Chapter 4101:6-1 General Provisions

4101:6-1-02 Definitions.

As used in the rules and regulations of the section of bedding and upholstered furniture inspection, 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 which 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 bed davenport, 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 and which 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, which 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 which 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 which is not "new".

(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 which 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 which 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" shall, in the corresponding tense, mean 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.

Eff 3-1-76; 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: 08/1/98, 9/7/03

4101:6-1-03 License requirements.

(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 which 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 license which the superintendent shall issue.

(B) Each such license application shall be accompanied by an annual license privilege fee of fifty dollars, payable in one amount prior to the annual issuance. Except the following classes of licensees shall pay a licensure fee as delineated below and shall be excluded from the semi-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 license will not be issued for a period of less than one year, and no refunds will be made for unused portions thereof. Licenses are not transferable. Each license shall expire one year from the date of issuance and is renewable annually unless revoked.

(1) Each licensee, with the exception of wholesalers having a business establishment in the state of Ohio, shall make a report to the director every six 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 licensee, 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 one-four cents for each article of bedding or stuffed stoy 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 affidavit. Whenever any licensee fails to make such report and payment, or whenever it is advisable at the discretion of the superintendent, the superintendent or the superintendent agents shall examine the books and records of the licensee for the purpose of determining the correct amount due from such licensee. In case of default in the payment of the amount so found to be due or in default of the payment of the reasonable expenses incurred in making such examination, the license shall be forfeited.

(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 license privilege 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 license privilege 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 the rules of the department adopted thereafter.

(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 license privilege fee and/or semi-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 license privilege 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 the rules of the department adopted thereunder.

Eff 11-29-76; 7-15-77; 10-1-78; 12-28-79; 5-14-82; 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

4101:6-1-04 General requirements.

(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 such information as shall be prescribed by the superintendent. Such tag or label shall contain 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, 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 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 license number assigned to the registrant by this state, which shall be the registered license number of the manufacturer, wholesaler, or importer in any other state in which the registrant is registered;

(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 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 own use and except as herein otherwise provided, shall remove, alter, or deface the tag or label nor shall be 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.

Eff 11-29-76; 5-14-82; 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

4101:6-1-05 Label requirements for articles of bedding, upholstered furniture, and stuffed toys, manufactured of all new material.

(A) Bedding and upholstered furniture:

(1) Material: shall be of white vellum cloth, or a cloth or tyvek of comparable quality which 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 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 name and address of the manufacturer, maker, distributor, or vendor of the article.

(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 there to 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 registered license 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 amterials used in the stuffed toy.

APPENDIX A

ILLUSTRATION I

For Appendix A - To obtain the appendix, table, image, etc. please call LSC's ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

Eff 11-29-76; 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

4101:6-1-06 Label requirements for articles of bedding and upholstered furniture manufactured of secondhand material.

(A) Material: shall be of white vellum cloth or a cloth or tyvek of comparable quality which 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 name and address of the manufacturer, maker, distributor, or vendor of the article.

(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 which has been a part of an article so used.

APPENDIX A

ILLUSTRATION II

For Appendix A - To obtain the appendix, table, image, etc. please call LSC's ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

Eff 5-10-68; 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, 9/07/03

4101:6-1-07 Label requirements for renovators.

(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 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 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.

APPENDIX

For Appendix - To obtain the appendix, table, image, etc. please call LSC's ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

Eff 11-29-76; 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

4101:6-1-08 Label requirements for the sale of secondhand articles of bedding and upholstered furniture.

(A) Material: Suitable cloth or heavy paper such as is generally used for tags.

(B) Size: Not less than four by eight inches.

(C) Color of material: Red 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 attaches 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 sterilization. In addition to the above information, all tags placed on secondhand bedding must contain the vendor's registration number.

APPENDIX

ILLUSTRATION VII

___________________________

Space to attach

___________________________

UNDER PENALTY OF LAW

THIS TAG NOT TO BE REMOVED

EXCEPT BY CONSUMER

___________________________

ALL

SECONDHAND MATERIAL

CONTENTS UNKNOWN

STERILIZED OR DISINFECTED

___________________________

Registration Number _______________

Permit Number ___________________

___________________________

Certification is made by the Seller that the materials in this article are described in accordance with Ohio law.

___________________________

SOLD BY

Date Sterilized

____________________

___________________________

Space to attach

___________________________

For regulations governing cloth, size, printing, etc., for this tag, see Section 4101.6 -1-08.

Eff 11-29-76; 10-1-78; 9-7-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 3713.04
Rule amplifies: RC 3713.09 , 3713.051
119.032 rule review date: 8/1/98, 9/7/03

4101:6-1-09 Filling description.

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 meaning 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 which 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) "Shedded 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 which has been reduced to a fibrous state.

(O) "Nonwoven fiber sheet" means new material consisting of a variety of fibers which has been pressed or molded into a thin sheet -- like form.

(P) "Gravel" means a loose mixture of peddles and rock fragments courser 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, which 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 of 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 seed of the soy plant.

(Z) "Turnip seeds" means the seeds of the turnip plant.

Eff 3-1-76; 1-2-78; 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

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.

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

4101:6-1-11 Cotton fillers.

(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, has 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 law 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 mil 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."

Eff 5-10-68; 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

4101:6-1-12 Down and feather fillers.

(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 cenet 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 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 which 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 which 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 which have been chopped or cut into pieces by a chopping machine.

(11) "Broken feathers" means feathers which 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 on 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.

Eff 5-10-68; 11-1-78; 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

4101:6-1-13 Hair fillers.

(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, or 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 which has been curled. The appropriate designation shall appear on the label, preceded by the word "Curled."

(4) "Uncurled" means hair which 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 which 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" or " Resin Treated Hair" means hair which 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 which 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 percent 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 percent 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.

Eff 5-10-68; 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

4101:6-1-14 Wool fillers.

(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 has been carded in layers or sheets by a garnett or felting machine. The term blended wool felt" may be used when the one type of material, as specified in this paragraph, is used.

(2) "wool" and/or "virgin wool" means the fleece of the sheep or lamb, which 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" and/or "choice virgin wool" means wool and/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, viz., they shall contain no admixture of short wool fibers. The term "choice wool" and/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 law 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) "Tanners 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 which contain not less than ninety-five per cent wool shall be considered wool.

Eff 5-10-68; 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

4101:6-1-15 Foam and rubber fillers.

(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 from production or trimmings from cutting sheets or shapes.

(5) "Imperfect": This term shall be used when any foam products 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, as defined above, which 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 "Urethane foam," etc., 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 terephtholic acid.

Eff 3-1-76; 9-7-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 3713.04
119.032 rule review date: 8/1/98, 9/7/03

4101:6-1-16 Synthetic fiber fillers.

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.

Eff 5-10-68; 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

4101:6-1-17 Miscellaneous fillers.

(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 pod 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 legnin 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 polmer gel" means a two-phase colloidal polymer consisting of a foambale 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 pelt 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 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) "Mettallic 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 which 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 which 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 polymers radicals 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 leaf fiber derived from the Tampico istle (1xtle de 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 istle and similar species of agaves.

(47) "Urethane foam (high resilience)" means a cellular urethane product which 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 ratio of 2.4.

(48) "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.

Eff 5-10-68; 11-1-78; 4-15-79; 12-28-79; 5-14-82; 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: 08/1/98, 9/7/03

4101:6-1-18 Information for retailers of bedding, upholstered furniture and stuffed toys.

(A) It is the responsibility of the retailer to make certain that any article of bedding, upholstered furniture, or stuffed toys which he offers for sale in the state of Ohio regardless of where manufactured, is properly labeled, is licensed and is in compliance with all provisions of the law. Retailers are subject to the penalties outlined in rule 4101:6-1-18 of the Administrative Code when any article of bedding or upholstered furniture in violation of the law is possessed for sale or sold by them.

(B) Requirements for bedding, upholstered furniture, and stuffed toys manufactured from the various classes of material are clearly outlined elsewhere as follows:

Administrative Code

General Requirements 4101:6-1-04

Articles Made of New Material 4101:6-1-05

Articles Made of Secondhand Material 4101:6-1-06

Sale of Secondhand Articles of Bedding and Upholstered Furniture 4101:6-1-08

(C) Each manufacturer or wholesaler of bedding, upholstered furniture, or stuffed toy now must obtain a license with the state of Ohio. The names of manufacturers and wholesalers who are licensed in the state of Ohio may be secured by contacting the section of bedding and upholstered furniture inspection.

(D) Inasmuch as the ultimate intent and purpose of the laws are to protect the health and promote the general welfare of the citizens of Ohio, the cooperation of retailers will be of immeasurable help in accomplishing this end.

Eff 11-29-76; 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

4101:6-1-19 Procedure for notice of public hearing.

(A) Prior to the adoption, amendment or rescission of any rule, the director of commerce shall give public notice thereof, as provided in section 119.03 of the Revised Code, at least thirty days prior to the date set for the public hearing. Notice shall be given by advertising one time only in a newspaper of general circulation in the state of Ohio. This notice shall include:

(1) A statement of the director's intention to consider adoption, amendment or rescission of a rule;

(2) The date, time, and place of the public hearing on the proposed action;

(3) A synopsis of the proposed rule, amendment or rescission, or a general statement of the subject matter to which the proposed, rule amendment or rescission relates; and

(4) A statement of the reason or purpose for adopting, amending or rescinding the rule.

(B) The director shall furnish the public notice required under section 119.03 of the Revised Code and as required in paragraph (A) of this rule to any person who requests a copy of such notice and who pays a reasonable fee, not to exceed the cost of copying and mailing.

(C) The director shall be authorized to give additional notice of such public hearings as the director deems necessary; however, the giving of such additional notice shall not be mandatory, and the failure to give notice by any way other than as specified in paragraph (A) of this rule shall not in any way invalidate any action which may be taken by the director.

Eff 5-10-68; 5-14-82; 6-17-96
Rule promulgated under: RC 119.03
Rule authorized by: RC 3713.04
Rule amplifies: RC 3713.04
119.032 Review Date: 8-3-03

4101:6-1-21 Requirements for application for sterilization approval.

No person shall sell secondhand articles of bedding or filling materials that are unsanitary unless sterilized by method and process approved by the division of industrial compliance as prescribed under rule 4101:6-1-23 of the Administrative Code.

(A) Persons or firms intending to operate sterilization plants shall apply to the "Division of Industrial Compliance, 6606 Tussing Road, P.O. Box 4009, Reynoldsburg, Ohio 43068-4005," and submit in duplicate, application, detailed plans and specifications of equipment and method.

(B) 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 (A) of rule 4101:6-1-21 of the Administrative Code.

Eff 10-1-78; 9-7-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 3713.04
Rule amplifies: RC 3713.09 , 3713.051
119.032 rule review date: 8/1/98, 9/7/03

4101:6-1-22 Materials required to be sterilized.

(A) All secondhand bedding, upholstered furniture, or secondhand stuffed toy, if intended for resale or lease, shall be sterilized as required by sections 3713.01 to 3713.11 of the Revised Code.

(B) No person shall use any material to make any article of bedding, upholstered furniture, or stuffed toy for sale that is made from material:

(1) That comes from an animal or fowl,

(2) That contains any bugs, vermin, insects or filth,

(3) That is unsanitary,

(4) That contains burlap or other material which has been used for bailing, or

(5) Any secondhand filling material, unless such material has been thoroughly sterilized by a process approved by the division.

(C) Secondhand upholstered furniture, bedding, or stuffed toys, or secondhand filling materials or other components parts to be used, or which can be used in upholstered furniture of bedding, received from outside of this state shall comply with all sterilization provisions of sections 3713.01 to 3713.11 of the Revised Code before it is sold.

Eff 10-1-78; 9-7-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 3713.04
Rule amplifies: RC 3713.09 , 3713.051
119.032 rule review date: 8/1/98, 9/7/03

4101:6-1-23 Storage of sterilized bedding and upholstered furniture.

(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 items shall be clean and free from trash, vermin, insects, filth or any hazardous waste.

(C) New or sterilized 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 unsterilized.

Eff 10-1-78; 9-7-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 3713.04
Rule amplifies: RC 3713.09 , 3713.051
119.032 rule review date: 8/1/98, 9/7/03

4101:6-1-24 Definitions and methods of sterilization processes required.

(A) "Dry heat method" requires subjection of 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 required temperature has been attained. Heat may be obtained from steam, electricity, or gas. Use of gas shall require indirect heating system to eliminate possibility of igniting materials being sterilized. Space for free circulation between and around articles of bedding shall not be less than four inches.

(B) "Steam method" requires subjection of items of bedding, upholstered furniture, or stuffed toys in an approved chamber with direct steam for thirty minutes at pressure of fifteen pounds per square inch and temperature of two hundred fifty degrees Fahrenheit or for twenty minutes at pressure of twenty pounds and temperature of two hundred sixty degrees Fahrenheit. A steam tight approved chamber shall be sufficiently strong to withstand pressure and equipped with accurate visible pressure and temperature gauges and necessary safety devices. Chamber shall provide for free circulation with minimum clearance of one inch from top, bottom and sides of articles sterilized.

(C) "Carbon dioxide method" requires subjection of items of bedding, upholstered furniture, or stuffed toys in an approved chamber with mixture of carbon dioxide nine parts and ethylene gas one part, 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 temperature of seventy degrees Fahrenheit for six hours at temperature of one hundred degrees Fahrenheit. Chamber shall be completely gas tight with approved equipment for circulating gas during exposure period and exhausting gas after sterilization. Exhaust fan shall have exhaust duct with sealed joints to outside discharging above roof of 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.

(D) "Spray process" requires a separate room, well ventilated to the outside, either naturally or mechanically, 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 sterilization 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 which 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 the said isolated room prior to a thirty minute interval after the treatment. The spraying operator is required to use an approved type mask to prevent the inhalation of chemicals, eye protectors and gloves impervious to the spray.

(E) Sterilization may be performed by other methods which are proven to be proficient to thoroughly sterilize 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.

(F) All treatment devices listed in paragraphs (A), (B), (C), and (D) of this rule shall be equipped with thermostat that can be clearly seen from outside of chamber and recording thermometer to automatically record temperature and time for each sterilization or disinfection period. Recording thermometer number shall be initialed by operator and filed in numerical order and kept for six months for examination at any time by agents of the section of bedding.

Eff 10-1-78; 5-14-82; 9-7-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 3713.04
Rule amplifies: RC 3713.09 , 3713.051
119.032 rule review date: 8/1/98, 9/7/03

4101:6-1-25 Enforcement.

(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 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 in bound ledger by operator of treatment device for six months after treatment date of sterilization of disinfection, lot number, length of time treated, name and address of person for whom treated and/or source of process material.

(D) If the superintendent of industrial compliance shall find any article of bedding or filling material which has been used by or about any person having an infectious or contagious disease he 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 which 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 which 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.

Eff 10-1-78; 9-7-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 3713.04
Rule amplifies: RC 3713.09 , 3713.051
119.032 rule review date: 8/1/98, 9/7/03

4101:6-1-26 Laboratory fees to be charged for tests and analyses. [Rescinded].

Rescinded eff 4-30-06