Indiana Administrative Code › Title 410 - INDIANA DEPARTMENT OF HEALTH › Article 13 - SANITARY BEDDING › Rule 1 - General Provisions; Dimensions; Labeling; Sterilization › Section 1-5 - Labeling requirements; definitions

Current through July 10, 2024
Authority: IC 16-19-3-5; IC 16-41-32-14
Affected: IC 16-41-32
Sec. 5.
Labeling.
(A) Every
				new or secondhand article of bedding processed for sale shall be properly
				labeled in accordance with I.C. 16-9-4
[IC 16-9 was repealed by P.L.
				2-1993, SECTION 209, effective April 30, 1993.]
, as formerly found in
				Chap. 148, Acts of 1949 as amended by Chap. 30, Acts of 1951 and Chap. 157,
				Acts of 1963 and these regulations
[ 410 IAC 13-1 ]
. The
				required secondhand label shall be attached when the article of bedding
				contains secondhand material in whole or in part, including innerspring unit.
				Each manufacturer, renovator, sterilizer, and disinfector shall furnish his own
				labels.
(B) The wording on the
				required label describing the filling materials shall be stamped or printed in
				bold-face type not less than 1/8 inch in height and shall employ only the terms
				which follow after (J) Basic Definitions
[subsection (J) of this
				section]
of this Regulation.
(B1) The kinds and percentages of various
				filling materials shall be shown on the label. Percentages shall be computed on
				the basis of weight. Any deviation from percentages stated shall not exceed ten
				percent (10%) of the smaller component except as otherwise provided in these
				regulations
[ 410 IAC 13-1 ]
. When the filling material
				consists of one kind only, the percentage need not be stated.
(C) No trade, superfluous or substitute terms
				shall be used on the required label except as authorized in Regulation Q
[subsection Q of this section]
.
(C1) Trade marks, insignia or advertisements
				may be placed on another label and attached to the article of bedding in such
				manner that it will not interfere with the required label nor contradict any
				statement thereon.
(D) The terms
				"All", "Pure", "100%", or similar terms shall be used only with the
				understanding that no tolerance whatever is allowed when such terms are used
				and that the slightest departure from the indicated quality makes the label
				misleading and therefore unlawful.
(E) Labels shall be of good grade vellum
				cloth or cloth of comparable quality or better which will not flake out when
				abraded. Paper or paperfaced labels shall not be used.
(F) Labels shall not be less than six (6)
				square inches in size, exclusive of the portion required to affix the label to
				article. Labels may be greater in size as the need demands.
(G) Labels shall be securely attached to
				articles of bedding so that they may be conveniently examined, and the
				information thereon is visible. Where possible, they shall be securely sewed,
				but in instances where sewing is not practicable, application can be made to
				the Board in writing for authorization to otherwise secure.
(H) Every dual purpose article of bedding
				having one or more cushions requires but one label when the cushions are a
				necessary part of that article. This label shall contain a statement of the
				filling materials used in the article as well as that used in the cushions.
				Where extra cushions are provided that are not an integral part of the article
				each cushion shall be labeled separately.
(H1) Dual purpose articles of bedding such as
				bed-davenports, studio couches, hide-a-beds, etc., having loose cushions shall
				have the labels attached under a cushion on top and near the center of the
				front edge of the platform.
(I) No
				person other than a purchaser for his own use, shall remove from any article of
				bedding or alter or deface the required label except as herein otherwise
				provided.
(J) BASIC DEFINITIONS. It
				is the purpose of the following definitions to provide names, terms and
				nomenclature as are commonly used, and are recognized in the manufacture, sale
				and distribution of bedding products. The following definitions are also
				intended to have understandable meaning to the ultimate consumer.
(K) COTTON.
(K1) Cotton, Virgin Cotton or Staple Cotton:
				Any of these terms shall mean the staple fibrous growth as removed from
				cottonseed in the usual process of ginning (first cut from seed), containing no
				foreign material. The presence of the usual amount of leaves, hull, etc., shall
				not be considered foreign matter.
(K2) Cotton By-Products: This term shall mean
				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.
(K3) Cotton Linters: This term shall mean the
				fibrous growth removed from cottonseed subsequent to the usual process of
				ginning and shall be so designated on the label.
(K4) Cotton Waste: This term shall be used
				when any "card", "stripes" or "stripping", "comber", "fly", "noils", "picker",
				or "motes" contain more than 7 percent hull, leaf, stem or other foreign
				material. When hull, leaf, stem or other foreign material exceed 10 percent,
				such material shall be designated as "trash".
(K5) Garnetted Clippings: This term shall
				mean any new material which has been spun into yarn, knit or woven into fabric
				and subsequently reduced by a garnetting process into a fibrous
				state.
(K6) Shredded Clippings:
				This term shall mean any new material which has been spun into yarn, knit or
				woven into fabric and subsequently reduced to a fibrous state.
(K7) Shoddy: This term shall mean any
				garnetted or shredded clippings made of new material containing more than 5
				percent of any foreign material.
(K8) Blends or Mixtures: Unfelted blends or
				mixtures of staple cotton, cotton linters, or cotton by-products shall be
				described as "Blended Cotton". If the blends or mixtures are felted, they shall
				be described as "Blended Cotton Felt".
(K9) Cotton Felt: This term shall be used
				only when fibers are garnetted or carded and used in layer form. It cannot be
				used when cotton batting or cotton felt scraps or clippings are stuffed or
				blown in the same manner as unfelted materials.
(K9a) Colored Cotton Felt: This term shall be
				used when all or any portion of garnetted or carded cotton fibers are colored.
				This term shall not be used to describe garnetted cotton shoddy.
(K10) Oil Percentages: When any filling
				material contains more than five percent (5%) of oil, it must be described as
				Oily.
(K11) Dirt or Foreign
				Material: When any filling material contains more than five percent (5%) of
				dirt of any other foreign material, it must be described as Dirty.
(K12) Colored: This term shall be used when
				all or any portion of the cotton fibers are colored.
(K13) Damaged Cotton Fibers: This term shall
				apply to cotton fibers which in whole or in part, has deteriorated through
				excessive exposure to the elements, faulty storage, fire, water, irradiation or
				mildew.
(L) FEATHERS AND
				DOWN.
(L1) Down: This term shall
				mean the soft undercoating of waterfowl, consisting of the light fluffy
				filaments growing from one quill point but without any quill shaft. This term
				includes all real downs and it shall not be necessary to indicate the kind of
				down used, but if indicated on the label as a particular kind of down, such as
				goose down, duck down or eider down, the material must be as stated.
(L1a) Down Fiber: This term shall mean the
				barbs of down plumes separated by any process from the quill point. Any
				individual fibers resembling down closely enough to create doubt as to whether
				they are down fiber or feather fiber may be classed as down.
(L1b) A tolerance of 10 percent by weight of
				the down content stated on the label is permissible. Articles labeled as
				containing Down must contain not less than 90 percent pure down.
(L2) Feathers or Natural Feathers: This term
				shall mean the original or natural form and means feathers which have not been
				processed in any manner other than washing, dusting, sterilizing or
				disinfecting.
(L3) Crushed
				Feathers: This term shall mean feathers which have been processed by a curling
				or crushing machine which has changed the original form of the feather without
				removing the quill. Such stock shall be designated on the label as Crushed
				followed by the name of the fowl from which it came.
(L4) Chopped Feathers: This term shall mean
				feathers which have been chopped or cut into pieces. Such stock shall be
				designated on the label as Chopped followed by the name of the fowl from which
				they came. (L5) Stripped Feathers: This term shall mean the barbs of feathers
				stripped by any process from the feather shaft, but not separated into feather
				fiber. Such designation shall include the name of the fowl from which they
				came.
(L6) Quill Feathers or Wing
				and Tail Feathers: Either of these terms shall mean the wing or tail feathers
				of any fowl.
(L7) Waterfowl
				Feathers: This term shall mean goose or duck feathers or any mixture
				thereof.
(L8) Damaged Feathers:
				This term shall mean feathers which have been broken, injured by insects, or
				depreciated from the original value in any manner; provided however, that this
				term shall not apply to crushed feathers as defined in L3. Damaged feathers in
				excess of 10 percent by weight of the total feathers shall be indicated on the
				label and the name of the feathers shall be stated.
(L9) Blends or Mixtures: Feather or down
				mixtures shall be designated by the foregoing definitions, by the name,
				character and percentage of each material used, or the entire mixture shall be
				designated by the name of the lowest grade of material used.
(L10) Color: The color of feathers or down
				need not be stated on the label, but if stated the contents shall be as
				declared.
Feathers or down from waterfowl may be designated on the
				  label as White or Gray as the case may be. Chicken or turkey feathers may be
				  designated on the label as White or Colored as the case may be.
(L11) Tolerance: A tolerance of 10
				percent by weight of the feather content stated on the label is permissible.
				Feathers of any fowl named on the label must contain not less than 90 percent
				of such feathers.
(L12)
				Cleanliness: All feather and down stocks shall be thoroughly cleaned prior to
				use by washing, dusting, sterilizing or disinfecting. Feather and down stocks
				having an oxygen number above 20 shall be deemed to be "not properly
				clean".
(L13) Secondhand Feathers
				or Down: Either of these terms means any such material which has been
				previously used for any purpose and shall be so designated on the required
				label for secondhand material with the proper classification of such feathers
				or down.
(M) HAIR.
Classifications:
Horse Tail Hair
Horse Mane Hair
Cattle Tail Hair
Cattle Hide Hair (Body Hair)
Hog Hair
Goat Hair
(M1) Hair is the coarse filamentous epidermal
				outgrowth of such mammals as horses, cattle, hogs and goats. When used in the
				manufacture of bedding or as filling material thereof, it shall be clean,
				properly cured, free from epidermis, excreta or other foreign or objectionable
				substances or odors.
(M2) Curled
				Hair: This term applies when any hair has been curled. The appropriate
				designation as to origin shall appear on the label preceded by the word
				Curled.
(M3) Uncurled Hair: This
				term applies when any hair has not passed through a curling process. The
				appropriate designation as to origin shall appear on the label preceded by the
				word Uncurled.
(M4) Rubberized
				Hair: This term shall mean any hair treated with liquid latex or synthetic
				rubber. When hair is rubberized the designation on the label shall state
				whether the rubber is Latex or Synthetic.
(M5) Rubberized Curled Hair Pieces: This term
				shall mean trimmings and pieces of rubberized curled hair of indefinite size.
The term shall be preceded by the term Latex or
				  Synthetic.
(M6) Hair Blends
				or Mixtures: When hair of two different origins is used in a blend or mixture,
				the kind and percentage by weight of each shall be stated on the
				label.
(M7) Hair and Fiber Blends
				or Mixtures: When any other filling material of whatever origin is used in a
				blend or mixture with hair, the kind and percentage by weight of each such
				material shall be designated on the label.
(M8) Hair Pad: This term shall mean hair
				which is interwoven or punched on burlap or any other woven material or
				otherwise fabricated into a pad, including the application of latex or
				synthetic rubber as a component and as a factor in the fabricating process.
				Percentages shall be based on the hair and fiber content only. No reference to
				or inclusion of the burlap or woven material backing is required on the label
				nor is the quantity or percentage of rubber when the rubber is used solely as a
				binder element.
(M9) Color: Hair
				need not be identified as to color on the label, but if it is so identified it
				shall be as represented in all respects.
(M10) Tolerance: A tolerance of 10 percent by
				weight of the percentages stated on the label shall be permitted.
(M11) Secondhand Hair: This term shall mean
				any hair which has sustained prior use and such hair shall be so designated on
				the required second-hand label with the proper classification of such hair.
(M12) Labeling Examples for Hair
Curled Hair Pad ........................
{Cattle Tail.............. 15%}
{Hog................... 85%}
100%
Curled Hair and Fiber Pad ................
{Hog....................70%}
{Sisal Fiber.............. 30%}
100%
Latex Rubberized Curled Hair Pad .........
{Horse Mane..............35%}
{ Hog................... 65%}
100%
Cattle Hide Hair Felt Pad .................
...............................
100%
(N)
				WOOL.
(N1) Wool or Virgin Wool:
				Either of these terms shall apply to the fleece of the sheep or lamb, which has
				been scoured or scoured and carbonized. It shall not be the by-product of any
				process of manufacture nor shall it have sustained prior use. It shall be free
				from kemp and vegetable matter.
(N2) Choice Wool or Choice Virgin Wool:
				(Optional for those manufacturers who want to use and get credit for using a
				finer quality of wool). Either of these terms shall apply to Wool or Virgin
				Wool as defined above that is " 1/4 blood" (48s) 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., it shall contain no admixture of short wool fibers. The term Choice Wool
				or Choice Virgin Wool shall not be used in describing the component parts of
				Wool Blends or Mixtures.
(N3) Wool
				By-Products: This term shall include noils and fulling flocks from fabrics made
				entirely of new wool fibers.
(N4)
				Wool Waste: This term shall embrace all other by-products and wastes of
				machines in any process of manufacture employing only new wool fibers and shall
				include wool pills, and shank and tag wools.
(N5) Tanners Wool: This term shall apply to
				wool reclaimed from tanned sheepskins.
(N6) Wool Shoddy: This term shall apply to
				any wool fiber which has been spun into yarn, knit or woven into fabric and
				subsequently cut up, torn up, broken up, ground up or otherwise defabricated
				and shall be designated on the label as Wool Shoddy. Wool shoddy shall not
				contain in excess of five percent (5%) of fibers other than wool.
(N7) Wool Blends or Mixtures: When two or
				more of the above materials are used in a product, they shall be described on
				the label as required above in the order of their predominance.
(N8) Wool Batt or Wool Felt: Either of these
				terms shall be used only when wool fibers alone are garnetted or carded and
				used in layer form. Neither can be used when wool batting or wool felt scraps
				or clippings are stuffed or blown in the same manner as unfelted materials.
				Either of these terms must be followed by a listing of the component material
				as required above.
(N9) Oil and
				Grease Percentages: When any wool filling material contains more than five
				percent (5%) oil, wool grease or other free fat, it shall be described as
				Oily.
(N10) Damaged Wool: This term
				shall be applied to wool, although new, which has been damaged through
				excessive exposure to the elements, faulty storage, fire, or in any other
				manner, or has begun to disintegrate.
(N11) Tolerance: Materials which contain not
				less than 95 percent wool shall be considered wool.
(N12) Secondhand Wool: This term shall apply
				to any wool which has been previously used for any purpose.
(O) MISCELLANEOUS FILLING
				MATERIALS.
(O1) Casein Fiber: This
				term shall mean the textile filament or fiber made from casein by chemical and
				mechanical processes.
(O2) Casein
				Fiber Waste: This term shall mean the by-product of any preparing or spinning
				machinery through which the casein filaments or fibers pass in any operation
				prior to the weaving or knitting process and shall include "napper" and
				"fulling flocks."
(O3) Coconut Husk
				Fiber or Coir Fiber: This term shall apply to fibers obtained from the husks or
				outer shell of the coconut.
(O4)
				Excelsior: This term shall mean shredded threadlike wood fibers but shall not
				include waste products such as shavings, sawdust or similar waste. Terms such
				as Woodwool shall not be used to describe excelsior.
(O5) Flax Tow: This term shall mean the
				coarse, broken and refuse parts of flax separated from the fine fibrous parts
				in preparing the fibers for spinning.
(O6) Fur Fiber: This term shall mean the fine
				soft under fur, with or without the usual guard hair, removed from the tanned
				or untanned pelts of mammals of the class of furbearers. The name of the animal
				may be stated on the label, and when so indicated shall be a true
				statement.
(O7) Glass Fiber: This
				term shall mean the very fine filaments or fibers made of glass.
(O8) Hay: This term shall mean any grass,
				properly cured and dried, free from dust, burrs, sticks or other objectionable
				material.
(O9) Jute Fiber: This
				term shall mean the bast fiber derived from any species of the corchorus
				plant.
(O10) Jute Tow: This term
				shall mean the broken and refuse parts of jute separated from the fine fibrous
				parts in preparing the fibers for spinning.
(O11) Jute Waste: This term shall mean the
				by-product of any machines through which jute fiber passes in spinning into
				yarn or cordage, but prior to the process of weaving.
(O12) Kapok: This term shall mean the mass of
				fibers investing the seed of the kapok tree (Ceiba Pentandra). Any additional
				statement, descriptive of the geographical origin or of the quality of such
				fibers, shall be a true statement when designated on a label.
(O13) Latex Foam Rubber: This term shall mean
				natural rubber which has been converted into a stable foamy mass and molded
				into suitable shapes for use in bedding products.
(A) Latex Foam Rubber Pieces: This term shall
				mean latex foam rubber which has been cut or broken into pieces of indefinite
				size, but shall not apply to shredded latex foam rubber.
(B) Shredded Latex Foam Rubber: This term
				shall mean latex foam rubber which has been subjected to a shredding
				process.
(C) Molded Shredded Latex
				Foam Rubber: This term shall mean shredded latex foam rubber molded together by
				use of an adhesive binder.
(D)
				Synthetic Foam Rubber: This term shall mean any of the various artificial
				substances closely resembling natural rubber converted into a staple foamy mass
				and molded into suitable shapes for use in bedding products.
(E) Cemented Foam Rubber Pieces: The use of
				this term may be applied to foam rubber pieces which have been cemented
				together.
(F) Cemented Shredded
				Foam Rubber: This term may be applied to shredded foam rubber which has been
				cemented together.
(G) When a
				fabric-topped foam or sponge rubber product is used as a cover for an article
				of bedding, its presence shall be disclosed on the tag and its percentage by
				weight given.