Clothing
The purpose of 16 C.F.R. part 1610 is to reduce danger of injury and loss of life by prohibiting dangerously flammable textiles and textile products for clothing use from being distributed in United States commerce. The standard provides methods of testing the flammability of clothing and textiles intended to be used for clothing by classifying fabrics into three classes of flammability based on the speed and burning characteristics of the fabric. This standard specifies that Class 3 textiles, the most dangerously flammable fabrics, are unsuitable and prohibited for use in clothing because of their rapid and intense burning.
The requirements for the flammability of clothing textiles are codified at 16 C.F.R. part 1610. This standard is also commonly referred to as the “general wearing apparel flammability standard.” Wearing apparel that uses vinyl plastic film must comply with 16 C.F.R. part 1611; see our vinyl plastic film FAQ for more information.
An overview video of the requirements for 16 C.F.R. part 1610 can be viewed here.
For more information on the Flammable Fabrics Act (FFA), visit our FFA business guidance page.
16 C.F.R. part 1610 applies to all wearing apparel, except the following items listed under 16 C.F.R. § 1610.1(c):
- Hats that do not cover the neck, face, or shoulders;
- Gloves that are 14 inches in length or shorter and are not attached to a garment;
- Footwear that does not consist, in whole or in part, of hosiery and is not attached to a garment; and
- Interlining fabrics when they are intended or sold for use as a layer between an outer shell and an inner lining.
16 C.F.R. part 1610 also applies to children’s sleepwear garments that meet the definition of either “infant garments” at 16 C.F.R. § 1615.1(c), or “tight-fitting garments” at 16 C.F.R. §§ 1615.1(o) and 1616.2(m). The criteria to be defined as an “infant garment” or “tight-fitting garment” are based on measurement, tagging, and labeling guidelines. Children’s sleepwear that does not meet either definition is subject to requirements for sleepwear under 16 C.F.R. part 1615 (Standard for the Flammability of Children’s Sleepwear: Sizes 0 through 6X) or 16 C.F.R. part 1616 (Standard for the Flammability of Children’s Sleepwear: Sizes 7 through 14).
Yes. Years of flammability testing have shown that certain types of fabrics consistently yield acceptable results. Under 16 C.F.R. § 1610.1(d), the following fabrics are exempt from testing requirements under the flammability standard:
- Plain surface fabrics weighing 2.6 ounces per square yard or more (88.2 grams per square meter), regardless of fiber content; and
- Plain and raised surface fabrics made of: acrylic, modacrylic, nylon, olefin, polyester, wool, or any combination of these fibers, regardless of weight.
Please note that these are testing exemptions and not exceptions from the overall flammability requirement. Children’s Product Certificates (CPCs) must still include 16 C.F.R. part 1610 in section 2; we recommend including the exemption citation under section 6. The Commission issued a Statement of Policy (81 FR 12587) indicating that CPSC will not enforce the certification requirements for adult wearing apparel relying on this testing exemption.
A plain surface fabric is any textile fabric that does not have an intentionally raised fiber or yarn surface, such as a pile, nap, or tuft. Common examples of plain surface fabrics typically include oxford, chambray, jersey cotton, and stretch knit.
However, the manufacturing process determines whether it is a plain or raised surface fabric, so these fabrics may not always be plain surface.
A raised surface fabric is any textile fabric that has an intentionally raised fiber or yarn surface, such as a pile, nap, or tuft. Whether the product has an intentionally raised surface is determined by the manufacturing process. An example of a manufacturing process that intentionally raises the fibers would be the fabric going through an agitator that cuts and brushes the fibers on the top surface.
Common examples of raised surface fabrics include terry cloth, fleece, corduroy, and flannel.
However, the manufacturing process determines whether it is a plain or raised surface fabric, so these fabrics may not always be raised surface.
An “uncovered” or “exposed” part is defined as a part of wearing apparel that might be open to flame or other means of ignition during normal wear. The outer surface of an undergarment is considered to be “uncovered” or “exposed.”
Examples of uncovered or exposed parts of wearing apparel include:
- linings with exposed areas, such as full-front zippered jackets,
- sweatshirts with exposed raised fiber surfaces on the inside that are marketed and intended to be worn reversibly,
- unlined hoods, and
- rolled cuffs.
For garments with exposed linings, both the exposed inside lining and outside fabric need to be tested, unless they meet an exemption. The exemptions do not apply if only the outside fabric meets an exemption. For example, if you have a plain surface fabric that meets an exemption on the outside, but you have an exposed raised surface fabric lining that does not meet an exemption, then you will need to test the exposed lining.
The inner fabric on garments that are intended or advertised to be reversible are considered exposed parts and must be tested on both sides of the garment if it does not meet a specific exemption. Examples include sweatshirts that can be worn with the napped side out and socks with rolled cuffs.
16 C.F.R. § 1610.4 specifies testing procedures to determine the flammability of textiles used in apparel as one of three classes of flammability. Specimens cut into 2-inch by 6-inch swatches must be tested to determine the class and hazard rating.
Class 1 textiles are plain surface and raised surface fabrics that exhibit normal flammability and are acceptable for use in wearing apparel.
Class 2 textiles are raised surface fabrics that exhibit intermediate flammability and should be used with caution for wearing apparel. This class is not applicable to plain surface fabrics.
Class 3 textiles are plain surface and raised surface fabrics that are dangerously flammable and shall not be used in wearing apparel. If a firm becomes aware that a product they manufacture violates any applicable mandatory requirements, they are obligated to report under Section 15(b) of the Consumer Product Safety Act (CPSA). Reports can be made electronically at www.saferproducts.gov.
Adult wearing apparel is required to have a General Certificate of Conformity, also known as a GCC. Manufacturers and importers of general-use products for which consumer product safety rules apply, such as adult wearing apparel, must certify, in a written GCC, based on testing or a reasonable testing program, that the products comply with 16 C.F.R. part 1610.
However, the Commission has issued a statement of policy on enforcement discretion related to adult apparel and GCCs. The CPSC will not pursue compliance or enforcement actions against firms that fail to issue a GCC for adult wearing apparel that is exempt from testing pursuant to 16 C.F.R. § 1610.1(d). Adult and general use wearing apparel that are not exempt from flammability testing will need to have a GCC.
Adult wearing apparel does not need to be tested at a third party, CPSC-accepted lab.
Children’s wearing apparel that is subject to 16 C.F.R. part 1610 includes general wearing apparel and children’s sleepwear that meets the definition of “infant garment” at 16 C.F.R. § 1615.1(c), or “tight-fitting garment” at 16 C.F.R. §§ 1615.1(o) and 1616.2(m). Children’s sleepwear that does not meet either definition is subject to requirements for sleepwear under 16 C.F.R. part 1615 (Standard for the Flammability of Children’s Sleepwear: Sizes 0 through 6X) or 16 C.F.R. part 1616 (Standard for the Flammability of Children’s Sleepwear: Sizes 7 through 14).
In addition, there are general requirements for products primarily designed or intended for children 12 years of age or younger:
- Lead in paint and similar surface coatings: Children’s products must not bear paint and/or similar surface coatings that contain more than 0.009 percent (90 ppm) lead.
- Examples include painted component parts (e.g., buttons, zippers, snaps), printing processes that use a liquid or semi-liquid surface coating that hardens (e.g., screen printing)
- Total lead content: Children’s products must not contain greater than 100 ppm (0.01 percent) of total lead content in any accessible component part. 16 C.F.R. § 1500.87 addresses determination of accessibility for the purposes of the total lead content rule.
- Examples include component parts (e.g., buttons, zippers, snaps), heat transfer vinyl, metallic threads/fibers
- CPSC made a determination under 16 C.F.R. § 1500.91(d)(7) that textiles (excluding those that contain treatments or applications that do not consist entirely of dyes) are not required to be tested for total lead content. CPSC made similar determinations for plant-derived and animal derived materials at 16 C.F.R. § 1500.91(d)(8) and certain metals and alloys at 16 C.F.R. § 1500.91(e).
- Phthalates: Children’s toys and child care articles as defined per 16 C.F.R. § 1307.2 must not contain greater than 0.1 percent (1000 ppm) of any regulated phthalate in any accessible component part. 16 C.F.R. § 1307.3 lists the regulated phthalates, and 16 C.F.R. part 1199 addresses determination of accessibility for the purposes of the phthalate rule.
- Examples include plasticized component parts on children’s bibs.
- Third-party testing: Children’s products must be tested for compliance to applicable safety rules by a third-party, CPSC-accepted laboratory.
- Certification: Domestic manufacturers or importers of children’s products must generate a Children’s Product Certificate (CPC) certifying compliance to the applicable safety rules and ensures that a CPC accompanies the distribution of the product.
- Tracking label: Children’s products must bear distinguishing, permanent marks on the product and any packaging that allow consumers to ascertain the identity of the manufacturer or private labeler, date and place of manufacture, detailed information on the manufacturing process (i.e., batch or run number), and the specific source of the product (e.g., address of the specific manufacturing plant).
Apparel may be subject to additional regulatory requirements by the Federal Trade Commission (FTC) and, for imported goods, by U.S. Customs and Border Protection (CBP).
A few helpful documents discussing these requirements can be found at:
- FTC: Threading Your Way Through the Labeling Requirements Under the Textile and Wool Acts (Registered Identification Numbers)
- FTC: Clothes Captioning – Complying with the Care Labeling Rule
- CBP: What Every Member of the Trade Community Should Know About Textile & Apparel Rules of Origin
- CBP: Basic Importing and Exporting
Please contact those agencies with any questions you may have on their requirements.