U.S. CPSC Issues Upholstered Furniture Flammability Standard Direct Final Rule
The US Consumer Product Safety Commission (CPSC) issued a Direct Final Rule on April 9, 2021 making California TB 117 a mandatory flammability standard for upholstered furniture. The rule is effective on June 25, 2021, unless the Commission receives a significant adverse comment by May 10, 2021.
SAFEGUARDS | Consumer ProductsNO. 052/21
As mandated by the COVID-19 Regulatory Relief and Work From Home Safety Act, the CPSC has issued a Direct Final Rule to codify flammability and testing requirements, as well as certification and labelling standards for upholstered furniture intended for indoor use. California Technical Bulletin (TB) 117-2013 is the flammability standard promulgated under section 4 of the Flammable Fabrics Act. The 16 CFR part 1640 requires all subjected upholstered furniture manufactured, imported, or reupholstered on or after June 25, 2021 to be compliant with the requirements of the standard.
The flammability standard set forth by the California TB 117 prescribes the requirements, test procedure and apparatus for testing the smolder resistance of materials used in upholstered furniture from hazards associated with smoldering ignition. It provides methods for smolder resistance of cover fabrics, barrier materials, resilient filling materials and decking materials for use in upholstered furniture. The standard does not apply to mattresses, foundations, bedding products, and furniture that was intended exclusively for physical fitness or exercise purposes.
Each manufacturer of a product that is subject to the California TB 117 standard must include the statement “Complies with U.S. CPSC requirements for upholstered furniture flammability” on a permanent label located on the products. CPSC set a compliance date of June 25, 2022 for this new labelling requirement, in order to allow the furniture industry sufficient time to implement the requirement and to address any supply chain issues that could arise for the relabelling of upholstered furniture.
Accordingly, all upholstered furniture as defined in 16 CFR part 1640 manufactured, imported, or reupholstered on or after June 25, 2021, must comply with the flammability requirements of California TB 117, and comply with the labelling requirements by June 25, 2022. Compliance with the regulation will not require a COC.
Preemption - Requirements of the standard are not subject to preemption by another State or any political subdivision of a State. Except under provisions set forth in Section 1640.5 b&c.
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- Federal Register – Standard for the Flammability of Upholstered Furniture
- SafeGuardS No. 008/21 – Federal Furniture Flammability Congress Mandates CPSC Adoption of California Standard
- Public Law 116–260 (COVID–19 Act). Section 2101(c) of the COVID–19
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