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[Utah Administrative Code Table of Contents]
[Title R070. Table of Contents]
R70-101-1 Authority.
A. Promulgated Under Authority of Section 4-10-3.
B. Scope: The purpose of these rules is to designate the license fees, labeling, terms, definitions, nomenclature and conditions as commonly used and recognized in the manufacture, sale and distribution of bedding, upholstered furniture, quilted clothing products and filling materials.
R70-101-2 General Requirements.
A. These rules shall apply to all persons, partnerships, corporations and associations engaged in the business of manufacturing, retailing, wholesaling, processing, repairing, and selling items of bedding, upholstered furniture and 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, 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 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.
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.
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 penalty of $25.
B. Suspension or revocation of license, procedure, review, record. In addition to other remedies provided in these rules, the Department shall have the authority to suspend or revoke any registration or license required by these rules 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.
The Department adopts the standards and procedures relating to quilted clothing as specified in Rules and Regulations Under the Textile Fiber Products Identification Act, July 9, 1986 edition; Federal Trade Commission Guides for the Feather and Down Products Industry, October 29, 1971 edition; Rules and Regulations Under the Fur Products Labeling Act, July 4, 1980 edition and the Rules and Regulations Under the Wool Products Labeling Act of 1939, July 9, 1986 edition; are hereby incorporated by reference within this rule; provided, that wherever the word "should" appears in the Federal Trade Commission guide, the word "shall" shall be inserted in lieu thereof, and excepting further that wherever conflicts arise, the state rule shall govern.
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 or tag will be the same as required in rule 19-20 of the Federal Textile Fiber Products Identification Act and Wool Products Labeling Act, and the United States Federal Trade Commission Rules and Regulations.
1. The form of identification used on labels 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 Association of Bedding and Furniture Law Officials (ABFLO), 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 Regulatory Services office of the Utah Department of Agriculture and Food, 350 North Redwood Road, Salt Lake City, Utah.
C. A single registry number, issued by the state in which the firm is first registered, shall be used on the law tag.
D. Every firm name doing business under a separate registry number other than the one listed on their application for license, will be required to procure a license for each number used.
R70-101-8 Generic Names, Grades, Descriptive Terms, and Definitions of Filling Material.
A. The filling material shall be described on the label 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. Blends may be described if applicable as under Section 14 in these rules. In the case of non-down filled articles of quilted clothing, any fiber or groups of individual fiber 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." When a different filling material is 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 body (duck down or down)
Sleeves - Polyester fiber
Pockets - Nylon fiber
B. Trade names and non-generic terms used to describe filling materials is prohibited.
R70-101-9 Use of Rubber Stamp or Stencil.
A rubber stamp or stencil may be used in lieu of a tag on articles having a smooth backing on which the imprint can be legibly and indelibly stamped, and on suitable surfaces of bales or containers of felt, batting, pads or other filling material used or to be used in bedding, upholstered furniture and quilted clothing products.
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.
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 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 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.
B. Defense. No person shall be guilty of a violation of these rules if he has received from the person by whom the articles were manufactured or from whom they were received a guarantee in good faith and 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 United States Federal Trade Commission Rules and Regulations issued.
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 or quilted clothing or any material, by an inspector in the performance of his official duties, is guilty of violation of these rules.
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.
C. Interfere, Hinder Inspector. No person shall interfere with, obstruct or other wise hinder any inspector of the Department in the performance of his duties.
D. Retailer's Responsibility to:
(a) insure that any article of bedding, upholstered furniture, quilted clothing or filling material they sell is labeled with a uniform law tag.
(b) fully comply with the Department's laws and rules governing false and misleading advertisement 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 department.
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 a retailer. If the manufacturer or wholesaler so identified is not registered pursuant to these rules 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 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 The National Association of Bedding and Furniture Law Officials, Inc., except those terms and definitions listed in these rules.
B. Any plumage product which exceeds the permissible amount of residue, landfowl plumage, crushed or quill feathers or damaged feathers as provided for in the Federal Trade Commission's Guides for the Feather and Down Products Industry, Guides 6(b), 7, 8, and 10, Promulgated October 29, 1971, which is hereby incorporated by reference within this rule, shall state the entire amount of the components present on the label or tag.
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 as the amount, by weight, of oxidizable matter such as blood, excreta, 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 term 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 term 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.
A. The Commissioner hereby excludes from these rules all textile fiber products related to quilted clothing except:
1. Articles of quilted clothing.
2. Down and fiber filled hats.
3. Down and fiber filled hoods.
4. Down filled and fiber filled booties with fabric outer-covering.
5. Down and fiber filled gloves.
6. Bulk filling material used in the above.
[Indexing]
KEY: quality control
February 15, 1997
[Editor's note: Below are references
to the Utah Code that are listed by the
agency making this rule as authority
for the rule.]
4-10-3
Notice of Continuation December 18, 1996
