SECTION 310:215-1-4. Applicability; general tagging requirements; use of percentages in rules

(a)   Application. The regulations of this Chapter shall apply to all persons, partnerships, corporations, and associations engaged in the business of manufacturing, repairing, renovating, germicidally treating, and selling items of bedding. These regulations do not apply to persons who make, renovate, and germicidally treat bedding for their own use.

(b)   Labels.

(1)   Each item of bedding shall be labeled in conformity with the requirements of the Act and Regulations. All labels shall be attached at the factory. Space shall be provided on the label for the affixation of a revenue stamp and the permit holder's registration number shall appear on the label. Articles of bedding that are packaged in clear packaging material shall have the label visible without opening the packaging. Articles of bedding that are packaged in packaging material that cannot be seen through shall attach a duplicate label outside the package.

(2)   It shall be unlawful to make any false or misleading statement on the label required by the Act and Regulations; it shall be unlawful for any person to remove, deface, or alter any label or statement thereon, or cause the same to be done, for the purpose of defeating the provisions of the Act and Regulations.

(3)   The terms used on the label to describe materials used in filling shall be restricted to those defined in the regulations (Chapter 215) or in the Act.

(4)   The presence of an innerspring unit in an article of bedding shall be designated on the label. If the number of coils is stated, the statement must be true and correct.

(5)   If an article of bedding contains more than one kind of filling material, the percentage of each material shall be clearly stated on the label.

(6)   Filling materials in pre-built border constructions used in the manufacture of mattresses and similar bedding products need not be stated on the label provided the filling material does not exceed ten per cent (10%) of the material in the article to which the border construction is affixed.

(7)   When the filling material contained in a quilted ticking affixed to the cover of an article of bedding is in excess of ten per cent (10%) of the weight of the entire filling material of the article of bedding, such material shall be designated on the label and its percentage given.

(8)   Burlap, muslin, webbing, and tape, when less than ten per cent of the filling material, need not be stated on the label.

(9)   The terms "all," "pure," "100%," or terms of similar import are permitted only if the material is as stated.

(10)   Any new stiffening material, such as fiberboard, wood, or paper when present in an amount exceeding ten per cent (10%) by weight of the entire filling material of an article of bedding shall be designated on the label and its percentage given.

(11)   Any filling material containing more than 5% oil shall be designated on the label as "oily".

(12)   The presence of silicates in excess of 5% in any filling material shall be designated on the bedding-label as "clay" and the actual percentage thereof contained in the filling material shall be stated on the label.

(c)   Percentages.

(1)   When percentages are required in the regulations of this Chapter it shall mean percentage by weight in lieu of percentage by volume. Wood frames, metal springs, and parts shall be excluded when calculating percentages.

(2)   To allow for unintentional variations, a tolerance or variation not in excess of ten per cent (10%) by weight from the amount stated on the label shall be allowed.

[Source: Amended at 14 Ok Reg 2254, eff 6-12-97]