An Act to amend the Flammable Fabrics Act to increase the protection afforded consumers against injurious flammable fabrics
PL 90-189 (S.1003), enacted 12/14/1967

568 
PUBLIC LAW 90-189-DEC. 14, 1967 
[81 STAT. 
Public Law 90-189 
December 14, 1967 
AN 
A C T 
[s. 1003] 
rJ^^y amend the Flammable Fabrics Act to increase the protection afforded con-
sumers against injurious flammable fabrics. 
Flammable 
Fabrics Act, 
amendment. 
'Commerce." 
'Territory." 
"Article of 
wearing apparel." 
Repeal. 
"Interior fur-
nishing." 
" F a b r i c . " 
"Related mate-
rial." 
"Product. 
67 Stat. 111. 
15 u s e 119 2. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assefiihled, That section 2 of 
the Flammable Fabrics Act (15 U.S.C. 1191; 67 Stat. I l l ) is amended 
b y -
(1) amending paragraph (b) to read as follows: 
"(b) The term 'commerce' means commerce among the several 
States or with foreign nations or in any territory of the United States 
or in the District of Columbia or between any such territory and 
another, or between any such territory and any State or foreign nation, 
or between the District of Columbia or the Commonwealth of Puerto 
Rico and any State or territory or foreign nation, or between the 
Commonwealth of Puerto Rico and any State or territory or foreign 
nation or the District of Columbia." 
(2) amending paragraph (c) to read as follows: 
"(c) The term 'territory* includes the insular possessions of the 
United States and also any territory of the United States." 
(3) amending paragraph (d) to reiid as follows: 
"(d) The term 'article of wearing apparel' means any costume or 
article of clothing worn or intended to be worn by individuals." 
(4) repealing paragraph (f); 
(5) redesignating paragraphs (e), (g),and (h) as paragraphs 
(f), (i),and (j),respectiv-ely; 
(6) inserting therein, immediately after paragraph (d), the 
following new paragraph: 
"(e) The term 'interior furnishing' means any type of furnishing 
made in whole or in part of fabric or related material and intended for 
use or which may reasonably be expected to be used, in homes, offices, 
or other places of assembly or accommodation." 
(f) amending redesignated paragraph (f) to read as follows: 
"(f) The term 'fabric' means any material (except fiber, filament, 
or yarn for other than retail sale) woven, knitted, felted, or otherwise 
produced from or in combination with any natural or synthetic fiber, 
film, or substitute therefor which is intended for use or which may 
reasonably be expected to be used, in any product as defined in 
subsection (h)." 
(8) inserting therein, immediately after redesignated para-
graph (f), the following new paragraphs: 
"(g) The term 'related material' means paper, plastic, rubber, syn-
thetic film, or synthetic foam which is intended for use or which 
may reasonably be expected to be used in any product as defined in 
subsection (h). 
"(h) The term 'product' means any article of wearing apparel or 
interior furnishing." 
SEC, 2, Section .3 of the Flammable Fabrics Act is amended to read 
as follows: 
u 
Post, p. 569. 
PROHIBITED TRANSACTIONS 
"SEC. 3. (a) The manufacture for sale, the sale, or the offering for 
sale, in commerce, or the importation into the United States, or the 
introduction, delivery for introduction, transportation or causing to 
be transported, in commerce, or the sale or delivery after a sale or ship-
ment in commerce, of any product, fabric, or related material which 
fails to conform to an applicable standard or regulation issued or 
amended under the provisions of section 4 of this Act, shall be unlaw-
Post, 
p. 573. 
81 STAT.] 
PUBLIC LAW 90-189-DEC. 14, 1967 
569 
ful and shall be an unfair method of competition and an unfair and 
deceptive act or practice in commerce under the Federal Trade Com-
mission Act. 
_ 
isuscss!^' 
"(b) The manufacture for sale, the sale, or the offering for sale, of 
any product made of fabric or related material which fails to conform 
to an applicable standard or regulation issued or amended under sec-
tion 4 of this Act, and which has been shipped or received in commerce 
shall be unlawful and shall be an unfair method of competition and 
an unfair and deceptive act or practice in commerce under the Federal 
Trade Commission Act." 
SEC. 3. Section 4 of the Flammable Fabrics Act is amended to read 
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as follows: 
"REGULATION OF FLAMMABLE FABRICS 
"SEC. 4. (a) Whenever the Secretary of Commerce finds on the 
basis of the investigations or research conducted pursuant to section 
14 of this Act that a new or amended flammability standard or other 
regulation, including labeling, for a fabric, related material, or product 
may be needed to protect the public against unreasonable risk of the 
occurrence of fire leading to death or personal injury, or significant 
property damage, he shall institute proceedings for the determination 
of an appropriate flammability standard (including conditions and 
manner of testing) or other regulation or amendment thereto for such 
fabric, related material, or product, 
" (b) Each standard, regulation, or amendment thereto promulgated 
pursuant to this section shall be based on findings that such standard, 
regulation, or amendment thereto is needed to adequately protect the 
public against unreasonable risk of the occurrence of fire leading to 
death, injury, or significant property damage, is reasonable, techno-
logically practicable, and appropriate, is limited to sucli fabrics, 
related materials, or products which have been determined to present 
such unreasonable risks, and shall be stated in objective terms. Each 
such standard, regulation, or amendment thereto, shall become effec-
tive twelve months from the date on which such standard, regulation, 
or amendment is promulgated, unless the Secretary of Commerce finds 
for good cause shown that an earlier or later effective date is in the 
public interest and publishes the reason for such finding. Each such 
standard or regulation or amendment thereto shall exempt fabrics, 
related materials, or products in inventory or Avith the trade as of 
the date on which the standard, regulation, or amendment thereto, 
becomes effective except that, if the Secretary finds that any such 
fabric, related material, or product is so highly flammable as to be 
dangerous when used by consumers for the purpose for which it is 
intended, he may under such conditions as the Secretary may pre-
scribe, withdraw, or limit the exemption for such fabric, related mate-
rial, or product, 
"(c) The Secretary of Commerce may obtain from any person by 
regulation or subpena issued pursuant tliereto such information in the 
form of testimony, books, records, or other writings as is pertinent to 
the findings or determinations whicli he is required or authorized to 
make pursuant to this Act. All information reported to or otherwise 
obtained by the Secretary or his representative pursuant to this sub-
section which information contains or relates to a trade secret or other 
matter referred to in section 1905 of title 18 of the United States Code, " s*^*- ^^i-
shall be considered confidential for the purpose of that section, except 
that such information may be disclosed to other officers or employees 
concerned with carrying out this Act or Avhen relevant in any proceed-
570 
PUBLIC LAW 90-189-DEC. 14, 1967 
[81 STAT. 
ing under this Act. Nothing in this section shall authorize the with-
holding of information by the Secretary or any officer or employee 
under his control, from the duly authorized committees of the 
Congress. 
"(d) The provisions of sections 551 through 559 of title 5, United 
An °e,^p^*54.^ ^' 
States Codc, shall apply to the issuance of all standards or regulations 
or amendments thereto under this section. 
Judicial review. 
"(e)(1) Any persou who will be adversely affected by any such 
standard or regulation or amendment thereto when it is effective may 
at any time prior to the sixtieth day after such standard or regulation 
or amendment thereto is issued file a petition with the United States 
court of appeals for the circuit wherein such person resides or has his 
principal place of business, for a judicial review thereof. A copy of the 
petition shall be forthwith transmitted by the clerk of the court to the 
Secretary or other officer designated by him for that purpose. The 
Secretary thereupon shall file in the court the record of the proceedings 
on which the Secretary based the standard or regulation, as provided 
72 Stat. 941. 
-j^ sectlou 2112 of title 28 of the United States Code. 
"(2) If the petitioner applies to the court for leave to adduce addi-
tional evidence, and shows to the satisfaction of the court that such 
additional evidence is material and that there were reasonable grounds 
for the failure to adduce such evidence in the proceeding before the 
Secretary, the court may order such additional evidence (and evidence 
in rebuttal thereof) to be taken before the Secretary, and to be adduced 
upon the hearing, in such manner and upon such terms and conditions 
as to the court may seem proper. The Secretaiy may modify his find-
ings, or make new findings, by reason of the additional evidence so 
taken, and he shall file such modified or new findings, and his recom-
mendations, if any, for the modification or setting aside of his original 
standard or regulation or amendment thereto, with the return of such 
additional evidence. 
"(3) tipon the filing of the petition referred to in paragraph (1) 
of this subsection, the court shall have jurisdiction to review the 
standard or regulation in accordance with chapter 7 of title 5 of the 
LTnited States Code and to grant appropriate relief as provided in 
such chapter. 
" (4) The judgment of the court affirming or setting aside, in whole 
or in part, any such standard or regulation of the Secretary shall be 
final, subject to review by the Supreme Court of the United States upon 
certiorari or certification as provided in section 1254 of title 28 of the 
62 Stat. 928. 
United States Code. 
"(5) Any action instituted under this subsection shall survive, not-
withstanding any change in the person occupying the office of Secre-
tary or any vacancy in such office. 
"(6) The remedies provided for in this subsection shall be in addi-
tion to and not in substitution for any other remedies provided by law. 
rlceedi^^^s °^ 
"^^^ ^ Certified copy of the transcript of the record and proceed-
procee ings. 
.^^^^ uuder subsectiou (e) shall be furnished by the Secretary to any 
interested party at his request, and payment of the costs thereof, and 
shall be admissible in any criminal, exclusion of imports, or other 
proceeding arising under or in respect of this Act, irrespective of 
whether proceedings with respect to the standard or regulation or 
amendment thereto have previously been initiated or become final 
under subsection (e)." 
lauon's! ""'^'^^"' 
SEC. 4. (a) Subsection (c) of section 5 of the Flammable Fabrics 
67 Stat. 113. 
Act is amended to read as follows: 
80 Stat. 392. 
5 u s e 701-706. 
15 use 1194. 
81 STAT.] 
PUBLIC LAW 90-189-DEC. 14, 1967 
571 
"(c) The Commission is authorized and directed to prescribe such 
rules and regulations, including provisions for maintenance of records 
Records. 
relating to fabrics, related materials, and products, as may be neces-
sary and proper for administration and enforcement of this Act. The 
violation of such rules and regulations shall be unlawful and shall be 
an unfair method of competition and an unfair and deceptive act or 
practice, in commerce, under the Federal Trade Commission Act." 
^s sm. j^i?. 
(b) Subsection (d) of section 5 of the Act is amended by substitut- 
57 stat. 113. 
ing "product," for "article of wearing apparel or" and by inserting "or 
is use 1194. 
related material" immediately after "fabric" in paragraph (1) thereof ; 
and by striking out ", Territory, or possession or with the District of 
Columbia*' and inserting in lieu thereof "or territory or with the Dis-
trict of Columbia or the Commonwealth of Puerto Rico" in paragraph 
(2) thereof. 
SEC. 5. (a) Subsection (a) of section 6 of the Flammable Fabrics 
injunction and 
. 
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condemnation pro-
Act IS amended by msertmg ", or a rule or regulation prescribed ceedings. 
under section 5(c)," immediately after "section 3"; and by striking 
^5 use 1195. 
out "or in United States court of any Territory for the district or 
Territory in which such person resides or transacts business" and 
inserting in lieu thereof the following: "for the district in which such 
person resides or transacts business, or, if such person resides or trans-
acts business in Guam or the Virgin Islands, then in the District Court 
of Guam or in the District Court of the Virgin Islands (as the case 
may be)". 
(b) Subsections (b), (c), and (d) of section 6 of the Flammable 
Fabrics Act are amended to read as follows: 
"(b) "Whenever the Commission has reason to believe that any 
product has been manufactured or introduced into commerce or any 
fabric or related material has been introduced in commerce in violation 
of section 3 of this Act, it may institute proceedings by process of libel 
^"''^' P- ^^^• 
for the seizure and confiscation of such product, fabric, or related 
material in any district court of the L^nited States within the jurisdic-
tion of which such product, fabric, or related material is found. Pro-
ceedings in cases instituted under the authority of this section shall 
conform as nearly as may be to proceedings in rem in admiralty, except 
that on demand of either party and in the discretion of the court, any 
issue of fact shall be tried by jury. Whenever such proceedings involv-
ing identical products, fabrics, or related materials are pending in two 
or more jurisdictions, they may be consolidated for trial by order of 
any such court upon application seasonably made by any party in 
interest upon notice to all other parties in interest. Any court granting 
an order of consolidation shall cause prompt notification thereof to be 
given to other courts having jurisdiction in the cases covered thereby 
and the clerks of such other courts shall transmit all pertinent records 
and papers to the court designated for the trial of such consolidated 
proceedings. 
"(c) In any such action the court, upon application seasonably 
made before trial, shall by order allow any party in interest, his attor-
ney or agent, to obtain a representative sample of the product, fabric, 
or related material seized. 
"(d) If such products, fabrics, or related materials are condemned 
by the court they shall be disposed of by destruction, by delivery to 
the owner or claimant thereof upon payment of court costs and fees 
and storage and other proj^er expenses and upon execution of good 
and sufficient bond to the effect that such products, fabrics, or related 
materials will not be disposed of until properly and adequately treated 
572 
PUBLIC LAW 90-189-DEC. 14, 1967 
[81 STAT. 
or processed so as to render them lawful for introduction into com-
merce, or by sale upon execution of good and sufficient bond to the 
effect that such products, fabrics, or related materials will not be dis-
posed of until properly and ade<^uately treated or processed so as to 
render them lawful for introduction into commerce. If such products, 
fabrics, or related materials are disposed of by sale the proceeds, less 
costs and charges, shall be paid into the Treasury of the United 
States." 
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SEC. 6. Section 8 of the Flammable Fabrics Act is amended to read 
as lollows: 
"GUARANTY 
" S E C . 8. (a) No person shall be subject to prosecution under sec-
15 use 1196. 
tion 7 of this Act for a violation of section 3 of this Act if such person 
" ^' ^' 
' 
(1) establishes a guaranty received in good faith signed by and con-
taining the name and address of the person by whom the product, 
fabric, or related material guaranteed was manufactured or from 
whom it was received, to the effect that reasonable and representative 
tests made in accordance with standards issued or amended under the 
Ante, p. 569. 
provlsious of sectiou 4 of this Act show that the fabric or related mate-
rial covered by the guaranty, or used in the product covered by the 
guaranty, conforms with applicable flammability standards issued or 
amended under the provisions of section 4 of this Act, and (2) has not, 
by further processing, affected the flammability of the fabric, related 
material, or product covered by the guaranty which he received. Such 
guaranty shall be either (1) a separate guaranty specifically designat-
ing the product, fabric, or related material guaranteed, in which case 
it may be on the invoice or other paper relating to such product, fabric, 
or related material; (2) a continuing guaranty given by seller to buyer 
applicable to any product, fabric, or related material sold or to be sold 
to buyer by seller in a form as the Commission by rules and regulations 
may prescribe; or (3) a continuing guaranty filed with the Commis-
sion applicable to any product, fabric, or related material handled by 
a guarantor, in such form as the Commission by rules or regulations 
may prescribe. 
"(b) It shall be unlawful for any person to furnish, with respect 
to any product, fabric, or related material, a false guaranty (except 
a person relying upon a guaranty to the same effect received in good 
faith signed by and containing the name and address of the person by 
whom the product, fabric, or related material guaranteed was manu-
factured or from whom it was received) with reason to believe the 
product, fabric, or related material falsely guaranteed may be intro-
duced, sold, or transported in commerce, and any person who violates 
the provisions of this subsection is guilty of an unfair method of com-
petition, and an unfair or deceptive act or practice, in commerce 
1
5 us^c 5
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within the meaning of the Federal Trade Commission Act." 
1
5 use 1198. 
SEC. 7. Section 9 of the Flammable Fabrics Act is amended to read 
as follows: 
"SHIPMENTS FROM FOREIGN COUNTRIES 
"SEC. 9. An imported product, fabric, or related material to which 
flammability standards under this Act are applicable shall not be deliv-
ered from customs custody except as provided in section 499 of the 
5 2^sttr*io84^' 
Tariff Act of 1930, as amended. In the event an imported product, 
1
9 use 1499. 
fabric, or related material is delivered from customs custody under 
bond, as provided in section 499 of the Tariff Act of 1930, as amended, 
81 STAT.] 
PUBLIC LAW 90-189-DEC. 14, 1967 
573 
and fails to conform with an applicable flammability standard iii 
effect on the date of entry of such merchandise, the Secretary of the 
Treasury shall demand redelivery and in the absence thereof shall 
assert a claim for liquidated damages for breach of a condition of 
the bond arising out of such failure to conform or redeliver in accord-
ance with regulations prescribed by the Secretary of the Treasury or 
his delegate. When asserting a claim for liquidated damages against 
an importer for failure to redeliver such nonconforming goods, the 
liquidated damages shall be not less than 10 per centum of the value 
of the nonconforming merchandise if, within five years prior thereto, 
the importer has previously been assessed liquidated damages for fail-
ure to redeliver nonconforming goods in response to a demand from 
the Secretary of the Treasury as set forth above." 
SEC, 8. Section 11 of the Flammable Fabrics Act is amended to read 
e? stat. 1
1
5
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as follows: 
"EXCLUSIONS 
15 u s e 1200. 
"SEC. 11. The provisions of this Act shall not apply (a) to any 
common carrier, contract carrier, or freight forwarder m transporting 
a product, fabric, or related material shipped or delivered for shipment 
into commerce in the ordinary course of its business; (b) to any con-
verter, processor, or finisher m performing a contract or commission 
service for the account of a person subject to the provisions of this 
Act: Provided^ That said converter, processor, or finisher does not 
cause any product, fabric, or related material to become subject to this 
Act contrary to the terms of the contract or commission service; or 
(c) to any product, fabric, or related material shipped or delivered for 
shipment into commerce for the purpose of finishing or processing 
such product, fabric, or related material so that it conforms with 
applicable flammability standards issued or amended under the pro-
visions of section 4 of this Act." 
^"'e, p. 569. 
SEC. 9. Section 13 of the Flammable Fabrics Act is amended to read 
is use 1191 
as follows: 
"AUTHORIZATIOX OF APPROPRIATIONS 
note. 
"SEC. 13. There are hereby authorized to be appropriated $1,500,000 
for the fiscal year ending June 30, 1968, and $2,250,000 each for the 
fiscal year ending June 30, 1969, and the fiscal year ending June 30, 
1970, to carry out the provisions of this Act." 
SEC. 10. The Flammable Fabrics Act is further amended by adding ^^^^^^'^ ^^^^' 
at the end thereof the following new sections: 
1200. 
'INVESTIGATIONS 
dent and eon-
"SEC. 14. (a) The Secretary of Health, Education, and Welfare in 
cooperation with the Secretary of Commerce shall conduct a continu-
ing study and investigation of the deaths, injuries, and economic losses 
. 
resulting from accidental burning of products, fabrics, or related 
materials. The Secretary of Health, Education, and Welfare shall sub- Report to Presi-
mit annually a report to the President and to the Congress containing"" " 
the results of the study and investigation, 
"(b) In cooperation with appropriate public and private agencies, 
the Secretary of Commerce is authorized to— 
"(1) conduct research into the 
flammability 
of products, 
fabrics, and materials; 
"(2) conduct feasibility studies on reduction of 
flammability 
of products, fabrics, and materials; 
"(3) develop flammability test methods and testing devices; 
and 
574 
PUBLIC LAW 90-189-DEC. 14, 1967 
[81 STAT. 
Report to Con-
gress. 
" (4) offer appropriate training in the use of flammability test 
methods and testing devices. 
The Secretary shall annually report the results of these activities to the 
Congress. 
"EXPORTS 
"SEC. 15. (a) This Act shall not apply to any fabric, related mate-
rial, or product which is to be exported from the United States, if such 
fabric, related material, or product, and any container in which it is 
enclosed, bears a stamp or label stating that such fabric, related mate-
rial, or product is intended for export and such fabric, related mate-
rial, or product is in fact exported from the United States; except that 
this Act shall apply to any fabric, related material, or product manu-
factured for sale, offered for sale, or intended for shipment to any 
installation of the United States located outside of the United States. 
"(b) This Act shall not apply to any fabric, related material, or 
Xjroduct which is imported into the United States for dyeing, finishing, 
other processing, or storage in bond, and export from the United 
States, if such fabric, related material, or product, and any container 
in which it is enclosed, bears a stamp or label stating that such fabric, 
related material, or product is intended for export, and such fabric, 
related material, or product is in fact exported from the United States; 
except that this Act shall apply to any such imported fabric, related 
material, or product manufactured for sale, offered for sale, or intended 
for shipment to any installation of the United States located outside 
of the United States. 
u 
PREEMPTION 
"SEC. 16. This Act is intended to supersede any law of any State 
or political subdivision thereof inconsistent with its provisions. 
Compensation, 
travel expenses. 
" N A T I O N A L ADVISORY COMMITTEE FOR THE FLAMMABLE FABRICS ACT 
"SEC. 17. (a) The Secretary of Commerce shall appoint a National 
Advisory Committee for the Flammable Fabrics Act, composed of 
not less than nine members, fairly representative of manufacturers, 
distributors, and the consuming public. Each member appointed by 
the Secretary shall hold office for not more than two years, except that 
any member may be reappointed. 
"(b) Members of the Committee who are not officers or employees 
of the United States shall, while attending meetings or conferences 
of such Committee or otherwise engaged in the business of such Com-
mittee, be entitled to receive compensation at a rate fixed by the Secre-
tary, but not exceeding $100 per diem, including traveltime, and while 
away from their homes or re<fular places of business they may be 
allowed travel expenses, including per diem in lieu of subsist«nce, as 
authorized in section 5703 of title 5 of the United States Code for 
persons in the Government service employed intermittently. Payments 
under this section shall not render members of the Committee 
employees or officials of the United States for any purpose. 
"(c) The Secretary shall consult with the Xational Advisory Com-
mittee before prescribing flammability standards or other regulations 
established under this Act.'-
Savings clause. 
gj,^, n 
Notwithstanding the provisions of this Act, the standards 
of flammability in effect under the provisions of the Flammable Fab-
rics Act, as amended, on the day preceding the date of enactment of 
this Act, shall continue in effect for the fabrics and articles of wearing 
apparel to which they are applicable until superseded or modified by 
the Secretary of Commerce pursuant to the authority conferred by the 
amendments made by this Act. 
Approved December 14, 1967. 
80 Stat. 499. 
67 Stat. 111. 
15 u s e 1191 
note.