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Terms Used In Utah Code 4-10-107

  • Article: means bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102
  • Bedding: means a:
         (2)(a) quilted, packing, mattress, or hammock pad; or
         (2)(b) mattress, boxspring, comforter, quilt, sleeping bag, studio couch, pillow, or cushion made with a filling material that can be used for sleeping or reclining. See Utah Code 4-10-102
  • Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
  • Filling material: means cotton, wool, kapok, feathers, down, shoddy, hair, or other material, or a combination of materials, whether loose or in bags, bales, batting, pads, or other prefabricated form that is, or can be, used in bedding, upholstered furniture, or quilted clothing. See Utah Code 4-10-102
  • Label: means the display of written, printed, or graphic matter upon a tag or upon the immediate container of a bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102
  • New material: includes :
              (7)(b)(i) by-products from a textile mill using only new raw material synthesized from a product that has been melted, liquified, and re-extruded; and
              (7)(b)(ii) down and feather that has been sterilized in accordance with the department's rules made under Sections 4-10-103 and 4-10-113. See Utah Code 4-10-102
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Quilted clothing: means a filled garment or apparel, exclusive of trim used for aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in whole or in part from filling material and sold or offered for sale. See Utah Code 4-10-102
  • recycled material: means material that has been reprocessed from reclaimed material by means of an accepted manufacturing process and made into a final product or into a component for incorporation into a product as defined by rule by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 4-10-102
  • Retailer: means a person who sells bedding, upholstered furniture, quilted clothing, or filling material to a consumer for use primarily for personal, family, household, or business purposes. See Utah Code 4-10-102
  • Tag: means a card, flap, or strip attached to an article for the purpose of displaying information required by this chapter or under rule made pursuant to it. See Utah Code 4-10-102
  • Upholstered furniture: means portable or fixed furniture, except fixed seats in motor vehicles, boats, or aircraft, that is made in whole or in part with filling material, exclusive of trim used for aesthetic effect. See Utah Code 4-10-102
  • Used: means an article that has been sold to a consumer and has left the store. See Utah Code 4-10-102
     (1)(a) The manufacturer, retailer, or repairer shall securely tag bedding, upholstered furniture, and filling material.
     (1)(b) A tag shall be at least six square inches and plainly and indelibly labeled with:

          (1)(b)(i) information as the department requires by rule;
          (1)(b)(ii) according to the filling material type, the words “All New Material,” “Secondhand Material,” or “Owner’s Material,” stamped or printed on the label; and
          (1)(b)(iii) the word “USED” stamped or printed on the label of a used mattress.
     (1)(c) A label shall be placed on the article in such a position as to facilitate ease of examination.
(2)

     (2)(a) If more than one type of filling material is used in an item, the percentage, by weight, of each component part shall be listed in order of predominance.
     (2)(b) If a descriptive statement is made about the frame, cover, or style of the article, the statement shall, in fact, be true.
     (2)(c) Quilted clothing shall be tagged and labeled in conformity with the Federal Textile Fiber Products Identification Act, 15 U.S.C. Secs. 70 through 70i.
(3) A person, except the purchaser, may not remove, deface, or alter a tag attached according to this chapter.
(4) A used mattress shall be tagged with the word “USED,” in accordance with rules established by the department.
(5) The retailer of a used mattress shall display the mattress so that the “USED” tag is clearly visible to a customer.
(6)

     (6)(a) For items containing down or feather, a manufacturer, retailer, or repairer may use the terms “reclaimed,” “reclaimed material,” “recycled,” or “recycled material” on a tag attached to the item if the item contains reclaimed or recycled material as defined in Section 4-10-102.
     (6)(b) If a term allowed under this Subsection (6) is included on a tag, a manufacturer, retailer, or repairer shall:

          (6)(b)(i) indicate whether an item is “new” or “used” as defined in this chapter; and
          (6)(b)(ii) comply with Subsection (2).