3rd-Party Flammability Testing/Certification of Children's Textiles, Mattresses After Nov 16

• children’s clothing textiles¹ for compliance with the Standard for the Flammability of Clothing Textiles (16 CFR Part 1610); and

• children’s mattresses, mattress pads, and/or mattress sets² (collectively, mattresses) for compliance with the Standard for the Flammability of Mattresses and Mattress Pads (16 CFR parts 1632) and/or the Standard for the Flammability (Open Flame) of Mattress Sets (16 CFR Part 1633).

Must Use Third Party Labs, Issue Certifications for Flammability

On August 18, 2010, CPSC issued the third-party lab accreditation requirements for testing children’s clothing textiles and children’s mattresses for flammability.³This means that each domestic manufacturer or importer⁴ of children’s clothing textiles and children’s mattresses subject to 16 CFR Parts 1610, 1632, and/or 1633 that are manufactured 90 days later, or after November 16, 2010, must have these products tested by a CPSC accredited third-party lab and based on that testing, issue a certificate of compliance with these requirements.

FFA guarantees not sufficient. CPSC has explained that while manufacturer or supplier-issued FFA guarantees based on reasonable and representative testing are still sufficient for the issuance of General Conformity Certificates for non-children’s products, they are not sufficient for certification of children’s products. This is because the CPSIA requires children’s products subject to children’s product safety rules to be tested by a CPSC-accredited third party lab. (See CPSC notices for statement on FFA guarantees when the manufacturer’s facility is a CPSC-accredited firewalled lab.)

CPSC Clarifications for Children’s Clothing Textile Testing

CPSC has provided the following clarifications of testing requirements specific to the flammability of children’s clothing textiles:

May Test Separate Textiles or Final Garment

CPSC stated in its August notice that either the separate textiles or the final garment may be tested by a CPSC-accredited third-party lab to ensure that the textiles used meet the standard’s flammability requirements. This means that manufacturers or importers may submit a product for third-party testing at either the pre- or post- garment stage of production.

Does Not Apply to Textiles Already Exempt Under 16 CFR 1610

CPSC added that some clothing textiles are exempt from 16 CFR Part 1610 testing (i.e., the “heavy” plain surface fabrics and the acrylic, nylon, polyester fabrics set forth in 16 CFR 1610.1(d)⁵, and that manufacturers do not need to submit exempt clothing textiles to a CPSC accredited third-party lab to confirm that the exemption applies.

CPSC Clarifications for Children’s Mattress Testing

CPSC has provided the following clarifications of testing requirements specific to the flammability of children’s mattresses:

Prototype Must be Same as Final Product in Material, Design, Etc.

The smoldering ignition testing and the open flame testing required in 16 CFR parts 1632 and 1633 are based on prototype testing. Prototype testing must be conducted by a CPSC-accredited third party lab to form the basis for certification of final production mattresses, mattress pads, and/or mattress sets designed or intended primarily for children 12 years of age or younger, but only if the prototype is the same as the production unit with respect to materials, components, design, and method of assembly.

Ticking. The smoldering ignition rule (16 CFR Part 1632) contemplates substitution of materials such as ticking. The ticking substitution test must also be conducted by a CPSC-accredited third-party lab if used on a mattress and/or mattress pad designed or intended primarily for children 12 years of age or younger.

Once Accredited for Clothing Textiles or Mattresses, Labs Can Begin Testing

The CPSC maintains an up-to-date listing of test labs whose accreditations it has accepted and the scope of each accreditation (i.e, the specific children’s product safety rule for which that lab can test). Once the CPSC adds a lab to that list, the lab may begin testing to support certification.

(Comments on these requirements may still be submitted until September 17, 2010.)

¹CPSC stated that its lab accreditation notice on clothing textiles only addresses clothing textiles designed or intended primarily for children 12 years of age or younger. It does not address clothing textiles that are used in non-children’s wearing apparel.

²CPSC states that its lab accreditation notice on mattresses only addresses mattresses, mattress pads, and/or mattress sets that are designed or intended primarily for children 12 years of age or younger, such as youth and crib-size mattresses, pads, and/or sets. It does not address such products produced for general consumption.

³The CPSIA requires CPSC to issue third-party lab accreditation requirements for children’s product safety rules. It also requires products subject to these rules which are manufactured 90 days after publication of the lab accreditation requirements to be tested by a CPSC-accredited third-party lab and certified as meeting those requirements. However, in February and December of 2009, CPSC decided to stay enforcement of the CPSIA testing and certification requirements for the flammability of children’s clothing textiles and mattresses, as it had not yet issued lab accreditation requirements for them. Publication of the lab accreditation requirements in August 2010 effectively lifted the stay of enforcement. (See ITT’s Online Archives or 02/02/09 and 12/29/09 news, 09020205 and 09122920, for BP summaries of CPSC’s stay.)

⁴The CPSIA states that manufacturers (which includes importers) and private labelers must issue certificates of conformity based on testing by a third-party lab, but CPSC has interpreted the certification requirement as affecting domestic manufacturers (in the case of domestic products) and importers (in the case of imported products).

⁵16 CFR 1610.1(d) states that: “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 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.

(See ITT’s Online Archives or 08/18/10 news, 10081814, for BP summary of the August 201 lab accreditation requirements for children’s clothing textiles & mattresses.)

CPSC August 2010 notice on children’s clothing textiles available here.

CPSC August 2010 notice on children’s mattresses available here.