UTAH UPDATES THE BEDDING, UPHOLSTERED FURNITURE AND QUILTED CLOTHING RULE (R70-101)

In April 2023, the State of Utah revised their Rule R70-101 for Bedding, Upholstered Furniture and Quilted Clothing. The revisions included definitions and increased surveillance for online retail.

The Utah Rule (R70-101) now defines an online retailer as follows: “means any person who advertises and markets via the internet and another electronic network”. The retailer, including online retailers, must ensure that the label is easily accessible to the consumer for examination before purchase. Disclosure of the law label for upholstered furniture and bedding and disclosure of the hidden filling material, RN/name and sterilization # if applicable on the textile label for quilted clothing must be available at the point of purchase in retail on the product and disclosed as online content (exact duplicate of the label or a link to the label) prior to purchasing.

Note: Textile label for quilted clothing is defined as a “tag attached to a quilted clothing product that provides information required in 16 CFR Parts 300, 301, 303 and this rule”. Effective January 1, 2024, Utah will begin inspections for online accessibility and compliance for proper law label/textile label content.

In addition, we would like to clarify further information Under Chapter 10 of the Utah Code, in regards to the terms “reclaimed" or "reclaimed material" and “recycled and recycled material” is defined as follows:

• “Reclaimed" or "reclaimed material" means material that would have otherwise been disposed of as waste or used for energy recovery, but instead is collected and used as a material input, in lieu of new primary material.”

• “Recycled" or "recycled material" means material that has been reprocessed from reclaimed material by means of an accepted manufacturing process and made into a final product or into a component for incorporation into a product.”

The term "recycled" may be used if the manufacturing facility:

“(a) is Global Recycled Standard (GRS) certified;

(b) provides proof of GRS certification to the department on the registration form; and

(c) provides a copy of the certificate or the certification number on the invoice to the

retailer for each lot or batch of filling material.

(3) The manufacturing facility shall provide a copy of the certificate or the certification numbers for each batch or lot to the department upon request”

Retailer responsibilities:

“1) A retailer, including online retailers, shall:

(a) ensure that any article of bedding, upholstered furniture, quilted clothing, or filling material sold is labeled and tagged correctly;

(b) ensure the label is easily accessible to the consumer for examination before purchase;

(c) comply with state law and the department's rules governing false and misleading advertisement;

(d) ensure that the manufacturer from whom a retailer purchases a product has a valid permit with the department; and

(e) ensure that the importer from whom a retailer purchases a product has a valid permit with the department. 2) Upon request of the department, a retailer shall provide the identity of the manufacturer or wholesaler of an article of bedding, upholstered furniture, quilted clothing, or filling material sold. 3) A retailer may register in lieu of the manufacturer or wholesaler if the manufacturer or wholesaler is not registered. (4) A retailer shall ensure that bedding or filling material using the term "recycled":

(a) is from a GRS certified facility; and

(b) has a certificate or certification number.”

“Reclaimed and recycled” can only be used when items contain down and feather filling material for furniture and bedding products. However, other states will not accept this for furniture and bedding products. A GRS (Global Recycled Standard) certification is required if a product is labeled “recycled”. However, if there is no recycled labeling on the product, a GRS (Global Recycled Standard) certification is not required to be submitted.

For Utah quilted clothing, recycled terminology is allowed. If labeled “recycled” down or feather, a GRS (Global Recycled Standard) certificate is required to be submitted.

Additional Information: Link to the Utah:

Bedding, Upholstered Furniture and Quilted Clothing Program | Utah Department of Agriculture and Food

How Does this Impact You?

If you have any comments and/or questions, please contact your customer service representative or email: info@us.bureauveritas.com

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