Flammability Updates & News

US CPSC Establishes Interim Policy Toward Enforcement of Smolder Standard

On July 1, 2007, the new national flammability standard for
mattresses and futons, officially known as 16 CFR 1633, will go into effect. As this would seem to leave some question as to the enforcement situation regarding the existing cigarette smolder standard, 15 CFR 1632, the US Consumer Products Safety Commission has published a document that provides some answers. This document, “Interim Enforcement Policy for Mattresses Subject to 16 CFR Parts 1632 and 1633,” is available on the CPSC’s website.

The CPSC includes a caveat at the beginning of the Interim Enforcement Policy, dispelling any notions that such interim policy applies to all mattresses and mattress pads: “This document describes the approach that CPSC’s Office of Compliance will follow in enforcing 16 CFR Part 1632 . . . this policy applies only to mattresses; mattress pads must continue to adhere to all the requirements set forth in Part 1632.” [Emphasis mine.]

The rationale for this interim policy is the CPSC staff’s understanding that mattress and futon manufacturers must redesign their prototypes to meet the requirements of the new open-flame standard, 16 CFR 1633, as well as the smolder standard, 16 CFR 1632. It has become clear that prototypes created with the smolder standard in mind will, in all probability, require alteration to meet the tough new open-flame standard. Therefore, the CPSC Interim Enforcement Policy states that, “Recognizing the short-term burden this would impose on manufacturers, the Office of Compliance will exercise enforcement discretion for an interim period to reduce the amount of testing required by Part 1632.” As 16 CFR 1632 requires the testing (and passing) of six mattress surfaces for each prototype, the CPSC’s interim strategy is to reduce the number of mattress surfaces to be tested, from six to two mattress surfaces.

As to how long this interim period of enforcement will last, the CPSC Interim Policy document states that, “This policy is in effect on May 1, 2006, and will remain effective until further notice. The Office of Compliance retains the right to modify or suspend the interim enforcement policy at any time. The staff intends, however, to provide at least 30 days notice on the CPSC’s website before making any change to this interim policy.” Normally, the 16 CFR 1632 smolder test requires that each of the six sides of the test mattresses be exposed to 18 lit cigarettes. The CPSC’s Interim Policy is now such that, as the document itself says, “The Office of Compliance will exercise its enforcement discretion and permit manufacturers to reduce testing from six mattress surfaces to two mattress surfaces for each new prototype created to comply with the Open-Flame Standard.” [Emphasis mine.]

This is an important distinction. As the Interim Policy applies only to new prototypes developed specifically to pass the open-flame 16 CFR 1633 standard, older prototypes not designed with both 1632 and 1633 in mind still must pass 16 CFR 1632 to its full extent. As the Interim Policy clearly states, “This policy applies only to mattress prototypes created after the March 15, 2006, publication of 16 CFR Part 1633 in the Federal Register. Mattress prototypes created prior to March 15, 2006, are subject to the full requirements of Part 1632.”

For further information, please contact the CPSC’s Office of Compliance, Recalls and Compliance Division, as follows: Mary Toro, Associate Director, Office of Compliance and Field Operations, e-mail: mtoro@cpsc.gov, phone: (301) 504-7586.

Also, for urgent questions on testing procedures, call the CPSC Hotline at (800) 638-2772.

FLLS