SOFFA Act

II 116TH CONGRESS 1ST SESSION H. R. 2647 IN THE SENATE OF THE UNITED STATES DECEMBER 17, 2019 Received AN ACT 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 21:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.RDS H2647 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 2647 RDS 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 21:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.RDS H2647 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 2647 RDS (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 an uphol- 10 stered seat, back, or arm; 11 (iv) is— 12 (I) made or sold with a cushion 13 or pillow, without regard to whether 14 that cushion or pillow, as applicable, 15 is attached or detached with respect 16 to the article of furniture; or 17 (II) stuffed or filled, or able to be 18 stuffed or filled, in whole or in part, 19 with any material, including a sub- 20 stance or material that is hidden or 21 concealed by fabric or another cov- 22 ering, including a cushion or pillow 23 belonging to, or forming a part of, the 24 article of furniture; and 25 VerDate Sep 11 2014 21:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.RDS H2647 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 2647 RDS (v) together with the structural units 1 of the article of furniture, any filling mate- 2 rial, and the container and covering with 3 respect to those structural units and that 4 filling material, can be used as a support 5 for the body of an individual, or the limbs 6 and feet of an individual, when the indi- 7 vidual sits in an upright or reclining posi- 8 tion; 9 (B) includes an article of furniture that is 10 intended for use by a child; and 11 (C) does not include— 12 (i) a mattress; 13 (ii) a foundation; 14 (iii) any bedding product; or 15 (iv) furniture that is used exclusively 16 for the purpose of physical fitness and ex- 17 ercise. 18 (b) ADOPTION OF STANDARD.— 19 (1) IN GENERAL.—Beginning on the date that 20 is 180 days after the date of enactment of this Act, 21 and except as provided in paragraph (2), the Cali- 22 fornia standard shall be considered to be a flamma- 23 bility standard promulgated by the Consumer Prod- 24 VerDate Sep 11 2014 21:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.RDS H2647 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 2647 RDS uct Safety Commission under section 4 of the Flam- 1 mable Fabrics Act (15 U.S.C. 1193). 2 (2) TESTING AND CERTIFICATION.—A fabric, 3 related material, or product to which the California 4 standard applies as a result of paragraph (1) shall 5 not be subject to section 14(a) of the Consumer 6 Product Safety Act (15 U.S.C. 2063(a)) with re- 7 spect to that standard. 8 (3) CERTIFICATION LABEL.—Each manufac- 9 turer of a product that is subject to the California 10 standard as a result of paragraph (1) shall include 11 the statement ‘‘Complies with United States CPSC 12 requirements for upholstered furniture flammability’’ 13 on a permanent label located on the product, which 14 shall be considered to be a certification that the 15 product complies with that standard. 16 (c) PREEMPTION.— 17 (1) IN GENERAL.—Notwithstanding section 16 18 of the Flammable Fabrics Act (15 U.S.C. 1203) and 19 section 231 of the Consumer Product Safety Im- 20 provement Act of 2008 (15 U.S.C. 2051 note), and 21 except as provided in subparagraphs (B) and (C) of 22 paragraph (2), no State or any political subdivision 23 of a State may establish or continue in effect any 24 provision of a flammability law, regulation, code, 25 VerDate Sep 11 2014 21:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.RDS H2647 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 2647 RDS standard, or requirement that is designed to protect 1 against the risk of occurrence of fire, or to slow or 2 prevent the spread of fire, with respect to uphol- 3 stered furniture. 4 (2) PRESERVATION OF CERTAIN STATE LAW.— 5 Nothing in this Act or the Flammable Fabrics Act 6 (15 U.S.C. 1191 et seq.) may be construed to pre- 7 empt or otherwise affect— 8 (A) any State or local law, regulation, 9 code, standard, or requirement that— 10 (i) concerns health risks associated 11 with upholstered furniture; and 12 (ii) is not designed to protect against 13 the risk of occurrence of fire, or to slow or 14 prevent the spread of fire, with respect to 15 upholstered furniture; 16 (B) sections 1374 through 1374.3 of title 17 4, California Code of Regulations (except for 18 subsections (b) and (c) of section 1374 of that 19 title), as in effect on the date of enactment of 20 this Act; or 21 VerDate Sep 11 2014 21:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.RDS H2647 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 2647 RDS (C) the California standard. 1 Passed the House of Representatives December 16, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 21:17 Aug 13, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2647.RDS H2647 pamtmann on DSKBC07HB2PROD with BILLS