SOFFA Act

II Calendar No. 630 116TH CONGRESS 2D SESSION S. 1341 To adopt a certain California flammability standard as a Federal flammability standard to protect against the risk of upholstered furniture flammability, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 7, 2019 Mr. WICKER (for himself, Mr. BLUMENTHAL, and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation DECEMBER 15, 2020 Reported by Mr. WICKER, with amendments [Omit the part struck through and insert the part printed in italic] A BILL To adopt a certain California flammability standard as a Federal flammability standard to protect against the risk of upholstered furniture flammability, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1341.RS S1341 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 1341 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Safer Occupancy Fur- 2 niture Flammability Act’’ or the ‘‘SOFFA Act’’. 3 SEC. 2. ADOPTION OF CALIFORNIA FLAMMABILITY STAND- 4 ARD AS A FEDERAL STANDARD. 5 (a) DEFINITIONS.—In this section— 6 (1) the term ‘‘bedding product’’ means— 7 (A) an item that is used for sleeping or 8 sleep-related purposes; or 9 (B) any component or accessory with re- 10 spect to an item described in subparagraph (A), 11 without regard to whether the component or ac- 12 cessory, as applicable, is used— 13 (i) alone; or 14 (ii) along with, or contained within, 15 that item; 16 (2) the term ‘‘California standard’’ means the 17 standard set forth by the Bureau of Electronic and 18 Appliance Repair, Home Furnishings and Thermal 19 Insulation of the Department of Consumer Affairs of 20 the State of California in Technical Bulletin 117– 21 2013, entitled ‘‘Requirements, Test Procedure and 22 Apparatus for Testing the Smolder Resistance of 23 Materials Used in Upholstered Furniture’’, originally 24 published June 2013, as in effect on the date of en- 25 actment of this Act; 26 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1341.RS S1341 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 1341 RS (3) the terms ‘‘foundation’’ and ‘‘mattress’’ 1 have the meanings given those terms in section 2 1633.2 of title 16, Code of Federal Regulations, as 3 in effect on the date of enactment of this Act; and 4 (4) the term ‘‘upholstered furniture’’— 5 (A) means an article of seating furniture 6 that— 7 (i) is intended for indoor use; 8 (ii) is movable or stationary; 9 (iii) is constructed with a contiguous 10 upholstered— 11 (I) seat; and 12 (II)(aa) back; or 13 (bb) arm; 14 (iii) is constructed with an upholstered 15 seat, back, or arm; 16 (iv) is— 17 (I) made or sold with a cushion 18 or pillow, without regard to whether 19 that cushion or pillow, as applicable, 20 is attached or detached with respect 21 to the article of furniture; or 22 (II) stuffed or filled, or able to be 23 stuffed or filled, in whole or in part, 24 with any material, including a sub- 25 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1341.RS S1341 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 1341 RS stance or material that is hidden or 1 concealed by fabric or another cov- 2 ering, including a cushion or pillow 3 belonging to, or forming a part of, the 4 article of furniture; and 5 (v) together with the structural units 6 of the article of furniture, any filling mate- 7 rial, and the container and covering with 8 respect to those structural units and that 9 filling material, can be used as a support 10 for the body of an individual, or the limbs 11 and feet of an individual, when the indi- 12 vidual sits in an upright or reclining posi- 13 tion; 14 (B) includes an article of furniture that is 15 intended for use by a child; and 16 (C) does not include— 17 (i) a mattress; 18 (ii) a foundation; 19 (iii) any bedding product; or 20 (iv) furniture that is used exclusively 21 for the purpose of physical fitness and ex- 22 ercise. 23 (b) ADOPTION OF STANDARD.— 24 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1341.RS S1341 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 1341 RS (1) IN GENERAL.—Beginning on the date that 1 is 180 days after the date of enactment of this Act, 2 and except as provided in paragraph (2), the Cali- 3 fornia standard shall be considered to be a flamma- 4 bility standard promulgated by the Consumer Prod- 5 uct Safety Commission under section 4 of the Flam- 6 mable Fabrics Act (15 U.S.C. 1193). 7 (2) TESTING AND CERTIFICATION.—A fabric, 8 related material, or product to which the California 9 standard applies as a result of paragraph (1) shall 10 not be subject to section 14(a) of the Consumer 11 Product Safety Act (15 U.S.C. 2063(a)) with respect 12 to that standard. 13 (3) CERTIFICATION LABEL.—Each manufacturer 14 of a product that is subject to the California standard 15 as a result of paragraph (1) shall include the state- 16 ment ‘‘Complies with U.S. CPSC requirements for 17 upholstered furniture flammability’’ on a permanent 18 label located on the product, which shall be considered 19 to be a certification that the product complies with 20 that standard. 21 (c) PREEMPTION.— 22 (1) IN GENERAL.—Notwithstanding section 16 23 of the Flammable Fabrics Act (15 U.S.C. 1203) and 24 section 231 of the Consumer Product Safety Im- 25 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1341.RS S1341 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 1341 RS provement Act of 2008 (15 U.S.C. 2051 note), and 1 except as provided in subparagraphs (B) and (C) of 2 paragraph (2), no State or any political subdivision 3 of a State may establish or continue in effect any 4 provision of a flammability law, regulation, code, 5 standard, or requirement that is designed to protect 6 against the risk of occurrence of fire, or to slow or 7 prevent the spread of fire, with respect to uphol- 8 stered furniture. 9 (2) PRESERVATION OF CERTAIN STATE LAW.— 10 Nothing in this Act or the Flammable Fabrics Act 11 (15 U.S.C. 1191 et seq.) may be construed to pre- 12 empt or otherwise affect— 13 (A) any State or local law, regulation, 14 code, standard, or requirement that— 15 (i) concerns health risks associated 16 with upholstered furniture; and 17 (ii) is not designed to protect against 18 the risk of occurrence of fire, or to slow or 19 prevent the spread of fire, with respect to 20 upholstered furniture; 21 (B) sections 1374 through 1374.3 of title 22 4, California Code of Regulations (except for 23 subsections (b) and (c) of section 1374 of that 24 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1341.RS S1341 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 1341 RS title), as in effect on the date of enactment of 1 this Act; or 2 (C) the California standard. 3 VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1341.RS S1341 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 630 116TH CONGRESS 2D SESSION S. 1341 A BILL To adopt a certain California flammability standard as a Federal flammability standard to protect against the risk of upholstered furniture flamma- bility, and for other purposes. DECEMBER 15, 2020 Reported with amendments VerDate Sep 11 2014 01:26 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6651 Sfmt 6651 E:\BILLS\S1341.RS S1341 pamtmann on DSKBC07HB2PROD with BILLS