II 

116TH CONGRESS 

1ST 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 and Mr. BLUMENTHAL) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

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 purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safer Occupancy Fur5 niture Flammability Act’’ or the ‘‘SOFFA Act’’. 

6 SEC. 2. ADOPTION OF CALIFORNIA FLAMMABILITY STAND7 ARD AS A FEDERAL STANDARD. 

8 (a) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘bedding product’’ means— 

2 (A) an item that is used for sleeping or 

3 sleep-related purposes; or 

4 (B) any component or accessory with re5 spect to an item described in subparagraph (A), 

6 without regard to whether the component or ac7 cessory, as applicable, is used— 

8 (i) alone; or 

9 (ii) along with, or contained within, 

10 that item; 

11 (2) the term ‘‘California standard’’ means the 

12 standard set forth by the Bureau of Electronic and 

13 Appliance Repair, Home Furnishings and Thermal 

14 Insulation of the Department of Consumer Affairs of 

15 the State of California in Technical Bulletin 117– 

16 2013, entitled ‘‘Requirements, Test Procedure and 

17 Apparatus for Testing the Smolder Resistance of 

18 Materials Used in Upholstered Furniture’’, originally 

19 published June 2013, as in effect on the date of en20 actment of this Act; 

21 (3) the terms ‘‘foundation’’ and ‘‘mattress’’ 

22 have the meanings given those terms in section 

23 1633.2 of title 16, Code of Federal Regulations, as 

24 in effect on the date of enactment of this Act; and 

25 (4) the term ‘‘upholstered furniture’’— 


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1 (A) means an article of seating furniture 

2 that— 

3 (i) is intended for indoor use; 

4 (ii) is movable or stationary; 

5 (iii) is constructed with a contiguous 

6 upholstered— 

7 (I) seat; and 

8 (II)(aa) back; or 

9 (bb) arm; 

10 (iv) is— 

11 (I) made or sold with a cushion 

12 or pillow, without regard to whether 

13 that cushion or pillow, as applicable, 

14 is attached or detached with respect 

15 to the article of furniture; or 

16 (II) stuffed or filled, or able to be 

17 stuffed or filled, in whole or in part, 

18 with any material, including a sub19 stance or material that is hidden or 

20 concealed by fabric or another cov21 ering, including a cushion or pillow 

22 belonging to, or forming a part of, the 

23 article of furniture; and 

24 (v) together with the structural units 

25 of the article of furniture, any filling mateVerDate Sep 11 2014 19:27 May 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1341.IS S1341

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1 rial, and the container and covering with 

2 respect to those structural units and that 

3 filling material, can be used as a support 

4 for the body of an individual, or the limbs 

5 and feet of an individual, when the indi6 vidual sits in an upright or reclining posi7 tion; 

8 (B) includes an article of furniture that is 

9 intended for use by a child; and 

10 (C) does not include— 

11 (i) a mattress; 

12 (ii) a foundation; 

13 (iii) any bedding product; or 

14 (iv) furniture that is used exclusively 

15 for the purpose of physical fitness and ex16 ercise. 

17 (b) ADOPTION OF STANDARD.— 

18 (1) IN GENERAL.—Beginning on the date that 

19 is 180 days after the date of enactment of this Act, 

20 and except as provided in paragraph (2), the Cali21 fornia standard shall be considered to be a flamma22 bility standard promulgated by the Consumer Prod23 uct Safety Commission under section 4 of the Flam24 mable Fabrics Act (15 U.S.C. 1193). 


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1 (2) TESTING AND CERTIFICATION.—A fabric, 

2 related material, or product to which the California 

3 standard applies as a result of paragraph (1) shall 

4 not be subject to section 14(a) of the Consumer 

5 Product Safety Act (15 U.S.C. 2063(a)). 

6 (c) PREEMPTION.— 

7 (1) IN GENERAL.—Notwithstanding section 16 

8 of the Flammable Fabrics Act (15 U.S.C. 1203) and 

9 section 231 of the Consumer Product Safety Im10 provement Act of 2008 (15 U.S.C. 2051 note), and 

11 except as provided in subparagraphs (B) and (C) of 

12 paragraph (2), no State or any political subdivision 

13 of a State may establish or continue in effect any 

14 provision of a flammability law, regulation, code, 

15 standard, or requirement that is designed to protect 

16 against the risk of occurrence of fire, or to slow or 

17 prevent the spread of fire, with respect to uphol18 stered furniture. 

19 (2) PRESERVATION OF CERTAIN STATE LAW.— 

20 Nothing in this Act or the Flammable Fabrics Act 

21 (15 U.S.C. 1191 et seq.) may be construed to pre22 empt or otherwise affect— 

23 (A) any State or local law, regulation, 

24 code, standard, or requirement that— 


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1 (i) concerns health risks associated 

2 with upholstered furniture; and 

3 (ii) is not designed to protect against 

4 the risk of occurrence of fire, or to slow or 

5 prevent the spread of fire, with respect to 

6 upholstered furniture; 

7 (B) sections 1374 through 1374.3 of title 

8 4, California Code of Regulations (except for 

9 subsections (b) and (c) of section 1374 of that 

10 title), as in effect on the date of enactment of 

11 this Act; or 

12 (C) the California standard. 

Æ 


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