Safer Occupancy Furniture Flammability 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 purposes. 1. Short title This Act may be cited as the Safer Occupancy Furniture Flammability Act SOFFA Act 2. Adoption of California flammability standard as a Federal standard (a) Definitions In this section— (1) the term bedding product (A) an item that is used for sleeping or sleep-related purposes; or (B) any component or accessory with respect to an item described in subparagraph (A), without regard to whether the component or accessory, as applicable, is used— (i) alone; or (ii) along with, or contained within, that item; (2) the term California standard Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture (3) the terms foundation mattress (4) the term upholstered furniture (A) means an article of seating furniture that— (i) is intended for indoor use; (ii) is movable or stationary; (iii) is constructed with a contiguous upholstered— (I) seat; and (II) (aa) back; or (bb) arm; (iii) is constructed with an upholstered seat, back, or arm; (iv) is— (I) 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 (II) 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 (v) 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; (B) includes an article of furniture that is intended for use by a child; and (C) does not include— (i) a mattress; (ii) a foundation; (iii) any bedding product; or (iv) furniture that is used exclusively for the purpose of physical fitness and exercise. (b) Adoption of standard (1) In general Beginning on the date that is 180 days after the date of enactment of this Act, and except as provided in paragraph (2), the California standard shall be considered to be a flammability standard promulgated by the Consumer Product Safety Commission under section 4 of the Flammable Fabrics Act ( 15 U.S.C. 1193 (2) Testing and certification A fabric, related material, or product to which the California standard applies as a result of paragraph (1) shall not be subject to section 14(a) of the Consumer Product Safety Act ( 15 U.S.C. 2063(a) with respect to that standard (3) Certification label Each manufacturer of a product that is subject to the California standard as a result of paragraph (1) shall include the statement Complies with U.S. CPSC requirements for upholstered furniture flammability (c) Preemption (1) In general Notwithstanding section 16 of the Flammable Fabrics Act ( 15 U.S.C. 1203 15 U.S.C. 2051 (2) Preservation of certain State law Nothing in this Act or the Flammable Fabrics Act ( 15 U.S.C. 1191 (A) any State or local law, regulation, code, standard, or requirement that— (i) concerns health risks associated with upholstered furniture; and (ii) is not designed to protect against the risk of occurrence of fire, or to slow or prevent the spread of fire, with respect to upholstered furniture; (B) sections 1374 through 1374.3 of title 4, California Code of Regulations (except for subsections (b) and (c) of section 1374 of that title), as in effect on the date of enactment of this Act; or (C) the California standard. December 15, 2020 Reported with amendments

Summary: Safer Occupancy Furniture Flammability Act or the SOFFA Act This bill adopts the California flammability standard as the federal standard for upholstered furniture. To meet the standard, the upholstered furniture must past a specific test of the materials' ability to resist smoldering when a heat source is applied.