SWC427_Institutional_Apparel_Hygiene_Supplies_Specifications.pdf

SWC427 Institutional Apparel and Hygiene Supplies Specifications

1. Purpose: In this Invitation to Bid (ITB), the State of Tennessee (“State”) is seeking to award contracts that can satisfy the State’s Institutional Apparel & Hygiene Supplies needs. Supplier(s) awarded a Contract pursuant to this ITB shall provide Institutional Apparel & Hygiene Supplies items to all Authorized Users at the same price and under the same terms and conditions.

The State invites all potential Suppliers to provide competitive prices and quality, along with strong organizational capabilities. Suppliers must have the ability to restrict or block State purchases on certain categories and subcategories of items and must work with the State to minimize and eventually eliminate spend on items specified in the categories and subcategories listed in Section 7. The list in Section 7 is not all inclusive of the items, categories, or subcategories that need to be blocked. The Supplier(s) will work with the State to achieve 100% compliance in all State approved categories and subcategories.

2. Key Outcomes: By awarding one or more Suppliers pursuant to this ITB, the State seeks to accomplish the following:

a. To obtain competitive pricing by leveraging a Supplier’s specialization in a certain category.

b. To minimize and eventually eliminate spend on items that are not specified in the categories and subcategories listed in Section 6.

c. To reduce cost through operational efficiencies.

3. General Requirements:

a. Apparel items must meet the fabric, sizing, durability, and color requirements outlined in line item specifications.

b. Samples are required for footwear items, only. Samples are not needed for any other category.

c. No items in the core item kits can be packaged in aluminum or metal containers. Catalog items packed in aluminum or metal containers must be specified in the item description of the catalog.

d. All Supplier employees visiting facilities, delivering products, etc. must be in appropriate work attire that clearly indicates who the employee works for.

4. Item Requirements – Core and Non-Core:

a. Core Items. These items represent a group of items representative of historical spend. Core items include the State’s best estimate of the highest use and more essential items. Pricing must include all delivery (15 business days), shipping, service, restocking, and administrative costs associated with the item(s). These items are available for purchase on contract based on a fixed unit price and shall be kept in stock by the supplier(s). Price changes for Core Items shall only be conducted as outlined in the Terms and Conditions, Paragraph 6.2., Price Changes.

b. Non-Core Item Catalog: Supplier(s) shall submit a catalog detailing all non-core items relevant to the group(s) for which they are submitting a bid. The catalog shall include detailed item descriptions, item numbers, manufacturer, manufacturer model numbers, and pricing information. This catalog shall be submitted as a separate attachment in one of the following formats: Readable .pdf, csv, .xls, or .xlsx. Please note - catalogs submitted as binary excel files are not readable and will not be accepted.

5. Category Definitions:

a. Footwear: Includes items such as athletic shoes, work shoes/boot and slip-on footwear.

Footwear that is designed for use in institutional settings such as correctional facilities, healthcare institutions, and other state-run organizations. Footwear must comply with the applicable specifications detailed in Column C of the embedded document titled “SWC427 Core Item Specifications.”

b. Clothing: Includes items such as sweatpants, sweatshirts, t-shirts, panties, boxers, briefs, bras, socks, night gowns, and pajamas. Apparel must meet industry standards for durability, ease of laundering, and comfort. According to the National Institute of Standards and Technology, each textile product must have an affixed label and care instructions (digital page 22-23 & 27 of attached .PDF).

c. Accessories: Includes items such as watch caps, headgear, belt webbing, belt buckles, belt tips, and similar supplementary items.

d. Scrub Pants: A type of loose-fitting, durable trousers, designed for comfort, ease of movement, often made from lightweight breathable, and easy-to-clean fabric like cotton or polyester blends.

e. Hygiene Supplies: Includes personal hygiene items such as soap, shampoo, toothpaste, razors, toothbrushes, feminine hygiene products, shaving cream, etc. Items should be easy to store, cost-effective, and provided in institutional sized quantities to minimize cost per unit.

6. Category Breakdowns: Please review the attached Excel file, which contains the SWC427 Core Items Specifications. It provides a detailed outline of the subcategory core items, including the category, item description, acceptable specifications, required sizes, preferred colors, and length requirements where applicable.

Category Subcategory

Footwear

Shoes, Athletic, Canvas, Basketball, Low-Top, Tie Closure Shoes, Athletic, Canvas, Basketball, Hi-Top, Tie Closure Shoe, Athletic, Leather, Low-Top, Court Shoe, Tie Closure Shoe, Athletic, Leather, Low-Top, Court Shoe, Velcro Closure Shoes, Leather Work Oxford, Plain Toe 6" Leather Tactical Boot, Plain Toe, Reinforced Rubber Boots Sandal, PVC, Shower Slippers, Terry Cloth Shoe, Deck, Canvas, Slip-On

Clothing

Gown, Women's Pajama's, Top & Bottom Set, Men's Pajama's, Top & Bottom Set, Women's Boxer Shorts, Men's Briefs, Men's Bra, Easy-Fit, No Underwire Bra, Full Figure Support, No Underwire Panties, Heavy-Weight, Women's Panties, Women's Sweatshirt, Crewneck, Unisex Sweatpants, Draw Cord, Unisex Sweatpants, No Draw Cord, Unisex Socks, Tube Style, Work, Men's Socks, Crew, Work, Men's Socks, Crew, Work, Women's Slipper Socks, Non-Skid, Unisex T-Shirt, Crewneck, Men's T-Shirt, Crewneck, Heavyweight, Men's

Accessories

Belts, Webbed, Buckle Closure, Ready-to- Wear, Unisex Belt Webbing Belt Buckles, Brass-Plated, Suitable for Webbing Belt Belt Tips, Brass-Plated, Suitable for Webbing Belt Baseball Cap, Mesh Back, Orange, Unisex

Watch Cap (Toboggans), Knit Hat, Orange, Unisex Watch Cap (Toboggans), Knit Hat, Grey, Unisex Baseball Cap, Mesh Back, White, Unisex

Scrub Pants Pant, Scrubs, Unisex

Hygiene Kits

Security Products Hygiene Kit Male Hygiene Kit Female Hygiene Kit

7. Categories and Subcategories Not Allowed on this Contract.

The State has chosen five (5) categories, each with core item subcategories, to classify items that can be purchased on this Contract. Supplier(s) must work with the State to eliminate the purchase of items that do not fall into their respective categories and subcategories. The following are subcategories that are an example of the ones not allowed to be sold through this Contract. This is not all inclusive. Other subcategories will be added as needed.

- Paper Products - Board and Card Games

- Prescription Medication - Certain “Over-the-Counter” Medications

- Furniture - Commissary Food/Snack Items

- Metal Mirrors - Tumblers

- Laundry Bags - Linens

- Laundry Detergent - Batteries

- Nitrile Exam Gloves - Feminine Hygiene Products

8. Catalog Updates. Items available under the Statewide Contract (SWC) will be contained in “catalog extracts” from published catalogs, price lists or price schedules as defined herein that will be maintained and distributed to all State Agencies by Supplier(s). These extracts will contain only the portion of the item that falls within the scope and intent of this Invitation to Bid and was selected for inclusion in the extract by the State of Tennessee. The State will determine, in collaboration with the Supplier(s), which items it will consider for addition in the catalog extracts. Items contained in these extracts and their prices will be updated semi-annually on January 1st and July 1st each year of the contract. State approval will be required of all approved additions or changes to these semi-annual extracts.

9. Escalator Clause, Automatic Catalog P/I.

Unit prices listed in the specific catalog or price list offered shall constitute the base price unit or unless changed by the publisher of the catalog or price list. Supplier(s) may increase and shall decrease the price of individual products during the term of the contract to reflect changes in the catalog or price lists that are publicly published and applicable to all customers external to the State. Base prices for any individual product sold under this contract may not be increased at a rate higher than offered to any other customer. The Supplier(s) agrees to furnish proof of such price changes upon request.

10. Fixed Bid Percentage Requirements Bid percentage (%) discount must be fixed for the entire term of the contract, unless Supplier(s) offers a higher percentage (%) discount, and the change would be in the best interest of the State.

11. Product Availability.

The Supplier(s) must communicate manufacturer’s discontinuation of any items to the State Contract Administrator when catalog updates occur (every one hundred and eighty (180) days). In such instances, Supplier(s) shall work with the State Contract Administrator to identify and implement alternative options that shall maintain or reduce costs and supply equal or greater quantities per UOM associated with the replacements.

12. Order Fill Rate.

Order fill rates will be maintained at 98% or greater for all orders. Order fill rate, will be defined as “the total number of items on an order filled completely and delivered within the delivery time frame divided by the total number of items on an order.”

13. Order Confirmation.

The Supplier(s) shall send an order confirmation to the Authorized User, according to industry best practices.

14. Emergency Delivery.

For all Emergency Delivery (i.e., delivery within 24 hours) agencies must contact the awarded Supplier(s) to receive exact quote, as additional freight charges may be incurred.

15. TN SmartShop.

If the Supplier(s) maintains an online marketplace, then the Supplier(s) may participate in the TN SmartShop initiative. TN SmartShop is an e-marketplace of active statewide contracts where Authorized Users can leverage the buying power of the State to purchase goods and services. The Supplier(s) shall provide and maintain up-to date online catalog containing items in all categories listed above. The Supplier(s) shall indicate in-stock and out-of-stock status, green or environmentally friendly options, and identify alternative items that are available if an item is listed as out-of-stock.

16. SmartShop Requirements and Key Performance Indicators.

The Supplier(s) shall only include items in TN SmartShop that are within the scope of this Contract and within scope of the categories awarded to Supplier(s). The Supplier(s) shall be solely responsible for locking categories not within scope or not awarded to a Supplier(s) of this contract from TN SmartShop.

If the State discovers an item on a Supplier’s TN SmartShop account that is not within scope of their awarded category, then the Supplier shall remove the item within 48 hours. Items over $5,000 or any item considered an asset to the State of Tennessee shall not be purchased or sold from TN SmartShop.

Asset items can still be purchased through this contract but must be done through the State’s Purchase Order Process.

If the Supplier is found to have violated this provision three times within a calendar year, then the Supplier’s TN SmartShop account will be removed. Supplier shall only be able to regain their TN SmartShop account after delivering an action plan outlining how the Supplier shall properly manage the TN SmartShop account so that it is compliant based on this contract’s scope and scope within each individual Supplier’s awarded categories. Upon submission of this action plan, the State reserves the right to either restore the Supplier’s SmartShop account or reject the action plan if the State does not believe the action plan properly mitigates the previous compliance problems moving forward.

A Guide to United States

Apparel and Household Textiles Compliance Requirements

Lisa M. Benson Karen Reczek

This publication is available free of charge from:

http://dx.doi.org/10.6028/NIST.IR.8115

NISTIR 8115

NISTIR 8115

Lisa M. Benson* Karen Reczek

Standards Coordination Office

* Dakota Consulting

This publication is available free of charge from:

http://dx.doi.org/10.6028/NIST.IR.8115

March 2012 Revised April 2016

U.S. Department of Commerce Penny Pritzker, Secretary

National Institute of Standards and Technology

Willie May, Under Secretary of Commerce for Standards and Technology and Director

This publication is available free of charge from : http://dx.doi.org/10.6028/N

IST.IR

.8115

Acknowledgements

The lead author for this document is Lisa M. Benson, Dakota Consulting, under contract to the Standards Coordination Office of NIST. Additional guidance, initial research, and review of the document were provided by the staff of the Standards Coordination Office of NIST including:

Mary Donaldson and Karen Reczek. Invaluable support was also received from the knowledgeable experts at the Consumer Product Safety Commission and the Federal Trade Commission who provided input into the document and also conducted a thorough review. Consumer Product Safety Commission reviewers were Patty Edwards and Arlene Flecha Castro. Federal Trade Commission reviewers were Steve Ecklund and Robert Frisby.

Table of Contents

HOW TO USE THIS GUIDE

SCOPE

OVERVIEW OF U.S. FEDERAL REGULATORY FRAMEWORK

FEDERAL REGULATORY AUTHORITIES AND TECHNICAL REGULATIONS (MANDATORY)

Consumer Product Safety Commission (CPSC)

Consumer Product Safety Act (CPSA)

Consumer Product Safety Improvement Act of 2008 (CPSIA)

Children’s Apparel and Sleepwear Only

Certificates and Mandatory Third-Party Testing

Tracking Labels for Children’s Apparel

Soft Infant and Toddler Carriers

Drawstrings in Children’s Upper Outerwear

Flammable Fabrics Act

Flammability of Clothing

Flammability of Vinyl Plastic Film

Flammability of Children’s Sleepwear

Flammability of Carpets and Rugs

Flammability of Mattress Sets, Mattresses, and Mattress Pads

Federal Hazardous Substances Act (FHSA)

Sharp Points and Edges on Children’s Products

Ban on Infant Cushions

Standard on Window Coverings and Cords

Pending Regulations of Note

Customs and Border Protection (CBP)

Country of Origin: Marking of Imported Articles and Containers

Environmental Protection Agency (EPA)

Antimicrobial Clothing and Household Textiles: The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

Toxic Substance Control Act (TSCA)

Federal Trade Commission (FTC)

Federal Trade Commission Act (FTC Act) file://cmaapps/apps/Public/Cheryl%20Z%20drive/Karen/Guides/04.06.2016%20Guide%20to%20US%20Apparel%20and%20Household%20Textiles%20Requirements.docx#_Toc447709813

The Textile Fiber Products Identification Act

Used or Secondhand Stuffing

Bamboo Claims

The Wool Products Labeling Act of 1939

Fur Products Labeling Act (FPLA)

Truth in Fur Labeling Act of 2010

Cat and Dog Fur Products

Leather Products

Environmental Claims

Care Labels

Pending Regulations of Note

United States Department of Agriculture (USDA)

Organic Fibers: Organic Foods Production Act of 1990 (OFPA)

OVERVIEW OF U.S. STATE REGULATORY FRAMEWORKS

STATE REGULATORY AUTHORITIES AND TECHNICAL REGULATIONS (MANDATORY)

Packaging and Labeling

UPLR

Toxics in Packaging Legislation

Uniform Law Label

State of California

Lead and Other Toxic Substances

Safer Consumer Products Regulations

Plumage Regulations

Flammability of Upholstered Furniture and Bedding

Made in the USA

Connecticut

Safe Children’s Products

State of Illinois

Lead

Minnesota

Formaldehyde in Children’s Products

Washington State

Lead, Cadmium, and Phthalates in Children’s Products

Multiple States

Flame Retardant Regulations

Fur Labeling

Dog and Cat Fur

Chemicals of Concern

Crib Bumpers

OVERVIEW OF THE U.S. VOLUNTARY STANDARDS FRAMEWORK

STANDARDS DEVELOPING ORGANIZATIONS (SDOS)

American Association of Textile Chemists and Colorists (AATCC)

ASTM International

TESTING AND CERTIFICATION BODIES

Testing

Certification

RELEVANT U.S. GOVERNMENT AGENCIES

U.S Customs and Border Protection (CBP)

U.S. Consumer Product Safety Commission (CPSC)

Environmental Protection Agency (EPA)

Federal Trade Commission

U.S. Department of Agriculture

U.S. APPAREL AND HOUSEHOLD TEXTILES INDUSTRY AND MARKET DATA

Industry Trade Associations

Apparel and Household Textiles Market Data

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SCOPE

This guide addresses apparel, including children’s apparel, and household textiles. It does not include other textiles, such as sleeping bags, tents, sporting goods, or other non-household products that contain or are made from textile materials.

OVERVIEW OF U.S. FEDERAL REGULATORY FRAMEWORK

Once a law has been enacted by Congress, the appropriate federal agency (e.g., the Consumer Product Safety Commission, the Federal Trade Commission, the National Highway Traffic and Safety Administration, et al.) may create the regulations to implement the law. Before such regulations can be adopted, the appropriate federal agency ordinarily will issue a notice of proposed rulemaking (NPRM) to solicit public comments on the proposed rules. To provide opportunity for public comment, the appropriate federal agency must issue draft regulations or “Proposed Rules” that are published in the Federal Register and as a WTO TBT notification. The agency reviews the comments and can then issue a “Final Rule” that also is published in the Federal Register, and later, published annually in the Code of Federal Regulations (CFR).

Together, the enabling acts and laws [published in the United States Code (USC) once passed] and the final regulations (published in the CFR) provide a framework for the implementation and enforcement of most federal laws in the United States.

HOW TO USE THIS GUIDE

• Regulations are mandatory

• Standards are voluntary (unless “Incorporated by Reference” in a regulation)

• Guidelines may be voluntary (but are often de facto industry standards)

• “Red” text highlights mandatory requirements

• “Blue” text indicates a hyperlink to a website, page or document on the web http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR http://www.gpo.gov/fdsys/browse/collectionUScode.action?collectionCode=USCODE

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FEDERAL REGULATORY AUTHORITIES AND TECHNICAL REGULATIONS (MANDATORY)

Several U.S. federal agencies administer regulations associated with apparel and textiles.

Agency Scope Consumer Product Safety Commission (CPSC) Flammability; children’s products; hazardous substances Customs and Border Protection (CBP) Country of origin for most imported products Environmental Protection Agency (EPA) Pesticides; Toxic Substances Federal Trade Commission (FTC) Labeling (care labeling, fiber content labeling, environmental labeling, country of origin labeling, advertising)

United States Department of Agriculture

(USDA)

Organic claims

Consumer Product Safety Commission (CPSC)

Consumer Product Safety Act (CPSA) Title 15, United States Code, Chapter 47, Sections 2051-2089 The Consumer Product Safety Act, entered into law on October 27, 1972, was enacted to establish the Consumer Product Safety Commission and define its authority with the purpose of protecting the public against unreasonable risks of injury associated with consumer products;

assisting consumers in evaluating the comparative safety of consumer products, developing uniform safety standards for consumer products; and promoting research and investigation into the causes and prevention of product-related deaths, illnesses, and injuries.

Consumer Product Safety Improvement Act of 2008 (CPSIA) Public Law 110–314, August 14, 2008 On August 14, 2008, the President signed into law Public Law 110-314 (Consumer Product Safety Improvement Act of 2008). On August 12, 2011, he signed into law amendments to the Act, Public Law 112–28, August 12, 2011. The Act provided CPSC with significant new regulatory and enforcement tools as part of amending and enhancing several CPSC statutes, including the Consumer Product Safety Act.

Children’s Apparel and Sleepwear Only The Consumer Product Safety Improvement Act (CPSIA) enacted in 2008 regulates specific substances in children’s products, including children’s apparel and sleepwear. The CPSIA sets limits for lead content and phthalates in children’s products. A children’s product is defined as a consumer product designed or intended primarily for children age 12 years or younger.

http://www.cpsc.gov/ http://www.gpo.gov/fdsys/pkg/USCODE-2011-title15/pdf/USCODE-2011-title15-chap47.pdf http://www.cpsc.gov/en/Regulations-Laws--Standards/Statutes/The-Consumer-Product-Safety-Improvement-Act/ http://www.gpo.gov/fdsys/pkg/PLAW-110publ314/pdf/PLAW-110publ314.pdf http://www.gpo.gov/fdsys/pkg/PLAW-112publ28/pdf/PLAW-112publ28.pdf http://www.gpo.gov/fdsys/pkg/PLAW-110publ314/html/PLAW-110publ314.htm

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With respect to children’s apparel, Section 101(a) of the CPSIA restricts children’s products, including children’s apparel and sleepwear, to a lead content limit of 100 parts per million (ppm). In addition, the use of paint or similar surface coating on children’s apparel and sleepwear must not exceed a lead content limit of 90 ppm. The CPSC recently revised 16 CFR 1500.91(d)(7) to clarify that the Commission has determined that textiles that have treatments and applications consisting entirely of dyes do not exceed the lead content limits and are not subject to the third party testing requirements for children's products, so long as those materials have not been treated or adulterated with materials that could add lead.

Additionally, section 108 of CPSIA states that children’s toys and child care articles cannot contain more that 0.1% of six phthalates - DEHP, DBP, BBP limits are applicable to both toys and child care items while DINP, DIDP, and DnOP limits are applicable only to toys that can be placed in the mouth and are intended for children 3 and younger. Although children’s clothing does not need to be certified to this requirement, children’s sleepwear or bibs (child care article) intended for children age 3 years or younger and any children’s textile product that is intended for use in play (toy) must be certified to the phthalates requirements.

Certificates and Mandatory Third-Party Testing Section 102 of the CPSIA requires every manufacturer or importer of all consumer products that are subject to a consumer product safety rule enforced by the CPSC to issue a general certificate of conformity based on testing of the product and stating that the product complies with the applicable standard, regulation, or ban. The certificate must accompany the product and be furnished to the retailer or distributor. Section 102 also requires the manufacturers or importers of children’s products (products designed and intended primarily for children age 12 years or younger) to certify that the products comply with all relevant product safety standards by issuing a children’s product certificate supported by tests performed by a CPSC-accepted third-party testing laboratory that has been accredited. CPSC also has regulations pertaining to certificates of compliance; they can be found at 16 CFR 1110.

Every manufacturer of a non-children’s product (and the private labeler of such product, if such product bears a private label) is subject to CPSC regulations pertaining to:

• Carpets and rugs (16 CFR 1630 and 1631)

• Vinyl plastic film (16 CFR 1611)

• Wearing apparel (16 CFR 1610)

For more detailed information, see CPSC’s:

Testing and Certification and FAQs - Certification and Third-Party Testing http://www.cpsc.gov/PageFiles/129663/cpsia.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1110.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1630.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1631.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1611.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1610.pdf http://www.cpsc.gov/en/Business--Manufacturing/Testing-Certification/ http://www.cpsc.gov/en/Business--Manufacturing/Testing-Certification/ http://www.cpsc.gov/en/Business--Manufacturing/Testing-Certification/Third-Party-Testing/FAQs-Certification-and-Third-Party-Testing/

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Tracking Labels for Children’s Apparel Tracking labels are required for all products that are designed and intended primarily for children ages 12 and younger, including children’s apparel. The tracking label must be affixed to the product (to the extent practical) and packaging, visible, legible, and provide certain basic identifying information, including:

• Manufacturer or private labeler name;

• Location and date of production of the product;

• Detailed information on the manufacturing process, such as a batch or run number, or other identifying characteristics; and

• Any other information to facilitate ascertaining the specific source of the product.

Tracking Label Requirements for Children’s Products

Soft Infant and Toddler Carriers Section 104 of the CSPIA required CPSC to promulgate consumer safety standards for durable infant and children’s products. In response to this, the CPSC has issued a final rule, 16 CFR 1226 Safety Standard for Soft Infant and Toddler Carriers.

Each soft infant and toddler carrier must comply with all applicable provisions of ASTM F2236-14, which has been incorporated by reference. The standard includes general requirements that the products must meet, as well as specified test methods to ensure compliance with the general requirements, which include:

• restrictions on sharp points or edges, as defined by 16 CFR 1500.48 and .49;

• restrictions on small parts, as defined by 16 CFR 1501;

• restrictions on lead in paint, as set forth in 16 CFR 1303;

• requirements for locking and latching devices;

• requirements for permanent warning labels;

• restrictions on flammability, as set forth in 16 CFR 1610;

• requirements for toy accessories, as set forth in ASTM F 963;

• requirements on performance;

• requirements for warning labels.

In addition, under section 14 of CPSA (as amended by Sec 102(a)(1)(A) of the CPSIA) soft infant and toddler carriers are also subject to third party testing and certification requirements.

http://www.cpsc.gov/en/Business--Manufacturing/Business-Education/tracking-label/ http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-sec1226-2.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1500.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1501.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1303.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1610.pdf

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Drawstrings in Children’s Upper Outerwear In February 1996, CPSC issued guidelines which were incorporated into an industry voluntary standard to prevent children from strangling or becoming entangled on drawstrings from upper outerwear garments. In July 2011, CPSC approved a federal safety rule for drawstrings in children’s upper outerwear. Children’s upper outerwear in sizes 2T-16 must be in conformance with ASTM F1816-97, Standard Safety Specification for Drawstrings on Children's Upper Outerwear, approved June 10, 1997, published August 1998 (incorporated by reference in 16 CFR 1120.3 (b), or such outerwear will be considered a substantial product hazard.

Flammable Fabrics Act Title 15, United States Code, Chapter 25, Sections 1191-1204 The Flammable Fabric Act prohibits the manufacture for sale, the sale, or the offering for sale, in commerce, or the importation into the United States, or the introduction, delivery for introduction, transportation or causing to be transported, in commerce, or the sale or delivery after a sale or shipment in commerce of any product, fabric, or related material which fails to conform to flammability standards or regulations issued under this Act. Standards have been established for the flammability of clothing textiles, vinyl plastic film (used in clothing), carpets and rugs, children's sleepwear, and mattresses and mattress pads.

This Act is applicable to all fabric, which is defined in the Act as “any material (except fiber, filament, or yarn for other than retail sale) woven, knitted, felted, or otherwise produced from or in combination with any natural or synthetic fiber, film, or substitute thereof which is intended for use or which may reasonably be expected to be used, in any article of wearing apparel or interior furnishing.”

Flammable Fabrics Act

Flammability of Clothing 16 CFR 1610 – Standard for the Flammability of Clothing Textiles 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 their speed of burning. This minimum standard specifies that textiles used in apparel must meet class 1 or 2 flammability requirements. Class 3 textiles, the most dangerously flammable fabrics, are unsuitable for use in clothing because of their rapid and intense burning characteristics.

Regulatory Summary for Flammable Fabrics Act and Laboratory Test Manual for 16 CFR Part 1610: Standard for the Flammability of Clothing Textiles http://www.cpsc.gov/Business--Manufacturing/Business-Education/Business-Guidance/Drawstrings-in-Childrens-Upper-Outerwear/ http://www.gpo.gov/fdsys/pkg/FR-2011-07-19/pdf/2011-17961.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1120.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1120.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2011-title15/pdf/USCODE-2011-title15-chap25.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2011-title15/pdf/USCODE-2011-title15-chap25.pdf http://www.cpsc.gov/en/Regulations-Laws--Standards/Statutes/Flammable-Fabrics-Act/ http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1610.pdf http://www.cpsc.gov/PageFiles/115637/regsumwearapp.pdf http://www.cpsc.gov/PageFiles/115435/testapparel.pdf http://www.cpsc.gov/PageFiles/115435/testapparel.pdf http://www.cpsc.gov/PageFiles/115435/testapparel.pdf

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Flammability of Vinyl Plastic Film Vinyl plastic film used in apparel must comply with 16 CFR 1611 - Standard for the Flammability of Vinyl Plastic Film. The standard applies to all uncovered or exposed parts of wearing apparel made from non-rigid, unsupported plastic, rubber or other synthetic or natural film or sheeting, including transparent, translucent, and opaque material, whether plain, embossed, molded, or otherwise surface treated, which is in a form or condition ready for use in wearing apparel, and includes film or sheeting exceeding 10 mils (0.254 mm) in thickness.

Flammability of Children’s Sleepwear 16 CFR 1615 Standard for the Flammability of Children's Sleepwear: Sizes 0 through 6X and 16 CFR 1616 Standard for the Flammability of Children's Sleepwear: Sizes 7 through 14 establish mandatory flammability requirements for children’s sleepwear. Children’s sleepwear must be flame resistant and self-extinguish when exposed to a small ignition source. The rules cover all children’s sleepwear between size 9 months and size 14. The fabric, seams, trim, and garments must pass certain flammability tests or the garment must be tight-fitting as defined by specified dimensions.

All tight-fitting garments must meet the labeling requirements in the Standards, 16 CFR 1615.1(o)(10) and (11) and 16 CFR 1616.2(o)(10) and (11). The Standards require a hangtag that must meet the specified tag size, font, text, and background color and a garment neck label that must meet the specified text, layout, placement, and line border for tight-fitting children’s sleepwear. Tight-fitting sleepwear must bear the specified garment label (Figure 1) and yellow hangtag (Figure 2) unless the garment is sold in a package, in which case, the package must have the yellow label.

Tight fitting sleepwear must comply with all of the flammability requirements for clothing textiles (16 CFR 1610) or vinyl plastic film (if applicable).

Figure 1 - Tight-fitting sleepwear must also bear a label immediately below the size designation on the front of the sizing label located on the center back of the garment http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1611.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1611.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1615.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1616.pdf

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Figure2: Tight-fitting sleepwear must bear a specific hangtag bearing no other information or have a label on the packaging

Sleepwear Policy and Loungewear Position Letter and Flammability of Children’s Sleepwear Test Manual

Flammability of Carpets and Rugs Carpets and rugs must meet the flammability requirements as applicable in 16 CFR 1630 Standard for the Surface Flammability of Carpets and Rugs or 16 CFR 1631 Standard for the Surface Flammability of Small Carpets and Rugs. These standards provide test methods to determine the surface flammability of carpets and rugs when exposed to a standard small source of ignition under carefully prescribed draft-protected conditions. They are applicable to all types of carpets and rugs used as floor covering materials regardless of their method of fabrication or whether they are made of natural or synthetic fibers or films, or combinations of or substitutes for these.

If the carpet or rug has had a fire-retardant treatment or is made of fibers that have had a fire retardant treatment, it must be labeled with the letter “T”. The letter “T” should be legible and conspicuous on the label and/or invoice or other paper related to the carpet and rug if commercially installed. Small carpets and rugs not meeting the acceptance criterion of the standard must be permanently labeled with the following statement:

FLAMMABLE (FAILS U.S. DEPARTMENT OF COMMERCE STANDARD FF 2-70):

SHOULD NOT BE USED NEAR SOURCES OF IGNITION

Flammability of Mattress Sets, Mattresses, and Mattress Pads 16 CFR 1632, Standard for the Flammability of Mattresses and Mattress Pads and 16 CFR 1633, Standard for the Flammability (Open Flame) of Mattress Sets set forth the flammability requirements for mattresses and mattress pads and mattress sets, respectively.

16 CFR 1632 requires prototype designs of mattresses and mattress pads, before the sale in https://www.cpsc.gov/PageFiles/112922/sleepwearpolicy.pdf http://www.cpsc.gov/Global/Flammability%20of%20Children's%20Sleepwear%20Test%20Manual_1615_1616.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1630.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1630.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1631.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1631.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1632.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1633.pdf

Page | 8 commerce or the introduction in commerce, to comply with the flammability requirements of this standard. The standard prescribes a test to determine the ignition resistance of a mattress or a mattress pad when exposed to a lighted cigarette.

Additionally, each mattress or mattress pad must be permanently labeled with the city and state location and the month and year of manufacture. Mattress pads treated with a chemical flame retardant must be labeled prominently with the letter “T” and with instructions on how to protect the pads from chemicals that will reduce the flame resistant properties.

16 CFR 1633 establishes flammability requirements that all prototype designs of mattress sets must meet before sale or introduction into commerce. The test method set forth in this regulation measures the flammability performance (fire test response characteristics) of a mattress (or mattress set) prototype by exposing the specimen to a specified flaming ignition source and allowing it to burn freely under well-ventilated, controlled environmental conditions. All mattress sets must meet the flammability performance requirements of this regulation.

Each mattress or mattress set shall bear a permanent, conspicuous, and legible label(s) containing the following information (and no other information) in English:

• Name of the manufacturer, or for imported mattress sets, the name of the foreign manufacturer and importer.

o For mattress sets produced in the United States, the complete physical address of the manufacturer.

o For imported mattress sets, the complete address of the foreign manufacturer, including country, and the complete physical address of the importer or the United States location where the required records are maintained if different from the importer.

• Month and year of manufacture.

• Model identification.

• Prototype identification number for the mattress set. A statement identifying whether the manufacturer intends the mattress to be sold alone or with a foundation.

o For mattresses intended to be sold without a foundation, the label shall state

“THIS MATTRESS IS INTENDED TO BE USED WITHOUT A FOUNDATION.”

o For mattresses intended to be sold with a foundation, the label shall state “THIS

MATTRESS IS INTENDED TO BE USED WITH FOUNDATION(S): < Foundation ID >.”

o For mattresses intended to be sold both alone and with a foundation, the label shall state “THIS MATTRESS IS INTENDED TO BE USED WITHOUT A FOUNDATION OR WITH FOUNDATION(S): < Foundation ID >.”

• A certification on the label that the mattress complies with this standard.

o For mattresses intended to be sold without a foundation, a certification stating

“This mattress meets the requirements of 16 CFR Part 1633 (federal flammability (open flame) standard for mattresses) when used without a foundation.”

Page | 9 o For mattresses intended to be sold with a foundation, a certification stating “This mattress meets the requirements of 16 CFR Part 1633 (federal flammability (open flame) standard for mattresses) when used with foundation < ID >.” Such foundation(s) shall be clearly identified by a simple and distinct name and/or number on the mattress label.

o For mattresses intended to be sold both alone and with a foundation, a certification stating “This mattress meets the requirements of 16 CFR Part 1633 (federal flammability (open flame) standard for mattresses) when used without a foundation or with foundation(s) < ID >.” Such foundation(s) shall be clearly identified by a simple and distinct name and/or number on the mattress label.

Test Manual 76 FR 59014 -- 16 CFR Part 1632 -- Standard for the Flammability of Mattresses and Mattress Pads; Technical Amendment -- 23 September 2011 (Note: 1632.4(a)(2) – ignition source – is revised) and

75 FR 72944 -- 16 CFR Parts 1632 and 1633 -- Third Party Testing for Certain Children’s Products; Mattresses, Mattress Pads, and/or Mattress Sets: Revisions to Terms of Acceptance of Children’s Product Certifications Based on Third Party Conformity Assessment Body Testing Prior to Commission’s Acceptance of Accreditation -- 29 November 2010

Federal Hazardous Substances Act (FHSA) Title 15, United States Code, Chapter 30, Sections 1261-1278 16 CFR 1500, Federal Hazardous Substances Act (FHSA) Regulations FHSA regulations set forth requirements for hazardous household substances in products. The FHSA requires household substances that meet the definition of hazardous (as defined in the Act) to bear cautionary labeling to warn the consumer of the hazard(s) associated with the use of the product, that would enable the consumer to safely use and store the product, first aid instructions where applicable, and the statement “Keep out of the reach of children.” Whether a product must be labeled depends on its formulation and the likelihood that consumers will be exposed to any hazards it presents in reasonable and foreseeable customary use, which includes ingestion by children. The FHSA also defines as banned hazardous substances those products that are intended for use by children that present an electrical, mechanical, or thermal hazard, with some exceptions. The Act also allows the Consumer Product Safety Commission to ban through rulemaking certain products that are so dangerous or the nature of the hazard is such that the cautionary labeling requirements are not adequate to protect consumers.

http://www.cpsc.gov/PageFiles/117349/testmatt.pdf http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/pdf/2011-24482.pdf http://www.gpo.gov/fdsys/pkg/FR-2011-09-23/pdf/2011-24482.pdf http://www.gpo.gov/fdsys/pkg/FR-2010-11-29/pdf/2010-29861.pdf http://www.gpo.gov/fdsys/pkg/FR-2010-11-29/pdf/2010-29861.pdf http://www.gpo.gov/fdsys/pkg/FR-2010-11-29/pdf/2010-29861.pdf http://www.gpo.gov/fdsys/pkg/FR-2010-11-29/pdf/2010-29861.pdf http://www.gpo.gov/fdsys/pkg/FR-2010-11-29/pdf/2010-29861.pdf http://www.gpo.gov/fdsys/pkg/USCODE-2011-title15/pdf/USCODE-2011-title15-chap30.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-part1500.pdf

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Sharp Points and Edges on Children’s Products 16 CFR 1500.48 “Technical requirements for determining a sharp point in toys and other articles intended for use by children under 8 years of age” sets forth the test method for determining if a sharp point, exposed in normal use or through reasonably foreseeable damage or abuse, on toys and other articles intended for use by children under 8 years of age presents a potential risk of injury by puncture or laceration under section 2(s) of the Federal Hazardous Substances Act.

Likewise 16 CFR 1500.49 “Technical requirements for determining a sharp metal or glass edge in toys and other articles intended for use by children under 8 years of age” provides the sharp edge test method used to make a determination if metal or glass edges, exposed in normal use or as a result of reasonably foreseeable damage or abuse, on toys and other articles intended for use by children under 8 years of age present a potential risk of injury by laceration or avulsion under section 2(s) of the Federal Hazardous Substances Act. Children’s clothing and textile articles technically do not fall under the scope; however, children’s textiles and clothing that contain sharp points and edges may be considered a hazardous product and CPSC will request a voluntary product recall by the manufacturer or issue a mandatory recall.

Regulatory Summary for Requirements under the Federal Hazardous Substances Act:

Labeling and Banning Requirements for Chemicals and Other Hazardous Substances

Ban on Infant Cushions 16 CFR Part 1500.18 (a) (16) – current info link bans infant cushions and pillows that have all of the following characteristics:

• A flexible fabric covering,

• Is loosely filled with a granular material such as plastic foam beads or pellets,

• Is easily flattened,

• Is capable of conforming to the body or face of an infant, and

• Is intended or promoted for the use by children under one year of age.

Standard on Window Coverings and Cords The CPSC staff is working with the Window Covering Manufacturers Association (WCMA) to develop performance requirements and test methods to address strangulation hazards associated with window covering products that use cords and to standardize warnings regarding the hazards associated with inner cord loops, emphasizing the need for proper adjustment of inner cord stop devices. The voluntary standard "American National Standard for safety of corded window covering products" (ANSI/WCMA A.100.1) provides requirements for window covering products that address strangulation hazards associated with continuous cord loops, inner cords, and cord joiners. Although this standard is voluntary, the CPSC can and has requested a recall of window covering that pose a strangulation hazard.

http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-sec1500-48.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-sec1500-49.pdf http://www.cpsc.gov/PageFiles/111473/regsumfhsa.pdf http://www.cpsc.gov/PageFiles/111473/regsumfhsa.pdf http://www.gpo.gov/fdsys/pkg/CFR-2015-title16-vol2/pdf/CFR-2015-title16-vol2-sec1500-18.pdf

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Window Blind Cords

Pending Regulations of Note The CPSC has recently published in the Federal Register the following Notices of Proposed Rulemaking (NPRM). Each notice provides specifics as to the amendments under consideration and makes a request for comments. See:

Notice of Proposed Rulemaking: Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates (December 30, 2014) Notice of Proposed Rulemaking: Safety Standard for Sling Carriers (July 23, 2014) Notice of Proposed Rulemaking: Certificates of Compliance (May 13, 2013) Advance Notice of Propose Rulemaking: Corded Window Coverings; Request for Comments and Information (1/16/2015) Customs and Border Protection (CBP)

Country of Origin: Marking of Imported Articles and Containers Title 19, United States Code, Chapter 4, Section 1304 All products imported into the U.S. must conform to 19 CFR 134, Country of Origin Marking regulations. These regulations require that every article of foreign origin (or its container) imported into the U.S. be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, and in such a manner as to indicate to the ultimate purchaser in the U.S., the English name of the country of origin of the article at the time of importation.

For more detailed information, see CBP’s:

Terminology and Methods for Marking of Country of Origin on U.S. Imports

Environmental Protection Agency (EPA)

Antimicrobial Clothing and Household Textiles: The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Title 7, United States Code, Chapter 6, Section 136 This Act provides for federal regulation of the distribution, sale, and use of pesticides to protect human health and the environment. Products that kill or repel bacteria or germs are considered pesticides, and must be registered with the EPA prior to distribution or sale. The EPA will not register a pesticide until it has been tested to show that it will not pose an unreasonable risk when used according to the directions. This includes pesticides used on clothing or textiles to provide antimicrobial or other pesticidal characteristics.

http://www.cpsc.gov/en/Regulations-Laws--Standards/Voluntary-Standards/Window-Blind-Cords/ http://www.gpo.gov/fdsys/pkg/FR-2014-12-30/pdf/2014-29967.pdf http://www.gpo.gov/fdsys/pkg/FR-2014-12-30/pdf/2014-29967.pdf http://www.gpo.gov/fdsys/pkg/FR-2014-07-23/pdf/2014-16792.pdf http://www.gpo.gov/fdsys/pkg/FR-2013-05-13/pdf/2013-11164.pdf http://www.gpo.gov/fdsys/pkg/FR-2015-01-16/pdf/2015-00566.pdf http://www.gpo.gov/fdsys/pkg/FR-2015-01-16/pdf/2015-00566.pdf http://www.cbp.gov/ http://www.gpo.gov/fdsys/pkg/USCODE-2011-title19/pdf/USCODE-2011-title19-chap4-subtitleII-partI-sec1304.pdf http://www.gpo.gov/fdsys/pkg/CFR-2012-title19-vol1/pdf/CFR-2012-title19-vol1-part134.pdf http://www.cbp.gov/document/publications/terminology-and-methods-marking-country-origin-us-imports http://www.cbp.gov/document/publications/terminology-and-methods-marking-country-origin-us-imports http://www.epa.gov/ http://www.epa.gov/ http://www.gpo.gov/fdsys/pkg/USCODE-2011-title7/pdf/USCODE-2011-title7-chap6.pdf

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FIFRA does not allow companies to make public health pesticidal claims for any product distributed or sold unless the product has been approved and registered by EPA or is covered by an exemption from registration. The EPA will take action against companies that make such claims.

For more detailed information, see EPA’s Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Consumer Products Treated with Pesticides, Pesticide Registration Notices by Year, Pesticide Registration, and Pesticide Product Labels

Toxic Substance Control Act (TSCA) The Toxic Substances Control Act of 1976 (15 USC 2601-2692) provides EPA with authority to require reporting, record-keeping, and testing requirements, and restrictions relating to chemical substances and/or mixtures. Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics, and pesticides.

EPA has promulgated a significant new use rule (SNUR) for the use of hexabromocyclododecane and 1,2,5,6,9,10-hexabromocyclododecane (HBCD) as flame retardants in consumer textiles (other than for use in motor vehicles). The rule, effective November 23, 2015, will add a section to 40 CFR 721 to require persons who intend to manufacture (including import) or process these chemicals for the above stated use to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if appropriate, to prohibit or limit that activity before it occurs. EPA is also finalizing a SNUR for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances that are used as part of carpets or for treating carpets.

In addition, EPA is proposing to designate polybrominated diphenyl ethers (PBDEs), which are used as flame retardants, and benzidine dyes, which are used to dye textiles, as SNURs.

For more detailed information, see EPAs Hexabromocyclododecane (HBCD), Long-Chain Perfluorinated Chemicals (PFCs) PBDE Action Plan, and Benzidine Dyes Action Plan http://www.epa.gov/laws-regulations/summary-federal-insecticide-fungicide-and-rodenticide-act http://www.epa.gov/safepestcontrol/consumer-products-treated-pesticides http://www.epa.gov/PR_Notices/pr2000-1.pdf http://www.epa.gov/pesticide-registration/about-pesticide-registration…