U.S. Consumer Product Safety Commission

This presentation was prepared by CPSC staff, has not been reviewed or approved by, and may not reflect the views of, the Commission.

CPSC requirements for adult and children’s clothing

Mission

Protecting the public against unreasonable risks of injury from

consumer products through education, safety standards activities, regulation and

enforcement.

Four Types of Safety Concerns

• Product fails to comply with a mandatory safety standard or ban under the Acts

• Product fails to comply with voluntary standards relied upon by the Commission

• Product contains a defect which could create a “substantial product hazard”

• Product creates an “unreasonable risk” of serious injury or death

Product Hazard Prevention Strategies

CPSC staff promotes consumer product

safety through a multi-pronged approach

• Engaging in product safety system processes by supporting improvements to voluntary standards/codes

• Creating and enforcing technical regulations and bans

• Identifying and removing products with defects and hazards through surveillance activities and recalls

• Developing education programs for consumers, importers, U.S. and foreign manufacturers, and retailers

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CPSC Voluntary Standards Monitoring

Participate in

committees

Analyze injury/death

data for hazard

patterns

Review standards

for inadequacie

s

Conduct tests and

evaluations to support findings

Propose standards

development or

revisions

CPSC staff does not vote.

Voluntary Standard Development Organizations for Consumer

ProductsANSI (American National Standards Institute)– Motorized Equipment– Lawn & Garden Equipment– Household Products– Safety Labeling

ASTM International – Children’s Products• Recreational Products

Underwriters Laboratories (UL)– Electrical and other products

Voluntary Standards and Recalls

In some cases, failure to comply with a consensus voluntary standard indicates to the CPSC that a product contains a defect that presents a substantial product hazard.

Example: These lights do not meet the voluntary Underwriters Laboratory (UL) standard due to insufficient wire size. They can overheat and pose a fire and shock risk.

CPSC can seek a recall.

Technical Regulations

Regulatory process can be started by vote of the Commission or by a petition from an interested party

CPSC statutes specify that voluntary

standards should be relied upon. However, a regulation may be

issued if:

the current voluntary standard does not

adequately reduce the

risk

there is not substantial compliance.

or

Flammable Fabrics Act (FFA)

• Regulated Products–Clothing Textiles, 16 CFR Part

1610–Vinyl Plastic Film, 16 CFR Part 1611–Children’s Sleepwear, 16 CFR

Parts 1615/1616–Carpets and Rugs, 16 CFR Parts

1630/1631–Mattresses and Mattress Pads, 16

CFR Part 1632–Mattress Sets, 16 CFR Part 1633

Flammability of Clothing Textiles

• The Standard applies to all adult and tight fitting children's sleepwear

–Except traditional children’s sleepwear, which must meet a more stringent standard.

–Does not apply to certain hats, gloves, footwear, interlining fabrics.

Flammability of Clothing Textiles

• The Standard specifies testing procedures and determines the relative flammability of textiles used in apparel using three classes of flammability.

• Fabrics that meet a specific exemption as defined in the standard do not require testing.

Clothing Textiles - Test Summary

• 5cm x 15cm (2 inches x 6 inches) specimen• Conditioning requirements• Specified test cabinet• A 1.6 mm (5/8 in) flame impinges on a specimen

mounted at a 45 degree angle for 1 second. • The specimen is allowed to burn its full length or

until the stop thread is broken (burn time is recorded).

Clothing Textiles - Classifications

• Class 1 – plain and raised surface fabrics that have no unusual burning characteristics and are acceptable for use in clothing

• Class 2 – raised surface fabrics only, intermediate flammability- use with caution

• Class 3 – fabrics are dangerously flammable and CANNOT be used in wearing apparel

Flammability of Children’s Sleepwear

• The children’s sleepwear standards, 16 CFR Parts 1615 and 1616, were developed to address the ignition of children’s sleepwear, such as nightgowns, pajamas, and robes.

• The standards are designed to protect children from small open-flame sources, such as matches/lighters, candles, fireplace embers, stoves, and space heaters.

• The standards are not intended to protect children from large fires or fires started by flammable liquids, such as gasoline.

Definition of Children’s Sleepwear

• Any product of wearing apparel intended to be worn primarily for sleeping, in sizes larger than 9 months through size 14.

• Several factors determine if a garment is sleepwear:– Suitability for sleeping, likelihood of

garment to be used for sleeping– Garment and fabric features– Marketing, merchandising/display,

intended use

Category Exceptions:

• Diapers and Underwear – Must comply with 16 CFR Part 1610

• Infant garments – Sizes 9 months or younger– One-piece garment does not exceed 64.8 cm

(25.75”) in length– Two-piece garment has no piece exceeding 40 cm

(15.75”) in length– Must comply with 16 CFR Part 1610

Children’s Sleepwear - Exceptions

• Tight-Fitting Sleepwear –Must meet specific maximum dimensions.–Must comply with 16 CFR Part 1610.–Must meet labeling requirements.

Children’s Sleepwear - Exceptions

Children’s Sleepwear Requirements

• Children’s sleepwear (that is not tight-fitting) must pass the flammability requirements.

• All fabrics and garments must be flame resistant and self-extinguish (not continue to burn) when removed from a small, open-flame ignition source.

• The fabric, garments, seams, and trims must pass certain flammability tests.

Drawstring Requirements forChildren’s Clothing

• In 1996, CPSC issued guidelines later adopted by ASTM in 1997 (ASTM F1816-97).

• May 2006 CPSC sent a letter to industry.

• Drawstrings are considered a substantial product hazard.

Drawstring Requirements forChildren’s Clothing

• Applies to drawstrings on upper outwear, jackets, and sweatshirts.• Sizes 2T-12 (or equivalent) with neck or

hood drawstrings• Sizes 2T-16 (or equivalent) with waist or

bottom drawstringsthat do not meet specified criteria

• Dresses are not upper outerwear.

• Belts are not drawstrings.

What’s Required-Children’s Clothing

• Children’s Clothing:

–16 CFR Part 1610 (Flammability)–CPC Required, Third Party Testing–Lead Content–Lead Surface Coating–Tracking Labels–Drawstring Requirements

What’s Required-Children’s Sleepwear

• Children’s Sleepwear:

– 16 CFR Parts 1615 and 1616 (Flammability)

–CPC Required, Third Party Testing– Lead Content– Lead Surface Coating– Tracking Labels– Phthalate Requirements (sleepwear

for children under three)

What’s Required-Clothing

• Adult clothing:–16 CFR Part 1610 (Flammability)–GCC required, including for

products that are exempt from testing

Importers, although reliant on foreign producers, are directly responsible for the safety of products they bring into the United States.

Responsibility to Comply with Voluntary Standards and Technical Regulations

All equally responsible

ManufacturersImporters

Distributors Retailers

Importance of Using U.S. Technical

Regulations and Voluntary Standards

To avoid entry problems with the U.S.government (Customs and CPSC), foreignmanufacturers SHOULD comply with BOTH:

–CPSC Regulations (mandatory)

–Private Sector Standards (consensus voluntary standards)

Both play essential safety roles.

Develop guidance and help firms comply with the law through:

• International program outreach

• Domestic manufacturer seminars

• Participation at ICPHSO symposiums

• Advice and guidance to trade associations and consultants

How the CPSC Works with Manufacturers

Best Manufacturing Practices

Manufacturers and importers should use best practices to ensure safe products enter into the chain of commerce.

– Importers/suppliers must work as a team.–Know where and how your product will be

used. –Know and understand all requirements and

standards.–Comply with consensus standards and

technical regulations.

Best Manufacturing Practices

–Design safety into product. It is your responsibility to work with the designer.–Control your supply chain (supply

chain integrity).–Preventive action is better than

corrective action.–Avoid long-term repercussions:

Damage to Brand Name and “Made in My Country”.

Best Manufacturing Practices

–To avoid problems, samples should be tested randomly, early and often.–The cost of testing is a tiny fraction of the

costs associated with recalls and violations.–Seek products with third party

certification.–Unauthorized component substitutions can

easily lead to a recall.–Conduct spot inspections.

Best Manufacturing Practices

Dean W. Woodard, M.S.Director, Office of Education, Global Outreach, and

Small Business OmbudsmanE-mail: Dwoodard@cpsc.gov

Phone: 301-504-7651

Tilven M. BernalProgram Manager for the Western Hemisphere

International ProgramsE-mail: Tbernal@cpsc.gov

Phone: 301-504-7309

Contact Information