Sec. 345.022. LABELS ON BEDDING MADE OF NEW OR SECONDHAND MATERIAL  


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  • (a) A label required under this section shall be attached at the factory in which the bedding is manufactured.

    (b) A label attached to bedding wholly manufactured from new material must be at least six square inches and state, plainly stamped or printed in ink:

    (1) "All New Material" in lettering at least one-eighth inch high;

    (2) the kind and grade of each material used in the filling and, if more than one kind or grade of material is used, the percentage, in descending order, by weight of each material; and

    (3) the manufacturer's permit number assigned by the department.

    (c) A label attached to bedding any part of which is manufactured from secondhand or recycled material, other than bedding reworked, repaired, or renovated for the owner for the owner's personal use, must be at least 12 square inches and state, plainly stamped or printed in ink:

    (1) "Secondhand or Recycled Material" in lettering at least one-fourth inch high; and

    (2) the manufacturer's permit number assigned by the department.

    (d) A label attached to bedding renovated, reworked, or repaired for the owner for the owner's personal use and from the owner's material that is in whole or in part secondhand must be at least six square inches and state, plainly stamped or printed in ink:

    (1) "Not for Sale, Owner's Own Material which is Secondhand Material" in lettering at least one-eighth inch high;

    (2) the name and address of the owner; and

    (3) the manufacturer's permit number assigned by the department.

    (e) A term used on a label required by this section to describe kinds and grades of material used in filling must conform to those defined in the department's rules, and a trade or substitute term may not be used.

    (f) The department may adopt rules that:

    (1) require that the label state conformity with burn resistant material requirements or identify any chemical treatment applied to the bedding; and

    (2) exempt from the requirements of this section a custom upholstery business that does not repair or renovate bedding for resale.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1055, Sec. 4, eff. Sept. 1, 1997.