The application of these sections must, by direction of Texas
Civil Statutes Article 4476-13, be directed toward groups, types,
or classes of flammable substances, rather than individual products.
This section clearly establishes these classifications and the degree
of flammability which must be considered for purposes of labeling.
(1) Solids. The flammability characteristics of solids
shall be classified as "flammable' or "extremely flammable,' as follows:
(A) Flammable solids. A solid shall be deemed "flammable'
if, when tested by the method prescribed in paragraph 191.14(A)(2)
of the Federal Hazardous Substances Act, 15 United States Code §1251
et. seq., it ignites and burns with a self-sustained flame at a rate
greater than 1/10 of an inch per second along its major axis.
(B) Extremely flammable solids. A solid substance shall
be deemed "extremely flammable" if it ignites and burns at an ambient
temperature of 80 degrees Fahrenheit or less when subjected to friction,
or to percussion, or to an electrical spark.
(2) Liquids. The flammability characteristics of liquid
shall be classified as "flammable' or "extremely flammable,' as follows:
(A) Flammable liquids. A liquid substance shall be
deemed "flammable" when such substance has a flash point of above
20 degrees Fahrenheit to and including 80 degrees Fahrenheit as determined
by the Tagliabue open cup test.
(B) Extremely flammable liquids. A liquid substance
shall be deemed "extremely flammable" when such substance has a flash
point at or below 20 degrees Fahrenheit as determined by the Tagliabue
open cup test.
(3) Contents of self-pressurized containers. The flammability
characteristics of the contents of self-pressurized containers shall
be classified as "flammable' or "extremely flammable,' as follows:
(A) Flammable contents. Contents of self-pressurized
containers shall be deemed "flammable' if, when tested by the method
prescribed in the addendum, a flame projection exceeding 18 inches
is obtained at full valve opening or a flashback (a flame extending
back to the dispenser) is obtained at any degree of valve opening.
(B) Extremely flammable contents. Contents of self-pressurized
containers shall be deemed "extremely flammable' if, when tested
by the method prescribed in paragraph 191.14(A)(2) of the Federal
Hazardous Substances Act, 15 United States Code, §1251 et. seq.,
flashback (a flame extending back to the dispenser) is obtained at
any degree of valve opening and the flashpoint, when tested by the
method prescribed, is less than 20°F.
(4) Toys or other articles.
(A) A toy or other article, other than clothing, intended
for use by children, which is a hazardous flammable substance, or
which bears or contains a hazardous flammable substance in a manner
which is susceptible to access by a child to whom the toy or other
article is entrusted, or which is intended or packaged in a form suitable
for use in the household or by children, shall be subject to all
provisions of the Act or rules and regulations pertaining thereto,
or both.
(B) The degree of flammability and the extent of the
hazard of toys and other household Articles shall be determined by
application of the text procedures and criterion established for any
or all of the component parts as they may be defined under other sections
of these regulations.
(5) Children's clothing.
(A) Pursuant to the directives of the Act, as it pertains
to clothing, and the requirements of existing federal standards on
children's sleepwear, regulations are to be promulgated herein which
conform to the requirements of both state and federal mandates.
(B) Due to the fact that standards or regulations for
clothing and materials are more extensive, more subject to change
(as technology changes), and more restrictive in their overall interpretation,
we believe that the best interest of all parties can be served by
establishing flammability regulations for clothing under a separate
section or rule in order that this problem might be considered as
a total unit. In order to accomplish this, we have devoted subparagraph
(C) of this paragraph to the subject of clothing and materials for
clothing.
(C) Children's clothing-general comments and provisions.
(i) In compliance with the requirements of the Act,
it is incumbent upon the department to consider and promulgate regulations
that address themselves to all clothing (other than diapers) intended
for use by children 14 years or younger.
(ii) Due to the wide diversity in the relationship
of size to age and in the absence of satisfactory factual evidence
upon which to base such a relationship, the department is herewith
invoking its authority, under the Act, §3(a), and determining
that, under customary and reasonable practices, clothing sizes from
0-14X, inclusive, provide an adequate range of sizes intended for
use of children 14 years or younger.
(iii) It should be noted that the Act provides for
regulation of outer clothing as well as sleepwear. Because of the
basic differences in materials used, fabric weights, weave, fit, findings,
trim, uses, and general flammable characteristics and because of the
varied reactions of these different features to the standard test
procedures prescribed by the U.S. Department of Commerce for testing
of fabric flammability, the department feels that such items of clothing
should be considered as three separate types: children's sleepwear
sizes 0-6X, children's sleepwear sizes 7-14, and children's clothing
(other than sleepwear, diapers and underwear) sizes 0-14.
(iv) Note: All parties at interest should hereby be
advised that test procedures are presently being evaluated in order
to determine performance capabilities for outer garment fabrics and
for sleepwear sizes 7-14 and that standards and regulations along
with test procedures will be promulgated and announced on or before
July 29, 1973. Such standards shall, of course, be in conformity with
any federal efforts, in this category, which might be announced prior
to the July 29, 1973, date, and appropriate compliance dates shall
be established in accord with legal requirements and recognition of
the necessary 12-month notice period.
(D) Priority classifications of children's clothing.
For purposes of these sections, children's clothing shall be considered
in three separate types with each type comprised of a particular group
of Articles identified either by size, range, type of clothing, or
both. These types shall be identified as follows:
(i) Type I. Children's sleepwear, sizes 0-6X.
(ii) Type II. Children's sleepwear, sizes 7-14.
(iii) Type III. Children's clothing (exclusive of sleepwear,
diapers, and underwear), sizes 0-14.
|
