U.S. CONSUMER PRODUCT SAFETY COMMISSION
WASHINGTON, DC 20207

CPSC Document #8004

Information on the Flammable Fabrics Act 
for Importers and Retailers
                                    
     The Flammable Fabrics Act (FFA) ,15 U.S.C.  1191 et seq.,
was passed in 1953 in response to public concern over a number of
serious burn incidents involving brushed rayon high pile sweaters
(referred to as "torch sweaters") and children's cowboy chaps
which ignited easily and flash burned.
    
     The Standard for the Flammability of Clothing Textiles,  16
CFR 1610, is a flammability standard under the FFA that applies
to all adult and children's wearing apparel with the exception of
children's sleepwear, which must meet more stringent standards. 
The purpose of this standard is to reduce the danger of injury
and loss of life by providing a national standard for testing and
rating the flammability of textiles and clothing for textile use
and to discourage the use of dangerously flammable clothing
textiles.  The testing specified in Part 1610 separates fabrics
into three classes of flammability.  Class 3 fabrics are
considered dangerously flammable and may not be used in clothing
textiles or items of wearing apparel.  Class 2 fabrics are
considered intermediate flammability.  Class 1 fabrics are
considered normal flammability.   This flammability standard is
effective in removing from the market the small number of
articles of wearing apparel and fabrics which were "so highly
flammable as to be dangerous when worn by individuals".  
                                                       
     The manufacture for sale, the sale, or the offering for sale
in commerce of any product, fabric, or related material which
fails to comply with an applicable standard or regulation issued
or amended under Section 4 of the FFA, 15 U.S.C. 1193, is a
prohibited transaction under section 3(a) of the FFA, 15 U.S.C.
1192.  If the Commission determines a product, fabric, or
related material does not comply with a flammability standard, it
is authorized to pursue a variety of legal sanctions.  Included
among these is the authority to seek civil penalties of up to
$6,000 per violation involved, and a maximum penalty of $1.5
million for any related series of violations against any person
who knowingly violates a standard. Section 5(e)(1) of the FFA, 15
U.S.C.  1194(e)(1).

     To determine if apparel (including scarves) meets the
requirements of 16 CFR Part 1610, a retailer can request the
results of tests conducted or a written guaranty from the garment
supplier indicating that reasonable and representative tests have
been made in accordance with procedures prescribed, and
applicable standards or regulations issued, amended, or continued
in effect, under the FFA as  discussed in 16 CFR Part 1608.  
  
     For a guaranty to serve as a defense to criminal prosecution
under section 7 of the FFA, 15 U.S.C. 1196, the person issuing
the guaranty must reside in the United States and maintain
records in this country of the test results which form the basis
of the guaranty.  Tests may be conducted outside the United
States if these two requirements are met.   A guarantor is
subject to all the requirements of section 8 of the FFA and the
rules and regulations issued under the FFA, even if tests are
conducted outside the United States.

      Manufacturers, distributors and retailers of consumer
products distributed in commerce are required to report certain
safety information to the Commission under Section 15(b) of the
Consumer Product Safety Act, 15 U.S.C. 2064.  Firms are required
to report immediately to the Commission  (301-504-7913) if they
obtain information which reasonably supports the conclusion that
their product contains a defect which could create a substantial
product hazard or creates an unreasonable risk of serious injury
or death.  Firms that fail to report as required are subject to
civil penalties of up to $1.5 million. 

     For more specific information about the FFA regulations
call: Marilyn Borsari 301-504-7619
     
     To find a testing laboratory you may call:  American Council
of Independent Labs 202-887-5872

9/6/95 -PAF