The CPSC clothing flammability standard, 16 CFR Part 1610, applies to clothing and to textiles intended for clothing sold in the US, and sorts fabrics into three classes: Class 1 and Class 2 may be used in clothing, Class 3 may not. Hats, short gloves, footwear and interlinings are outside the standard. Plain surface fabrics weighing 2.6 ounces per square yard or more, and plain or raised surface fabrics of any weight made entirely from acrylic, modacrylic, nylon, olefin, polyester or wool, or a combination of only those fibers, are exempt from the testing requirement, not from the standard itself.
This guide turns Part 1610 into a decision table for an Amazon clothing seller. It gives the CPSC’s own tests and wording; it does not rule on whether any particular fabric or garment passes. All section numbers refer to 16 CFR Part 1610 on the eCFR, data checked 2026-10-10.
What 16 CFR 1610 Covers, and What It Leaves Out
Part 1610 is issued under the Flammable Fabrics Act (15 U.S.C. 1191-1204), which the CPSC administers. Section 1610.1(b) says the standard covers “clothing and textiles intended to be used for clothing,” and 1610.1(e) applies it to fabric “in a form or state ready for use in an article of wearing apparel, including garments and costumes finished for consumer use.” Costumes are in scope, which matters for Halloween and cosplay listings.
Section 1610.1(c) lists four exceptions. The standard “shall not apply to”:
- Hats, “provided they do not constitute or form part of a covering for the neck, face, or shoulders.”
- Gloves, “provided they are not more than 14 inches in length and are not affixed to or do not form an integral part of another garment.”
- Footwear, “provided it does not consist of hosiery in whole or part and is not affixed to or does not form an integral part of another garment.”
- Interlining fabrics, “when intended or sold for use as a layer between an outer shell and an inner lining.”
Section 1610.36(d) adds that handkerchiefs no larger than 24 inches on any side, or 576 square inches in area, are not “articles of wearing apparel.” The same section closes the loophole: a piece of cloth that “appears to be likely to be used as a covering for the head, neck, face, shoulders, or any part thereof” is apparel “irrespective of its size, or its description or designation as a handkerchief.” A bandana listed as a “handkerchief” is judged by how it will be worn.
This guide does not cover children’s sleepwear, which has separate standards (16 CFR 1615 and 1616), or FTC fiber-content and origin labels, covered in our FTC textile labeling guide.
Decision Table: Where Your Garment Lands
Run each product through these rows in order. Sources are Part 1610 and the CPSC pages cited below, data checked 2026-10-10.
| Question | If yes | Source |
|---|---|---|
| Is it a hat (no neck/face/shoulder covering), a glove of 14 inches or less not attached to a garment, non-hosiery footwear, or an interlining? | Outside Part 1610 | 1610.1(c) |
| Is it a small handkerchief that does not appear likely to be worn on the head, neck, face or shoulders? | Not wearing apparel | 1610.36(d) |
| Is every exposed fabric a plain surface fabric of 2.6 oz/sq yd or more? | Exempt from testing to support guaranties; standard still applies | 1610.1(d)(1) |
| Is every exposed fabric made entirely from acrylic, modacrylic, nylon, olefin, polyester or wool, or a combination of only these? | Exempt from testing to support guaranties, at any weight; standard still applies | 1610.1(d)(2) |
| Is it adult apparel that meets one of the two exemptions above? | CPSC says no GCC is required | CPSC Flammable Fabrics Act page |
| Is it adult apparel with no exemption? | Test (at least one test), classify, issue a GCC | 1610.37(c); CPSC GCC rules page |
| Is it a children’s product? | CPC, no enforcement discretion for exempt fabrics | CPSC GCC rules page, footnote 3 |
“Uncovered or exposed part” has a defined meaning. Section 1610.34 says “only the uncovered or exposed part” of a garment is tested, and 1610.31(g) counts the outer surface of an undergarment, linings in full-front zippered jackets, unlined hoods and rolled cuffs as exposed.
The Two Testing Exemptions, Word for Word
Section 1610.1(d) explains that “certain fabrics consistently yield acceptable results when tested,” so firms issuing an initial guaranty of these fabrics, “or of products made entirely from one or more of these fabrics, are exempt from any requirement for testing to support guaranties”:
- “Plain surface fabrics, regardless of fiber content, weighing 2.6 ounces per square yard or more”
- “All fabrics, both plain surface and raised-fiber surface textiles, regardless of weight, made entirely from any of the following fibers or entirely from combination of the following fibers: acrylic, modacrylic, nylon, olefin, polyester, wool.”
Three details decide whether a product fits:
- The weight test only covers plain surface fabrics. Section 1610.2(k) defines a plain surface as one without “an intentionally raised fiber or yarn surface such as a pile, nap, or tuft.” A brushed fleece or velour is a raised surface fabric under 1610.2(l), so the 2.6 oz route does not apply to it.
- The fiber test says “entirely.” Cotton, rayon and spandex are not on the list, so a blend containing them does not meet (d)(2). It can still meet (d)(1) if it is a plain surface fabric at 2.6 oz or more.
- “products made entirely from” exempt fabrics. A garment with one non-exempt exposed fabric, such as a cotton fleece hood lining, is not made entirely from exempt fabrics.
Overseas mills usually quote grams per square meter. By our conversion (1 oz/sq yd is about 33.9 g/m²), 2.6 oz/sq yd is about 88 g/m². Use the mill’s oz/sq yd figure, or a measured one, when you file the record.
The exemption removes the testing requirement; it does not take the fabric outside the standard. Section 1610.32 still says no apparel “shall be marketed or handled” if it is “so highly flammable as to be dangerous when worn.”
Class 1, Class 2, Class 3: What the Burn Times Mean
Section 1610.4 sets three classes, with different cutoffs for plain and raised surface fabrics.
| Class | Plain surface fabric | Raised surface fabric | Use in clothing |
|---|---|---|---|
| Class 1, Normal Flammability | Burn time 3.5 seconds or more | Burn time more than 7.0 seconds, or 0.0 to 7.0 seconds of surface flash that does not ignite or fuse the base fabric | “acceptable for use in clothing” |
| Class 2, Intermediate Flammability | Not applicable | Burn time 4.0 through 7.0 seconds with base burn (SFBB) | “may be used for clothing” |
| Class 3, Rapid and Intense Burning | Burn time less than 3.5 seconds | Burn time less than 4.0 seconds with base burn (SFBB) | “shall not be used for clothing” |
Class 2 exists only for raised surface fabrics; 1610.4(b)(1) states “Class 2 is not applicable to plain surface textile fabrics.” Table 1 to 1610.4 marks 3.5 seconds as a pass for plain fabrics.
A “base burn” (1610.2(a)) is when the flame burns the ground fabric under the pile, identified by “an opacity change, scorching on the reverse side of the fabric, or when a physical hole is evident.” Only base burns starting away from the flame’s contact point count toward Class 2 or 3.
For reversible items, 1610.36(e) applies: if a raised surface meant to be inside can be worn outside, as with “so-called ‘sweat shirts’ with a raised-fiber inner side,” that surface “shall be considered to be an uncovered or exposed part.”
How the Test Works
Section 1610.3 summarizes the method. A specimen of 50 mm by 150 mm (1610.2(o)) is mounted in a frame, brushed if it has a raised surface, and “held in a special apparatus at an angle of 45°.” A flame is applied “for 1 second,” and the lab records the time for the flame to travel “127 mm (5 in).”
Textiles “shall be tested before and after refurbishing,” meaning dry cleaning and laundering per 1610.6. Under 1610.8(a), the reported result is the classification before or after refurbishing, “whichever is the more severe.” A finish that washes out can change the class.
Items not normally washed or dry cleaned may skip refurbishing if marked “Fabric may be dangerously flammable if dry cleaned or washed” (1610.35(a)); the CFR’s example is bridal illusion.
Certificates: GCC for Adult Apparel, CPC for Children’s
The CPSC’s list of rules requiring a General Certificate of Conformity includes “Wearing apparel” under 16 CFR part 1610 (list “current as of August 8, 2024,” checked 2026-10-10). The same page says third-party testing “is not a requirement for general use, or non-children’s, products,” and “First-party testing, or testing from any qualified laboratory or test facility, can support a GCC.”
Footnote 3 on that page, citing a Statement of Policy at 81 FR 12587, says the CPSC “will not enforce the certification requirements for adult wearing apparel that is exempt from testing pursuant to 16 CFR § 1610.1(d).” The CPSC’s Flammable Fabrics Act business guidance page (data checked 2026-10-10) puts it directly: “No GCC is required for adult wearing apparel that is exempt from testing under 16 C.F.R. § 1610.1(d)”.
That discretion stops at children’s products. Footnote 3: “Wearing apparel that are considered children’s products are not afforded this enforcement discretion.” Children’s apparel needs a Children’s Product Certificate, built on CPSC-accepted third-party lab testing; see our Children’s Product Certificate guide.
Since July 8, 2026, importers file certificate data for regulated products with CBP at entry; see our CPSC eFiling guide.
Guaranties, Testing Programs and Records
Part 1610 also governs the guaranty, the paper a supplier gives you, or you give a buyer, stating the fabric or garment meets the standard.
What a guaranty protects. Under 1610.37(b)(1), a guaranty received in good faith protects against “criminal prosecution” under section 7 of the Act. It does not shield the holder from “an administrative action for an order to cease and desist,” or “any civil action for injunction or seizure.”
Foreign guaranties. Section 1610.61(a)(4) states: “A guaranty issued by a person who is not a resident of the United States may not be relied upon as a bar to prosecution.” A guaranty from an overseas factory does not give a US importer that protection.
The testing program. Anyone issuing an initial guaranty “shall devise and implement a program of reasonable and representative tests” (1610.37(c)(1)), which 1610.37(c)(2) defines as “at least one test with results demonstrating conformance with the Standard.” “The number of tests and the frequency of testing shall be left to the discretion of the person or firm issuing the initial guaranty.” Tests by others, including firms outside the US, may count.
The records. Section 1610.38(a) requires a record showing the style or range number, “fiber composition, construction and finish type” of each fabric, the test results, and, when you ran the tests yourself, “a sample of each fabric or related material which has been tested.” Records are kept “for a period of 3 years from the date the tests were performed” (1610.38(d)). Under 1610.38(e), a guarantor who fails to keep them “shall be deemed to have furnished a false guaranty.”
Enforcement. Section 1610.61(a)(2) lists manufacturing for sale, offering for sale and importing Class 3 apparel among the prohibited acts. Section 1610.61(a)(3) lists seizure actions, cease-and-desist orders, criminal penalties, and civil penalties for “knowing” violations, adding that “Of particular relevance” is whether reasonable and representative tests were performed.
Where Amazon Fits, and a Pre-Listing Checklist
Part 1610 is federal law and applies to a garment whether you sell it on Amazon, your own site or wholesale. Amazon requests certificates and test reports through its own tools, covered in our guide to Manage Your Compliance; some apparel subcategories also require approval, see gated categories and ungating.
Before a new clothing ASIN goes live:
- Is the item in scope? Check the hat, glove, footwear, interlining and handkerchief rules (1610.1(c), 1610.36(d)).
- List every exposed fabric, including hood linings, rolled cuffs and a reversible inner face (1610.31(g), 1610.36(e)).
- Record fiber content, weight in oz/sq yd, and plain or raised surface for each fabric.
- Check both exemptions word for word (1610.1(d)); “entirely” means entirely.
- No exemption? Get at least one test covering before and after refurbishing, and keep the class result (1610.37, 1610.8).
- Adult or children’s? GCC for non-exempt adult apparel; CPC with third-party testing for children’s apparel.
- Keep records for 3 years from the test date (1610.38(d)).
If you learn a garment you sell may not meet the standard, read our guides to CPSC Section 15(b) reporting and Amazon product recalls.
Frequently Asked Questions
Does 16 CFR 1610 apply to adult clothing or only children’s clothing?
Both. Section 1610.1(b) covers “clothing and textiles intended to be used for clothing” with no age limit. The age split matters for certification: the CPSC does not enforce the GCC for adult apparel that is exempt from testing, but children’s apparel gets no such discretion.
Is 100% polyester clothing exempt from flammability testing?
Fabrics made “entirely” from acrylic, modacrylic, nylon, olefin, polyester or wool, or only those fibers combined, are exempt from testing to support guaranties at any weight under 1610.1(d)(2). The exemption covers testing only; 1610.32 still bars dangerously flammable apparel.
Can Class 2 fabric be used in clothing?
Yes. Section 1610.4(b) says Class 2 fabrics are “of intermediate flammability, but may be used for clothing.” Class 2 applies only to raised surface fabrics. Class 3 “shall not be used for clothing.”
Bottom Line
For each garment, record the exposed fabrics, their weight and surface type, and fiber content, then check them against the 1610.1(d) wording. Exempt adult apparel needs no GCC; non-exempt adult apparel needs at least one test and a GCC; children’s apparel needs a CPC with third-party testing. Keep the records for three years.