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

subpart b - RULES AND REGULATIONS

1610.37 - Reasonable and representative tests to support guaranties.

  (a) Purpose. The purpose of this 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 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 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 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 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. 90189, 81 Stat. 569, 15 U.S.C. 1194; sec. 30, Pub.L. 92573, 86 Stat. 1231, 15 U.S.C. 2079) [49 FR 48689, Dec. 14, 1984; 50 FR 11847, Mar. 26, 1985]