Key takeaways
- 16 CFR 1640 makes California TB 117-2013 the US federal smolder standard for indoor upholstered seating.
- Every piece needs a permanent label stating “Complies with U.S. CPSC requirements for upholstered furniture flammability”. A hangtag does not count.
- Furniture sold in California also needs the California TB 117-2013 notice, the flame-retardant chemical statement and a law label.
- Compliance rests on the components that were tested. A change of fabric, foam or barrier at the factory can break it.
- An inspection checks labels, materials and documents; the smolder tests themselves are done by a lab.
What the rule covers
The Safer Occupancy Furniture Flammability Act, section 2101 of Public Law 116-260, made California's Technical Bulletin 117-2013 a federal flammability standard. The US Consumer Product Safety Commission (CPSC) codified it as 16 CFR 1640. It applies to all upholstered furniture manufactured, imported or reupholstered on or after 25 June 2021.
| Covered | Not covered |
|---|---|
| Seating furniture for indoor use with an upholstered seat, back or arm, sold with a cushion or pillow or stuffed with filling: sofas, sectionals, armchairs, recliners, upholstered dining and accent chairs | Mattresses, foundations and bedding products |
| Upholstered seating intended for children | Furniture used only for physical fitness and exercise |
| Movable and stationary pieces, whether cushions are attached or loose | California exemptions kept by the federal rule: cushions and pads for outdoor use only, smooth-surfaced items with no more than 1/2 inch of filling, listed children's products such as car seats and strollers, and items made to a medical prescription |
The federal rule also preempts other state flammability rules for upholstered furniture. California's own labelling rules in title 4, sections 1374, 1374.2 and 1374.3, are expressly preserved.
What is tested
TB 117-2013 tests materials, not finished sofas. Each test builds a small mock-up chair seat and back from the material, places a lit cigarette on it and watches for 45 minutes. A mock-up fails if it is still smoldering after 45 minutes, if it bursts into open flame, or if the char runs past the limit below.
| Test | Applies to | Char limit |
|---|---|---|
| Section 1: cover fabric | The outer upholstery fabric | 1.8 in (45 mm) |
| Section 2: barrier | An interliner between cover fabric and filling | 2 in (51 mm) |
| Section 3: resilient filling | Foam, fibre batting and pads | 1.5 in (38 mm) |
| Section 4: decking | The upholstered deck under loose seat cushions | 1.5 in (38 mm) |
There are two ways to build a compliant seat:
- Passing fabric and passing filling. If the cover fabric passes, the first layer of filling under it must also pass the filling test.
- A passing barrier. A fabric or filling that fails can still be used if a barrier that passes covers all sides and the top of the seat cushions. The underside of a cushion that is neither reversible nor detachable does not need the barrier.
California states that these requirements can be met without adding flame-retardant chemicals. CPSC accepts testing to either the June 2013 or the January 2019 edition of TB 117-2013.
Labelling: the federal label and the California labels
16 CFR 1640.4 does not require a General Certificate of Conformity. Instead, the manufacturer's permanent label is itself the certification that the piece complies. Furniture sold in California needs further labels under California law.
| Label | Where | What it must say |
|---|---|---|
| Federal certification label (16 CFR 1640.4) | All US sales, from 25 Jun 2022 | “Complies with U.S. CPSC requirements for upholstered furniture flammability” on a permanent label on the product. CPSC staff recommend type at least 1/8 inch high, black on white, in English. Hangtags and zip ties are not permanent labels. |
| California TB 117-2013 notice (4 CCR 1374.3) | California | NOTICE. THIS ARTICLE MEETS THE FLAMMABILITY REQUIREMENTS OF CALIFORNIA BUREAU OF HOUSEHOLD GOODS AND SERVICES TECHNICAL BULLETIN 117-2013. CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR WITH BURNING CIGARETTES. Label at least 2 × 3 in, capitals at least 1/8 in, permanently attached in plain view. |
| Flame-retardant chemical statement (Business and Professions Code 19094) | California | States that the upholstery materials either contain or do not contain added flame-retardant chemicals, with an X in one box, followed by California's standard wording. “Added” means more than 1,000 ppm in a product or component. |
| Law label (4 CCR 1126) | California | “Under penalty of law this tag not to be removed except by the consumer”, the “All New Material” heading, a description of the filling and the registry number issued by the Bureau. |
California also requires anyone importing upholstered furniture for sale in the state to hold a licence from the Bureau of Household Goods and Services. A manufacturer outside the US that has no importer's licence needs a furniture and bedding manufacturer's licence if its products go into California.
What importers of Indian upholstered furniture need
Under US consumer product law, the importer is responsible for the goods. For a sofa or chair range made in India, that means having:
- Component test reports. Reports from a lab for each cover fabric, barrier, filling layer and decking material used, naming the material, its supplier and the TB 117-2013 section tested.
- A bill of materials per model. It links each model to the tested fabric, foam grade, fibre wrap and barrier, so anyone can see which report covers which piece.
- Approved label artwork. The federal label and, for California, the notice, flame-retardant statement and law label, sewn or fixed permanently before the goods are packed.
- Evidence for the flame-retardant box. If you tick “NO added flame-retardant chemicals”, keep supplier declarations or test data to back it. California can test samples and fine mislabelling.
- Change control. A written rule that the factory cannot switch fabric, foam or barrier without telling you and getting the new material tested.
The main risk in an Indian upholstery supply chain is substitution. Foam and fibre may come from local converters rather than the supplier that was tested, and a fabric can be swapped when a mill runs short. The finished sofa looks the same, but the test reports no longer describe it. A barrier specified in the sample can also be left out of production cushions.
What an inspection can verify, and what needs a lab
| An inspector at the factory can check | Only a lab can establish |
|---|---|
| The federal label is present, permanent (sewn or fixed, not a hangtag) and carries the exact statement | Whether a cover fabric, barrier, filling or decking material passes the TB 117-2013 smolder tests |
| California labels are present, the right size and in capitals, with one box marked on the flame-retardant statement | Whether a component contains added flame-retardant chemicals above 1,000 ppm |
| Fabric article number, foam grade and barrier in opened cushions match the bill of materials and the test reports | Whether a substituted material still passes |
| Test reports name the materials actually in use and are on file for every model |
Agree in advance how a missing or wrong label is classed. Many buyers treat it as a critical defect, because a piece without the federal label cannot be sold in the US. See AQL sampling explained for how defect classes work.
How Clear To Load checks this in India
On a furniture inspection in India, the inspector can check the labels above on every sampled piece, open cushions to compare foam, fibre and barrier with your bill of materials, and photograph fabric tags and supplier labels against your test reports. Where you need a new or confirmation test, we pull and seal component samples for an accredited lab of your choice through lab testing coordination.
The report arrives within 24 hours of the inspection and ends in a verdict: Cleared to load, Hold or Not cleared. An inspection does not certify compliance; that rests on the lab reports and your records. To add these checks to an order, book an inspection. If your range also uses MDF or plywood, see TSCA Title VI and CARB formaldehyde rules.
Sources
- 16 CFR Part 1640, Standard for the Flammability of Upholstered Furniture (eCFR)
- Federal Register, Standard for the Flammability of Upholstered Furniture, 86 FR 18443 (9 Apr 2021)
- CPSC business guidance: Upholstered Furniture
- Technical Bulletin 117-2013 (California Bureau of Household Goods and Services)
- BHGS Home Furnishings and Thermal Insulation Laws and Regulations, effective 1 Jan 2026