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