CPSC Overview of its Textile and Apparel Regulations

The following are highlights from the presentation (with some updated information added to reflect subsequent rulemakings, etc.):

Children's Outerwear Must Meet Drawstring Standard

CPSC expressed surprise that some manufacturers (including importers) still don't understand that CPSC considers children's clothing with an upper hood with a drawstring a considerable strangulation risk to children. There is a voluntary standard in place intended to reduce this risk and CPSC staff regularly seeks corrective action in cases involving products that fail to comply with this voluntary standard.

New "15j" rulemaking. In addition, the CPSIA provides CPSC with a new "15j" authority that in effect, allows CPSC to make parts of voluntary standards mandatory by specifying, by rule, for any consumer product or class of consumer products, characteristics whose existence or absence is deemed a substantial product hazard.

Since this presentation was given, CPSC announced it is working on a "15j" rulemaking for drawstrings. Once complete, CPSC will be able to stop and destroy products with drawstring hazards at ports of entry (or for domestic products, order a manufacturer to cease distribution) without having to go through the current "trial-like" process. (See ITT's Online Archives or 10/08/09 news, 09100810, for BP summary.)

Flammability Requirements Must be Met Before Apparel Introduced in Commerce

CPSC also discussed the long-standing mandatory flammability standards for wearing apparel that must be met before the products are introduced into commerce. These are:

General wearing apparel flammability standard. The general standard for flammability of clothing textiles of 16 CFR 1610 applies to both adult and children's wearing apparel. The standard provides a method for testing and establishes three classes of flammability, based on their speed of burning. CPSC states that Class 3 fabrics may not be used in apparel as they are dangerously flammable.

According to CPSC, Class 3 fabrics are generally made out of cellulosic fibers that have a raised fiber surface that end. Fabrics/products that often test as Class 3 include: sheer 100% rayon scarves or skirts, sheer 100% silk scarves, 100% rayon chenille sweaters. polyester cotton and 100% cotton fleece garments such as sweatshirts, polyester that is less than 20% in a polyester cotton blend, and 100% cotton terry cloth robes.

Suppliers often issue guarantees that their fabrics have been tested and comply with the flammability standard, though CPSC notes that certain fabrics and weights are exempt from testing as they always comply.

Children's sleepwear standard. Children's sleepwear means any product of children's wearing apparel, larger than 9 months, intended to be worn primarily for sleeping or activities related to sleeping except diapers and underwear, infant garments and tight fitting garments. CPSC notes that children's sleepwear includes bathrobes and a class of products called loungewear or leisurewear which generally have pull tie waists and are made out of flannel or a plain weave 100% cotton.

The standard requires children's sleepwear to be flame resistant and not continue to burn when removed from a flame source. CPSC twice emphasized that this standard requires that manufacturers test fabric, seams and trim on any prototype and the finished garment in order to manufacture that garment and put it on the market.

Tight-fitting sleepwear. Close-fitting sleepwear garments must meet specific sizing requirements and have a permanently attached label that reads, "where snug fitting, not flame resistant." This type of sleepwear must also have a yellow hang tag that gives point of purchase safety information on the pre-packaged garment. CPSC states that its compliance officers routinely check tight-fitting garments and measure them to ensure they meet the sizing requirements, etc.

(CPSC states that most children's apparel that is recalled is due to failure to comply with the drawstring and flammability standards.)

Children's Apparel Must Meet CPSIA Requirements for Lead Paint

CPSC also discussed newer requirements brought about by the CPSIA, including its reduction in the allowable limit of lead in paint and similar surface coatings of children's products, etc. from 600 parts per million (ppm) of the total weight of the dried paint film to 90 ppm on August 14, 2009.

(The long-standing lead paint ban of 16 CFR Part 1303 pertains to lead in (1) paint for consumer use, as well as the paint used on (2) toys and other articles intended for use by children that bear paint and (3) furniture for consumer use that bears paint.)

CPSC also reminded the trade that the CPSIA now requires manufacturers (includes importers³) of children's products subject to the lead paint ban to have such products tested by a CPSC-accredited third party lab and based on that testing, issue a certification that the products comply. They note that this requirement was not stayed by the one year testing and certification stay CPSC announced in February 2009.⁴

CPSC cautioned that painted buttons, thermal prints, and thermal transfers may contain lead and should be tested and certified. In addition, screen prints or any type of surface coating should be tested and certified.

Children's Apparel Must Meet New CPSIA Lead Content Limits

The CPSIA also set progressive limits on total lead content of children's products (consumer products designed or intended primarily for children 12 or younger). Though the presentation discussed the February 10, 2009 lead content limit of 600 ppm, on August 14, 2009, that limit dropped to 300 ppm (and if, technologically feasible, will drop again to 100 ppm on August 14, 2011).

The CPSIA also requires manufacturers (includes importers³) of children's products subject to the lead content limits to have such products tested by a CPSC-accredited third party lab and based on that testing, issue a certification that the products comply. However this requirement has been stayed for most products (except children's metal jewelry) until February 10, 2010, at which time the Commissioners will vote on the stay.

Most textiles exempt from testing. Also note that in August 2009, after publication of this presentation, CPSC published a final rule determining that certain materials or products, including textiles consisting of the following fibers meet the CPSIA lead content limits and therefore, do not need testing and certification:

natural fibers (dyed or undyed), including, but not limited to, cotton, kapok, flax, linen, jute, ramie, hemp, kenaf, bamboo, coir, sisal, silk, wool (sheep), alpaca, llama, goat (mohair, cashmere), rabbit (angora), camel, horse, yak, vicuna, qiviut, guanaco;

manufactured fibers (dyed or undyed) including, but not limited to, rayon, azlon, lyocell, acetate, triacetate, rubber, polyester, olefin, nylon, acrylic, modacrylic, aramid, and spandex.

Other components, after-treatments need testing. However, the final rule states that textiles with after-treatment applications including screen prints, transfers, decals, or other prints are not part of CPSC's determination and will need testing and certification. In addition, CPSC stated that non-exempt components of apparel such as snaps and zippers require lead content testing and certification.

(See ITT's Online Archives or 08/21/09 and 10/22/09 news, 09082110 and 09102205, for BP summaries of the August 2009 final rule and CPSC Policy Statement on testing and certification which discusses such exempt materials.)

Children's Apparel Must Have Tracking Labels or Marks

The CPSIA requires that for children's products manufactured on or after August 14, 2009, manufacturers (includes importers) place to the extent practicable, permanent, distinguishing marks on a product and packaging that enable the ultimate purchaser to ascertain the name of the manufacturer, location and date of production, and cohort information for that product (the batch, run number, etc.).

Note that in July 2009, after publication of this presentation, CPSC issued a policy statement providing guidance on this requirement. Among other things, CPSC stated that the requirement means "distinguishing marks," not a label, and that the information may be in code as long as it is "ascertainable." (See ITT's Online Archives or 07/22/09 news, 09072205, for BP summary.)

Textile & Apparel Industry Must Keep in Mind Prohibited Acts & Higher Penalties

CSPC reminded the textile and apparel trade that it is a prohibited act to:

manufacture, distribute or import any product that does not comply with a mandatory standard or ban under any act the CPSC enforces.

fail to immediately report information reasonably supporting a conclusion that a product contains a defect that could cause a substantial product hazard; (CPSC says not wait to until exhaustive investigations are finished before disclosing there might be a problem.)

fail to certify a product as complying with CPSC-enforced regulations, bans, etc; and

fail to include tracking labels on children's products.

Civil Penalties. With the CPSIA, the penalties associated with violations of prohibited acts or violations of standards under CPSC's authority increased. Any person who knowingly commits a violation is subject to a civil penalty of $100,000 (from $8,000) for each violation, with a maximum cap of $15 million (from $1.825 million). Criminal penalties including imprisonment are also possible for willful violations.

¹Consumer Product Safety Act, Flammable Fabrics Act, Federal Hazardous Substances Act.

²Enacted as Public Law 110-314 on August 14, 2008.

³In November 2008, CPSC issued a final rule streamlining and limiting the CPSIA certification requirement to domestic manufacturers (in the case of domestic products) or importers (in the case of imports), at least in the initial implementation phase. (See ITT's Online Archives or 11/13/08 news, 08111305, for BP summary.)

⁴There were several CPSIA testing and certification requirements that were not stayed for one year including: pre-CPSIA testing and certification; the ban on lead in paint and similar surface coatings; etc. (See ITT's Online Archives or 02/06/09 news, 09020610, for BP summary of the stay.)

CPSC contact - Mary Toro mtoro@cpsc.gov

CPSC transcript (dated March 2009) available at http://www.cpsc.gov/trans/textiles.html