U.S. Consumer Product Safety
Commission
What You Need to Know About U.S. Testing and Certification
Allyson Tenney
Regulatory Enforcement Division
Guatemala City, May 2012
These comments are those of the CPSC staff, have not been reviewed or approved by, and may not necessarily reflect the views of, the Commission.
Outline
• Introduction
• What is CPSC?
• What standards and requirements apply to
apparel and clothing?
– Flammable Fabrics Act (FFA)
– CPSIA
• Why must regulations be met?
2
• CPSC is an independent federal (United States
government) regulatory agency created to protect
the American public from unreasonable risks of
injury associated with consumer products.
• Commissioners are appointed by the President for
multiyear terms with confirmation by the Senate.
U.S. Consumer Product Safety
Commission (CPSC)
CPSC Jurisdiction
• Jurisdiction over thousands of different consumer products under the Consumer Product Safety Act
• Excludes some products covered by other federal agencies, such as:
– cars and related equipment (NHTSA);
– food, drugs, medical devices, cosmetics (FDA);
– firearms (BATF);
– airplanes (FAA);
– boats (Coast Guard); and
– pesticides (EPA). 4
Product Safety Concerns
• Products that fail to comply with a mandatory safety
standard or ban under the Acts;
• Products that fail to comply with voluntary standards,
and Commission staff has determined such failure to be
a substantial product hazard, such as strangulation and
entrapment hazards from drawstrings on children’s
upper outerwear;
• Products that contain a defect which could create a
“substantial product hazard”; and
• Products that create an “unreasonable risk” of serious
injury or death.
5
Jurisdictional Authority
• Jurisdictional Authority in 7 Acts – Consumer Product Safety Act (CPSA)
– Federal Hazardous Substances Act (FHSA)
– Poison Prevention Packaging Act (PPPA)
– Refrigerator Safety Act (RSA)
– Virginia Graeme Baker Pool & Spa Safety Act
(VGBA)
– Children’s Gasoline Burn Prevention Act
(CGBPA)
– Flammable Fabrics Act (FFA)
6
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 7
16 CFR Part 1610-Standard for the
Flammability of Clothing Textiles
• 16 CFR Part 1610 – commonly known as the General Wearing Apparel Standard
• Enacted in the 1950s
• Keeps the most dangerously flammable textile products and garments out of the marketplace
• The Standard applies to all adult and children’s wearing apparel, except children’s sleepwear, which must meet a more stringent standard.
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16 CFR Part 1610
• The Standard provides testing procedures and determines the relative flammability of textiles used in apparel using three classes of flammability.
• A 16 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).
• The burn time of several specimens is averaged and a Class (Class 1, 2, or 3) designation is made based on the average burn time (speed of burning) and surface characteristics of the sample.
• Class 3 textiles are considered dangerously flammable and are not suitable for use in clothing due to their rapid and intense burning.
9
General Overview of Test
Procedures: Part 1610
Step 1 – Testing in the original state
• Determine fabric type:
– plain surface textile fabric
– raised surface textile fabric
• Specimen size: 50mm x 150mm
(2 inches x 6 inches)
• Preliminary trials: to determine the
fastest burning area and direction of the
fabric
10
General Overview of Test
Procedures: Preliminary Trials
• Plain surface fabrics:
i) Cut two specimens—long dimension of one
specimen is in the vertical (warp) direction of the
fabric, and one is in the horizontal (filling) direction.
ii) Test to determine if there is a difference in burn
time.
11
General Overview of Test
Procedures: Preliminary Trials
• Raised surface fabrics: – i) Prepare the specimen so that the
direction of the lay is parallel to the long dimension of the specimen.
– ii) Determine the lay of the fabric pile by:
a) tactile and visual observation, or
b) preliminary tests to determine the fastest burning direction.
12
General Overview of Test
Procedures: Cutting
Specimens
• After preliminary trials,
cut five specimens with
the long dimension in
the direction with the
fastest burn time, as
determined by the
preliminary testing.
13
General Overview of Test
Procedures: Mounting
Specimens
Label specimen holder. Place back plate of specimen holder
on brushing device carriage.
14
General Overview of Test
Procedures: Mounting Specimens
Position specimen on back plate. Secure specimen in holder.
15
General Overview of Test
Procedures: Mounting Specimens
Tape may be used to
secure specimen further.
Specimens in specimen holding rack.
16
General Overview of Test
Procedures: Mounting
Specimens • (For raised surface
fabrics)
Use a fingernail to
determine the lay of the
pile, place the specimen
on the holder (the lay of
the pile is directed away
from the closed end of
the holder), and lower the
brush onto specimen.
17
General Overview of Test
Procedures: Mounting Specimens
• (For raised surface fabrics)
Brush specimen to raise fibers, and place brushed specimen in
specimen holding rack.
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General Overview of Test
Procedures: Conditioning Specimens
Conditioning Requirements:
Oven Temperature 105 ± 3 °C (221 ± 5 °F), Duration 30 ± 2 minutes
Place specimens in
oven.
19
General Overview of Test
Procedures: Conditioning
Specimens
• Place specimens over a bed of anhydrous silica gel
desiccant in a desiccator until cool, but not less than 15
minutes.
Place specimens in a desiccator to cool.
20
General Overview of Test
Procedures: Testing
16 mm (5/8 in)
Light Burner Check Flame Length 16mm (5/8 in).
21
General Overview of Test
Procedures: Testing
• Place specimen on the specimen rack, which allows the specimen to be held at a 45-degree angle, and adjust the specimen rack so that the indicator finger just touches the surface of the specimen.
22
General Overview of Test
Procedures: Testing
Pull stop thread through guides. Attach stop weight (30.0 0.5g).
23
General Overview of Test
Procedures: Testing
• Impinge flame (1 second). • Test 5 specimens. • Determine the average
burn time. • Determine burn type and
record proper test result code (raised fiber).
• Determine the next step in
testing, using test sequence in Standard.
24
Sample Classification
Summary of Sample Classifications
Classification Plain Surface Raised Fiber Surface
Class 1 Average burn time > 3.5 s
Average burn time > 7.0 s OR Average burn time is 0-7 s with no base
burns (SFBB)
Class 2 N/A Average burn time is 4-7 s with base burn (SFBB)
Class 3 Average burn time < 3.5 s
Average burn time < 4.0 s with base burn (SFBB)
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General Overview of Test
Procedures Refurbishment
• Only Class 1 or 2 .
• Dry clean all samples before laundering.
• Use ballast composed of 80% wool and 20% cotton
fabrics.
Requirements for Dry Cleaning
Solvent Perchloroethylene, Commercial Grade
Detergent Class Cationic
Cleaning Time 10-15 minutes
Extraction Time 3 minutes
Drying Temperature 60-66 °C (140-150 °F)
Drying Time 18-20 minutes
Cool Down/Deodorization Time
5 minutes
Load 80% of machine capacity
26
General Overview of Test Procedures:
Laundering
• After dry cleaning, perform one laundering of the sample
following AATCC Test Method 124.
Washing and Drying Conditions
Washing Cycle Normal/Cotton Sturdy
Wash Temperature 49±3°C (120±5°F)
Rinse Temperature < 29°C (85°F)
Drying Procedure Tumble, Permanent Press
Technical Requirements for Laundering
Washing Machine Conditions
Water Level 18 ± 1 gal
Agitator Speed 179 ± 2 spm
Washing Time 12 min
Spin Speed 645 ± 15 rpm
Final Spin Cycle 6 min
Wash Load max 8 lbs (3.63 kg)
Detergent AATCC 1993 Std Reference
Detergent Powder
Amount 66.0 ± 0.1 g
Dryer Conditions Exhaust Temperature 66 ± 5 °C (150 ± 10
°F)
Cool Down Time 10 min
27
General Overview of Test
Procedures: Testing (Step 2)
• Once the refurbishment process is completed,
repeat the entire test procedure (including
preliminary tests) with the refurbished specimens.
• The test procedure is the same as for Step 1 –
testing in the original state.
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Final Sample Classification
Summary of Sample Classifications
Classification Plain Surface Raised Fiber Surface
Class 1 Average burn time > 3.5 s
Average burn time > 7.0 s OR Average burn time is 0-7 s with no base
burns (SFBB)
Class 2 N/A Average burn time is 4-7 s with base burn (SFBB)
Class 3 Average burn time < 3.5 s
Average burn time < 4.0 s with base burn (SFBB)
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General Overview of
Part 1610: Results
• Class 1 – fabrics have no unusual burning characteristics and are acceptable for use in clothing
• Class 2 – intermediate flammability- use with caution
• Class 3 – fabrics are dangerously flammable and CANNOT be used in wearing apparel
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General Overview of Test
Procedures: Specific Exemptions
1. Plain surface fabrics ≥88.2 g/m2 (2.6 oz/yd2),
regardless of fiber content
2. 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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Common Noncomplying
Products (Part 1610)
• 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
garments
• 100% cotton terry cloth robes
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23
16 CFR Parts 1615 & 1616- Standards
For The Flammability of Children’s
Sleepwear • The children’s sleepwear standards, 16 CFR Parts 1615
and 1616) were developed in the early 1970s to address
the ignition of children’s sleepwear, such as nightgowns,
pajamas, and robes.
• All fabrics and garments must self-extinguish (not continue
to burn) when removed from a small, open-flame ignition
source.
• 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.
Children’s Sleepwear Standards
16 CFR Parts 1615 & 1616
• Children’s sleepwear means any product of
wearing apparel intended to be worn primarily
for sleeping or activities related to sleep in sizes
larger than 9 months through size 14.
• Nightgowns, pajamas, robes, or similar or
related items (such as loungewear) are
included.
• Exceptions are:
1. diapers and underwear;
2. infant garments (sizes 9 months or younger);
3. tight-fitting garments (as defined in the
Standards). 1615/16: Children’s Sleepwear
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Children’s Sleepwear Standards
16 CFR Parts 1615 & 1616
Diapers and Underwear (exempt)
• Must comply with 16 CFR Part 1610
Infant garments (exempt)
• 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
1615/16: Children’s Sleepwear 35
Children’s Sleepwear Standards
16 CFR Parts 1615 & 1616
Tight-Fitting (exempt)
• Tight-fitting garments (defined by the
Standards) are exempt from testing to the
sleepwear requirements.
• Must meet specific maximum dimensions.
• Must comply with 16 CFR Part 1610.
• Must meet labeling requirements.
1615/16: Children’s Sleepwear 36
Tight-Fitting Sleepwear
• The sizes of chest, waist, seat, upper arm, thigh,
wrist, and ankle do not exceed the maximum
dimension specified in the Standards for different
sizes of garments.
• Has no item of fabric, ornamentation, or trim
extend more than 6 mm (1/4’’) from the point of
attachment to the outer surface of the garment
1615/16: Children’s Sleepwear 37
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Tight-Fitting Labeling
• A mandatory labeling requirement was
developed for tight-fitting garments in
2000.
• Permanent neck label that reads:
WEAR SNUG-FITTING
NOT FLAME RESISTANT.
• A hangtag that gives point-of-purchase
safety information (yellow tag) or a
smaller version of the hang-tag can be
used on prepackaged garments.
Tight-Fitting Garment Measurement Illustration (See the Standards for measurement details and requirements)
Chest Measurement Upper Arm Measurement
1615/16: Children’s Sleepwear 39
Tight-Fitting Garment Measurement Illustration (See the Standards for measurement details and requirements)
Wrist Measurement Waist Measurement
1615/16: Children’s Sleepwear 40
Tight-Fitting Garment Measurement Illustration (See the Standards for measurement details and requirements)
Waist Measurement
Seat Measurement
1615/16: Children’s Sleepwear 41
Tight-Fitting Garment Measurement Illustration (See the Standards for measurement details and requirements)
Thigh Measurement Ankle Measurement
1615/16: Children’s Sleepwear 42
Children’s Sleepwear Standards
16 CFR Parts 1615 & 1616
• Children’s sleepwear (that is not tight-
fitting) must pass the flammability
requirements and must be flame
resistant and not continue to burn when
removed from a small flame.
• The fabric and garments must pass
certain flammability tests.
• This includes nightgowns, pajamas,
bathrobes, and loungewear (loungewear
policy).
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General Overview of Test Method
• Tests of fabric, seams, and trim testing
• Each test sample consists of five specimens.
• Tests conducted in original state and after 50
laundering cycles (if the sample passes the
original state test)
• Production testing and recordkeeping
requirements
• Tested samples required to be retained
1615/16: Children’s Sleepwear 44
Summary of Test Method
• Five 8.9 cm x 25.4 cm (3.5
inches x10 inches) specimens of
fabric, seams, and trim.
• Specimens are conditioned
before testing.
• Each specimen is placed in a
metal holder and suspended
vertically in the test cabinet.
• The gas flame of 3.8 cm (1.5
inches) is applied to the bottom
edge of the specimen for 3
seconds.
• Char (burn) length is measured
after the flame/afterglow has
ceased.
Specimen is placed in a metal holder
1615/16: Children’s Sleepwear 45
General Overview of Test Method
Determine Fabric Weight
Measure fabric weight before testing
(Conditioned for at least 8 h at 21 1.1 C
and 65 ±2% relative humidity)
Different loads to be used
for different fabric weights
1615/16: Children’s Sleepwear
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General Overview of Test Method
Cutting Specimens
Specimen size: 8.9 cm x 25.4 cm (3.5” x 10.0”)
For fabric specimens, cut two specimens in one
fabric direction (warp or filling) and three
specimens in the other fabric direction for each
test sample.
1615/16: Children’s Sleepwear 47
General Overview of Test Method
Mounting Specimens
• Mount specimen in the specimen holder.
• The bottom edge of the specimen is to be even with the bottom of the specimen holder.
• The sides of the specimen holder shall be clamped with clamps, and the specimen may be taped in the holder as well.
1615/16: Children’s Sleepwear 48
General Overview of Test Method
Conditioning Specimens
Conditioning Requirements:
Oven Temperature
105 ± 3°C (221 ± 5 °F)
Duration 30 ± 2 minutes
Place the specimen in oven
1615/16: Children’s Sleepwear 49
General Overview of Test Method
Conditioning Specimens
• Remove the specimens
from the oven and place
them in the desiccator for
30 minutes to cool, but no
more than 60 minutes.
1615/16: Children’s Sleepwear 50
General Overview of Test Method
Testing
Light the burner and check that the flame height is
3.8 cm (1.5 inches).
1615/16: Children’s Sleepwear 51
General Overview of Test Method
Testing
• Remove the specimen from the desiccator.
• Suspend the specimen vertically in the test
cabinet.
1615/16: Children’s Sleepwear 52
General Overview of Test Method
Testing
Impinge the burner flame on the bottom edge of the
specimen for 3.0 0.2 seconds.
1615/16: Children’s Sleepwear 53
General Overview of Test Method
Char (Burn) Length Measurement
Remove the specimen from
the cabinet and holder
when flame/afterglow has
ceased, and place it on a
flat surface. Fold and
crease the specimen
firmly by hand lengthwise
along a line through the
highest peak of the
charred area.
1615/16: Children’s Sleepwear 54
General Overview of Test Method
Char Length Measurement Unfold the specimen and insert the hook with correct
weight (determined by sample fabric weight, see the
Standards for details) in the specimen on one side of the
charred area 6.4mm (0.25”) from the lower edge.
Tear the specimen by grasping the other lower edge of the
specimen and raising the specimen.
1615/16: Children’s Sleepwear 55
General Overview of Test Method
Char Length Measurement
Measure the char length – the distance from the end of the tear to the bottom edge of the specimen. Report the value of char length for each specimen and the average char length for each set of five specimens.
1615/16: Children’s Sleepwear 56
General Overview of Test Method
Test Criteria
• The average char length of 5 specimens cannot
exceed 17.8 cm (7.0 inches).
• No individual specimen can have a char length of
25.4cm (10.0 inches) (full-specimen burn).
1615/16: Children’s Sleepwear 57
General Overview of Test Method
Laundering
If the sample meets the test criteria, then launder the sample 50
times following AATCC Test Method 124-2006. Repeat the
same test as in the original state testing after laundering.
Technical Requirements for Laundering
Washing Machine Conditions Water Level 18 ± 1 gal
Agitator Speed 179 ± 2 spm
Washing Time 12 min
Spin Speed 645 ± 15 rpm
Final Spin Cycle 6 min
Wash Load Max 3.64 kg (8 lbs)
Detergent AATCC 1993 Std Reference Detergent Powder
Amount 66.0 ± 0.1 g
Dryer Conditions Exhaust Temperature 66 ± 5 °C (150 ± 10 °F)
Cool Down Time 10 min
1615/16: Children’s Sleepwear 58
Washing and Drying Conditions
Washing Cycle Normal/Cotton Sturdy
Wash Temperature 60±3°C (140±5°F)
Rinse Temperature < 29°C (85°F)
Drying Procedure Tumble, Permanent Press
CPSIA Requirements:
Adult Clothing
• Certification by manufacturer or importer to
meet requirements for all apparel (February
2010)
• General Certificate of Conformity (GCC)
required
• Under 16 CFR Part 1610: GCC required for
specific exemptions
59
CPSIA Requirements-Children’s
Clothing and Sleepwear “Children’s product” – Congress defined
children’s product to mean a product designed or intended primarily for children 12 years of age or younger.
• Certification based on testing performed by an accredited third party laboratory recognized by the CPSC
• Children’s Product Certificate (CPC) required
• Lead content and surface coating limits must be met for certain components of textile products.
– For example, buttons, snaps, grommets, zippers, heat transfers, and screen prints
• Tracking labels required
• Sleepwear (childcare article) for children under 3 subject to phthalate requirements
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Standard Prohibiting Lead-Containing
Paint in Children’s Products
• Lead poisoning in children is associated with behavioral
problems, learning disabilities, and growth retardation.
• 16 CFR Part 1303 protects consumers, especially
children, from being poisoned from excessive lead in
surface coatings on certain products. Includes surface
coatings on toys or other articles intended for use by
children, including clothing accessories.
• The ban covers paint or any other similar surface coating
that contains more than 0.009% lead (lead containing
paint).
• The CPSIA reduced this level over time
• Requires third party testing and certification
61
CPSIA Lead Content Limits
• Section 101 limits the amount of lead content in all
products for children 12 years of age and younger:
600 ppm (February 10, 2009) to
300 ppm (August 14, 2009) to
100 ppm (August 14, 2011)
Lead Content in Children’s
Products
• February 6, 2009, CPSC staff issued an
enforcement policy on lead that is
significant to the textile industry.
• 16 CFR 1500.91 lists determinations
made by CPSC staff where certain
materials will not exceed lead limits;
includes dyed or undyed textiles and
nonmetallic thread and trim used in
children’s apparel and fabric products.
63
Requirements for Tracking Labels
on Children’s Products and Packaging
• Require manufacturers of children’s products, “to the
extent practicable,” to place distinguishing marks on
a product and its packaging that would enable the
purchaser to ascertain the source, date, and cohort
(including the batch, run number, or other identifying
characteristic) of production of the product by
reference to those marks.
• Effective Date: August 14, 2009
64
Drawstrings on Children’s
Clothing
In 1996 CPSC issued guidelines later adopted
by ASTM in 1997 (ASTM F1816-97)
May 2006 letter to industry
Applies to upper outwear, jackets, and
sweatshirts
Substantial product hazard
Sizes 2T-12 (or equivalent) with neck or hood
drawstrings
Sizes 2T-16 (or equivalent) with
waist or bottom drawstrings
that do not meet specified
criteria 65
Common Problems Found on
Children’s Clothing
• Zipper pulls - Some zipper pulls and
decorative snaps contain high levels of lead.
• Painted snaps
• Drawstrings - Drawstrings on children’s
clothing present a strangulation hazard
(ASTM F1816-97, Standard Safety
Specification for Drawstrings on Children’s
Upper Outwear)
• CPSC continues to recall those products.
66
Violations/Prohibited Acts
• The Consumer Product Safety Act (CPSA), Flammable Fabrics Act (FFA), and the Federal Hazardous Substances Act (FHSA) make it unlawful to:
• manufacture for sale, sell, offer for sale, distribute or import any product that does not comply with a mandatory standard or ban under any act the Commission enforces;
• fail to report information as required by section 15(b) (CPSA);
• fail to certify; and
• fail to include tracking labels when appropriate.
67
Corrective Actions
• Section 15(b) of the Consumer Product Safety Act requires manufacturers, distributors, and retailers to report to CPSC “immediately” if they obtain information raising safety concerns about products they make or sell.
• The Commission may order a manufacturer, distributor or retailer to: – Recall, notify the public of the problem, and/or to take
corrective action, and/or
– Repair, replace the product at no charge, or refund the purchase price.
68
69
Penalties
• Any person who knowingly commits a violation is subject to a civil penalty of $100,000 for each violation (CPSIA).
• The maximum civil penalty for a related series of violations is capped at $15.15 million (January 2012).
• Criminal penalties (including imprisonment) are also possible for willful violations.
48
Refusal of Admission
• Under section 17(a), a consumer product must be refused admission to the U.S. if it:
– fails to comply with an applicable consumer product safety rule (CPSA standard or ban)
– is not accompanied by a required certificate or tracking label or is accompanied by a false certificate
– is or has been determined to be imminently hazardous in a section 12 proceeding
– has a defect that constitutes a substantial product hazard
– was imported by a person not in compliance with inspection and recordkeeping requirements.
Summary-Clothing • Adult clothing:
– 16 CFR Part 1610 (Flammability)
– GCC Required
• Children’s Clothing:
– 16 CFR Part 1610 (Flammability)
– CPC Required, Third Party Testing
– Lead Content
– Lead Surface Coating
– Tracking Labels
– Drawstring Requirements 71
Summary-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)
72
For Further Information:
Allyson Tenney
Lead Compliance Officer
Office of Compliance and Field
Operations
301-504-7567
U.S. Consumer Product Safety Commission
4330 East-West Highway
Bethesda, MD USA 20814-4408
www.cpsc.gov
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