Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.3 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Act and
				  these sections shall apply to all persons, partnerships, corporations, and
				  associations engaged in the business of manufacturing, renovating, wholesaling,
				  distributing, importing, processing, germicidally treating, and selling items
				  of bedding or processed filling materials. These regulations do not apply to
				  persons who make, renovate, or germicidally treat bedding for their own
				  use.
(b) These regulations shall
				  apply to each separate manufacturing plant facility or business location
				  regardless of name or ownership.
(c) Each item of bedding and processed
				  filling material shall be labeled in conformity with the requirements of the
				  Act and these regulations. This requirement does not apply to a
				  customupholstery business that does not repair or renovate bedding for
				  resale.
(d) No person shall remove
				  the label or position, arrange or display an article of bedding in such a
				  manner as to obstruct the view of the label from the purchaser and/or
				  department representatives.
(e) To
				  allow for unintentional variations, a tolerance or variation not in excess of
				  10% by weight from the amount stated on the label shall be allowed. A tolerance
				  not to exceed 20% shall be allowed for feather and down except when the species
				  is stated, in which case the 10% tolerance applies.
(f) The terms "all," "pure," "100%," or terms
				  of similar import are permitted only if the material is as stated. No tolerance
				  is allowed where such terms are used.
(g) If an article of bedding contains more
				  than one kind of material, the percentage, by weight, of each material shall be
				  clearly stated on the label in descending order. Wood frames, metal parts, and
				  springs shall be excluded when calculating percentages. Burlap, muslin,
				  webbing, and tape, when less than 10% of the filling material, need not be
				  stated on the label.
(h) The
				  presence of a metal spring unit in an article of bedding must be stated as the
				  last item in the statement of content section. Stating the number of coils is
				  not required, but if stated it must be true and correct.
(i) Any filling material containing more than
				  5.0% oil shall be designated on the label as oily.
(j) The presence of silicates in excess of
				  5.0% in any filling material shall be designated on the label as clay and the
				  actual percentage thereof shall be stated.
(k) Identification and storage of secondhand
				  bedding articles and filling materials shall be as follows:
(1) Persons engaged in the manufacture,
				  distribution, wholesaling, importation renovation, processing, and/or
				  germicidal treatment shall keep new and secondhand articles and/or materials
				  segregated.
(2) Persons engaged in
				  the business of selling or storing articles of bedding shall keep new and
				  secondhand articles segregated prior to germicidal treatment of the secondhand
				  articles. Secondhand articles which have not been germicidally treated and
				  properly labeled, shall not be displayed on the sales floor.
(3) When new and secondhand filling materials
				  or new and untreated secondhand articles of bedding have been mixed, the entire
				  mixture shall be regarded as secondhand and shall be germicidally treated and
				  properly labeled prior to sale.