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 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.

Effective date: The rule is effective on June 25, 2021, and applies to upholstered furniture manufactured, imported, or reupholstered on or after that date, unless we receive a significant adverse comment by May 10, 2021. If we receive a timely significant adverse comment, we will publish notification in the Federal Register , withdrawing this direct final rule before the effective date.

Compliance date for labeling requirement: Compliance with the labeling requirement in §?1640.4 must start by June 25, 2022, and applies to upholstered furniture manufactured, imported, or reupholstered on or after that date.

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

About Intertek

Intertek is a leading Total Quality Assurance provider to industries worldwide. Our network of more than 1,000 laboratories and offices and more than 100 countries, delivers innovative and bespoke Assurance, Testing, Inspection and Certification solutions for our customers’ operations and supply chains. Intertek Total Quality Assurance expertise, delivered consistently with precision, pace and passion, enabling our customers to power ahead safely.

www.intertek.com.cn