CPSC upholstered furniture standard part 1640.

What the part does

Section 1640.1(a) says the part "establishes the standard for the flammability of upholstered furniture, as 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,' published June 2013." In other words, the federal standard is the California bulletin, made national. The authority line cites Public Law 116-260, section 2101, and 15 U.S.C. 1193.

The scope paragraph, 1640.1(b), reads: "All upholstered furniture as defined in 1640.3 manufactured, imported, or reupholstered on or after the effective date of this standard is subject to the requirements of this part." The text of TB 117-2013 is not printed in the CFR. It is incorporated by reference (1640.6) and available from the California Department of Consumer Affairs, so its test details are outside what this page can quote.

Dates

Under 1640.2(a), the standard "is effective June 25, 2021, and shall apply to all upholstered furniture, as defined in 1640.3, manufactured, imported, or reupholstered on or after that date." Under (b), "compliance with the labeling requirement in 1640.4 shall be required by June 25, 2022, and shall apply to all upholstered furniture ... manufactured, imported, or reupholstered on or after that date." The checker above applies those two dates to the date you enter, and reports three states: before the effective date, in the standard but before the label date, and subject to both. "Reupholstered" is in the scope sentence, so an item reupholstered after June 25, 2021 is measured from the reupholstering date.

What is "upholstered furniture"

Section 1640.3(e)(1) defines it as an article of seating furniture that: (i) is intended for indoor use; (ii) is movable or stationary; (iii) is constructed with an upholstered seat, back or arm; (iv) is either (A) made or sold with a cushion or pillow, whether attached or detached, or (B) stuffed or filled, or able to be stuffed or filled, in whole or part, with any material, including a hidden or concealed material, including a cushion or pillow belonging to or forming part of the article; and (v) together with its structural units, filling material, container and covering, "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." The definition expressly "includes an article of furniture that is intended for use by a child."

It "does not include" a mattress, a foundation, any bedding product, or "furniture that is used exclusively for the purpose of physical fitness and exercise." Mattress and foundation take the meanings in 16 CFR 1633.2 (see the part 1633 page). A "bedding product" is an item used for sleeping or sleep-related purposes, or a component or accessory of one. A sleeper chair or futon is therefore likely to be handled under the mattress standards where it contains a mattress, and the classification can depend on facts the text leaves to judgment.

Testing, certification and the label

Section 1640.4(a) says a fabric, related material or product to which the California standard applies "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." That is, the usual third-party testing and certificate regime of section 14(a) does not attach to this standard. Instead, under (b), "each manufacturer of a product that is subject to the California standard shall include the statement 'Complies with U.S. 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."

Section 1640.5(a) is the operative requirement: "All upholstered furniture must comply with the requirements in the California standard, Technical Bulletin (TB) 117-2013." The label is the certification; it is not a separate test.

State law and preemption

Section 1640.5(b) preempts state and local fire-spread laws: "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 upholstered furniture," except as provided in sections 1374, 1374.2 and 1374.3 of 4 California Code of Regulations (except subsections (b) and (c) of 1374) or the California standard itself. Paragraph (c) preserves state and local laws that concern health risks associated with upholstered furniture and are not designed to protect against fire. That is the line between a fire-flammability requirement, which is federal now, and a chemical or health-based rule, which a state can still make.

Worked example

A sofa with upholstered seat, back and arms and loose cushions is made for indoor use and finished on March 3, 2022. It is upholstered furniture, made after June 25, 2021, so TB 117-2013 applies; the label date of June 25, 2022 has not been reached, so under the text the permanent label is not yet required for that date, although the standard is. A child's upholstered chair finished on January 15, 2026 is subject to both. A foam yoga bench sold only for exercise is excluded. A patio chair not intended for indoor use fails 1640.3(e)(1)(i) and is outside the definition. A bare mattress is excluded here and is covered by parts 1632 and 1633.

Limits of this page

The tool applies the definition elements and the dates to answers you give. It cannot run the TB 117-2013 smolder test, decide whether an item with a concealed filling or a convertible function is seating furniture, or advise on the California rules the part keeps in force. This page quotes the CFR and is not a determination about any product.

Sources

Sources opened and read November 2, 2026.

• eCFR: 16 CFR part 1640, flammability of upholstered furniture (current through October 29, 2026) (read November 2, 2026)