Vol. 1236 | 12 Apr 2021

The U.S. Consumer Product Safety Commission (CPSC) has approved a direct final rule to codify the requirements for the flammability of upholstered furniture for indoor use under the COVID-19 Regulatory Relief and Work From Home Safety Act (the Act) into the Code of Federal Regulations. The Act required CPSC to adopt California Technical Bulletin 117-2013 (TB 117-2017) as a flammability standard for upholstered furniture under section 4 of the Flammable Fabrics Act (15 U.S.C. 1193).

The Act defines “upholstered furniture” as:

  1. any article of seating furniture that,
    • is intended for indoor use;
    • is movable or stationary;
    • is constructed with an upholstered seat, back, or arm;
    • is:
      • made or sold with a cushion or pillow, without regard to whether that cushion or pillow, as applicable, is attached or detached with respect to the article of furniture, or
      • stuffed or filled, or able to be stuffed or filled, in whole or in part, with any material, including a substance or material that is hidden or concealed by fabric or another covering, including a cushion or pillow belonging to, or forming a part of, the article of furniture; and
    • together with the structural units of the article of furniture, any filling material, and the container and covering with respect to those structural units and that filling material, can be used as a support for the body of an individual, or the limbs and feet of an individual, when the individual sits in an upright or reclining position;
  2. Includes an article of furniture intended to be used by a child, and
  3. The definition does not include:
    • a mattress;
    • a foundation;
    • any bedding product; or
    • furniture that is used exclusively for the purpose of physical fitness or exercise.

Upholstered furniture manufactured, imported, or reupholstered on or after June 25, 2021, is required to be compliant with the flammability requirements of TB 117-2013. The CPSC has provided a later date of June 25, 2022, to comply with the labeling requirements, to allow the furniture industry sufficient time to implement the new requirement.

Public comment period for the direct final rule ends on: May 9, 2021

The direct final rule can be reviewed at: https://www.govinfo.gov/content/pkg/FR-2021-04-09/pdf/2021-06977.pdf

For additional information please contact:

Stephanie Bilotti (Stephanie.Bilotti@intertek.com, +1 862-316-5877) or Dr. Pratik Ichhaporia (pratik.ichhaporia@intertek.com, +1-847-212-8273)


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