Certain product types sold in Oklahoma must comply with local product regulations, covering permits, labeling, and product liability. Keep reading to learn more about compliance requirements applicable to beddings, e-cigarettes, and other consumer products.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Oklahoma. 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 Regulation Act
The Oklahoma Statutes Title 63 introduce the Bedding Regulation Act, which covers mattresses and other bedding items. The act sets out the requirements for the sale of bedding items, such as the manufacturing permit and secondhand material treatment.
The act defines bedding as “any mattress, upholstered spring, sleeping bag, pillow or other items that are principally used for sleeping”, which also includes dual-purpose furniture such as couches and sofa beds.
Here are some examples of covered products:
- Sleeping bags
- Sofa beds
The Act covers the sale of bedding items’ requirements such as the following:
a. Before selling bedding items in Oklahoma, manufacturers should submit a bedding permit application form to the Oklahoma State Department of Health, and obtain the necessary permits
b. Second-hand bedding products are required to be cleaned and treated according to the Oklahoma germicidal treatment requirements
c. Manufacturers that sell more than 100 bedding articles per quarter (400+ per year) should file a yearly report of the number of bedding articles manufactured, renovated, sold, or germicidal treated
d. Manufacturers that sell less than 100 bedding articles per quarter should purchase a bedding stamp from the Oklahoma State Department of Health, and place them on the bedding label tags
Manufacturers are required to have a permit for different types of bedding products. Below we outline the requirements for the permit registration, renewal, and fees.
The manufacturing permit is required for all companies that sell, lease, or imports bedding products in Oklahoma. For example, a bedding items wholesaler should acquire a manufacturing permit before distributing bedding items.
The Germidical permit is applicable for second-hand bedding products’ manufacturers or sellers, as second-hand bedding products are required to be cleaned and treated with germicidal.
Note that you need a manufacturing permit if your second-hand bedding products have been treated by a different facility.
In order to apply for either the manufacturing and germicidal permit, companies need to fill in the Bedding Permit Application, mail two copies of the label and pay the fee. The Protective Health Services Department will review the application and mail the permit to the address listed on the application form.
Here is the application mailing address:
Oklahoma State Department of Health
Consumer Health Service
PO Box 268815
Oklahoma City, OK 73126-8815
Permit Renewal and Cancellation
Both manufacturing and germicidal permits expire the June 30 of each year, and applicants need to fill in again the Bedding Permit Application to renew their permits. Applicants should also receive a reminder approximately 60 days prior to the expiration of the permits.
If your facility no longer manufacturers or sells bedding items, then you can request your permit to be canceled. In that case, you must provide written notification to the following email address: [email protected] – Oklahoma State Department of Health.
When applying for the permits, applicants also need to mail the appropriate payment based on the permit types. Below we list the permit or renewal fee for both manufacturing and germicidal permit:
- Initial Manufacturing Permit – $5
- Renewal Manufacturing Permit – $5
- Initial Germicidal Treatment Permit – $25
- Renewal Germicidal Treatment Permit – $5
- Initial Both Permits – $30
- Renewal Both Permits – $10
The Oklahoma Statutes Title 63 set out a general provision for the sale of e-cigarettes, such as e-vapes and e-pipes. The Statutes cover sales prohibitions, and the minimum required age for buyers.
The statutes define an e-cigarette as any noncombustible product containing nicotine in a solution or other form (e.g vapor cartridge or other containers). Here are some examples of covered products:
- Electronic cigars
- Electronic vapes
- Electronic pipes
The statutes set out the requirements for the sale of e-cigarettes as below:
a. Manufacturers, distributors, or sellers should not offer or sell any e-cigarette products to persons under age 21
b. The statutes prohibit the sale of nicotine products through vending machines
c. No person should offer or distribute any e-cigarettes within 300 feet of any playground, school, or other youth-centered facilities
Product Liability Act
The Oklahoma Statutes Title 12 introduces the Product Liability Act, which covers most consumer products. It focuses on product liability due to defective products that might cause personal injury, death, or property damages.
The Product Liability Act covers most consumer products sold in Oklahoma, such as:
- Jewelry products
- Children’s toys
Under the Product Liability Act, a person can file a claim against damages caused by defective products in the following situations:
a. The product is inherently unsafe (e.g defective designs)
b. The injury was caused by a failure to provide adequate warnings or information
Manufacturers should provide sufficient information on the product label. Here is are some information that should be added to the label:
- User instruction
- Product description
- Manufactures contact information
- Warning statement (if applicable)
- Compliance statement (if applicable)
Manufacturers’ products should not pose any danger or cause damage to the customers. Therefore, manufacturers should contact a reputable testing company to assess the safety of their products.
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