45
Do Not Remove This Tag! Law Label Update for US and Canada November 19, 2009
Do Not Remove This Tag! Law Label Update for US and Canada
November 19, 2009
2Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
AGENDA►
Verification of Law Label –
U.S. vs. Canada
►
Product Case Studies
Pillow
Floor Pillow/Seat Cushion
Seasonal Decorations
►
Feather and Down Labeling
–
Overview by Wilford Lieber
Standard Disclosure
Sectional and Chambered Disclosure
Claim Review
BUREAU VERITAS SOFTLINES WEBINAR: Law Label Update for US & Canada
Presenters:
Ellen Roaldi, Softlines Technical Services, Bureau Veritas
Heather Webb, Softlines Technical Services, Bureau Veritas
Webinar Panel:
Guest Speaker:Wilford Lieber,President, IDFL
(International Down & Feather Laboratory)
Verification of a Law Label – U.S. vs. Canada
4Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Verification of a Law Label – U.S.
►
U.S. Law Label: Purpose
►
Regulators: State regulated
►
Uniform Requirements:
Agreed upon label format for acceptance between states.
►
Format:
Label requirements for furniture and bedding products -
Page 2
Visit the IABFLO website at: http://abflo.info/usa_labels/bedding_furniture_file
s/USAULL%20Bedding%20Furniture.pdf
Label reprinted with the permission of the International Association of Bedding and
Furniture Law Officials (IABFLO)
5Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Law Labels – U.S. – Other Formats
U.S. Law Label & Flammability (California only)
Toy
Feather & Down
Labels reprinted with the permission of the International Association of Bedding and Furniture Law Officials (IABFLO)
6Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Verification of a Law Label - Canada
►
Canada Stuffed Article Label: Purpose
►
Regulators: Provincial requirement
►
Uniform Requirements
►
Format - Please refer to the Canada websites as follows:
•
Permitted labels for each Province:
Ontario:http://www.tssa.org/regulated/upholstered/default.asp
http://www.tssa.org/regulated/upholstered/labels/default.asp
Quebec:http://www2.publicationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=2&file=/M_5/M5_A.html
http://www.mdeie.gouv.qc.ca/index.php?id=3646
Manitoba:http://web2.gov.mb.ca/laws/regs/pdf/p210-078.04.pdf
http://www.canlii.org/en/mb/laws/regu/man-reg-78-2004/latest/man-reg-78-2004.html
7Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Law Labels – Canada – Other Formats
►
Visit the Technical Standards & Safety Authority website at http://www.tssa.org/regulated/upholstered/labels/
for additional label formats:
Form 1: http://www.tssa.org/CorpLibrary/ArticleFileMain.asp?Instance=
136&ID=CDBF2FEE1A3E48BFA05DF8E27A4D099E
Form 2: http://www.tssa.org/CorpLibrary/ArticleFileMain.asp?Instance=
136&ID=CCD1FD3FAC08466C9685B5F31ECC8837
Form 3: http://www.tssa.org/CorpLibrary/ArticleFileMain.asp?Instance=
136&ID=9B4E754F6FC04AD182B62896D4FDD67D
8Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Additional Products Requirements – U.S.
U.S. Home Soft Products
Upholstered Furniture
Filled Bedding Toys Baby Items
Examples Sofas, chairs, ottomans
Comforters (for example)
Note: product specific
Stuffed plush animals and stuffed toys
Car seats (for example)
Note: product specific
Law Label All states which regulate
AZ, AK, CA, CO, CT, DE, Detroit, Dist.of
Columbia, HI, IN, MD, MA,, MN, MO, NV,
NH,NJ, NC,OH, OK, PA, RI, TN,TX, UT,
VA, VT, WI, WV
MA, PA, OH CA, CT, Detroit, MA, OH, PA, RI,
UT, VA, WV
Flammability Cal TB 116/117
CA ONLY CA ONLY N/A CA ONLY -
Included as
children’s products
Net weight Foundations, futons and other similar articles –
CA
Mattresses, sleeping bags and pads -
CAN/A N/A unless those
mentioned
Date of Delivery CT, Detroit, MA, RI, VA, WV
CA N/A N/A
REGISTRATION AND FEE
Most states which regulate
Those states which regulate
Those states which regulate
Those states which regulate
9Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Similarities – U.S. and Canada
General Similarities for label requirements between U.S. and Canada
►
Property Standard
Purpose: To disclose the hidden filling material
Registration is required with fee
State or province may recall product or stop sale
Fiber includes requirement for generic name in order of predominance for disclosures
Must disclose filling material; if feather and down, it must be sterilized
Covers many of the same types of products from state to state/province to province.
Hidden filling material to be disclosed in the center of the label. All other filling materials in the “other information”
section.
Standard size required for format
10Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Differences – U.S. and Canada (cont…)
General Differences for label requirements between U.S. and Canada
Property U.S. Canada Scope Limited to: upholstered furniture, baby
items, toys/children’s products, home textiles and filled jackets and slippers (Utah only), pads.
Same as U.S. but also includes product such as slippers, seasonal decorations and hobby crafts.
Law/regulation scope
31 states with 15 states requiring registration with slight differences in scope
3 provinces with slight differences in scope
Filling material schedules
Generally follows ABFLO guidance TSSA provides schedule of allowable terms
Name and address of manufacturer
Some states require name of manufacturer, importer, distributor or vendor
Name and address of manufacturer, importer, distributor or retailer if desired
Additional requirements
Some states require: extra length for bar code, finished size/weight (based on product), special treatments of filling materials, stamp tag, date of delivery
Quebec requires French translation to be listed first.
Allows labels to be made from linen or of muslin material
11Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Law Label Differences – U.S. and Canada (…cont)
General Differences for label requirements between U.S. and Canada
Property U.S. Canada Label format Per Country Uniform Label Per Provincial Label
Flammability label California Flammability label may be attached
Flammability label is not required
Product Case Studies
13Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Case Study – Decorator Pillow
► U.S.
Requires a law label and be registered
► Canada
In this case, this is considered to be a regulated item that requires a stuffed article label.
Disclosure requires:•
Hidden filling material be disclosed in order of predominance by volume
•
Registered disclosure is required in French/English language if sold in Quebec
14Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Case Study - Floor Pillow/Seat Cushion
► U.S.
Product is large enough to be either a decorator pillow or a floor cushion, depending on the advertising and actual use of this product. The other is a seating cushion.
If it is determined to be a floor cushion, then it must comply to TB117 (for California), and a law label must be provided for all regulated states.
► Canada
Both products require labeling and registration
15Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Case Study – Seasonal Decoration
► U.S.
Berries on the wreath are not regulated or need to be registered
► Canada
Berries on the wreath are regulated or need to be registered
16Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Case Study – Various Items
17Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
Summary
►
States and country requirements vary based on product.
►
Marketing and description affects amenability.
►
Requires all new filling materials to be included. If filling is
feather and down, product must be sterilized.
►
Provides a uniform label accepted by all states (except PA). For
Canada, stuffed article tag is accepted between Provinces.
►
U.S. law label cannot be accepted by Canada and vice versa.
Feather and Down Labeling - Overview
Down & Feather Down & Feather LabelingLabeling
The USA Law Tag label for down and The USA Law Tag label for down and feathers has unique requirements.feathers has unique requirements.
Unique Elements of the USA Down & Feather Law Tag Label
UNDER PENALTY OF LAW THISTAG NOT TO BE REMOVED
EXCEPT BY CONSUMER
ALL NEW MATERIALCONSISTING OF
GOOSE DOWN(MINIMUM 75% DOWN)
CONTENTS STERILIZEDREG. NO 1234 (CN)
PER. NO PA 6789 (TX)
““CONTENTS STERILIZEDCONTENTS STERILIZED””
This term must appear on all down and This term must appear on all down and feather law tag labels.feather law tag labels.
Why?Why? Certain states required the term Certain states required the term and all states encourage or allow the term.and all states encourage or allow the term.
What is the meaning of What is the meaning of ““CONTENTS STERILIZEDCONTENTS STERILIZED””
This means that the down and feathers were This means that the down and feathers were sterilized at a temperature of 120sterilized at a temperature of 120°°C (250C (250°°F) for F) for 30 minutes after washing.30 minutes after washing.
This process ensures that all organic matter This process ensures that all organic matter including bacteria and viruses are destroyed on including bacteria and viruses are destroyed on the surface of the feathers.the surface of the feathers.
PER. NO.PER. NO. (STERILIZATION PERMIT NUMBER)(STERILIZATION PERMIT NUMBER)
The Permit Number must appear on law tags. The Permit Number must appear on law tags.
The Sterilization Permit Number is owned by the The Sterilization Permit Number is owned by the factory that washes and sterilizes the down and factory that washes and sterilizes the down and feathers. Many of these plants are in China.feathers. Many of these plants are in China.
IDFL is an authorized agent of the State of IDFL is an authorized agent of the State of Pennsylvania to inspect factories worldPennsylvania to inspect factories world--wide for wide for sterilization permit application.sterilization permit application.
DOWN & FEATHER DOWN & FEATHER LABEL DISCLOSURESLABEL DISCLOSURES
CompositionComposition
ColorColor
SpeciesSpecies
DOWN & FEATHER COMPOSITIONDOWN & FEATHER COMPOSITION GENERAL LABELGENERAL LABEL
One of four general labels must appear on the law tag:One of four general labels must appear on the law tag:
DOWNDOWN DOWN AND FEATHERSDOWN AND FEATHERS FEATHERS AND DOWNFEATHERS AND DOWN FEATHERSFEATHERS
The general label also guides how the product must be The general label also guides how the product must be labeled in packaging and advertising.labeled in packaging and advertising.
DOWN & FEATHER COMPOSITIONDOWN & FEATHER COMPOSITION SUBSUB--LABELLABEL
The subThe sub--label discloses the percentage of down, label discloses the percentage of down, feathers and other components.feathers and other components.
If down is If down is at least 75% at least 75% -- the subthe sub--label only label only includes the down component.includes the down component.
Example: Example: DOWNDOWN(MINIMUM 75% DOWN)(MINIMUM 75% DOWN)
DOWN & FEATHER COMPOSITIONDOWN & FEATHER COMPOSITION SUBSUB--LABELLABEL
If the down cluster is If the down cluster is between 5% and 74%between 5% and 74% the subthe sub--label is formed as follows:label is formed as follows:
Examples:Examples:
DUCK DOWN AND DUCK FEATHERSDUCK DOWN AND DUCK FEATHERS(60% DOWN, 40% FEATHERS)(60% DOWN, 40% FEATHERS)
WATERFOWL FEATHERS & DOWNWATERFOWL FEATHERS & DOWN(95% FEATHERS, 5% DOWN)(95% FEATHERS, 5% DOWN)
DOWN & FEATHER COMPOSITIONDOWN & FEATHER COMPOSITION SUBSUB--LABELLABEL
If down cluster is If down cluster is less than 5%less than 5% no subno sub--label label is required. is required.
Example: Example: GOOSE FEATHERSGOOSE FEATHERS(no sub(no sub--label needed)label needed)
DOWN & FEATHER COMPOSITIONDOWN & FEATHER COMPOSITION COLORCOLOR
Color is an optional disclosure. Color is an optional disclosure.
Examples: Examples: GREYGREY GOOSE FEATHERSGOOSE FEATHERSWHITEWHITE DUCK DOWNDUCK DOWN
DOWN & FEATHER COMPOSITIONDOWN & FEATHER COMPOSITION SPECIESSPECIES
Species is an optional disclosure for down. Species is an optional disclosure for down.
Feathers must be labeled as either duck/goose or Feathers must be labeled as either duck/goose or waterfowl/waterfowl/landfowllandfowl..
The specie disclosure should be included in the The specie disclosure should be included in the General Label.General Label.
DOWN & FEATHER COMPOSITIONDOWN & FEATHER COMPOSITION SPECIESSPECIES
Examples: Examples:
GOOSEGOOSE DOWNDOWN(MINIMUM 75% DOWN)(MINIMUM 75% DOWN)
DUCKDUCK DOWN & DOWN & DUCKDUCK FEATHERSFEATHERS(65% DOWN, 35% FEATHERS)(65% DOWN, 35% FEATHERS)
DOWN & DOWN & WATERFOWLWATERFOWL FEATHERSFEATHERS(50% DOWN, 50% FEATHERS)(50% DOWN, 50% FEATHERS)
GOOSEGOOSE FEATHERS & FEATHERS & DUCKDUCK DOWNDOWN(70% FEATHERS, 30% DOWN)(70% FEATHERS, 30% DOWN)
DOWN & FEATHER COMPOSITIONDOWN & FEATHER COMPOSITION Other ComponentsOther Components
The USAThe USA--2000 Standard and the ASTM 4522 2000 Standard and the ASTM 4522 require disclosure of other components if they require disclosure of other components if they exceed the following limits.exceed the following limits.
DOWN FIBERDOWN FIBER Maximum 10%Maximum 10%
FEATHER FIBERFEATHER FIBER Maximum 10%Maximum 10%
RESIDUERESIDUE Maximum 2%Maximum 2%
BROKEN FEATHERSBROKEN FEATHERS Max 7% of feather portionMax 7% of feather portion
LANDFOWLLANDFOWL Max 5% of feather portionMax 5% of feather portion
DOWN & FEATHER COMPOSITIONDOWN & FEATHER COMPOSITION Other ComponentsOther Components
Examples of how to label:Examples of how to label:
DOWN AND FEATHERSDOWN AND FEATHERS60% 60% DOWNDOWN20% 20% FEATHERSFEATHERS12% 12% FEATHER FIBERFEATHER FIBER5% 5% RESIDUERESIDUE3% 3% BROKEN FEATHERSBROKEN FEATHERS
DOWN & FEATHER COMPOSITIONDOWN & FEATHER COMPOSITION Canadian vs. USA RulesCanadian vs. USA Rules
USA USA CANADACANADA% Down is labeled exactly% Down is labeled exactly
(If filling is labeled 50% down, a (If filling is labeled 50% down, a minimum of 50% down is required.)minimum of 50% down is required.)
% Down has a 25% tolerance% Down has a 25% tolerance
(If filling is labeled 50% down, only (If filling is labeled 50% down, only 37.5% down is required)37.5% down is required)
Max Residue = 2%Max Residue = 2%Max Max LandfowlLandfowl
= 5% feather part= 5% feather partMax Residue + Max Residue + LandfowlLandfowl
= 5%= 5%
Must follow USA label formMust follow USA label form Must follow Canada label formatMust follow Canada label format
DOWN & FEATHER COMPOSITIONDOWN & FEATHER COMPOSITION Canadian RulesCanadian RulesLABELLABEL Minimum Minimum
Down %Down %DownDown 75.00 %75.00 %95% Down, 5% Feather95% Down, 5% Feather 71.25 %71.25 %90% Down, 10% Feather90% Down, 10% Feather 67.50 %67.50 %80% Down, 20% Feather80% Down, 20% Feather 60.00 %60.00 %50% Down, 50% Feather50% Down, 50% Feather 37.50 % 37.50 % 20% Down, 80% Feather20% Down, 80% Feather 15.00 %15.00 %
CLEANLINESSCLEANLINESS
All down and feather products require:All down and feather products require:
Oxygen Oxygen below 10below 10 and and
Turbidity Turbidity below 10.0 NTUbelow 10.0 NTU (>300mm in glass tube)(>300mm in glass tube)
If a product is labeled If a product is labeled ““Hypoallergenic or Hypoallergenic or SuperSuper--CleanClean, etc, etc””
then then
Oxygen must be Oxygen must be below 5below 5 andand
Turbidity must beTurbidity must be
below 7.0below 7.0 (>500 mm in glass tube)(>500 mm in glass tube)
CHAMBEREDCHAMBERED PRODUCTSPRODUCTS
Special Labeling Required for products with multiple Special Labeling Required for products with multiple chambers that have different fillings.chambers that have different fillings.
The weight of each chamber must be disclosed in The weight of each chamber must be disclosed in percentage form.percentage form.
Example:Example:80% INNER CHAMBER: GOOSE FEATHERS80% INNER CHAMBER: GOOSE FEATHERS20% OUTER CHAMBER: GOOSE DOWN20% OUTER CHAMBER: GOOSE DOWN
(MINIMUM 75% DOWN)(MINIMUM 75% DOWN)
BLENDEDBLENDED PRODUCTSPRODUCTS
Special Labeling Required for products with blended Special Labeling Required for products with blended materials of different origin.materials of different origin.
The percentage weight of each material must be The percentage weight of each material must be disclosed.disclosed.
Example:Example:60% POLYESTER60% POLYESTER20% GOOSE DOWN AND GOOSE FEATHERS20% GOOSE DOWN AND GOOSE FEATHERS
(55% DOWN, 45% FEATHERS)(55% DOWN, 45% FEATHERS)
TERMS NOT ALLOWEDTERMS NOT ALLOWED
The IABFLO organization of state bedding enforcement The IABFLO organization of state bedding enforcement officials do not allow the following terms on the law label officials do not allow the following terms on the law label or on packaging or advertising:or on packaging or advertising:
SYNTHETIC DOWNSYNTHETIC DOWN
CURLED FEATHERSCURLED FEATHERS
100% DOWN100% DOWN
100% FEATHERS100% FEATHERS
““DOWNDOWN”” (with no sub(with no sub--label label –– even on jackets a even on jackets a subsub--label is required)label is required)
PACKAGING & ADVERTISINGPACKAGING & ADVERTISING
IABFLO members agree that packaging and advertising IABFLO members agree that packaging and advertising must be consistent with the official law tag label. must be consistent with the official law tag label.
For example, a product with a 50% Down and 50% For example, a product with a 50% Down and 50% Waterfowl label cannot be packaged or advertised as a Waterfowl label cannot be packaged or advertised as a DOWN product.DOWN product.
State Officials have successfully required point of sale State Officials have successfully required point of sale advertising and packaging to be changed to match the advertising and packaging to be changed to match the GENERAL LABEL statement.GENERAL LABEL statement.
Which Products Must UseWhich Products Must Use Labeling System?Labeling System?
Both the FTC and the IABFLO organization of state Both the FTC and the IABFLO organization of state officials require the USAofficials require the USA--2000 labeling system on all 2000 labeling system on all products filled with down and feathers. products filled with down and feathers.
BEDDING PRODUCTSBEDDING PRODUCTSOUTERWEAR (Jackets, Vests, etc.)OUTERWEAR (Jackets, Vests, etc.)SLEEPING BAGSSLEEPING BAGSHOTEL & INSTITUTIONAL PRODUCTSHOTEL & INSTITUTIONAL PRODUCTS
WHO WHO ENFORCES ENFORCES LABELING LAWS?LABELING LAWS?
Individual State Government Individual State Government Officials Officials (IABFLO)(IABFLO) (California, (California, Pennsylvania, Connecticut, Pennsylvania, Connecticut, Virginia, North Carolina, Ohio, Virginia, North Carolina, Ohio, Utah) are currently active in Utah) are currently active in enforcement efforts.enforcement efforts.
The The FTCFTC can investigate a can investigate a labeling complaint. labeling complaint.
The American Down and Feather The American Down and Feather Council Council (ADFC)(ADFC) has a compliance has a compliance program to enforce label program to enforce label standards.standards.
43Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
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44Bureau Veritas Consumer Products Services - Softlines Law Labeling Webinar - November 19, 2009
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