) The provisions of Sec. 1610.4(g)(7) of the Standard for the
Flammability of Clothing Textiles, relating to results of testing, shall
be applied to tests of fabrics and articles of wearing apparel subject
to the Standard. To compute the average time of flame spread for each
set of five specimens, at least two of the specimens must ignite and
burn the stop cord for the specimen. However, if fewer than two
specimens of any given set of five ignite and burn the entire length of
the specimen, test results shall be interpreted according to the
provisions of paragraphs (b)(1) through (b)(4) of this section.
(1) If no specimen ignites and burns the stop cord, the results of
that test shall be regarded as Class 1 (passing).
(2) If only one of five specimens of a plain surface fabric ignites
and burns the stop cord with a time of 3.5 seconds or more, the results
of that test shall be regarded as Class 1 (passing).
(3) If only one of five specimens of a raised-fiber surface fabric
ignites and burns in less than 4 seconds, but the base does not ignite
or fuse, the results of that test shall be regarded as Class 1
(passing). If only one of five specimens of a raised-fiber surface
fabric ignites or burns in more than 4 seconds, regardless of whether
the base fabric ignites or fuses, the results of that test shall be
regarded as Class 1 (passing).
(4) If only one specimen ignites and burns the stop cord in less
than 3.5 seconds for plain-surface fabrics or less than 4.0 seconds for
raised-fiber surface fabrics where the base fabric ignites or fuses,
test another set of five specimens. See Sec. 1610.4(g)(7). Compute the
average time of flame spread for all 10 specimens. If two or more of the
specimens ignite and burn the stop cord, average the results from all
specimens which ignited and burned the stop cord. See
Sec. Sec. 1610.3(a)(3) and 1610.4(g)(7). If only one of the ten
specimens ignites
[[Page 611]]
and burns the stop cord, the test is inconclusive. The Commission will
take no enforcement action on the basis of that test. The Commission may
conduct additional testing of the fabric or article of wearing apparel,
but the results of any inconclusive test shall not be averaged with
results obtained from any other test.
[50 FR 7761, Feb. 26, 1985; 50 FR 11848, Mar. 26, 1985]
Sec. 1610.33 Test procedures for textile fabrics and film.
(a)(1) All textile fabrics (except those with a nitro-cellulose
fiber, finish or coating) intended or sold for use in wearing apparel,
and all such fabrics contained in articles of wearing apparel, shall be
subject to the requirements of the act, and shall be deemed to be so
highly flammable as to be dangerous when worn by individuals if such
fabrics or any uncovered or exposed part of such articles of wearing
apparel exhibits rapid and intense burning when tested under the
conditions and in the manner prescribed in subpart A of this part, and
identified as ``Flammability of Clothing Textiles, Commercial Standard
191-53''.
(2) Notwithstanding the provisions of paragraph (a)(1) of this
section, coated fabrics, except those with a nitro-cellulose coating,
may be tested under the procedures outlined in part 1611, the
flammability standard incorporated in the Commercial Standard
promulgated by the Secretary of Commerce effective May 22, 1953, and
identified as ``General Purpose Vinyl Plastic Film, Commercial Standard
192-53'', and if such coated fabrics do not exhibit a rate of burning in
excess of that specified in Sec. 1611.3 they shall not be deemed to be
so highly flammable as to be dangerous when worn by individuals.
(b) All film, and textile fabrics with a nitro-cellulose fiber,
finish or coating intended or sold for use in wearing apparel, and all
film and such textile fabrics referred to in this rule which are
contained in articles of wearing apparel, shall be subject to the
requirements of the act, and shall be deemed to be so highly flammable
as to be dangerous when worn by individuals if such film or such textile
fabrics or any uncovered or exposed part of such articles of wearing
apparel exhibit a rate of burning in excess of that specified in part
1611, the flammability standard incorporated in the Commercial Standard
promulgated by the Secretary of Commerce effective May 22, 1953, and
identified as ``General Purpose Vinyl Plastic Film, Commercial Standard
192-53.''
Sec. 1610.34 Only uncovered or exposed parts of wearing apparel to be tested.
In determining whether an article of wearing apparel is so highly
flammable as to be dangerous when worn by individuals, only the
uncovered or exposed part of such article of wearing apparel shall be
tested according to the applicable procedures set forth in section 4(a)
of the act.
Note: If the outer layer of plastic film or plastic-coated fabric of
a multilayer fabric separates readily from the other layers, the outer
layer shall be tested under part 1611--Standard for the Flammability of
Vinyl Plastic Film. If the outer layer adheres to all or a portion of
one or more layers of the underlaying fabric, the multi-layered fabric
may be tested under either part 1610--Standard for the Flammability of
Clothing Textiles or part 1611. However, if the conditioning procedures
required by Sec. 1610.4(f) of the Standard for the Flammability of
Clothing Textiles would damage or alter the physical characteristics of
the film or coating, the uncovered or exposed layer shall be tested in
accordance with part 1611.
Plastic film or plastic-coated fabric used, or intended for use as
the outer layer of disposable diapers is exempt from the requirements of
the standard, provided that a sample taken from a full thickness of the
assembled article passes the test in the standard (part 1610 or part
1611) otherwise applicable to the outer fabric or film when the flame is
applied to the exposed or uncovered surface. See Sec. Sec. 1610.36(f)
and 1610.11(f).
[50 FR 7761, Feb. 26, 1985]
Sec. 1610.35 Procedures for testing special types of textile fabrics under the standard.
(a) Fabric not customarily washed or dry cleaned. (1) Except as
provided in paragraph (a)(2) of this section, any textile fabric or
article of wearing apparel which, in its normal and customary use as
wearing apparel would not be dry cleaned or washed, need not be dry
cleaned or washed as prescribed in Sec. Sec. 1610.4(d) and 1610.4(e)
when tested
[[Page 612]]
under the standard if such fabric or article of wearing apparel, when
marketed or handled, is marked in a clear and legible manner with the
statement: ``Fabric may be dangerously flammable if dry cleaned or
washed.'' An example of the type of fabric referred to in this paragraph
is bridal illusion.
(2) Section 1610.4(a)(4), which requires that certain samples shall
be dry cleaned or washed before testing, shall not apply to disposable
fabrics and garments. Additionally, such disposable fabrics and garments
shall not be subject to the labeling requirements set forth in
paragraph(a)(1) of this section.
(b) A coated fabric need not, upon test under the procedures
outlined in subpart A of part 1610, be dry cleaned as set forth in
Sec. 1610.4(d).
(c) In determining whether a textile fabric having a raised-fiber
surface, which surface is to be used in the covered or unexposed parts
of articles of wearing apparel, is so highly flammable as to be
dangerous when worn by individuals, only the opposite surface or surface
intended to be exposed need be tested under the applicable procedures
set forth in section 4(a) of the act, providing an invoice or other
paper covering the marketing or handling of such fabric is given which
clearly designates that the raised-fiber surface is to be used only in
the covered or unexposed parts of articles of wearing apparel.
(d) A textile fabric which is less than six inches in width need
only, upon test under the procedures outlined in subpart A of part 1610,
be tested in a lengthwise direction.
[40 FR 59891, Dec. 30, 1975, as amended at 50 FR 51671, Dec. 19, 1985]
Sec. 1610.36 Applications of act to particular types of products.
(a) Fabrics intended or sold for processing into interlinings or
other covered or unexposed parts of articles of wearing apparel shall
not be subject to the provisions of section 3 of the act: Provided, That
an invoice or other paper covering the marketing or handling of such
fabrics is given which specifically designates their intended end use:
And provided further, That with respect to fabrics which under the
provisions of section 4 of the act, as amended, are so highly flammable
as to be dangerous when worn by individuals, any person marketing or
handling such fabrics maintains records which show the acquisition,
disposition and intended end use of such fabrics, and any person
manufacturing articles of wearing apparel containing such fabrics
maintains records which show the acquisition, and use and disposition of
such fabrics. Any person who fails to maintain such records or to
furnish such invoice or other paper shall be deemed to have engaged in
the marketing or handling of such products for purposes subject to the
requirements of the act and such person and the products shall be
subject to the provisions of sections 3, 6, 7, and 9 of the act.
(b) Fabrics intended or sold for use in those hats, gloves, and
footwear which are excluded under the definition of articles of wearing
apparel in section 2(d) of the act shall not be subject to the
provisions of section 3 of the act: Provided, That an invoice or other
paper covering the marketing or handling of such fabrics is given which
specifically designates their intended use in such products: And
provided further, That with respect to fabrics which under the
provisions of section 4 of the act, as amended, are so highly flammable
as to be dangerous when worn by individuals, any person marketing or
handling such fabrics maintains records which show the acquisition,
disposition, and intended end use of such fabrics, and any person
manufacturing hats, gloves, or footwear containing such fabrics
maintains records which show the acquisition, end use and disposition of
such fabrics. Any person who fails to maintain such records or to
furnish such invoice or other paper shall be deemed to have engaged in
the marketing or handling of such products for purposes subject to the
requirements of the Act and such person and the products shall be
subject to the provisions of sections 3, 6, 7, and 9 of the act.
(c) Except as provided in paragraph (d) of this section,
handkerchiefs not exceeding a finished size of twenty-four (24) inches
on any side or not exceeding five hundred seventy-six (576) square
inches in area are not deemed ``articles of wearing apparel'' as that
term is used in the act.
[[Page 613]]
(d) Handkerchiefs or other articles affixed to, incorporated in, or
sold as a part of articles of wearing apparel as decoration, trimming,
or for any other purpose, are considered an integral part of such
articles of wearing apparel, and the articles of wearing apparel and all
parts thereof are subject to the provisions of the act. Handkerchiefs or
other articles intended or sold to be affixed to, incorporated in or
sold as a part of articles of wearing apparel as aforesaid constitute
``fabric'' as that term is defined in section 2(e) of the act and are
subject to the provisions of the act which such handkerchiefs or other
articles constitute textile fabrics as the term ``textile fabric'' is
defined in Sec. 1610.31(f).
(e) Where an article of wearing apparel has a raised-fiber surface
which is intended for use as a covered or unexposed part of the article
of wearing apparel but the article of wearing apparel is, because of its
design and construction, capable of being worn with the raised-fiber
surface exposed, such raised-fiber surface shall be considered to be an
uncovered or exposed part of the article of wearing apparel. Examples of
the type of products referred to in this paragraph are athletic shirts
or so-called ``sweat shirts'' with a raised-fiber inner side.
(f) Multilayer fabric and wearing apparel with a film or coating on
the uncovered or exposed surface. Plastic film or plastic-coated fabric
used, or intended for use, as the outer layer of disposable diapers is
exempt from the requirements of the standard, provided that a full
thickness of the assembled article passes the test in the standard
otherwise applicable to the outer fabric or film when the flame is
applied to the exposed or uncovered surface.
Note: An interpretation to Sec. 302.0(c) issued by the Federal Trade
Commission, 30 FR 16106, Dec. 28, 1965, provides as follows:
``Sec. 1610.36(c) does not exclude products from the act on the sole
basis of the size, description or designation of such product.
``If, because of construction, design, color, type of fabric, or any
other factor, a piece of cloth of a finished type or any other product
of a finished type appears to be likely to be used as a covering for the
head, neck, face, shoulders, or any part thereof, or otherwise appears
likely to be used as an article of clothing, garment, or costume, such
product is not a handkerchief and constitutes an article of wearing
apparel as defined in and subject to the provisions of the Flammable
Fabrics Act, irrespective of its size, or its description or designation
as a handkerchief or any other term.''
(Secs. 4, 5, 67 Stat. 112, 113, as amended, 68 Stat. 770, 81 Stat. 571,
90 Stat. 515 (15 U.S.C. 1193, 1194); sec. 30(b), 86 Stat. 1207 (15
U.S.C. 2079(b))
[40 FR 59891, Dec. 30, 1975, as amended at 50 FR 7762, Feb. 26, 1985]
Sec. 1610.37 Reasonable and representative tests to support guaranties.
(a) Purpose. The purpose of this Sec. 1610.37 is to establish
requirements for reasonable and representative tests to support initial
guaranties of products, fabrics, and related materials which are subject
to the Standard for the Flammability of Clothing Textiles (the Standard,
16 CFR part 1610).
(b) Statutory provisions. (1) 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 such person
establishes a guaranty received in good faith to the effect that the
product, fabric, or related material complies with the applicable
flammability standard. A guaranty does not provide the holder any
defense to an administrative action for an order to cease and desist
from violation of the applicable standard, the FFA, and the Federal
Trade Commission Act (15 U.S.C. 45), nor to any civil action for
injunction or seizure brought under section 6 of the FFA (15 U.S.C.
1195).
(2) Section 8 of the FFA provides for two types of guaranties:
(i) An initial guaranty based on ``reasonable and representative
tests'' made in accordance with the applicable standard issued under the
FFA; and
(ii) A guaranty based on a previous guaranty, received in good
faith, to the effect that reasonable and representative tests show
conformance with the applicable standard.
(c) Requirements. (1) Each person or firm issuing an initial
guaranty of a product, fabric, or related material subject to the
Standard shall devise
[[Page 614]]
and implement a program of reasonable and representative tests to
support such a guaranty.
(2) The term program of reasonable and representative tests as used
in this Sec. 1610.37 means at least one test with results demonstrating
conformance with the Standard for the product, fabric or related
material which is the subject of an initial guaranty. The program of
reasonable and representative tests required by this Sec. 1610.37 may
include tests performed before the effective date of this section, and
may include tests performed by persons or fims other than the one
issuing the initial guaranty. The number of tests and the frequency of
testing shall be left to the discretion of the person or firm issuing
the initial guaranty.
(3) In the case of an initial guaranty of a fabric or related
material, a program of reasonable and representative tests may consist
of one or more tests of the particular fabric or related material which
is the subject of the guaranty, or of a fabric or related material of
the same ``class'' of fabrics or related materials as the one which is
the subject of the guaranty. For purposes of this Sec. 1610.37, the term
class means a category of fabrics or related materials having general
constructional or finished characteristics, sometimes in association
with a particular fiber, and covered by a class or type description
generally recognized in the trade.
(d) Exemptions. Experience gained from years of testing in
accordance with the Standard demonstrates that certain fabrics
consistently yield acceptable results when tested in accordance with the
Standard. Therefore, persons and firms issuing an initial guaranty of
any of the following types of fabrics, or of products made entirely from
one or more of these fabrics, are exempt from any requirement for
testing to support guaranties of those fabrics:
(1) Plain surface fabrics, regardless of fiber content, weighing 2.6
ounces per square yard or more; and
(2) All fabrics, both plain surface and raised-fiber surface,
regardless of weight, made entirely from any of the following fibers or
entirely from combination of the following fibers: acrylic, modacrylic,
nylon, olefin, polyester, wool.
(Sec. 5, Pub.L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; sec. 30, Pub.L.
92-573, 86 Stat. 1231, 15 U.S.C. 2079)
[49 FR 48689, Dec. 14, 1984; 50 FR 11847, Mar. 26, 1985]
Sec. 1610.38 Maintenance of records by those furnishing guaranties.
(a) Any person or firm issuing an initial guaranty of a product,
fabric, or related material which is subject to the Standard for the
Flammability of Clothing Textiles (the Standard, 16 CFR part 1610) shall
keep and maintain a record of the test or tests relied upon to support
that guaranty. The records to be maintained shall show:
(1) The style or range number, fiber composition, construction and
finish type of each textile fabric or related material covered by an
initial guaranty; or the identification, fiber composition, construction
and finish type of each textile fabric (including those with a
nitrocellulose fiber, finish or coating), and of each related material,
used or contained in a product of wearing apparel covered by an initial
guaranty.
(2) The results of the actual test or tests made of the textile
fabric or related material covered by an initial guaranty; or of any
fabric or related material used in the product of wearing apparel
covered by an initial guaranty.
(3) When the person or firm issuing an initial guaranty has
conducted the test or tests relied upon to support that guaranty, that
person or firm shall also include with the information required by
paragraphs (a) (1) and (2) of this section, a sample of each fabric or
related material which has been tested.
(b) Persons furnishing guaranties based upon class tests shall
maintain records showing:
(1) Identification of the class test.
(2) Fiber composition, construction and finish type of the fabrics,
or the fabrics used or contained in articles of wearing apparel so
guaranteed.
(3) A swatch of each class of fabrics guaranteed.
(c) Persons furnishing guaranties based upon guaranties received by
them shall maintain records showing:
[[Page 615]]
(1) The guaranty received and identification of the fabrics or
fabrics contained in articles of wearing apparel guaranteed in turn by
them.
(d) The records referred to in this section shall be preserved for a
period of 3 years from the date the tests were performed, or in the case
of paragraph (c) of this section the guaranties were furnished.
(e) Any person furnishing a guaranty under section 8(a) of the act
who neglects or refuses to maintain and preserve the records prescribed
in this section shall be deemed to have furnished a false guaranty under
the provisions of section 8(b) of the act.
(Sec. 5, Pub.L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; sec. 30, Pub.L.
92-573, 86 Stat. 1231, 15 U.S.C. 2079)
[40 FR 59891, Dec. 30, 1975, as amended at 49 FR 48690, Dec. 14, 1984]
Sec. 1610.39 Shipments under section 11(c) of the act.
(a) The invoice or other paper relating to the shipment or delivery
for shipment in commerce of articles of wearing apparel or textile
fabrics for the purpose of finishing or processing to render them not so
highly flammable as to be dangerous when worn by individuals, shall
contain a statement disclosing such purpose.
(b) An article of wearing apparel or textile fabric shall not be
deemed to fall within the provisions of section 11(c) of the act as
being shipped or delivered for shipment in commerce for the purpose of
finishing or processing to render such article of wearing apparel or
textile fabric not so highly flammable under section 4 of the act, as to
be dangerous when worn by individuals, unless the shipment or delivery
for shipment in commerce of such article of wearing apparel or textile
fabric is made direct to person engaged in the business of processing or
finishing textile products for the prearranged purpose of having such
article of apparel or textile fabric processed or finished to render it
not so highly flammable under section 4 of the act, as to be dangerous
when worn by individuals, and any person shipping or delivering for
shipment the article of wearing apparel or fabric in commerce for such
purpose maintains records which establish (1) that the textile fabric or
article of wearing apparel has been shipped for appropriate flammability
treatment, and (2) that such treatment has been completed, as well as
records to show the disposition of such textile fabric or article of
wearing apparel subsequent to the completion of such treatment.
(c) The importation of textile fabrics or articles of wearing
apparel may be considered as incidental to a transaction involving
shipment or delivery for shipment for the purpose of rendering such
textile fabrics or articles of wearing apparel not so highly flammable
under the provisions of section 4 of the act, as to be dangerous when
worn by individuals, if:
(1) The importer maintains records which establish (i) that the
imported textile fabrics or articles of wearing apparel have been
shipped for appropriate flammability treatment, and (ii) that such
treatment has been completed, as well as records to show the disposition
of such textile fabrics or articles of wearing apparel subsequent to the
completion of such treatment.
(2) The importer, at the time of importation, executes and furnishes
to the Bureau of Customs an affidavit stating:
These fabrics (or articles of wearing apparel) are dangerously
flammable under the provisions of section 4 of the Flammable Fabrics
Act, and will not be sold or used in their present condition but will be
processed or finished by the undersigned or by a duly authorized agent
so as to render them not so highly flammable under the provisions of
section 4 of the Flammable Fabrics Act, as to be dangerously flammable
when worn by individuals. The importer agrees to maintain the records
required by 16 CFR 1610.39(c)(1).
(3) The importer, if requested to do so by the Bureau of Customs,
furnishes an adequate specific-performance bond conditioned upon the
complete discharge of the obligations assumed in paragraphs (c) (1) and
(2) of this section.
Note: The purpose of section 11(c) is only to permit articles of
wearing apparel or textile fabrics which are dangerously flammable to be
shipped or delivered for shipment in commerce for the purpose of
treatment or processing to render them not dangerously flammable.
Section 11(c) does not in any other respect limit the force and effect
of
[[Page 616]]
sections 3, 6, 7, and 9 of the act. In particular, section 11(c) does
not authorize the sale or offering for sale of any article of wearing
apparel or textile fabric which is in fact dangerously flammable at the
time of sale or offering for sale, even though the seller intends to
ship the article for treatment prior to delivery to the purchaser or has
already done so. Moreover, under section 3 of the act a person is liable
for a subsequent sale or offering for sale if, despite the purported
completion of treatment to render it not dangerously flammable, the
article in fact remains dangerously flammable.
Sec. 1610.40 Use of alternate apparatus, procedures, or criteria 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 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) The Standard for the Flammability of Clothing Textiles (the
Standard) prescribes apparatus and procedures for testing fabrics and
garments subject to its provisions. See 16 CFR 1610.4. The Standard
prescribes criteria for classifying the flammability of fabrics and
garments subject to its provisions as ``Normal flammability, Class 1,''
``Intermediate flammability, Class 2,'' and ``rapid and intense burning,
Class 3.'' See 16 CFR 1610.3. Sections 3 and 4 of the Flammable Fabrics
Act, as enacted in 1953 and amended in 1954, prohibits the manufacture
for sale, importation into the United States, or introduction in
commerce of any fabric or article of wearing apparel subject to the
Standard which exhibits ``rapid and intense burning'' when tested in
accordance with the Standard. See 16 CFR part 1609.
(c) The Commission recognizes that for purposes of supporting
guaranties, ``reasonable and representative tests'' could be either the
test in the Standard, or alternate tests which utilize apparatus or
procedures other than those in the Standard. This Sec. 1610.40 sets
forth conditions under which the Commission will allow use of alternate
tests with apparatus or procedures other than those in the Standard to
serve as the basis for guaranties.
(d)(1) Persons and firms issuing guaranties that fabrics or garments
subject to the Standard meet its requirements may base those guaranties
on any alternate test utilizing apparatus or procedures other than those
in the Standard, if such alternate test is as stringent as, or more
stringent than, the test in the Standard. The Commission considers an
alternate test to be ``as stringent as, or more stringent than'' the
test in the Standard if, when testing identical specimens, the alternate
test yields failing results as often as, or more often than, the test in
the Standard. Any person using such an alternate test must have data or
information to demonstrate that the alternate test is as stringent as,
or more stringent than, the test in the Standard.
(2) The data or information required by this paragraph (d) of this
section to demonstrate equivalent or greater stringency of any alternate
test using apparatus or procedures other than those in the Standard must
be in the possession of the person or firm desiring to use such
alternate test before the alternate test may be used to support
guaranties of items subject to the Standard.
(3) The data or information required by paragraph (d) of this
section to demonstrate equivalent or greater stringency of any alternate
test using apparatus or procedures other than those in the Standard must
be retained for as long as that alternate test is used to support
guaranties of items subject to the Standard, and for one year
thereafter.
(e) Specific approval from the Commission in advance of the use of
any alternate test using apparatus or procedures other than those in the
standard is not required. The Commission will not approve or disapprove
any specific alternate test utilizing apparatus or procedures other than
those in the Standard.
(f) Use of any alternate test to support guaranties of items subject
to the
[[Page 617]]
Standard without the information required by this section may result in
violation of section 8(b)), of the FFA (15 U.S.C. 1197(b)), which
prohibits the furnishing of a false guaranty.
(g) 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:
(1) The manufacture for sale, importation into the United States, or
introduction in commerce of the fabric or garment which yielded failing
results was in violation of the Standard and of section 3 of the FFA;
and
(2) The person or firm using the alternate test as the basis for a
guaranty has furnished a false guaranty, in violation of section 8(b) of
the FFA.
(Reporting requirements contained in paragraph (d) were approved by
Office of Management and Budget under control number 3041-0024)
[48 FR 21315, May 12, 1983]
Subpart C--Interpretations and Policies
Sec. 1610.61 Clarification of flammability standard for clothing textiles (CS 191-53).
(a) Background. (1) The Flammable Fabrics Act, which became
effective July 1, 1954 (Pub. L. 83-88, 67 Stat. 111-15), adopted
Commercial Standard 191-53 as a mandatory flammability standard to be
applied under that act (CS 191-53 had been a voluntary commercial
standard, entitled ``Commercial Standard 191-53, Flammability of
Clothing Textiles,'' which became effective January 30, 1953).
(2) On August 23, 1954, the Flammable Fabrics Act was amended (68
Stat. 770) to reduce the burning time for flame spread as provided in CS
191-53.
(3) As amended and revised December 14, 1967 by Public Law 90-189
(81 Stat. 568-74), the Flammable Fabrics Act no longer specifically
referred to CS 191-53; however, Public Law 90-189 contained a ``savings
clause'' (section 11), which continued the applicability of any standard
effective under the act theretofore until superseded or modified. No
such change occurred thereafter to CS 191-53 which, accordingly,
continues to be a mandatory flammability standard under the act.
(b) Need for clarification. It has been brought to the attention of
the Consumer Product Safety Commission that lack of clarity in CS 191-53
regarding (1) the positioning of the stop cord, (2) the technique for
brushing fabrics with raised-fiber surface, and (3) the criterion for
failure of a fabric with a raised-fiber surface results in variations in
the way tests are conducted or results are interpreted under the
standard, thereby making both compliance with and enforcement of the
standard under the Flammable Fabrics Act needlessly contentious.
(c) Clarifying interpretations. To alleviate this situation, the
Consumer Product Safety Commission adopts the following interpretations
on these subjects for CS 191-53:
(1) Stop cord. The stop cord shall be three-eighths of an inch above
and parallel to the lower surface of the top plate of the specimen
holder. This condition can be achieved easily and reproducibly with the
use of L-shaped guides and an additional thread guide popularly referred
to as a ``sky hook.'' The essential condition, however, is the uniform
height of three-eighths of an inch for the stop cord and not the number,
placement, or design of the thread guides.
(2) Brushing. Brushing of a specimen shall be performed with the
specimen mounted in a specimen holder. The purpose of the metal plate or
``template'' on the carriage of the brushing device is to support the
specimen during the brushing operation. Accordingly, such template
should be one-eighth of an inch thick.
(3) Criterion for failure. In the case of those fabrics having a
raised-fiber surface for which a flame spread time of less than 4
+seconds occurs and is the result of surface burning (sometimes referred
to as ``surface flash''), the additional finding of base fabric ignition
or fusion that is required to establish a failure shall have to be
associated with the propagating surface flame and not the igniting
flame.
(Sec. 1, et seq., 67 Stat. 111-15, as amended, 68 Stat. 770, 81 Stat.
568-74 (15 U.S.C. 1191-1204, note under 1191))
[[Page 618]]
Sec. 1610.62 Reasonable and representative testing to assure compliance with the standard for the clothing textiles.
(a) Background. (1) The CPSC administers the Flammable Fabrics Act
(FFA), 15 U.S.C. 1191-1204. Under the FFA, among other things, the
Commission enforces the Flammability Standard for Clothing Textiles (the
``general wearing apparel standard''), 16 CFR Part 1610. That standard
establishes requirements for the flammability of clothing and textiles
intended to be used for clothing (hereinafter ``textiles'').
(2) The general wearing apparel standard applies both to fabrics and
finished garments. The standard provides methods of testing the
flammability of textiles, and sets forth the requirements that textiles
must meet to be classified into one of three classes of flammability
(classes 1, 2 and 3). 16 CFR 1610.2. Class 1 textiles, those that
exhibit normal flammability, are acceptable for use in clothing. 16 CFR
1610.3(a)(1). Class 2 textiles, applicable only to raised fiber
surfaces, are considered to be of intermediate flammability, but may be
used in clothing. 16 CFR 1610.3(a)(2). Finally, class 3 textiles, those
that exhibit rapid and intense burning, are dangerously flammable and
may not be used in clothing. 16 CFR 1610.3(a)(3). The manufacture for
sale, offering for sale, importation into the U.S., and introduction or
delivery for introduction of Class 3 articles of wearing apparel are
among the acts prohibited by section 3(a) of the FFA, 15 U.S.C. 1192(a).
(3) CPSC currently uses retail surveillance, attends appropriate
trade shows, follows up on reports of noncompliance and previous
violations, and works with U.S. Customs in an effort to find textiles
that violate CPSC's standards. The Commission has a number of
enforcement options to address prohibited acts. These include bringing
seizure actions in federal district court against violative textiles,
seeking an order through an administrative proceeding that a firm cease
and desist from selling violative garments, pursuing criminal penalties,
or seeking the imposition of civil penalties for ``knowing'' violations
of the FFA. Of particular relevance to the latter two remedies are
whether reasonable and representative tests were performed demonstrating
that a textile or garment meets the flammability standards for general
wearing apparel. Persons who willfully violate flammability standards
are subject to criminal penalties.
(4) Section 8(a) of the FFA, 15 U.S.C. 1197(a), exempts a firm from
the imposition of criminal penalties if the firm establishes that a
guaranty was received in good faith signed by and containing the name
and address of the person who manufactured the guarantied wearing
apparel or textiles or from whom the apparel or textiles were received.
A guaranty issued by a person who is not a resident of the United States
may not be relied upon as a bar to prosecution. 16 CFR 1608.4. The
guaranty must be based on the exempted types of fabrics or on reasonable
and representative tests showing that the fabric covered by the guaranty
or used in the wearing apparel covered by the guaranty is not so highly
flammable as to be dangerous when worn by individuals, i.e., is not a
class 3 material.\1\ Under 16 CFR 1610.37, a person, to issue a
guaranty, should first evaluate the type of fabric to determine if it
meets testing exemptions (16 CFR 1610.37(d)); \2\ if not, the person
issuing the guaranty must devise and implement a program of reasonable
and representative tests to support the guaranty. The number of tests
and frequency of testing is left to the discretion of that person, but
at least one test is required.
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\1\ The person proffering a guaranty to the Commission must also
not, by further processing, have affected the flammability of the
fabric, related material or product covered by the guaranty that was
received.
\2\ Some textiles never exhibit unusual burning characteristics and
need not be tested. 16 CFR 1610.37(d). Such textiles include plain
surface fabrics, regardless of fiber content, weighing 2.6 oz. or more
per sq. yd., and plain and raised surface fabrics made of acrylic,
modacrylic, nylon, olefin, polyester, wool, or any combination of these
fibers, regardless of weight.
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(5) In determining whether a firm has committed a ``knowing''
violation of a flammability standard that warrants imposition of a civil
penalty, the CPSC
[[Page 619]]
considers whether the firm had actual knowledge that its products
violated the flammability requirements. The CPSC also considers whether
the firm should be presumed to have the knowledge that would be
possessed by a reasonable person acting in the circumstances, including
knowledge that would have been obtainable upon the exercise of due care
to ascertain the truth of representations. 15 U.S.C. 1194(e). The
existence of results of flammability testing based on a reasonable and
representative program and, in the case of tests performed by another
entity (such as a guarantor), the steps, if any, that the firm took to
verify the existence and reliability of such tests, bear directly on
whether the firm acted reasonably in the circumstances.
(b) Applicability. (1) When tested for flammability, a small number
of textile products exhibit variability in the test results; that is,
even though they may exhibit class 1 or class 2 burning characteristics
in one test, a third test may result in a class 3 failure. Violative
products that the Commission has discovered since 1994 include sheer
100% rayon skirts and scarves; sheer 100% silk scarves; 100% rayon
chenille sweaters; rayon/nylon chenille and long hair sweaters;
polyester/cotton and 100% cotton fleece/sherpa garments, and 100% cotton
terry cloth robes. Since August 1994, there have been 21 recalls of such
dangerously flammable clothing, and six retailers have paid civil
penalties to settle Commission staff allegations that they knowingly
sold garments that violated the general wearing apparel standard.
(2) The violations and resulting recalls and civil penalties
demonstrate the critical necessity for manufacturers, distributors,
importers, and retailers to evaluate, prior to sale, the flammability of
garments made from the materials described above, or to seek appropriate
guaranties that assure that the garments comply. Because of the
likelihood of variable flammability in the small group of textiles
identified above, one test is insufficient to assure reasonably that
these products comply with the flammability standards. Rather, a person
seeking to evaluate garments made of such materials should assure that
the program tests a sufficient number of samples to provide adequate
assurance that such textile products comply with the general wearing
apparel standard. The number of samples to be tested, and the
corresponding degree of confidence that products tested will comply, are
to be specified by the individual designing the test program. However,
in assessing the reasonableness of a test program, the Commission staff
will specifically consider the degree of confidence that the program
provides.
(c) Suggestions. The following are some suggestions to assist in
complying with the general wearing apparel standard:
(1) Purchase fabrics or garments that meet testing exemptions listed
in 16 CFR 1610.37(d). (If buyers or other personnel do not have skills
to determine if the fabric is exempted, hire a textile consultant or a
test lab for an evaluation.)
(2) For fabrics that are not exempt, conduct reasonable and
representative testing before cutting and sewing, using standard
operating characteristic curves for acceptance sampling to determine a
sufficient number of tests.
(3) Purchase fabrics or garments that have been guarantied and/or
tested by the supplier using a reasonable and representative test
program that uses standard operating characteristic curves for
acceptance sampling to determine a sufficient number of tests. Firms
should also receive and maintain a copy of the guaranty.
(4) Periodically verify that your suppliers are actually conducting
appropriate testing.
[63 FR 42697, Aug. 11, 1998]