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WITH no opposition evident on the part or Congress or industry, legislation to prohibit the interstate shipment of highly flammable wearing apparel is...
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POTOMAC POSTSCRIPTS ROBERT G. GIBBS, Associate Editor

Law banning interstate shipment of flammable w e a r i n g a p p a r e l shaping up in Congress iTH no opposition evident on the w:part or Congress or industry, legisla­ tion to prohibit the interstate shipment of highly flammable wearing apparel is making rapid progress. The measure has been approved by both House and Senate committees and has been passed by the House. Only a Senate vote and Presi­ dential approval are now required for it to become law. The House and Senate committees were in complete accord on the measure. The Senate adopted the House report as sub­ mitted and held no hearings of its own. It is to be noted, however, that the Senate held hearings on a similar measure during the last Congress. In reporting out the bill, the House Interstate and Foreign Commerce Com­ mittee said: "Your committee believes that the inadequacy of present statutory powers to cope effectively with the urgent problem of protecting innocent and unsus­ pecting individuals from bodily injury and even death resulting from the use of wear­ ing apparel, and fabrics used in wearing apparel, which are highly flammable makes the enactment of this legislation imperative." Legislation Slow to Develop. Proposed laws to prohibit the interstate commerce of highly flammable fabrics and wearing apparel were introduced in Congress as early as 1945. None, however, became law, although Congressional committees held hearings on several measures. The major problem in drawing up legis­ lation has been to discriminate between conventional fabrics which present mod­ erate and generally recognized hazards and those special fabrics which present unusual hazards and are highly dangerous. Factors affecting rate of burning of textile products include the kind of fiber, finishing materials present, structure of the yarn and fabric, and relative humidity. Generally, wool textiles ignite and burn with difficulty, while cotton and rayon ignite and burn more readily. Major hazards arise from certain cotton and rayon fabrics having fuzzy or furlike surfaces. These flash and burn very rapidly. Synthetic fibers generally melt when heated, and the molten material can cause serious burns when it comes in con­ tact with the skin. Standards of Flammabiiity Outlined. In its bill, the House committee adopted standards of flammabiiity of clothing tex­ tiles and vinyl plastic film issued by the Secretary of Commerce. The clothing standard, known as Com­ C H E M I C A L

mercial Standard 191-53, became effective January 30, 1953. It is a voluntary stand­ ard developed through the combined effort of several scientific and technical groups in conjunction with an industry commit­ tee composed of representatives of the cotton and rayon producers, fabric manu­ facturers, finishers, converters, wholesalers, retailers, and consumers. The American Association of Textile Chemists and Colorists and the National Retail Dry Goods Association acted as coordinating agents. The National Bureau of Standards worked with the technical committee and carried out many investigations and tests. The flammabiiity test which resulted makes use of strips of fabric 2 by 6 inches. The degree of flammabiiity is indicated by t h e number of seconds taken to burn tiie test strip when mounted at a 45-degree angle in a specially designed apparatus with a flame applied in a .specified man­ ner ( six inches away ). Those fabrics which burn in 7 seconds or more are classed as having normal flammabiiity, those from 4 to 7 seconds as intermediate, and those less than 4, seconds as "rapid and intense burning" fabrics. The committee bill applies to those fabrics in the last category. The pro­ posed law also includes certain categories of hats, gloves, and footwear, although Commercial Standard 191-53 excludes such items. The vinyl plastic film standard (Com­ mercial Standard 192-53) is the one ap­ proved by the industry. It applies to such film when used in the manufacture of such wearing articles as raincoats, capes, hoods, pants, and aprons. The bill provides that the Secretary of Commerce shall make continuous studies of the suitability and effectiveness of these and other test methods. He shall advise Congress at any time the prescribed stand­ ards become inadequate for protection. The Federal Trade Commission will have the responsibility of administering and enforcing the provisions of the law. Practical Problems Involved. One of the problems in drawing up the law was to determine what constitutes wearing apparel. The committee decided that it would include any costume or article of clothing worn or intended to b e worn by individuals. Hats, gloves, and footwear are excepted in general. Hats which cover part of the face, neck, or shoulders are included. Gloves more than 14 inches in length and those attached to another garment are included. Footwear to which hosiery is attached or which is part of anA N D

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other garment is included. Excluded from the term fabric are interlinings. Imported goods as well as those shipped in interstate commerce are included in the ban on flammable fabrics. By law, shipment of such materials will b e an u n fair method of competition a n d an u n fair and deceptive act under t h e Federal T r a d e Commission Act. Penalties for violations will not be imposed on persons w h o b u y such goods in good faith if they obtain guarantees from the manufacturer as to t h e safety of t h e goods. Issuance of false guarantees is punishable under t h e law. W i t h respect to imported goods, t h e law holds responsible the person w h o exports or attempts to export t h e flammable goods from a foreign country into t h e United States. Common carriers a n d certain processors, converters, or finishers are excluded from provisions of the act. Articles of wearing apparel or fabrics which are flammable b u t which are being shipped for t h e purpose of finishing or processing to render t h e articles less flammable are also excluded. Deficiencies in Proposed Law. James M. Mead, chairman of t h e Federal T r a d e Commission, stated, that t h e proposals m a d e are good but feels that t h e y do not go far enough. FTC, which will b e responsible for enforcing whatever law is passed, has considered this problem for some time. Mr. Mead noted, for example, that t h e bill limits its scope to wearing apparel. F T C feels that b e d covering, upholstery materials, draperies, stuffed toys, a n d household textiles, if flammable, can pose serious threats, particularly to young children and elderly persons. Such materials should b e included in t h e legislation, Mr. Mead feels, unless Congress intends to consider separate legislation for flammable textiles other t h a n wearing apparel. F T C also feels that fiber filament or yarn should also b e included in the law because m u c h of this material is used b y individuals to make hand-knitted garments, especially for children. Mr. M e a d also noted that t h e standard of flammability calls for tests on fabrics which have been dry-cleaned a n d washed. Most injuries from flammable fabrics h a v e occurred when they were n e w and h a d not been so treated. Mr. M e a d believes therefore that the test procedure p r e scribed should be adjusted to conditions commonly encountered. Mr. Mead pointed out that t h e proposed law will b e of great help to t h e F T C in keeping flammable materials out of interstate commerce. At present F T C can act only after dangerous materials h a v e been p u t on the market. At that time injury or damage m a y have occurred. Spokesmen for t h e Commerce Department favor the bill because it will help fix responsibility on the manufacturer rather than on the dealer or retailer, w h o may be unaware of t h e danger of t h e products h e is selling.

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