4101:6-1-10. Labeling of hidden fillers

(A) Percentages: Percentages, as herein specified, are based on the per cent by weight of the filling material required to be shown on the label. Percentages need not be stated for stuffed toys.

(B) Mixtures: The name and percentages of the component materials in a mixture must be shown on the law label and listed thereon in the order of predominance. Percentages need not be stated for shredded clippings.

(C) Articles containing more than one type of filler: When more than one type of material is used in the construction of an article of bedding, stuffed toys or upholstered furniture, each type of material used must be shown on the law label, together with its per cent by weight, and listed thereon in the order of predominance, except as otherwise provided for in paragraph (i) of rule 4101:6-1-01 of the Administrative Code. No percentages are required for stuffed toys.

(D) Tolerance: A tolerance of plus or minus ten per cent by weight of the materials listed on the label shall be allowed. The ten per cent tolerance is allowed for the purpose of adjusting unintentional errors due to processing difficulties in arriving at exact percentages. Tolerance is not intended to permit deliberate admixture of inferior materials.

(E) All," "pure," "one hundred percent": all," "pure," and one hundred percent," or terms of similar import are permitted only if the material is as stated. No tolerance is allowed where such terms are used.

(F) Color of material: The natural color of any material used as a filler need not be stated on the label. When this is stated, it must be a true statement.

(G) Cleanliness: All fillings shall be clean, free, from trash, excreta, foreign or objectionable substances or odors.

(H) Bleached: When any filling material has been bleached, it shall be so stated on the label.

(I) Resin treated, resinated or rubberized filler: When any filling material has been resin treated or rubberized, it shall be so stated on the label. The per cent of rubber or resin used as a binder on a filler need not be shown.

(J) Use of secondhand material: Secondhand filling, when used in whole or in part in the manufacture or renovation of bedding, stuffed toy, and upholstered furniture products, requires the use of the appropriate secondhand label as specified in rule 4101:6-1-06 of the Administrative Code and"Illustration II" of that rule. Secondhand material which has been used or formed a part of any article which has been used by, on, or about any person having an infectious or contagious disease shall not be used again in any manner whatsoever.

(K) Exclusions from labeling. The presence of any of the following need not be shown on the tag, provided such materials are new: Burlap, muslin, tape, webbing and metal insulators; and, if under ten per cent of the filling, the following are excluded: Paper sheets used for separating or covering felts, the filling contained in a quilted ticking, glazed wadding, or trapunto embroidery when affixed to an article of bedding containing hidden filling, and the filling used in prebuilt border constructions; and mechanical, electronic and noise makers in stuffed toys.

(L) Stiffening material: The presence of any stiffening material, such as fiberboard, wood, plastic, wire, or paper, shall be shown on the label.

(M) Innerspring unit: The presence of an innerspring unit shall be shown on the label.

(N) Name of fiber: Terms defined in these regulations shall be the proper terms to use in the labeling of bedding and upholstered furniture products. When it is desired to list the trade name in addition, this may be done at the bottom of the label, in the space for additional information.

(O) Presence of oil: Any material containing in excess of five per cent oil must be described as "oily."

(P) Dirt or foreign material: The presence of nonfibrous mineral matter in excess of five per cent in any filling material shall be described as "dirt" and its percentage stated.

Five Year Review (FYR) Dates: 04/17/2015 and 04/17/2020
Promulgated Under: 119.03
Statutory Authority: 3713.04
Rule Amplifies: 3713
Prior Effective Dates: 5-10-98; 9-7-98

Prior History: (Eff 5-10-98; 9-7-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 3713.04
Rule amplifies: RC Chapter 3713.
119.032 rule review date: 8/1/98, 9/7/03 )