SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safer Occupancy Fur-
niture Flammability Act’’ or the ‘‘SOFFA Act’’. 
SEC. 2. ADOPTION OF CALIFORNIA FLAMMABILITY STAND-
ARD AS A FEDERAL STANDARD. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘bedding product’’ means— 
(A) an item that is used for sleeping or 
sleep-related purposes; or 
(B) any component or accessory with re-
spect to an item described in subparagraph (A), 
without regard to whether the component or ac-
cessory, as applicable, is used— 
(i) alone; or 
(ii) along with, or contained within, 
that item; 
(2) the term ‘‘California standard’’ means the 
standard set forth by the Bureau of Electronic and 
Appliance Repair, Home Furnishings and Thermal 
Insulation of the Department of Consumer Affairs of 
the State of California in Technical Bulletin 117– 
2013, entitled ‘‘Requirements, Test Procedure and 
Apparatus for Testing the Smolder Resistance of 
Materials Used in Upholstered Furniture’’, originally 
published June 2013, as in effect on the date of en-
actment of this Act;
(3) the terms ‘‘foundation’’ and ‘‘mattress’’ 
have the meanings given those terms in section 
1633.2 of title 16, Code of Federal Regulations, as 
in effect on the date of enactment of this Act; and 
(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 an uphol-
stered 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 sub-
stance or material that is hidden or 
concealed by fabric or another cov-
ering, 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 mate-
rial, 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 indi-
vidual sits in an upright or reclining posi-
tion; 
(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 ex-
ercise. 
(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 Cali-
fornia standard shall be considered to be a flamma-
bility standard promulgated by the Consumer Prod-
uct Safety Commission under section 4 of the Flam-
mable 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 re-
spect to that standard. 
(3) CERTIFICATION
LABEL.—Each manufac-
turer of a product that is subject to the California 
standard as a result of paragraph (1) shall include 
the statement ‘‘Complies with United States CPSC 
requirements for upholstered furniture flammability’’ 
on a permanent label located on the product, which 
shall be considered to be a certification that the 
product complies with that standard. 
(c) PREEMPTION.— 
(1) IN GENERAL.—Notwithstanding section 16 
of the Flammable Fabrics Act (15 U.S.C. 1203) and 
section 231 of the Consumer Product Safety Im-
provement Act of 2008 (15 U.S.C. 2051 note), and 
except as provided in subparagraphs (B) and (C) of 
paragraph (2), no State or any political subdivision 
of a State may establish or continue in effect any 
provision of a flammability law, regulation, code,
standard, or requirement that is designed to protect 
against the risk of occurrence of fire, or to slow or 
prevent the spread of fire, with respect to uphol-
stered furniture. 
(2) PRESERVATION OF CERTAIN STATE LAW.— 
Nothing in this Act or the Flammable Fabrics Act 
(15 U.S.C. 1191 et seq.) may be construed to pre-
empt or otherwise affect— 
(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