CPSC Says "FFA Test Exempt" Fabric and Apparel, Other "Test Exempt" Products Subject to a Standard, Still Need Conformity Certificate
The Consumer Product Safety Improvement Act of 2008 (CPSIA1) greatly increases the range of products that require certificates of conformity, usually called a "supplier's declaration of conformity", for affected products manufactured on or after November 12, 2008.
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Conformity certificates are usually based on a test of the product or a reasonable testing program and certify that the product meets the specific standard(s), ban(s), etc. it is subject to.
Products Might Not Require Testing to a Standard, but Still Require Certification
However, certain products may be subject to a standard, but are not required to be tested to it. According to a CPSC presentation, such products still need conformity certification.
2.6 Ounce or More Plain Surface Fabric/Apparel and Any Nylon, Acrylic, Etc. Fabric/Apparel, Need Certification
Trade sources indicate that a CPSC official has stated publicly that this is the case for the following fabrics, and apparel made from them, which are exempt from testing under the Flammable Fabrics Act's Standard for the Flammability of Clothing Textiles (16 CFR 1610) but will still need conformity certificates under the CPSIA for products manufactured after November 12, 2008:
(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 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.
(Note that ITT's Online Archives 10/23/08 news, 08102305, regarding CPSIA's effect on textiles and apparel will be updated and republished to reflect this clarification by CPSC.)
1Enacted as Public Law 110-314 on August 14, 2008. In general, the CPSIA requires every manufacturer (includes importers) and private labeler, if applicable, of products manufactured on or after November 12, 2008, which are imported for consumption or warehousing or distributed in commerce and which are subject to any rule, standard, ban, etc. enforced by the Consumer Product Safety Commission (CPSC) to certify based on testing or a reasonable testing program that the product complies with the specific rule(s), standard(s), ban(s), or regulation(s) applicable to the product.