Selling products in Arizona sometimes require compliance with local safety standards, substance regulations, labeling, and other compliance requirements. In this guide, we explain what you must know about standards and other compliance requirements applicable to batteries, bedding products, and product liability.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Arizona. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
Sale of Lead Acid Batteries
The Arizona Statutes Title 44-1323 sets out the requirements for the sale of lead-acid batteries. The statutes include disposal, labeling, and charging fees requirements.
Lead-acid batteries are among the oldest generations of acid batteries, and they can be found in a wide variety of products. For example, they are still commonly used in small-scale power storage systems such as lighting or automobile ignitions.
Here are some specific examples of products that use lead-acid batteries:
- Uninterruptible power supply (UPS) system
- Emergency lighting
- Ignition power sources for automobiles
- Solar panels
The statutes regulate the sales of lead-acid batteries as below:
a. It’s unlawful to dispose of motor vehicle batteries or other lead-acid batteries in landfills or any unauthorized site
b. Lead-acid batteries’ sellers should not charge any fee to receive lead-acid batteries
c. Lead-acid batteries’ sellers are required to accept used lead-acid batteries when a person purchases a new lead-acid battery
d. Each person who purchases a new lead-acid battery should be assessed a fee of not more than fifteen dollars per battery by the seller
e. Recycling labels should be affixed on Lead-acid batteries
The statues require recycling labels on the lead-acid batteries as below:
a. All sold acid batteries should bear a universally accepted recycling symbol.
b. Advertisement or other printed promotional materials related to the sale of lead-acid batteries should contain the following notice in bold print:
“A fee is imposed on the purchase of each new lead-acid battery unless a used battery is returned where applicable.”
In order to enhance public health and safety for consumers, Arizona Laws 36-769 aim to regulate the sales and distribution of both new and secondhand bedding items.
- Box springs
- Upholstered chairs
- Upholstered couches
- Sleeping bags
The laws focus on bedding items requirements including:
- Sufficient labeling
- Prohibited use of certain materials
- Sterilization, disinfection, and disinfestation of bedding and materials
Bedding products should bear a clear and visible label or tag on the products, and include the following information:
- Manufacturers’ information
- Warning statements (if applicable)
- Recycle labels
- Material information
Prohibited use of certain materials
These laws prohibit the use of material from dump grounds, junkyards, or hospitals within or outside Arizona. No company should use these materials to manufacture, repair, or renovate bedding items and sell them in Arizona.
Sterilization, disinfection, and disinfestation of bedding and materials
The laws require that secondhand material items, including component parts and wiping rags, must be treated, cleaned, and disinfected before the sale. Also, sellers are responsible to ensure that there is no potential spread of any infectious or contagious diseases in their bedding items.
In addition, sellers should remove the outer fabric, the inner foam, the pad, and any other fabric of the secondhand bedding items, and inspect each item for soiling, malodor, and pest infestation before the sale or distribution.
Arizona Laws 36-769 set out the different labeling requirements for “new material” bedding items and “second-hand material” bedding items.
In general, companies should not manufacture, repair, renovate or sell any item of bedding (new or secondhand material), if there is no clear tag made of substantial cloth or a material of equal quality.
The tag should at least include the information as below:
- The name and address of the manufacturer or distributor
- The manufacturer’s registration or license number (if applicable)
- The kind and grade of each material used in filling (in percentages by weight)
Below are the additional labeling requirements for new material and secondhand material:
All new material bedding items
a. Bedding manufacturers should attach a white tag not less than six square inches in black ink in English.
b. The “All New Material” should not be less than one-eighth inch in height.
Secondhand material bedding items
a. Bedding manufacturers should attach a white tag not less than twelve square inches in black ink in English.
b. The “Secondhand Material” lettering should not be less than one-fourth inch in height.
c. Secondhand bedding items should bear an additional yellow tag not less than twelve square inches, and include the information below:
- Statement of the treatment and the method
- The lot number and the tag number
- The license number of the person that applied the treatment
- The responsible treatment person name and address
Product Liability – Arizona Revised Statutes
The Arizona Revised Statutes Title 12 Chapter 12 establish the general provision on product liability. Under the statutes, manufacturers are responsible for the injuries and property losses caused by the product non-compliance or defects, such as poor design or lack of warnings.
The statutes apply to a wide range of consumer products, including the following:
- Electronic products
- Textile products
- Children’s products
- Jewelry’s accessories
- Medical devices
Manufacturers are liable to indemnify the buyers if the products are defective or unreasonably dangerous. The law recognizes three basic types of defects as follow:
- Design defects (e.g sharp edges)
- Manufacturing defects (e.g poor assembly)
- Marketing defects (e.g insufficient labeling)
Manufacturers should avoid any foreseeable defect that could cause injuries to the consumers. Otherwise, buyers and consumers are entitled to take actions such as the following:
- Request a product recall
- Make product liability claims
Manufacturers are liable to provide proper labeling on products that might cause injury or death to the users, such as:
- Clear product instructions
- Safety warnings or statement
- Manufacturers information
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|Product Liability – Arizona Revised Statutes||Link|