(a) Children's sleepwear (Type I), sizes 0-6X inclusive.
  (1) Definitions. In addition to the definitions given in section 2 of the Federal Flammable Fabrics Act, as amended (Sec. 1, 81 Stat, 568, 15 United States Code 1191), section 7.2 of the Procedures (33 F.R. 14642, Oct. 1, 1968) and §205.21 of this title (relating to Scope), the following definitions apply for the purposes of this section:
    (A) Children's sleepwear-As used in this subsection, means any product of wearing apparel up to and including size 6X, such as nightgowns, pajamas, or similar or related items, such as robes, intended to be worn primarily for sleeping or activities related to sleeping. Diapers and underwear are excluded from this definition.
    (B) Size 6X-The size defined as 6X in Department of Commerce Voluntary Product Standard, previously identified as Commercial Standard, CS 151-50, "Body Measurements for the Sizing of Apparel for Infants, Babies, Toddlers, and Children,' unless otherwise defined in the context herein.
    (C) Item-Any product of children's sleepwear, or any fabric or related material intended or promoted for use in children's sleepwear.
    (D) Trim-Decorative materials, such as ribbons, laces, embroidery, or ornaments. This definition does not include:
      (i) individual pieces less than two inches in their longest dimension, provided that such pieces do not constitute or cover in aggregate a total or more than 20 square inches of the item; or
      (ii) functional materials (findings), such as zippers, buttons or elastic bands, used in the construction of garments.
    (E) Acceptance criterion-The maximum char length and residual flame time which an item may exhibit in order to comply with this standard.
    (F) Char length--The distance from the original lower edge of the specimen exposed to the flame in accordance with the procedure specified in 16 CFR 1615, §4 (Test Procedure) to the end of the tear or void in the charred, burned, or damaged area, the tear being made in accordance with the procedure specified in 16 CFR 1615, §4(d)(2) (Test Procedure).
    (G) Residual flame time-The time from removal of the burner from the specimen to the final extinction of molten material or other fragments flaming on the base of the cabinet.
    (H) Afterglow-The continuation of glowing of parts of a specimen after flaming has ceased.
  (2) Scope and application.
    (A) This standard provides a test method to determine the flammability of items of children's sleepwear.
    (B) All items of children's sleepwear must meet the acceptance criterion, except during the period set out in 16 C.F.R. 1615, §5(b) (Test Procedure).
  (3) General requirements.
    (A) Summary of test method. Five conditioned specimens, 8.9 centimeters by 25.4 centimeters (3.5 inches by 10 inches) are suspended one at a time vertically in holders in a prescribed cabinet and subjected to a standard flame along their bottom edge for a specified time under controlled conditions. The char length and residual flame time are measured.
    (B) Acceptance criterion. An item meets the acceptance criterion if:
      (i) the average char length of five specimens does not exceed 17.8 centimeters (7.0 inches);
      (ii) no individual specimen has a char length of 25.4 centimeters (10 inches) ; and
      (iii) no individual specimen has a residual flame time greater than 10 seconds, when the testing is done in accordance with specified test method.
  (4) Labeling requirements.
    (A) Care labels. All items of children's sleepwear shall be labeled with precautionary instructions to protect the items from agents or treatments which are known to cause deterioration of their flame resistance. If the item has been initially tested under 16 C.F.R. 1615, §4(d)(4) (Test Procedure) after one washing and drying, it shall be labeled with instructions to wash before wearing. Such labels shall be permanent and otherwise in accordance with rules and regulations established by the Federal Trade Commission.
    (B) Temporary requirement of noncomplying items. Items of noncomplying children's sleepwear which are manufactured during the 12 months following the effective date of the regulation shall, prior to introduction into commerce, be prominently, permanently, and conspicuously labeled with the following statement: "Flammable (Does Not Meet U. S. Department of Commerce Standard DOC FF 3-71.) Should not be worn near sources of fire.' Such labels should be in accordance with the rules and regulations established by the Federal Trade Commission and this department.
(b) Children's sleepwear (Type II), sizes 7-14 inclusive.
  (1) Definitions. Definitions applicable to this section shall be identical to those definitions set out in subsection (a)(1) of this section with the single exception of size range.
  (2) Scope and application.
    (A) This standard shall provide an adequate test method to determine the flammability of items of children's sleepwear, sizes 7-14 inclusive.
    (B) All items of children's sleepwear (Type II) must meet the acceptance criterion to be established on or before July 29, 1973, subject to the stipulated 12-month lead time.
  (3) General requirements. General requirements for Type II sleepwear shall be stipulated at the time of adoption of final standards and test method for Type II articles.
  (4) Labeling requirements. Labeling requirements for Type II sleepwear, if necessary, shall be stipulated at the time of adoption of final standards and test method for Type II articles. No specific labeling requirements for Type II sleepwear are established by these rules at this time; however, the department will accept and, in fact, does encourage the use of positive labeling for those garments that pass Federal Standard DOC FF 3-71, with amendments and use of the Department of Commerce sampling plan, as published in the Federal Register, Volume 37, Number 75, Tuesday, April 18, 1972.
(c) Children's clothing (Type III) (exclusive of sleepwear, diapers, and underwear), sizes 0-14.
  (1) Definitions. Definitions established in subsection (a)(1)(E)-(H) of this section shall also be applicable to this section and shall be augmented by additional specific definitions upon adoption of final standard for Type III garments.
  (2) Scope and Application.
    (A) This standard shall provide an adequate test method to determine the flammability of items of children's clothing, sizes 0-14 inclusive, exclusive of sleepwear, diapers, and underwear.
    (B) All items of children's clothing (Type III) must meet the acceptance criterion to be established on or before July 29, 1973, subject to the stipulated 12-month lead time.
  (3) General requirements. General requirements for Type III clothing shall be stipulated at the time of adoption of final standards and test method for Type III Articles.
  (4) Labeling requirements. Labeling requirements for Type III clothing, if necessary, shall be stipulated at the time of final adoption of standards and test method for Type III Articles.

Source Note: The provisions of this §205.24 adopted to be effective January 1, 1976.