CPSC Seeks Comments on Info Collection on Certain Clothing Flammability Guarantees

CPSC uses the information compiled and maintained by firms that issue these guaranties to help protect the public from risks of injury or death associated with clothing and fabrics and vinyl film intended for use in clothing.

(Note that this is a long-standing information collection under Office of Management and Budget OMB control number 3041-0024 and CPSC is not requesting any changes.)

Comments are due March 5, 2010.

Flammability Standards for Clothing/Vinyl Plastic Film Require Certain Testing

CPSC's Standard for the Flammability of Clothing Textiles (16 CFR Part 1610) and its Standard for the Flammability of Vinyl Plastic Film (16 CFR Part 1611) both require certain "speed of burning" tests in order to keep dangerously flammable textiles and vinyl out of commerce.

(The clothing standard classifies fabrics into 3 classes of flammability based on their speed of burning. Class 3 textiles, the most dangerously flammable fabrics, are unsuitable for use in clothing because of their rapid and intense burning.)

Can do Own Testing, Use Exempt Fabrics, or Rely on Supplier Guarantees

CPSC states in an information sheet on 16 CFR Part 1610 that apparel manufacturers, importers, distributors, and retailers can ensure that the fabrics or garments they sell meet CPSC flammability standards by either:

purchasing fabrics or garments made from exempt² fabrics;

conducting their own "reasonable and representative testing" on the fabric (or vinyl plastic film) or on finished garments; or

purchasing fabrics or garments (or vinyl plastic film or garments) from a supplier who issues a guarantee that they comply with the flammability requirements.

To Issue a Guarantee, Suppliers Must Conduct Tests and Maintain Records

To issue a guarantee, a supplier must conduct "reasonable and representative" tests on each item that the guarantee covers and maintain records of the tests that support the guarantee as follows:

Clothing textiles. Under 16 CFR 1610.38, any person or firm issuing an initial guaranty of a product, fabric, or related material subject to the clothing textile flammability standard must keep and maintain for three years³ a record of the test or tests relied upon to support that guaranty.

Among other things, these records must show: (i) the style or range number, fiber composition, construction and finish type of each textile fabric or related material covered by an initial guaranty, etc.; (ii) test results 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; and (iii) when the person or firm issuing an initial guaranty has conducted the test or tests relied upon to support that guaranty, a sample of each fabric or related material which has been tested.⁴

Vinyl plastic film.Under 16 CFR 1611.38, any person furnishing either a separate or continuing guaranty who has made the flammability tests prescribed by 16 CFR Part 1611 for vinyl plastic film, must keep and maintain records of such tests for three years.³

These records must show: (i) the style or range number, fiber composition, construction and finish type of each textile fabric and each textile fabric (including those with a nitro-cellulose fiber, finish or coating) used or contained in an article of wearing apparel covered by the guaranty, including a swatch of the fabric tested; (ii) the stock or formula number, color, thickness and general description of each film or film used in an article of wearing apparel covered by the guaranty, including a sample of the film tested; and (iii) the results of the actual tests made on the textile fabric and film or the fabric and film used or contained in an article of wearing apparel.⁴

CPSC Uses Collected Info to Arrange Corrective Actions, Examine Testing

CPSC states that it uses the information compiled and maintained by firms that issue these guaranties to help arrange any necessary corrective actions and to determine whether the requisite testing was performed to support the guaranties.

¹Clothing includes any costume or article of clothing that people wear. The clothing flammability standard applies to all textiles used in adult and children's wearing apparel. Most children's sleepwear must also meet more stringent flammability requirements. Most hats, gloves, footwear, and fabrics used between the linings and outer fabrics of garments are not required to meet this standard.

²Persons 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 under 16 CFR Part 1610: (i) plain surface fabrics, regardless of fiber content, weighing 2.6 ounces per square yard or more; and (ii) all fabrics (both plain surface and raised-fiber surface) regardless of weight, made entirely from any of the following fibers or entirely from a combination of these fibers: acrylic, modacrylic, nylon, olefin, polyester, and wool.

³The records must be preserved for a period of 3 years from the date the tests were performed, or in the case of persons furnishing guaranties based upon guaranties received by them, 3 years from the date the guaranties were furnished.

⁴See 16 CFR 1610.38 and 16 CFR 1611.38 for separate recordkeeping requirements for persons furnishing guaranties based on class tests and for persons furnishing guaranties based upon guaranties received by them.

CPSC contact - Linda Glatz (301) 504-7671

CPSC notice (FR Pub 02/03/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-2302.pdf

CPSC links to 16 CFR Parts 1610 and 1611 available at http://www.cpsc.gov/businfo/freg.html

CPSC information sheet for 16 CFR Part 1610 available at http://www.cpsc.gov/BUSINFO/regsumwearapp.PDF