| (a) Effective date. It is hereby stipulated that the effective date of these regulations shall be July 29, 1972. (b) Application of regulations. Necessary enforcement procedures, under these sections, shall apply equally to manufacturers, importers, distributors, and retailers, and responsibility for removal of proven hazardous flammable substances from the channels of commerce shall be shared equally by all parties concerned. (c) Exceptions. (1) Items subject to provisions of these sections which are "in inventory' or "with the trade' on the effective date of these sections shall be exempt. All concerned parties shall be required to maintain records verifying that these items offered for sale, after the effective date of these sections, are eligible for exemption. (2) If the department, through a determination of fact, finds that any such fabric, related material, or other product is
so highly flammable as to be dangerous when used by consumers for the purpose for which it is intended, the department may under such conditions as the commissioner may prescribe, withdraw, or limit the exemption for such fabric, related material, or other product and declare such product a banned hazardous substance pending outcome of a hearing on the merits of the case. (d) Compliance dates. Compliance dates for products subject to these sections shall be as follows: (1) Liquids, solids, and self-pressurized containers. Compliance date-July 29, 1972. (2) Children's sleepwear (Type I), 0-6X. Compliance date-July 29, 1972. (3) Children's sleepwear (Type II), 7-14X. Compliance date-12 months from date of final adoption of adequate standards and test methods, such standards and methods to be proposed on or before July 29, 1973. (4) Children's clothing (Type III), 0-14X -
(excluding sleepwear, diapers, and underwear). Compliance date-12 months from date of final adoption of adequate standards and test methods, such standards and methods to be proposed on or before July 29, 1973. (5) Toys. In order to provide sufficient lead time and being aware of the nature of marketing processes of such items, the department hereby establishes two dates for implementation: Effective date for regulations and provisions for toys shall be July 29, 1972. Such date shall serve as a notice of intent by the department. Compliance date shall be July 29, 1973, and compliance requirements shall apply to all subject items delivered into the commerce, of this state, after this date. (6) Other household articles. Compliance dates for such articles shall be determined on the basis of a reasonable and adequate warning period after a determination by the department that specific articles or classes of articles require regulation within the
framework of the Act. (e) Records. It shall be incumbent upon all concerned parties to maintain adequate records relating to all articles subject to provisions of these sections. Such records shall provide necessary information regarding manufacturing source, quantity, distribution, dates, record of any guarantees furnished, and record of any test performed, where applicable. With specific regard to flammable fabrics, it is noted that records required by rules and regulations under the Federal Flammable Fabrics Act are acceptable, and it is hereby stipulated that records requirement under these sections shall be identical to the federal requirements of both the Department of Commerce and the Federal Trade Commission, as they relate to articles covered by these sections. All records required by these sections shall be available to an authorized agent of the department in accordance with section 4(a) and (b) and section 6(1) of the Act.
(f) Disposition of rejected units. (1) Fabrics, related materials, or garments. Units of fabric, related materials, and/or garments which have been subjected to required test procedures, including the approved sampling plan, and have been rejected shall not be reinspected, used, or promoted for use in children's clothing as defined in the definition of children's clothing set forth in §205.22 of this title (relating to Definitions) except after reworking to improve flammability characteristics and subsequent retesting in accordance with the procedures previously set forth. (2) Records. Records of all unit sizes, test results, and the disposition of rejected units must be maintained by the manufacturer, in accordance with the rules and regulations established by the Federal Trade Commission and, hereby adopted by reference, by the department. (g) Questions of conflict. It is hereby provided that
questions of conflict between state and federal regulations shall be subject to decision by administrative action by the department, with approval of the commissioner, until such time as formal procedures for amendment can be considered by the State Board of Health. (h) Severability. If any section or provision of these rules, regulations, and standards or the application of that section or provisions to any person, situation, or circumstance is for any reason adjudged invalid, the adjudication does not affect any other section or provision of these rules, regulations, and standards or the application of the adjudicated section or provision to any other person, situation or circumstance. The Texas State Board of Health declares that it would have adopted the valid portions and applications of these sections without the invalid part, and to this end, the provisions of these sections are declared to be severable.
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