Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter B - FLAMMABILITY RULES › Section 205.21 - Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) These sections
				  pertain to flammability and flammable hazards only, as they are established by
				  Texas Civil Statutes, Article 4476-13, and all manufacturers, processors,
				  importers, distributors, and retailers of hazardous flammable articles are
				  invited to acquaint themselves with the contents of this information in order
				  that they may more readily and effectively comply with the requirements of
				  Texas Civil Statutes, Article 4476-13 and these sections.
(b) Periodic changes and/or up-dates in these
				  regulations will be required as technology and product development changes and
				  such amendments shall be subject to required notice and hearing procedures.
				  Changes necessary to the maintenance of conformity between state and federal
				  regulations shall be made, on a temporary basis, by administrative action of
				  the department, as authorized under §
										205.26(g)
				  of this title (relating to Special Provisions), when it has been determined
				  that the delay of formal amendment procedures will create a condition of
				  conflict between state and federal regulations.
(c) These sections are concerned with types
				  or classes of items which may properly be described as flammable hazards, as
				  the term is used in Texas Civil Statutes, Article 4476-13. It is hereby
				  stipulated that the scope of these regulations shall include, but not be
				  limited to these items or articles specifically named in these regulations, but
				  shall also include any and all similar or related items, not named herein,
				  which might be in a place of access to children or intended for use in a
				  household or put to a reasonable and customary use, as determined by
				  application of the legal rule of "acts of a reasonable and prudent
				  man.'
(d) These sections are
				  designed to conform with applicable provisions and requirements of the Federal
				  Flammable Fabrics Act, Federal Hazardous Substance Act, and Federal Standards
				  for Flammability of Children's Clothing in so far as these acts and standards
				  relate to acceptance criterion, performance levels and test procedures.
				  Variations between these regulations and the above noted acts and standards are
				  in compliance with specific requirements of the Texas Hazardous Substance Act;
				  they are supplemental to the minimum Federal requirements and are not in
				  conflict with such requirements.
(e) The provisions of this subchapter are
				  applicable specifically and exclusively to the flammability characteristics
				  and/or flammability hazards of the products, materials, or articles which may
				  be defined in these regulations.
(f) All rules, regulations, administrative
				  rulings, and/or policy statements issued prior to the effective date of these
				  regulations and in conflict herewith shall be superseded by these regulations
				  upon their final adoption by the Texas State Board of Health.