Current through Register Vol. 2022, No. 3, March, 2022
Authority and Purpose
1.1 The following RULES AND REGULATIONS
PERTAINING TO LABELING OF BEDDING AND THE GERMICIDAL TREATMENT OF USED BEDDING
are duly adopted and promulgated by the Arkansas State Board of Health pursuant
to the authority expressly conferred by the laws of the State of Arkansas
including without limitation, Act 96 of 1913 (A.C.A.
) and Act 1420 of 2013 (A.C.A. 20-27-2706 )
1.2 Purpose: To establish minimum standards
for labeling of new and used bedding, and the germicidal treatment of used
A mattress, upholstered spring, comforter, pad, cushion, pillow, box
springs, foundation or studio couch made, in whole or part of, new or
secondhand fabric, filling materials, or other materials, which can be used for
sleeping or reclining purposes.
Department. The Arkansas Department of Health.
Director. The director of
the Arkansas Department of Health.
Manufacture. The making of
bedding out of new material.
New Material. Any fabric, filling material, other material, or
article of bedding that has not been previously used in the manufacturing,
distributing, or retailing process or for which the legal title has not been
transferred by a manufacturer, distributor, or retailer to a final purchaser,
including by-products of any textile or manufacturing process that are free
from dirt, insects, and other contamination.
Person. An individual, sole
proprietorship, partnership, limited liability company, corporation, joint
venture, association, trust, and any other entity and the agents, servants and
employees of the entity.
Renovator. A person that repairs, makes over, recovers, restores,
sanitizes, germicidally treats, cleans or renews bedding.
Sanitizer. a person that
sanitizes, germicidally treats or cleans, but does not otherwise alter, any
fabric, filling material, other materials, or article of bedding for use in
manufacturing or renovating bedding.
Secondhand Material, any
fabric, filling material, other material, or article of bedding that has been
previously used for any purpose, including without limitation floor samples
from any source other than a seller's own business and factory-returned
materials or bedding, or is derived from a postconsumer or industrial waste and
that may be used in place of new material in manufacturing or renovating
A person that offers or exposes for sale, barters, trades, delivers,
consigns, leases, possesses with intent to sell, or disposes of bedding in any
commercial manner at the wholesale, retail or other level of trade.
The minimum size of the label shall not be less than 2 inches by 3
inches, but may be larger as need demands.
All printing shall be in the English language, color of the
print shall be black on a white label. The minimum type size shall be 1/8 inch
in height in capital letters for the "Under Penalty of Law" section and the
"All New Material" section. The label material shall be Tyvek, Valeron, Vellum
cloth or a material of comparable quality, which shall not flake out when
abraded. There shall be no printing on the back of the law label.
The description of the filling materials shall be the true
generic name, grade, or definition. When more than one kind of filling is used,
the percent by weight of each shall be listed in order of their
The name and address of the Manufacturer, importer, distributor
or vendor shall be listed
Other information includes compliance requirement by U.S.
Customs requirements to state "Made In.....". If a product is made in the
United States, either in whole or part of imported materials the law label
shall disclose these facts.
The label shall be securely affixed to the article in a
location which is clearly visible to the consumer.
3.1.1 All bedding manufactured, renovated,
sanitized, or sold by a seller within the state shall bear a clear and
conspicuous label that explicitly states whether the bedding is made from all
new materials or is made in whole or in part from secondhand
3.1.2 The label on
bedding made from all new materials shall be white in color and shall state
"ALL NEW MATERIAL".
3.1.3 The label
on bedding made in whole or in part from secondhand materials shall be yellow
in color and shall state, "SECONDHAND MATERIALS". The repairer or renovator of
any bedding that is subsequently sold shall affix the secondhand material label
which shall be attached to the bedding before delivery to the owner.
3.1.4 All bedding containing material that is
sanitized, germicidally treated, or cleaned in accordance with subsection (k)
of this section shall bear a clear and conspicuous label that states the
following: "THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS THAT HAVE BEEN
CLEANED AND SANITIZED IN AN APPROVED MANNER TO KILL GERMS AND INSECTS AND TO
addition, such label shall state:
The specific methods of sanitizing, germicidal treatment, or
cleaning applied; The date on which the article was sanitized, treated, or
cleaned; The name, address and permit number of the person applying the
sanitizing, or cleaning; and Specifically which materials or articles have been
sanitized, treated, or cleaned.
3.1.6 The labels shall also comply with rules
adopted by the department regarding label dimension, format, informational
content, wording, letter size, material, means of placement and affixing to the
bedding, and other relevant factors.
3.1.7 Labels required by this section shall
be permanently affixed.
3.2 A person shall not remove, deface, or
alter in whole or in part a label or any statement on a label with the intent
to defeat the provisions of this section.
3.3 A person shall not make a false or
misleading statement on any label required under this section.
3.4 The director shall approve the form and
size of labels, the fabric of which the labels are made, and the wording and
statements on labels provided for under this section.
3.5 Labels required under this section shall
be securely attached to the article of bedding or filling material at the site
of the manufacturer in a conspicuous place where the label can be easily
3.6 Labels required by
this section shall have printing only on one side.
3.7 Advertising matter shall not be placed on
any label or any other printed matter not required by the provisions of this
statements and headings shall be shown on labels:
"UNDER PENALTY OF LAW THIS TAG SHALL
NOT BE REMOVED EXCEPT
BY THE CONSUMER" shall appear at the top of the label;
3.8.2 Headings shall read "All New
Material" when the bedding material is wholly new material;
3.8.3 "Secondhand Material" when the bedding
material in whole or in part is comprised of secondhand material;
3.8.4 Description of filling material as
provided in the applicable regulations shall be included on the
3.8.5 The registry number
assigned or approved by the Department shall be included on the
3.8.6 Certification by the
manufacturer that the materials in this article are described in accordance
with law shall be included on the label;
3.8.7 For renovated articles, the name and
address of the owner.
4.1 The contents and uses and percentage of
filling materials used in articles of bedding and in bulk form shall be stated
on the label.
4.2 Percentages shall
be computed on the basis of avoirdupois weight of the filling material present
and shall be designated on the label in order of predominance with the
component with the largest content listed first.
4.3 The department may establish grades,
specifications and tolerances for the kinds and qualities of materials that may
be used in the manufacture, repair or renovation of bedding comprised of new
materials or secondhand materials and may approve or adopt designations and
rules which are not in conflict with any provisions of this section for the
labeling of bedding filled with such materials.
4.4 Bedding shall not be manufactured in
whole, or in part, from any secondhand material unless such material has been
sanitized, germicidally treated or cleaned by a method approved by the
Disinfection of Secondhand Bedding
6.1.1 A person shall not sell, offer for sale
or include in a sale any article of second-hand bedding or any article of
bedding manufactured in whole, or in part, from second-hand material, unless
such bedding has been cleaned, stains and odors removed and germicidally
treated by a method approved by the Department. Articles of bedding removed
from a retail establishment to be used as bedding and returned to the
establishment are considered second-hand bedding.
6.1.2 A person shall not use in the
manufacture, renovation or repair of bedding any material which has been
obtained from dump grounds, landfills, junk yards, or hospitals within or
without the State of Arkansas.
Methods of treatment.
Disinfection of used or secondhand bedding must be by:
6.2.1 Chemical spray. The application of a
chemical pesticide registered with by the U.S. Environmental Protection Agency.
The chemical pesticide must Have clearly stated on the label, or on printed
material included in each container or package, detailed instructions for its
use in disinfecting used or secondhand articles; Have clearly stated on the
label a statement that the pesticide is safe to use on bedding; Have an
additive product which provides fluorescent particles when viewed under
ultraviolet (black light) and magnification. The purpose for this requirement
is to provide a uniform method for detection of the presence of germicidal
treatment agent on articles of bedding, by enforcement officials. Sanitizer
shall follow all application, safety, storage and disposal instructions
provided by the product manufacturers.
6.2.2 Commercial laundry method. Pillows,
cushions, comforters, pads or other similar items will be considered as having
been germicidally treated when the filling materials and covering material or
ticking are kept intact without opening, and cleaned by a commercial laundry
6.2.3 Other methods of
germicidal treatment may be used in treating bedding and materials provided it
has been approved by the Department.
5.1 The department may, at its discretion,
randomly conduct bedding and materials product tests and inspections of the
premises of any bedding manufacturer, renovator, or sanitizer for the purpose
of determining compliance with the provisions of this section and the
department's rules adopted under this section.
5.2 If the department finds probable cause to
believe that an article of bedding violates any provisions of this section, it
may embargo, remove, recall, condemn, destroy or otherwise dispose of bedding
found to violate any provisions of this section.
5.3.1 The department may deny, suspend, or
revoke an initial or renewal permit of any person that violates any provision
of this section.
5.3.2 Each day of
a continuing violation constitutes a separate violation.
5.3.3 A person who violates any provision of
this section commits a Class A misdemeanor.
5.3.4 The court may order restitution in
addition to any other penalty provided in sections.
5.3.5 The department may petition for an
injunction to restrain a continuing violation of this section or a threat of a
continuing violation of this section, provided such violation or threatened
violation creates an immediate threat to public health and safety.
5.3.6 A manufacturer, renovator, or seller
that knowingly attaches to bedding, or sells bedding bearing, a label stating
that the product is made from all new materials, when the person has actual
knowledge or reason to believe or suspect that such bedding is made in whole or
in part from secondhand materials commits a Class A Misdemeanor.
5.3.7 Each bedding product that is found to
be falsely labeled in this respect constitutes a separate violation.
If any provisions of these Rules and Regulations, or the
application thereof to any person or circumstances, is held invalid, such
invalidity shall not affect other provisions or applications of these Rules
applications, and to this end the provisions hereto are declared to be
All regulations and parts of regulations in conflict herewith
are hereby repealed*
This will certify that the foregoing Rules and Regulations
Pertaining to Bedding were adopted by the Arkansas Department of Health at the
regular session of the Board of Health held at the Winthrop Rockefeller
Institute, Petit Jean Mountain, Morrilton, Arkansas on the
23rd day of October, 2014.