Current through Reg. 49, No. 38; September 20, 2024
(a) Effective date.
It is hereby stipulated that the effective date of these regulations shall be
July 29, 1972.
(b) Application of
regulations. Necessary enforcement procedures, under these sections, shall
apply equally to manufacturers, importers, distributors, and retailers, and
responsibility for removal of proven hazardous flammable substances from the
channels of commerce shall be shared equally by all parties
concerned.
(c) Exceptions.
(1) Items subject to provisions of these
sections which are "in inventory' or "with the trade' on the effective date of
these sections shall be exempt. All concerned parties shall be required to
maintain records verifying that these items offered for sale, after the
effective date of these sections, are eligible for exemption.
(2) If the department, through a
determination of fact, finds that any such fabric, related material, or other
product is so highly flammable as to be dangerous when used by consumers for
the purpose for which it is intended, the department may under such conditions
as the commissioner may prescribe, withdraw, or limit the exemption for such
fabric, related material, or other product and declare such product a banned
hazardous substance pending outcome of a hearing on the merits of the
case.
(d) Compliance
dates. Compliance dates for products subject to these sections shall be as
follows:
(1) Liquids, solids, and
self-pressurized containers. Compliance date-July 29, 1972.
(2) Children's sleepwear (Type I), 0-6X.
Compliance date-July 29, 1972.
(3)
Children's sleepwear (Type II), 7-14X. Compliance date-12 months from date of
final adoption of adequate standards and test methods, such standards and
methods to be proposed on or before July 29, 1973.
(4) Children's clothing (Type III), 0-14X -
(excluding sleepwear, diapers, and underwear). Compliance date-12 months from
date of final adoption of adequate standards and test methods, such standards
and methods to be proposed on or before July 29, 1973.
(5) Toys. In order to provide sufficient lead
time and being aware of the nature of marketing processes of such items, the
department hereby establishes two dates for implementation: Effective date for
regulations and provisions for toys shall be July 29, 1972. Such date shall
serve as a notice of intent by the department. Compliance date shall be July
29, 1973, and compliance requirements shall apply to all subject items
delivered into the commerce, of this state, after this date.
(6) Other household articles. Compliance
dates for such articles shall be determined on the basis of a reasonable and
adequate warning period after a determination by the department that specific
articles or classes of articles require regulation within the framework of the
Act.
(e) Records. It
shall be incumbent upon all concerned parties to maintain adequate records
relating to all articles subject to provisions of these sections. Such records
shall provide necessary information regarding manufacturing source, quantity,
distribution, dates, record of any guarantees furnished, and record of any test
performed, where applicable. With specific regard to flammable fabrics, it is
noted that records required by rules and regulations under the Federal
Flammable Fabrics Act are acceptable, and it is hereby stipulated that records
requirement under these sections shall be identical to the federal requirements
of both the Department of Commerce and the Federal Trade Commission, as they
relate to articles covered by these sections. All records required by these
sections shall be available to an authorized agent of the department in
accordance with section 4(a) and (b) and section 6(1) of the Act.
(f) Disposition of rejected units.
(1) Fabrics, related materials, or garments.
Units of fabric, related materials, and/or garments which have been subjected
to required test procedures, including the approved sampling plan, and have
been rejected shall not be reinspected, used, or promoted for use in children's
clothing as defined in the definition of children's clothing set forth in
§
205.22 of
this title (relating to Definitions) except after reworking to improve
flammability characteristics and subsequent retesting in accordance with the
procedures previously set forth.
(2) Records. Records of all unit sizes, test
results, and the disposition of rejected units must be maintained by the
manufacturer, in accordance with the rules and regulations established by the
Federal Trade Commission and, hereby adopted by reference, by the
department.
(g)
Questions of conflict. It is hereby provided that questions of conflict between
state and federal regulations shall be subject to decision by administrative
action by the department, with approval of the commissioner, until such time as
formal procedures for amendment can be considered by the State Board of
Health.
(h) Severability. If any
section or provision of these rules, regulations, and standards or the
application of that section or provisions to any person, situation, or
circumstance is for any reason adjudged invalid, the adjudication does not
affect any other section or provision of these rules, regulations, and
standards or the application of the adjudicated section or provision to any
other person, situation or circumstance. The Texas State Board of Health
declares that it would have adopted the valid portions and applications of
these sections without the invalid part, and to this end, the provisions of
these sections are declared to be severable.
