§1616.2. Definitions. — Inbound Citations

(5) The definition of terms set forth in § 1616.2 of the Standard shall also apply to this section.

(b) The Commission makes the following statement of policy regarding (1) the phrase “intended or promoted” as used in the definition of “item” in § 1616.2(c), and (2) the phrase “intended to be worn primarily for sleeping or activities related to sleeping” as used in the definition of “children's sleepwear” in § 1616.2(a).

(2) Children's sleepwear means “children's sleepwear” as defined in § 1616.2(a) of the Standard, that is, “any product of wearing apparel size 7 through 14, such as nightgowns, pajamas, or similar or related items, such as robes, intended to be worn primarily for sleeping or activities related to sleeping. Diapers and underwear are excluded from this definition.”

(i) The piece or pieces which have failed and resulted in the initial rejection of the unit may not be retested, used, or promoted for use in children's sleepwear as defined in §§ 1616.2(a) and 1615.1(a) of the (Standard for the Flammability of Children's Sleepwear: Sizes 0 through 6X) (FF 3-71) (subpart A of part 1615 of this chapter) except after reworking to improve the flammability characteristics and subsequent retesting and acceptance in accordance with the procedures in Tightened Sampling.

(2) The term children's sleepwear is defined in the Standard at § 1616.2(a) to mean “any product of wearing apparel size 7 through 14, such as nightgowns, pajamas, or similar or related items, such as robes, intended to be worn primarily for sleeping or activities related to sleeping. Underwear and diapers are excluded from this definition.”

(b) All sleepwear items as defined in § 1616.2(c), are subject to the requirements of this Standard.

(3) Item means “item” as defined in § 1616.2(c) of the Standard, that is, “any product of children's sleepwear or any fabric or related material intended or promoted for use in children's sleepwear.”

(1) The term item is defined in the Standard at § 1616.2(c) to mean “any product of children's sleepwear or any fabric or related material intended or promoted for use in children's sleepwear.”

(2) “Tight-fitting garments” as defined by section 1616.2(m), below.

(d) Retailers, distributors, and wholesalers, as well as manufacturers, importers, and other persons (such as converters) introducing a fabric or garment into commerce which does not meet the requirements of the flammability standards for children's sleepwear, have an obligation not to promote or sell such fabric or garment for use as an item of children's sleepwear. Also, retailers, distributors, and wholesalers are advised not to advertise, promote, or sell as an item of children's sleepwear any item which a manufacturer, importer, or other person (such as a converter) introducing the item into commerce has indicated by label, invoice, or, otherwise, does not meet the requirements of the children's sleepwear flammability standards and is not intended or suitable for use as sleepwear. “Tight-fitting” garments as defined by § 1616.2(m) are exempt from the standard which requires flame resistance. They may be marketed as sleepwear for purposes of this section. Additionally, retailers are advised:

(1) To segregate, by placement in different parts of a department or store, fabrics and garments covered by the children's sleepwear standards from all fabrics and garments that are beyond the scope of the children's sleepwear standards but which resemble items of children's sleepwear.

(2) To utilize store display sign indicating the distinction between types of fabrics and garments, for example by indicating which are sleepwear items and which are not; and

(3) To avoid the advertisement or promotion of a fabric or garment that does not comply with the children's sleepwear flammability standards in a manner that may cause the item to be viewed by the consumer as an item of children's sleepwear.