[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: 16CFR1616.31]

[Page 685-690]
 
                     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 B_Rules and Regulations
 
Sec.  1616.31  Labeling, recordkeeping, retail display and guaranties.

    Authority: Sec.  5, 67 Stat. 112-13, as amended 81 Stat. 571; 15 
U.S.C. 1194.


    (a) Definitions. For the purpose of this section, the following 
definitions apply:
    (1) Standard means the Standard for the Flammability of Children's 
Sleepwear: Sizes 7 through 14 (FF 5-74) (subpart A of part 1616 of this 
chapter) promulgated by the Consumer Product Safety Commission in the 
Federal Register of May 1, 1974 (39 FR 15214), and amended in the 
Federal Register of March 21, 1975 (40 FR 12811) (correction notice 
published for technical reasons on March 27, 1975, 40 FR 13547).
    (2) Children's sleepwear means ``children's sleepwear'' as defined 
in Sec.  1616.2(a) of the Standard, that is, ``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. Diapers and underwear are excluded 
from this definition.''

[[Page 686]]

    (3) Item means ``item'' as defined in Sec.  1616.2(c) of the 
Standard, that is, ``any product of children's sleepwear or any fabric 
or related material intended or promoted for use in children's 
sleepwear.''
    (4) Market or handle means any one or more of the transactions set 
forth in section 3 of the Flammable Fabrics Act (15 U.S.C. 1192).
    (5) The definition of terms set forth in Sec.  1616.2 of the 
Standard shall also apply to this section.
    (b) Labeling. (1) Where any agent or treatment is known to cause 
deterioration of flame resistance or otherwise causes an item to be less 
flame resistant, such item shall be prominently, permanently, 
conspicuously, and legibly labeled with precautionary care and treatment 
instructions to protect the item from such agent or treatment; Provided:
    (i) Where items required to be labeled in accordance with this 
paragraph are marketed at retail in packages, and the required label is 
not readily visible to the prospective purchaser, the packages must also 
be prominently, conspicuously, and legibly labeled with the required 
information, and
    (ii) Where items are required to be labeled in accordance with this 
paragraph, the precautionary care and treatment instructions may appear 
on the reverse side of the permanent label if
    (A) The precautionary care and treatment instructions are legible, 
prominent and conspicuous, and
    (B) The phrase ``Care Instructions On Reverse'' or the equivalent 
appears permanently, prominently, conspicuously, and legibly on the side 
of the permanent label that is visible to the prospective purchaser when 
the item is marketed at retail, and
    (C) The item which is so labeled is marketed at retail in such a 
manner that the prospective purchaser is able to manipulate the label so 
the entire text of the precautionary care and treatment instructions is 
visible and legible; however, where the label cannot be manipulated so 
the instructions are visible to the prospective purchaser and legible, 
the package must also be prominently, conspicuously and legibly labeled 
with the required precautionary care and treatment information or such 
information must appear prominently, conspicuously and legibly on a hang 
tag attached to the item.
    (2) If the item has been initially tested under Sec.  1616.5(c)(4) 
of the Standard after one washing and drying, it shall be prominently, 
permanently, conspicuously and legibly labeled with instructions to wash 
before wearing.
    (3) Where any fabric or related material intended or promoted for 
use in children's sleepwear subject to the Standard is sold or intended 
for sale to the ultimate consumer for the purpose of conversion into 
children's sleepwear, each bolt, roll, or other unit shall be labeled 
with the information required by this section. Each item or fabric or 
related material sold to an ultimate consumer must be accompanied by a 
label, as prescribed by this section, which can by normal household 
methods be permanently affixed by the ultimate consumer to any item of 
children's sleepwear made from such fabric or related material.
    (4)(i) Where items required to be labeled in accordance with 
paragraphs (b)(2), and/or, (b)(3) of this section and fabrics required 
to be labeled or stamped in accordance with paragraph (b)(7) of this 
section are marketed at retail in packages, and the required label or 
stamp is not readily visible to the prospective purchaser, the packages 
must also be prominently, conspicuously, and legibly labeled with the 
required information.
    (ii) Where garments required to be labeled or stamped in accordance 
with paragraph (b)(7) of this section are marketed at retail in 
packages, and the required label or stamp is not readily visible to the 
prospective purchaser:
    (A) The packages must also be prominently, conspicuously, and 
legibly labeled with the information required by paragraph (b)(7) of 
this section; or
    (B) There must be a garment style identification that is prominent, 
conspicuous, and legible and readily visible to the prospective 
purchaser, either on a label or hang tag attached to the garment design 
or on the garment packages. A style is a garment design or grouping, 
preselected by the manufacturer. A style may be composed of

[[Page 687]]

garments that form all or part of one or more GPU's and the style may 
include any number of garments the manufacturer chooses. Style 
identification means any numbers, letters, or combination thereof that 
are sufficient to identify the garments of the style and may include 
information such as color, season or size. If this option B is selected, 
in any recall of noncomplying items from a particular GPU.
    (1) The garment manufacturer must recall the entire style(s) from 
all customers who purchased garments of the style(s) of which the GPU is 
part. However, retailers may elect to return only garments from the 
particular GPU necessitating the recall rather than the entire style(s) 
or portions of style(s) being recalled; and
    (2) Within 48 hours of a written request, the garment manufacturer 
must supply to the Commission any samples in its possession of garments 
from the GPU, as requested. As required of all persons subject to this 
section, the garment manufacturer must also, within the time requested, 
supply to the Commission the names of any customers who purchased during 
a specified period of time, garments from the GPU (or the style(s) of 
which the GPU is a part) and supply access to all records required under 
the Standard and this section.
    (5) Samples, swatches, or specimens used to promote or effect the 
sale of items subject to the Standard shall be labeled in accordance 
with this section with the information required by this section: Except 
that such information may appear on accompanying promotional materials 
attached to fabric samples, swatches or specimens used to promote the 
sale of fabrics to garment manufacturers. This requirement shall not 
apply, however, to samples, swatches, or specimens prominently, 
permanently, conspicuously, truthfully and legibly labeled: ``Flammable, 
Sample only. Not for use or resale. Does not meet Standard for the 
Flammability of Children's Sleepwear; Sizes 7 through 14 (FF 5-74).''
    (6) [Reserved]
    (7) Every manufacturer, importer, or other person (such as a 
converter) initially introducing items subject to the Standard into 
commerce shall assign to each item a unit identification (number, letter 
or date, or combination thereof) sufficient to identify and relate to 
the fabric production unit or garment production unit of which the item 
is a part. Such unit identification shall be designated in such a way as 
to indicate that it is a production unit under the Standard. The letters 
``GPU'' and ``FPU'' may be used to designate a garment production unit 
identification and fabric production unit identification, respectively, 
at the option of the labeler. In addition to the requirements prescribed 
by this paragraph (b)(7), the requirements prescribed by paragraph 
(b)(4) of this section must be met for items marketed at retail in 
packages.
    (i) Each garment subject to the Standard shall bear a label with 
minimum dimension of 1.3 centimeters (0.5 inch) by 1.9 centimeters (0.75 
inch) containing the appropriate garment production unit identification 
for that garment in letters which are clear, conspicuous, and legible, 
and in a color which contrasts with the background of the label, or 
shall have such information stamped on the garment itself in letters 
which are clear, conspicuous, and legible, and in a color which 
contrasts with the background, and at least 2.54 centimeters (1 inch) in 
every direction from any other information. The stamp or label 
containing the garment production unit identification must be of such 
construction, and affixed to the garment in such a manner, as to remain 
on or attached to the garment, and legible and visible throughout its 
intended period of use.
    (ii) The fabric production unit identification shall appear in 
letters at least 0.4 centimeter (one-sixth of an inch) in height against 
a contrasting background on each label that relates to such fabric and 
is required by the Textile Fiber Products Identification Act (15 U.S.C. 
70-70k) and the regulations thereunder (16 CFR 303.1 through 303.45) or 
by the Wool Products Labeling Act of 1939 (15 U.S.C. 68-68j) and the 
regulations thereunder (16 CFR 300.1 through 300.35). When the 
information required by the Textile Fiber Products Identification Act or 
by the Wool Products Labeling Act of 1939 appears on an invoice used in 
lieu of labeling, the fabric

[[Page 688]]

production unit identification required by this section may be placed 
clearly, conspicuously, and legibly on the same invoice in lieu of 
labeling.
    (8) All items complying with the Standard and manufactured on or 
after May 1, 1975, through May 1, 1978, shall bear a label which states 
``Flame-resistant. U.S. Standard FF 5-74.'' The label must be prominent, 
conspicuous, and legible and readily visible at the point of sale to 
ultimate consumers. The label statement may be attached to the item 
itself, on a hang tag attached to the item, or on a package enclosing 
the item. The label need not be affixed permanently. The letters of the 
label must be at least 0.4 centimeter (one-sixth of an inch) in height 
and in a color which contrasts with the background of the label.
    (c) [Reserved]
    (d) Records--manufacturers, importers, or other persons initially 
introducing items into commerce--(1) General. Every manufacturer, 
importer, or other person (such as a converter) initially introducing 
into commerce items subject to the Standard, irrespective of whether 
guaranties are issued under paragraph (e) of this section, shall 
maintain written and physical records as hereinafter specified. The 
records required must establish a line of continuity through the process 
of manufacture of each production unit of articles of children's 
sleepwear, or fabrics or related materials intended or promoted for use 
in children's sleepwear, to the sale and delivery of the finished items 
and from the specific finished item to the manufacturing records. Such 
records shall show with respect to such items:
    (i) Details, description and identification of any and all sampling 
plans engaged in pursuant to the requirements of the Standard. Such 
records must be sufficient to demonstrate compliance with such sampling 
plan(s) and must relate the sampling plan(s) to the actual items 
produced, marketed, or handled. This requirement is not limited by other 
provisions of this paragraph (d).
    (ii) Garment production units or fabric production units of all 
garments or fabrics marketed or handled. The records must relate to an 
appropriate production unit identification on or affixed to the item 
itself in accordance with paragraph (b)(7) of this section, and the 
production unit identification must relate to the garment production 
unit or fabric production unit.
    (iii) Test results and details of all tests performed, both 
prototype and production, including char lengths of each specimen 
tested, average char lengths of the samples required to be tested, 
details of the sampling procedure employed, name and signature of person 
conducting tests, date of tests, and all other records necessary to 
demonstrate compliance with the test procedures and sampling plan 
specified by the Standard or authorized alternate sampling plan.
    (iv) Disposition of all failing or rejected items. Such records must 
demonstrate that the items were retested or reworked and retested in 
accordance with the Standard prior to sale or distribution and that such 
retested or reworked and retested items comply with the Standard, or 
otherwise show the disposition of such items.
    (v) Fiber content and manufacturing specifications relating the same 
to prototype and production testing and to the production units to which 
applicable.
    (vi) Data and test results relied on as a basis for inclusion of 
different colors or different print patterns of the same fabric as a 
single fabric or garment production unit under Sec.  1616.4(a)(2) of the 
Standard.
    (vii) Data and test results relied on as a basis for reduced 
laundering of fabric or garments during test procedures under Sec.  
1616.5(c)(4) of the Standard and any quantities issued or received 
relating to laundering as well as details of the laundering procedure 
utilized.
    (viii) Identification, composition, and details of application of 
any flame retardant treatments employed. All prototype and production 
records shall relate to such information.
    (ix) Date and quantity of each sale or delivery of items subject to 
the Standard (except the date of sale to an ultimate consumer) and the 
name and address of the purchaser or recipient (except an ultimate 
consumer). The items involved in each sale or delivery shall be 
identified by production unit or by style. A style is a garment design 
or

[[Page 689]]

grouping, preselected by the manufacturer. A style may be composed of 
garments that form all or part of one or more garment production units 
and the style may include any number of garments the manufacturer 
chooses. If a person subject to the requirements of paragraph (d) of 
this section maintains sales records which identify the items sold or 
delivered by style, and if recall of one or more production units 
subject to the Standard is required, that person in recalling such 
production units shall notify all purchasers of items of the style in 
which such production unit or units were manufactured. Retailers may 
elect to return all items of the style involved, or all items of the 
production units subject to recall.
    (2) Fabrics. In addition to the information specified in paragraph 
(d)(1) of this section, the written and physical records maintained with 
respect to each fabric production unit shall include (i) finished fabric 
samples sufficient to repeat the fabric sampling procedure required by 
Sec.  1616.4 of the Standard for each production unit marketed or 
handled; and (ii) records to relate the samples to the actual fabric 
production unit. Upon written request of any duly authorized employee or 
agent of the Commission, samples sufficient for the sampling and testing 
of any production unit in accordance with the Standard shall be 
furnished from these records within the time specified in the written 
request.
    (3) Garments--prototype testing. In addition to the records 
specified in paragraph (d)(1) of this section, the following written and 
physical records shall be maintained with respect to the garment 
prototype testing required by the Standard:
    (i) Specification, fiber content, and details of construction on all 
seams, fabrics, threads, stitches, and trims used in each garment style 
or type upon which prototype testing was performed, relating the same to 
such garment style or type and to all production units to which such 
prototype testing is applicable.
    (ii) Samples sufficient to repeat the prototype tests required by 
Sec.  1616.4 of the Standard for all fabrics, seams, threads, stitches, 
and trims used in such prototype testing, relating such samples to the 
records, required by this paragraph (d), including the information 
required by paragraph (d)(3)(i) of this section. Upon written request of 
any duly authorized employee or agent of the Commission, samples 
sufficient for the testing of any prototype specimens identical to those 
specimens that were actually tested pursuant to the Standard shall be 
furnished from these records within the time specified in that written 
request.
    (iii) A complete untested garment from each style or type of garment 
marketed or handled.
    (iv) Remains of all physical specimens tested in accordance with the 
prototype testing required by Sec.  1616.4 of the Standard, relating 
such samples to the records required by this paragraph (d), including 
information required by paragraph (d)(3)(i) of this section.
    (4) Garments--production testing. In addition to the records 
required by paragraph (d)(1) of this section, written and physical 
records shall be maintained and shall show with respect to each garment 
production unit:
    (i) Source and fabric production unit identification of all fabrics 
subject to testing used in each garment production unit.
    (ii) Identification and appropriate reference to all prototype 
records and prototype tests applicable to each production unit.
    (iii) Any guaranty relied upon to demonstrate that the fabric 
utilized in such garments meets the laundering requirements of the 
Standard.
    (iv) Data sufficient to show that tested samples were selected from 
the production unit at random from regular production.
    (v) Written data that will enable the Commission to obtain and test 
garments under any applicable compliance market sampling plan.
    (5) Record retention requirements. The records required by this 
paragraph (d) shall be maintained for 3 years, except that records 
relating to prototype testing shall be maintained for as long as they 
are relied upon as demonstrating compliance with the prototype testing 
requirements of the Standard and shall be retained for 3 years 
thereafter.
    (e) Tests for guaranty purposes. Reasonable and representative tests 
for the

[[Page 690]]

purpose of issuing a guaranty under section 8 of the Flammable Fabrics 
Act (15 U.S.C. 1197) for items subject to the Standard shall be those 
tests performed pursuant to any sampling plan or authorized alternative 
sampling plan engaged in pursuant to the requirements of the Standard.
    (f) Compliance with this section. No person subject to the Flammable 
Fabrics Act shall manufacture, import, distribute, or otherwise market 
or handle any item subject to the Standard, including samples, swatches, 
or specimens used to promote or effect the sale thereof, which is not in 
compliance with this section.

[40 FR 59917, Dec. 30, 1975, as amended at 49 FR 3064, Jan. 24, 1984; 61 
FR 1117, Jan. 16, 1996]