Tenn. Comp. R. & Regs. 1200-23-07-.02

Current through June 10, 2024
Section 1200-23-07-.02 - DEFINITIONS

(1) Cotton

(a) "Blended Cotton Felt" means cotton felt.

(b) "Cotton Batting" means cotton felt.

(c) "Cotton by-products" means the cotton fibers removed from the various machine operations in the preparation and manufacture of cotton yarn, up to, but not including, the process of spinning, and includes the following products designated in cotton mill terms such as cotton comber, cotton card strips, cotton vacuum strips, cotton fly and cotton picker. Cotton byproducts may be designated by an applicable cotton mill term.

(d) "Cotton felt" means a filling material made of, or a mixture of, staple cotton, cotton linters or cotton by-products, and garnetted or carded and used in layer form. The term does not apply to felt scrapes, stuffed or blown-in the manner as un-felted fibers.

(e) "Cotton fiber" means cotton by-products.

(f) "Cotton liners" means the fibrous growth or lint removed from the cottonseed subsequent to the usual process of ginning.

(g) "Loose cotton" means cotton by-products.

(h) "Staple cotton" means the staple fibrous growth removed from cottonseed in the usual process of ginning (first cut from the seed).

(i) "Staple cotton felt" means cotton felt made entirely of staple cotton.

(2) Down

(a) "Adulteration" means the maximum content for certain components listed in paragraph (2) are not to be constructed to permit intentional adulteration of plumage products.

(b) "Cleanliness" means all plumage products shall have an oxygen number not exceeding twenty (20) grams of oxygen per one-hundred-thousand (100,000) grams of sample.

(c) "Down" means the undercoating of waterfowl, consisting of the light fluffy filaments "barbs" growing from one quill point but without any quill shaft.

(d) "Down fiber" means the detached barbs from down and plumules and detached barbs from the basal end of the waterfowl quill shaft which are indistinguishable from the barbs of down.

(e) "Down and feather blended products" means products that require qualified general labels (i.e., bedding tags - see 1200-23-7-.03(13) below) that shall include in parentheses the actual percentage of components.

1. The term "Down and Feathers" shall be used to designate any plumage product containing between fifty and seventy-four percent (50% - 74%) down and plumules. The actual percentages shall be stated on the label.

2. The term "Feathers and Down" shall be used to designate any plumage product containing between five and forty-nine percent (5% - 49%) down and plumules. The actual percentages shall be stated on the label.

3. The remainder of components in down and feather blended products normally consists of waterfowl feathers or down and small amounts of other components.

4. If these other components exceed the following maximums, the percentage of such components shall be disclosed on the label.

(i) Chopped, damaged or crushed feathers ................................... 2%

(ii) Down fiber ............................................................................. 10%

(iii) Feather fiber ........................................................................... 10%

(iv) Land fowl feathers ................................................................... 2%

(v) Quill feathers are not permitted

(vi) Residue .................................................................................... 2%

(f) "Labeling of down products" means any product labeled as "down", "duck down", or "goose down" shall contain a minimum of seventy-five percent (75%) down and plumules. The "down" label is a qualified general label and shall include in parentheses the minimum percentage of down in the product. The remainder normally consists of waterfowl feathers and small amounts of other components.

If the remainder components exceed the following maximums, the percentage of such components shall be disclosed on the label.

1. Chopped, damaged or crushed feathers ............................................ 10%

2. Down fiber ........................................................................................ 10%

3. Feather fiber ..................................................................................... 10%

4. Land fowl feathers ............................................................................ 10%

5. Residue ............................................................................................. 10%

(g) "Percentage claims" means a plumage product should not be designed as "100% Down", "All Down", "Pure Down" or by other similar terms unless it contains one-hundred percent (100%) down.

(h) "Plumule" means waterfowl plumage with underdeveloped soft and flaccid quill with barbs indistinguishable from those of down.

(i) "Species" means the specie of waterfowl plumage need not be designated, but when designated, the product shall contain a minimum of ninety percent (90%) of such plumage.

(j) "Waterfowl feather products" means any industrial product labeled as "waterfowl feathers", "duck feathers", "goose feathers", shall contain a minimum of eighty percent (80%) waterfowl feathers.

If the remaining twenty percent (20%) exceeds the following component maximums, the percentage of such components shall be disclosed on the label.

1. Down ............................................................................................... 20%

2. Down fiber ........................................................................................ 10%

3. Chopped, damaged & crushed feathers .............................................. 7%

4. Feather fiber ........................................................................................ 5%

5. Land fowl feathers .............................................................................. 5%

6. Residue ............................................................................................... 2%

Plumage products, which do not meet requirements for any of the above categories, shall be labeled accurately with each component listed separately.

(3) Feathers

(a) "Chicken feathers" means feathers of any kind of chicken, which are whole in physical structure, with natural form and curvature of the feather.

(b) "Chopped feathers" means feathers, which have been chopped or cut into pieces.

(c) "Crushed feathers" means feathers, which have been processed by a curling or crushing machine, which has changed the original form of feathers, without removing quill.

(d) "Damaged feathers" means feathers, other than crushed, chopped, or stripped, which have been materially broken, damaged by insects, or depreciated from their original value in any manner.

(e) "Duck feathers" means feathers of any kind of duck, which are whole in physical structure, with natural form and curvature of the feather.

(f) "Feathers" means distinctive light, horny epidermal outgrowths that form the external covering or plumage of birds.

(g) "Feather fibers" means barbs of feathers stripped from quills and separated into individual or disconnected barbs.

(h) "Feather mixtures" means feathers from two or more species of origin in a mixture shall be designated by name, character and percentage by weight of each constituent in order of predominance, or mixtures may be designated by lowest grade as to specie of origin. (Grades in descending order: goose, duck, and turkey, chicken).

(i) "Goose feathers" means feathers of any kind of goose, which are whole in physical structure, with natural form and curvature of the feather.

(j) "Labeling of feathers" means all definitions shall include applicable adjunctive words as to specie of origin. E.g., crushed chicken feathers or goose feather fibers.

(k) "Marabou fibers" means fibers from the soft, fluffy feathers of turkeys.

(l) "Nestling feathers" means an immature feather with a long sheath, bushy appearance, bi-dimensional and relatively stiff fibers emanating from sheath.

(m) "Quills" means main shaft of axis of feathers.

(n) "Quills feathers" means wing and tail feathers of any fowl.

(o) "Residue feathers" means quill pith, quill fragments, trash or foreign matter in the feather and down filling materials in excess of allowable limits as specified by the various state laws or regulations.

(p) "Stripped feathers" means barbs of feathers stripped from quill shaft but not necessarily separated into feather fiber.

(q) "Turkey feathers" means feathers of any kind of turkey, which are whole in physical structure, with natural form and curvature of the feather.

(r) "Waterfowl feathers" means goose or duck feathers, or any mixture thereof, which are whole in physical structure with the natural form and curvature of the feathers.

(4) Foam

(a) "Foam" means polymerized material consisting of a mass of thin-walled cells produced chemically or physically and shall be designated as "foam", together with the name of the organic base from which it was made, e.g., urethane foam, vinyl foam.

(b) "High resilience" means urethane foam.

(c) "Labeling of foam" means designating the form of urethane or vinyl foam, including pieces, shredded, cemented, and the term "used" or "secondhand" is required to be used in conjunction with definitions for "foam". The term "Urethane Foam Imbedded with Styrene Beads" must be used when applicable.

(d) "Molded styrofoam" means a molded styrofoam unit.

(e) "Neoprene foam" means foam produced from neoprene.

(f) "Olefin foam" means foam produced from olefin.

(g) "Polyurethane foam" means a permissible synonymous term for urethane foam.

(h) "Polyurethane foam beads" means a term for a filling material that has been processed into small round droplets usually from zero to one-half inch (0-1/2") in diameter.

(i) "Urethane foam" means a cellular urethane product that is created by the inter-action of an ester or an ether and carbamic acid derivative.

(j) "Urethane foam / High resilience" means urethane foam with a minimum density of 2.5 pounds (21/2 lbs.) per cubic foot, a minimum resilience of sixty percent (60%), and a minimum support ratio of 2.4.

(k) "Urethane foam skins" means the rough outer skin that forms on urethane foam buns during the curing process.

(l) "Vinyl Foam" means foam produced from vinyl.

(5) Hair

(a) "Curled Hair" means hair which has been curled by machine process. The origin of the hair shall be stated on the label and preceded by the word "uncurled".

(b) "Hair" means the coarse filamentous epidermal outgrowth of such mammals as horses, cattle, hogs and goats when used in the manufacture of bedding. It shall be clean, properly cured, free from epidermis, excreta and other foreign or objectionable substances and odors.

(c) "Hair classification" means hair further classified according to the body origin as horsetail hair, horse main hair, cattle hide hair, hog hair or goat hair.

(d) "Hair mixtures" means the hair of different animal origin used in blend or mixture. The kind and percentage, by weight of each shall be stated on the label. Where materials other than hair are used with hair in a mixture, the kind and percentage by weight of each material shall be stated on the label.

(e) "Labeling of hair" means designating as applicable, bleached, padded, rubberized or resin treated and/or coated; and the term "used" or "secondhand", is required to be used in conjunction with the definitions for hair on labels.

(f) "Uncurled hair" means hair not curled by machine process. Origin of the hair shall be stated on the label, preceded by the word "uncurled".

(6) Man Made Or Manufactured Fibers

(a) "Acetate fiber" means a manufactured fiber in which the fiber-forming substance is cellulose acetate. Where not less than ninety-two percent (92%) of hydroxyl groups are acetylated, the term triacetate may be used as generic description of the fiber.

(b) "Acrylic fiber" means a manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least eighty-five percent (85%) by weight of acrylonitrile units.

(c) "Azlon fiber" means a manufactured fiber in which the fiber-forming substance is composed of any regenerated naturally occurring proteins.

(d) "Glass fiber" means a manufactured fiber in which the fiber-forming substance is glass.

(e) "Labeling of man-made fibers" shall be used in conjunction with definitions of man-made fibers. Trade names are prohibited.

(f) "Metallic fiber" means a manufactured fiber composed of metal, plastic-coated metal, metal-coated plastic, or core completely covered by metal.

(g) "Modacrylic fiber" means a manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of less than eighty-five percent (85%), but at least thirty-five percent (35%) by weight, of acrylonitric units.

(h) "Nylon fiber" means a manufactured fiber in which the fiber-forming substance is any long chain synthetic polyamide having recurring amide groups.

(i) "Nytril fiber" means a manufactured fiber containing at least eighty-five percent (85%) by weight of long chain polymer of vinylidene dinitrile when the vinylidene dinitrile content is no less than every other unit in the polymer chain.

(j) "Olefin fiber" means a manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least eighty-five percent (85%) by weight of ethylene, propylene, or other olefin units.

(k) "Polyester fiber" means a manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least eighty-five percent (85%) by weight of any ester of a dihydric alcohol and terephthalic acid.

(l) "Polyester pneumacel" means a generic term for a polyester pneumatic cellular product.

(m) "Rayon fiber" means a manufactured fiber composed of regenerated cellulose, as well as manufactured fibers composed of regenerated cellulose in which substituents have replaced not more than fifteen percent (15%) of the hydrogens of the hydroxyl groups.

(n) "Saran fibers" means a manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least eighty percent (80%) by weight of vinylidene chloride units.

(o) "Spandex fiber" means a manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least eighty-five percent (85%) by weight of a segmented polyurethane.

(p) "Vinyl fiber" means a manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of least fifty percent (50%) by weight of vinyl alcohol units, and in which the total of the vinyl alcohol units and any one or more of the various acetal units is at least eighty-five percent (85%) by weight of the fiber.

(q) "Vinyon fiber" means a manufactured fiber in which the fiber-forming substance is any long chain synthetic polymer composed of at least eighty-five percent (85%) by weight of vinyl chloride units.

(7) Rubber

(a) "Labeling of rubber" means designating the form of latex foam or sponge rubber, including molded, pieces, shredded, cemented, and the term "used" or "secondhand" is required to be used in conjunction with definitions for "rubber". E.g., Shredded latex foam rubber.

(b) "Latex foam rubber" means a foam product made from rubber latex that previously has not been coagulated or solidified.

(c) "Rubber" means natural rubber and the following synthetic rubber-like materials: chloroprene, styrenebutadiene copolymers, butadiene-acrylonitrile copolymers, polymerized isobutylene, with or without comonomers present, and thioplasts (any of the polysulfide rubbers consisting of organic radicals linked through sulfur).

(d "Sponge Rubber" means a sponge product made from rubber that has previously been coagulated or solidified.

(8) Vegetable Fibers

(a) "Buckwheat hulls" means outer shell covering of the buckwheat seed (Fagopyrum).

(b) "Cattail plant fibers" means fibers obtained from the seedpod of tall reedy marsh plants having long flat leaves, typha latifolia (family typha-ceae).

(c) "Cellulose fiber" means wood or other vegetable growth reduced to fibrous state.

(d) "Coconut husk fiber" means coir.

(e) "Coir" means fibers obtained from husk or outer shell of coconut.

(f) "Estarto fiber" means fiber from either of two Spanish and Algerian grasses (Stipa tenacissima and Lygeum spartum).

(g) "Excelsior" means shredded thread-like wood fibers, not including waste products such as shavings, sawdust or similar wastes.

(h) "Flax fiber" means fiber derived from the plant of the genus Linum usitatissimum raised primarily for fiber.

(i) "Flax tow" means coarse, broken and refuse parts of flax separated from fine fibrous parts in preparing flax for spinning.

(j) "Hay" means any grass, properly dried or cured, free from dust, burrs, sticks or other objectionable matter.

(k) "Jute fiber" means fiber obtained from various species (Corchorus) of plants of the Linden family growing principally in India and east Indian Islands.

(l) "Jute pad" means a pad made of jute fibers.

(m) "Kapok" means fibers investing seed of kapok of tree (Ceiba pentranda).

(n) "Milkweed fiber" means a fibrous growth attached to seed within pods of milkweed (Aselepias).

(o) "Moss" means processed filaments of epephytic plants forming pendant tufts upon branches and trunks of live oaks and other trees.

(p) "Palm fiber" means a fiber material obtained from the leaf of the palm, palmetto or palmyra tree.

(q) "Sea grass" means dried fibrous material obtained from maritime plants or seaweeds; usually dried stems of eelgrass (Zistera marina).

® "Silk" means fine strong lustrous fiber produced by certain caterpillars (silk worms).

(s) "Sisal or sisal fiber" means fiber obtained from leaves of agave plants (Agave sisalana) and similar species of Agave.

(t) "Sisal fiber tow" means residual fibers left after extraction of spinnable sisal fiber from leaf.

(u) "Sisal fiber waste" means sisal fiber waste of cordage mills, including rope and cordage ends, but shall not contain knots and refuse.

(v) "Straw" means the stalk or stem of grain, such as wheat, rye, oats, rice, and the like, that, after thrashing, shall be free from chaff, heards, bristles, husks, glumes, dirt or other extraneous matter.

(w) "Tampico or tampico fibers" means the fiber obtained from leaves of various Mexican agave plants from Tampico, Mexico.

(x) "Tula or tula fiber" means a fiber obtained from leaves of the tula istle (Lophanta poseigeri) and similar species of Agave plants.

(9) Wool

(a) "Blended wool felt" means felt made of blended wool, a mixture of wool, wool by-products, wool wastes and tanners wool. Blended wool felt may be designated as blended wool batting, blended wool batts or by the particular terms applicable to each of the constituents in order of predominance by percentage of weight.

(b) "Blended wool mixture" means wool blends.

(c) "Wool or virgin wool" means the fleece of sheep or lamb, which has been scoured or scoured and carbonized. It shall not be the by-product of any process of manufacture or sustained prior use, and shall be free from kemp and vegetable matter.

(d) "Wool by-products" means the wool fibers removed from various machine operations necessary in the manufacture of wool yarn, up to but not including the process of spinning, and includes the following products designated in wool mill terms: wool drawn laps, wool card waste, wool card strips and wool doffer wastes.

(e) "Tanners wool" means wool reclaimed from tanned sheepskin.

(f) "Wool batt or wool batting" means wool felt.

(g) "Wool blends" means mixtures of wool, wool by-products, wool wastes and tanners wool shall be designated by term applicable to each constituent present, expressed in order of their predominance by percentage of weight, or the mixture may be designated "blended wool" when permissible or authorized by law or regulation of a state.

(h) "Wool felt" means felt made of wool that has not been the by-product of any process of manufacture. Terms may be applied synonymously.

(i) "Wool waste" means other by-products and wastes of machines from any process of manufacture employing only new wool fibers not included in definition for "wool by-products", and shall include wool pills, shank and tag wools.

Tenn. Comp. R. & Regs. 1200-23-07-.02

Original rule filed October 22, 2004; effective January 5, 2005.

Authority: T.C.A. §§ 4-5-202, 4-5-204, and 68-15-201 et seq.