Chapter 8.5. Children’s Clothing of California Health And Safety Code >> Division 13. >> Part 3. >> Chapter 8.5.
(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) Violation of subdivision (a) is a misdemeanor.
(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) Violation of any rule or regulation promulgated pursuant to
subdivision (c) is a misdemeanor.
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.