New Policy on Enforcement Discretion Regarding GCC for Adult Apparel Exempt from Testing

Background:

The Consumer Product Safety Improvement Act (CPSIA) was enacted on August 14, 2008. Section 102(A) of the CPSIA requires that all manufacturers, importers or private labelers of consumer products subject to a rule, standard, or ban enforced by the CPSC should issue a general conformity certificate (GCC) to certify that their product complies with all rules, bans standards or regulations applicable to the product, based on a test of each product or upon a reasonable testing program.

Detail of the new policy of enforcement discretion

According to this new policy, manufacturers, importer or private labelers will not be required to issue a GCC for those adult apparel made of fabric that is exempt from flammability testing under FFA pursuant to 16 CFR 1610.1 (d). However these products must still comply with all flammability requirements under the FFA.

According to 16 CFR 1610.1 (d), the following fabrics are exempted from the flammability testing:

1. Plain surface fabrics, regardless of fiber content, weighing 2.6 ounces per square yard or more

2. All fabrics, both plain surface and raised-fiber surface textiles, regardless of weight, made entirely from any of the following fibers or entirely from a combination of the following fibers: acrylic, modacrylic, nylon, olefin, polyester, wool.

This statement of policy and the enforcement discretion is limited to adult wearing apparel that is exempt from testing pursuant to 16 CFR 1610 (d).  For children’s apparel and sleepwear, manufacturers, importers or private labelers still need to issue Certification of children's products which must be based upon the results of third party testing in flammability.   

This new enforcement discretion will be effective on on March 25 2016. If the Commission becomes aware of unsafe products entering the market as a result of this statement of policy, it reserves the right to withdraw the policy prospectively with no less than 90 days' notice.

SGS Global Softlines has an extensive network of over 40 laboratories worldwide, with a strong team of committed professionals from multi-disciplinary backgrounds. Our internationally accredited state-of-the-art testing laboratories offer a comprehensive range of physical, chemical and functional testing services for components, materials and finished products. We help your company ensure quality, performance and compliance with international, industrial and regulatory standards worldwide. Discover more at www.sgs.com/softlines.

Reference: Statement of Policy on Enforcement Discretion Regarding General Conformity Certificates for Adult Wearing Apparel Exempt From Testing

For enquiries, please contact:

Louann Spirito
Director Technical Support, Softlines
t: +1 973 461 7919

Stay on top of regulatory changes within your industry: subscribe to SafeGuardS!

^{© SGS Group Management SA - 2016 - All rights reserved - SGS is a registered trademark of SGS Group Management SA. This is a publication of SGS, except for 3rd parties’ contents submitted or licensed for use by SGS. SGS neither endorses nor disapproves said 3rd parties contents. This publication is intended to provide technical information and shall not be considered an exhaustive treatment of any subject treated. It is strictly educational and does not replace any legal requirements or applicable regulations. It is not intended to constitute consulting or professional advice. The information contained herein is provided “as is” and SGS does not warrant that it will be error-free or will meet any particular criteria of performance or quality. Do not quote or refer any information herein without SGS’s prior written consent.}