(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.