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Calif. FR mattress regs to go on books Feb. 22

By David Perry -- Furniture Today, January 25, 2004

California's Office of Administrative Law has approved the state's proposed standards on open- flame protection for mattresses, a key hurdle toward their enforcement beginning Jan. 1, 2005.

The standards will go on the law books Feb. 22 with the 2005 enforcement date, according to John McCormack, manager of research and development for the California Bureau of Home Furnishings.

Meanwhile, the possibility of a delay in the enforcement date has been raised in Bedtimes, the business journal published by the International Sleep Products Assn. An article in its January issue says, "When California formally adopts TB 603 (the mattress regulations), the next question is whether it will – as required by federal law – formally request that the U.S. Consumer Product Safety Commission exempt TB 603 from federal preemption."

The story suggests the federal pre-emption issue could delay enforcement, "and it will depend on when and whether California requests an exemption, and how quickly the CPSC acts on that request."

ISPA officials were not immediately available for comment.

California officials decided last year not to seek such an exemption. Instead, they have asked CPSC to adopt the California standards, a step they say would avoid the pre-emption issue.

California Bureau Chief Lynn Morris has said repeatedly in the past several weeks that the state remains on track to begin enforcing the new regulations in January 2005.

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