Notes on Regulations Governing the Export of Children's Clothing

Background

Children's clothing regulations for the European and US markets cover content labels, mechanical safety, and flammability requirements.

The US

• 16 CFR Part 303/300 requires apparel products to have a label listing country of origin, fibre content and importer/manufacturer information. Other regulations concerning labels and marks include 16 CFR Part 423 - Care Labelling of Textile Wearing Apparel and Certain Piece Goods as Amended and CPSIA Section 103 - Tracking Label Requirement for Children's Products.
• Flammable Fabrics Act (FFA) is enforced by CPSC, under which CPSC has issued a range of mandatory flammability standards for clothing textiles (16 CFR Part 1610), vinyl plastic film (used in clothing) (16 CFR Part 1611) and children's sleepwear (16 CFR Part 1615/1616), etc. Relevant products shall conform to these established flammability standards.
• US regulations on the mechanical safety of children's clothing include 16 CFR Part 1120, 16 CFR Part 1500.48/49 and 16 CFR Part 1501, which regulate drawstrings, sharp points, sharp edges, and small parts in children's clothing.
• The Consumer Product Safety Improvement Act (CPSIA) is the strictest consumer protection regulation in the US since the establishment of CPSC. It regulates the safety of products for children 12 years of age or younger.

The EU

• Regulation (EU) No 1007/2011 lays down provisions on textile fibre names, labelling and marking of the fibre composition of textile products and fibre composition testing methods.
• General Product Safety Directive (GPSD) 2001/95/EC requires products sold in member countries to be safe and has included the safety of cords and drawstrings in children's clothing into its harmonized standards list. For the requirements of sharp points, sharp edges and small parts, refer to EN 71-1 under the Toy Safety Directive.
• Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) is an EU regulation that prevents the risks that can be posed by chemicals entering the market. Children-related products such as children's clothing are also under its control.
• The Persistent Organic Pollutants (POPs) Regulation bans or restricts the use of semi-volatile and highly toxic organic pollutants that are persistent in the environment, accumulate in living organisms, and pose a great threat to our health and the environment by being transported over a long distance through environmental media. Children's clothing that may contain such chemicals shall conform to the Regulation.

Scope

The US

• 16 CFR Part 303/300 and Part 423 apply to textile products including children's clothing. CPSIA Section 103 applies to products for children 12 years of age or younger.
• Flammability standards apply to clothing textiles (16 CFR Part 1610), vinyl plastic film (used in clothing) (16 CFR Part 1611) and children's sleepwear (16 CFR Part 1615/1616).
• 16 CFR Part 1120 lays down the requirements of drawstrings and dimensions of children's clothing. 16 CFR Part 1500.48/49 lays down the requirements relating to sharp points and edges in toys and similar products for children under eight years of age. 16 CFR Part 1501 applies to toys and similar products for children under three years of age.
• CPSIA applies to products for children under 12 years of age in the US market, including children's clothing.

The EU

• Regulation (EU) No 1007/2011 applies to products containing at least 80% by weight of textile fibres. GPSD applies to consumer products entering the EU market, including children's clothing and care products.
• REACH applies to substances, preparations and articles supplied to or sold in the European market. By articles, we mean all kinds of items or odds and ends, including children-related products such as children's clothing.
• The POPs Regulation applies to substances, preparations, and articles, including children's clothing.

Regulations
The US:

• Labelling and marking - Children's apparel products shall have a label listing the country of origin, importer/manufacturer information, fibre content and washing and care instructions in compliance with the tracking label requirements.
• Flammability - Generally, children's clothing shall conform to the requirements for Class 1 flammability specified in 16 CFR Part 1610. Those made of vinyl materials shall conform to 16 CFR Part 1611. Children's sleepwear in sizes 0 through 6x shall conform to 16 CFR Part 1615 while those in sizes 7 through 14 shall conform to 16 CFR Part 1616.
• Drawstrings in children's clothing shall conform to 16 CFR Part 1120:

         - Drawstrings at the hood and neck area of children's upper outerwear in sizes 2T to 12 are prohibited.

         - Waist or bottom drawstrings in upper outerwear sizes 2T to 16 shall conform to the following requirements:

             a. When the garment is expanded to its fullest width, the length of drawstrings shall not exceed 3cm.

             b. The garment shall be free of toggles, knots, and other attachments at the free ends of drawstrings.

             c.  If the drawstring is one continuous string, it shall be tacked.

• Clothing for children under three years of age shall be free of small parts, and those for children under eight years of age shall have no sharp points or edges.
• Children's clothing entering the US market shall conform to CPSIA as well as the regulations in the state where they are sold, such as California Proposition 65. Also, they shall undergo tests according to previous lawsuit cases: a) Lead: The concentration of lead shall not exceed 90mg/kg in any surface coating and 100mg/kg in accessible parts; b) Phthalates: Children's toys and childcare articles shall not contain concentrations of more than 1,000mg/kg of DBP, BBP, DEHP, DCHP, DHEXP (DnHP), DIBP, DPENP, and DINP.

The EU:

• Labelling and marking - Children's clothing shall have a label listing the fibre content and the manufacturer's name, address and other information. The label shall be durable, legible and clearly visible.
• Mechanical safety - Decorative or functional cords and drawstrings in clothing for children under 14 years of age shall conform to EN 14682. Such clothing shall be free of sharp points and edges. Those for children under three years of age shall not have any small parts.
• The EU regulates the use of chemicals in all products entering the market. Children's clothing containing controlled chemicals shall conform to relevant restrictions. Controlled chemicals include:

           - Azo

- Nonylphenol ethoxylates

- Pentachlorophenol

- Dimethyl fumarate

- Organotin

- Flame retardant

- PFOS/PFOA

- 33 CMR

- Hexavalent chromium

- Lead

- Cadmium

- Phthalates

- SCCP

- Nickel release

- Pesticides

Legal Basis

For more information about the regulations on children's clothing, please refer to:

https://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/general-product-safety_en

https://ec.europa.eu/growth/sectors/fashion/textiles-clothing/legislation/

https://www.ecfr.gov/cgi-bin/text-idx?gp=&SID=a9f3f24212e5718eb1bd0227e36bd374&mc=true&tpl=/ecfrbrowse/Title16/16tab_02.tpl

REACH:

https://echa.europa.eu/de/regulations/reach/understanding-reach

POPs:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019R1021

CPSIA:

https://www.cpsc.gov/Regulations-Laws--Standards/Statutes/The-Consumer-Product-Safety-Improvement-Act/

Note: The above information does not constitute any legal advice and shall not be deemed or represent the legal opinion or conclusion of the regulatory body. Further, we do not undertake or warrant that the information represents the latest laws and regulations. For specific information, consult the competent authority, law firms, or third-party certification/testing/consulting companies in the target country or region.
 

AliExpress
August 31, 2020