Expected Effect of New CPSC Law On Textiles and Apparel

The Consumer Product Safety Improvement Act (CPSIA¹) contains several provisions expected to affect textiles and apparel products, including children's textiles and apparel.

Textile and Apparel Subject to FFA, Etc. Expected to Need General Conformity Certificates After Nov 12th

The new legislation greatly increases the range of products that require general conformity testing and certification for products manufactured on or after November 12, 2008, including certain textiles and apparel.

Through general conformity certificates, usually called a "supplier's declaration of conformity," manufacturers (including the importer) and the private labeler, if applicable, certify, based on testing or a reasonable testing program that a product complies with the specific rules, standards, bans, etc. applicable to the product.

Under the CPSIA, such certificates are not only required for products subject to a consumer product safety rule under the Consumer Product Safety Act (CPSA) but also to any "similar" rule, standard, etc. under any other act enforced by CPSC (e.g. the new CPSIA, Federal Hazardous Substances Act (FHSA), Flammable Fabrics Act (FFA), etc.

The following are FFA standards for which general conformity testing and certification is expected to be required for products manufactured on or after November 12, 2008.

(Note that products that are exempt from a rule, standard, etc. do not require general testing and conformity certification to that rule, standard, etc. However, products that are only exempt from testing to a rule, standard, ban, etc. but remain "subject to" such rule, standard, etc., will require conformity certification to it (e.g. the "test exempt" fabrics under 16 CFR 1610 will require conformity certification.):

Standard for the Flammability of Clothing Textiles (16 CFR Part 1610). (16 CFR 1610) Clothing and textiles intended to be used for clothing.

Certain products are exempt from the standard and therefore will not require certification or testing to it (partial list): certain interlining fabrics, certain hats, certain gloves, and certain footwear.

However, the following types of fabrics, or products made entirely from one or more of these fabrics, are exempt from testing, and conformity certification is still required:

(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 textiles, 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.

Standard for the Flammability of Vinyl Plastic Film (16 CFR Part 1611). Clothing that contains vinyl plastic film and vinyl plastic film intended or sold for use in clothing. See standard for any exemptions.

Standards for the Flammability of Children's Sleepwear (16 CFR Parts 1615 and 1616). Children's sleepwear (as defined) or any fabric or related material intended or promoted for use in children's sleepwear, in sizes (i) 0 through 6X and (ii) 7 through 14, are subject to the more stringent children's sleepwear standards, rather than the standards for flammability of clothing textiles (16 CFR Part 1610) and vinyl plastic film (16 CFR Part 1611).

Certain diapers and underwear, certain infant garments, and certain tight-fitting garments are not defined as sleepwear, and are exempt from the stricter children's sleepwear standards, but must comply with the standards for flammability of clothing textiles (16 CFR Part 1610) and vinyl plastic film (16 CFR Part 1611). See standards for details.

Standard for the Surface Flammability of Carpets and Rugs (16 CFR Part 1630). Carpets and rugs made in whole or in part of fabric or related material and intended for use or which may reasonably be expected to be used as a floor covering, etc. See standard for any exemptions.

Standard for the Surface Flammability of Small Carpets and Rugs (16 CFR Part 1631). Small carpets and rugs made in whole or in part of fabric or related material, and intended for use or which may reasonably be expected to be used as a floor covering, with no dimension greater than 6 feet, etc. See standard for any exemptions.

Standard for the Flammability for Mattresses and Mattress Pads (16 CFR Part 1632). Mattresses (as defined) used alone or in combination with other products intended or promoted for sleeping upon. Mattress pads (as defined) for use on top of a mattress. See standard for any exemptions.

Standard for the Flammability of Mattress Sets (16 CFR Part 1633). Mattress sets, which are either a mattress and foundation labeled by the manufacturer for sale as a set or a mattress labeled by the manufacturer for sale without any foundation. See standard for any exemptions.

(See ITT's Online Archives or 10/22/08, 10/08/08 and 09/12/08 news, 08102205, 08100810 and 08091210, for BP summaries of CPSIA's general conformity certificate requirements.)

Upcoming Third Party Testing Requirement for Children's Textiles and Apparel

The CPSIA imposes an additional third-party testing requirement for children's products (designed or intended for children 12 and under²) by requiring that every manufacturer (including an importer) and private labeler, if applicable, of a children's product subject to a children's product safety rule³ have such product tested by an accredited third-party testing lab and, based on the testing, issue a certificate that the product meets all applicable CPSC requirements. Congress set a rolling schedule under which all certification for children's products must eventually be based on third-party testing (estimated to be complete by October 2, 2009).

(Note that until the third-party testing/certification requirements become mandatory for each specific children's product safety rule, children's products subject to an existing CPSA consumer product safety rule or "similar" rule, ban, etc. (including FFA standards) must meet the requirements for general conformity testing and certification, for goods manufactured on/after November 12, 2008.)

CPSC has previously stated that eventually, "practically all" children's products will be subject to third-party testing and certification, so children's textile and apparel are expected to affected. See ITT's Online Archives or 09/10/08 and 10/08/08 news, 08091005 and 08100810, for BP summaries of these CPSIA requirements.)

Lead paint ban for children's products. CPSC has already issued the third-party test lab requirements for testing children's products to the lead paint ban under 16 CFR 1303 (the first children's product safety rule for which third-party testing and certification will be required.) Therefore, children's products subject to this ban, such as textile and apparel products with painted buttons, buckles, zippers, ornaments, etc., manufactured after December 21, 2008, will need to be third-party tested/certified as meeting this requirement.

Progressive ban on lead content in children's products. The CPSIA also requires a progressive ban on children's products containing a certain amount of lead, with the first phase beginning February 10, 2009. On this date, children's products containing more than 600 parts per million total lead content by weight for any part of the product (e.g., apparel snaps, rivets, buttons, zippers, eyelets, etc.) will be considered banned hazardous substances. Therefore, 90 days after CPSC issues the third-party test lab accreditation requirements for testing this children's product safety rule, textiles and apparel that are subject to the lead content ban will need to be third party tested and certified as meeting it.

Note that there are certain exceptions to the lead content ban for inaccessible parts, however, paint, coatings, or electroplating may not be considered to be a barrier that would render lead in the substrate inaccessible to a child, or to prevent absorption of any lead into the human body, through normal and reasonably foreseeable use and abuse of the product. Therefore, textile and apparel products with lead in the substrate may be affected. (See ITT's Online Archives or 08/27/08 news, 08082705, for BP summary.)

Tracking Labels to be Required for Children's Textiles and Apparel in Aug 2009

The CPSIA also requires tracking labels on children's products (and packaging) designed or intended for children 12 years of age or younger, effective August 14, 2009. Such labels must enable the manufacturer (and ultimate purchaser) to ascertain the manufacturer, location and date of production, cohort information, etc. According to the CPSC, this tracking requirement is broad in scope and includes apparel and shoes. (See ITT's Online Archives or 09/15/08 news, 08091515, for BP summary.)

Formaldehyde Study

Not later than 2 years after CPSIA's enactment, the Comptroller General, in consultation with the CPSC, must conduct a study on the use of formaldehyde in the manufacture of textile and apparel articles, or in any component of such articles, to identify any risks to consumers caused by the use of formaldehyde in the manufacturing of such articles, or components of such articles.

(See the CPSIA for a complete description of its requirements related to textile and apparel products.)

¹Enacted as Public Law 110-314 on August 14, 2008.

²In determining whether a consumer product is primarily intended for children 12 years of age or younger, the CPSIA outlines certain factors to be considered, including a statement by the manufacturer about the intended use of the product, etc.

³For the purposes of third party testing/certification, "children's product safety rule" means "a consumer product safety rule under the CPSIA or similar rule, regulation, standard, or ban under any other Act enforced by the CPSC, including a rule declaring a consumer product to be a banned hazardous product or substance."

(See ITT's Online Archives or 08/04/08 news, 08080410, for comprehensive BP summary of the CPSIA. See ITT's Online Archives or 09/18/08 and 10/08/08 news, 08091805 and 08100810, for BP summaries of CPSC public meetings on the CPSIA, with links to numerous BP summaries on specific provisions of the law.)

CPSC brief summaries of CPSIA legislation available at http://www.cpsc.gov/about/cpsia/summaries.html

CPSC Web site on the CPSIA available at http://www.cpsc.gov/about/cpsia/cpsia.html

CPSIA available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ314.110.pdf.