A Guide to United States Furniture Compliance ... - CPSC.gov

1 A Guide to United States Furniture Compliance Requirements Lisa M. Benson Karen Reczek This publication is available free of charge from: NISTIR 8119 NISTIR 8119 A Guide to United States Furniture Compliance Requirements Lisa M. Benson* Karen Reczek Standards Coordination Office * Dakota Consulting This publication is available free of charge from: February 2012 Revised March 2016 Department of Commerce Penny Pritzker, Secretary of Commerce National Institute of Standards and Technology Dr. Willie E. May, Director Acknowledgements The lead author for this document is Lisa M.

2 Benson, Dakota Consulting, under contract to the Standards Coordination Office of NIST. Additional guidance, initial research, and review of the document were provided by the staff of the Standards Coordination Office of NIST including Mary Donaldson and Karen Reczek, and the Engineering Laboratory of NIST including, Richard G. Gann. Invaluable support was also received from the knowledgeable experts at the Consumer Product Safety Commission and the Federal Trade Commission who provided input into the document and also conducted a thorough review. Consumer Product Safety Commission reviewers were Patty Edwards and Arlene Flecha Castro.

3 Federal Trade Commission reviewers were Steve Ecklund and Robert Frisby. Table of Contents HOW TO USE THIS Guide .. 1 SCOPE .. 1 OVERVIEW OF FEDERAL REGULATORY FRAMEWORK .. 1 FEDERAL REGULATORY AUTHORITIES AND TECHNICAL REGULATIONS (MANDATORY) .. 2 Consumer Product Safety Commission ( cpsc ) .. 2 Consumer Product Safety Act (CPSA) .. 2 Consumer Product Safety Improvement Act of 2008 (CPSIA) .. 2 Certificates and Mandatory Third-Party 2 Children s Furniture Items .. 3 Toddler Beds .. 3 Bassinets and 4 Full-Size Cribs and Non-Full-Size Cribs .. 4 Bedside Sleepers .. 4 Bunk Beds .. 4 Tracking Labels for Children s Products.

4 5 Federal Hazardous Substances Act (FHSA) .. 6 Sharp Points and Edges on Children s Products .. 6 Customs and Border Protection (CBP) .. 7 Country or Origin: Marking of Imported Articles and Containers .. 7 Environmental Protection Agency (EPA) .. 8 Antimicrobial Textiles: The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) .. 8 Toxic Substances Control Act (TSCA) .. 8 Wood in Furniture : Formaldehyde in High Density Fiberboard (HDFB) .. 9 Federal Trade Commission (FTC) .. 10 Federal Trade Commission Act (FTC Act) .. 10 Used or Secondhand Stuffing Textile Fiber Products Identification Act .. 10 Environmental Marketing Claims.

5 10 United States Department of Agriculture (USDA) .. 11 Organic Fibers: Organic Foods Production Act of 1990 (OFPA) .. 11 The Lacey Act .. 11 OVERVIEW OF STATE REGULATORY FRAMEWORKS .. 12 STATE REGULATORY AUTHORITIES AND TECHNICAL REGULATIONS (MANDATORY) .. 12 Packaging and Labeling .. 13 UPLR .. 13 Toxics in Packaging Legislation .. 13 Uniform Law Label .. 13 State of California .. 14 California Air Resources Board (CARB) - Formaldehyde Emissions .. 14 Lead and Other Toxic Substances .. 15 Upholstered Furniture Flammability Requirements .. 15 Safer Consumer Products Regulations .. 16 Made in the USA.

6 16 State of 16 Lead .. 16 Minnesota .. 17 Formaldehyde in Children s Products .. 17 State of Washington .. 17 Lead, Cadmium, and Phthalates in Children s Products .. 17 Multiple States .. 18 Flame Retardant Regulations .. 18 Chemicals of 18 OVERVIEW OF THE VOLUNTARY STANDARDS FRAMEWORK .. 18 STANDARDS DEVELOPING ORGANIZATIONS (SDOS) .. 19 ASTM International .. 19 Business and Industrial Furniture Manufacturing Association (BIFMA International) .. 20 ANSI/BIFMA e3 Furniture Sustainability Standard .. 21 National Fire Protection Association (NFPA) .. 22 Upholstery Furniture Action Council (UFAC) .. 22 TESTING AND CERTIFICATION BODIES.

7 23 Testing .. 23 23 California Air Resources Board (CARB) Third-Party Certification Program .. 23 Consumer Products Subject to a Product Safety Rule .. 23 BIFMA Sustainability Certification Level .. 24 Juvenile Products Manufacturers Association (JPMA).. 24 RELEVANT GOVERNMENT AGENCIES .. 25 Customs and Border Protection (CBP) .. 25 Consumer Product Safety Commission ( cpsc ) .. 25 Environmental Protection Agency (EPA) .. 25 Federal Trade 25 Department of Agriculture .. 25 Furniture INDUSTRY AND MARKET DATA .. 26 Trade Associations .. 26 American Home Furnishings Alliance .. 26 Upholstered Furniture Action Council.

8 26 Furniture Market Data .. 26 Page | 1 A Guide to United States Furniture Compliance Requirements SCOPE This Guide addresses children s Furniture , upholstered Furniture and other types of Furniture . This document does NOT address mattresses or other home furnishings such as carpets and rugs. OVERVIEW OF FEDERAL REGULATORY FRAMEWORK Once a law has been enacted by Congress, the appropriate federal agency ( , the Consumer Product Safety Commission, the Federal Trade Commission, the National Highway Traffic and Safety Administration, et al.) may create the regulations to implement the law.

9 Before such regulations can be adopted, the appropriate federal agency ordinarily will issue a notice of proposed rulemaking (NOPR) to solicit public comments on the proposed rules. To provide opportunity for public comment, the appropriate federal agency must issue draft regulations or Proposed Rules that are published in the Federal Register and as a WTO TBT notification. The agency reviews the comments and can then issue a Final Rule that also is published in the Federal Register, and later, published annually in the Code of Federal Regulations (CFR). Together, the enabling acts/laws [published in the United States Code (USC) once passed] and the final regulations (published in the Code of Federal Regulations) provide a framework for the implementation and enforcement of most federal laws in the United States .

10 HOW TO USE THIS Guide Regulations are mandatory Standards are voluntary (unless Incorporated by Reference in a regulation) Guidelines may be voluntary (but are often de facto industry standards) Red text highlights mandatory requirements Blue text indicates a hyperlink to a website, page or document on the web Page | 2 FEDERAL REGULATORY AUTHORITIES AND TECHNICAL REGULATIONS (MANDATORY) Several federal agencies administer regulations associated with Furniture . Agency Scope Consumer Product Safety Commission ( cpsc ) Flammability of upholstered Furniture (proposed); lead containing surface coatings.