[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: 16CFR1616.2]

[Page 663-669]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1616_STANDARD FOR THE FLAMMABILITY OF CHILDREN'S SLEEPWEAR: 
SIZES 7 THROUGH 14 (FF 5-74)--Table of Contents
 
                         Subpart A_The Standard
 
Sec.  1616.2  Definitions.

    In addition to the definitions given in section 2 of the Flammable 
Fabrics Act, as amended (15 U.S.C. 1191), the following definitions 
apply for purposes of this Standard:
    (a) Children's sleepwear means any product of wearing apparel size 7 
through 14, such as nightgowns, pajamas, or similar or related items, 
such as robes, intended to be worn primarily for sleeping or activities 
related to sleeping, except:
    (1) Diapers and underwear; and
    (2) ``Tight-fitting garments'' as defined by section 1616.2(m), 
below.
    (b) Sizes 7 through 14 means the sizes defined as 7 through 14 in 
Department of Commerce Voluntary Product Standards PS 54-72 and PS 36-
70, previously identified as Commercial Standards, CS 153-48, ``Body 
Measurements for the Sizing of Girls' Apparel'' and CS 155-50, ``Body 
Measurements for the Sizing of Boys' Apparel'', respectively. \1\
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    \1\ Copies available from the National Technical Information 
Service, 5285 Port Royal Street, Springfield VA 22151. The ordering 
number for PS 54-72 (CS 153-48), on girls' apparel sizing, is COM 73-
50603; the ordering number for PS 36-70 (CS 155-50), on boys' apparel 
sizing, is PB 86125648.
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    (c) Item means any product of children's sleepwear or any fabric of 
related material intended or promoted for use in children's sleepwear.
    (d) Trim means decorative materials, such as ribbons, laces, 
embroidery, or ornaments. This definition does not include (1) 
individual pieces less than 2 inches in their longest dimension, 
provided that such pieces do not constitute or cover in aggregate a 
total of more than 20 square inches of the item or (2) functional 
materials (findings), such as zippers, buttons or elastic bands, used in 
the construction of garments.
    (e) Test criteria means the average char length and the maximum char 
length which a sample of specimen may exhibit in order to pass an 
individual test.
    (f) Char length means the distance from the original lower edge of 
the specimen exposed to the flame in accordance with the procedure 
specified in Sec.  1616.5 Test procedure to the end of the tear or void 
in the charred, burned, or damaged area, the tear being made in 
accordance with the procedure specified in Sec.  1615.5(c)(2) Specimen 
burning and evaluation.
    (g) Afterglow means the continuation of glowing of parts of a 
specimen after flaming has ceased.
    (h) Fabric piece (piece) means a continuous, unseamed length of 
fabric, one or more of which make up a unit.
    (i) Fabric production unit (unit) means any quantity of finished 
fabric up to 4,600 linear m. (5,000 linear yds.) for Normal Sampling or 
9,200 linear m. (10,000 linear yds.) for Reduced Sampling which has a 
specific identity that remains unchanged throughout the unit except for 
color or print pattern as specified in Sec.  1616.4(a). For purposes of 
this definition, finished fabric means

[[Page 664]]

fabric in its final form after completing its last processing step as a 
fabric except for slitting.
    (j) Garment production unit (unit) means any quantity of finished 
garments up to 500 dozen which have a specific identity that remains 
unchanged throughout the unit except for size, trim, findings, color, 
and print patterns as specified in Sec.  1616.4(a).
    (k) Sample means five test specimens.
    (l) Specimen means an 8.90.5 x 25.40.5 cm. (3.50.2 x 100.2 in.) section of fabric. For garment testing, the 
specimen will include a seam or trim.
    (m) Tight-fitting garment means a garment which:
    (1)(i) In each of the sizes listed below does not exceed the maximum 
dimension specified below for the chest, waist, seat, upper arm, thigh, 
wrist, or ankle:

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                                       Chest      Waist       Seat    Upper arm    Thigh      Wrist      Ankle
----------------------------------------------------------------------------------------------------------------
          Size 7 Boys \1\

Maximum dimension:
    Centimeters....................       63.5       58.4         66       18.7       37.2       13.0       18.7
    (inches).......................       (25)       (23)       (26)   (7\3/8\)  (14\5/8\)   (5\1/8\)   (7\3/8\)

            Size 7 Girls

Maximum dimension:
    Centimeters....................       63.5       58.4       67.3       18.7       38.7       13.0       18.7
    (inches).......................       (25)       (23)  (26\1/2\)   (7\3/8\)  (15\1/4\)   (5\1/8\)   (7\3/8\)

          Size 8 Boys \1\

Maximum dimension:
    Centimeters....................         66       59.7       67.3       19.4       38.4       13.3       19.1
    (inches).......................       (26)  (23\1/2\)  (26\1/2\)   (7\5/8\)  (15\1/8\)   (5\1/4\)   (7\1/2\)

            Size 8 Girls

Maximum dimension:
    Centimeters....................         66       59.7       71.1       19.4       41.3       13.3       19.1
    (inches).......................       (26)  (23\1/2\)       (28)   (7\5/8\)  (16\1/4\)   (5\1/4\)   (7\1/2\)

          Size 9 Boys \1\

Maximum dimension:
    Centimeters....................       68.6       61.0       69.2         20       39.7       13.7       19.4
    (inches).......................       (27)       (24)  (27\1/4\)   (7\7/8\)  (15\5/8\)   (5\3/8\)   (7\5/8\)

            Size 9 Girls

Maximum dimension:
    Centimeters....................       68.6       61.0       73.7         20       42.6       13.7       19.4
    (inches).......................       (27)       (24)       (29)   (7\7/8\)  (16\3/4\)   (5\3/8\)   (7\5/8\)

          Size 10 Boys \1\

Maximum dimension:
    Centimeters....................       71.1       62.2       71.1       20.6       41.0         14       19.7
    (inches).......................       (28)  (24\1/2\)       (28)   (8\1/8\)  (16\1/8\)   (5\1/2\)   (7\3/4\)

           Size 10 Girls

Maximum dimension:
    Centimeters....................       71.1       62.2       76.2       20.6       43.8         14       19.7
    (inches).......................       (28)  (24\1/2\)       (30)   (8\1/8\)  (17\1/4\)   (5\1/2\)   (7\3/4\)

          Size 11 Boys \1\

Maximum dimension:
    Centimeters....................       73.7       63.5       73.7         21       42.2       14.3         20
    (inches).......................       (29)       (25)       (29)   (8\1/4\)  (16\5/8\)   (5\5/8\)   (7\7/8\)

           Size 11 Girls

Maximum dimension:
    Centimeters....................       73.7       63.5       78.7         21       45.1       14.3         20
    (inches).......................       (29)       (25)       (31)   (8\1/4\)  (17\3/4\)   (5\5/8\)   (7\7/8\)

          Size 12 Boys \1\

Maximum dimension:
    Centimeters....................       76.2       64.8       76.2       21.6       43.5       14.6       20.3
    (inches).......................       (30)  (25\1/2\)       (30)   (8\1/2\)  (17\1/8\)   (5\3/4\)        (8)

           Size 12 Girls

Maximum dimension:
    Centimeters....................       76.2       64.8       81.3       21.6       46.7       14.6       20.3
    (inches).......................       (30)  (25\1/2\)       (32)   (8\1/2\)  (18\1/2\)   (5\3/4\)        (8)


[[Page 665]]


          Size 13 Boys \1\

Maximum dimension:
    Centimeters....................       78.7         66       78.7       22.2       44.8       14.9       20.6
    (inches).......................       (31)       (26)       (31)   (8\3/4\)  (17\5/8\)   (5\7/8\)   (8\1/8\)

           Size 13 Girls

Maximum dimension:
    Centimeters....................       78.7         66       83.8       22.2       47.6       14.9       20.6
    (inches).......................       (31)       (26)       (33)   (8\3/4\)  (18\3/4\)   (5\7/8\)   (8\1/8\)

          Size 14 Boys \1\

Maximum dimension:
    Centimeters....................       81.3       67.3       81.3       22.9         46       15.2         21
    (inches).......................       (32)  (26\1/2\)       (32)        (9)  (18\1/8\)        (6)   (8\1/4\)

           Size 14 Girls

Maximum dimension:
    Centimeters....................       81.3       67.3       86.4       22.9       49.5       15.2         21
    (inches).......................       (32)  (26\1/2\)       (34)        (9)  (19\1/2\)        (6)   (8\1/4\)
----------------------------------------------------------------------------------------------------------------
 \1\ Garments not explicitly labeled and promoted for wear by girls must not exceed these maximum dimensions.

    (ii) Note: Measure the dimensions on the front of the garment. Lay 
garment, right side out, on a flat, horizontal surface. Smooth out 
wrinkles. Measure distances as specified below and multiply them by two. 
Measurements should be equal to or less than the maximum dimensions 
given in the standards.
    (A) Chest--measure distance from arm pit to arm pit (A to B) as in 
Diagram 1.
    (B) Waist--See Diagram 1. One-piece garment, measure at the 
narrowest location between arm pits and crotch (C to D). Two-piece 
garment, measure width at both the bottom/sweep of the upper piece (C to 
D) and, as in Diagram 3, the top of the lower piece (C to D).
    (C) Wrist--measure the width of the end of the sleeve (E to F), if 
intended to extend to the wrist, as in Diagram 1.
    (D) Upper arm--draw a straight line from waist/sweep D through arm 
pit B to G. Measure down the sleeve fold from G to H. Refer to table 
below for G to H distances for each size. Measure the upper arm of the 
garment (perpendicular to the fold) from H to I as shown in Diagram 1.

[[Page 666]]

[GRAPHIC] [TIFF OMITTED] TR19JA99.017


               Distance From Shoulder (G) to (H) for Upper Arm Measurement for Sizes 7 Through 14
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      7              8              9            10            11            12            13            14
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     11.4 cm        11.7 cm       11.9 cm       12.5 cm       12.8 cm       13.1 cm       13.7 cm       14.2 cm
 4\1/2\    5\1/8\           eq>       thn-eq>       thn-eq>                     thn-eq>       thn-eq>       thn-eq>
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    (E) Seat--Fold the front of the pant in half to find the bottom of 
the crotch at J as in Diagram 2. The crotch seam and inseam intersect at 
J. Mark point K on the crotch seam at 4 inches above and perpendicular 
to the bottom of the crotch. Unfold the garment as in Diagram 3. Measure 
the seat from L to M through K as shown.
    (F) Thigh--measure from the bottom of the crotch (J) 1 inch down the 
inseam to N as in Diagram 2. Unfold the garment and measure the thigh 
from the inseam at N to O as shown in Diagram 3.
    (G) Ankle--measure the width of the end of the leg (P to Q), if 
intended to extend to the ankle, as in Diagram 3.

[[Page 667]]

[GRAPHIC] [TIFF OMITTED] TR19JA99.018

    (2) Has no item of fabric, ornamentation or trim, such as lace, 
appliques, or ribbon, which extends more than 6 millimeters (\1/4\ inch) 
from the point of attachment to the outer surface of the garment;
    (3) Has sleeves which do not exceed the maximum dimension for the 
upper arm at any point between the upper arm and the wrist, and which 
diminish in width gradually from the top of the shoulder (point G in 
Diagram 1) to the wrist;
    (4) Has legs which do not exceed the maximum dimension for the thigh 
at any point between the thigh and the ankle, and which diminish 
gradually in width between the thigh and the ankle;
    (5) In the case of a one-piece garment, has a width which does not 
exceed the maximum dimension for the chest at any point between the 
chest and the waist and which diminishes gradually from the chest to the 
waist; and has a width which does not exceed the maximum dimension for 
the seat at any point between the seat and the waist and which 
diminishes gradually from the seat to the waist;
    (6) In the case of a two-piece garment, has an upper piece with a 
width which does not exceed the maximum distance for the chest at any 
point between the chest and the bottom of that piece and which 
diminishes gradually from the chest to the bottom of that piece; in the 
case of an upper piece with fastenings, has the lowest fastening within 
15 centimeters (6 inches) of the bottom of that piece;
    (7) In the case of a two-piece garment, has a lower piece with a 
width which does not exceed the maximum dimension for the seat at any 
point between the seat and the top of the lower piece and which 
diminishes gradually from the seat to the top of that piece;
    (8) Complies with all applicable requirements of the Standard for 
the Flammability of Clothing Textiles (16 CFR part 1610) and the 
Standard for the

[[Page 668]]

Flammability of Vinyl Plastic Film (16 CFR part 1611); and
    (9) Bears a label stating the size of the garment; for example 
``Size 7.'' If the label is not visible to the consumer when the garment 
is offered for sale at retail, the garment size must appear legibly on 
the package of the garment.
    Effective date: These amendments shall become effective on January 
1, 1997, and shall be applicable to garments which are introduced into 
commerce on or after that date.
    (10)(i) Hangtags. Bears a hangtag as shown following this paragraph 
stating ``For child's safety, garment should fit snugly. This garment is 
not flame resistant. Loose-fitting garment is more likely to catch 
fire.'' The hangtag must measure 1\1/2\ x 6\1/4\. 
The text must be enclosed in a text box that measures 1 x 
5\3/4\ and must be in 18 point Arial/Helvetica font. The 
hangtag must have a yellow background and black lettering. The color 
yellow must meet the specifications for Standard Safety Yellow (Hue 
5.OY; Value/Chroma 8.0/12) as described in American National Standard 
ANSI Z535.1-1998, Safety Color Code, p.6, under Munsell Notation. \2\ 
One side of the hangtag must display only this message. The reverse side 
of the hangtag may display sizing information, but otherwise must be 
blank. The text must not be obscured by the hole provided for attaching 
the hangtag to the garment. The hangtag must be prominently displayed on 
the garment.
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    \2\ ANSI Z535.1-1998, Standard for Safety Color Code, p.6, published 
by National Electrical Manufacturers Association is incorporated by 
reference. Copies of this document are available from the National 
Electrical Manufacturers Association, 1300 N. 17th Street, Suite 1847, 
Rossylyn, Virginia 22209. This document is also available for inspection 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html. The incorporation by reference 
was approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51.
[GRAPHIC] [TIFF OMITTED] TR08SE99.003

    (ii) Packages. If the garments are sold in packages, the package 
must have a label as shown following this paragraph with the same 
language that would appear on the hangtag. The label must have a text 
box that measures \3/4\ x 3\3/4\. The text must be 11 point Arial/
Helvetica in black lettering against a yellow background. The packages 
must be prominently, conspicuously, and legibly labeled with the 
required message. The package label may be adhesive.
[GRAPHIC] [TIFF OMITTED] TR08SE99.004


[[Page 669]]


    (11) Bears a label as shown following this paragraph stating ``Wear 
Snug-fitting, Not Flame Resistant.'' The text must be printed on the 
front of the sizing label located on the center back of the garment and 
must be immediately below the size designation. The text must be a 
minimum of 5 point sans serif font in all capital letters and must be 
set apart from other label text by a line border. The text must contrast 
with the background color of the label. The label must not be covered by 
any other label or tag.
[GRAPHIC] [TIFF OMITTED] TR08SE99.005


[40 FR 59917, Dec. 30, 1975, as amended at 50 FR 53307, Dec. 31, 1985; 
61 FR 47646, Sept. 9, 1996; 64 FR 2841, Jan. 19, 1999; 64 FR 34535, June 
28, 1999; 64 FR 48705, Sept. 8, 1999; 64 FR 61021, Nov. 9, 1999]