This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 4101:6-1-02 | Definitions.
Effective:
November 5, 2021
As used in Chapter 4101:6-1 of the Administrative
Code, the words, terms, and phrases have the following meanings: (A) "Department" means the
department of commerce. (B) "Director" means the
director of the department of commerce. (C) "Division" means the
division of industrial compliance. (D) "Person" means an
individual, group of individuals, partnership, corporation, or
association. (E) "Bedding" means any
upholstered furniture filled with material, any mattress, upholstered spring,
comforter, bolster, pad, cushion, pillow, mattress protector, quilt, and any
other upholstered articles to be used for sleeping, sitting, resting, or
reclining purposes, and any glider, hammock, or other substantially similar
article that is wholly or partly upholstered. (F) "Comforter" or
"quilt" means any covering, stuffed or filled, to be used for
sleeping, sitting, resting, or reclining purposes. (G) "Mattress," mattress
pad," "mattress protector," or "pad" means any
mattress, mattress pad, mattress protector, chair pad, pad, or quilted pad to
be used for sleeping, sitting, resting, or reclining purposes. (H) "Pillow,"
"bolster," feather bed," "cushion," "sleeping
bag," or "upholstered headboard" means any bag, case, or
covering that has been stuffed or filled to be used for sleeping, sitting,
resting, or reclining purposes. (I) "Upholstered spring"
means any box spring, Hollywood bed, studio couch, sofa bed, or Davenport bed,
to be used for sleeping, sitting, resting, or reclining purposes. (J) "Upholstered furniture"
means any article of furniture, wholly or partly stuffed or filled with
material, that is used or intended for use for sitting, resting, or reclining
purposes. (K) "Stuffed toy" means any
article that could be used by children, as a plaything, that is wholly or
partly stuffed with material. (L) "Material" means any
article, substance, or portions thereof used in the manufacture, repair, or
renovation of bedding or stuffed toys. (M) "Plaything" means any
manufactured item for the educational or recreational use of children, or the
equivalent thereof. (N) "New material" means
any material that has not been used in the manufacture of another article, or
used for any other purpose, and includes by-products of machines at mills using
only new raw material. (O) "Secondhand material"
means any material that is not "new material." (P) "Shredded" means
material that has been cut up, torn up, broken up, or ground up. (Q) "Secondhand articles of
bedding" means any article of bedding that has been put to bodily use by,
on, or about any person or animal and is sold or offered for sale "as
is." (R) "Secondhand upholstered
furniture" means any article of upholstered furniture that has been put to
bodily use by, on, or about any person or animal and is sold or offered for
sale "as is." (S) "Remade, repaired, or
renovated articles of bedding not for sale" means any article that is
remade, repaired, or renovated for and is returned to the owner for his own
use. (T) "Sale,"
"sell," "sold," or "lease," in the corresponding
tense, means sell, offer to sell, or deliver or consign in sale, or possess
with intent to sell, or deliver in sale. (U) "Label" means any tag
or label used for identification of an article of bedding, upholstered
furniture, or stuffed toy.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-03 | License requirements.
Effective:
November 5, 2021
(A) Any person who engages in
manufacturing or wholesaling bedding or upholstered furniture that is to be
sold or offered for sale in this state; a person remaking, repairing, or
renovating bedding or upholstered furniture for return to an owner in this
state; a person delivering for sale any article of bedding, upholstered
furniture, or stuffed toy; or any person holding for sale any article of
secondhand bedding; or a person manufacturing, wholesaling, making, or
importing stuffed toys that are sold, consigned, delivered for sale, or offered
for sale, or leased in this state must register with the division of industrial
compliance. All registrants shall make application to the superintendent for a
certificate of registration, which the superintendent shall issue. (B) Each such registration application
shall be accompanied by an annual registration fee of fifty dollars, payable in
one amount prior to the annual issuance. Except the following classes of
registrants shall pay a registration fee as delineated below and shall be
excluded from the annual report requirement and the charges related thereto:
secondhand dealers at fifty dollars, renovators at thirty-five dollars, mobile
home and recreational vehicle dealers at fifty dollars, and auction houses at
fifty dollars. A ,certificate of registration will not be issued for a period
of less than one year, and no refunds will be made for unused portions thereof.
Registrations are not transferable. Each registration shall expire one year
from the date of issuance and is renewable annually unless
revoked. (1) Each registrant, with
the exception of wholesalers having a business establishment in the state of
Ohio, shall make a report to the director every twelve months. Such reports
shall show the exact number of articles manufactured or wholesaled for sale,
consigned or delivered for sale, or held for sale, in this state, or renovated
for return to an owner in this state, by such registrant, which articles are
included in Chapter 3713. of the Revised Code, known as "Inspection of
Bedding Materials," and in this chapter. (2) At the same time the
report is submitted, each person required to submit a report shall also pay to
the superintendent four cents for each article of bedding or stuffed toy that
was manufactured or wholesaled for sale, consigned or delivered for sale, or
held for sale, in this state, or that was remade, repaired, or renovated for
and returned to an owner in this state. Reports shall be made under oath that they are
true to the best of knowledge and belief of the person making the report.
Whenever any registrant fails to make such report and payment, or whenever it
is advisable at the discretion of the superintendent, the superintendent or the
superintendent's agents shall examine the books and records of the
registrant for the purpose of determining the correct amount due from such
registrant. Registration shall be forfeited in cases where a registrant has
failed to pay either the amount of the registration report found to be owed or
the amount of reasonable expenses incurred in making such examination by the
division. (C) No organization described in section
501 (c)(3) of the Internal Revenue Code of 1954, and exempt from income tax
under section 501 (a) of the code and that is operated exclusively to provide
recreation or social services for persons who are fifty-five years of age or
over, shall be required to pay an annual registration fee in order to be
registered with the division. (1) The organization
shall submit with its application for registration number, an affidavit signed
by the executive officer or director of the organization to the effect that the
organization qualifies for an exemption from registration fee under this
section and a copy of the Internal Revenue Code form 1023. (2) Such organizations
shall comply with all other requirements of Chapter 3713. of the Revised Code
and rules promulgated thereunder. (D) Any person who is required to
register with the division of industrial compliance under paragraph (A) of this
rule may apply to the superintendent for an exemption from the annual
registration fee and/or annual report requirements of paragraph (B) of this
rule and the charges related thereto upon the showing of good cause and that
the filing of such would result in undue hardship. The superintendent shall
rule on each application for exemption individually as the superintendent sees
fit. (1) If an exemption is
granted, the superintendent shall at the same time determine a fixed annual
registration fee to be applied in that specific case, not to exceed one hundred
dollars. (2) Such exemption shall
not preclude compliance with all other requirements of Chapter 3713. of the
Revised Code and rules promulgated thereunder.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-04 | General requirements.
Effective:
November 5, 2021
(A) Every article of bedding or
upholstered furniture manufactured or wholesaled for sale, delivered,
consigned, or possessed for sale, sold or offered for sale, remade, repaired,
or renovated for return to the owner in this state, shall have securely
attached thereto a tag or label made of such material as the superintendent
prescribes. The tag or label shall bear, in plain print in the English
language, such information and data as the superintendent
prescribes. Every stuffed toy manufactured or wholesaled for
sale, delivered, consigned, or possessed for sale, or sold or offered for sale
in this state shall have securely affixed thereto a tag or label. The form,
design, color, or size of the label is left to the discretion of the
manufacturer or importer, provided that the information required on the label
is clearly legible and of sufficient size type so that it can be readily
discerned. The label of a stuffed toy shall bear the
following information: (1) The registered name
and address of the manufacturer, wholesaler, or importer, or, at the option of
the manufacturer, wholesaler, or importer, the registration number assigned to
the registrant by this state, which shall be the registration number of the
manufacturer, wholesaler, or importer in any other state in which the
registrant is registered; and (2) A statement that
"All new material" was used in the manufacture of the stuffed toy and
also specifying the type of filling materials used in the stuffed
toy. (B) All persons manufacturing,
wholesaling, making, remaking, renovating, or repairing, except for their own
use, or delivering for sale any article of bedding, upholstered furniture, or
stuffed toy shall apply for a registration number. Application shall be made
either by submitting the application via electronic mail to
Ohio.Bedding@com.state.oh.us or by mailing the application to the
superintendent, "Division of Industrial Compliance, 6606 Tussing Road,
P.O. Box 4009, Reynoldsburg, Ohio, 43068-9009." (C) No person shall use any false,
untrue, or misleading statement, term, or designation on any tag or
label. (D) Each tag or label attached to an
article of bedding or upholstered furniture shall state the kind of materials
used in filling said article, using terms defined by this chapter. (E) Every tag or label shall contain all
information required by Chapter 3713. of the Revised Code and by this
chapter. (F) No person, other than a purchaser for
his or her own use and except as herein otherwise provided, shall remove,
alter, or deface the tag or label nor alter any statement on such tag or
label. (G) Responsibility for properly
designating the filling material used in a finished article is that of the
manufacturer of the finished article. (H) "All," "pure,"
"one hundred percent," and "virgin" are definitive, and the
slightest departure from the indicated quality makes the tag or label
misleading and unlawful. No tolerance is allowed where such terms are
used. (I) When more than one type of filler is
used in an article of bedding or upholstered furniture, such fillers must be
shown on the label in order of their predominance. When down, silk, latex
products, or synthetic materials such as nylon are used in conjunction with
other materials, the percentages by weight shall be shown on the label. A
maximum tolerance of plus or minus ten per cent of the stated percentage may be
allowed.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-05 | Label requirements for articles of bedding, upholstered furniture, and stuffed toys, manufactured of all new material.
Effective:
November 5, 2021
(A) Bedding and upholstered
furniture: (1) Material: Shall be of
white vellum cloth, or a cloth or Tyvek of comparable quality that will not
flake out when abraded, or such other material as prescribed or authorized by
the superintendent. (2) Size: Not less than
two by three inches, exclusive of the portion required to affix the label to
the article. (3) Color of material:
White is required. (4) Color of printing:
Black is required. (5) Each article shall
have one or more labels. (6) Each label shall
state in the English language in black type not less than - one-eighth of one
inch high: (a) The words "All New Material" (b) The filling contents in the article employing the terms and
provisions set forth in these regulations. When fillings other than those
defined are used, a true description of such fillings shall be
stated. (i) An article consisting
of a main body and one or more accompanying cushions requires that the filling
contained in the body and in the cushions be stated separately and identified
on one or more attached labels. The number of cushions must also be
stated. (ii) An upholstered
article made with the back separate from the seat requires that the fillings of
each be stated separately and identified on the label. (c) The manufacturer's registration number proceeded by the
name of the state issuing the registration number and followed by the
abbreviated name of the state in which the plant is located. Each manufacturing
location or plant shall have a separate registration number. (d) The registered name and address of the manufacturer, maker,
distributor, or vendor of the article with the appropriate name and address
identifier. Post office box numbers are not acceptable. (7) The label shall be
securely fastened and clearly visible. Mattresses, box springs, pillows, pads,
comforters, bolsters, quilts, mattress protectors, and other such articles
shall have the tag sewn into one of the outside seams thereof. Upholstered
furniture with detachable cushions should have the tag attached to the front of
the platform supporting the cushions where it may be seen when the cushions are
raised. Upholstered furniture that does not have detachable cushions should
have the tag attached to the front of the bottom in such manner that it is in
plain view and may be seen when the article is in normal position, except that
on such items where this would place the label next to the floor, it may be
attached to the outside back at the top of the item. Chairs, benches, and other
articles that may be readily lifted for inspection may have the tag attached to
the bottom of the seat. (8) "Illustration
I" shows the arrangement and form of the label suggested for use on
articles containing "All New Material," as defined in this
chapter. (B) Stuffed toys: (1) Every stuffed toy
manufactured or wholesaled for sale, delivered, consigned, or possessed for
sale, sold, or offered for sale in this state shall have securely affixed
thereto a tag or label. The form, design, color, or size of the label is left
to the discretion of the manufacturer or importer, provided that the
information required on the label is clearly legible and in sufficient type so
that it can be readily discerned. (2) The label of the
stuffed toy shall bear the following information: (a) The registered name and address of the manufacturer,
wholesaler, or importer, or, at the option of the manufacturer, wholesaler, or
importer, the license number assigned to the registrant by this state, which
shall be the registration number of the manufacturer, wholesaler, or importer
in any other state in which the registrant is registered. (b) A statement that "All new material" was used in the
manufacture of the stuffed toy and also specifying the types of filling
materials used in the stuffed toy. (c) A person required to register and attach a tag or label to a
non-compliant article may apply to the superintendent for a temporary variance
pending laboratory validation. The request shall be in writing, demonstrate a
good cause for the variance, the number of items involved, and that the
labeling infraction will be corrected on any future shipments into this
state.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-06 | Label requirements for articles of bedding and upholstered furniture manufactured of secondhand material.
Effective:
November 5, 2021
(A) Material: shall be of white
vellum cloth or a cloth or Tyvek of comparable quality that will not flake out
when abraded, or such other material as prescribed or authorized by the
director. (B) Size: no less than four by eight
inches, except on pillows where size shall not be less than three by four
inches. (C) Color of material: White is
required. (D) Label shall have a red border at
least three-eighths of one inch wide. (E) Each article shall have two
labels, except comforters, mattress protectors, quilts, cushions, and pillows
on which only one label is required. (F) Each label shall state in the
English language: (1) In bold red type not less than
one-fourth of one inch high the words "Made of second hand material" (2) The filling contents used in the
article, employing the terms and provisions set forth in this chapter. When
fillings other than those defined are used, the division should be consulted
for the correct labeling of any materials not defined in this
chapter. (a) An article consisting of a main
body and one or more accompanying cushions requires that the filling contained
in the body and in the cushions be stated separately and identified on one or
more attached labels. The number of cushions must also be stated. (b) An upholstered article made with
the back separate from the seat requires that the fillings of each be stated
separately and identified on the label. (3) The manufacturer's
registration number preceded by the name of the state issuing the registration
number and followed by the abbreviated name of the state in which the plant is
located. Each manufacturing location or plant shall have a separate
registration number. (4) The registered name and address
of the manufacturer, maker, distributor, or vendor of the article with the
appropriate name and address identifier. Post office box numbers are not
acceptable. (G) The label shall be securely
fastened by each of its four edges to each sleeping, sitting, resting, or
reclining surface, except as otherwise herein provided. Pillows, comforters,
bolsters, quilts, mattress protectors, and other such articles shall have the
tag sewn into one of the outside seams thereof. Upholstered furniture with
detachable cushions should have the tag attached to the front of the platform
supporting the cushions, where it may be seen when the cushions are raised.
Upholstered furniture that does not have a detachable cushion should have the
tag attached to the front of the bottom in such a manner that it is in plain
view and may be seen when the article is in normal position, except that, on
such items where this would place the label next to the floor, it may be
attached to the outside back at the top of the item. Chairs, benches, and other
articles that may be readily lifted for inspection may have the tag attached to
the bottom of the seat. (H) The required secondhand label
shall be attached when the article contains secondhand material in whole or in
part, including the innerspring unit. (I) "Illustration II" shows
the arrangement and the form of the label suggested for use on articles
containing "made of second hand material," as defined in this
chapter. (J) No person shall use, in the
manufacturing, making, remaking, repairing, or renovating of any article of
bedding or upholstered furniture for sale, being offered for sale, or
renovated, repaired, or remade for return to the owner in this state, any
material that has been used by a person having an infectious or contagious
disease or any material that has been a part of an article so
used.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-07 | Label requirements for renovators.
Effective:
November 5, 2021
(A) All renovators are governed by
the requirements of rules 4101:6-1-02, 4101:6-1-03, 4101:6-1-04, 4101:6-1-05,
and 4101:6-1-06 of the Administrative Code, except those portions relating to
the type and description of filling materials shall apply only when materials
are added in remaking, repairing, or renovating. (B) Any person receiving an article
of bedding or upholstered furniture for remaking, repairing, or renovating
shall, while such article is in his or her possession, keep securely attached
thereto a tag or label "Illustration III" showing: (1) Name and address of the
owner. (2) Date of receipt. (C) When only new material is added
in remaking, repairing, or renovating, the requirements of rules 4101:6-1-02,
4101:6-1-03, 4101:6-1-04, and 4101:6-1-05 of the Administrative Code apply,
except that the label "Illustration IV" shall read "Renovated By
Adding New Material" instead of "All New Material." (D) When remaking, repairing, or
renovating is done without adding any material, the requirements of rules
4101:6-1-02, 4101:6-1-03, 4101:6-1-04, and 4101:6-1-05 of the Administrative
Code apply, except that the label "Illustration V" shall read
"Renovated Without Adding Any Material" instead of "All New
Material." (E) When secondhand material is added
in remaking, repairing, or renovating, the requirements of rules 4101:6-1-02,
4101:6-1-03, 4101:6-1-04, and 4101:6-1-06 of the Administrative Code apply,
except that the label "Illustration VI" shall read "Renovated By
Adding Secondhand Material" instead of "Made of Secondhand
Material." (F) On all labels, the two words
immediately preceding the name and address of the renovator shall read
"Renovated by" instead of "Manufactured by." (G) Any article of bedding or
upholstered furniture that is renovated for sale is a secondhand article and,
as such, is governed by rule 4101:6-1-08 of the Administrative
Code.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-08 | Label requirements for the sale of secondhand articles of bedding and upholstered furniture.
Effective:
November 5, 2021
(A) Material: Suitable cloth or heavy
paper such as is generally used for tags. (B) Size: Shall be a minimum of three by
five inches. (C) Color of material: Yellow is
required. (D) Color of printing: Black is
required. (E) Each label shall state in type not
less than one-fourth of one inch high the words: "Secondhand Material Contents Unknown This
Item Has Been Sterilized" Registration Number (F) "Illustration VII" shows
the arrangement and form of the label suggested for use on secondhand articles
of bedding and upholstered furniture. (G) No person shall sell, offer for sale,
lease, or have in their possession for sale any secondhand article of bedding,
upholstered furniture, or secondhand stuffed toy, unless they first remove the
original tag or label and securely attach a tag or label, where clearly
visible, meeting the requirements of this rule. (H) The requirements of this rule do not
apply to the sale of antique furniture. (I) The vendor of secondhand bedding must
comply with the requirements of rule 4101:6-1-03 of the Administrative Code and
rules and regulations governing sanitization or sterilization. In addition to
the above information, all tags placed on secondhand bedding must contain the
vendor's registration number.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-09 | Filling description.
Effective:
November 5, 2021
The purpose of rules 4101:6-1-09 to 4101:6-1-17 of
the Administrative Code is to designate terms, definitions, and nomenclature as
commonly used and recognized in the manufacture, sale, and distribution of
upholstered furniture, bedding, and stuffed toys. Classifications of materials
are intended to have understandable meanings to the ultimate consumer. The
definitions are in conformity with those adopted by the majority of the states
in the nation. It is hereby declared to be the direction, policy, and intent of
the Ohio department of commerce to adopt and promote these terms, definitions,
and nomenclature. Each of the following terms shall be used where
appropriate: (A) "Felt" means fiber that has
been garnetted or carded in layer form. This term cannot be used when batting,
felt scraps, or clippings are stuffed or blown in the same manner as unfelted
materials. Nor may this term be used for materials that have been felted but
are not readily distinguishable from unfelted material. The use of the term
"batting," instead of "felt," is permissible. (B) "Fiber" means any natural
or synthetic substance composed of thread-like tissue. (C) "Pad" means any material
interwoven, punched, pressed, or molded into a flexible, padded
form. (D) "Napper" means the lint
removed during the process of raising the face of a cloth. (E) "Card," "strips,"
or "stripping" means the fibrous by-product produced by or removed
from the carding cloth following the carding process. (F) "Comber" means the fibrous
by-product removed during the combing process. (G) "Fly" means the fibrous
by-product removed from the machines during carding, drawing, or other textile
operations. (H) "Noils" means the short
fibers removed during the combing process. (I) "Pickers," "picker
motes," or "motes" means the fibrous by-products resulting from
the opening and cleaning of fiber in the opener room of a textile
mill. (J) "Sweepings" means the
fibrous sweepings from textile mills. (K) "Shredded clippings" means
materials reclaimed from any yarn, fabric, or product by shredding, cutting,
tearing, grinding, or breaking. The white "all new material" label
shall be used for shredded clippings; the red-bordered "secondhand
material" label shall be used for secondhand shredded
clippings. (L) "Garnetted clippings" means
material that has been made into thread, yarn, or fabric and subsequently
reduced to a fibrous state and processed through a garnetting
machine. (M) "Textile fibers of unknown
kind" means new material consisting of a variety of fibers that has been
reduced to a fibrous state. (N) "Textile fibers of undetermined
origin" means new material consisting of a variety of fibers that has been
reduced to a fibrous state. (O) "Nonwoven fiber sheet"
means new material consisting of a variety of fibers that has been pressed or
molded into a thin sheet-like form. (P) "Gravel" means a loose
mixture of pebbles and rock fragments coarser than sand. (Q) "Sawdust" means minute
particles of wood resulting as a by-product of sawing wood. (R) "Plastic" means any of
various nonmetallic compounds, synthetically produced, that can be molded into
various forms and hardened for commercial use. (S) "By-product" means anything
produced in the course of making another thing. (T) "Molded" means having a
certain shape or form produced while in a plastic or molten state by use of a
mold. (U) "Pieces" means parts of
fragments broken or separated from the whole. (V) "Beads" means small usually
round objects, such as glass, wood, metal, and so on. (W) "Pellets" means a small
ball or rounded mass. (X) "Cracked corn" means the
seed of maize (corn) that has been passed through a machine that breaks the
kernel apart. (Y) "Soy beans" means the seeds
of the soy plant. (Z) "Turnip seeds" means the
seeds of the turnip plant.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-10 | Labeling of hidden fillers.
Effective:
November 5, 2021
(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 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 articles of bedding, stuffed toys, or upholstered furniture, each type of
material used must be shown on the 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 4101:6-1-02 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," "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 and free from trash, excreta, and foreign or objectionable substances,
and 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, resinated,
or rubberized, it shall be so stated on the label. The per cent of rubber or
resin used as a binder or 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 toys, 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 that has been used or formed a part of any article
that 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.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-11 | Cotton fillers.
Effective:
November 5, 2021
(A) "Cotton felt" means the
product obtained when one or more of the cotton products defined under
paragraphs (B), (C), and (D) of this rule have been carded in layers or sheets
by a garnet or felting machine. The term "Blended Cotton Felt" may be
used when more than one type of material, as specified in this paragraph, is
used. (B) "Staple cotton" means the
staple fibrous growth, as removed from cottonseed in the usual process of
ginning (first cut), containing no foreign material. Leaves, hull, etc. present
in the usual amount shall not be considered foreign material. The term
"cotton" by itself shall not be used. (C) "Cotton linters" means the
fibrous growth removed from cottonseed subsequent to the usual process of
ginning. (D) "Cotton by-products" means
the by-products removed from the various machine operations necessary in the
manufacture of cotton yarn up to but not including the process of spinning, and
shall include only the following materials commonly known in cotton mill terms
as: (1) "cotton comber," (2) "cotton card strips," or
"cotton vacuum strips," (3) "cotton fly," and (4)
"cotton picker." Either the blanket term "cotton
by-products" or the individual terms: "cotton fly," etc. may be
used on the label. (E) "Cotton waste" means any
material defined under cotton by-products containing more than seven per cent
of trash, hull, leaf, stem, pulp, etc., and includes cotton motes. (F) "Cotton mill sweepings"
means sweeps, oily sweeps, or oily card. (G) "Trash" means hull, leaf,
stem, pulp, etc. when present in excess of ten per cent of the filling; it
shall be shown on the label as "trash."
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-12 | Down and feather fillers.
Effective:
November 5, 2021
(A) Definitions: Each of the following terms, herein defined,
shall be further designated on the label by the name of the fowl (goose, duck,
turkey, and chicken) from whence the material came, except that the term
"down" may be used by itself without denoting the species of fowl
from whence it came. The term "waterfowl" may be used to designate
goose, duck, or any mixture of goose and duck stock. A twenty per cent
tolerance will be allowed on the statement of species. In labeling of "down," "goose
down," or "duck down," no minus tolerance is permitted wherever
the term "not less than" appears in connection with any constituent;
and no plus tolerance is permitted wherever the term "not more than"
appears in connection with any constituent; enumerated in this rule. (1) "Down": The
term "down" may be used to designate any filling material consisting
of not less than seventy per cent of a mixture of down clusters, plumules, and
down fibers, of which not more than ten per cent of the mixture shall be down
fibers and not more than thirty per cent of a combination of the
following: (a) Natural waterfowl feathers; (b) Down fiber, not more than five per cent; (c) Damaged and broken feathers, not more than three per
cent; (d) Chicken feathers and fibers, not more than two per
cent; (e) Waterfowl feather fiber, not more than five per cent, may be
labeled as "down"; (f) Residue of not more than two per cent. (2) "Duck
down": The term "duck down" may be used to designate any filling
material consisting of not less than eighty per cent of a mixture of duck down
and goose down clusters, plumules, and down fibers, in which the duck down
clusters predominate. However, any such filling material otherwise conforming
to the requirements set forth for the labeling of "down" may be
labeled as "duck down" or as "down." (3) "Goose
down": The term "goose down" may be used to designate any
filling material consisting of not less than eighty per cent of a mixture of
down clusters, plumules, and down fibers, in which goose down clusters shall
constitute not less than sixty-five per cent of the entire mixture of duck down
clusters and down fibers each of which shall constitute not more than ten per
cent of the entire mixture, and not more than twenty per cent of a combination
of the following: (a) Natural waterfowl feathers; (b) Duck down clusters; (c) Down fibers, not more than five per cent; (d) Damaged and broken feathers, not more than three per
cent; (e) Chicken feathers and fibers, not more than two per
cent; (f) Waterfowl feather fiber, not more than five per cent, may be
labeled as "goose down"; (g) Residue of not more than two per cent. (4) "Down
fiber" means the barbs of down plumes separated from the quillpoints of
down. (5) "Feathers"
means whole feathers that have been processed in any way except for cleaning
and dusting. (6) "Feather
fiber" means the barbs of feathers separated by any process from the
quills, but free from quills. (7) "Quill
feathers" means wing feathers and/or tail feathers. (8) "Crushed
feathers" means feathers that have been processed by a curling or crushing
machine, thereby changing the original form of the feathers without removing
the quills. (9) "Stripped
feathers" means the barbs of feathers stripped from the quill shaft, but
not separated into feather fiber. (10) "Chopped
feathers" means feathers that have been chopped or cut into pieces by a
chopping machine. (11) "Broken
feathers" means feathers that were broken or damaged by insects or in any
manner apart from direct processing. The presence of broken feathers in excess
of ten per cent of the filling shall be shown on the label as "broken
feathers," and the percentage shall be given. (B) Labeling. (1) Feather and down
mixtures shall be designated in accordance with the definitions under paragraph
(A) of this rule, by the name, character, and per cent of each material used,
and listed in the order of predominance; otherwise, the entire mixture shall be
designated by the name of the lowest grade of material used. The grades of
materials in descending order are as follows: goose down, duck down, goose
feathers, duck feathers, turkey feathers, and chicken feathers. (2) The deviations from
the statement on the label of species and character of feather and down
materials shall not exceed twenty per cent of the stated
percentages. (3) Cleanliness: All
feather and down stocks shall be thoroughly cleaned prior to use.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-13 | Hair fillers.
Effective:
November 5, 2021
(A) Definitions: Each of the following terms, herein defined,
shall be further designated on the label as to origin, according to the
following classifications: "horse tail," "horse mane,"
"cattle tail," "hide," "hog," and
"goat." A ten per cent tolerance will be allowed on the statement of
origin. (1) "Hair" means the
coarse, filamentous, epidermal outgrowth of such mammals as horses, cattle,
hogs, and goats. When used in the manufacture or renovation of bedding or
upholstered furniture, it shall be clean, properly cured, and free from
epidermis, excreta, and foreign or objectionable substances or
odors. (2) "Dyed hair" or
"bleached hair" means hair that is dyed or bleached. The appropriate
designation shall appear on the label, preceded by the word "dyed" or
"bleached." (3) "Curled hair" means
hair that has been curled. The appropriate designation shall appear on the
label, preceded by the word "curled." (4) "Uncurled" means hair
that has not passed through a curling process. The appropriate designation
shall appear on the label, preceded by the word
"uncurled." (5) "Hair pad" means hair
that is interwoven or punched on any woven material or otherwise fabricated
into a pad. The kind, grade, and percentage of each type of material in the pad
shall be stated on the label. No description of the woven material or any
reference to it is required. (6) "Rubberized hair,"
"resin treated hair," or "resinated hair" means hair that
has been rubberized or resin treated. The appropriate designation shall appear
on the label, preceded by the word "rubberized," "resin
treated," or "resinated." (7) "Shredded hair" means
hair that has been shredded. The appropriate designation shall appear on the
label, preceded by the word "shredded." The use of the term
"curled" is not permitted in connection with shredded
hair. (B) Labeling: (1) Hair mixtures: When hair of
different origins is used in a blend, the kind and percentage by weight of each
shall be shown on the label. A tolerance of ten per cent by weight of the
percentages stated on the label shall be permitted. (2) Hair and fiber mixtures: When any
material of whatever origin, other than hair, is used in a mixture or blend
with hair, the kind and percentage by weight of each such material shall be
shown on the label. A tolerance of ten per cent by weight of the percentages
stated on the label shall be permitted.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-14 | Wool fillers.
Effective:
November 5, 2021
(A) Definitions: (1) "Wool felt" means the
product obtained when one or more of the wool products defined under paragraphs
(A)(2), (A)(3), and (A)(4) of this rule have been carded in layers or sheets by
a garnett or felting machine. The term "blended wool felt" may be
used when more than one type of material, as specified in this paragraph, is
used. (2) "Wool" or "virgin
wool" means the fleece of the sheep or lamb that has been scoured or
scoured and carbonized. It shall not be the by-product of any manufacturing
process; nor shall it have sustained prior use. It shall be free from kemp and
vegetable matter. (3) Optional for those manufacturers
who want to use, and get credit for using, a finer quality of wool.
"Choice wool" or "choice virgin wool" means wool or virgin
wool, as defined in paragraph (A)(2) of this rule, that is "one-fourth
blood" (48's) or finer in grade, according to the United States
standards for grades of wool, and shall be natural or bleached white in color.
The fibers shall be reasonably uniform in length, which means that the fibers
contin no admixture of short wool fibers. The term "choice wool" or
"choice virgin wool" may not be used in describing component parts of
wool blends or mixtures. (4) "Wool by-products"
means the by-products removed from the various machine operations necessary in
the manufacture of wool yarn up to, but not including, the process of spinning,
and shall include the following materials commonly known in wool mill terms as:
(a) "noils" and (b) "fulling flocks." Either the blanket
term "wool-by-products" or the individual terms "wool
noils," etc., may be used on the label. (5) "Wool waste" means all
other by-products and waste from any manufacturing process employing only new
wool fibers and includes wool pills and shank and tag wools. (6) "Tanner's wool"
means wool reclaimed from tanned sheepskin. (B) Labeling: (1) Wool blends or mixtures: When two
or more of the materials listed under paragraph (A) of this rule are used in a
product, they shall be described on the label as required under paragraph (A)
of this rule in order of their predominance. (2) Tolerance: Material that contains
not less than ninety-five per cent wool shall be considered wool.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-15 | Foam and rubber fillers.
Effective:
November 5, 2021
(A) Definitions: The following terms shall be used with the
appropriate foam or sponge products when applicable: (1) "Shredded": This term
shall be used when any foam product has been shredded. (2) "Cemented": This term
shall be used when any foam product has been cemented together. (3) "Molded": This term
shall be used when a foam product has been molded in the form intended for
use. (4) "Pieces": This term
shall be used to describe pieces of unshredded foam waste that result from
production or trimmings from cutting sheets or shapes. (5) "Imperfect": This term
shall be used when any foam product shows major manufacturing imperfections and
is sold as other than first quality material. (B) "Rubber" means natural
rubber as well as any of the following synthetic rubber-like materials:
chloroprene, styrene-butadiene copolymers, butadiene-acrylonitrile copolymers,
polymerized isobutylene, with or without comonomers present, and thioplasts
(any of the polysulfide rubber consisting of organic radicals linked through
sulfur). (C) "Rubber fiber" means a
fiber composed of natural or synthetic rubber. (D) "Foam rubber" means the
foam-like product made from white liquid rubber latex, either natural or
synthetic, that has not undergone previous use or processing. (E) "Sponge rubber" means
crude rubber expanded into a cellular state. (F) "Synthetic foam" means
the foam made from the polymerization product of certain organic chemicals. It
includes the following chemical types: (1) "Urethane foam" means a
foam made from polymerized reaction product whose basic ingredient is a
diisocyanate, and whose molecular structure contains, as a predominating
structural unit, the urethane linkage. It shall include both polyether and
polyester type foams. (2) "Polystyrene foam"
means a foam made from a polymerization product of styrene
monomers. (3) "Vinyl foam" means a
foam made from homopolymers or copolymers of vinyl chloride. (4) Either the blanket term
"synthetic foam" or the individual terms, such as "urethane
foam," may be used for these materials. The term "rubber" may
not be used in conjunction with these materials. (5) "Polyurethane foam"
means a permissible synonymous term for urethane foam. (6) "Polyethylene foam"
means a polyester resin made from ethylene glycol and terephthalic
acid.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-16 | Synthetic fiber fillers.
Effective:
November 5, 2021
Definitions: (A) "Synthetic fibers"
means long chain synthetic polymers and/or copolymers joined either chemically
or physically to form a filament or fiber. A disclosure of polymers and/or
copolymers contained therein shall be made in the descending order of their
percentage by weight in the fiber, e.g., "Polystyrene Fibers,"
"Vinyl-Acrylic Fibers," etc.; or the fibers may be designated as
"Synthetic Fibers." This applies to all synthetic fibers defined in
this rule. The trade name of these fibers may be shown at the bottom of the
label in the space for additional information. (B) "Acrylic fiber" means
the fiber formed from any long chain synthetic polymer containing not less than
eighty-five per cent acrylonitrile. (C) "Azlon fiber" means
fiber formed from regenerated naturally occurring proteins. (D) "Modacrylic fiber"
means the fiber formed from any longchain synthetic polymer containing less
than eighty-five per cent acrylonitrile units. (E) "Nylon fiber" means the
fiber formed from any longchain synthetic polymersamide which has recurring
amide groups as an integral part of the main polymer chain. (F) "Fiber nytril fiber"
means the fiber formed from a synthetic polymer of at least eighty-five per
cent vinylidene dinitrile content is no less than every other unit in the
polymer chain. (G) "Olefin fiber" means
the fiber formed from any synthetic polymer composed of at least eighty-five
per cent ethylene, propylene, or other olefin units. (H) "Polyethylene fiber"
means the fiber formed from polymers and/or copolymers of
ethylene. (I) "Polyester fiber
polyester" means the fiber formed from a polymerized reaction product of
esters and containing not less than eighty-five per cent of a dihydric alcohol
and terephthalic acid. (J) "Polyether fiber" means
the fiber formed from a polymerized reaction product of ethers. (K) "Polystyrene fiber"
means the fiber formed from the polymerization product of styrene
monomers. (L) "Polyvinylidrene fiber"
means the fiber formed from copolymers of vinylidrene chloride and other
monomers. (M) "Saran fiber" means the
fiber formed from any longchain, synthetic polymer containing not less than
eighty per cent of vinylidene chloride units. (N) "Spandex fiber" means
the fiber formed from any longchain synthetic polymer containing at least
eighty-five of a segmented polyurethane. (O) "Vinyl fiber" means the
fiber formed from any longchain synthetic polymer composed of at least fifty
per cent vinyl alcohol units, and in which the total of the vinyl alcohol
units, and any one or more of the various acetal units is at least eighty-five
per cent of the fiber. (P) "Vinyon fiber" means
the fiber formed from any synthetic polymer containing at least eighty-five per
cent of the vinyl chloride units.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-17 | Miscellaneous fillers.
Effective:
November 5, 2021
(A) Definitions: (1) "Acetate
fiber" means the fiber formed from cellulose acetate. (2) "Beans"
means the seeds of various leguminous plants. (3) "Buckwheat
hulls" means the outer seed pods of the buckwheat plants. (4) "Cat-tail plant
fiber" means fibers from the cat-tail plant. (5) "Cellophane" means a thin, transparent sheeting of
regenerated cellulose. (6) "Cellulose
fiber" means fiber from wood or other vegetable growth to a cellulose
state and containing not more than four per cent lignin and twelve per cent
pentosans. (7) "Coconut husk
fiber" or "coir" means the fibrous material obtained from the
husk or the outer shell of the coconut. (8) "Corn husk"
means the leafy covering obtained from ears of corn. (9) "Corrugated
fiber board" means the combination of three sections of stiff compact
pasteboard whereby one section has been formed into folds and is enclosed
between the other two sections. (10) "Dry polymer
gel" means a two-phase colloidal polymer consisting of a foamable
powder. (11) "Excelsior" means shredded, thread-like wood
fibers. It shall not include waste products, such as shavings, sawdust, or
similar waste. (12) "Fiber
sheet" means any natural or synthetic substance composed of thread-like
materials interwoven, pressed, or molded into a thin sheet-like
form. (13) "Flax tow"
means the coarse, broken, and refuse parts of flax separated from the fine,
fibrous parts in preparing the fibers for spinning. (14) "Fur"
means the fine soft underfur removed from the tanned or untanned pelts of
mammals of the class of furbearers. The name of the animal may be stated and,
when so indicated on the label, it must be a true statement. (15) "Gel"
means a two-phase colloidal system consisting of a solid and a liquid in a more
solid form than a solution. (16) "Glass
fiber" means the fiber obtained when glass is spun into thin filaments
from a liquid state. (17) "Hay"
means any grass properly dried or cured and free from dust, burrs, sticks, or
other foreign material. (18) "Iron
filings" means small particles of metal produced by the filing or grinding
of iron. (19) "Isotropic
ferrite" or "magnet" means any piece of ferromagnetic material
that has magnetic properties. (20) "Jute
fiber" means the best fiber derived from any species of the corchorus
plant. (21) "Jute tow"
means the broken or refuse parts of jute separated from the fine, fibrous parts
in preparing the fibers for spinning. (22) "Jute
waste" means the by-product of any machine through which jute fiber passes
in spinning into yarn or cordage, but prior to the process of
spinning. (23) "Kapok"
means the mass of fibers investing the seed of the kapok tree (Ceiba
pentandra). Any additional term descriptive of the geographical origin or of
the quality of such fibers shall be a true statement when set forth on the
label. (24) "Marabou
fibers" means barbs of turkey feathers stripped from quills and separated
into individual or disconnected barbs. (25) "Metallic
fiber" means a fiber composed of metal, plastic-coated metal, metal-coated
plastic, or a core completely covered by metal. (26) "Metallic
foil" means a thin metal sheet usually less than 0.15 millimeters
thick. (27) "Milkweed
fiber" means the surface fiber from inside of the seed pods of milkweed
plants (Asclepias). (28) "Moss"
means the vegetable fiber hair growth found in swamps and on
trees. (29) "Palm
fiber" means the fibrous material obtained from the leaf of the palm,
palmetto, or palmyra tree. (30) "Paper
by-products" means paper that has been used in the manufacture or
processing of other products and subsequently used in bedding and upholstered
furniture. (31) "Paper
sheets" means the sheets of paper used for separating or covering felts or
batting. If this material does not exceed ten per cent of the filling, it need
not be shown on the label. (32) "Potpourri
(scented)" means a mixture of dried flower petals, spices, and other
miscellaneous anthology used to scent an article. (33) "Rayon"
means the fiber formed from regenerated cellulose. (34) "Resin
coated" means new material, in pad form, where only the surfaces have been
coated with resin or latex. (35) "Rice (scented
or unscented)" means the grain of an annual Cyperales grass
plant. (36) "Sand"
means the loose, gritty particles of worn or disintegrated rock that can pass
through a ten mesh sieve, with a particle size of no larger than two
millimeters or 0.0787 inches in diameter. (37) "Sea
grass" means the material obtained from maritime plants or
seaweeds. (38) "Silicone
gel" means a fluid, resin, elastomer, grease, rubber, or foamable powder
that is heat-stable and water-repellant, semiorganic radical polymers attached
to the silicones. (39) "Silk
waste" means the by-products of any preparing or spinning machinery
through which the silk filaments or fibers pass. (40) "Sisal"
means the leaf fiber derived from the Agave sisalina and similar species of
agaves. (41) "Steel
fibers" means thin steel fibers similar to those found in steel wool pads.
The term "steel wool" is not permitted. (42) "Straw"
means the stalk or stem of grain, such as wheat, rye, oats, rice, and the like,
after threshing. The kind of straw may be stated, but, when indicated, must be
a true statement. It shall be free from chaff, beards, bristles, husks, glumes,
dirt, or other extraneous matter. (43) "Tampico"
means the stiff plant fiber derived from a number of Mexican plants, such as
Agave and Yucca, but principally Agave lechuguilla. (44) "Textile fiber
waste" means new material consisting of a variety of fibers that have been
reduced to a fibrous state. (45) "Textile
napper" means new material in the form of short fibers or lint removed
during the process of raising the face of a cloth. (46) "Tula"
means the leaf fiber derived from the Tula Ixtle and similar species of
agaves. (47) "Urethane foam
(high resilience)" means a cellular urethane product that is created by
the interaction of an ester or an ether and a carbamic acid derivative. It must
have a minimum density of 2.3 pounds per cubic foot, a minimum resilience of
sixty per cent, and a minimum support factor of 2.4. (48) "Viscoelastic polyurethane foam" means an
open cell urethane product that is created by the interaction of an ester or an
ester and carbamic acid derivative. It must have a minimum density of 4.0
pounds per cubic foot, a minimum resilience of sixty-five per cent, and a
minimum support fator of 2.8. (49) "Wood fiber" means fibers
reduced from wood or other vegetable growth to a cellulose state and containing
more than four per cent lignin or twelve per cent pentosans. (B) The division should be consulted for
the correct labeling of any materials not defined in this chapter.
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Rule 4101:6-1-19 | Procedure for notice of public hearing.
Effective:
November 5, 2021
Notice of adoption, amendment, or rescission of any
rule in this chapter shall be made in accordance with section 119.03 of the
Revised Code and rule 1301-1-01 of the Administrative Code.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-20 | Requirements for laboratory designation.
Effective:
December 30, 2021
(A) Laboratory designation by the
superintendent or the superintendent's designee shall require the
demonstration of efficiency in performing tests and analysis to identify
filling materials used in the manufacture of bedding and stuffed
toys. (B) Acceptable test and analysis criteria
include being accredited or certified by a professional organization or state
or federal agency engaged in accreditation or certification of bedding material
testing laboratories, substantial experience with the testing or analyzing of
bedding materials, or other testing standards as approved by the superintendent
or the superintendent's designee. (C) Persons or firms seeking to become
designated laboratories shall apply to the "Division of Industrial
Compliance, 6606 Tussing Road, P.O. Box 4009, Reynoldsburg, Ohio
43068-4005," and submit an application on the form prescribed by the
Division , a detailed summary of testing methods to be used, and third-party
certification documentation. (D) Designations of laboratories by the
superintendent are valid for two years from the date of designation by the
superintendent or the superintendent's designee. (E) Designated laboratories must reapply
for designation with the superintendent at least thirty days prior to the
expiration of their designation or at least thirty days before the laboratory
conducts tests that will be submitted to the division. (F) Designated laboratories must provide
analysis that include fiber identification as well as a determination of the
percentage of each type of fiber or material contained within the article which
shall be submitted for division review and approval upon testing completion.
The report must also identify the test method(s) used. (G) No person shall import, manufacture,
renovate, wholesale, or reupholster stuffed toys or articles of bedding, unless
the item has been tested by a laboratory that has been designated by the
superintendent or the superintendent's designee to perform such testing as
provided in this rule.
Last updated December 30, 2021 at 1:25 PM
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Rule 4101:6-1-21 | Requirements for application for sterilization approval.
Effective:
November 5, 2021
(A) No person shall sell secondhand articles of bedding or
filling materials unless such articles or materials have been sanitized or
sterilized by a method and process approved by the division of industrial
compliance in accordance with Chapter 3713. of the Revised Code and rules
promulgated thereunder. (B) Persons or firms intending to operate sterilization
plants shall either apply via electronic mail to Ohio.Bedding@com.state.oh.us
or to the "Division of Industrial Compliance, 6606 Tussing Road, P.O. Box
4009, Reynoldsburg, Ohio, 43068-4005," by submitting the application, as
well as detailed plans and specifications of equipment and method of
sterilization to be used. (C) No manufacturer, dealer, or distributor shall receive
or purchase any secondhand filling material, feathers, down, or hair for use in
the manufacture, renovation, or repair of an article of bedding or upholstered
furniture from a sterilizer who is not approved as provided in paragraph (B) of
this rule.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-22 | Materials required to be sterilized.
Effective:
November 5, 2021
(A) All secondhand bedding, secondhand
upholstered furniture, or secondhand stuffed toys, if intended for resale or
lease, shall be sanitized or sterilized in accordance with Chapter 3713. of the
Revised Code and rules promulgated thereunder. (B) No person shall use the following
material to make any article of bedding, upholstered furniture, or stuffed toy
for sale unless such material has been thoroughly sterilized by a process
approved by the division: (1) Material that comes
from an animal or fowl; or (2) Any secondhand filling
material. (C) Secondhand upholstered furniture,
bedding, or stuffed toys, or secondhand filling materials or other component
parts to be used, or which can be used in upholstered furniture or bedding,
received from outside of this state shall comply with all sterilization
provisions of sections 3713.01 to 3713.10 of the Revised Code before it is
sold. (D) No person shall use the following to make any article
of bedding, upholstered furniture, or stuffed toy for sale: (1) Material that contains any bugs, vermin, insects, or
filth; or (2) Material that contains burlap or other material that
has been used for bailing. (E) Material that was once unsanitary may only be used to
make any article of bedding, upholstered furniture, or stuffed toy, for sale
after the material has been thoroughly sanitized or sterilized by a process
approved by the division.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-23 | Storage of sterilized bedding and upholstered furniture.
Effective:
November 5, 2021
(A) Mattresses shall be stored at
least one foot from the floor in a dry room, preferably above ground, and so
spaced to allow four inches of free air circulation on all sides. (B) The storage area for sterilized
or sanitized items shall be clean and free from trash, vermin, insects, filth
or any hazardous waste. (C) New, sterilized, or sanitized
articles of upholstered furniture, bedding, stuffed toys, or filling materials
shall be at all times kept separate from any secondhand articles or materials
that are unsanitized or unsterilized.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-24 | Definitions and methods of sterilization processes required.
Effective:
November 5, 2021
(A) Sterilization methods include the
following: (1) "Dry heat
method" requires subjecting items of bedding, upholstered furniture, or
stuffed toys in an approved chamber to a maintained temperature of two hundred
thirty degrees Fahrenheit for a minimum period of two hours after the required
temperature has been attained. Heat may be obtained from steam, electricity, or
gas. Use of gas shall require an indirect heating system to eliminate the
possibility of igniting materials being sterilized. Space for free circulation
between and around articles of bedding shall not be less than four
inches. (2) "Steam method" requires
subjecting items of bedding, upholstered furniture, or stuffed toys in an
approved chamber with direct steam for thirty minutes at a pressure of fifteen
pounds per square inch and temperature of two hundred fifty degrees Fahrenheit
or for twenty minutes at a pressure of twenty pounds per square inch and
temperature of two hundred sixty degrees Fahrenheit. An approved steam tight
chamber shall be sufficiently strong to withstand such pressure being used and
equipped with accurate visible pressure and temperature gauges as well as
necessary safety devices. The chamber shall provide for free circulation with a
minimum clearance of one inch from the tops, bottoms and sides of articles
being sterilized. (3) "Carbon dioxide method"
requires subjecting items of bedding, upholstered furniture, or stuffed toys in
an approved chamber with a mixture of nine parts carbon dioxide and one part
ethylene gas, a minimum of one and sixty-five hundredths pounds of commercially
prepared carbon dioxide for each one hundred cubic feet of chamber volume, for
twenty-four hours at a temperature of seventy degrees Fahrenheit or for six
hours at a temperature of one hundred degrees Fahrenheit. The chamber shall be
completely gas-tight with approved equipment for circulating gas during the
exposure period and exhausting gas after sterilization. Exhaust fan(s) shall
have an exhaust duct with sealed joints to the outside that discharge above the
roof of the building and shall not be located nearer than one hundred feet of
any residence. Exhaust and air inlet valves of positive locking type shall be
provided. Space for free circulation of gas between and around articles of
bedding undergoing sterilization shall be at least one inch. (B) Sanitization method includes the
following: "Spray process" requires a separate
room, well ventilated to the outside, either naturally or mechanically, which
shall be provided and isolated from other parts of the establishment. Only
substances approved by the division of industrial compliance may be used in the
spray sanitization method. The material or article shall be thoroughly sprayed
over all surfaces and in all crevices and corners, including the frame of
articles being renovated. Any hand- or power-operated spraying device may be
used to apply a germicidal solution with insecticide additive. Such solution
shall contain non-toxic and non-flammable crystals that can be detected with an
ultra-violet lamp. Application shall be in accordance with the
manufacturer's specifications. Such disinfected articles shall not be
removed from said isolated room prior to a thirty-minute interval after the
treatment. The spraying operator is required to use a type of mask approved to
prevent the inhalation of chemicals, eye protectors, and gloves impervious to
the spray. (C) Sterilization or sanitization may be performed by other
methods that are proven to be proficient to thoroughly sterilize or sanitize,
and disinfect, bedding products, upholstered furniture, stuffed toys, and
materials, provided such process and equipment has been approved by the
superintendent and the section of bedding of the division of industrial
compliance. (D) All treatment devices listed in paragraph (A) of this
rule shall be equipped with a thermostat that can be clearly seen from outside
of the chamber and a recording thermometer to automatically record the
temperature and time for each sterilization or disinfection period. The
recording thermometer number shall be initialed by the operator, filed in
numerical order, and kept for six months for examination at any time by agents
of the section of bedding.
Last updated November 5, 2021 at 12:53 AM
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Rule 4101:6-1-25 | Enforcement.
Effective:
November 5, 2021
(A) The department of commerce shall
review plans and cause an inspection to be made and if it is determined that
the sterilization will comply with the regulations of the division, pursuant to
Chapter 3713. of the Revised Code, the installation of a sterilizer shall be
approved. (B) The division shall make inspections
from time to time to determine whether the sterilizer is fully complying with
all of the provisions of rules 4101:6-1-21 to 4101:6-1-25 of the Administrative
Code. (C) Accurate records accessible to agents
of the division shall be kept by the operator of the treatment device for six
months after the treatment date of sterilization, including lot number, length
of time treated, name and address of person for whom treated, and the source of
process material. (D) If the superintendent or the
superintendent's designee finds that any article of bedding or filling
material has been used by or about any person having an infectious or
contagious disease, he or she shall tag such article of bedding or material
with a tag bearing the word "unclean" in conspicuous letters. Such
tag shall not be removed except upon direction of the
superintendent. (E) The department of commerce, through
its officers and employees, is hereby empowered to take samples of materials
under the authority of section 3713.03 of the Revised Code and to hold for
evidence at trial for the violations of section 3713.09 of the Revised Code any
articles or materials manufactured or offered for sale or lease in violation of
section 3713.09 of the Revised Code. The superintendent may order off-sale and
may so tag any article of bedding that is not tagged as herein required, or to
which is affixed any label or labeling, if there appears thereon any misleading
term, designation, or pictorial device that is false or might tend to mislead
the public as to the material content, composition, or construction of an
article of bedding or which is deceptive in any other material respect. No
article or materials placed off-sale or seized by the superintendent shall be
sold; nor shall the contents thereof be altered, interfered with, or removed in
whole or in part. Nor shall the articles or contents thereof be removed from
the premises where placed off-sale or seized until such articles or materials
are released by the superintendent.
Last updated November 5, 2021 at 12:53 AM
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