(a) (1) All bedding manufactured, renovated, sanitized, or sold by a seller within the state shall bear a clear and conspicuous label that explicitly states whether the bedding is made from all new materials or is made in whole or in part from secondhand materials.
(2) The label on bedding made from all new materials shall be white in color and shall state, "ALL NEW MATERIAL".
(3) The label on bedding made in whole or in part from secondhand materials shall be yellow in color and shall state, "SECONDHAND MATERIAL".
(4) The labels shall also comply with rules adopted by the Department of Health regarding label dimension, format, informational content, wording, letter size, material, means of placement and affixing to the bedding, and other relevant factors.
(5) Labels required by this section shall be permanently affixed.
(b) A person shall not remove, deface, or alter in whole or in part a label or any statement on a label with the intent to defeat the provisions of this section.
(c) A person shall not make a false or misleading statement on any label required under this section.
(d) The Director of the Department of Health shall approve the form and size of labels, the fabric of which the labels are made, and the wording and statements on labels provided for under this section.
(e) Labels required under this section shall be securely attached to the article of bedding or filling material at the site of the manufacturer in a conspicuous place where the label can be easily examined.
(f) Labels required by this section shall have printing only on one (1) side.
(g) Advertising matter shall not be placed on any label or any other printed matter not required by the provisions of this section.
(h) The following statements and headings shall be shown on labels:
(1) "UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER" shall appear at the top of the label;
(2) Headings shall read "All New Material" when the bedding material is wholly new material;
(3) "Secondhand Material" when the bedding material in whole or in part is composed of secondhand material;
(4) Description of filling material as provided in the applicable regulations shall be included on the label;
(5) The registry number assigned or approved by the department shall be included on the label;
(6) Certification by the manufacturer that the materials in this article are described in accordance with law shall be included on the label; and
(7) For renovated articles, the name and address of the owner.
Section: 20-27-2702 20-27-2703 20-27-2704 20-27-2705 NextLast modified: November 15, 2016