MiscellaneousChildren’s Clothing

Section § 19820

Explanation

This law says that you can't sell new children's sleepwear up to size 14 unless it meets federal fire safety standards. For sizes up to 6X, and any other updated federal standards, they must comply. Selling sleepwear that doesn't follow these rules is a misdemeanor, meaning it's a crime that can lead to a fine or jail time.

The State Fire Marshal is in charge of setting rules for flammability for other children's clothing up to size 14 if it's deemed important for public safety. Violating these State Fire Marshal rules is also a misdemeanor.

(a)CA Health & Safety Code § 19820(a)  No person shall sell, or offer for sale, new children’s sleepwear to and including size 14 which does not meet federal flammability standards for children’s sleepwear to and including size 6X, and such other standards as may from time to time be adopted by the federal government. The requirements prescribed by this chapter shall be in addition to those prescribed by Chapter 8 (commencing with Section 19810).
(b)CA Health & Safety Code § 19820(b)  Violation of subdivision (a) is a misdemeanor.
(c)CA Health & Safety Code § 19820(c)  The State Fire Marshal shall promulgate, in accordance with the provisions of the Administrative Procedure Act (commencing with Section 11340 of the Government Code), flammability regulations covering such other articles of new children’s clothing to and including size 14 as it shall determine to be in the public interest.
(d)CA Health & Safety Code § 19820(d)  Violation of any rule or regulation promulgated pursuant to subdivision (c) is a misdemeanor.
children's sleepwear flammability standards size 14 ...

Section § 19821

Explanation

This law highlights that recent research shows the flame retardant chemical known as Tris, commonly used in children's sleepwear, might cause cancer. Because of this, the State Fire Marshal is tasked to create rules banning Tris from use in all clothing.

Additionally, the State Fire Marshal, along with the Department of Consumer Affairs, must provide information to help consumers identify clothing treated with Tris or other harmful flame retardants. These are substances that state or federal agencies have recognized as serious health hazards, leading to a ban on their production and sale.

The Legislature finds and declares that results from recent research and testing by the federal government indicate the chemical tris (2,  3-dibromopropyl) phosphate, hereafter referred to as “Tris,” which is widely used in children’s sleepwear as a flame retardant, may be a cancer-causing agent.
The State Fire Marshal shall adopt regulations prohibiting the use of Tris in all clothing. The State Fire Marshal, in conjunction with the Department of Consumer Affairs, shall prepare and disseminate information to consumers on how to identify clothing, including children’s clothing subject to the provisions of Section 19820, which has been treated with Tris or any other flame-retardant chemicals used in the manufacture of consumer products which a state or federal agency has determined under state or federal law to be a health hazard of sufficient magnitude to warrant prohibition of their manufacture or sale.
Tris chemical flame retardant children's sleepwear safety ...