(a) Label requirement.
(1)
- (A) The minimum size of the label shall not be less than two inches by three inches (2” x 3”), but may be larger as need demands.
- (B)
(i) All printing shall be in the English language, and the color of the print shall be black on a white label.
(ii) The minimum type size shall be one-eighth inch (1/8”) in height in capital letters for the "Under Penalty of Law" section and the "All New Material" section.
(iii) The label material shall be Tyvek, Valeron, vellum cloth, or a material of comparable quality, which shall not flake out when abraded.
- (iv) There shall be no printing on the back of the law label.
(C)
- (i) The description of the filling materials shall be the true generic name, grade, or definition.
- (ii) When more than one (1) kind of filling is used, the percent by weight of each shall be listed in order of their predominance.
- (D) The name and address of the manufacturer, importer, distributor, or vendor shall be listed.
(E)
- (i) Other information includes compliance requirement by United States Customs and Border Protection requirements to state "Made In.....".
- (ii) If a product is made in the United States, either in whole or part of imported materials, the law label shall disclose these facts.
- (F) The label shall be securely affixed to the article in a location which is clearly visible to the consumer.
- (2) All bedding manufactured, renovated, sanitized, or sold by a seller within the state shall bear a clear and conspicuous label that explicitly states whether the bedding is made from all new materials or is made in whole or in part from secondhand materials.
- (3) The label on bedding made from all new materials shall be white in color and shall state "ALL NEW MATERIAL".
(4)
- (A) The label on bedding made in whole or in part from secondhand materials shall be yellow in color and shall state, "SECONDHAND MATERIALS".
- (B) The repairer or renovator of any bedding that is subsequently sold shall affix the secondhand material label which shall be attached to the bedding before delivery to the owner.
- (5) All bedding containing material that is sanitized, germicidally treated, or cleaned in accordance with Arkansas Code § 20-27-2703(e)(1) shall bear a clear and conspicuous label that states the following: "THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS THAT HAVE BEEN CLEANED AND SANITIZED IN AN APPROVED MANNER TO KILL GERMS AND INSECTS AND TO PREVENT INFECTION."
(6) In addition, such label shall state:
- (A) The specific methods of sanitizing, germicidal treatment, or cleaning applied;
- (B) The date on which the article was sanitized, treated, or cleaned;
- (C) The name, address, and permit number of the person applying the sanitizing or cleaning; and
- (D) Specifically, which materials or articles have been sanitized, treated, or cleaned.
(7) The labels shall also comply with rules adopted by the Department of Health regarding:
- (A) Label dimension;
- (B) Format;
- (C) Informational content;
- (D) Wording;
- (E) Letter size;
- (F) Material;
- (G) Means of placement and affixing to the bedding; and
- (H) Other relevant factors.
- (8) Labels required by this section shall be permanently affixed.
(b) A person shall not remove, deface, or alter in whole or in part a label or any statement on a label with the intent to defeat the provisions of this section.
(c) A person shall not make a false or misleading statement on any label required under Arkansas Code § 20-27-2702.
- (d) The Secretary of the Department of Health shall approve the form and size of labels, the fabric, of which the labels are made, and the wording and statements on labels provided for under Arkansas Code § 20-27-2702.
- (e) Labels required under Arkansas Code § 20-27-2702 shall be securely attached to the article of bedding or filling material at the site of the manufacturer in a conspicuous place where the label can be easily examined.
- (f) Labels required by this section shall have printing only on one (1) side.
- (g) Advertising matter shall not be placed on any label or any other printed matter not required by the provisions of Arkansas Code § 20-27-2702.
(h) The following statements and headings shall be shown on labels:
- (1) "UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER" shall appear at the top of the label;
- (2) Headings shall read "All New Material" when the bedding material is wholly new material;
- (3) "Secondhand Material" when the bedding material in whole or in part is comprised of secondhand material;
- (4) Description of filling material as provided in the applicable rules shall be included on the label;
- (5) The registry number assigned or approved by the department shall be included on the label;
- (6) Certification by the manufacturer that the materials in this article are described in accordance with law shall be included on the label; and
- (7) For renovated articles, the name and address of the owner.