[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: 16CFR1631.34]

[Page 712]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1631_STANDARD FOR THE SURFACE FLAMMABILITY OF SMALL CARPETS AND 
RUGS (FF 2	70)--Table of Contents
 
                     Subpart B_Rules and Regulations
 
Sec.  1631.34  Small carpets and rugs not meeting acceptance criterion.

    (a) If any small carpet or rug as defined in the Standard for the 
Surface Flammability of Small Carpets and Rugs (pill test) FF 2-70, is 
manufactured, imported, or otherwise marketed or handled and does not 
meet the acceptance criterion of such standard, it shall, prior to its 
introduction into commerce, be legibly and conspicuously labeled with a 
permanent label which sets forth the following statement:

``FLAMMABLE (FAILS U.S. DEPARTMENT OF COMMERCE STANDARD FF 2-70): SHOULD 
NOT BE USED NEAR SOURCES OF IGNITION.''

The required cautionary statement may be set out on or affixed to the 
small carpet or rug on the same label as the fiber content label 
required to be affixed under the Textile Fiber Products Identification 
Act, if said label is permanent, or said statement shall be set forth on 
a separate permanent label on or affixed to the small carpet or rug in 
immediate proximity to the said required label under the Textile Fiber 
Products Identification Act. A label on the front of a small carpet or 
rug shall be considered to be in immediate proximity to a label on the 
back, provided they are directly opposite each other and are in 
immediate proximity to the edge of the small carpet or rug.
    (b) Such cautionary statements shall also appear in a conspicuous 
manner in all advertisements in which said small carpets or rugs are 
being offered for sale through direct mail, telephone solicitation, or 
under any other circumstances where the consumer, in the ordinary course 
of dealing, will not have an opportunity to inspect the label before 
receiving the merchandise. The phrase ``Flammable--Read The Label'' 
shall conspicuously appear in all other advertisements of small carpets 
or rugs which do not meet the acceptance criterion of the standard.
    (c) The information required by this section shall be set forth 
separately from any other information, representations, or disclosures 
appearing on the same label or elsewhere on the small carpet or rug, and 
any such other information, representations, or disclosures shall in no 
way interfere with, minimize, detract from, or conflict with the 
information required by this section.
    (d) Samples, swatches, or specimens used to promote or effect the 
sale of small carpets or rugs shall be labeled with the information 
required by this section, in addition to the label required to be 
affixed to the small carpets or rugs.
    (e) Where small carpets or rugs are marketed at retail in packages, 
and the labeling information required by this section is not readily 
visible to prospective purchasers, the packages must also be 
prominently, conspicuously, and legibly labeled with the information 
required by this section.
    (f) No person, other than the ultimate consumer, shall remove, 
mutilate, or cause or participate in the removal or mutilation of any 
affixed labeling information required by this section.
    (g) No person subject to the Flammable Fabrics Act shall 
manufacture, import, distribute, or otherwise market or handle any small 
carpet or rug, including samples, swatches, or specimens used to promote 
or effect the sale thereof, which is not in compliance with this 
section.