[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1610.37]

[Page 614-615]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1610_STANDARD FOR THE FLAMMABILITY OF CLOTHING TEXTILES--Table 
of Contents
 
                     Subpart B_Rules and Regulations
 
Sec.  1610.37  Reasonable and representative tests to support guaranties.

    (a) Purpose. The purpose of this Sec.  1610.37 is to establish 
requirements for reasonable and representative tests to support initial 
guaranties of products, fabrics, and related materials which are subject 
to the Standard for the Flammability of Clothing Textiles (the Standard, 
16 CFR part 1610).
    (b) Statutory provisions. (1) Section 8(a) of the Flammable Fabrics 
Act (FFA, 15 U.S.C. 1197(a)) provides that no person shall be subject to 
criminal prosecution under section 7 of the FFA (15 U.S.C. 1196) for a 
violation of section 3 of the FFA (15 U.S.C. 1192) if such person 
establishes a guaranty received in good faith to the effect that the 
product, fabric, or related material complies with the applicable 
flammability standard. A guaranty does not provide the holder any 
defense to an administrative action for an order to cease and desist 
from violation of the applicable standard, the FFA, and the Federal 
Trade Commission Act (15 U.S.C. 45), nor to any civil action for 
injunction or seizure brought under section 6 of the FFA (15 U.S.C. 
1195).
    (2) Section 8 of the FFA provides for two types of guaranties:
    (i) An initial guaranty based on ``reasonable and representative 
tests'' made in accordance with the applicable standard issued under the 
FFA; and
    (ii) A guaranty based on a previous guaranty, received in good 
faith, to the effect that reasonable and representative tests show 
conformance with the applicable standard.
    (c) Requirements. (1) Each person or firm issuing an initial 
guaranty of a product, fabric, or related material subject to the 
Standard shall devise

[[Page 615]]

and implement a program of reasonable and representative tests to 
support such a guaranty.
    (2) The term program of reasonable and representative tests as used 
in this Sec.  1610.37 means at least one test with results demonstrating 
conformance with the Standard for the product, fabric or related 
material which is the subject of an initial guaranty. The program of 
reasonable and representative tests required by this Sec.  1610.37 may 
include tests performed before the effective date of this section, and 
may include tests performed by persons or fims other than the one 
issuing the initial guaranty. The number of tests and the frequency of 
testing shall be left to the discretion of the person or firm issuing 
the initial guaranty.
    (3) In the case of an initial guaranty of a fabric or related 
material, a program of reasonable and representative tests may consist 
of one or more tests of the particular fabric or related material which 
is the subject of the guaranty, or of a fabric or related material of 
the same ``class'' of fabrics or related materials as the one which is 
the subject of the guaranty. For purposes of this Sec.  1610.37, the 
term class means a category of fabrics or related materials having 
general constructional or finished characteristics, sometimes in 
association with a particular fiber, and covered by a class or type 
description generally recognized in the trade.
    (d) Exemptions. 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, 
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.

(Sec.  5, Pub.L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; Sec.  30, Pub.L. 
92-573, 86 Stat. 1231, 15 U.S.C. 2079)

[49 FR 48689, Dec. 14, 1984; 50 FR 11847, Mar. 26, 1985]