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RULE §205.21Scope

(a) These sections pertain to flammability and flammable hazards only, as they are established by Texas Civil Statutes, Article 4476-13, and all manufacturers, processors, importers, distributors, and retailers of hazardous flammable articles are invited to acquaint themselves with the contents of this information in order that they may more readily and effectively comply with the requirements of Texas Civil Statutes, Article 4476-13 and these sections.

(b) Periodic changes and/or up-dates in these regulations will be required as technology and product development changes and such amendments shall be subject to required notice and hearing procedures. Changes necessary to the maintenance of conformity between state and federal regulations shall be made, on a temporary basis, by administrative action of the department, as authorized under §205.26(g) of this title (relating to Special Provisions), when it has been determined that the delay of formal amendment procedures will create a condition of conflict between state and federal regulations.

(c) These sections are concerned with types or classes of items which may properly be described as flammable hazards, as the term is used in Texas Civil Statutes, Article 4476-13. It is hereby stipulated that the scope of these regulations shall include, but not be limited to these items or articles specifically named in these regulations, but shall also include any and all similar or related items, not named herein, which might be in a place of access to children or intended for use in a household or put to a reasonable and customary use, as determined by application of the legal rule of "acts of a reasonable and prudent man.'

(d) These sections are designed to conform with applicable provisions and requirements of the Federal Flammable Fabrics Act, Federal Hazardous Substance Act, and Federal Standards for Flammability of Children's Clothing in so far as these acts and standards relate to acceptance criterion, performance levels and test procedures. Variations between these regulations and the above noted acts and standards are in compliance with specific requirements of the Texas Hazardous Substance Act; they are supplemental to the minimum Federal requirements and are not in conflict with such requirements.

(e) The provisions of this subchapter are applicable specifically and exclusively to the flammability characteristics and/or flammability hazards of the products, materials, or articles which may be defined in these regulations.

(f) All rules, regulations, administrative rulings, and/or policy statements issued prior to the effective date of these regulations and in conflict herewith shall be superseded by these regulations upon their final adoption by the Texas State Board of Health.

Source Note: The provisions of this §205.21 adopted to be effective January 1, 1976.

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