Vol. 1356 | 30 May 2023

On April 4, 2023, Utah updated its R70-101 Code, also known as the Utah Rule 101: Bedding, Upholstered Furniture, and Quilted Clothing. This code establishes the standards, practices, and procedures for the manufacture, repair, sale and distribution of bedding, upholstered furniture, quilted clothing products, and filling material.

The main purpose of this update is to enhance the regulation of online sales. Ultimately, these measures are intended to ensure that consumers in Utah have access to the legally required law label when purchasing products online.

Section

Type of Revision

Revision

R70-101-2

Added new definitions

  • “Online Retailer” means any person who advertises and markets via the internet and another electronic network.
  • “Textile Label or Label” means a tag attached to a quilted clothing product that provides information required in 16 CFR Parts 300, 301, 303 and this rule.
  • Replaced the word product with bedding or upholstered furniture in point 3.

R70-101-3

Bolded words have been added

  • This rule shall apply to any person engaged in the business of manufacturing, retailing, online retailing, wholesaling, processing, repairing, sterilizing, and selling items of bedding, upholstered furniture, quilted clothing, and filling material, regardless of their point of origin

R70-101-9

Added date and requirement on label conspicuousness

  • Added year for Federal textile labeling rule; 16 CFR 303: added November 5, 2020 version; 16 CFR 300, 301 and 303: added October 19, 2017 version
  • Added Point 5 emphasizing on the conspicuousness of the label- The textile label shall be easily accessible to the consumer for examination before purchase.’

R70-101-12

Added requirement on label conspicuousness

  • Added the term “before purchase” at the end of the sentence. The law label shall be easily accessible to the consumer for examination before purchase.

R70-101-18

Changes to retailer responsibilities have been made

  • Specified that retailer responsibilities apply to online retailers as well.
  • Emphasis is on conspicuousness of the label for consumer prior to purchase.
  • Requires that the importer from whom the retailer purchases a product has a valid permit with the department.

Utah aims to protect online consumers by granting them access to the law label, prior to purchase of items. However, Utah acknowledges certain challenges associated with satisfying this. Their goal is to address these challenges and to make adjustments accordingly to the R70-101, while still regulating online sales. The anticipated changes will be communicated online in the foreseeable future.   

The updated Utah Rule R70-101 can be found here.

For questions, please contact Harini Ramaswamy (harini.ramaswamy@intertek.com), or Pankaj Sarda (pankajkumar.sarda@intertek.com).

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