Agriculture and Food, Regulatory Services

Rule R70-101

Bedding, Upholstered Furniture and Quilted Clothing

Notice of Proposed Rule

(Amendment)

DAR File No.: 33074
Filed: 10/21/2009 12:12:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is grammatical housekeeping, a reference change, and description clarification.

Summary of the rule or change:

There are grammatical housekeeping changes. A reference change as the National Association of Bedding and Law Officials changed to an International Association several years ago (IABFLO), and minor description clarifications to create consistency from one section to another within the rule.

State statutory or constitutional authorization for this rule:

• Section 4-10-3

Anticipated cost or savings to:

the state budget:

The state budget for this program will stay the same as it is currently established. There are no additional costs or savings to the program as there are no new requirements or deletions to the rule.

local governments:

There will be no cost or savings to local governments as they do not inspect or control any bedding, upholstered furniture, or quilted clothing items, because local government does not inspect these items.

small businesses:

No changes in cost or savings to these groups will occur because there are no changes to the way business is already being conducted.

persons other than small businesses, businesses, or local governmental entities:

There are no additional cost associated with this amendment. This is only for grammatical housekeeping changes and also a reference change as the National Association of Bedding and Law Officials changed to an International Association several years ago. Also minor description clarifications to create consistency from one section to another within the rule.

Compliance costs for affected persons:

Compliance costs will remain the same for all affected persons as there is no new requirement or subtractions to the rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

Fiscal impact of the rule on businesses will not change because there have been no financial modification requests to this rule

Leonard M. Blackham, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Agriculture and Food
Regulatory Services
350 N REDWOOD RD
SALT LAKE CITY, UT 84116-3034

Direct questions regarding this rule to:

• Kathleen Mathews at the above address, by phone at 801-538-7103, by FAX at 801-538-7126, or by Internet E-mail at kmathews@utah.gov
• Richard Clark at the above address, by phone at 801-538-7150, by FAX at 801-538-7126, or by Internet E-mail at richardwclark@utah.gov
• Michelle Jack at the above address, by phone at 801-538-7151, by FAX at 801-538-4949, or by Internet E-mail at mjack@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/31/2009

This rule may become effective on:

01/07/2010

Authorized by:

Leonard Blackham, Commissioner

R70. Agriculture and Food, Regulatory Services.

R70-101. Bedding, Upholstered Furniture and Quilted Clothing.

R70-101-2. General Requirements.

A. These rules shall apply to all persons, partnerships, corporations , limited liability companies, and associations engaged in the business of manufacturing, retailing, wholesaling, processing, repairing, and selling items of bedding, upholstered furniture, quilted clothing, and filling materials. These rules do not apply to persons who make or renovate upholstered furniture, clothing or bedding for their own use.

B. Foreign, out-of-state articles or materials sold in Utah. This rule shall apply to bedding, upholstered furniture, quilted clothing, and filling materials sold in Utah regardless of their point of origin.

 

R70-101-3. Definitions.

A. "Manufacture" means to make, process, or prepare from new or secondhand material, in whole or in part, any bedding, upholstered furniture, quilted clothing, or filling material for sale; but does not include isolated sales of such articles by persons who are not primarily engaged in the making, processing, or preparation of these articles. For the purpose of the enforcement of this rule, the term "manufacturer" shall mean a person who either by himself or through employees [or agents] makes for the purpose of sale any bedding, upholstered furniture, quilted clothing, filling material, or any unit thereof[, or a retailer who sells bedding, upholstered furniture, quilted clothing, and filling material privately labeled under his name].

B. "Non-resident" means a person licensed under these rules who does not have premises in the State of Utah.

C. "Old" means filling material or portion thereof which shows characteristics of aging through deterioration or changing from its original qualities.

D. "Person" means an individual, partnership, association, firm, auctioneer, trust, limited liability company, or corporation, and agents, servants and employees of them.

E. "Premises" means all places where bedding, upholstered furniture, quilted clothing, or filling material is sold, offered for sale, exposed for sale, stored, renovated or manufactured, and the delivery vehicles used in their transportation.

F. "Supply dealer" means a person who manufactures, processes or sells at wholesale any felt, batting, pads or other filling, loose in bags, in bales or in containers, concealed or not concealed, intended for use in bedding, upholstered furniture, or quilted clothing.

G. "Sell" or any of its variants include s any combination of the following: sale, offer, or expose for sale, barter, trade, deliver, rent, consign, lease, possess with the intent to sell or dispose of in any other commercial manner; but does not include any judicial, executor, administrator or guardian sale. The possession of any article of bedding, upholstered furniture, quilted clothing, or filling material defined in these rules, by any maker, dealer, or his agents or servants in the course of business, shall be presumptive evidence of intent to sell.

H. "Uniform Registry Number", "URN", or "state-issued registry number" means the number issued by a state to be used on the law tag of bedding, furniture, or filling materials to identify the manufacturing facility, person, or company accepting responsibility for such products.

 

R70-101-4. License.

Except as otherwise provided in these rules, any person who advertises, solicits or contracts to manufacture, repair or wholesale any bedding, upholstered furniture, quilted clothing, or filling materials who either does the work himself or has others do it for him, shall secure the particular license for the particular type of work that he solicits or advertises that he does, regardless of whether he has a shop or factory. This license shall be obtained before such products are offered for sale in Utah.

A. Annual license fee. The fee imposed for each license granted under these rules shall be approved by the Legislature.

When the appropriate fee is not paid on or before January 1, the license shall become delinquent, and there shall be added to the fee a late penalty , [of $25] as approved by the Legislature in the Departments schedule of fees.

B. Suspension or revocation of license[,] and procedure[, review, record]. In addition to other remedies provided in [these rules] this rule, the Department shall have the authority to suspend or revoke any registration or license required by [these rules] this rule for any violation of their provisions. A suspension or revocation shall be handled as outlined in Section 4-1-5.

 

R70-101-5. Sanitation Requirements.

A. Use of unsanitary filling material. The premises, delivery equipment, machinery, appliances, and devices of all persons licensed under these rules shall at all times be kept free from refuse, dirt, contamination or insects and no person shall use in the making, repair or renovating of bedding, upholstered furniture, or quilted clothing any filling material:

1. that contains any bugs, vermin or filth;

2. that is unsanitary;

3. that contains burlap[,] or other material[,] that has been used for baling.

 

R70-101-6. Manufacturing, Distribution, Advertising, Labeling and Sale of Quilted Clothing.

A. This section establishes standards and procedures relating to quilted clothing. The department adopts by reference the Rules and Regulations under the Textile Fiber Products Identification Act, July 9, 1986 edition; under the Fur Products Labeling Act, July 4, 1980 edition; and under the Wool Products Labeling Act of 1939, July 9, 1986 edition; excepting that wherever conflicts arise, the state rule shall govern.

B. Articles of plumage-filled clothing shall meet the following requirements:

1. Articles labeled "Down" shall contain a minimum of 75% down and plumules. The minimum down cluster percentage must be listed.

2. Articles containing less than 75% down, shall label the percentages of down and feathers contained therein and shall contain at a minimum the percentage of "Down" printed on the tag.

 

R70-101-7. Manufacturer Identification and Tag Requirements.

A. The identification of a manufacturer, wholesaler, or supply dealer of quilted clothing or filling material which is to appear on the label and on the[or] tag shall be the same as required in rule 19-20 of the Federal Textile Fiber Products Identification Act and Wool Products Labeling Act, and the Federal Trade Commission Rules and Regulations.

The form of identification used on labels and on the[or] tags shall be the same supplied to the Department on the application for registration.

B. For articles of bedding and upholstered furniture, the law tag shall use the format adopted by the International Association of Bedding and Furniture Law Officials ( IABFLO), as listed in the "Tagging Law Manual" of the International Sleep Products Association (ISPA). A copy of the current edition of the "Tagging Law Manual" is available for public inspection at the Utah Department of Agriculture and Food, 350 North Redwood Road, Salt Lake City, Utah.

1. Tags on articles manufactured wholly of new material shall be white in color.

2. Tags on articles manufactured in whole or in part of secondhand materials and tags for "Owners Own Material" shall be yellow.

3. Color of ink on tags shall be black.

4. Tags shall be made of material that cannot be torn or easily abraded, and shall be the required color on both surfaces.

5. All required information shall be clearly and legibly printed in English and printed on one side of the tag only.

6. Tags shall be firmly attached to the article(s) in a position easily visible for examination. Regulated products which are offered for sale in boxes or in some other packaging which makes the law tags attached to the products themselves inaccessible, shall reproduce a fully legible facsimile of the law tag on the outer container or covering.

7. No mark, label, printed matter, illustration, sticker or any other device shall be placed upon the tags in such a way as to cover the required information.

8. A single uniform registry number (URN), issued by the state in which the firm is first registered, shall be used on the law tag. The firm's license with the state that issued the URN must be kept current for the number to be valid for use on products sold or offered for sale in Utah.

C. Every firm doing business under more than one state-issued uniform registry number (URN) shall obtain a license for each number used on products that are offered for sale in Utah. (A change of suffix on a URN shall constitute a new number and require an additional license.)

 

R70-101-8. Generic Names, Grades, Descriptive Terms, and Definitions of Filling Material.

A. The filling material shall be described on the label and on the[or] tag by the true generic name, grade, description term, or definitions of the filling material as accepted and approved by the Department. When more than one kind of filling material is used in a mixture, the percent by weight of each shall be listed in order of their predominance. Federal fiber tolerance standards are applicable, except as pertains to plumage products.

B. Blends may be described, if applicable, as under Section 14 in [these rules] this rule. In the case of non-down and/or non-feather filled articles of quilted clothing, any fiber or groups of individual fibers present in an amount of less than 5% by weight, of the total fiber content may be designated only as "other fiber" or "other fibers".

C. When different filling materials are used in various parts of the garment, the areas of the garment shall be named, followed by the name of the filling material used in that area. Examples:

Body - 50% Down, 50% Feathers[ or -

Body - Goose Down (or) Duck Down (or) Down]

Sleeves - Polyester Fiber

Pockets - Nylon Fiber

D. Use of trade names and non-generic terms to describe filling material(s) is prohibited.

 

R70-101-10. Making or Selling Material or Parts.

A person shall not purchase, make, process, prepare, or sell, directly or indirectly, at wholesale or retail or otherwise, any filling material or other component parts to be used in bedding, upholstered furniture, or quilted clothing, unless such material is plainly tagged as described in [the preceding section] this rule.

 

R70-101-11. Labeling of Foreign Articles.

Responsibility for labeling of unlabeled foreign-made bedding, upholstered furniture, quilted clothing, and filling material in compliance with [these rules] this rule shall rest with the person selling the merchandise in Utah.

 

R70-101-12. Violation of This Rule.

A. It shall be a separate violation of [these rules] this rule for each improperly labeled or tagged or unlabeled or untagged article of bedding, upholstered furniture, quilted clothing, or filling material made, sold, exposed or offered for sale, delivered, consigned, rented or possessed with intent to sell contrary to the provisions of [these rules] this rule.

B. Defense. No person shall be guilty of a violation of [these rules] this rule if he has received, from the person by whom the articles were manufactured or from whom they were received, a guarantee in good faith that the articles are not contrary to the provisions of these rules. The guarantee shall be in the form prescribed by the Federal Textile Fiber Products Identification Act, the Federal Wool Products Labeling Act and the Federal Trade Commission Rules and Regulations.

 

R70-101-13. Enforcement Procedures.

A. Removal of Inspector's Tag. Any person who removes, or causes to be removed, any tag or device placed upon any article of bedding, upholstered furniture, quilted clothing, or filling material, by an inspector in the performance of his official duties, is guilty of violation of [these rules] this rule.

B. Failure to Produce Articles Condemned. The failure of any person to produce upon demand of an inspector any article that has been condemned and ordered held on inspection notice signed by the person, or an inspection notice that the person has refused to sign, is a violation of [these rules] this rule.

C. Interfere, Hinder Inspector. No person shall interfere with, obstruct, or otherwise hinder any inspector of the Department in the performance of his duties.

D. Retailer[']s are Responsib le[ility] to:

1. [i] ensure that any article of bedding, upholstered furniture, [quilted clothing,] or filling material they sell is labeled with a uniform law tag;

2. ensure that quilted clothing tags list filling material(s) and the name or Registered Number (RN) of the manufacturer or distributor;

3[2]. fully comply with the Department's laws and rules governing false and misleading advertisement;

4[3]. and make sure that all manufacturers from whom they purchase products that come under the purview of the act, hold a valid license with the [d] Department.

5[4]. In addition, upon request of any representative of the Department, a retailer shall provide the Department with the identity of the manufacturer or wholesaler of any article of bedding, upholstered furniture, quilted clothing, or filling material sold by that[a] retailer.

6[5]. If the manufacturer or wholesaler so identified is not registered pursuant to [these rules] this rule and fails or refuses to register upon notification by the Department, any article of bedding, upholstered furniture, quilted clothing, or filling material manufactured or wholesaled by the manufacturer or wholesaler and sold or offered for sale in this state may be withheld from sale until the manufacturer or wholesaler registers; provided, that in the event the manufacturer or wholesaler fails to register, the retailer may register in lieu of the manufacturer or wholesaler.

 

R70-101-14. Rules and Regulations for Filling Material.

A. All terms and definitions of all filling materials shall be those terms which have been submitted to and approved by IABFLO[the Association of Bedding and Furniture Law Officials, Inc.], except those terms and definitions listed in [these rules] this rule.

B. The document entitled "Plumage Regulations", the 2001 edition, approved by [the] IABFLO[Association of Bedding and Furniture Law Officials], is adopted and incorporated by reference within this rule.

C. Cleanliness of Filling Materials.

All filling materials shall be reasonably clean and free from extraneous material, dirt, dust, filth, epidermis, excreta, disagreeable odors, or other contamination.

"Cleanliness" shall mean the oxygen number of any filling material consisting of whole feathers , [or] down , or a combination thereof; and the oxygen number of any filling material consisting of an admixture of feathers and down which contains five percent (5%) of crushed feathers shall not exceed 25 grams of oxygen per 100,000 grams of sample. (Oxygen number is considered to be[as] the amount, by weight, of oxidizable matter such as blood, excreta, and/or fecal matter present.)

D. "Imperfect, irregular foam" shall mean any foam products which show major imperfections or that fall below the foam manufacturer's usual standards or specifications and must be stated on the tag as "imperfect" or "irregular" along with the generic name of the foam.

E. "Imperfect, irregular fibers" shall mean fibers that have imperfections or that fall below the fiber manufacturer's usual standards or specifications and must be stated on the tag as "imperfect" or "irregular" along with the generic name of the fiber.

F. The terms "Prime","Super","Northern" and other terms of similar import shall not be used unless the fill can be proved to be of superior quality and meet the terms of the qualifying statement. Industry shall be responsible for proving to the Department that the fill is superior to the industry standard rating of 550 cubic inches of fill power.

 

R70-101-15. Products Not Intended for Uses Subject to [These Rules]This Rule .

A. The Commissioner hereby excludes from [these rules] this rule all textile fiber products related to quilted clothing except:

1. Articles of down, feather, or fiber filled clothing.

2. Down, feather , or fiber filled hats and hoods.

3. Down, feather , or fiber filled slippers and booties with fabric outer-covering.

4. Down, feather , or fiber filled gloves.

5. Bulk filling material used in the above.

 

KEY: quality control

Date of Enactment or Last Substantive Amendment: [April 3, 2006]2009

Notice of Continuation: September 6, 2005

Authorizing, and Implemented or Interpreted Law: 4-10-3