[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: 16CFR1616.36]

[Page 693]
 
                     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.  1616.36  Use of alternate apparatus or procedures for tests for guaranty purposes.

    (a) 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 that person establishes a 
guaranty received in good faith which meets all requirements set forth 
in section 8 of the FFA. One of those requirements is that the guaranty 
must be based upon ``reasonable and representative tests'' in accordance 
with the applicable standard.
    (b) Section 1616.31(e) of the regulations implementing the Standard 
for the Flammability of Children's Sleepwear: Sizes 7 through 14 (the 
Standard) provides that for purposes of supporting guaranties issued in 
accordance with section 8 of the FFA for items subject to the Standard, 
``reasonable and representative tests'' are tests ``performed pursuant 
to any sampling plan or authorized alternative sampling plan engaged in 
pursuant to the requirements of the Standard.''
    (c) At Sec.  1616.35, the Commission has set forth conditions under 
which the Commission will approve the use of test apparatus or 
procedures other than those prescribed in the Standard for purposes of 
demonstrating compliance with the requirements of the Standard. Any 
person or firm meeting the requirements of Sec.  1616.35 for use of 
alternate test apparatus or procedure for compliance with the Standard 
may also use such alternate test apparatus or procedure under the same 
conditions for purposes of conducting ``reasonable and representative 
tests'' to support guaranties of items subject to the Standard, 
following any sampling plan prescribed by the Standard or any approved 
alternate sampling plan.
    (d) The Commission will test fabrics and garments subject to the 
Standard for compliance with the Standard using the apparatus and 
procedures set forth in the Standard. The Commission will consider any 
failing results from compliance testing as evidence that the person or 
firm using alternate test apparatus or procedures has furnished a false 
guaranty in violation of section 8(b) of the FFA (15 U.S.C. 1197(b)).

(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))

[48 FR 21316, May 12, 1983]