(a) It shall be unlawful to make any false or misleading
statement on any label or tag required by the Act and these regulations;
it shall be unlawful for any person to remove, deface, alter, or position
any label or tag or statement thereon for the purpose of defeating
the provisions of the Act and these regulations, except that the label
or tag may be removed by the consumer.
(b) All labels, tags, or markings required by the Act
and these regulations shall be attached by the permitted manufacturer
or renovator at the factory or at the location where germicidal treatment
is performed.
(c) Labels and tags shall be printed on substantial
cloth or a material of equal quality. Material shall be resistant
to tear and have prior departmental approval.
(d) Information required on the label shall be printed,
typed, or stamped in ink. Printing shall be legible and be resistant
to smudging and smearing. Print size shall be of the height specified.
(e) Required printed matter on the label shall not
be concealed, in whole or in part, by any other label, tag or printed
matter not required by the Act.
(f) No printed matter shall appear on the back side
of the label. No advertisements, insignias, or endorsements shall
appear on the label.
(g) The terms used on the label to describe materials
used in filling shall be restricted to those defined in these regulations
or specifically approved by the department. Only generic terms shall
be used; trade names, trademarks or registered terms shall not be
used in describing filling material. No information or wording other
than descriptions of filling material shall appear in the statement
of content section.
(h) Any chemical treatment applied to the filling materials
shall be described in the statement of contents section. e.g. "blended
cotton felt--boric acid treated".
(i) It is permitted, as the last item on the label,
to include the name of the manufacturer, importer, distributor and/or
retailer, bar code, size, weight, country of origin, any federal/state
requirements relating to flammability or fiber identification information,
and other information approved by the department.
(j) The information presented on the label shall be
in English and the label shall be clearly visible at all times. Other
languages may be used in addition to English, but shall be presented
on separate labels.
(k) Labels shall be affixed to the outer covering of
bedding articles and shall be so located as to make the label and
the information thereon completely and clearly visible to the purchaser
at all times. Germicidal treatment label attachment methods shall
have prior approval by the department. Specific locations for label
attachments shall be as follows:
(1) Mattresses, box springs, pillows, pads, sleeping
bags, and most infant bedding articles shall have the label attached
on the end/side border or top panel and in proximity of any advertising
labels, company logos, streamers, or any other labels not required
by the Act. In the absence of any private labels, the law label shall
be attached at the location most likely to be prominently displayed
to the purchaser.
(2) Articles such as quilted bedspreads, mattress protectors,
quilts, etc., packaged in clear or see through packaging material
shall be folded in such a manner so that the label and printed matter
thereon is visible to the purchaser.
(3) Articles of bedding packaged in concealed packaging
shall have a label affixed to both the article and an exact duplicate
label attached to the outside of the package.
(4) Processed filling material identification tag location
is optional except that it shall be securely attached where clearly
visible.
(5) Reclining chairs shall have the label attached
to the underside of the foot rest in such a way as to allow the label
to be unfolded for easy access. Chairs with detachable cushions may
have the label attached to the front part of the platform under the
cushion.
(6) Upholstered furniture articles with detachable
cushions (e.g., sleeper sofas, sofa beds, chair beds) shall have the
label attached to the front part of the platform under the cushions.
Upholstered furniture articles without detachable cushions shall have
the label attached to the front part of the article in such a way
as to make it accessible and visible.
(7) Attaching the label to the dust cover or bottom
of large articles, to the back side of railings or support braces,
to the outside back, or in any other location which is not easily
accessible to the purchaser, is prohibited.
(8) Attaching the label in a location or manner which,
while the article of bedding is on display for sale, conceals the
label from open view to the purchaser shall be considered as a willful
act to intentionally defeat the intent of the Act and these regulations.
(l) The different types of required labels and illustrations
of each are as follows:
(1) The label attached to bedding wholly manufactured
from new materials shall have a minimum size of six square inches
and state, plainly stamped or printed in black ink on all white material:
(A) "ALL NEW MATERIAL" in capital letters at least
one-eighth inch high;
(B) the kind and grade of each material used in the
filling and, if more than one kind or grade of material is used, the
percentage, in descending order, by weight of each material;
(C) the manufacturer's permit identification number
assigned by the department; and
(D) shall be in the following form:
Attached Graphic
(2) The label attached to bedding any part of which
is manufactured or renovated from secondhand or recycled material,
other than bedding reworked, repaired, or renovated for the owner
for the owner's own use, shall be at least 12 square inches and state,
plainly stamped or printed in red ink on all white material:
(A) "SECONDHAND MATERIAL" or "RECYCLED MATERIAL" in
capital letters at least one-fourth inch high;
(B) the manufacturer's or renovator's permit identification
number assigned by the department; and
(C) shall be in the following form:
Attached Graphic
(3) The label attached to material or bedding that
has been germicidally treated shall be at least 12 square inches and
state, plainly stamped or printed in black ink on all yellow material:
(A) "SECONDHAND (USED) ARTICLE--SANITIZED" in capital
letters at least one-fourth inch high;
(B) that the article or material has been germicidally
treated by a method approved by the department;
(C) the method of germicidal treatment applied;
(D) the date the article was germicidally treated;
(E) the name and address of the person for whom the
article was germicidally treated;
(F) the permit identification number of the person
applying the germicidal treatment assigned by the department; and
(G) shall be in the following form:
Attached Graphic
(4) The processed filling material label is an identification
label. The type and material of this label is optional. However, the
label shall be visible, the printed matter shall be legible, generic
terms shall be used as the descriptive terminology and the processor's
identification number assigned by the department shall be stated.
Illustrations of a form for this label follow:
Attached Graphic
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