Section 410 IAC 13-1-5 - Labeling requirements; definitionsAuthority: IC 16-19-3-5; IC 16-41-32-14
Affected: IC 16-41-32
Sec. 5.
Labeling.
(A) Every new or secondhand article of bedding processed for sale shall be properly labeled in accordance with I.C. 16-9-4 [IC 16-9 was repealed by P.L. 2-1993, SECTION 209, effective April 30, 1993.], as formerly found in Chap. 148, Acts of 1949 as amended by Chap. 30, Acts of 1951 and Chap. 157, Acts of 1963 and these regulations [ 410 IAC 13-1 ]. The required secondhand label shall be attached when the article of bedding contains secondhand material in whole or in part, including innerspring unit. Each manufacturer, renovator, sterilizer, and disinfector shall furnish his own labels.(B) The wording on the required label describing the filling materials shall be stamped or printed in bold-face type not less than 1/8 inch in height and shall employ only the terms which follow after (J) Basic Definitions [subsection (J) of this section] of this Regulation.(B1) The kinds and percentages of various filling materials shall be shown on the label. Percentages shall be computed on the basis of weight. Any deviation from percentages stated shall not exceed ten percent (10%) of the smaller component except as otherwise provided in these regulations [ 410 IAC 13-1 ]. When the filling material consists of one kind only, the percentage need not be stated.(C) No trade, superfluous or substitute terms shall be used on the required label except as authorized in Regulation Q [subsection Q of this section].(C1) Trade marks, insignia or advertisements may be placed on another label and attached to the article of bedding in such manner that it will not interfere with the required label nor contradict any statement thereon.(D) The terms "All", "Pure", "100%", or similar terms shall be used only with the understanding that no tolerance whatever is allowed when such terms are used and that the slightest departure from the indicated quality makes the label misleading and therefore unlawful.(E) Labels shall be of good grade vellum cloth or cloth of comparable quality or better which will not flake out when abraded. Paper or paperfaced labels shall not be used.(F) Labels shall not be less than six (6) square inches in size, exclusive of the portion required to affix the label to article. Labels may be greater in size as the need demands.(G) Labels shall be securely attached to articles of bedding so that they may be conveniently examined, and the information thereon is visible. Where possible, they shall be securely sewed, but in instances where sewing is not practicable, application can be made to the Board in writing for authorization to otherwise secure.(H) Every dual purpose article of bedding having one or more cushions requires but one label when the cushions are a necessary part of that article. This label shall contain a statement of the filling materials used in the article as well as that used in the cushions. Where extra cushions are provided that are not an integral part of the article each cushion shall be labeled separately.(H1) Dual purpose articles of bedding such as bed-davenports, studio couches, hide-a-beds, etc., having loose cushions shall have the labels attached under a cushion on top and near the center of the front edge of the platform.(I) No person other than a purchaser for his own use, shall remove from any article of bedding or alter or deface the required label except as herein otherwise provided.(J) BASIC DEFINITIONS. It is the purpose of the following definitions to provide names, terms and nomenclature as are commonly used, and are recognized in the manufacture, sale and distribution of bedding products. The following definitions are also intended to have understandable meaning to the ultimate consumer.(K1) Cotton, Virgin Cotton or Staple Cotton: Any of these terms shall mean the staple fibrous growth as removed from cottonseed in the usual process of ginning (first cut from seed), containing no foreign material. The presence of the usual amount of leaves, hull, etc., shall not be considered foreign matter.(K2) Cotton By-Products: This term shall mean the by-products removed from the various machine operations necessary in the manufacture of cotton yarn up to but not including the process of spinning, and shall include only the following materials commonly known in cotton mill terms as (1) cotton comber, (2) cotton card strips or cotton vacuum strips, (3) cotton fly and (4) cotton picker.(K3) Cotton Linters: This term shall mean the fibrous growth removed from cottonseed subsequent to the usual process of ginning and shall be so designated on the label.(K4) Cotton Waste: This term shall be used when any "card", "stripes" or "stripping", "comber", "fly", "noils", "picker", or "motes" contain more than 7 percent hull, leaf, stem or other foreign material. When hull, leaf, stem or other foreign material exceed 10 percent, such material shall be designated as "trash".(K5) Garnetted Clippings: This term shall mean any new material which has been spun into yarn, knit or woven into fabric and subsequently reduced by a garnetting process into a fibrous state.(K6) Shredded Clippings: This term shall mean any new material which has been spun into yarn, knit or woven into fabric and subsequently reduced to a fibrous state.(K7) Shoddy: This term shall mean any garnetted or shredded clippings made of new material containing more than 5 percent of any foreign material.(K8) Blends or Mixtures: Unfelted blends or mixtures of staple cotton, cotton linters, or cotton by-products shall be described as "Blended Cotton". If the blends or mixtures are felted, they shall be described as "Blended Cotton Felt".(K9) Cotton Felt: This term shall be used only when fibers are garnetted or carded and used in layer form. It cannot be used when cotton batting or cotton felt scraps or clippings are stuffed or blown in the same manner as unfelted materials.(K9a) Colored Cotton Felt: This term shall be used when all or any portion of garnetted or carded cotton fibers are colored. This term shall not be used to describe garnetted cotton shoddy.(K10) Oil Percentages: When any filling material contains more than five percent (5%) of oil, it must be described as Oily.(K11) Dirt or Foreign Material: When any filling material contains more than five percent (5%) of dirt of any other foreign material, it must be described as Dirty.(K12) Colored: This term shall be used when all or any portion of the cotton fibers are colored.(K13) Damaged Cotton Fibers: This term shall apply to cotton fibers which in whole or in part, has deteriorated through excessive exposure to the elements, faulty storage, fire, water, irradiation or mildew.(L1) Down: This term shall mean the soft undercoating of waterfowl, consisting of the light fluffy filaments growing from one quill point but without any quill shaft. This term includes all real downs and it shall not be necessary to indicate the kind of down used, but if indicated on the label as a particular kind of down, such as goose down, duck down or eider down, the material must be as stated.(L1a) Down Fiber: This term shall mean the barbs of down plumes separated by any process from the quill point. Any individual fibers resembling down closely enough to create doubt as to whether they are down fiber or feather fiber may be classed as down.(L1b) A tolerance of 10 percent by weight of the down content stated on the label is permissible. Articles labeled as containing Down must contain not less than 90 percent pure down.(L2) Feathers or Natural Feathers: This term shall mean the original or natural form and means feathers which have not been processed in any manner other than washing, dusting, sterilizing or disinfecting.(L3) Crushed Feathers: This term shall mean feathers which have been processed by a curling or crushing machine which has changed the original form of the feather without removing the quill. Such stock shall be designated on the label as Crushed followed by the name of the fowl from which it came.(L4) Chopped Feathers: This term shall mean feathers which have been chopped or cut into pieces. Such stock shall be designated on the label as Chopped followed by the name of the fowl from which they came. (L5) Stripped Feathers: This term shall mean the barbs of feathers stripped by any process from the feather shaft, but not separated into feather fiber. Such designation shall include the name of the fowl from which they came.(L6) Quill Feathers or Wing and Tail Feathers: Either of these terms shall mean the wing or tail feathers of any fowl.(L7) Waterfowl Feathers: This term shall mean goose or duck feathers or any mixture thereof.(L8) Damaged Feathers: This term shall mean feathers which have been broken, injured by insects, or depreciated from the original value in any manner; provided however, that this term shall not apply to crushed feathers as defined in L3. Damaged feathers in excess of 10 percent by weight of the total feathers shall be indicated on the label and the name of the feathers shall be stated.(L9) Blends or Mixtures: Feather or down mixtures shall be designated by the foregoing definitions, by the name, character and percentage of each material used, or the entire mixture shall be designated by the name of the lowest grade of material used.(L10) Color: The color of feathers or down need not be stated on the label, but if stated the contents shall be as declared. Feathers or down from waterfowl may be designated on the label as White or Gray as the case may be. Chicken or turkey feathers may be designated on the label as White or Colored as the case may be.
(L11) Tolerance: A tolerance of 10 percent by weight of the feather content stated on the label is permissible. Feathers of any fowl named on the label must contain not less than 90 percent of such feathers.(L12) Cleanliness: All feather and down stocks shall be thoroughly cleaned prior to use by washing, dusting, sterilizing or disinfecting. Feather and down stocks having an oxygen number above 20 shall be deemed to be "not properly clean".(L13) Secondhand Feathers or Down: Either of these terms means any such material which has been previously used for any purpose and shall be so designated on the required label for secondhand material with the proper classification of such feathers or down.(M) HAIR. Classifications:
Horse Tail Hair
Horse Mane Hair
Cattle Tail Hair
Cattle Hide Hair (Body Hair)
Hog Hair
Goat Hair
(M1) Hair is the coarse filamentous epidermal outgrowth of such mammals as horses, cattle, hogs and goats. When used in the manufacture of bedding or as filling material thereof, it shall be clean, properly cured, free from epidermis, excreta or other foreign or objectionable substances or odors.(M2) Curled Hair: This term applies when any hair has been curled. The appropriate designation as to origin shall appear on the label preceded by the word Curled.(M3) Uncurled Hair: This term applies when any hair has not passed through a curling process. The appropriate designation as to origin shall appear on the label preceded by the word Uncurled.(M4) Rubberized Hair: This term shall mean any hair treated with liquid latex or synthetic rubber. When hair is rubberized the designation on the label shall state whether the rubber is Latex or Synthetic.(M5) Rubberized Curled Hair Pieces: This term shall mean trimmings and pieces of rubberized curled hair of indefinite size. The term shall be preceded by the term Latex or Synthetic.
(M6) Hair Blends or Mixtures: When hair of two different origins is used in a blend or mixture, the kind and percentage by weight of each shall be stated on the label.(M7) Hair and Fiber Blends or Mixtures: When any other filling material of whatever origin is used in a blend or mixture with hair, the kind and percentage by weight of each such material shall be designated on the label.(M8) Hair Pad: This term shall mean hair which is interwoven or punched on burlap or any other woven material or otherwise fabricated into a pad, including the application of latex or synthetic rubber as a component and as a factor in the fabricating process. Percentages shall be based on the hair and fiber content only. No reference to or inclusion of the burlap or woven material backing is required on the label nor is the quantity or percentage of rubber when the rubber is used solely as a binder element.(M9) Color: Hair need not be identified as to color on the label, but if it is so identified it shall be as represented in all respects.(M10) Tolerance: A tolerance of 10 percent by weight of the percentages stated on the label shall be permitted.(M11) Secondhand Hair: This term shall mean any hair which has sustained prior use and such hair shall be so designated on the required second-hand label with the proper classification of such hair. (M12) Labeling Examples for Hair | Curled Hair Pad ........................ | {Cattle Tail.............. 15%} {Hog................... 85%} | 100% |
| Curled Hair and Fiber Pad ................ | {Hog....................70%} {Sisal Fiber.............. 30%} | 100% |
| Latex Rubberized Curled Hair Pad ......... | {Horse Mane..............35%} { Hog................... 65%} | 100% |
| Cattle Hide Hair Felt Pad ................. | ............................... | 100% |
(N1) Wool or Virgin Wool: Either of these terms shall apply to the fleece of the sheep or lamb, which has been scoured or scoured and carbonized. It shall not be the by-product of any process of manufacture nor shall it have sustained prior use. It shall be free from kemp and vegetable matter.(N2) Choice Wool or Choice Virgin Wool: (Optional for those manufacturers who want to use and get credit for using a finer quality of wool). Either of these terms shall apply to Wool or Virgin Wool as defined above that is " 1/4 blood" (48s) or finer in grade, according to the United States Standards for grades of wool, and shall be natural or bleached white in color. The fibers shall be reasonably uniform in length, viz., it shall contain no admixture of short wool fibers. The term Choice Wool or Choice Virgin Wool shall not be used in describing the component parts of Wool Blends or Mixtures.(N3) Wool By-Products: This term shall include noils and fulling flocks from fabrics made entirely of new wool fibers.(N4) Wool Waste: This term shall embrace all other by-products and wastes of machines in any process of manufacture employing only new wool fibers and shall include wool pills, and shank and tag wools.(N5) Tanners Wool: This term shall apply to wool reclaimed from tanned sheepskins.(N6) Wool Shoddy: This term shall apply to any wool fiber which has been spun into yarn, knit or woven into fabric and subsequently cut up, torn up, broken up, ground up or otherwise defabricated and shall be designated on the label as Wool Shoddy. Wool shoddy shall not contain in excess of five percent (5%) of fibers other than wool.(N7) Wool Blends or Mixtures: When two or more of the above materials are used in a product, they shall be described on the label as required above in the order of their predominance.(N8) Wool Batt or Wool Felt: Either of these terms shall be used only when wool fibers alone are garnetted or carded and used in layer form. Neither can be used when wool batting or wool felt scraps or clippings are stuffed or blown in the same manner as unfelted materials. Either of these terms must be followed by a listing of the component material as required above.(N9) Oil and Grease Percentages: When any wool filling material contains more than five percent (5%) oil, wool grease or other free fat, it shall be described as Oily.(N10) Damaged Wool: This term shall be applied to wool, although new, which has been damaged through excessive exposure to the elements, faulty storage, fire, or in any other manner, or has begun to disintegrate.(N11) Tolerance: Materials which contain not less than 95 percent wool shall be considered wool.(N12) Secondhand Wool: This term shall apply to any wool which has been previously used for any purpose.(O) MISCELLANEOUS FILLING MATERIALS.(O1) Casein Fiber: This term shall mean the textile filament or fiber made from casein by chemical and mechanical processes.(O2) Casein Fiber Waste: This term shall mean the by-product of any preparing or spinning machinery through which the casein filaments or fibers pass in any operation prior to the weaving or knitting process and shall include "napper" and "fulling flocks."(O3) Coconut Husk Fiber or Coir Fiber: This term shall apply to fibers obtained from the husks or outer shell of the coconut.(O4) Excelsior: This term shall mean shredded threadlike wood fibers but shall not include waste products such as shavings, sawdust or similar waste. Terms such as Woodwool shall not be used to describe excelsior.(O5) Flax Tow: This term shall mean the coarse, broken and refuse parts of flax separated from the fine fibrous parts in preparing the fibers for spinning.(O6) Fur Fiber: This term shall mean the fine soft under fur, with or without the usual guard hair, removed from the tanned or untanned pelts of mammals of the class of furbearers. The name of the animal may be stated on the label, and when so indicated shall be a true statement.(O7) Glass Fiber: This term shall mean the very fine filaments or fibers made of glass.(O8) Hay: This term shall mean any grass, properly cured and dried, free from dust, burrs, sticks or other objectionable material.(O9) Jute Fiber: This term shall mean the bast fiber derived from any species of the corchorus plant.(O10) Jute Tow: This term shall mean the broken and refuse parts of jute separated from the fine fibrous parts in preparing the fibers for spinning.(O11) Jute Waste: This term shall mean the by-product of any machines through which jute fiber passes in spinning into yarn or cordage, but prior to the process of weaving.(O12) Kapok: This term shall mean the mass of fibers investing the seed of the kapok tree (Ceiba Pentandra). Any additional statement, descriptive of the geographical origin or of the quality of such fibers, shall be a true statement when designated on a label.(O13) Latex Foam Rubber: This term shall mean natural rubber which has been converted into a stable foamy mass and molded into suitable shapes for use in bedding products. (A) Latex Foam Rubber Pieces: This term shall mean latex foam rubber which has been cut or broken into pieces of indefinite size, but shall not apply to shredded latex foam rubber.(B) Shredded Latex Foam Rubber: This term shall mean latex foam rubber which has been subjected to a shredding process.(C) Molded Shredded Latex Foam Rubber: This term shall mean shredded latex foam rubber molded together by use of an adhesive binder.(D) Synthetic Foam Rubber: This term shall mean any of the various artificial substances closely resembling natural rubber converted into a staple foamy mass and molded into suitable shapes for use in bedding products.(E) Cemented Foam Rubber Pieces: The use of this term may be applied to foam rubber pieces which have been cemented together.(F) Cemented Shredded Foam Rubber: This term may be applied to shredded foam rubber which has been cemented together.(G) When a fabric-topped foam or sponge rubber product is used as a cover for an article of bedding, its presence shall be disclosed on the tag and its percentage by weight given.(O14) Latex Sponge Rubber: This term shall mean natural rubber expanded into cellular sheets and vulcanized in that state into slabs. (A) Latex Sponge Rubber Pieces: This term shall mean latex sponge rubber cut or broken into pieces of indefinite size, but shall not apply to shredded latex sponge rubber.(B) Shredded Latex Sponge Rubber: This term shall mean latex sponge rubber which has been subjected to a shredding process.(C) Molded Shredded Latex Sponge Rubber: This term shall mean shredded latex sponge rubber molded together by use of an adhesive binder.(D) Synthetic Sponge Rubber: This term shall mean any of the various artificial substances closely resembling natural rubber expanded into cellular sheets and vulcanized in that state into slabs.(E) Cemented Sponge Rubber Pieces: The use of this term may be applied to sponge rubber pieces which have been cemented together.(F) Cemented Shredded Sponge Rubber: This term may be applied to shredded sponge rubber which has been cemented together.(O15) Milkweed Fiber: This term shall mean the surface fiber from the inside of the seed pods of milkweed plants (Asclepias).(O16) Moss: This term shall mean the processed material derived from the moss growth found in swamps and on trees.(O17) Nylon: This term applies to a synthetic protein-like filament or textile fiber (Polymide).(O18) Nylon Waste: This term shall mean the by-product of any preparing or spinning machinery through which the nylon filaments or fibers pass in any operation prior to the weaving or knitting process.(O19) Palm Fiber: This term shall mean the fibrous material obtained from the leaf of the palm, palmetto or palmyra tree.(O20) Rayon: This term shall mean the synthetic filament or fiber made from modified cellulose.(O21) Rayon Waste: This term shall mean the by-product of any preparing or spinning machinery through which the rayon fibers pass in any operation prior to the weaving or knitting process and shall include "napper" and "fulling flocks."(O22) Sea Grass: This term shall mean any of the material obtained from maritime plants or seaweeds.(O23) Silk Waste: This term shall mean the by-product of any preparing or spinning machinery through which the silk filaments or fibers pass.(O24) Sisal Fiber: This term shall mean the leaf fiber derived from the Agave Sisalana and similar species of Agaves.(O25) Sisal Fiber Tow: This term shall mean the residual fibers left after the extraction of the spinnable sisal fiber from the leaf. For the purpose of these regulations, this includes the product known as Bagassi. It shall not contain over 3 percent (3%) pulp.(O26) Sisal Fiber Waste: This term applies to the sisal fiber waste of cordage mills including rope and cordage ends, but shall not contain knots and refuse.(O27) Straw: This term shall mean the stalk or stem of grain, such as wheat, rye, oats, rice and the like, after threshing. The kind of straw need not be stated on the label, but if so indicated, shall be a true statement. It shall be free from chaff, beards, bristles, husks, glumes, dirt or other extraneous matter.(O28) Tula Fiber: This term shall mean the leaf fiber derived from the Tula istle and similar species of Agaves; sometimes called Tulatex. The term Tulatex is a trade name and shall not be used.(O29) Vinyon Fiber: This term shall apply to a synthetic filament or fiber which is a vinyl resin product prepared by the conjoint polymerization of vinyl chloride and vinyl acetate.(O30) Vinyon Fiber Waste: This term shall apply to the by-product of any preparing or spinning machinery through which the vinyon filaments or fibers pass in any operation prior to the weaving or knitting process, and shall include "napper" and "fulling flocks."(O31) Wood Fiber Pad: This term shall apply to wood which has been reduced to a fibrous state and subsequently fabricated into a flat resilient mass.(O32) Cleanliness: All miscellaneous filling materials used in the manufacture of bedding products shall be clean and free from trash, pith, pulp, extraneous matter, oil and grease.(O33) Fiber: This term shall mean any threadlike tissue. The term shall be preceded by a designation which will disclose the true source from which the fiber was obtained. Labeling examples for fiber would be Hemp Fiber, Flax Tow Fiber, etc.(O34) Secondhand: This term shall be applied to any of the above materials which have been previously used for any purpose.(O35) Tolerances are allowed only where specifically designated for the purpose of adjusting errors due to difficulties in arriving at exact percentages. Tolerances are not intended to permit deliberate admixture of inferior materials.(P) Vegetable and Synthetic Fibers and Synthetic Foams(P1) Acetate Fibers or Cellulose Acetate Fibers: These terms shall be used for filling materials made of acetate.(P2) Acrylic Fibers: This term shall be used for a long-chain synthetic polymer which contains not less than 85 percent acrylonitrile and which is formed into a filament.(P3) Azlon: A generic term for fibers or filaments manufactured from modified proteins or derivatives thereof, with or without lesser amounts of nonfiber-forming materials. The term "Azlon" shall be used to designate fibers manufactured from azlon.(P4) Dacron: This term shall not be used. See Polyester Fibers.(P5) Polyester Fibers: This term shall be used to designate long-chain synthetic polymers which contain 85 percent or more of the polymeric esters.(P6) Polyethylene Fibers: This term shall be used to designate fibers made from polymers and/or copolymers of ethylene.(P7) Vinyl Fibers: This term shall be used to designate fibers of filaments manufactured from vinyl.(P8) A foam product means a polymerized material consisting of a mass of thin-walled cells produced chemically or physically and shall be designated on the tag as Foam together with the name of the organic base from which it is made.(P9) Polyurethane Foam: This term applies to a cellular urethane product which is created by the interaction of an ester and a carbamic acid derivative.(P10) Polystyrene Foam: This term shall be applied to foam produced during the polymerization of a styrene monomer.(P11) Vinyl Foam: This term shall be applied to a foam produced from vinyl.(P12) The term "pieces" shall follow the terms set forth in P9, P10, and P11 above, whenever the foam product consists of mere pieces.(P13) The term "shredded" shall precede the terms set forth above whenever the foam product has been subjected to shredding process.(P14) The term "cemented" shall be applied to a shredded foam which has been cemented together; e. g., cemented shredded urethane foam.(P15) When a fabric-topped foam or sponge product is used as a cover for an article of bedding, its presence shall be disclosed on the tag and its percentage given.(P16) Textile Fiber Waste: This term shall apply to fibers which are in whole or in part the by-product removed or resulting from any of the various machine operations necessary in the preparation or manufacture of filament, fiber, thread or fabric and which has no established pattern of length or denier distribution.Indiana State Department of Health; Reg HSB 3R; filed Oct 5, 1971, 8:30 am: Rules and Regs. 1972, p. 124; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFAReadopted filed 11/13/2019, 3:14 p.m.: 20191211-IR-410190391RFA