Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.4 - Labeling Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) It shall be
				  unlawful to make any false or misleading statement on any label or tag required
				  by the Act and these regulations; it shall be unlawful for any person to
				  remove, deface, alter, or position any label or tag or statement thereon for
				  the purpose of defeating the provisions of the Act and these regulations,
				  except that the label or tag may be removed by the consumer.
(b) All labels, tags, or markings required by
				  the Act and these regulations shall be attached by the permitted manufacturer
				  or renovator at the factory or at the location where germicidal treatment is
				  performed.
(c) Labels and tags
				  shall be printed on substantial cloth or a material of equal quality. Material
				  shall be resistant to tear and have prior departmental approval.
(d) Information required on the label shall
				  be printed, typed, or stamped in ink. Printing shall be legible and be
				  resistant to smudging and smearing. Print size shall be of the height
				  specified.
(e) Required printed
				  matter on the label shall not be concealed, in whole or in part, by any other
				  label, tag or printed matter not required by the Act.
(f) No printed matter shall appear on the
				  back side of the label. No advertisements, insignias, or endorsements shall
				  appear on the label.
(g) The terms
				  used on the label to describe materials used in filling shall be restricted to
				  those defined in these regulations or specifically approved by the department.
				  Only generic terms shall be used; trade names, trademarks or registered terms
				  shall not be used in describing filling material. No information or wording
				  other than descriptions of filling material shall appear in the statement of
				  content section.
(h) Any chemical
				  treatment applied to the filling materials shall be described in the statement
				  of contents section. e.g. "blended cotton felt--boric acid treated".
(i) It is permitted, as the last item on the
				  label, to include the name of the manufacturer, importer, distributor and/or
				  retailer, bar code, size, weight, country of origin, any federal/state
				  requirements relating to flammability or fiber identification information, and
				  other information approved by the department.
(j) The information presented on the label
				  shall be in English and the label shall be clearly visible at all times. Other
				  languages may be used in addition to English, but shall be presented on
				  separate labels.
(k) Labels shall
				  be affixed to the outer covering of bedding articles and shall be so located as
				  to make the label and the information thereon completely and clearly visible to
				  the purchaser at all times. Germicidal treatment label attachment methods shall
				  have prior approval by the department. Specific locations for label attachments
				  shall be as follows:
(1) Mattresses, box
				  springs, pillows, pads, sleeping bags, and most infant bedding articles shall
				  have the label attached on the end/side border or top panel and in proximity of
				  any advertising labels, company logos, streamers, or any other labels not
				  required by the Act. In the absence of any private labels, the law label shall
				  be attached at the location most likely to be prominently displayed to the
				  purchaser.
(2) Articles such as
				  quilted bedspreads, mattress protectors, quilts, etc., packaged in clear or see
				  through packaging material shall be folded in such a manner so that the label
				  and printed matter thereon is visible to the purchaser.
(3) Articles of bedding packaged in concealed
				  packaging shall have a label affixed to both the article and an exact duplicate
				  label attached to the outside of the package.
(4) Processed filling material identification
				  tag location is optional except that it shall be securely attached where
				  clearly visible.
(5) Reclining
				  chairs shall have the label attached to the underside of the foot rest in such
				  a way as to allow the label to be unfolded for easy access. Chairs with
				  detachable cushions may have the label attached to the front part of the
				  platform under the cushion.
(6)
				  Upholstered furniture articles with detachable cushions (e.g., sleeper sofas,
				  sofa beds, chair beds) shall have the label attached to the front part of the
				  platform under the cushions. Upholstered furniture articles without detachable
				  cushions shall have the label attached to the front part of the article in such
				  a way as to make it accessible and visible.
(7) Attaching the label to the dust cover or
				  bottom of large articles, to the back side of railings or support braces, to
				  the outside back, or in any other location which is not easily accessible to
				  the purchaser, is prohibited.
(8)
				  Attaching the label in a location or manner which, while the article of bedding
				  is on display for sale, conceals the label from open view to the purchaser
				  shall be considered as a willful act to intentionally defeat the intent of the
				  Act and these regulations.