No. 28503 (Amendment): R70-101. Bedding, Upholstered Furniture and Quilted Clothing

DAR File No.: 28503
Filed: 02/10/2006, 11:35
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule 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.

 

Summary of the rule or change:

This amendment includes a definition for a Uniform Registry Number (URN), or "state-issued registry number" and the purpose of this number. Some of the information has been changed to clarify the requirements for tags.

 

State statutory or constitutional authorization for this rule:

Section 4-10-3

 

Anticipated cost or savings to:

the state budget:

There is no anticipated cost or savings to the state budget. The cost is a fee charged for a license to any person who advertises, solicits, or contracts to manufacture bedding, upholstered furniture, quilted clothing, or filling materials.

 

local governments:

There is no anticipated cost or savings to local government. The cost is a fee charged for a license to any person who advertises, solicits, or contracts to manufacture bedding, upholstered furniture, quilted clothing, or filling materials.

 

other persons:

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.

 

Compliance costs for affected persons:

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.

 

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

The impact on businesses would be the fee charged for the license. 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:

Marolyn Leetham, Claudia Gale, or Kyle Stephens at the above address, by phone at 801-538-7114, 801-538-7156, or 801-538-7102, by FAX at 801-538-7126, 801-538-7126, or 801-538-7126, or by Internet E-mail at [e-mail], [e-mail], or [e-mail]

 

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:

03/31/2006

 

This rule may become effective on:

04/01/2006

 

Authorized by:

Leonard M. Blackham, Commissioner

 

 

RULE TEXT

R70. Agriculture and Food, Regulatory Services.

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

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.

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 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.

 

R70-101-7. 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 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 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 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 registry number, issued by the state in which the firm is first registered, shall be used on the law tag.

[9. Every firm 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. (A change in suffix shall constitute a new number and require an additional license.)]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.)

 

KEY: quality controls

Date of Enactment or Last Substantive Amendment: [May 2, 2001]2006

Notice of Continuation: September 6, 2005

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