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Version of document from 2006-03-22 to 2011-06-19:

Hazardous Products (Children’s Sleepwear) Regulations

SOR/87-443

HAZARDOUS PRODUCTS ACT

Registration 1987-07-30

Regulations Respecting the Advertising, Sale and Importation of Children’s Nightgowns, Nightshirts, Dressing Gowns, Bathrobes, Housecoats and Robes, Pyjamas and Baby-Doll Pyjamas

P.C. 1987-1448 1987-07-30

Her Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to section 7 of the Hazardous Products Act, is pleased hereby to make the annexed Regulations respecting the advertising, sale and importation of children’s nightgowns, nightshirts, dressing gowns, bathrobes, housecoats and robes, pyjamas and baby-doll pyjamas, effective September 30, 1987.

Short Title

 These Regulations may be cited as the Hazardous Products (Children’s Sleepwear) Regulations.

Interpretation

 In these Regulations,

CGSB

CGSB means the Canadian General Standards Board; (ONGC)

char length

char length means the maximum extent of the damaged length of a material that has been subjected to the test conditions set out in these Regulations; (longueur carbonisée)

flame resistance

flame resistance means the property of a material whereby flaming combustion is slowed, terminated or prevented; (résistance à la flamme)

flame retardant

flame retardant means a substance used to impart improved flame resistance to a material; (ignifugeant)

OECD

OECD means the Organization for Economic Cooperation and Development; (OCDE)

product

product means any children’s clothing included in item 40 (as enacted by Order in Council P.C. 1987-1449, dated July 30, 1987 and registered as SOR/87-444, and numbered as item 39 in the December 1, 1989 loose-leaf consolidation of the Statutes of Canada) of Part II of Schedule I to the Hazardous Products Act. (produit)

  • SOR/91-351, s. 2

General

 A product may be advertised, sold or imported into Canada only if it meets the requirements of these Regulations.

  • SOR/91-351, s. 3(F)

Labelling Requirements

 Every product treated with a flame retardant shall have a label that is permanently affixed to the product and that displays in a clear and legible manner

  • (a) the words “flame retardant” and “ignifugeant”; and

  • (b) instructions in English and in French for the care of the product, particularly cleaning procedures, to ensure that the product is not exposed to agents or treatments that could reduce the flame resistance of the product.

Performance Requirements

 Every product, when tested in accordance with the procedures set out in Schedule I, shall have

  • (a) an average char length for five specimens that does not exceed 178 mm; and

  • (b) not more than one individual specimen with a char length equal to the full length of the specimen (254 mm).

 No product treated with a flame retardant, no component extracted or broken down from the treated product, nor any flame retardant used to treat the product shall cause

  • (a) acute lethality (death) as a result of oral exposure to a dose of 500 mg/kg body weight or less or as a result of dermal exposure to a dose of 1000 mg/kg body weight or less when tested for acute oral toxicity or acute dermal toxicity in accordance with section 1 or 2, respectively, of Schedule II;

  • (b) an effect graded at a mean greater than 1 for erythema formation (redness) or for edema formation (swelling) measured at any specified time points when tested for dermal irritation in accordance with section 3 of Schedule II;

  • (c) a response in greater than 15% of the test animals when using the Draize Test or the Buehler Test or in greater than 30% of the test animals when using one of the five other tests specified in OECD Test Guideline No. 406 — tests in which an adjuvant is incorporated — when tested for dermal sensitisation in accordance with section 4 of Schedule II;

  • (d) gene mutation or chromosomal aberration when tested for mutagenicity in accordance with section 5 of Schedule II; or

  • (e) tumors when tested for tumorigenicity according to section 6 of Schedule II.

SCHEDULE I(Section 5)Flame Resistance Test

Washing, Drying and Dry Cleaning Procedures

    • 1 (1) Subject to subsection (2), a product not treated with a flame retardant shall be subjected to one washing cycle in accordance with the washing procedure set out in section 3, with the exception of paragraphs (b) and (e), followed by one drying cycle in accordance with the drying procedure set out in section 4.

    • (2) Where the label of a product not treated with a flame retardant displays the words “dry clean only”, the product shall be dry cleaned once in accordance with the dry cleaning procedure set out in Method 30.3, the National Standard of Canada CAN2-4.2-M77, Procedure for the Removal of Flame Retardant Treatments from Textile Products, published by CGSB in May 1980, with the exception of sections 3.2 and 5.5 to 5.7 of the method.

    • 2 (1) Subject to subsections (2) and (3), products treated with flame retardants shall be subjected to 20 successive washing cycles in accordance with the washing procedure set out in section 3, followed by one drying cycle in accordance with the drying procedure set out in section 4.

    • (2) Where the label of a product treated with a flame retardant displays the words “do not bleach”, the product shall be subjected to 20 successive washing cycles in accordance with the washing procedure set out in section 3, with the exception of paragraph (e) thereof, followed by one drying cycle in accordance with the drying procedure set out in section 4.

    • (3) Where the label of a product treated with a flame retardant displays the words “dry clean only”, the product shall be dry cleaned five times in accordance with the procedure referred to in subsection 1(2).

Washing Procedure

  • 3 The apparatus and washing procedure set out respectively in sections 4.1 and 6 of Method 58, the National Standard of Canada CAN2-4.2-M77, Colour Fastness and Dimensional Change in Domestic Laundering of Textiles, published by CGSB in December 1984, shall be used, with the following modifications:

    • (a) the temperature of the wash water shall be maintained between 58°C and 62°C;

    • (b) the hardness of the wash water shall be less than 50 ppm of calcium carbonate;

    • (c) for automatic washing machines, the washing cycle shall be set for normal washing cycle;

    • (d) a synthetic detergent that conforms to CGSB Standard 2-GP-115M, Standard for Detergent, Laundry, Powder, Built dated January 1979, shall be used; and

    • (e) a bleaching agent containing sodium hypochlorite that produces 0.015% of available chlorine when it is added to the washing solution shall be used.

Drying Procedure

  • 4 The apparatus and drying procedure set out respectively in sections 4.2 and 7.5 of Method 58, the National Standard of Canada CAN2-4.2-M77, Colour Fastness and Dimensional Change in Domestic Laundering of Textiles, published by CGSB in December 1984, shall be used.

Specimen Preparation and Testing

    • 5 (1) Four specimens measuring 89 mm × 254 mm shall be cut from a sample of the product that has been washed and dried or dry cleaned in accordance with sections 1 to 4, in such a manner that two specimens are cut in the lengthwise direction and two are cut in the crosswise direction of the product. The specimens cut from a product made from a multilayered fabric shall include all layers of the fabric and shall be held in the relative positions they occupy. The direction in which each specimen was cut shall be indicated on the specimen.

    • (2) The four specimens shall be tested in accordance with the procedures set out in paragraphs 1616.5(a) and (b) and subparagraphs 1616.5(c)(1) to (3) of Standard FF5-74 of the United States Consumer Product Safety Commission, Standard for the Flammability of Children’s Sleepwear: Sizes 7 through 14, dated January 1, 1985 and published in the Code of Federal Regulations Part 1000 to end.

    • (3) The average char lengths for the two specimens cut in the lengthwise direction and for the two specimens cut in the crosswise direction shall be determined.

    • (4) A fifth specimen shall be cut in the same direction as the specimens having the longer average char length, as determined pursuant to subsection (3), and this fifth specimen shall be tested in accordance with the procedures referred to in subsection (2).

    • (5) The char length, the direction in which each of the five specimens tested was cut and the average char length of the five specimens shall be recorded.

SCHEDULE II(Section 6)Toxicity Test

  • 1 Acute oral toxicity shall be assessed in accordance with OECD Test Guideline No. 401, “Acute Oral Toxicity”, published May 12, 1981 in the OECD Standard entitled OECD Guidelines for Testing of Chemicals.

  • 2 Acute dermal toxicity shall be assessed in accordance with OECD Test Guideline No. 402, “Acute Dermal Toxicity”, published May 12, 1981 in the OECD Standard referred to in section 1.

  • 3 Dermal irritation shall be assessed in accordance with OECD Test Guideline No. 404, “Acute Dermal Irritation/Corrosion”, published May 12, 1981 in the OECD Standard referred to in section 1.

  • 4 Dermal sensitisation shall be assessed in accordance with OECD Test Guideline No. 406, “Skin Sensitisation”, published May 12, 1981 in the OECD Standard referred to in section 1.

  • 5 Mutagenicity shall be assessed in accordance with the “OECD Guidelines on Genetic Toxicology Testing and Guidance on the Selection and Application of Assays”, published May 15, 1986 by OECD and the third level of concern (LOC III) of the federal “Guidelines on the Use of Mutagenicity Tests in the Toxicological Evaluation of Chemicals”, published by Health and Welfare Canada and Environment Canada in 1986, which includes the following tests:

    • (a) To test in vitro gene mutation:

      • (i) OECD Test Guideline No. 471, “Genetic Toxicology: Salmonella typhimurium, Reverse Mutation Assay”, published May 26, 1983 in the OECD Standard referred to in section 1,

      • (ii) OECD Test Guideline No. 476, “Genetic Toxicology: In vitro Mammalian Cell Gene Mutation Tests”, published April 4, 1984 in the OECD Standard referred to in section 1, or

      • (iii) OECD Test Guideline No. 480, “Genetic Toxicology: Saccharomyces cerevisiae Gene Mutation Assay”, adopted by OECD October 23, 1986.

    • (b) To test in vitro mammalian chromosomal aberrations with the exclusion of sister chromatid exchange and micronuclei: OECD Test Guideline No. 473, “Genetic Toxicology: In vitro Mammalian Cytogenetic Test”, published May 26, 1983 in the OECD Standard referred to in section 1.

    • (c) To test in vivo mammalian chromosomal aberrations excluding sister chromatid exchange:

      • (i) OECD Test Guideline No. 474, “Genetic Toxicology: Micronucleus Test”, published May 26, 1983 in the OECD Standard referred to in section 1, or

      • (ii) OECD Test Guideline No. 475, “Genetic Toxicology: In Vivo Mammalian Bone Marrow Cytogenetic Test — Chromosomal Analysis”, published April 4, 1984 in the OECD Standard referred to in section 1.

    • (d) To test in vivo mammalian gene mutation or other indicator tests in a second somatic tissue or species:

      • (i) Test as specified by J. W. Allen, C. F. Shuler, R. W. Mendes and S. A. Latt in the scientific paper entitled “A simplified technique for in vivo analysis of sister chromatid exchanges using 5-Bromodeoxyuridine tablets”, published in the Journal of Cytogenetics and Cell Genetics, Vol. 18, 1977, pp. 231-237, or

      • (ii) Test as specified by J. C. Mirsalis and B. E. Butterworth in the scientific paper entitled “Detection of unscheduled DNA synthesis in hepatocytes isolated from rats treated with genotoxic agents: An in vivo-in vitro assay for potential carcinogens and mutagens”, published in Carcinogenesis, Vol. 1, July 1980, pp. 621-625.

  • 6 Tumorigenicity by the oral route shall be assessed in accordance with OECD Test Guideline No. 451, “Carcinogenicity Studies”, published May 12, 1981 in the OECD Standard referred to in section 1.


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