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.

Source Note: The provisions of this §205.23 adopted to be effective January 1, 1976