Revised CPSC Rule on the Retesting of Compliant Clothing Textiles

In response to multiple requests from the clothing textile industry to reduce the need to retest clothing textiles already tested and found to be in compliance with CPSC regulations, it has amended its rule with respect to flammability testing.

Effective today, April 22, 2011, the Consumer Product Safety Commission (CPSC) has revised its terms under which the agency will accept flammability test certifications for children’s products based on third party accredited test labs.

Specifically, it will accept, for children’s product certification purposes, tests conducted by accredited third party labs since August 18, 2009 (pursuant to 16 CFR Part 1610).

CPSCs rationale was based simply upon the nature of the wearing apparel industry, in that it recognized there could be a significant time lapse between fabric testing and the actual making of a garment.

At issue, was the acceptance of tests undertaken by a now-CPSC-accredited test lab, prior to its accreditation, but after August 18, 2009. Testing under these circumstances has been referred to by the CPSC as “restrospective” testing.

Rather than causing these already tested fabrics to undergo subsequent tests, however, CPSC has instead revised its position on “retrospective” testing in order to reduce the need for redundant testing.

In order to avoid the retest and issuance of new certifications, the following conditions* must apply:

• At the time of product testing, the product was tested by a third party conformity assessment body that was ISO/IEC 17025 accredited by an accreditation body that is a signatory to the ILAC–MRA;

• The third party conformity assessment body’s application for testing using the test methods in 16 CFR Part 1610 is accepted by the CPSC on or before November 16, 2010;

• The product was tested under 16 CFR Part 1610 on or after August 18, 2009;

• The accreditation scope in effect for the third party conformity assessment body at the time of testing expressly included testing to 16 CFR Part 1610;

• The test results show compliance with the applicable current standards and/or regulations; and

• The third party conformity assessment body’s accreditation, including inclusion in its scope of 16 CFR Part 1610, remains in effect through the effective date for mandatory third party testing and manufacturer certification for conformity with 16 CFR Part 1610.

* CPSC Docket No. CPSC-2010-0086, 76 FR 22608 (4/22/11)

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