Thursday, September 16, 2021

Standard for the Flammability of Residential Upholstered Furniture

On September 16, 2021, the Consumer Product Safety Commission published in the Federal Register (86 FR 51639) Standard for the Flammability of Residential Upholstered Furniture; Termination of Rulemaking.

The Consumer Product Safety Commission is withdrawing its proposed rule on flammability standards for residential upholstered furniture that were published March 4, 2008 in the Federal Register. This rulemaking is no longer active because it has been superseded by the COVID–19 Regulatory Relief and Work From Home Safety Act.

On December 27, 2020, the "COVID–19 Regulatory Relief and Work From Home Safety Act," became law. Public Law 116–260. Section 2101(c) of the COVID–19 Act mandated that, 180 days after the date of enactment of the COVID–19 Act, the standard for upholstered furniture 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 (TB) 117–2013 (TB 117–2013), entitled, "Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture," published June 2013, "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)."

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