No. 38813 (Amendment): Section R70-101-7. Manufacturer Identification and Tag Requirements

(Amendment)

DAR File No.: 38813
Filed: 08/25/2014 04:42:02 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to comply with the change to Section 4-10-7 for used mattresses from S.B. 231 from the 2014 General Legislative Session.

Summary of the rule or change:

Used mattresses must be tagged with the word "USED" and displayed so that the tag is clearly visible to the customer.

State statutory or constitutional authorization for this rule:

• Subsection 4-10-7(4)

Anticipated cost or savings to:

the state budget:

This amendment will not have any budgetary impact on the state budget as it is specifically geared toward retailers and it will be the retailers that will assume the associated costs.

local governments:

This amendment will not have any budgetary impact on local government as it does not fall within their scope and is only for retailers.

small businesses:

There will be minimal expense to small businesses because retailers are not required to register or license with the Utah Department of Agriculture and Food (UDAF) when selling used mattresses. Therefore, UDAF does not know how many retailers there are nor know what kind of printing process they may choose to use for the required tags. R.C. Willey is the largest mattress retailer in the state. Our experience shows approximately 50 used (customer returns) mattresses on the clearance floors of seven R.C. Willey locations. With an approximate cost of $0.34 per tag (card stock and laminating) that would be $17 and those tags can be reused.

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

This amendment will not have any budgetary impact on persons as it will be the retailers that are affected by the associated costs of this amendment.

Compliance costs for affected persons:

There will be minimal expense to small businesses because retailers are not required to register or license with UDAF when selling used mattresses. Therefore, UDAF does not know how many retailers there are nor know what kind of printing process they may choose to use for the required tags. R.C. Willey is the largest mattress retailer in the state. Our experience shows approximately 50 used (customer returns) mattresses on the clearance floors of seven R.C. Willey locations. With an approximate cost of $0.34 per tag (card stock and laminating) that would be $17 and those tags can be reused.

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

Retailers are not required to register or license with UDAF when selling used mattresses. Therefore, UDAF does not know how many retailers there are nor know what kind of printing process they may choose to use for the required tags. RC Willey is the largest retailer of mattresses in the state.

LuAnn Adams, 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 [e-mail]
• Travis Waller at the above address, by phone at 801-538-7150, by FAX at 801-538-7124, or by Internet E-mail at [e-mail]
• Scott Ericson at the above address, by phone at 801-538-7102, by FAX at 801-538-7126, or by Internet E-mail at [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:

10/15/2014

This rule may become effective on:

10/22/2014

Authorized by:

LuAnn Adams, Commissioner

RULE TEXT

R70. Agriculture and Food, Regulatory Services.

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

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 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 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.)

D. Retailers selling used mattresses shall display such mattresses with a tag stating "USED" that is clearly visible to a customer.

1. Tags shall be yellow in color.

2. Tags shall be a minimum of three inches by six inches.

3. Font shall be a minimum of one inch in height.

4. Color of ink on tags shall be black.

 

KEY: quality control

Date of Enactment or Last Substantive Amendment: [January 11, 2010]2014

Notice of Continuation: April 7, 2010

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

 

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