Utah R70-101 Notice of Emergency (120-Day) Rule

Vol. 1402 | 29 Mar 2024

In response to the growing trend of online sales in bedding, upholstered furniture, and quilted clothing, the Utah Department of Agriculture and Food introduced rule modifications in April 2023. These changes aimed to clarify that the law label requirements outlined in R70-101 apply to both online and brick-and-mortar sales. Subsequently, the Department engaged in discussions with major furniture manufacturers, who provided feedback about their difficulty in following the rule for online sales.

Recognizing the negative impact on business within Utah if the rule remains unchanged, with manufacturers potentially opting not to sell their products in the state, on February 2, 2024, the State of Utah issued a Notice of Emergency, signaling its intent to amend the requirements. The temporary repeal of the requirements mainly eliminates the references to online sales from Sections R70-101-2, R70-101-3, and R70-101-18. The emergency rule change comes with a 120-day review period, after which further action will be taken as required, aiming to maintain consistency in the industry, and considering the complex nature of made-to-order furniture manufacturing.  

The emergency rule would be applicable only to bedding and upholstered products, and no changes will be made to the requirements of textile labels for quilted clothing. Therefore, online labels will still be required for quilted clothing.

The following is the link to the recently updated rule: Notice of Emergency (120-Day) Rule.

For questions, please contact Andrew Loveland (andrew.loveland@intertek.com) and Harini Ramaswamy (harini.ramaswamy@intertek.com).