PART 1640—STANDARD FOR THE FLAMMABILITY OF UPHOLSTERED FURNITURE Authority: Sec. 2101, Pub. L. 116-260, 15 U.S.C. 1193. Source: 86 FR 18443, Apr. 9, 2021, unless otherwise noted. § 1640.1 Purpose and scope. (a) Purpose. (b) Scope. § 1640.2 Effective date and compliance date. (a) Effective date. (b) Compliance date. § 1640.3 Definitions. (a) Bedding product (1) An item that is used for sleeping or sleep-related purposes; or (2) Any component or accessory with respect to an item described in this paragraph (a), without regard to whether the component or accessory, as applicable, is used— (i) Alone; or (ii) Along with, or contained within, that item; (b) California standard (c) Foundation (d) Mattress (e) Upholstered furniture. (i) Is intended for indoor use; (ii) Is movable or stationary; (iii) Is constructed with an upholstered seat, back, or arm; (iv) Is: (A) 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 (B) 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; (2) Includes an article of furniture that is intended for use by a child; and (3) 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. § 1640.4 Certification and labeling. (a) Testing and certification. (b) Certification label. § 1640.5 Requirements. (a) In general. (b) Preemption. (c) Preservation of certain State law. et seq. (1) 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; (2) Sections 1374, 1374.2, and 1374.3 of 4 CCR (except for subsections (b) and (c) of section 1374 of that title), as in effect on the date of enactment of Public Law 116-260; or (3) The California standard. § 1640.6 Incorporation by reference. Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at U.S. Consumer Product Safety Commission (CPSC), Room 820, 4330 East West Highway, Bethesda, MD 20814, and is available from the other sources listed in this section. To schedule an appointment, contact CPSC's Division of the Secretariat: telephone (301) 504-7479 or email: [email protected]. [email protected], www.archives.gov/federal-register/cfr/ibr-locations.html. (a) State of California, Department of Consumer Affairs, 4244 South Market Court, Suite D, Sacramento, CA 95834; email [email protected]; https://bhgs.dca.ca.gov/about_us/tb117_2013.pdf. (1) California standard. (2) [Reserved] (b) State of California, Office of Administrative Law (OAL), 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339, phone 916-323-6815, email [email protected]; https://oal.ca.gov/publications/ccr/; (1) California Code of Regulations (CCR), Title 4, Sections 1374, 1374.2, and 1374.3, in effect as of February 26, 2021 Register 2021, No. 9; IBR approved for § 1640.5. (2) [Reserved]