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 purposes. 

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


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•S 1341 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Safer Occupancy Fur3 niture Flammability Act’’ or the ‘‘SOFFA Act’’. 

4 SEC. 2. ADOPTION OF CALIFORNIA FLAMMABILITY STAND5 ARD AS A FEDERAL STANDARD. 

6 (a) DEFINITIONS.—In this section— 

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

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

9 sleep-related purposes; or 

10 (B) any component or accessory with re11 spect to an item described in subparagraph (A), 

12 without regard to whether the component or ac13 cessory, as applicable, is used— 

14 (i) alone; or 

15 (ii) along with, or contained within, 

16 that item; 

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

18 standard set forth by the Bureau of Electronic and 

19 Appliance Repair, Home Furnishings and Thermal 

20 Insulation of the Department of Consumer Affairs of 

21 the State of California in Technical Bulletin 117– 

22 2013, entitled ‘‘Requirements, Test Procedure and 

23 Apparatus for Testing the Smolder Resistance of 

24 Materials Used in Upholstered Furniture’’, originally 

25 published June 2013, as in effect on the date of en26 actment of this Act; 


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

2 have the meanings given those terms in section 

3 1633.2 of title 16, Code of Federal Regulations, as 

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

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

6 (A) means an article of seating furniture 

7 that— 

8 (i) is intended for indoor use; 

9 (ii) is movable or stationary; 

10 (iii) is constructed with a contiguous 

11 upholstered— 

12 (I) seat; and 

13 (II)(aa) back; or 

14 (bb) arm; 

15 (iii) is constructed with an upholstered 

16 seat, back, or arm; 

17 (iv) is— 

18 (I) made or sold with a cushion 

19 or pillow, without regard to whether 

20 that cushion or pillow, as applicable, 

21 is attached or detached with respect 

22 to the article of furniture; or 

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

24 stuffed or filled, in whole or in part, 

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1 stance or material that is hidden or 

2 concealed by fabric or another cov3 ering, including a cushion or pillow 

4 belonging to, or forming a part of, the 

5 article of furniture; and 

6 (v) together with the structural units 

7 of the article of furniture, any filling mate8 rial, and the container and covering with 

9 respect to those structural units and that 

10 filling material, can be used as a support 

11 for the body of an individual, or the limbs 

12 and feet of an individual, when the indi13 vidual sits in an upright or reclining posi14 tion; 

15 (B) includes an article of furniture that is 

16 intended for use by a child; and 

17 (C) does not include— 

18 (i) a mattress; 

19 (ii) a foundation; 

20 (iii) any bedding product; or 

21 (iv) furniture that is used exclusively 

22 for the purpose of physical fitness and ex23 ercise. 

24 (b) ADOPTION OF STANDARD.— 


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

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

3 and except as provided in paragraph (2), the Cali4 fornia standard shall be considered to be a flamma5 bility standard promulgated by the Consumer Prod6 uct Safety Commission under section 4 of the Flam7 mable Fabrics Act (15 U.S.C. 1193). 

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

9 related material, or product to which the California 

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

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

12 Product Safety Act (15 U.S.C. 2063(a)) with respect 

13 to that standard. 

14 (3) CERTIFICATION LABEL.—Each manufacturer 

15 of a product that is subject to the California standard 

16 as a result of paragraph (1) shall include the state17 ment ‘‘Complies with U.S. CPSC requirements for 

18 upholstered furniture flammability’’ on a permanent 

19 label located on the product, which shall be considered 

20 to be a certification that the product complies with 

21 that standard. 

22 (c) PREEMPTION.— 

23 (1) IN GENERAL.—Notwithstanding section 16 

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

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1 provement Act of 2008 (15 U.S.C. 2051 note), and 

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

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

4 of a State may establish or continue in effect any 

5 provision of a flammability law, regulation, code, 

6 standard, or requirement that is designed to protect 

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

8 prevent the spread of fire, with respect to uphol9 stered furniture. 

10 (2) PRESERVATION OF CERTAIN STATE LAW.— 

11 Nothing in this Act or the Flammable Fabrics Act 

12 (15 U.S.C. 1191 et seq.) may be construed to pre13 empt or otherwise affect— 

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

15 code, standard, or requirement that— 

16 (i) concerns health risks associated 

17 with upholstered furniture; and 

18 (ii) is not designed to protect against 

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

20 prevent the spread of fire, with respect to 

21 upholstered furniture; 

22 (B) sections 1374 through 1374.3 of title 

23 4, California Code of Regulations (except for 

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


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

2 this Act; or 

3 (C) the California standard. 


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Calendar No. 630 

116TH CONGRESS 

2D SESSION S. 1341 

A BILL 

To adopt a certain California flammability standard 

bility, and for other purposes. against the risk of upholstered furniture flammaas a Federal flammability standard to protect 

DECEMBER 15, 2020 

Reported with amendments 


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