[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: 16CFR1615.64]

[Page 661-662]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1615_STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: 
SIZES 0 THROUGH 6X (FF 3-71)--Table of Contents
 
                 Subpart C_Interpretations and Policies
 
Sec.  1615.64  Policy to clarify scope of the standard.

    (a) The Standard for Flammability of Children's Sleepwear: Size 0 
Through 6X (16 CFR part 1615) is applicable to any item of children's 
sleepwear in sizes 0 through 6X.
    (1) The term item is defined in the Standard at Sec.  1615.1(d) to 
mean ``any product of children's sleepwear, or any fabric or related 
material intended or promoted for use in children's sleepwear.''
    (2) The term children's sleepwear is defined in the Standard at 
Sec.  1615.1(a) to mean ``any product of wearing apparel up to and 
including size 6X, such as nightgowns, pajamas, or similar or related 
items, such as robes, intended to be worn primarily for sleeping or 
activities relating to sleeping. Diapers and underwear are excluded from 
the definition.''
    (b) The Commission makes the following statement of policy regarding 
(1) the phrase ``intended or promoted'' as used in the definition of 
``item'' in Sec.  1615.1(d), and (2) the phrase ``intended to be worn 
primarily for sleeping or activities related to sleeping'' as used in 
the definition of ``children's sleepwear'' in Sec.  1615.1(a).
    (c) For enforcement purposes, the meaning of these phrases will be 
interpreted by the Commission in accordance with the following 
principles:
    (1) Sleepwear fabrics and related materials. Whether fabric or 
related material is ``intended or promoted'' for use in children's 
sleepwear depends on the facts and circumstances in each case. Relevant 
factors include:
    (i) The nature of the fabric and its suitability for use in 
children's sleepwear;
    (ii) The extent to which the fabric or a comparable fabric has been 
sold to manufacturers of children's sleepwear for use in the manufacture 
of children's sleepwear garments; and
    (iii) The likelihood that the fabric will be used primarily for 
children's sleepwear in a substantial number of cases.
    (2) Sleepwear garments. Whether a product of wearing apparel is 
``intended to be worn primarily for sleeping or activities related to 
sleeping'' depends on

[[Page 662]]

the facts and circumstances present in each case. Relevant factors 
include:
    (i) The nature of the product and its suitability for use by 
children for sleeping or activities related to sleeping;
    (ii) The manner in which the product is distributed and promoted; 
and
    (iii) The likelihood that the product will be used by children 
primarily for sleeping or activities related to sleeping in a 
substantial number of cases.
    (3) The factors set forth in this policy statement are guidelines 
only, and are not elements of the definition of the term ``children's 
sleepwear'' in Sec.  1615.1(a) of the Standard. For this reason, a 
particular fabric or garment may meet the definition of ``children's 
sleepwear'' set forth in the Standard, even though all factors listed in 
this policy statement are not present.
    (d) Retailers, distributors, and wholesalers, as well as 
manufacturers, importers, and other persons (such as converters) 
introducing a fabric or garment into commerce which does not meet the 
requirements of the flammability standards for children's sleepwear, 
have an obligation not to promote or sell such fabric or garment for use 
as an item of children's sleepwear. Also, retailers, distributors, and 
wholesalers are advised not to advertise, promote, or sell as an item of 
children's sleepwear any item which a manufacturer, importer, or other 
person (such as a converter) introducing the item into commerce has 
indicated by label, invoice, or, otherwise, does not meet the 
requirements of the children's sleepwear flammability standards and is 
not intended or suitable for use as sleepwear. ``Infant garments'' as 
defined by Sec.  1615.1(c) and ``tight-fitting'' garments as defined by 
Sec.  1615.1(o) are exempt from the standard which requires flame 
resistance. They may be marketed as sleepwear for purposes of this 
section. Additionally, retailers are advised:
    (1) To segregate, by placement in different parts of a department or 
store, fabrics and garments covered by the children's sleepwear 
standards from all fabrics and garments that are beyond the scope of the 
children's sleepwear standards but which resemble items of children's 
sleepwear;
    (2) To utilize store display signs indicating the distinction 
between types of fabrics and garments, for example by indicating which 
are sleepwear items and which are not; and
    (3) To avoid the advertisement or promotion of a fabric or garment 
that does not comply with the children's sleepwear flammability standard 
in a manner that may cause the item to be viewed by the consumer as an 
item of children's sleepwear.

(Sec.  5, Pub.L. 90-189, 81 Stat. 569, 15 U.S.C. 1194; Sec.  30(b), Pub.L. 
92-573, 86 Stat. 1231, 15 U.S.C. 2079(b); 5 U.S.C. 553)

[49 FR 10250, Mar. 20, 1984, as amended at 64 FR 2832, Jan. 19, 1999; 64 
FR 34533, June 28, 1999]