CPSC Debates Lab Capacity & Tests for Flammability of Kids’ Sleepwear
In a November 3, 2010 open meeting of the Consumer Product Safety Commission the Commissioners discussed (but did not vote on) a draft Federal Register notice to establish accreditation requirements for third-party labs to test children's sleepwear in sizes 0-6X and 7-14 to the flammability requirements of 16 CFR Parts 1615 and 1616, respectively.
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(See ITT’s Online Archives or 10/28/10 news, 10102814, for BP summary of the draft CPSC notice and its November 3, 2010 scheduled vote on it.)
Testing/Certification Stay Would be Lifted 90 Days After Lab Notice Published
CPSC has previously explained that publication of these lab accreditation requirements would lift, 90 days after their publication, the stay of enforcement of the Consumer Product Safety Improvement Act of 2008 (CPSIA) third-party testing and certification requirements for the flammability of children’s sleepwear, which have been stayed since February 2009.1
Commissioners Question If Enough Labs to Test for Flammability
During discussion of the draft requirements, Commissioner Nord and Chairman Tenenbaum questioned whether there was sufficient lab capacity to test children’s sleepwear for flammability. Commissioner Nord was concerned that issuing the requirements for children’s sleepwear and children’s mattress flammability testing so close to the requirements for children’s clothing textile flammability testing would cause a log jam. She noted that there are no CPSC-accredited labs for flammability testing in Vietnam, which is one of the largest textile and apparel exporters to the U.S. (See ITT’s Online Archives or 11/04/10 news, 10110415, for BP reminder on flammability testing for children’s clothing textiles and mattresses after Nov. 16, 2010.)
60 Day Delay Possible if Trade Says too Few Labs
CPSC staff responded that there were currently 66 labs accredited to test for flammability and it assumed most, if not all, of those labs would seek expanded accreditation to test for the flammability of children’s sleepwear. They also stated their understanding from the trade that some manufacturers and importers are already third-party testing children’s sleepwear for flammability. Finally, they noted that the trade may seek a 60 day extension of the testing and certification requirements if the number of testing labs is insufficient. They rely on the trade to communicate such information through emails, phone calls, or formal petitions, and so far they have heard no reports of insufficient lab capacity.
Staff Proposing 3rd-Party Testing be Required at All Three Steps of Test
CPSC staff explained that the flammability standard for children’s sleepwear, which dates to the 1970s, is unique in that it involves three stages of testing: fabric testing, prototype testing in which seams and trims are tested, and final production unit testing. Because of the standard’s three-pronged requirement, CPSC has proposed that third-party testing be required at all three stages.
Staff state that to meet the first stage, the trade could simply buy fabric that was already third-party tested and certified as meeting the flammability requirements. However, they do not think it would be possible to meet the second stage’s requirements by buying third-party tested and certified trims. This is because the second stage involves testing seams and trims on a prototype garment, and the trims must be tested in the orientation in which they would be used in the final garment. They stated that the third prong of the test could not be met through component testing because it involves assessing the flammability of the final garment.
Commissioner Nord Wonders If Standard Should be Rewritten
Commissioner Nord wondered if the underlying flammability standard for children’s sleepwear should be rewritten to make the third-party testing requirements less onerous. Staff responded that consideration of the underlying standard was not part of their analysis in drafting the lab accreditation requirements notice.
1In February 2009, CPSC stayed enforcement for one year the CPSIA testing and certification requirements for many products and safety rules, including the flammability of children’s sleepwear. Later, in December 2009, the agency revised the terms of the stay by lifting it for some CPSC regulations and extending it for others. These sets of products fell under the category of products/safety rules for which the stay was extended until further notice by CPSC. (See ITT’s Online Archives or 02/02/09 and 12/29/09 news, 09020205 and 09122920, for BP summaries of the stay.)