[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: 16CFR1610.38]

[Page 615-616]
 
                     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.  1610.38  Maintenance of records by those furnishing guaranties.

    (a) Any person or firm issuing an initial guaranty of a product, 
fabric, or related material which is subject to the Standard for the 
Flammability of Clothing Textiles (the Standard, 16 CFR part 1610) shall 
keep and maintain a record of the test or tests relied upon to support 
that guaranty. The records to be maintained shall show:
    (1) The style or range number, fiber composition, construction and 
finish type of each textile fabric or related material covered by an 
initial guaranty; or the identification, fiber composition, construction 
and finish type of each textile fabric (including those with a 
nitrocellulose fiber, finish or coating), and of each related material, 
used or contained in a product of wearing apparel covered by an initial 
guaranty.
    (2) The results of the actual test or tests made of the textile 
fabric or related material covered by an initial guaranty; or of any 
fabric or related material used in the product of wearing apparel 
covered by an initial guaranty.
    (3) When the person or firm issuing an initial guaranty has 
conducted the test or tests relied upon to support that guaranty, that 
person or firm shall also include with the information required by 
paragraphs (a) (1) and (2) of this section, a sample of each fabric or 
related material which has been tested.
    (b) Persons furnishing guaranties based upon class tests shall 
maintain records showing:
    (1) Identification of the class test.
    (2) Fiber composition, construction and finish type of the fabrics, 
or the fabrics used or contained in articles of wearing apparel so 
guaranteed.
    (3) A swatch of each class of fabrics guaranteed.
    (c) Persons furnishing guaranties based upon guaranties received by 
them shall maintain records showing:

[[Page 616]]

    (1) The guaranty received and identification of the fabrics or 
fabrics contained in articles of wearing apparel guaranteed in turn by 
them.
    (d) The records referred to in this section shall be preserved for a 
period of 3 years from the date the tests were performed, or in the case 
of paragraph (c) of this section the guaranties were furnished.
    (e) Any person furnishing a guaranty under section 8(a) of the act 
who neglects or refuses to maintain and preserve the records prescribed 
in this section shall be deemed to have furnished a false guaranty under 
the provisions of section 8(b) of the act.

(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)

[40 FR 59891, Dec. 30, 1975, as amended at 49 FR 48690, Dec. 14, 1984]