36-796.02. Labeling of bedding required

A. A person shall not manufacture, repair, renovate or sell, or have in the person's possession with intent to sell, any item of bedding, unless there is securely attached a clearly visible tag made of substantial cloth or a material of equal quality and attached at the factory.

B. Bedding manufactured in whole from all new material shall have securely attached a white tag not less than six square inches on which is plainly stamped or printed in black ink in English:

1. "All New Material" in lettering not less than one-eighth inch in height.

2. The name and address of the manufacturer or distributor.

3. The manufacturer's registration or license number if the manufacturer is registered or licensed in another state.

4. The kind and grade of each material used in filling, expressed in percentages by weight when mixed.

C. Bedding manufactured in whole or in part from secondhand material shall have securely attached a red tag not less than twelve square inches on which is plainly printed in black ink in English:

1. "Secondhand Material" in lettering not less than one-fourth inch in height.

2. The name and address of the manufacturer.

3. The manufacturer's registration or license number if the manufacturer is registered or licensed in another state.

D. Subsection C does not apply to bedding reworked, repaired or renovated for the owner for the owner's own use.

E. Bedding renovated, reworked or repaired for the owner, for the owner's use and from the owner's material, which is in whole or in part secondhand, shall have securely attached a green tag not less than six square inches on which is plainly printed in black ink in English:

1. "Not for Sale, Owner's Own Material that is Secondhand Material" in lettering not less than one-eighth inch in height.

2. The name and address of the renovator.

3. The name and address of the owner.

F. A person shall not make any false or misleading statements on the tag required by this section.  A person shall not remove, deface, alter or cause to be removed, defaced or altered any tag or statement contained on the tag for the purpose of violating any provision of this article.  The placing of material or marks over any lettering on the tag is a defacement of the tag.