[Code of Federal Regulations]
[Title 16, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR1632.63]

[Page 732]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
             CHAPTER II--CONSUMER PRODUCT SAFETY COMMISSION
 
PART 1632--STANDARD FOR THE FLAMMABILITY OF MATTRESSES AND MATTRESS 
PADS (FF 4	72, AMENDED)--Table of Contents
 
                 Subpart C--Interpretations and Policies
 
Sec.  1632.63  Policy clarification on renovation of mattress.

    (a) Section 3 of the Flammable Fabrics Act (15 U.S.C. 1192) 
prohibits, among other things, the ``manufacture for sale'' of any 
product which fails to conform to an applicable standard issued under 
the act. The standard for the Flammability of Mattresses, as amended (FF 
4-72) (subpart A of this part), issued pursuant to the act, provides 
that, with certain exceptions, mattress must be tested according to a 
prescribed method. The standard does not exempt renovation; nor does it 
specifically refer to renovation.
    (b) The purpose of this document is to inform the public that 
mattresses renovated for sale are considered by the Commission to be 
mattresses manufactured for sale and, therefore, subject to the 
requirements of the Mattress Standard. The Commission believes that this 
policy clarification will better protect the public against the 
unreasonable risk of fires leading to death, personal injury or 
significant property damage, and assure that purchasers of renovated 
mattresses receive the same protection under the Flammable Fabrics Act 
as purchasers of new mattresses.
    (c) For purposes of this document, mattress renovation includes a 
wide range of operations. Replacing the ticking or batting, stripping a 
mattress to its springs, rebuilding a mattress, or replacing components 
with new or recycled materials, are all part of the process of 
renovation. Any one, or any combination of one or more, of these steps 
in mattress renovation is considered to be mattress manufacture.
    (d) If the person who renovates the mattress intends to retain the 
renovated mattress for his or her own use, or if a customer or a 
renovator merely hires the services of the renovator and intends to take 
back the renovated mattress for his or her own use, ``manufacture for 
sale'' has not occurred and such a renovated mattress is not subject to 
the mattress standard.
    (e) However, if a renovated mattress is sold or intended for sale, 
either by the renovator or the owner of the mattress who hires the 
services of the renovator, such a transaction is considered to be 
``manufacture for sale''.
    (f) Accordingly, mattress renovation is considered by the Commission 
to be ``manufacture for sale'' and, therefore, subject to the Mattress 
Standard, when renovated mattresses are sold or intended for sale by a 
renovator or the customer of the renovator.
    (g) A renovator who believes that certain mattresses are entitled to 
one-of-a-kind exemption, may present relevant facts to the Commission 
and petition for an exemption. Renovators are expected to comply with 
all the testing requirements of the Mattress Standard until an exemption 
is approved.

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