Certain products sold in Ohio must be compliant with local safety standards, substance restrictions, labeling, and other compliance requirements. In this guide, we introduce product safety requirements for bedding items, stuffed toys, and other consumer products in the state of Ohio.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Ohio. 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.
Bedding and Stuffed Toys
The Ohio Revised Code Title 37 Chapter 3713 sets out the requirements for bedding and stuffed toys. It includes labeling, registration, and laboratory testing requirements.
The revised code covers both bedding and stuffed toys, as below.
Bedding products include upholstered furniture, mattresses, and other articles, to be used for sleeping, resting, or reclining purposes.
Here are some examples of covered products:
- Box springs
- Upholstered chairs
- Upholstered couches
- Sleeping bags
Stuffed toys include articles intended for use as a plaything or for an educational or recreational purpose that is wholly or partially stuffed with the material.
Here are some common stuffing materials used in toys:
- Synthetic fiber
- Wood wool
- Plastic pellets
A company that imports, manufactures, renovates, wholesales, makes, or reupholsters stuffed toys or bedding items in Ohio must register with the superintendent of industrial compliance. The registration fee costs 50 USD per company. Upon receipt of the application and the appropriate fee, the superintendent will assign a registration number to the applicant.
The code also sets out labeling and lab testing requirements for stuffed toys or bedding items.
The code requires that no company should manufacture, sell, or distribute any falsely labeled stuffed toys and bedding items in Ohio. Also, every stuffed toy or bedding item should have a label permanently affixed that include at least the information below:
- Conformity statement
- Registration number
- Manufacturer’s information
- Secondhand material tag (if applicable)
- Other information as required by the superintendent
The above labeling requirement does not apply to:
a. The sale of furniture more than fifty years old
b. The sale of furniture from the home of the owner directly to the purchaser
c. Products sold by a person who is not regularly engaged in the business of toys or bedding products sales (ie. sales less than 100 items per year)
Instead, they should attach a label to each stuffed toy or bedding item that contain all of the following information:
- The person’s name and address
- A statement that the person is not registered by the state of Ohio
- A statement that the contents of the product have not been inspected
The code requires that manufacturers or wholesalers of bedding items or stuffed toys should conduct tests for determining the material content of their products. Also, the laboratory should be designated by the superintendent of industrial compliance.
The superintendent of industrial compliance may even appoint inspectors and periodically inspect and investigate any establishment where bedding or stuffed toys are manufactured or sold.
Universal Waste Container Labeling Requirements
The Ohio Environmental Protection Agency sets the labeling requirements for universal waste, which is considered hazardous waste generated by many industries. The labeling requirements aim to prevent the universal waste release to the environment.
The requirements apply to four types of universal waste as below:
- Discarded batteries
- Mercury-containing equipment
The labeling requirements are identical for all types of universal waste:
a. Each universal waste, container, and package must be marked with the words “Universal Waste [Product Name]”, for example, “Universal Waste Batteries and Universal Waste Pesticides”.
b. Each universal waste, container, and package must be marked with the accumulation time on the label, which means the earliest date of receiving the wastes.
Computer and Electronic Component Recyclers Program
The Ohio Environmental Protection Agency (EPA) sets out a hazardous waste program concerning the recycling of computer and electronic components.
In general, they encourage businesses to recycle electronic equipment as it can contain hazardous materials and do harm to the environment during disposal. This program remains voluntary and does not have the force of law.
The program covers most electronic products such as:
- Fax machines
Cathode Ray Tubes (CRTs), which can be found in flat-panel displays such as LCD and plasma display, are regulated differently than other electronic equipment. Businesses should refer to the Ohio Administrative Code (OAC) rules 3745- 51-38 to 41 for more information.
This program provides guidelines for the management of electronic waste from businesses. Below we outline some code of practices of electronic waste management:
a. Recycle electronic equipment that is no longer in use
b. Donating equipment for reuse
c. Send the equipment to a reputable recycler
d. Research the recycling facility to determine if it has any compliance problems
If electronic equipment is not recycled properly, companies and recycling facilities are liable for clean-up costs.
In addition, the program also recommends companies conduct lab testing for electronic products, which we will explain in the next section.
Ohio’s EPA recommends that companies should conduct a toxicity characteristic leaching procedure (TCLP) on their electronic products, which is designed to determine the mobility of substances present in waste.
Ohio Lemon Law
The Ohio Lemon Law focuses on the warranty of assistive technology devices, such as wheelchairs. It gives protection to consumers who purchase defective assistive devices, for example, it sets out the responsibilities of defective devices manufacturers.
This law covers devices that are used to increase, maintain or improve the functional capacities of an individual, which include products such as below:
- Optical scanners
- Assistive listening devices
- Motorized scooters
- Voice synthesized computer modules
Products with similar functions might also be covered by the Ohio Lemon Law.
The lemon law establishes the requirements for the sale of vehicles and other assistive technology devices as below:
a. Manufacturers, agents, or their authorized dealers of the motor vehicles are liable to make any repairs during the period of one year following the date of original delivery, or during the first 18,000 miles of operation.
b. Manufacturers, agents, or their authorized dealers are liable to refund the full purchase price including all other collateral and finance charges incurred by the consumer.
c. Manufacturers, agents, or their authorized dealers are liable to replace a new device for the consumers.
Product Liability Law
The Ohio Revised Code 2307.71 sets out general provisions on product liability including claims against manufacturers. In general, manufacturers are liable for any foreseeable risks associated with their products.
The Ohio Product Liability Law applies to consumer goods. Here are some examples:
This law allows people to file claims if they are hurt by defective products, that is to initiate is a legal action to recover damages from defective products such as physical injuries or damage to property.
The law identifies four main defects that consumers are eligible to file a claim:
- Manufacturing defects
- Design defects
- Failure to warn
- Failure to conform to representations
Product liability claims can only be filed two years from the date of injury.
Manufacturers are responsible to provide sufficient information on the product label, in order to avoid confusion and dangers to consumers.
As such, you might need to add information such as the following to the label:
|Bedding and Stuffed Toys||Link|
|Universal Waste Container Labeling Requirements||Link|
|Computer and Electronic Component Recyclers Program||Link|
|Ohio Lemon Law||Link|
|Product Liability Law||Link|