US State Product Safety Standards and Regulations: An Overview

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US State Product Safety RegulationsUS importers and manufacturers are oftentimes not only required to ensure compliance with federal level requirements – but also those that apply on a state level. This guides serves as a broad overview of US state level regulations concerning chemicals and heavy metals, flammability, children’s product safety and more.

We do not cover every state, nor do we cover all product compliance related regulations in the listed US states. Additionally, we published separate articles for the following three US states:

Note: This guide is a compilation of articles published in 2021. Note that we have not updated or checked the information since the initial publications in 2021. Some information may be outdated.


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Alabama

Alabama Safe Foods Act

The Code of Alabama section 20 provides a general provision on the adulteration and misbranding of food, drug, and cosmetic products.

Product Scope

The code covers food, drug, and cosmetic products as defined below.

Food

The definition includes articles of food, drink, confectionery, or condiment intended for use by humans or domestic animals. Here are some examples of covered products:

  • Meats
  • Biscuits
  • Snacks
  • Canned foods

Drugs

This includes United States pharmacopeia recognized medicines that are intended for use of cure, mitigation, or prevention of disease. Here are some examples of covered products:

  • Aspirins
  • Antihistamines

Cosmetics

This includes articles that are intended to be applied to the human body for cleansing, beautifying, or altering the appearance. Here are some examples of covered products:

  • Perfumes
  • Fingernail polishes
  • Lipsticks

Requirements

The code sets out the general requirements for foods, drugs, and cosmetics as below:

a. No person should sell or manufacture any article of foods, drugs, and cosmetics that is adulterated or misbranded (e.g. false product information)

b. The code requires that food, drugs, and cosmetic products should bear a legible and permanent label on the product or its packaging

c. The standards of purity and quality of cosmetics should comply with the State Board of Agriculture and Industries Department

d. The sale of food products requires a food safety permit from the Alabama Department of Public Health

Labeling

Food, drug, and cosmetic products should include a permanent and legible label on the product or its packaging. The label should include information such as:

  • Product information
  • Manufacturer’s contact information
  • Best before dates (if applicable)
  • Warning statement (if applicable)

Alabama Fire Code

The Fire Code of Alabama sets out flame spread requirements for furniture, mattresses, and decorative materials used in new or existing buildings.

Product Scope

The code covers furniture, furnishings, and decorative materials used in new or existing buildings. Here are some examples of covered products:

  • Mattresses
  • Couches
  • Paints
  • Curtains
  • Interior walls
  • Interior finish

Requirements

The code provides compliance requirements for different materials or products as listed below:

a. Interior finish should be tested in accordance with ASTM E-84 standard

b. Interior wall or ceiling finishes should be tested in accordance with NFPA 286 standard

c. The fire-retardant coating’s flame spread index should comply with NFPA 703 standard

d. In general, foam plastic materials should not be used as interior wall and ceiling finish

e. Upholstered furniture should be tested in accordance with NFPA 261, ASTM E1537, or California Technical Bulletin 133 standards

f. The components of upholstered furniture should be tested in accordance with NFPA 260 standard

g. Mattresses should be tested in accordance with ASTM E1590 or California Technical Bulletin 129 standards

h. Upholstered furniture and mattresses should carry an adequate label on the products

Labeling

The code requires that upholstered furniture and mattresses should carry a permanently affixed label on the products, which should include the following information:

  • Product SKU
  • Manufacturers contact
  • Compliance statements
  • Material contents
  • Warning statement (if applicable)

Alabama E-cigarette Regulations

The Alabama Code sections 28, 40, and 13A set out the requirements for the sale of e-cigarettes. It covers topics such as the definition of e-cigarette, liquid nicotine containers’ packaging, age restriction, and retail license.

Product Scope

The Alabama Code defines an e-cigarette as an electronic device that uses a battery and heating element with an e-liquid or tobacco to produce a vapor that delivers nicotine.

Here are some examples of covered products:

Requirements

The code sets out requirements for e-cigarettes, including the following:

a. Liquid nicotine containers of e-cigarettes should be sold in child-resistant packaging

b. The sale of e-cigarettes is prohibited to persons under the age of 21

c. Retail businesses of e-cigarettes should not be located within 1,000 feet of a school, church, public library, or other youth-centered facilities

d. Retailers should obtain a retail license or permit from the board for each location of distribution

e. Retailers of e-cigarettes should display the following signs at the point of sale:

THE USE OF SOME VAPING DEVICES MAY INCREASE YOUR RISK OF EXPOSURE TO POTENTIALLY TOXIC LEVELS OF HEAVY METALS SUCH AS LEAD, CHROMIUM, AND NICKEL.

WARNING: PRODUCTS OFFERED FOR SALE IN THIS STORE CONTAIN NICOTINE UNLESS OTHERWISE MARKED. NICOTINE IS A HIGHLY ADDICTIVE CHEMICAL WHICH CAN HARM BRAIN DEVELOPMENT IN CHILDREN AND ADOLESCENTS AND WHICH POSES SERIOUS HEALTH RISKS TO PREGNANT WOMEN AND THEIR BABIES.

Alabama Anti-Obscenity Enforcement Act

The Code of Alabama Title 13A sets out the Anti-Obscenity Enforcement Act, which provides requirements for the sale of most adult products in Alabama.

Product Scope

The act covers the sale of most adult products. Here are some covered product examples:

  • Adult books
  • Adult toys
  • Adult videos

Requirements

The act sets out the requirements for adult businesses, including:

a. The act prohibits the sale of any obscene material

b. Adult products or devices should not contain any harmful materials that cause health issues to the users

c. It’s unlawful to set up an adult store within 1,000 feet of a church, public park, school, or other youth-centered locations

d. It’s unlawful for any business to show human genital pictures in public areas such as the window at the shop

e. Any adult business should obtain applicable licenses from the county or municipality where the business is located

Product Liability Action

The code of Alabama Title 6 Chapter 5 Article 28 sets out the product liability actions against damages caused by defective products, such as claims and product recalls.

Product Scope

The Product Liability Action requirements apply to most consumer goods. Here are some examples:

Requirements

The code defines a defective product as a product that causes personal injury, death, or property damage due to reasons such as the following:

  • Defective design
  • Misleading labeling
  • Lack of warnings

The requirements include the following:

a. Manufacturers are responsible for any damages caused by defective products

b. Manufacturers of defective products should take remedy actions including product recalls or repair

c. Product liability actions must be commenced within one year of the injury, death, or property damage occurs

Labeling

Manufacturers are responsible for providing sufficient information on the product label, in order to reduce the risk of injury.

Therefore, information such as the following should be added to the product label and/or manual:

Learn More

Regulation Website
Alabama Safe Foods Act Link
Alabama Fire Code Link
Alabama e-cigarette Regulations Link
Alabama Anti-Obscenity Enforcement Act Link
Product Liability Law Link

Arizona

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 fee requirements.

Product Scope

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

Requirements

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

Labeling

The statutes require recycling labels on the lead-acid batteries as below:

a. All sold acid batteries should bear a universally accepted recycling symbol.

b. Advertisements 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.

Bedding Laws

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.

Product Scope

The laws set out the requirements for bedding products, which are defined as upholstered furniture, mattresses, and other stuffed products. Here are some examples of covered products:

  • Box springs
  • Mattresses
  • Upholstered chairs
  • Upholstered couches
  • Sleeping bags
  • Cushions

Requirements

The laws focus on bedding items requirements including:

  • Sufficient labeling
  • Prohibited use of certain materials
  • Sterilization, disinfection, and disinfestation of bedding and materials

Sufficient labeling

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.

Labeling

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

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.

Product Scope

The statutes apply to a wide range of consumer products, including the following:

Requirements

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

Labeling

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
  • Contacts

Learn More

Regulation Website
Sale of Lead Acid Batteries Link
Bedding Laws Link
Product Liability – Arizona Revised Statutes Link

Arkansas

Children’s Product Safety Act

The Children’s Product Safety Act of Arkansas sets up rules and standards for children’s cribs and their components. It requires that covered children’s cribs must comply with the designated federal or industrial safety standards before they are allowed to be sold in the market.

Product Scope

The Children’s Product Safety Act of Arkansas covers full-size and non-full-size children’s cribs. Full-size cribs are defined in 16 CFR 1508.3 – Requirements for Full-Size Baby Cribs as having:

a. Interior dimension: 71±1.6 cm wide and 133±1.6 cm long (measured between the innermost surfaces of the crib)

b. Rail height in its lowest position: The height of the rail measured from the top of the rail to the top of the mattress should be at least 22.8 cm

c. Rail height in its highest position: The height of the rail measured from the top of the rail to the top of the mattress support should be at least 66 cm

Non-full-size baby cribs include the following:

a. Portable cribs (cribs that are foldable or collapsible)

b. Crib-pens (the legs of the cribs may be removed or adjusted to become a playpen or play yard for children).

c. Specialty crib (cribs that are shaped circular, hexagonal, or other unconventional shapes that incorporate a special mattress or other non-conventional components)

d. Undersize cribs (ie. interior length < 126.3 cm, interior width < 64.3 cm, or both) e. Oversize cribs (ie. interior length > 139.7 cm, or interior width > 77.7 centimeters, or both)

Requirements

The Children’s Product Safety Act prohibits the sale or lease of unsafe children’s cribs. The criteria for unsafe products include the following:

a. The crib has been recalled by any agency of the federal government

b. The crib has been warned by any federal government agency that it contains safety hazards

c. The crib does not conform to relevant federal regulations and standards, such as:

1. 16 CFR 1508 – Requirements for Full-Size Baby Cribs

2. 16 CFR 1509 – Requirements for Non-Full-Size Baby Cribs

3. 16 CFR 1303 – Ban of Lead-containing Paint and Certain Consumer Products Bearing Lead-containing Paint

4. ASTM F 966-90 (corner post standard)

5. ASTM F 1169-88 (structural integrity of full-size baby cribs)

6. ASTM F 1822-97 (non-full-size cribs)

Rules and Regulations Pertaining to Labeling of Bedding and the Germicidal Treatment of Used Bedding

The bedding rules of Arkansas outlined the mandatory requirements for bedding products in Arkansas, such as mattresses, pillows, and cushions. The rules cover manufacturing, sanitizing, labeling, and selling requirements.

Product Scope

The requirements of the bedding rules apply to bedding products such as:

  • Mattresses
  • Upholstered springs
  • Studio couches
  • Comforters
  • Pads
  • Cushions
  • Pillows

Requirements

The bedding rules set up the labeling requirements for covered products. The rules also specify the sanitation methods for products that are made from used materials.

Labeling

The bedding rules require that all bedding products sold in Arkansas should bear a clear and conspicuous label including the following information written in English:

a. “ALL NEW MATERIAL”(if the product is made from all new materials. The tag shall be white in color)

b. Description of filling material by weight in descending order

c. The registry number assigned by the Arkansas Department of Health

d. The name and address of the manufacturer, importer, distributor, or vendor

e. Country of origin (e.g. Made in Vietnam)

f. The statement “UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER” should appear at the top of the label

The minimum size of the label is 2 inches by 3 inches. The label should be durable and not flake out when abraded. The label shall be made of Tyvek, Valeron, Vellum cloth, or a material of comparable quality.

Impact-Resistant Lenses Law

The Impact-Resistant Lenses Law of Arkansas sets up labeling and flammability rules for impact-resistant lenses sold in Arkansas, such as sunglasses or reading glasses.

Product Scope

The Impact-Resistant Lenses Law of Arkansas applies to products such as:

  • Reading glasses
  • Sunglasses
  • Protective glasses

Requirements

The Impact-Resistant Lenses Law requires that sellers of eyeglasses should provide a tag to the consumers indicating whether the lenses are impact-resistant or not. The impact-resistant lenses sold in Arkansas should meet the following minimum standards:

a. If the lenses are made of glass, the lenses shall be able to withstand the impact of a five-eighths inch (5/8”) steel ball dropped from a height of fifty inches (50”)

b. Plastic lenses or frames should have a slow-burning rate

c. Cellulose nitrate or materials having flammability characteristics close to cellulose nitrate are not allowed to be used to make lenses

d. Flammability of the materials should not be greater than that exhibited by cellulose acetate or acetate butyrate

Labeling

This law requires that eyeglasses sellers in Arkansas should provide a card, sticker, or tag indicating whether the lenses in the glasses are impact-resistant or not.

Blue Light or Blue Lens Cap Sales

The Blue Light or Blue Lens Cap Sales rule covers blue lights and blue lens caps used in emergency vehicles in Arkansas. It sets up sales restrictions and registration requirements.

Product Scope

The sales restriction of this rule applies to blue lens caps and blue lights.

Under this rule, blue lens caps are lens caps designed to be used by emergency vehicles to allow light to pass through the lens cap and create blue light.

Blue light means any device that emits a blue color of light and is designed for use by an emergency vehicle, and can be operated by the vehicle’s battery, the vehicle’s electrical system, or a dry cell battery.

Requirements

Under this rule, it is illegal to sell or transfer a blue light or blue lens cap to anybody who doesn’t qualify as a law enforcement officer or a county coroner. Before selling a blue light or blue lens cap, the seller should require the buyer to provide valid identification to prove that the buyer is a law enforcement officer or a county coroner.

Documentation

Sellers of blue light or blue lens caps should provide each sales record to the Department of Arkansas State Police.

e-Cigarette Regulations

The e-cigarette Regulations establish requirements regarding the packaging, purchase, and sales of electronic cigarettes in the State of Arkansas. The regulations cover both electronic cigarettes that contain nicotine content or do not contain nicotine content.

Product Scope

The Arkansas e-cigarette Regulations apply to electronic cigarettes such as e-cigars, e-pipes, and e-water pipes.

Requirements

The Arkansas e-cigarette Regulations forbid the sales or distribution of electronic cigarette products to anyone who is under the age 21 years.

E-liquid containers must be packed in child-resistant packaging according to 16 CFR, section 1700.20 of the Child Nicotine Poisoning Prevention Act.

Documentation

The e-cigarette Regulations require that anyone who sells or distributes electronic cigarettes must apply for a wholesale or retail sales permit from the Director of Arkansas Tobacco Control.

Manufacturers of electronic cigarettes in Arkansas must in addition register with the Secretary of the Department of Finance and Administration.

Arkansas Cigarette Fire Safety Standard Act

The Arkansas Cigarette Fire Safety Standards Act requires manufacturers of tobacco to register with the Arkansas Tobacco Control and apply for cigarette certification before they are allowed to sell their cigarettes in Arkansas. It also specifies the testing standards that should be adopted by manufacturers for testing purposes.

Product Scope

This act applies to all tobacco sold in Arkansas. It does not apply to electronic cigarettes.

Requirements

The Arkansas Cigarette Fire Safety Standards Act requires that manufacturers of tobacco must register with the Arkansas Tobacco Control and test their products in accordance with the most recent appropriate standards, e.g. ASTM E2187 – 20a Standard Test Method for Measuring the Ignition Strength of Cigarettes.

The manufacturers should also provide adequate information regarding their business and the products to be certified by the Arkansas Tobacco Control.

Documentation

Manufacturers of cigarettes must fill in the “Tobacco Products Manufacturer Certification Form” and provide information such as:

  • Company name
  • Address
  • Phone number
  • Web address
  • Facility and equipment identification

Product Liability Law

Manufacturers of consumer in Arkansas are responsible for the defects that might cause injury or loss to consumers.

Product Scope

The product liability applies to consumer products circulated in the market, such as:

  • Children’s jewelry
  • Adult’s jewelry
  • School supplies
  • Baby’s feeding bottles
  • Eyewear
  • Furniture

Requirements

Under the Arkansas product liability theories, a product liability action may be based on negligence or strict liability. Manufacturers may be sued by the consumers for their loss or injury due to the following factors:

a. Design defect (e.g. failure to design the product properly to avoid foreseeable dangers during the designing process)

b. Manufacturing defect (e.g. failure to assemble or inspect the product properly during the production process)

c. Marketing defect (e.g. failure to provide sufficient warnings or instructions)

Labeling

Manufacturers have the responsibility of providing sufficient warnings or instructions to the consumers in order to avoid damages.

Learn More

Regulation Website
Children’s Product Safety Act Link
Rules and Regulations Pertaining to Labeling of Bedding and the Germicidal Treatment of Used Bedding Link
Impact-Resistant Lenses Law Link
The Blue Light or Blue Lens Cap Sales Link
e-cigarette Regulations Link
Arkansas Cigarette Fire Safety Standards Act Link
Product Liability Law Link

Colorado

Hazardous Substances

The Colorado Revised Statutes Title 25 (Article 5, Part 5) set out hazardous substance requirements for children’s products and other consumer products. It prohibits the sale and distribution of products intended to be used by children and household products that are deemed too dangerous for the user because they contain substances that are:

  • Toxic
  • Corrosive
  • Irritant
  • Strong sensitizer
  • Flammable or combustible

It also sets labeling requirements for other consumer products that contain hazardous substances.

Product Scope

The statutes cover consumer products that contain hazardous substances, including:

  • Children’s products
  • Household products
  • General consumer products

Requirements

The statutes provide a general provision on children’s products and household products containing hazardous substances as below:

a. Children’s products and household products should not contain any banned substances that can cause public health issues unless they are exempted

b. Exempted children’s products – such as chemical sets – and household products should bear a label that includes safety warnings

c. Other consumer products containing hazardous substances should also bear a label, as detailed in the next section

d. The requirements of the statutes should not be less stringent than the Federal Hazardous Substance Act

Labeling

The label should provide sufficient information to users including the following items:

  • Manufacturer information
  • Warning statements
  • Precautionary instructions
  • User instructions

Here are some examples of warning statements:

a. “Keep out of the reach of children”

b. “Warning: This product contains flammable materials”

Prohibition on Personal Care Products Containing Microbeads

The Colorado Revised Statutes Title 25 (Article 5, Part 12) prohibits synthetic plastic microbeads in personal care products. Companies are not allowed to produce or manufacture any personal care products containing microbeads and sell them in Colorado.

Product Scope

The statutes cover personal care products that are intended to be applied to the human body for the following purposes:

  • Cleansing
  • Beautifying
  • Changing appearance

Here are some examples of covered products:

  • Skin moisturizers
  • Perfumes
  • Lipsticks
  • Fingernail polishes
  • Facial makeup

Requirements

The statutes require that no companies should produce or manufacture any personal care products that contain synthetic plastic microbeads.

Firefighting Foams and Personal Protective Equipment

The Colorado Revised Statutes Title 25 (Article 5, Part 13) set out requirements for firefighting foams and personal protective equipment (PPE), including substance restrictions, notification, and certification requirements.

Product Scope

The statutes cover:
a. Class B firefighting foam (designed for flammable liquid fires)
b. Firefighting personal protective equipment (e.g. clothing, shoes, and helmets)

Requirements

The statutes set out the requirement for firefighting foam and PPE as below:

a. Manufacturers should not produce or sell any class B firefighting foam that contains Per- and polyfluoroalkyl substances (PFAS)

b. Manufacturers of class B firefighting foam should submit a notification to the state government no less than one year prior to the sale and draft a certificate of compliance

c. Manufacturers of PPE are required to provide written notice to the purchaser if PFAS was added to the equipment

Documentation

The statutes require that manufacturers of Class B firefighting foam should draft a Certificate of Compliance (CoC) to attest that their products meet the requirements set out in Title 25 (Article 5, Part 13).

It also requires that manufacturers of firefighting PPE that contain PFAS should provide written notice to the purchaser, explaining that the product contains PFAS and the reason for which it contains them.

Bedding Act

The Bedding Act is under the Colorado Statutes Title 25 (Article 5, Part 3) covers most bedding items to be sold in Colorado and includes requirements of disinfection and labeling.

Product Scope

The act covers bedding products which are defined as any quilted pad, mattress pad, and other stuffed material products. Here are some examples of covered products:

  • Mattresses
  • Sleeping bags
  • Box springs
  • Pillows
  • Cushions

Requirements

The act sets out the requirements for bedding items including the following:

a. Companies should not include or sell any used material in bedding products without disinfection

b. Products should bear permanent labeling measuring at least two inches by three inches in size

Labeling

The statutes require legibly stamped or printed labels on bedding products, which should include the following information:

  • Manufacturer information
  • Material content
  • Secondhand material notification (if applicable)

Product Liability Actions

The Colorado Revised Code 2307.71 sets out general provisions on product liability actions such as liability claims, and it covers topics such as product misuse and innocent sellers.

Product Scope

The code applies to most consumer goods. Here are some examples of covered products:

  • Electric products
  • Food products
  • Children’s products
  • Textile products

Requirements

The code clarifies product liability in different scenarios as below:

a. Only the manufacturer of the product is liable for product liability, no product liability action should be commenced against the seller of the product

b. Manufacturers and sellers are not liable for the injury caused by product misuse

c. In any product liability action, it should be presumed that the product was not defective if the product has complied with relevant regulations

Learn More

Regulation Website
Hazardous Substances Link (Title 25, Article 5, Part 5)
Prohibition on Personal Care Products Containing Microbeads Link (Title 25, Article 5, Part 12)
Firefighting Foams and Personal Protective Equipment Link (Title 25, Article 5, Part 13)
Bedding Act Link (Title 25, Article 5, Part 3)
Product Liability Actions Link (Title 13, Article 21, Part 4)

Connecticut

Act Concerning Banning Bisphenol-A in Children’s Products and Food Products

Public Act No. 09-103 of Connecticut prohibits anyone from manufacturing, selling, offering for sale, or distributing any reusable food or beverage containers containing Bisphenol-A (BPA)

Product Scope

The requirements of this act apply to reusable food or beverage containers including, but not limited to the following:

This act does not cover disposable food or beverage containers.

Requirements

Public Act No. 09-103 of Connecticut prohibits the manufacture, sale, offer to sale, or distribution of any reusable food or beverage containers containing Bisphenol-A.

Prohibition on Children’s Jewelry Containing Cadmium

Section 21a-12d, General Statutes of Connecticut set a limit to the maximum allowable amount of cadmium in children’s jewelry to be 0.0075% by weight.

Product Scope

The requirement of this section applies to jewelry that is intended to be worn by children of 12 years old or younger, including the following items:

  • Charms
  • Bracelets
  • Pendants
  • Necklaces
  • Earrings
  • Rings
  • Brooches

Requirements

Section 21a-12d, General Statutes of Connecticut requires that no person shall manufacture, sell, offer to sell, or distribute in the State of Connecticut any children’s jewelry that contains an amount of cadmium higher than 0.0075% by weight.

Manufacture of Bedding and Upholstered Furniture

Chapter 420a, Title 21a of Connecticut General Statutes, Manufacturer of Bedding and Upholstered Furniture establishes rules for registration, selling, sterilization, and labeling of the bedding and upholstered furniture in Connecticut.

Product Scope

The requirements of this section apply to bedding and upholstered furniture containing filling materials and are intended to be used for sleeping, resting, sitting, or reclining. Such products include but are not limited to the following:

  • Mattress
  • Pillows
  • Cushions
  • Quilts
  • Bed pads
  • Comforters
  • Sleeping bags
  • Upholstered spring beds
  • Box springs
  • Davenports
  • Couches
  • Hammock pillows

Requirements

Chapter 420a requires that every manufacturer, Importer, or supply dealer of bedding and upholstered furniture must register with the Department of Consumer Protection and obtain a sales license before being allowed to sell in Connecticut. This license should be posted in the place of business of the license owner. The period of validity of this license is one year.

Labeling

Chapter 420a requires that every bedding or upholstered furniture offered for sale should be attached to it a tag containing the following information:

  • The name of the filling material(s)
  • A description of whether the filling material is new or secondhand
  • License number
  • The name and address of the manufacturer or supply dealer
  • The percentage by weight of each filling material

If the filling materials are secondhand, the tag should include the words “contents sterilized” and the permit number of the sterilizer.

Mercury Reduction and Education

The Connecticut Chapter 446m, Mercury Reduction and Education establishes rules on the manufacturer, use, sales, and distribution of certain mercury-added products.

Product Scope

The chapter covers products such as:

  • Mercury-added novelties
  • Fever thermometers
  • Dairy manometers
  • Mercury button cell batteries

Requirements

The chapter prohibits the sales and distribution of mercury-added products we introduce below.

Ban on mercury-added novelty

This chapter prohibits anyone from offering for sale or distributing any mercury-added novelties. A “mercury-added novelty” is defined as a mercury-added product intended mainly for personal or household enjoyment or adornment, including, but not limited to:

  • Footwear
  • Candles
  • Toys
  • Apparel
  • Figurines
  • Adornments
  • Games
  • Cards
  • Ornaments
  • Yard statues
  • Figures
  • Jewelry
  • Holiday decorations
  • Products intended for use as practical jokes

A product that includes a removable mercury button cell battery is not counted as a mercury-added novelty.

Manufacturers that produce or sell mercury-added novelties in Connecticut should notify retailers about the ban and provide them with instructions on how to dispose of the inventory.

Ban on mercury fever thermometers

The chapter prohibits anyone from offering for sale or distributing for promotional purposes mercury fever thermometers, excluding if prescribed by a physician.

Manufacturers of mercury fever thermometers shall provide the retailers, wholesalers, or other buyers with the following information:

  • Mercury content of the thermometers
  • Instructions on proper disposal
  • Methods on how to avoid breaking the item
  • Methods to proper cleanup when breakage occurs

Ban on mercury dairy manometers

The chapter prohibits anyone from offering for sale or distributing for promotional purposes mercury dairy manometers. Manufacturers of mercury dairy manometers should notify retailers of the ban and provide instructions on how to dispose of the inventory properly to avoid pollution.

Act Concerning the Use of Perfluoroalkyl or Polyfluoroalkyl Substances (PFAS) in Class B Firefighting Foam

Public Act No. 21-191 prohibits manufacturers from intentionally adding PFAS to Class B firefighting foam and food packaging.

Product Scope

Public Act No. 21-191 covers food packaging or packaging components that are intended to come in direct contact with any food or beverage. Examples of such food packaging include:

  • Sandwich wrappers
  • French-fry boxes
  • Deli paper
  • Take-out containers
  • Single-use plates
  • Food trays
  • Baking supplies

Requirements

The act is to repeal the currently executed regulation on food packaging materials, which restricts the concentration level of 6 types of heavy metals (lead, cadmium, mercury, or hexavalent chromium).

The new act prohibits manufacturers from intentionally adding PFAS into food packaging, or its components, and Class B firefighting foam. It also prohibits manufacturers of food packaging from replacing the materials with equal or greater hazards compared to the currently specific metals.

Product Liability Laws

The Product Liability Laws in Connecticut allow consumers to file a claim against companies based on the legal principles of negligence, strict liability, and breach of warranty. Manufacturers of consumer products are responsible to keep the products safe for consumers to use from the following or other relevant aspects:

  • Manufacture
  • Construction
  • Design
  • Formula
  • Preparation
  • Assembly
  • Installation
  • Testing
  • Warnings
  • Instructions
  • Marketing
  • Packaging
  • Labeling

Product Scope

The Product Liability Laws in Connecticut apply to products that are intended to be used by consumers, including:

  • Children’s products
  • Toys
  • Apparel and textiles
  • Footwear
  • Electronic and electrical products

Requirements

The laws allow for claims based on negligence, strict liability, and breach of warranty. A claimant has the right to sue a product manufacturer for his or her injury or loss due to the:

a. Design defect (i.e. the manufacturer failed to design or manufacturee the product in a proper way to avoid the unreasonable risk of threat or harm to the users)

b. Manufacturing defect (i.e. manufacturer using substandard materials; failure to monitor the manufacturing process; failure to train the workers properly; or failure to conduct a quality inspection after finishing production)

c. Marketing/warning defects (i.e. the product has insufficient warning labels or instructions for proper and safe use)

Labeling

Under the Product Liability Laws of Connecticut, manufacturers are responsible for providing sufficient warning information or instructions so that consumers use the products properly and safely.

Learn More

Regulation Website
Act Concerning Banning Bisphenol-A in Children’s Products and Food Products Link
Prohibition on Children’s Jewelry Containing Cadmium Link
Manufacture of Bedding and Upholstered Furniture Link
Mercury Reduction and Education Link
Act Concerning the Use of Perfluoroalkyl or Polyfluoroalkyl Substances (PFAS) in Class B Firefighting Foam Link
Product Liability Laws Link

Florida

Florida Drug and Cosmetics Act

The Florida Drug and Cosmetics Act provides uniform legislation to be administered in conformity with the Federal Food, Drug, and Cosmetic Act and certain sections of the Federal Trade Commission Act. It aims to prohibit the false advertisement and the adulteration of drugs, devices, and cosmetics.

Product Scope

As the title of the Florida Drug and Cosmetics Act has explicitly indicated, this act applies to:

  • Drug
  • Medical devices
  • Cosmetics

Requirements

This Act forbids the adulteration, misbranding and false labeling of drugs, medical devices, and cosmetics products to be sold in the State of Florida. The Florida Drug and Cosmetics Act inherit the Federal Food, Drug, and Cosmetic Act to a large extent. However, it requires a specific permit that must be obtained in the state.

Documentation

This Act requires that importers or manufacturers of prescription drugs, medical devices, and cosmetics must obtain a permit before they can operate in the State of Florida.

You can visit Section 499.012 of the Florida Drug and Cosmetic Act to access the complete requirements of the permit application.

Labeling

The act requires that the packaging for drugs, medical devices, and cosmetics should bear a label containing enough information for consumers to understand the origin, identity, ingredients, or other information of the product. This includes the following:

  • Name and place of business of the manufacturer, repackager, or distributor
  • Indication of the quantity of the contents in terms of weight, measure, or numerical count
  • Quantity ingredients (if applicable)
  • Directions for use (if applicable)
  • Pathological warning (if applicable)

The latest three items don’t apply to cosmetics, as outlined in section 499.009 of the act.

Bedding Label Act

The Bedding Label Act establishes labeling requirements for beddings products that are entirely made of or contain used materials.

Product Scope

Products covered under the Bedding Label Act are products that are made of leather or other materials that are used for the purpose of sleeping or reclining. These products include:

  • Mattresses
  • Box springs
  • Pillows
  • Cushions

Requirements

This act requires that any covered bedding product sold in the State of Florida containing previously used materials should bear a conspicuous label notifying the consumer of this fact. Notice that in this case “used materials” do not include new materials made of recycled materials.

Labeling

The Act requires that the label must be firmly stitched or attached to the bedding product in a conspicuous way. The dimension of this label is to be at least 1 by 2 inches. The label should contain a statement that the bedding product is made of or contains used materials and declare the amount of the used materials present in the bedding.

Toxics in Packaging Law

The Toxics in Packaging Law of Florida sets limits on the use of certain heavy metals contained in product packaging and its components.

Product Scope

This law covers consumer product packaging and food packaging. Examples of covered packaging include the following:

  • Carrying cases
  • Crates
  • Cups
  • Rigid foil
  • Trays
  • Wrappers
  • Bags
  • Tubs

In addition, packaging components and materials such as the ink, coating, paper label, closures, and other parts of the product packaging should also comply with the set limit specified by this law.

Requirements

This law prohibits the sales of the above-listed product packaging and food packaging materials containing more than 0.01% by weight of the following heavy metals:

  • Lead
  • Cadmium
  • Mercury
  • Hexavalent chromium

Documentation

According to this law, importers or manufacturers of product packaging or food packaging must prepare a Certificate of Compliance, which is a statement declaring that the package and packaging components comply with the heavy metal concentration requirements set forth by the law.

Importers or manufacturers of product packaging should keep a copy of the Certificate of Compliance for at least 3 years from the date of the last sale.

The Weights and Measures Act of 1971

The Weights and Measures Act of 1971 requires that product packaging of consumer products should contain information disclosing the identity, weight, and manufacturer’s information of the product.

Product Scope

This Act applies to product packages, which cover “any container or wrapping in which any commodity is enclosed for use in the delivery or display of that commodity to purchasers”. Here are some examples of covered product packages:

  • Packaging for apparel and textiles
  • Packaging for footwear
  • Packaging for leather goods
  • Packaging for gloves
  • Socks

Labeling

The Act requires that packages kept for the purpose of sale shall bear on the outside of the package the following information:

  • Commodity identity
  • Net quantity of contents in terms of weight, measure, or the count
  • Name and place of business of the manufacturer, packer, or distributor

Learn more

In the table below we provide links to access to the original text of the laws, acts or regulations we introduced above.

Regulation Website
Florida Drug and Cosmetics Act Link
Bedding Label Act Link
Toxics in Packaging Law Link
The Weights and Measures Act of 1971 Link

Georgia

Standards, Labeling, and Adulteration Of Drugs And Cosmetics

Georgia Code Title 26 sets out the labeling and adulteration requirements for food, drugs, and cosmetic products. In general, no company should manufacture, sell, or deliver any adulterated or misbranded drug or cosmetic products.

Product Scope

This code covers both drugs and cosmetics as defined below:

a. Cosmetics – The code defines a cosmetic as an article that can be applied to the human body (e.g. rubbed, sprayed), for the purpose of beauty, clean or similar.

Here are some product examples:

  • Facial makeups
  • Lipsticks
  • Skin moisturizers

b. Drugs – The code defines a drug as an article that is used for medical treatment purposes (e.g diagnosis, cure, prevention of disease).
Here are some product examples:

  • Aspirins
  • Antihistamines

Requirements

The code provides guidelines on how to determine when drugs and cosmetic products are deemed adulterated or misbranded. Also, it sets out the following requirements:

a. It prohibits manufacturers from selling, delivering, or holding any adulterated or misbranded drug, and cosmetic product

b. Drugs or cosmetic products should conform to the FDA requirements when applicable.

c. It introduces specific labeling and advertising requirements for drugs used as an antiseptic

Labeling

For any drug product that includes the warning “Caution: Federal law prohibits dispensing without prescription“, sellers should indicate the name and address of the manufacturer on the label. Also, when the drug is manufactured by an affiliated or subsidiary company of the distributor, its name and address should be included on the label.

For antiseptic drugs, sellers should include the word “Germicide” on the label, except for inhibitory use such as wet dressing, ointment, dusting powder, or others.

Universal Waste Rule

The Department of Natural Resources enforces hazardous waste regulations, including the Universal Waste Rule. This rule covers waste management and labeling requirements for several categories of products.

Product Scope

The Universal Waste Rule applies to four main categories of wastes:

  • Discarded batteries
  • Mercury-containing equipment
  • Lamps
  • Pesticides

Requirements

The rule provides requirements for several aspects, including the following:

a. It prohibits any disposal of universal waste

b. The container of universal waste must be closed, structurally sound, and compatible with the wastes

c. The universal waste label must identify the type of waste

d. The import and export of universal wastes should comply with the federal requirements set in 40 CFR 262.53, 262.56, 262.57, and 262.58.

You can browse the specific chapters of the Code of Regulations on the government’s website.

Labeling Requirements

The labeling requirements apply to all types of universal waste, and include the following:

a. Universal wastes, containers, and packages must be attached with a “Universal Waste [Product name]” label, for example, Universal Waste Mercury Lamp.

b. Universal wastes, containers, and packages must be attached with an “accumulation time” label, which demonstrates the earliest date of receiving the waste.

Lead-acid Vehicle Batteries

The Georgia Code Title 12-8-28 provides a general provision on the waste management of lead-acid vehicle batteries.

Requirements

The code sets out the requirements for lead-acid vehicle batteries such as below:

a. No person should place a used lead-acid vehicle battery in mixed municipal solid waste or discard or other disposals

b. Sellers of lead-acid vehicle batteries should accept batteries from customers for recycling

c. The batteries should be labeled with the universal recycling symbol and written notices

Labeling

The code requires that lead-acid vehicle batteries should be labeled with:

a. A universal recycling symbol

b. A written notice, which must be at least 8 ½ inches by 11 inches in size, and include the following message:

“IT IS ILLEGAL TO PUT A MOTOR VEHICLE BATTERY IN THE GARBAGE. RECYCLE YOUR USED BATTERIES. STATE LAW REQUIRES US TO ACCEPT MOTOR VEHICLE BATTERIES FOR RECYCLING.”

Fair Business Practices Act

Georgia’s Fair Business Practices Act prohibits unfair and deceptive actions such as providing false information about a product’s origin. It applies to a wide range of consumer transactions including the sales or lease of goods, and services.

Product Scope

The act applies to a wide range of consumer product transactions, including the following:

  • Jewelry products
  • Textile products
  • Electronic products
  • Children products

Requirements

The Fair Business Practices Act prohibits activities as listed below:

a. Passing off goods or services to other companies without notice

b. False information about the product origin

c. False information about the product condition (e.g. claiming that goods are new when they are not)

d. Making false statements about sale prices

Labeling

Manufacturers and sellers must ensure that the label reveals the correct information about the products. Also, the product label should provide sufficient information to the consumer, such as the following:

  • Product SKU
  • Product instructions
  • Manufacturer information
  • Contact
  • Warning statement (if applicable)

Product Packaging Prohibition

The Georgia Code Title 12-8-162 sets out prohibition rules against the sales of packages that contain excessive levels of heavy metals such as lead and mercury.

Scope

The restriction also applies to packaging and packaging components such as below:

  • Inks
  • Dyes
  • Pigments
  • Adhesives
  • Stabilizers
  • Other additives

Requirements

No manufacturer or distributor should offer or provide packages that contain excessive amounts of the following heavy metals:

  • Lead
  • Cadmium
  • Mercury
  • Hexavalent chromium

The code requires that the sum of the concentration levels for each heavy metal should not exceed 0.01% (one hundred parts per million) by weight.

Liability of Product Seller as a Manufacturer

The Georgia Code Title 51 lays out the liability of product sellers as a manufacturer. It also clarifies the cases in which a product seller is not liable for product liability action claims.

Scope

The code defines a “product seller” as a person who is in the business of placing a product in the market (e.g. sales, distribution, repairment). The definition excludes manufacturers.

Requirements

The code states that since a product seller is not a manufacturer, it is not liable for problems related to manufacturing such as the following:

  • Manufacturing defects
  • Design defects

Learn More

Regulation Website
Standards, Labeling, and Adulteration Of Drugs And Cosmetics Link
Universal Waste Rule Link
Lead-acid Vehicle Batteries Link
Fair Business Practices Act Link
Product Packaging Law Link
Liability of Product Seller as a Manufacturer Link

Idaho

Idaho Food, Drug and Cosmetic Act

The Idaho Food, Drug and Cosmetic Act prohibits the manufacture, sale, or delivery of any food, drug, device, or cosmetic that is misbranded or adulterated. It set out the labeling requirements for the above-mentioned products categories.

Product Scope

The Idaho Food, Drug and Cosmetic Act applies to food, drug, and cosmetic products.

Food

The act defines food as food or drink for man or other animals, chewing gum, or similar products. Examples of such products include:

  • Bread
  • Chocolate
  • Juice

Drugs

The act defines drugs as articles used to diagnose, cure, mitigation, treatment, or prevention of disease in man or other animals, or supplements.

Examples of such products include:

  • Painkillers
  • Sedative
  • Appetizer
  • Food supplements

Cosmetics

The act defines cosmetics as articles intended to be rubbed, poured, introduced into, or applied to the human body for cleansing, beautifying, or altering the appearance. Examples of such products include:

  • Moisturizer
  • Talcum powder
  • Shampoo
  • Shower gel
  • Deodorant
  • Hair gel
  • Manicure and pedicure products
  • Perfume
  • Make-up products

Requirements

Title 37 outlines the definitions of the food, drugs, and cosmetics that are deemed adulterated and misbranded.

Food, drug, and cosmetic products are considered adulterated and are prohibited under these conditions:

a. If the products contain any toxic or filthy, decomposed substances that are harmful to the users

b. If the products are prepared, packed, or kept in unsanitary conditions and the products might be contaminated

c. If the product labeling is incorrect, incomplete or misleading

Labeling

The products covered by this act are considered misbranded and are prohibited if:

a. the labeling information is false or misleading

b. The package products do not bear the name and place of business of the manufacturer, packer, or distributor

c. The package products do not display the quantity of the contents in terms of weight, measure, or numerical count

d. The container is so made, formed, or filled as to be misleading (e.g. the container has slack-fill and prevents the consumers from seeing the contents)

The following behaviors are also prohibited by the act:

a. Manufacturers or sellers alter, destroy, or remove any part of the label without permission

b. Manufacturers or sellers forge, counterfeit, or simulate any mark, stamp, tag, label, or other identification authorized or required by regulations without the approval or confirmation by the authorities

Sale and Disposal of Batteries

Title 39, Chapter 70 of Idaho Statutes on Sale and Disposal of Batteries set up requirements for lead-acid batteries regarding sales, purchase, disposal, notification, and handling fees. These requirements are applicable to lead-acid battery manufacturers, wholesalers, retailers, or recycling agencies.

Product Scope

The requirements of this section apply to lead-acid batteries with a core of elemental lead and a capacity of 6 or more volts. These batteries are used to power products such as:

  • Farm electrical equipment
  • Construction electrical equipment
  • Motor vehicles
  • Boats

Requirements

Section 39-7002 of Idaho Statutes prohibits the disposal of lead-acid batteries into landfills or the incineration of them. The lead-acid battery wholesalers or retailers should deliver the used batteries to either the lead-acid battery manufacturer or qualified battery recycling agencies.

Section 39-7003 of Idaho Statutes requires that the seller of lead-acid batteries shall accept used lead-acid batteries from the consumers. The lead-acid battery sellers should also post a written notice in the public sales area which contains the following information:

“It is unlawful to dispose of a motor vehicle battery or other lead-acid battery in a landfill or an unauthorized site.”

Recycle all used batteries.”

The lead-acid battery sellers are entitled by this law to charge each buyer $10 USD of handling fee at each purchase of the new lead-acid battery unless the battery is returned in 30 days.

E-cigarette Regulations

The Idaho e-cigarette Regulations specify mandatory requirements regarding the labeling, packaging, warning statement, and sales in the state of Idaho. These requirements apply to manufacturers, retailers, wholesalers, distributors, and buyers in Idaho.

Product Scope

The requirements of the e-cigarette regulations apply to these electronic smoking devices such as:

  • Electronic pipes
  • Vape pens
  • Electronic hookahs

The regulations also cover any components, parts, or accessories of the electronic smoking devices such as:

  • Filters
  • Rolling papers
  • Blunt or hemp wraps
  • Pipes
  • Electronic liquid
  • Tanks

Requirements

The e-cigarette Regulations of Idaho forbid the sales or distribution of electronic cigarettes to minors (people under the age of 18 years old).

It is also illegal for anyone under 18 to purchase or possess electronic cigarettes.

Documentation

Sellers of electronic cigarettes must register with the Idaho Department of Health and Welfare and acquire a sales permit before they are allowed to sell electronic cigarettes in Idaho.

Labelling

The e-cigarette Regulations of Idaho prohibit the sales or distribution of tobacco products or electronic smoking devices that are not properly labeled with federally required sealed packages, warning labels, or health warnings.

For example, FDA requires that electronic cigarettes containing nicotine must indicate the following language in the packaging:

“WARNING: This product contains nicotine. Nicotine is an addictive chemical.”

Modular Buildings

Title 39, Chapter 43 of Idaho Statutes sets out rules for the installation, safety standards, documentation, and labeling requirements for modular buildings in Idaho, such as commercial coaches, or mobile homes.

Product Scope

The requirements of Idaho modular building rules apply to modular buildings installed in the State of Idaho, such as:

  • Mobile homes
  • Commercial coaches
  • Factory built structures

Requirements

Section 39-43 outlines the requirements for setting up modular buildings in Idaho. It requires that the installation of modular buildings must be approved by the Idaho Division of Building Safety and the building must bear the insignia of approval of the division.

The insignia proves the modular building’s compliance with Idaho codes and standards for building/structural, electrical, mechanical, and plumbing systems.

To know more details in standards, you can check the brochure Idaho Manufactured Home Installation Standard published by the State of Idaho Division of Building Safety in 2018.

Documentation

The contractor of the modular buildings must apply for the insignia before they are allowed to install the buildings. To review the application process, you can check this page from the State of Idaho Division of Building Safety Modular Buildings.

Labelling

The Idaho modular building rules require that the insignia of approval should be placed on the front, left-hand side of the building.

Product Liability

Chapter 14 of the Idaho Statutes explains the manufacturer’s product liability and responsibility in terms of design, manufacturing, and marketing activities.

Product Scope

Technically speaking, product liability applies to consumer products circulated in the market. Examples of these products include:

Requirements

Product liability actions in Idaho can be filed due to negligence, strict liability, and breach of warranty.

The plaintiff can file a lawsuit against the product manufacturer and claim that their harm was caused by a design defect, manufacturing defect, or insufficient warnings. This means that product manufacturers have the responsibility for unreasonable defects that cause injury or loss to the claimants.

Learn More

Regulation Website
Idaho Food, Drug and Cosmetic Act Link
Sale and Disposal of Batteries Link
e-cigarette Regulations Link
Modular Buildings Link
Product Liability Link

Illinois

Toxin-Free Toddler Act

The Toxin-Free Toddler Act prohibits the import, manufacturer, and sales of children’s food or beverage containers that contain Bisphenol A (BPA).

Product Scope

The Act covers food and beverage containers that are designed to be used by children under the age of 3, including:

  • Pacifier
  • Feeding bottles
  • Training cups
  • Sippy cups
  • Children’s meal plates and bowls

Requirements

This Act bans children’s food or beverage containers that contain BPA.

Lead Poisoning Prevention Act

The Lead Poisoning Prevention Act sets limits for the lead content contained in children’s products such as jewelry, toys, and child care products sold in the State of Illinois.

Product Scope

This Act applies to some categories of children’s products, including:

a. Jewelry made for children under the age of 12 years old (e.g., bracelet, earrings, necklaces)

b. Child care articles used by children under the age of 6 with functions to facilitate sleep, relaxation, feeding, or teething (e.g., soothers, pacifiers, teethers

c. Toys intended for children under the age of 12 that contain external coating paint (e.g., plastic toys, children’s playful musical instruments)

Requirements

The Lead Poisoning Prevention Act of Illinois set up the requirements for maximum allowable lead content in children’s products. Specifically, it requires that:

a. If any component of the product contains over 0.06% of lead by weight, then the children’s product is not allowed to be sold

b. If the children’s product has any components with a concentration of lead above 0.004% but below 0.06% by weight, it can be sold with a warning label

c. If each component of the children’s product has less than 0.004% of lead by weight, it can be sold without a warning label

Labeling

The warning statement for children’s products or components that contain a concentration of lead between the level of 0.004% – 0.06% should be worded in a similar fashion:

“WARNING: CONTAINS LEAD. MAY BE HARMFUL IF EATEN OR CHEWED.”

The warning label should be placed on the packaging of the children’s products.

Cadmium-Safe Kids Act

The Cadmium-Safe Kids Act limits cadmium content in children’s jewelry sold in the State of Illinois.

Product Scope

The Cadmium-Safe Kids Act applies to the following jewelry that is marketed to children that are younger than 12 years old:

  • Bracelet
  • Brooch
  • Chain
  • Crown
  • Cuff link
  • Hair accessory
  • Earring
  • Necklace
  • Decorative pin
  • Tongue ring
  • Pendant

Requirements

Children’s jewelry that contains cadmium exceeding 0.0075% by weight in the accessible substrate, external coating, or paint of the jewelry is prohibited in the State of Illinois.

The testing method to determine cadmium in defined children’s jewelry should be the solubility testing for heavy metals specified in the following standard: ASTM F 963 on Safety Specification for Toy Safety.

Environmental Protection Act

The Environmental Protection Act of Illinois establishes a unified, state-wide program to protect the water, air, land, and the safety of humans from dangerous chemicals.

Product Scope

The Environmental Protection Act concerns the leakage and exposure of chemical substances to the environment and humans. The Act regulates some specific categories of products, via specific bills, such as:

  • Thermal paper
  • Thermostats
  • School equipment

Requirements

The act includes several bills that regulate specific categories of products. Importers or manufacturers of each product covered should follow the therein requirements.

HB 2076 – Bisphenol-A Ban on Paper Receipts

Illinois House Bill 2076 forbids the import, manufacture, sales, and distribution of thermal paper containing Bisphenol-A (added to the paper coating).

The thermal paper covered by HB 2076 includes the following types used in business transactions in locations like banks, restaurants, shopping malls, and boutique shops:

  • Records of receipts
  • Records of credits
  • Records of withdrawals

This bill exempts thermal paper made of or containing recycled material.

SB 2551- Mercury Ban on School Equipment

Senate Bill 2551 prohibits the use of the following mercury items in primary and secondary schools in Illinois:

  • Bulk elemental mercury
  • Chemicals containing mercury compounds
  • Mercury-added instructional equipment and materials

It exempts mercury-added measuring devices and other mercury-added products.

SB 1241 – Mercury Ban on Thermostats

Senate Bill 1241 prohibits the sale of mercury thermostats in the State of Illinois.

The product scope covered by SB 1241 is mercury thermostats used to sense and control room temperature in residential, commercial, and industrial buildings. It exempts mercury thermostats used to sense and control the temperature as a part of a manufacturing or industrial process.

Mercury-added Product Prohibition Act

The Mercury-added Product Prohibition Act prohibits the sales of certain mercury-containing products in the State of Illinois.

Product Scope

This Act forbids the sales of the following type of mercury-containing products:

  • Toys
  • Figurines
  • Ornaments
  • Holiday decorations
  • Games
  • Cards
  • Candles
  • Jewelry
  • Footwear
  • Apparel
  • Cosmetics
  • Toiletries
  • Fragrances
  • Mercury fever thermometers

Requirements

As explained, the above-listed mercury-containing products are prohibited to be sold in the State of Illinois.

Consumer Electronics Recycling Act

The Consumer Electronics Recycling Act establishes a statewide system to recycle and reuse certain electronic devices that are discarded by Illinois residents. This Act requires importers or manufacturers of certain electronics to participate in the recycling program and label their products accordingly.

Product Scope

The Consumer Electronics Recycling Act applies to the following electronic products:

  • Computers
  • Small-scale servers
  • Computer monitors
  • Electronic keyboards and mice
  • Printers, fax machines, and scanners
  • Televisions
  • DVD players, DVD recorders, and VCRs
  • Digital converter boxes, cable receivers, and satellite receivers
  • Portable digital music players
  • Video game consoles

Requirements

The Consumer Electronics Recycling Act requires importers, manufacturers, or retailers of the covered electronic device to register with the Illinois Environmental Protection Agency and provide the following information:

a. A list of all brands and labels of covered electronic devices they plan to sell in Illinois

b. Total weights by covered electronic device category sold in Illinois

Importers or manufacturers of covered electronic devices must also establish the electronics waste recycling program and provide information about collection sites in the elected counties and guidance to the residents of Illinois on how to recycle the electronic devices covered by this Act. The number of the collection sites in each elected county depends on the population density of the county.

If you want to know more about the electronic waste program, the recycling sites, and other requirements, please visit the official website of the Consumer Electronics Recycling Act.

Labeling

The Consumer Electronics Recycling Act requires that the covered electronic devices must bear a permanently fixed and visible label with the brand name on it.

Furniture Fire Safety Act

The Furniture Fire Safety Act of Illinois requires that seating furniture used in public areas must meet the test and flammability requirements of California Technical Bulletin 116 and 117 or California Technical Bulletin 117-2013.

Product Scope

The Furniture Fire Safety Act applies to seat furniture, including the ones that are for children, that contain fabric cover or filling materials like cotton, wool, feathers, down, or other similar materials.

Examples of seating furniture include:

  • Couch
  • Bean bags
  • Recliners

Note that this Act only applies to seating furniture that is used in public areas in the following venues:

  • Public auditoriums
  • Stadiums
  • Daycare centers
  • Hospitals
  • Hotels and motels

The Act is not applicable to seating furniture used in household areas nor mattresses.

Requirements

The Furniture Fire Safety Act requires that the covered seating furniture that is placed in the above-mentioned types of buildings must meet the flammability standard and labeling requirements of California Technical Bulletin 116 and California Technical Bulletin 117, or California Technical Bulletin 117-2013.

Labeling

This Act requires that seating furniture conforming to the flammability standards explained above should bear a permanent label on the surface of the article with the following statement:

“NOTICE

THIS ARTICLE IS MANUFACTURED FOR USE IN PUBLIC OCCUPANCIES AND MEETS THE FLAMMABILITY REQUIREMENTS OF CALIFORNIA TECHNICAL BULLETIN 116 AND TECHNICAL BULLETIN 117. HOWEVER, CARE SHOULD BE EXERCISED NEAR OPEN FLAME OR WITH BURNING CIGARETTES.”

Brominated Fire Retardant Prevention Act

The Brominated Fire Retardant Prevention Act of Illinois prohibits the import, manufacturer, sales, and distribution of products that contain certain brominated flame retardants above a certain limit.

Product Scope

This Act applies to products that could be treated with brominated flame retardants to increase the fire protection performance, such as:

  • The plastic housing of electronics and computers
  • Circuit boards
  • Foam and textile materials in furniture
  • Curtains

Requirements

The Brominated Fire Retardant Prevention Act prohibits products or a flame-retarded part of a product containing more than 0.1% of pentaBDE or octaBDE by weight, which are subcategories of brominated flame retardants.

Toxic Packaging Reduction Law

The Toxic Packaging Reduction Law Illinois restricts the use of certain heavy metals contained in product packaging and its components.

Product Scope

Packaging covered by this law includes consumer product packaging and food packaging such as:

  • Carrying cases
  • Crates
  • Cups
  • Rigid foil
  • Trays
  • Wrappers
  • Bags
  • Tubs

This law also covers components on the product packaging, such as:

  • Inks
  • Dyes
  • Pigments
  • Adhesives
  • Coatings
  • Labelings

Requirements

This law requires that the following types of heavy metal on the packaging or its component shall not exceed 0.01% by weight:

  • Lead
  • Cadmium
  • Mercury
  • Hexavalent chromium

Documentation

This law requires importers or manufacturers of packaging to prepare a Certificate of Compliance stating that a package or packaging components comply with the heavy metal concentration requirements set forth by the law. Importers or manufacturers should maintain the Certificate of Compliance and submit it to the state authorities when being requested.

Learn more

For more information, visit the link beside each regulation in the table below.

Regulation Website
Toxin-Free Toddler Act Link
Lead Poisoning Prevention Act Link
Cadmium-Safe Kids Act Link
Environmental Protection Act Link
Mercury-added Product Prohibition Act Link
Consumer Electronics Recycling Act Link
Furniture Fire Safety Act Link
Brominated Fire Retardant Prevention Act Link
Toxic Packaging Reduction Law Link

Indiana

Electronic Waste

The Indiana Code Title 13 Article 20.5 sets out substances restrictions requirements for video display devices and recycling requirements for electronic devices in general. It covers topics such as registration programs, substances limitations, reporting requirements, and disposal prohibitions.

Product Scope

The code covers most electronic devices, such as:

  • Video display devices
  • Laptops
  • Mobile phones
  • Keyboards
  • Scanners

Requirements

This code focuses on the sale of video display devices and the recycling requirements for other electronic devices.

Video display devices

The code provides specific requirements for video display devices’ manufacturers as below:

a. Manufacturers should register with the Department of Environmental Management before selling in Indiana

b. Manufacturers should not sell or offer any video display devices that do not bear a permanent and visible label on the product

c. Manufacturers should submit a compliance certification to the Department of Environmental Management, including a statement claiming that the devices do not contain any of the following substances above the established under the EU RoHS Directive:

  • Lead (maximum 0.1% by weight)
  • Mercury (maximum 0.1% by weight)
  • Cadmium (maximum 0.01% by weight)
  • Hexavalent chromium (maximum 0.1% by weight)
  • PBDE (maximum 0.1% by weight)
  • PBB (maximum 0.1% by weight)

Electronic devices’ recycling

a. A person who collects and recycles electronic devices should register to the Department of Environmental Management

b. A person who collects and recycles electronic devices should report to the Department of Environmental Management for the following information:

  • Total weight of electronic waste
  • The number of recycling credits
  • A list of recyclers in operations

c. No person should dispose of electronic devices waste at a landfill or disposal by burning or incineration

Documentation

Video display devices manufacturers should provide a certification to the Department of Environmental Management. The certification should include information about the manufacturer company, the product, and a statement declaring the devices is compliant with six substances restrictions set out by the EU RoHS Directive.

Labeling

Video display devices’ manufacturers should affix a permanent and visible on the devices. The code requires that manufacturers should include at least the following information on the label:

  • Manufacturer brand
  • Manufacturer contact
  • Product SKU

Regulation of Food, Drugs, and Cosmetics

The Indiana Code Title 16 Article 42 provides general provisions of food, drug, and cosmetic products to be sold in the state. It covers topics such below:

  • Registration
  • Labeling requirements
  • Prohibited acts
  • Factory inspections

Product Scope

The code focuses on the safety of food, drug, and cosmetic products. Here are some examples of covered products:

  • Body lotions
  • Lipsticks
  • Aspirins
  • Facial makeups
  • Meats
  • Canned foods

Requirements

The code sets out the general requirements for food, drug, and cosmetic products as below:

a. Food, drugs, and cosmetics products should comply with the Federal Act (21 U.S. Code CHAPTER 9) before being sold in Indiana

b. Manufacturers of food, drugs, or cosmetics products should register with the state department

c. The code prohibits any misleading or false statement of labels for food, drugs, or cosmetics products

d. Manufacturers of food, drugs, or cosmetics products should arrange inspections for factories and warehouses at reasonable times

e. The code prohibits the sale of adulterated or misbranded food, drug, or cosmetic products

f. The labeling of food, drug, and cosmetic products must be clear and visible on the outside container or wrapper

Labeling

The code sets out the general requirements as below:

a. Food, drug, and cosmetic products should not contain any misleading information or false advertisement

b. The label should be visible and appears on the outside container or the package of the product

Childhood Lead Poisoning

The Indiana Code Title 16 Article 41 aims to protect children from lead poisoning, by setting out the requirements for the sales of consumer product that might contain lead.

Product Scope

The code covers most consumer products that might contain lead. Here are some examples of covered products:

  • Food packages
  • Electronic products
  • Children’s toys
  • Jewelry
  • Paints

Requirements

In this section, we list the requirements for paints and consumer products.

Paint products

The code sets out specific requirements for paint products (e.g oil paints) retailers as below:

a. Paint products’ retailers should offer lead test kit sales to determine the presence of lead in the products

b. Paint products retailers should provide customers with the federal Environmental Protection Agency pamphlet that is approved by the state department

c. Paint products’ retailers should ensure that at least one employee attends a training program concerning lead hazards

d. Paint products’ retailers should specify on the label if the product contains or may contain lead

Consumer products

The code also sets out the lead requirements for general consumer products as below:

a. No person should sell or offer any consumer products that contain more than 0.009% of lead by weight, as stated in 16 CFR 1303.2

b. The code requires that consumer products must be consistent with relevant federal laws, such as CPSIA or FHSA

c. The code requires products to include a label to state if the item contains lead

Labeling

The code requires that the labeling should include information such as the following:

  • Product SKU
  • Manufacturer information
  • Warning statement (e.g This product contain lead”)
  • User instruction

Product Liability Act

The Indiana Code Title 34 Article 20, also known as the Indiana Product Liability Act, provides a general provision on claims against manufacturers and sellers. It also defines defective products that cause injury or harm to the consumers.

Product Scope

The Act applies to a wide range of consumer products, including the following:

  • Children’ products
  • Textile products
  • Kitchen utensils
  • Electronic products

Requirements

According to the code, sellers or manufacturers are liable for a claimant’s injuries caused by defective products. The code considers products as defective if they:

a. Fail to provide adequate warnings or instructions

b. Carry unreasonable danger to consumers
Consumers can file a claim within two years from the date of injury.

Labeling

The act specifies that manufacturers are responsible for providing adequate labels to consumers, which might include the following:

  • Product SKU
  • Manufacturer contacts
  • User instructions
  • Warning statement

Learn More

Regulation Website
Electronic Waste Link
Regulation of Food, Drugs, and Cosmetics Link
Childhood Lead Poisoning Link
Product Liability Act Link

Iowa

Waste Volume Reduction and Recycling Law

The Waste Volume Reduction and Recycling Law of Iowa establish rules for manufacturers, sellers, and distributors. This law aims to protect public safety and health and conserve the environment by reducing solid waste and toxic chemicals or substances in certain consumer products.

Products Manufactured with Chlorofluorocarbons Prohibited

The Waste Volume Reduction and Recycling Law prohibits the sales or use of chlorofluorocarbons-containing plastic foaming packaging materials.

Product Scope

The chlorofluorocarbons ban is targeted at plastic foam packaging products and food service items such as:

  • Foaming agents for insulating materials
  • Packing cushions
  • Egg cartons
  • Hamburger containers

Requirements

Chapter 455D of the Iowa Code prohibits the sales or use of plastic foam packaging products or food service items containing chlorofluorocarbons.

Packaging Heavy Metal Content

Chapter 455D of Waste Volume Reduction and Recycling Law sets limits to the 4 types of heavy metal content levels contained in consumer product packaging and its components.

Product Scope

Chapter 455D of Waste Volume Reduction and Recycling Law applies to consumer product packaging, food packaging, and the packaging components, such as the following:

  • Foil papers
  • Trays
  • Plastic wrapping films
  • Pails
  • Bags
  • Cases
  • Crates
  • Package cushioning
  • Zips
  • Coatings
  • Inks
  • Label materials
  • Adhesives

Requirements

This section requires that the following types of heavy metal on the packaging or its component should not be contained in an amount higher than 0.01% by weight:

  • Lead
  • Cadmium
  • Mercury
  • Hexavalent chromium

Packaging manufacturers should test the heavy metal content level of their packaging using the method suggested in this section, which is the United States Environmental Protection Agency test methods for evaluating solid waste, S-W 846.

To test the heavy metal level in packaging components, manufacturers should use the applicable test methods suggested in this section, which are:

a. ASTM A623 Standard Specification for Tin Mill Products, General Requirements

b. ASTM A879 Standard Specification for Steel Sheet, Zinc-Coated by the Electrolytic Process for Applications Requiring Designation of the Coating Mass on Each Surface

In addition, it requires that manufacturers or distributors of the covered packaging should provide a Certificate of Compliance to the purchasers, retailers, or the authorities if needed.

Documentation

The Certificate of Compliance is a compulsory document drafted by the packaging manufacturer, which is a statement explaining that the packaging and its components comply with the heavy metal requirements set forth in the section.

Plastic Container Labeling

The Waste Management Act prohibits the sales, distribution of any plastic bottles or rigid plastic containers unless it bears the triangulated arrows label indicating the plastic resin used to produce the product.

Product Scope

The requirements of this section apply to the following types of products:

a. Single-use plastic bottles (capacity of sixteen fluid ounces or more, less than five gallons)

b. Rigid plastic containers (capacity of eight ounces or more, but less than five gallons)

Labeling

Chapter 455D requires that the plastic containers must contain three triangulated arrows with acronyms representing the type of plastic and a designated number from 1 – 7.

The triangulated arrows and the number should be placed at the bottom of the containers made of the following type of materials:

  • Polyethylene terephthalate = PETE 1
  • High-density polyethylene = HDPE 2
  • Vinyl = V 3
  • Low-density polyethylene = LDPE 4
  • Polypropylene = PP 5
  • Polystyrene = PS 6
  • Other plastic resin (include multilayers) = OTHER 7

Mercury Content Limited

Chapter 455D of the Iowa Code, Waste Volume Reduction and Recycling Law, sets the allowable mercury content level for alkaline manganese batteries sold in the State of Iowa.

Product Scope

The requirement of this chapter applies to alkaline manganese batteries. It excluded alkaline manganese button cell batteries.

Requirements

The law prohibits companies to sell, distribute, or offer for retail sale alkaline manganese batteries that contain over 2.5% of mercury by weight. As said, this requirement does not apply to alkaline manganese button cell batteries.

Batteries Used in Rechargeable Consumer Products

The Waste Volume Reduction and Recycling Law prohibits the sales and distribution of any rechargeable consumer products unless the manufacturers either fulfill the below requirements or successfully apply for the exemption to the Department of Natural Resources.

Product Scope

The requirements of this chapter apply to rechargeable consumer products such as:

  • Cellphones
  • Computers
  • Airpods

Requirements

Chapter 455D of the Iowa Code requires that no company is allowed to distribute, sell, or offer for retail sale any rechargeable consumer products unless such product fulfills the following criteria:

a. The battery can be easily removed by the consumer from the product, or the battery is separate from the product and can be easily removed.

b. The battery, the instruction manual, and the product package contain information indicating that the battery must be properly recycled or disposed of. The battery should also include the sign “Cd” or “Ni-Cd” for nickel-cadmium batteries, and “Pb” or “Lead” for small lead batteries.

Manufacturers of rechargeable consumer products may apply to the Department of Natural Resources for exemption if their products fulfill the following conditions:

a. The redesign of the product to comply with the requirements would cause significant danger to public health and safety
b. The battery poses no hazard to public health, safety, or the environment when disposed of with municipal solid waste
c. The product manufacturer has established a recycling program to collect used batteries in an environmentally way

Documentation

Manufacturers of rechargeable consumer products can apply for an exemption to the Department of Natural Resources by providing the following information:

a. Name, address, and contact number of the applicant

b. A statement explaining the reason and basis to apply for exemption

Disposal Requirements for Household Batteries

The Waste Volume Reduction and Recycling Law requires household battery manufacturers to build up an effective household battery recycling system.

Product Scope

The law applies to consumer dry cell batteries such as the following:

  • Lithium batteries
  • Mercuric oxide batteries
  • Carbon-zinc batteries
  • Zinc-air batteries
  • Silver oxide batteries
  • Nickel-cadmium batteries
  • Nickel-hydride batteries
  • Alkaline batteries
  • Sealed lead-acid batteries

Requirements

Chapter 455D of the Iowa Code requires that manufacturers of household batteries are responsible to establish a recycling system or program to facilitate the collection and recycling of used household batteries.

Mercury Thermostats

The Waste Volume Reduction and Recycling Law prohibits the sale of mercury-added thermostats in the State of Iowa. Manufacturers of thermostats must also establish an effective recycling system or program to collect and recycle mercury-added out-of-service thermostats in the state.

Product Scope

The requirements in this section apply to mercury-added thermostats that are used in residential, commercial, and industrial buildings to sense and control room temperature. It excludes mercury-added thermostats that are used to sense and control the temperature as part of the manufacturing process.

Requirements

Chapter 455D of the Iowa Code forbids the sale of mercury-added thermostats.

Thermostat manufacturers must establish a recycling system or program to facilitate the collection of out-of-service thermostats in the State of Iowa. They should also submit the recycling program proposal to the Department of Natural Resources for approval.

Documentation

After the recycling program proposal is approved by the Department of Natural Resources of Iowa, manufacturers should submit an annual report by April 1st every year disclosing the following information:

a. The number of mercury thermostats collected and recycled by the manufacturer in the previous year

b. The estimated amount of mercury contained in the mercury components collected by the manufacturer in the previous year

c. A list of the thermostat wholesalers participating in the recycling program and the number of collection sites

d. An evaluation report of the effectiveness of the collection and recycling program

e. The administrative cost of operating the recycling program

E-cigarette Regulations

The e-cigarette regulations of Iowa prohibit the sales of e-cigarettes to consumers under the age of 21.

Product Scope

The e-cigarette Regulations apply to electronic cigarettes and vaping products sold in the State of Iowa.

Requirements

The e-cigarette Regulations of Iowa forbids the sales of e-cigarettes and tobacco products to any person under 21 years of age.

Product Liability Law

The Product Liability Law of Iowa requires that manufacturers, distributors, or sellers ensure the safety and compliance of their products.

Product Scope

The Product Liability Law of Iowa applies to a broad range of consumer products, such as:

  • Electronic products
  • Toys
  • School supplies
  • Furniture
  • Medical devices

Requirements

Chapter 668 of the Iowa Code outlines the product liability rules in the state. It claims that manufacturers, assemblers, sellers, suppliers of the products are responsible for the damages to the consumers and the claimants regarding the following aspects when their products fail to comply with the regulations at the time it was produced:

  • Designing
  • Testing
  • Manufacturing
  • Formulation
  • Packaging
  • Waring
  • Labeling

Labeling

Under the Product Liability Law of Iowa, manufacturers, distributors, or sellers are responsible to provide user instructions or warning statements label. They must inform the consumers of the usage methods, warning information, and ways to avoid dangers when using the products.

Let’s take as an example a household electrical fan has the problem of becoming overly heated when working continuity for more than 20 hours. Let’s also assume that, in this case, it might give rise to a short circuit or smoke.

Thus, the fan’s manufacturer or seller should provide a warning label and instructions to inform the users about this fact. It should also provide information on how to avoid accidents and injury.

Learn More

Regulation Website
Waste Volume Reduction and Recycling Law Link
e-Cigarette Regulations Link
Product Liability Law Link

Kansas

Food, Drugs, and Cosmetics

The Kansas Statutes Chapter 65 sets out requirements for food, drug, and cosmetic products. It covers topics such as the prohibition of misbranded and adulterated products, new drug applications, and licenses.

Product Scope

The statutes cover food, drug, and cosmetic products as defined below.

Food

This category refers to food and beverage for humans and animals. Here are some examples of covered products:

  • Canned foods
  • Meats
  • Beverages
  • Vegetables

Drugs

This category refers to articles that are recognized in the official United States Pharmacopeia, for use in the diagnosis, cure, or treatment of diseases. Here are some examples of covered products:

  • Aspirins
  • Antihistamines

Cosmetics

This category refers to articles that are intended for use to the human body for cleansing, beautifying, or other similar purposes. Here are some examples of covered products:

  • Perfumes
  • Eye and facial makeups
  • Skincare products

Requirements

The statutes set out requirements as below:

a. The statutes prohibit any sale or distribution of adulterated or misbranded food, drug, and cosmetic products

b. The statutes prohibit any labeling with incorrect or insufficient information on food, drug, and cosmetic products

c. The statutes prohibit any sale or distribution of new drugs unless they are approved by the Federal Food and Drug Administration (FDA)

d. The statutes prohibit any sale or distribution of unlicensed food, drug, and cosmetic products. Note that the license must be issued by the state secretary

Labeling Requirements

Manufacturers should provide sufficient and accurate information on their product label, including:

  • Product SKU
  • Manufacturer contact information
  • User instruction
  • Warning statement (if applicable)
  • Ingredients (if applicable)

Hazardous Household Articles

The Kansas Statutes Chapter 65 sets out a general provision for hazardous household articles, such as paints, or plastic products. Chapter 65 covers topics such as the prohibition of sale, and labeling.

Product Scope

The statutes define hazardous household articles as products used for domestic tasks that might contain dangerous substances for human beings. Here are some examples of covered products:

  • Plastic kitchen products
  • Paints and solvents
  • Pesticides
  • Household appliances

Requirements

The state secretary of health and environment is authorized to adopt applicable regulations to ensure public safety, for example, concerning cautionary labeling and prohibition of the sale of hazardous articles.

For example, the statutes prohibit any sales of household articles in violation of any adopted regulations in the state, for example, FDA 21 CFR for plastic kitchen products. The violation might concern labeling or other requirements.

Plastic Bottles and Containers Labeling Requirements

The Kansas Statutes Chapter 65 sets out requirements for plastic bottles and containers. It prohibits the sales of covered products if they don’t meet the labeling criteria listed in the statutes.

Product Scope

The statutes cover plastic bottles and containers defined as below:

a. Plastic bottle – A plastic container that has a neck that is smaller than the body of the container, or has a capacity of 16 fluid ounces or more but less than 5 gallons.

b. Plastic container – Any formed or molded container other than a bottle, intended for single-use and having a capacity of 8 ounces or more but less than 5 gallons.

Labeling Requirements

The statutes require that covered products must be labeled with a nationally recognized code indicating the plastic resin used to produce the bottle or container.

Here are some examples of the code, according to the material:

  • 1-PET (Polyethylene Terephthalate)
  • 2-HDPE (High-Density Polyethylene)
  • 3-PVC (Polyvinyl Chloride)
  • 4-LDPE (Low-Density Polyethylene)
  • 5-PP (Polypropylene)
  • 6-PS (Polystyrene)
  • 7-Others

The label should appear on or near the bottom of the bottle or container.

Plastic Bulk Merchandise Container Sales Requirements

The Kansas Statutes Chapter 65 set out the requirements for both sellers and buyers of plastic bulk merchandise containers, including documentation and payment methods.

Product Scope

The statutes define a plastic bulk merchandise container as a plastic crate, pallet, or shell used by a producer for bulk transportation or storage (for milk, eggs, bakery items, or bottled beverage products).

Requirements

The statutes set out the requirements as below:

a. A person should not pay for the purchase of any plastic bulk merchandise container with cash

b. Container buyers should obtain proof of ownership for the containers if the purchase order exceeds five containers

c. Container sellers should provide a record to the buyer that contains the identification of the sellers and the details of the purchase

Documentation

Container buyers should obtain a record from the sellers. The record should contain the following information:

  • The contact information of the container’s seller
  • A copy of the identification card of the seller
  • A description of the containers
  • The date of the transaction

Weights and Measures Laws

The Kansas Weights and measures Laws cover the weight measurement of consumer products, such as furniture and food. The laws set out the requirements for package labeling and weight measurement.

Product Scope

The laws apply to consumer products, such as:

  • Food
  • Furniture
  • Construction materials

Requirements

The laws set out the requirements as below:

a. All sales or purchases should follow the standards of weights and measures adopted under this law, for example, 15 US Code Chapter 6 – Weights and Measures and Standard Time

b. Outside packaging of covered products should include a conspicuous label

c. The laws prohibit using inaccurate or false weight measurement information of the product packaging label

Labeling

The laws require that any package of covered products for the purpose of sale should bear a plain and conspicuous declaration of the followings:

  • Product description
  • Contents quantity
  • The manufacturer’s contact information

Kansas Product Liability Act

The Kansas Statutes Article 33 outlines the product liability requirements for defective consumer products. It covers the definition of defective products and applicable product liability actions.

Product Scope

The Kansas Product Liability Act applies to consumer products, such as:

  • Children’s jewelry
  • Textile products
  • Electrical products
  • Household products

Requirements

The act sets out the definition of a defective product as below:

a. Manufacturing defect – when the product does not conform to the design specification or permanence standard

b. Design defect – when the product has a defective design that contain unreasonably dangerous to the consumers

c. Warning defect – when the product fails to provide sufficient warnings to the consumers

Under the act, manufacturers are liable for any damage caused by defective products, and a victim can take product liability actions, such as product liability claims.

Learn More

Regulation Website
Food, Drugs, and Cosmetics Link
Hazardous Household Articles Link
Plastic Bottles and Containers Labeling Requirements Link
Plastic Bulk Merchandise Container Sales Requirement Link
Weights and Measures Laws Link
Product Liability Act Link

Kentucky

Restrictions on Sale and Use of Paint Containing Lead

Kentucky Revised Statutes Chapter 217 covers the restrictions on the sale and use of paint containing lead for children’s toys, children’s furniture, and surfaces that are easily accessible by children younger than 7 years.

Product Scope

The statutes cover children’s products that might contain lead paint such as:

  • Children’s furniture
  • Children’s toys
  • Interior surface coatings

Requirements

The statutes set out the requirement for lead paint such as the following:

a. Manufacturers should not offer or sell any regulated products that contain more than 0.06% lead by weight of the nonvolatile content

b. Manufacturers should submit an application to the Cabinet for Health and Family Services if their products contain more than 0.5% lead by weight of the nonvolatile content

c. Manufacturers should include user instruction and warning statements on the product label if their products contain more than 0.5% lead by weight of the nonvolatile content

Labeling

Manufacturers are responsible to inform customers about the lead content in their products. In general, the label should include the following information:

  • Product SKU
  • Manufacturer information
  • Warning statement (e.g “This product contain lead”)
  • User instruction

Food, Drug and Cosmetic Act

Kentucky Revised Statutes Chapter 217 introduces the Food, Drug and Cosmetic Act, which covers topics such as the definition of misbranded and adulterated products, and labeling requirements.

Product Scope

The act covers food, drug, and cosmetic products as defined below.

Food

This includes food and drink articles for both humans and animals. Here are some examples of covered products:

  • Canned foods
  • Snacks
  • Beverages
  • Bread

Drugs

This includes articles that are recognized in the official United States pharmacopoeia, for use in the diagnosis, cure, or treatment of diseases in man or animals. Here are some examples of covered products:

  • Aspirins
  • Antihistamines

Cosmetics

This includes articles that are intended for use to the human body for cleansing, beautifying, promoting attractiveness, or other similar purposes. Here are some examples of covered products:

  • Body lotions
  • Eye and facial makeups
  • Skincare products

Requirements

The statutes set out the requirements as the following:

a. Manufacturers should not sell or offer any misbranded or adulterated products in Kentucky (e.g. products that include a label with wrong information)

b. Labels of food and cosmetics should conform with the requirements set by the Fair Packaging and Labeling Act

c. Manufacturers should not add any unsafe food additives to food products

d. No person should sell or offer new drugs unless they are approved by the FDA

e. Certain food products (e.g meats) should conform with the Federal Meat Inspection Act or the Federal Poultry Products Inspection Act

Labeling

Labels of food and cosmetics should conform with the Fair Packaging and Labeling Act. Thus, manufacturers should include the following information on the label:

  • The name of the food or cosmetic products
  • Manufacturer contact information
  • Net quantity of contents
  • User instruction
  • Best before date
  • Warning statement (if applicable)

Mattress Label Regulation

Kentucky Revised Statutes Chapter 214 covers the labeling requirements for mattresses, including material information and statements.

Product Scope

The statutes cover mattresses that are offered for sale in Kentucky. Here are some examples of covered products:

  • Foam mattresses
  • Innerspring mattresses
  • Latex foam mattresses
  • Hybrid mattresses

Labeling requirements

The statutes set out label requirements as follows:

a. The label should be securely sewed upon the outside of each mattress

b. The label should include a description of the material used as the filling of the mattress

c. The label should specify if the filling material is “Manufactured of new material” or “ Secondhand material.”

d. The mattresses’ label should not contain any misleading information

Act Relating to Perfluoroalkyl and Polyfluoroalkyl Chemicals

Kentucky Chapter 224 prohibits the use of perfluoroalkyl and polyfluoroalkyl (PFAS) chemicals in firefighting equipment for certain purposes, such as training.

Product Scope

The Act defines PFAS chemicals as “All perfluoroalkyl and polyfluoroalkyl substances containing at least one 1 fully fluorinated carbon atom”. It covers products that contain firefighting foam products.

Examples

  • Fire extinguishers
  • Fire foam blankets

Requirements

The Act states that Class B firefighting foam that contains PFAS chemicals should not be used for firefighting training or testing purposes.

E-Cigarette Regulations

The Kentucky Revised Statutes section 438 set out a general provision for the sale of e-cigarettes, which includes labeling, applications, and sale prohibitions.

Product Scope

The statutes define an e-cigarette as any noncombustible product containing nicotine and product vapor from nicotine regardless of shape or size. Here are some examples of covered products:

  • Electronic cigars
  • Electronic vape pens
  • Electronic pipes
  • Electronic hookahs

Requirements

The statutes set out the requirements for e-cigarettes, such as:

a. No wholesaler, retailer, or manufacturers should offer or distribute e-cigarette products to any person under the age of twenty-one

b. The vending machine of e-cigarette should be located in the line of sight of the cashier

c. Wholesalers, retailers, or manufacturers should report the name and address of the owner of their establishment to the Department of Alcoholic Beverage Control

Product Liability Act

The Kentucky Revised Statutes Chapter 411 introduces the Product Liability Act, which covers manufacturers’ liability on damages caused by defective products.

Product Scope

The Product Liability Act covers most consumer products sold in Kentucky, such as:

  • Electronics
  • Children’s products
  • Textile products
  • Kitchen utensils

Requirements

The Product Liability Act sets out general provisions such as:

a. Manufacturers are liable for personal injury, death, or property damage caused by defective products

b. A person can file a claim if the product caused any damage due to defective design, missing warning, or other similar causes

Labeling

The act states the manufacturers are liable for inadequate labeling. Manufacturers should include relevant information on the product label, such as:

  • Product description
  • Manufacturer contact information
  • User instruction (if applicable)
  • Warning statement (if applicable)
  • Compliance statement (if applicable)

Learn More

Regulation Website
Restrictions on Sale and Use of Paint Containing Lead Link
Food, Drug and Cosmetic Act Link
Mattress Label Regulation Link
Act Relating to Perfluoroalkyl and Polyfluoroalkyl Chemicals Link
e-Cigarette Regulations Link
Product Liability Act Link

Louisiana

Sale and Use of Lead-Based Paint and Other Similar Lead-Based Surface Coating Material Restricted

Louisiana Revised Statutes Title 40 Section 1285 sets the requirements for the sale and use of lead-based paint, and similar lead-based surface coating materials. It covers topics such as prohibited activities, labeling requirements, and warning statements.

Product Scope

The statute requirements apply to products such as:

  • Children’s toys
  • Interior surfaces of any dwelling (e.g. paints)
  • Exterior surfaces of any dwelling (e.g porches and window sills)
  • Residential furniture (e.g. couches and tables)
  • Kitchen utensils (e.g. bottles and clay pots)

Requirements

The statutes set out the requirements such as the following:

a. No person should sell or offer any unlabeled products that contain lead-based paint or similar surface coating material

b. Applicable warning statement should be added to the label of lead-based paint or similar surface coating covered products

c. The concentration of lead in the coating should not exceed the amount established by relevant federal regulations. For example, school supplies should not contain more than 0.009% of lead in paint or any similar surface coating

Labeling

Covered products that contain lead should be labeled with a statement such as:

WARNING: Contains lead. The dried film of this paint may be harmful if eaten or chewed.

Paint that contains lead should be labeled with a statement such as:

Do not apply on toys and other children’s articles, furniture, or interior surfaces of any dwelling. Do not apply on those exterior surfaces of any dwelling, such as window sills, porches, stairs, or railings, to which children may be commonly exposed. Keep Out Of The Reach of Children.

Sale of Toy Pistols Prohibited

Louisiana Laws Revised Statutes Title 14 Section 319 prohibits the sale of toy pistols in Louisiana.

Product Scope

This section covers any toy pistol constructed to accommodate powder cartridges and similar products.

Here are some examples of the covered products:

  • Laser gun toys
  • Swat gun toys
  • Airsoft gun toys

Requirements

The statutes set out requirements for toy pistols as the following:

a. No person should sell or offer any toy pistol constructed to accommodate blank powder cartridges, shells used in firing or discharging toy pistols

b. Whoever violates the requirements should be fined not more than fifty dollars or imprisoned for not more than ten days

c. Paper cap pistols and other toy pistols without powder cartridges or shells are not covered by the statutes

Prohibited Sales of Mattresses and Box Springs

Louisiana Laws Revised Statutes Title 51 Section 915 set out the requirements for the sales of mattresses and box springs.

Product Scope

This section covers most mattresses and box springs. Here are some examples of covered products:

  • Memory foam mattresses
  • Adjustable air mattresses
  • Low-profile box springs
  • Coil Box springs

Requirements

The statutes forbid the practice of refusing to sell to any individual any mattress or box spring separately. Thus, sellers should offer both:

a. Mattresses and box springs separately, with a separate price for each item

b. Mattresses and box springs in a set
Whoever violates the requirement should be fined an amount included within 50 and 100 dollars.

Misbranded Cosmetics

Louisiana Laws Revised Statutes Title 40 Section 622 set out the requirements for misbranded cosmetics. It covers the definition of misbranded cosmetics and labeling requirements.

Product Scope

The statutes cover most cosmetic products, such as:

  • Skin-care products
  • Lotions
  • Lipsticks
  • Eye and face makeups

Requirements

The statutes consider cosmetics to be misbranded if they meet the following criteria:

a. The labeling includes false or misleading information

b. The packaging is not labeled

c. The labeling information is deemed not clear enough for consumers to understand its meaning

Labeling

The labeling should include at least the following information:

  • Manufacturers contact information
  • Quantity of the contents
  • Warning statements (if applicable)

E-Cigarette Regulations

Louisiana Laws Revised Statutes Title 26 Section 901 and Title 14 Section 91.6 set out the requirements for the sale of e-cigarette in Louisiana. They cover topics such as the definition of e-cigarettes, youth access restrictions, and retail license requirements.

Product Scope

The statutes define an e-cigarette as any non-combustible product containing nicotine that employs heating elements to produce vapors. Here are some covered product examples:

  • Electrical cigarettes
  • Electronic cigars
  • Electronic pipes
  • Electronic cigarillos
  • Vapes

Requirements

The statutes set out the requirements for e-cigarettes, such as:

a. Manufacturers and retailers should not offer or sell any e-cigarette products to a person under the age of 21

b. Manufacturers and retailers are required to obtain a permit from the state department before selling e-cigarettes

c. Using vaping devices in vehicles is prohibited when a child under age 13 is present

Product Liability

Louisiana Laws Revised Statutes Title 9 Section 2800 sets manufacturers’ responsibility on defective products, which include warning statements and defective designs.

Product Scope

The statutes apply to most consumer products. Here are some examples of covered products:

  • Textile products
  • Electric products
  • Furniture products
  • Children’s products

Requirements

The statutes state that a manufacturer should be liable if any of the following situations apply:

a. The product is unreasonably dangerous to consumers

b. The product does not provide adequate warning for consumers

c. The product’s design would likely cause damage to consumers

Labeling

Manufacturers are responsible for any damage caused by inadequate warnings or other labeling information. Therefore, manufacturers should include information such as the following on their product’s label:

  • Product information
  • Manufacturers’ contact
  • Warning statements (if applicable)
  • Compliance statements (if applicable)

Learn More

Regulation Website
Sale and Use of Lead-Based Paint and Other Similar Lead-Based Surface Coating Material Restricted Link
Sale of Toy Pistols Prohibited Link
Prohibited Sales of Mattresses and Box Springs Link
Misbranded Cosmetics Link
e-Cigarette Regulations Link
Product Liability Act Link

Maine

Act to Protect Pregnant Women and Children from Toxic Chemicals Released into the Home

This act sets up the limit for polybrominated diphenyl ethers (PBDEs) for consumer products sold in the state of Maine.

Product Scope

This act applies to general household products that often use PBDEs as a flame retardant to reduce flammability such as:

  • Furniture
  • Electronic housings
  • Carpet pads
  • Couches
  • Fabric chairs
  • Seat cushions
  • Wires and cables

Requirements

The act prohibits anyone from manufacturing, selling, or offering products in Maine that fulfill the following requirements:

a. Products containing more than 0.1% by weight of the “penta” or “octa” mixtures of PBDEs

b. Mattresses or upholstered furniture that have plastic fibers containing the “deca” mixture of PBDEs

c. Televisions or computers that have a plastic housing containing the “deca” mixture of PBDEs

Lead Poisoning Control Act

The Lead Poisoning Control Act sets up rules and restrictions for the lead concentration level on certain consumer products.

Product Scope

The Lead Poisoning Control Act covers interiors, furniture, toys, and children’s articles such as:

  • Table
  • Desks
  • Couches
  • Plush toys
  • Wooden building blocks
  • Jewelry
  • Drinking bottles

Requirements

The Lead Poisoning Control Act sets up rules for the use of lead in children’s products and household furniture in Maine.

Restrictions on the use of lead-based substances

Section 1316, Chapter 252 of the Lead Poisoning Control Act prohibits companies from using or applying lead-based substances (e.g. paint, adhesive, polishing) to the following articles:

a. Interiors and fixtures of the dwelling, residential child-care facility, or preschool facility

b. Toys

c. Household furniture

Restrictions on lead-containing children’s products

Section 1316A, Chapter 252 prohibits companies from manufacturing, selling, or distributing children’s products and toys containing more than 0.009% of lead by total weight.

The above lead content requirement only applies to the base material of a product or product component. It does not apply to the paint or surface coating of the product.

This section applies but is not limited to the following categories of products that are intended to be used by children under the age of 12 years old:

  • Toys
  • Children’s jewelry
  • School supplies
  • Child care articles
  • Children’s lunch boxes

Toxic Chemicals in Children’s Products Law

The Maine Department of Environmental Protection classifies toxic chemicals contained in children’s products into three tiers under the Toxic Chemical in Children’s Products Law:

  • Chemicals of Concern
  • Chemicals of High Concern
  • Priority Chemicals

The prioritization level increases on each tier. The list of Chemicals of Concern currently contains around 1,400 compounds of toxic chemicals that existed in consumer products. From this list, the Department picks out chemicals of high concern to further study and review their toxicity. Chemicals may be elevated to priority chemical status which results in regulatory action.

Currently, manufacturers of children’s products containing substances from the list of Priority Chemicals are required to report to the Maine Department of Environmental Protection.

Product Scope

The Toxic Chemical in Children’s Products Law applies to a broad range of products that are intended to be used by children such as:

  • Shoes
  • Clothing
  • Jewelry
  • Food and beverage containers
  • Cosmetics and personal care products
  • Furniture
  • Toys and games
  • Child safety seats
  • Craft supplies
  • Occasion supplies

Requirements

Chapter 1699 of Toxic Chemicals in Children’s Products Law requires that manufacturers selling children’s products containing any of Maine’s priority chemicals in an amount greater than the “De Minimis” must report to the Maine Department of Environmental Protection within 30 days before selling the products in Maine, and create a Certificate of Compliance.

According to the definition in this section, “De Minimis” of a high concern chemical means:

a. The practical quantification limit of a chemical that is intentionally added to a children’s product, which might vary according to the chemical

b. A contaminant with a concentration higher than 100 parts per million present in a children’s product

Currently, there are 9 categories of substances in the list of Priority Chemicals. Manufacturers selling children’s products containing these substances must report to the Maine Department of Environmental Protection:

  • Phthalates
  • Bisphenol A
  • Arsenic
  • Cadmium
  • Flame Retardants
  • Formaldehyde
  • Mercury
  • PFOS
  • Nonylphenol and Nonylphenol Ethoxylates

Documentation

Manufacturers or distributors should provide the following information when requested:

a. Certificates of Compliance attesting that the children’s product does not contain the priority chemical, or

b. A list of the names and addresses of the persons (i.e. distributors, sellers, resellers, etc.) who are selling the products
if the products are deemed to be non-compliant by the department

Residential Upholstered Furniture

The Residential Upholstered Furniture Law prohibits companies from selling upholstered furniture containing over 0.1% by weight of flame retardant chemicals.

Product Scope

The Residential Upholstered Furniture Law covers upholstered furniture intended to be used indoors that consists wholly or partly of resilient cushioning materials enclosed within a covering made of fabrics or related materials. This definition covers a broad range of furniture such as:

  • Couches
  • Upholstered chairs
  • Recliners
  • Bean bags
  • Pillows
  • Cushions

Requirements

The Residential Upholstered Furniture Law outlined in Chapter 16 of the Sale of Consumer Products Affecting the Environment prohibits anyone from selling or offering to sell upholstered furniture containing more than 0.1% by weight of flame-retardant chemicals in the following parts:

  • Fabric materials
  • Covering materials
  • Cushioning materials

This law covers flame-retardant chemicals including but not limited to:

  • Halogenated flame retardants
  • Phosphorus-based flame retardants
  • Nitrogen-based flame retardants
  • Nanoscale flame retardants

An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution

This act set up rules on the use and notification system for the use of PFAS on certain consumer products in Maine.

Product Scope

The requirements of this act apply to manufacturers who use PFAS on their products to enhance the performance on flammability, anti-grease, and anti-sickness. Products that often contain PFAS include:

  • Carpets
  • Rugs
  • Grease-resistant paper
  • Fast food containers/wrappers
  • Microwave popcorn bags
  • Pizza boxes
  • Candy wrappers
  • Nonstick cookware
  • Upholstery furniture
  • Water-resistant clothing
  • Cleaning products

Requirements

This act phases in the requirements for the prohibition of Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) in consumer products sold in Maine.

The first phase, initiated on 1 January 2023, requires manufacturers who intentionally add PFAS to their products must report to the Maine Department of Environmental Protection, providing the following information:

a. Product description

b. An explanation of why the PFAS are used in the product and which product components the PFAS are used

c. The amount of each of the PFAS used in the products identified by its chemical abstracts service registry number. The amount can be expressed in an exact quantity or a range

d. Manufacturer’s information such as the name, address, contact person, and phone number

e. Any additional information if necessary

At the same time, also effective January 1, 2023, this act prohibits the sales of carpets or rugs that contain intentionally- added PFAS.

The last stage of this act, effective from January 1, 2030, is the implementation of a complete prohibition of the use of PFAS on other consumer products. This means that the use of PFAS is permanently disallowed after that date.

Mercury-Added Products Sales Bans, Labeling and Notification Requirements

The Mercury-Added Products Sales Bans, Labeling, and Notification Requirements establish the sales prohibition, labeling, and notification requirements for certain mercury-added products.

Product Scope

The requirements of this law apply to the following products that contain mercury:

  • Switches and relays
  • Measure equipment
  • Medical devices
  • Lamps
  • Batteries

Requirements

This law prohibits any person from selling or distributing the following mercury-added measure equipment, batteries, and medical devices:

  • Switches and relays
  • Barometers
  • Flowmeters
  • Manometers
  • Pyrometers
  • Thermometers
  • Button cell batteries
  • Esophageal dilators, bougie tubes, and gastrointestinal tubes

For other products containing mercury, manufacturers shall notify the Maine Department of Environmental Protection and apply the relevant labels.

Documentation

This law requires that mercury-added products that are not banned from sale in Maine may be offered for sale or distribution after the manufacturer notify the Maine Department of Environmental Protection of the presence, purpose, and amount of mercury in the product.

Labeling

This law requires that mercury-added products that are not banned from sale, including lamps, and certain motor vehicle components must be properly labeled.

The label should contain information informing the consumers that mercury is present in the product and that the product should not be disposed of until the mercury is removed and reused, recycled, and does not become part of the solid waste.

An Act To Protect the Environment and Public Health by Further Reducing Toxic Chemicals in Packaging

This act prohibits the unnecessary addition of certain heavy metals, PFAS, and phthalates in packaging and packaging components.

Product Scope

The requirements of this act apply to consumer packaging, food packaging, and shipment packaging include but are not limited to the following:

  • Single-use food packaging
  • Shipping containers
  • Carrying cases
  • Crates
  • Rigid foil
  • Wrapping films
  • Bags

The requirements also apply to the packaging components, including:

  • Interior or exterior blocking
  • Bracing
  • Cushioning
  • Weatherproofing
  • Coatings
  • Closures
  • Inks
  • Labels
  • Plasticizers

Requirements

This act restricts the concentration levels of the following heavy metals contained in the packaging and packaging components to be less than 0.01% by weight:

  • Lead
  • Mercury
  • Cadmium
  • Hexavalent chromium

This act prohibits sales of food packaging containing phthalates and PFAS in Maine. This requirement does not apply to manufacturers of food or beverage products that have annual national sales of all food and beverage products of less than one billion dollars.

Documentation

A manufacturer that is exempted from the phthalates and PFAS prohibition must submit a written request to the Department of Environmental Protection explaining that he or she fulfills the exemption requirements in this section.

The Department will decide whether they approve the exemption or not. A 2-year exemption may be granted to the qualified manufacturer.

Learn More

Regulation Website
Act to Protect Pregnant Women and Children from Toxic Chemicals Released into the Home Link
Lead Poisoning Control Act Link
Toxic Chemicals in Children’s Products Law Link
Residential Upholstered Furniture Link
An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution Link
Mercury-Added Products Sales Bans, Labeling and Notification Requirements Link
An Act To Protect the Environment and Public Health by Further Reducing Toxic Chemicals in Packaging Link

Maryland

Child Care Articles Containing Bisphenol-A Prohibited

Maryland Code, Title 24, Subtitle 3.4 establishes requirements for the Bisphenol-A content level in child care articles sold in Maryland.

Product Scope

The requirements of this code apply to empty bottles or cups that are filled with food or liquid and are intended to be used by children under the age of 4 years. Examples of such products include:

  • Baby’s feeding bottles
  • Sipper cups
  • Infant’s straw cups
  • Sucking cups

Requirements

Maryland Code, Title 24, Subtitle 3.4 prohibits the manufacture, sale, or distribution of child care articles containing more than 0.00005% by weight of Bisphenol-A.

The code also requires that manufacturers of bottles or cups should not replace Bisphenol-A with:

a. Carcinogens rated by the United States Environmental Protection Agency (EPA) as Group A, B, or C carcinogens; or

b. Reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the EPA

Cadmium in Children’s Jewelry

Maryland Code, Title 6, Subtitle 14 on Cadmium in Children’s Jewelry establishes requirements for the cadmium content level in children’s jewelry sold in Maryland.

Product Scope

The requirements of this code apply to jewelry that is intended to be worn or used by children under the age of 13 years. Examples of such products include but are not limited to the following:

  • Charms
  • Bracelets
  • Pendants
  • Necklaces
  • Earrings
  • Rings

Requirements

The Maryland Code requires that no person may manufacture, sell, offer for sale, or distribute any children’s jewelry that contains more than 0.0075% of cadmium by weight.

Mercury and Products that Contain Mercury

Maryland Code, Title 6, Subtitle 9, Part II on Mercury and Products that Contain Mercury prohibits the sale of certain mercury-added products in Maryland, and sets up labeling requirements for non-banned products that contain mercury.

Product Scope

The requirements of this code cover certain mercury-added products such as:

  • Fever thermometers
  • Thermostats
  • Electric switches
  • Electric relays

Requirements

Maryland Code, Title 6, Subtitle 9 Part II on Mercury and Products that Contain Mercury prohibits the sales of the following mercury-added products in Maryland:

  • Mercury fever thermometers (except by prescription)
  • Thermostats containing mercury

Also, the code provides labeling requirements for other mercury-added products.

Labeling

This code sets up the labeling requirements for mercury-added products, which should include the following information:

a. A statement explaining that the product contains mercury

b. A statement explaining that the product should be compliant with federal and state regulations to minimize the mercury released into the environment

Flame Retardants Law

The requirements of the Flame Retardants Law restrict the flame retardant content for certain consumer products to be no more than 0.1% by weight.

Product Scope

The Flame Retardants Law covers the following products:

  • Children’s products (used by children under the age of 12 years)
  • Mattresses
  • Upholstered furniture
  • Reupholstered furniture

This law doesn’t apply to the following products:

  • Electronic components or their casings
  • Components of upholstered or reupholstered furniture other than cover fabric, barrier material, resilient filling material, and decking material
  • Threads or fiber used for stitching mattress components together
  • Components of adult mattresses except for foam

Requirements

The Flame Retardants Law prohibits anyone from importing, selling, or offering for sale certain products that contain more than 0.1% of flame-retardant chemicals by weight. These products include any juvenile product, mattress, upholstered furniture, or reupholstered furniture.

The law defines flame-retardant as chemicals:

a. Containing one or more halogen elements, including fluorine, chlorine, bromine, or iodine

b. Containing one or more carbon elements and one or more phosphorus elements

c. Containing one or more carbon elements and one or more nitrogen elements, or

d. is a nanoscale chemical

Lead Containing Children’s Products

Maryland Code, Title 6, Subtitle 13 Lead-Containing Children’s products set up requirements for manufacturers and importers of children’s products regarding the lead concentration level, test, and documentation requirements.

Product Scope

The requirements from Subtitle 13 apply to the following products that are designed to be used by children under the age of 13 years old:

  • Accessories
  • Jewelry
  • Clothing
  • Decorative objects
  • Furniture
  • Food contact products
  • Toys

Requirements

Maryland Code, Title 6, Subtitle 13 Lead-Containing Children’s products prohibit anyone from manufacturing, importing, selling, or distributing a children’s product that contains more than 0.06% of lead by weight. It also requires manufacturers or importers to draft children’s product certifications.

Documentation

The code also requires that manufacturers or importers of the children’s products for which a children’s product certification is required under federal law should issue such a document. This is to certify that the children’s products do not have more than 0.06% of lead by weight as required by this law.

PFAS Chemicals

Maryland Code Title 6, Subtitle 16 on PFAS Chemicals sets up the requirements for the use of Class B fire-fighting foam in Maryland.

Product Scope

The requirements of Subtitle 16 apply to Class B fire-fighting foam. Class B Foam is also referred to as AFFF. It is used to extinguish Class B materials such as gasoline, oil, and jet fuel.

Requirements

Maryland Code Title 6, Subtitle 16 on PFAS Chemicals requires that Class B fire-fighting foam that contains intentionally added PFAS chemicals may not be used for testing nor training purposes.

The requirement of Subtitle 16 does not restrict the manufacture, sale, or distribution of Class B fire-fighting foam that contains intentionally added PFAS chemicals, and that is not thought for testing nor training purposes.

Product Liability Laws

The Product Liability Laws determine manufacturers’ liability in the commercial activities that take place in Maryland. Under the defined circumstances, manufacturers and sellers are responsible for the injury or loss of the claimants.

Product Scope

The product liability in Maryland applies to products that are intended to be used by consumers, including but are not limited to the following:

  • Beddings and pillows
  • Laser devices
  • Apparel and textiles
  • Footwear
  • Bluetooth speakers

Requirements

Under the Maryland product liability laws, manufacturers are responsible for the injury or loss of the claimants for the following factors:

a. Manufacturing defects (e.g. manufacturer use unqualified materials; being careless in the manufacturing process; fail to train the workers properly; or fail to conduct a quality inspection after finishing production)

b. Design defects (e.g. the manufacturer fail to design or manufacture the product in a proper way)

c. Marketing defects (e.g. the manufacturer fail to inform consumers of potential and latent dangers in the product)

Labeling

Manufacturers are responsible for providing adequate warning information or instructions to teach consumers the proper and safe way to use the products.

Learn More

Regulation Website
Child Care Articles Containing Bisphenol-A Prohibited Link
Cadmium in Children’s Jewellery Link
Mercury and Products that Contain Mercury Link
Flame Retardants Law Link
Lead Containing Children’s Products Link
PFAS Chemicals Link
Product Liability laws Link

Massachusetts

Act to Protect Children, Families, and Firefighters From Harmful Flame Retardants

This is an act establishing rules to restrict the concentration level of chemical flame retardants contained by certain consumer products, in particular, residential furniture and children’s products.

Product Scope

The requirements of this act apply to beddings, carpeting, and window treatment as the following:

  • Mattresses
  • Mattress pads
  • Mattress covers
  • Pillows
  • Blankets
  • Comforters
  • Duvet covers
  • Sleeping bag
  • Floor covering
  • Curtain materials
  • Blinds
  • Shades

This act also covers consumer products that are intended to be used by children under the age of 12 years of age.

Requirements

This act requires that manufacturers or retailers should not import, manufacturer, sell, or distribute to the State of Massachusetts the following types of products containing over 0.1% of harmful flame retardants by weight:

  • Children’s products
  • Bedding material
  • Carpetings
  • Upholstered furniture
  • Window treatment

Examples of the chemical retardants include:

  • TDCPP
  • TCEP
  • Antimony trioxide
  • HBCD
  • PentaBDE
  • OctaBDE

Visit the website of the General Court of the Commonwealth of Massachusetts to see the full list of the restricted chemical flame retardants and their Chemical Abstracts Service number.

Act to Reduce Exposure to BPA

Bill S. 1423, also known as Act to Reduce Exposure to BPA, was proposed to prohibit the use of Bisphenol A, Bisphenol S, and Bisphenol AF in thermal paper sold in Massachusetts.

Product Scope

The product scope proposed by this bill covers thermal paper used as cash register receipts used in the following venues:

  • Restaurants
  • Cafes
  • Grocery stores
  • Shopping malls

Requirements

Bill S.1423 proposes that, after July 1, 2022, no company may manufacture, sell, or distribute thermal papers containing Bisphenol A (BPA), Bisphenol S (BPS), and Bisphenol AF (BPAF) in Massachusetts.

This bill proposes that manufacturers of cash register receipts shall submit the following information to the Massachusetts Department of Public Health in order to facilitate the Department’s record-keeping and evaluation of the use of chemicals in cash register receipts:

  • Coating ingredients
  • Chemical names
  • Chemical abstract numbers

Massachusetts Mercury Management Act

The Massachusetts Mercury Management Act establishes rules concerning the use, prohibition, and recycling of products containing mercury in the State of Massachusetts.

Product Scope

The Massachusetts Mercury Management Act covers a broad range of mercury-added products, including:

  • Medical devices
  • Measure equipment
  • Switches
  • Lamps

Requirements

In this section, we briefly introduce the requirements of the Mercury Management Act.

Recycling program

This act requires manufacturers of products containing mercury to set up the actionable collecting or recycling facility to collect the out-of-service mercury-containing products and to recycle their mercury content in Massachusetts.

Prohibition on certain mercury-containing products containing

This act bans the sales and distribution of the following mercury-containing measure equipment and medical devices:

  • Flowmeters
  • Barometers (devices to measure air pressure)
  • Hydrometers (devices to measure the density of the liquid)
  • Hygrometers and psychrometers (devices to measure humidity)
  • Manometers (devices to compare pressure)
  • Pyrometers (devices to measure extremely high temperature)
  • Sphygmomanometers (devices to measure blood pressure)
  • Basal thermometers (devices to measure the ovulation of women)
  • Esophageal dilators
  • Bourgie tubes
  • Gastrointestinal tubes

In addition, this act also prohibits the sale of mercury switches and relays.

Notification

For mercury-containing products that are not banned, the act requires manufacturers to notify the Interstate Mercury Education and Reduction Clearinghouse (IMERC), regarding the following information:

a. The name and description of the components of the products that contain mercury

b. The amount of mercury contained in each component

Labeling

The act requires that manufacturers selling products that contain intentionally added mercury must label their products. The label should contain information to inform consumers that such products must be recycled at the end of their useful life or disposed of as hazardous waste.

105 CMR 620.000: Bedding, Upholstered Furniture, and Related Products

Chapter 105, Code of Massachusetts Regulations 620.001-620.005 outlines labeling, sterilization, licensing, and other general requirements for bedding, upholstered furniture, and related products sold in the State of Massachusetts.

Product Scope

The requirements of this section apply to bedding and upholstered furniture such as:

  • Couches
  • Cushions
  • Pillows
  • Recliners
  • Quilted pads
  • Mattresses
  • Mattress pads
  • Hammock pads
  • Comforters
  • Sleeping bags

Additionally, the requirements in this section also apply to children’s furniture and stuffed toys.

Requirements

Chapter 105, Section 620 of CMR (Code of Massachusetts Regulations) requires that manufacturers of upholstered furniture, bedding, or stuffed toys must apply for a manufacturer’s license from the Department of Public Health and obtain a serial number before they are allowed to sell their products in Massachusetts.

Wholesalers of upholstered furniture, bedding, or stuffed toys should apply for the wholesale dealer’s license from the Department of Public Health every year unless they hold a manufacturer’s license.

Labeling

In this section, we outline the regulations’ labeling requirements.

Description

Chapter 105, Section 620 of CMR requires that manufacturers of bedding, upholstered furniture, and stuffed toys should attach a label to their products. The label should include information such as the following:

a. The header shall read “All New Material” if the product is made of all new filling materials

b. The description of the filling materials in weight percentage by descending order (e.g. Cotton, Down, Feathers, Foam, etc.)

c. Serial number of the manufacturer (assigned by the Department of Public Health)

d. Date of delivery

e. Federal RN number

f. Country of Origin

On top of all labels shall be inscribed the following statement:

“DO NOT REMOVE THIS LABEL UNDER PENALTY OF LAW”

or

“DO NOT REMOVE THIS TAG UNDER PENALTY OF LAW”

Material

The label should be made of either one of the materials or material of comparable quality, which shall not flake when abraded:

  • Tyvek
  • Valeron
  • Vellum cloth

Size

The label size of the bedding and upholstered furniture shall be no less than 2*3 inches. The label on the stuffed toy may be smaller in size given that the information on the label is legible and sufficient.

e-Cigarette Regulations

The e-Cigarette Regulations of Massachusetts set out rules regarding the sales, distribution, packaging, and tax requirements for electronic cigarettes.

Product Scope

The requirements of the e-Cigarette Regulations of Massachusetts apply to electronic-powered cigarettes that contain or not containing nicotine. Such products include the following type of products and other similar products that rely on vaporization or aerosolization of the e-liquid for users to inhale:

  • Electronic cigars
  • Electronic pipes
  • Electronic nicotine delivery systems

Requirements

The e-Cigarette Regulations of Massachusetts prohibits the sales or distribution of electronic cigarettes to anyone that is below the age of 21 years old.

The e-liquids and gels containing nicotine must be sold in child-resistant packages.

Learn More

Regulation Website
Act to Protect Children, Families, and Firefighters From Harmful Flame Retardants Link
Act to Reduce Exposure to BPA Link
Massachusetts Mercury Management Act Link
105 CMR 620.000: Bedding, Upholstered Furniture, and Related Products Link
e-Cigarette Regulations Link

Michigan

Children’s Jewelry – Use or Application of Lead-Bearing Substance Prohibited

The Public Health Code of Michigan prohibits companies from selling children’s jewelry that contains lead coating.

Product Scope

This rule applies to children’s jewelry such as:

  • Rings
  • Necklaces
  • Bangles
  • Bracelets
  • Earings
  • Brooches
  • Tiara

Requirements

Under Michigan law, it is illegal for any company to use or apply a lead-bearing substance in or on any children’s jewelry in the State of Michigan.

Lead Poisoning Prevention Program

The Lead Poisoning Prevention Program establishes selling rules for lead-based paint and products that are painted with lead-based paint in Michigan.

Product Scope

This Lead Poisoning Prevention Program applies to lead-based paint and consumer products that contain lead-based paint or lead readily accessible parts, such as:

  • Household products
  • Furniture
  • Furnishing
  • Tableware
  • Kitchen utensils
  • Food contact packaging
  • Jewelry

Requirements

The Lead Poisoning Prevention Program sets up rules for selling lead-based paint and products that contain lead, as below.

Lead-based paint

This Program prohibits companies to sell or give away any lead-based paint unless permitted by federal or state regulation, and under the condition that the lead-based paint container bears the following notice:

Warning! Contains lead compound.

Do not apply to toys, furniture, or any other surfaces which are readily accessible to children. Wash hands thoroughly after using and before eating or smoking.

Certain items lead-containing products

This Lead Poisoning Prevention Program prohibits any company from selling household or decorative products that are painted with lead-based paint, or unpainted products with lead readily accessible parts, such as:

  • Kitchen utensils
  • Toys
  • Furniture
  • Tableware
  • Food contact packaging
  • Jewelry

Electronic Waste Takeback Program

The Electronic Waste Takeback Program establishes rules for manufacturers and retailers of personal computers. These rules involve registration, recycling, and labeling requirements.

Product Scope

The Electronic Waste Takeback Program only covers computers used by individuals and small businesses with 10 or fewer employees.

Here are some examples of covered products:

  • Desktop computers
  • Laptop computers
  • Monitors
  • Tablets
  • Televisions
  • Printers

Requirements

The Electronic Waste Takeback Program requires manufacturers of computer equipment and television must do the following:

a. Register with the Department of Environment, Great Lakes, and Energy (EGLE) before selling

b. Establish a recycling program and a website site with recycling information and methods for individuals and small businesses with less than 10 employees

c. Submit information about their takeback program annually, i.e. number of units collected, names of collection or recycling agencies involved

d. Label the brand name on every unit of the covered products

e. Accept up to 7 covered electronic devices from a single consumer in a single day

In addition, retailers can only sell new computers and televisions produced by registered manufacturers.

Documentation

Manufacturers must submit the registration form to the EGLE prior to selling the products. They should also submit takeback program information to EGLE revealing the number of units collected and names of collection or recycling agencies.

Labeling

Manufacturers must place a label on the outer shell of the covered products indicating the brand name.

Mercury Legislation

Under the Mercury Legislation of Michigan, there are several acts prohibiting the sales of certain mercury-added products.

Product Scope

The Mercury Legislation covers the following products:

  • Thermometers
  • Thermostats
  • Blood pressure devices
  • Medical devices

Requirements

The Mercury Legislation of Michigan prohibits the sales of certain mercury-added products in Michigan, as outlined below.

Mercury Thermometer Sales Ban

Public Act 578 of 2002 prohibits anyone from selling or offering mercury thermometers in Michigan.

Mercury Thermostat Sales Ban

Public Act 492 of 2006 bans the sale of mercury-containing thermostats in Michigan.

Mercury Blood Pressure Device Sales/Use Ban

Public Act 493 of 2006 prohibits the sale of mercury-added blood pressure devices except when these devices are deemed warranted to be used in homes or calibration of mercury-free devices in health care facilities

Mercury-containing Medical Device(s) Sales Ban

Public Act 494 of 2006 bans the sale of certain mercury-containing medical devices in Michigan, including:

  • Esophageal dilators
  • Bougie tubes
  • Gastrointestinal tubes

Bedding and Upholstered Furniture Law

The Bedding and Upholstered Furniture Law establishes rules for manufacturers of bedding and upholstered furniture when selling in the state of Michigan.

Product Scope

This Law applies to bedding products and upholstered furniture such as the following:

  • Mattresses
  • Couches
  • Recliners
  • Upholstered springs
  • Sleeping bags
  • Pads
  • Comforters
  • Cushions
  • Pillows
  • Decorative pillows

Requirements

This law requires that each manufacturer of covered products must do the following:

a. Register with the Health Department and apply for the permit before selling in Michigan

b. Report to the Health Department the number of articles sold in the previous year

Labeling

This law requires that companies that sell bedding or upholstered furniture should affix a label made of cloth or other suitable material to the products. The size of the label should be at least be 2*3 inches. This label should be permanently and firmly attached to the products and do not flake when abrades.

The label should display the following information written in English:

a. Name of the material or materials used to fill such articles of bedding

b. Date of manufacturer

c. Name and address of the manufacturer

d. Registration number

e. The words “All New Material” in letters at least ⅛ of one inch high (if the product is made of new materials ) in white color
Other information should be indicated on the label such as:

a. When the product contains foam, the label should state whether it is rubber or synthetic foam and the form of the foam (e.g. mold, sheet, flake, shredded). The label should also indicate the thickness of the rubber or synthetic foam pads or sheets.

b. When the product contains artificially colored filling materials, the label should contain the word “colored” prior to the name of such materials.

For more information on the labeling requirements for bedding and upholstered items, you can visit the link “Bedding and Upholstered Furniture Law” in the table below.

Liability of Manufacturer or Seller

The Revised Judicature Act of 1961 defines the liability for product manufacturers and sellers in the State of Michigan.

Product Scope

The product liability rules apply to a broad range of consumer products such as:

  • Electronic products
  • Toys
  • Fitness equipment
  • Cosmetics and personal care products
  • Household appliances
  • Child care products
  • Cleaning products

Requirements

Section 600.2947 of the Revised Judicature Act of 1961 states that product manufacturers are responsible to ensure the safety of the product to the users when designing, making, assembling, or during other production processes.

It also defines the product liability limitations for manufacturers and sellers as follows:

a. Product manufacturers or sellers are not liable in a product liability action for the harm caused by an alteration of the product unless the alteration was reasonably foreseeable

b. Product manufacturers or sellers are not liable in a product liability action for harm caused by misuse of a product unless the misuse was reasonably foreseeable

c. Product manufacturers or sellers are not liable in a product liability action if the user was aware that use of the product is going to create an unreasonable risk of personal injury before using the product and voluntarily exposed himself or herself to that risk

Labeling

This section also specifies that manufacturers are liable for failing to provide adequate warning information to the users when it is required by state or federal regulations.

Learn More

Regulation Website
Use or Application of Lead-Bearing Substance Prohibited Link
Lead Poisoning Prevention Program Link
Electronic Waste Takeback Program Link
Mercury Legislation Link
Bedding and Upholstered Furniture Law Link
Liability of Manufacturer or Seller Link

Minnesota

Trade Regulations, Consumer Protection

Chapter 325F of Minnesota Statutes on Trade Regulations and Consumer Protection covers the requirements for the manufacturing, sale, and marketing, and labeling of a wide range of consumer products. In the following sections, we introduce several product categories that are covered in this chapter and the respective requirements.

Product Scope

The requirements of this chapter cover a large number of product categories, including:

  • Toys
  • Cribs
  • Children’s food and beverage containers
  • Sleeping bags and camping tents
  • Matches
  • Beddings
  • Cotton duck and canvas
  • Fur garments
  • Jewelry
  • Food packaging

Children’s Products Substances Restrictions: Requirements

Section 325F.172-175 and Section 325F.176-178 establish the requirements of making and selling certain children’s products that contain intentionally added Bisphenol A or formaldehyde.

Bisphenol A

Section 325F.172-175 prohibits anyone from manufacturing food and beverage containers that are intended to be used by children under the age of 3 and that contain Bisphenol-A.

Here we list some examples of covered products:

  • Cups
  • Boxes
  • Cans
  • Jars (including the lids)
  • Bottles

Formaldehyde

Section 325F.176-178 prohibits manufacturers, retailers, or wholesalers to sell or offer for sale children’s products that contain:

a. intentionally-added formaldehyde

b. Chemicals that degrade to release free formaldehyde (under normal conditions of temperature and pressure) at levels exceeding 0.05% by weight

The requirements of this section apply to products that are intended to be used by children under the age of 8 years old and are designed to be physically applied to or introduced into a child’s body. Examples of such products include:

  • Makeup products
  • Haircare products
  • Skincare products
  • Manicure products
  • Mouth washing products

The requirements of this section do not apply to children’s toys, dietary supplements, nor medical devices.

Other substances

Section 325F.172-175 and Section 325F.176-178 also require that manufacturers of the covered children’s products may not replace the Bisphenol A or formaldehyde with other substances that have either of these features:

  • Cause developmental toxicity to children
  • Cause cancer, genetic damage, or reproductive harm
  • Disrupt the endocrine or hormone system
  • Damage the nervous system, immune system, or organs, or cause other systemic toxicity

Hazardous Toys: Requirements

Section 325F.08 prohibits anyone from importing, manufacturing, selling, or distributing toys or other articles intended for use by children under the age of 14 years old which present the following hazards:

  • Electrical hazards
  • Mechanical hazards
  • Thermal hazards
  • Toxic hazards
  • Flammable hazards
  • Suffocation hazards

Crib Safety: Requirements

Section 325F.171 prohibits the sale of unsafe cribs that do not conform to the Code of Federal Regulations and the ASTM standards, or other applicable state or industry standards. Manufacturers of baby’s cribs should follow these regulations and standards:

a. Code of Federal Regulations, title 16, part 1508

b. Code of Federal Regulations, title 16, part 1509

c. Code of Federal Regulations, title 16, part 1303

d. ASTM F1169 – Standard Consumer Safety Specification for Full-Size Baby Cribs

Children’s Jewelry: Requirements

Section 325E.389 of Trade Regulations, Consumer Protection sets out the requirements for cadmium content in children’s jewelry sold in Minnesota.

The section applies to children’s products such as:

  • Anklets
  • Bracelet
  • Earrings
  • Necklaces
  • Hair accessories
  • Rings

Section 325E.389 of Trade Regulations, Consumer Protection requires that the content of cadmium in the surface coating or accessible substrate material of metal or plastic components of children’s jewelry should not exceed 0.0075% by weight.

This section requires that manufacturers of children’s jewelry should test the cadmium content through ASTM F-963’s solubility testing for heavy metals.

Jewelry Products Containing Lead: Requirements

This act restricts the use of lead in metal and non-metal components in jewelry products. The requirements of this act apply to the following jewelry and its components:

  • Anklets
  • Arm cuffs
  • Bracelet
  • Earrings
  • Necklaces
  • Brooches
  • Chains
  • Crowns
  • Cufflinks
  • Hair accessories
  • Pins
  • Rings

The act requires that no person should sell or distribute any jewelry that contains an unsafe level of lead (e.g. more than 0.06%) by weight unless the jewelry is made entirely or the combination from a Class 1, Class 2, or Class 3 material.

Visit the Minnesota Statutes to see the definition of the jewelry classification.

Requirements- Food Packaging

Section 325F.075 of Trade Regulations, Consumer Protection prohibits the use of PFAS on food packaging. The prohibition starts on 01 January 2024.

The prohibition of PFAS on food packaging covers these types of packaging:

  • Wrapping paper
  • Plastic films
  • Plastic bags
  • Paper cartons
  • Microwave popcorn bags
  • Bakery bags

The PFAS prohibition also applies to the individual assembled part of a food package, such as:

  • Interior or exterior blocking
  • Bracing
  • Cushioning
  • Weatherproofing
  • Exterior strapping
  • Coatings
  • Closures
  • Inks
  • Labels

Sleeping Bags and Camping Tents: Requirements

Section 325F.03-07 requires that sleeping bags and camping tents be sold in Minnesota must comply with the following fire safety standards:

a. Camping Products Association International Standard C.P.A.I. – 75. (Sleeping bags)

b. Camping Products Association International Standard C.P.A.I. – 84. (Camping tents)

You can read more about the requirements of C.P.A.I. – 75 and C.P.A.I. – 84 on Minnesota’s government website.

Matches: Requirements

Section 325 F.02 prohibits the manufacture, storing, selling, or disposing of, parlor matches or any type of double-dipped matches unless the bulb or first dip of such match is composed of safety or inert composition, non-ignitable on an abrasive surface.

This section also requires that the package or container of types of matches must bear the following information:

  • Name of the manufacturer
  • Brand or trademark of the manufacturer

Bedding Products: Requirements

Section 325F.25-34 outlines the requirements for the sales and labeling of bedding products in Minnesota.

Each new article of bedding should accompany a label made of durable material in size not less than three by 4-1/2 inches. The label shall be attached to each bedding article by sewing all four edges of the label. Also, it should contain the following information written in English in this format:

OFFICIAL STATEMENT

Materials used in filling: [add here]
Made by Vendor: [add here]
Address: [add here]

This article is made in compliance with Minnesota Statutes, sections 325F.25 to 325F.32.

The requirements in this section apply to bedding products that are designed and made for use in sleeping or reclining purposes, such as:

  • Mattress
  • Upholstered spring
  • Comforters
  • Pads
  • Cushions
  • Pillows

Used bedding products

This section claims that no person shall sell or lease any bedding products that:

a. Has been used in a private or public hospital, or

b. Has been used by or about any person having an infectious or contagious disease

Cotton Duck or Canvas: Requirements

Section 325F.35-41 establishes requirements for the manufacture, sales, and labeling of cotton duck and canvas sold in Minnesota.

It requires that any company that manufactures, sells, or offers to sell cotton duck or canvas should comply with the following:

a. Mark the correct weight of such cotton duck or canvas by ounces per yard

b. Describe the name of any filler in the cotton duck or canvas
The requirements in this section do not apply to clothing and wearing apparel that is made wholly or partially of cotton duck or canvas.

Fur Apparel: Requirements

Section 325 F.42 outlines the marketing and labeling requirements of garments that are made of fur.

It requires that clothing that is made of fur should not be sold or offered for retail sale in Minnesota under any false or deceptive name. This means the sellers of such items shall not make deceptive statements regarding the value of the fur during the marketing or sales stages, i.e. making a higher claim to the price or value of the item than its actual value.

Garments that are made of fur should have an attached tag indicating the trade name of the fur. This information should also be contained on the sales slip or invoice delivered to the purchaser at the time of sale.

Labeling

Manufacturers or sellers of products covered under Chapter 325F should refer to each section and follow the specific labeling requirements if there are any. For example, specific labeling requirements are set for bedding products and matches.

Toxic-Free Kids Act

The Minnesota Free Kids Act designates certain chemicals as “Priority Chemical” or “Chemical of High Concern” when these chemicals cause developmental or reproductive harm, cancer, or other issues to humans.

This act aims to protect infants and children from the harm of toxic chemicals and encourage the gradual replacement of these toxic chemicals with safer options. However, at the moment it doesn’t set any specific substance restrictions.

Product Scope

The Toxic-Free Kids Act covers product categories such as:

  • Toys
  • Children’s car seats
  • Children’s personal care products
  • Children’s clothing
  • Infant or children food and beverage containers

This act does not cover the following product categories:

  • Pharmaceutical products
  • Consumer electronics products and electronic components (e.g. computers, cameras, game consoles, printers, etc)
  • Outdoor sport equipment

Requirements

The Minnesota Toxic-Free Children’s Act requires the Minnesota Department of Health (MDH) to create and maintain a list of Chemicals of High Concern (CHC) and Priority Chemicals (PC). The selection of chemicals is based on the degree of toxicity of the chemicals, e.g. whether it causes cancer, genetic damage, reproductive harm, or other harm).

The purpose of making these lists is to raise awareness of the public on the danger of these chemicals and encourage the use of green chemistry on children’s products.

The following chemicals are listed in the Priority Chemicals list, and some of them have been prohibited or restricted on certain products by the other regulations in Minnesota, such as the Trade Regulations, Consumer Protection:

  • Bisphenol-A
  • Cadmium
  • decaBDE
  • Formaldehyde
  • HBCD
  • Lead
  • Phthalates (BBP, DBP, DEHP)

Product Liability

Manufacturers in Minnesota are responsible for the defects that cause injury or loss to consumers.

Product Scope

Product liability applies to consumer products sold in the market, such as:

  • Electronics
  • Toys
  • Children’s products
  • Machinery
  • Construction materials

Requirements

In Minnesota, product liability claims can be based on the following legal theories:

a. Negligence: the manufacturer was careless when manufacturing a product it resulted in customers’ injuries or property damage

b. Strict liability: the manufacturer or seller wasn’t careless, but manufactured or sold a defective product

c. Breach of implied warranty: the product didn’t work as it was advertised or claimed

This means that the manufacturers are responsible for the design and manufacture defects that caused injuries or losses to the claimants.

Labeling

Manufacturers are responsible for providing enough instructions or warnings to the product at the point of sale to make sure that the users know the proper and safe way to use the products.

Learn More

Regulation Website
Trade Regulations, Consumer Protection Link
Toxic-Free Kids Act Link
Product Liability Link

Mississippi

Mississippi Lead-Acid Battery Laws

The Mississippi Lead-Acid Battery Laws set out the requirements for the collection and recycling of lead-acid batteries. They cover topics such as the disposal of lead-acid batteries, duties of retailers and sellers, and the distribution notice requirement.

Product Scope

Lead-acid batteries are commonly used in small-scale power storage systems such as lighting or automobile ignition. Here are some examples of products that use lead-acid batteries:

  • Uninterruptible power supply (UPS) system
  • Emergency lighting
  • Temporary traffic signals
  • Golf carts
  • Solar panels

Requirements

The laws set out the requirements for lead-acid batteries as below:

a. No person should place a lead-acid battery in mixed municipal solid waste

b. Lead-acid battery’s sellers should accept used lead-acid batteries from customers

c. Lead-acid batteries should include specific statements as outlined in the next section

Labeling

The laws set out the labeling requirement for lead-acid batteries as below:

a. All sold acid batteries should bear a universally accepted recycling symbol

b. Lead-acid batteries should include the following statements, which must have a size of at least 8.5x 11 inches:

It is illegal to discard a motor vehicle battery or other lead-acid battery”

Recycle your used batteries

State law requires us to accept used motor vehicle batteries or other lead-acid batteries for recycling in exchange for new batteries purchased

Manufacture and Sale of Jewelry and Optical Equipment

The Mississippi Code Title 75 covers jewelry auctions and the sale of optical equipment, such as sunglasses and other eyewear. It covers prohibitions in jewelry auctions and visual requirements of sunglasses.

Product Scope

The code covers both jewelry and optical equipment. Here are some examples of covered products:

  • Necklaces
  • Bracelets
  • Rings
  • Eyewear
  • Sunglasses

Requirements

The code sets out the requirements for both jewelry auction and the sale of optical equipment as below:

a. It’s unlawful to sell or dispose of jewelry products (e.g gold, silver, or plated ware) during a public auction

b. Companies should provide a full and complete inventory report to the clerk of the chancery court before the jewelry auction

c. Companies conducting such jewelry auctions should be truthful in marking or describing the quantity, size, grade, or value

d. No person should fabricate, sell, or offer eyeglasses or sunglasses unless they are fitted with plastic lenses, laminated lenses, or glass lenses that have a minimum center thickness of 2 millimeters

Installation or Sale of Certain Untested Devices Prohibited

The Mississippi Code Title 75 prohibits the installation or sale of untested hot water supply storage tanks, heaters, and similar products. It also sets out the testing requirements for covered products.

Product Scope

The code covers devices such as:

  • Hot water supply storage tanks
  • Heaters (120-gallon capacity or less)
  • Water baffles
  • Heat traps

Requirements

The code sets out the following requirements:

a. Covered products should be tested to withstand 225 degrees Fahrenheit without deteriorating in any manner

b. Tanks, heaters, water baffles, or heat traps should be labeled with a conformity statement

Labeling

The code states that manufacturers should include a label with a conformity statement such as;

This device has been tested to withstand 225 degrees Fahrenheit without deteriorating in any manner”.

Factory-Built Homes

The Mississippi Code Title 75 sets out the requirements for factory-built homes, such as panelized homes and modular homes. It authorizes the state commissioner for safety examinations and requires compliance with federal standards.

Product Scope

The code covers different kinds of factory-built homes, such as:

  • Mobile homes
  • Modular homes
  • Panelized homes
  • Pre-cut homes

Requirements

The code sets out the requirements as below:

a. The state commissioner is authorized to investigate and examine engineering and construction practices and techniques

b. All manufactured homes should meet the requirements set forth in the Federal standard 24 CFR Section 3280

Paints, Varnishes, and Similar Materials

The Mississippi Code Title 75 sets out the requirements for paints, varnishes, and similar materials placed in the market. It covers topics such as labeling requirements and prohibition of sales for misbranded products.

Product Scope

The code defines paint as “all substances that are intended for use as a paint or as components of paints”. Here are some examples of the covered products:

  • Pastes
  • Household use paints
  • Implement paints
  • Ready-mixed paints

Requirements

The code sets out the requirements as below:

a. Covered products or their container should bear a label printed in legible type in English

b. Insufficient labeling should be deemed to be misbranded and manufacturers are prohibited to offer or sell these products

c. The state chemist should have access to examine the paint products for any safety concern

Labeling

Manufacturers should not offer or sell any covered products with insufficient labeling information. Here is some information that should be included in the label:

  • The kind of paint or material
  • Manufacturers or distributor contact information
  • The net weight of the paint
  • The percentage of each component or constituent

Product Liability Actions

The Mississippi Code Title 11-1-63 introduces the Product Liability Actions for consumer products, such as children’s products and household products. It covers the liability of manufacturers and actions that can be taken by damaged or injured consumers.

Product Scope

The Product Liability Actions are relevant for most consumer products sold in Mississippi, such as:

  • Kitchen utensils
  • Children’s products
  • Electrical products
  • Household products

Requirements

The Product Liability Actions set out general provisions as below:

a. Manufacturers are liable for personal injury, death, or property damage caused by defective products (e.g defective design)

b. A person can file a claim if the product failed to contain adequate warnings or instructions

c. Product liability actions can be commenced within 90 days of the injury, or property damage occurs

Labeling

Manufacturers are liable for inadequate labeling. Therefore, they should provide sufficient information on the label such as:

  • User instructions
  • Warning statements
  • Product SKU
  • Manufacturer contact information

Learn More

Regulation Website
Mississippi Lead-Acid Battery Laws Link
Manufacture and Sale of Jewelry and Optical Equipment Link
Installation or Sale of Certain Untested Devices Prohibited Link
Factory-Built Homes Link
Paints, Varnishes, and Similar Materials Link
Product Liability Actions Link

Missouri

Food, Drugs and Cosmetics-Regulation and Inspection

The Missouri Revised Statutes Chapter 196 regulates the sale of food, drug, and cosmetic products being sold in Missouri. It covers topics such as product prohibitions, misbranded or adulterated items, and the use of poisonous substances.

Product Scope

The statutes cover food, drug, and cosmetic products as defined below:

Food

Articles used for food or drink for man or other animals. Here are some examples of covered products:

  • Canned foods
  • Meat products
  • Biscuits
  • Snacks

Drugs

Articles recognized in the official United States Pharmacopoeia, intended for use in the diagnosis, cure, and treatment. Here are some examples of covered products:

  • Aspirins
  • Antihistamines

Cosmetics

Articles intended to apply to the human body for cleansing, beautifying, and altering the appearance. Here are some examples of covered products:

  • Facial makeups
  • Lipsticks
  • Fingernail polishes
  • Perfumes

Requirements

The statutes set out the requirements as below:

a. The statutes prohibit any sale of food, drug, and cosmetic that is adulterated or misbranded (e.g. a label with incorrect ingredients)

b. The statutes prohibit the use of poisonous or deleterious substances in food, drug, and cosmetic products

c. The statutes require registration for any sale or delivery of new drugs

d. Food, drugs, and cosmetics products should comply with relevant federal requirements

Labeling

A product that features a label with Insufficient information is considered as a misbranded product under the statutes. Therefore, food, drug, and cosmetic products should at least include the following information on the label:

  • Product SKU
  • Manufacturer information
  • List of ingredient
  • Expire date
  • Warning statement (if applicable)

Mattresses-Missouri Revisor of Statutes

The Revised Statutes of Missouri Chapter 421 set out the requirements for the sale of mattresses, which include labeling, material grades, and more.

Product Scope

The Statutes define a mattress as any fabric product with filling material that can be used for sleeping or reclining purposes. Here are some examples of the covered products:

  • Mattresses
  • Box springs
  • Studio couches
  • Bean bags

Requirements

The Missouri Statutes set out the requirement for bedding items as below:

a. All bedding items should bear a clear and conspicuous label about the material statement, for example, “New material” or “Secondhand material.”

b. No person should remove, deface or alter any statement on the label

c. Companies should attach a label for the material grades and registry number (established by the department of health and senior services)

Labeling

The statutes require that manufacturers or sellers should include the following information on the label:

a. A Statement at the top of the label: “UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER”

b. A material statement, such as “All New Material”, or “Secondhand Material”

c. Description of filling material

d. The registry number assigned by the health and senior services (if applicable)

e. For renovated articles, the name, and address of the owner

f. The finished size of the items (e.g the width and length expressed in inches)

E-cigarette Regulations

Missouri Revised Statutes Chapter 407 set out a general provision for the sale of e-cigarettes, which includes labeling, applications, and sale prohibitions.

Product Scope

The statutes define an e-cigarette as any noncombustible product containing nicotine and product vapor from nicotine in a solution or other forms. Here are some examples of covered products:

  • Electronic cigars
  • Electronic cigarillos
  • Electronic pipes

Requirements

The statutes set out the requirements for the sale of e-cigarettes as below:

a. The statutes prohibit the sale of e-cigarette products to any person who is less than eighteen years of age.

b. The nicotine liquid container should comply with the child-resistant effectiveness standards set in 16 CFR 1700.15(b)

c. E-cigarettes should include a warning statement on the label.

d. The sellers of e-cigarette should apply for permits via the sales tax license application

Labeling

The statutes set out the e-cigarette labeling requirements as below. For example, the label should contain a red lettering statement (at least one-half inch high) with the following wording:

It is a violation of state law for cigarettes, other tobacco products, alternative nicotine products, or vapor products to be sold or otherwise provided to any person under the age of eighteen or for such person to purchase, attempt to purchase or possess cigarettes, other tobacco products, alternative nicotine products or vapor products.

Product Liability

The Missouri Revised Statutes Chapter 537 provides a general provision on products liability, which includes liability claims and warning labels requirements.

Product Scope

The statutes apply to most consumer goods being sold in Missouri. Here are some examples of covered products:

  • Textile products
  • Electronic products
  • Kitchen products
  • Children’s products

Requirements

The statutes explain that manufacturers are liable for product liability claims if:

a. The product might cause unreasonable danger to the consumers

b. The product fails to provide relevant warning statements

Claimants have sixty days to file a claim against manufacturers for any damage or loss caused by the defective products.

Labeling

Manufacturers are liable for any damage caused if they don’t provide sufficient warning statements on the products. Here are some examples of warning statements:

a. “The food contains caffeine and may cause allergies to the consumers”

b. “Children under 5 years of age should be guided by an adult when using the product”

c. “ The surface coating of this product contain lead”

Learn More

Regulation Website
Food, Drugs and Cosmetics-Regulation and Inspection Link
Mattresses-Missouri Revisor of Statutes Link
e-Cigarette Regulations Link
Product Liability Link

Nebraska

Liquid Mercury Thermometer Prohibited Act

The Liquid Mercury Thermometer Prohibited Act forbids anyone from selling or distributing mercury-added thermometers used in clinical or household areas in Nebraska.

Product Scope

This act covers liquid mercury-added thermometers distributed in Nebraska. It includes mercury-added thermometers used in residential areas or hospitals.

Requirements

The Liquid Mercury Thermometer Prohibited Act of Nebraska requires that no liquid mercury thermometer containing elemental mercury should be sold, given away, or distributed in this state.

E-Cigarette Regulations

The e-cigarette Regulations outline rules on the distribution, purchase, and use of nicotine electronic cigarettes, such as vaporizers or e-pipes, in Nebraska. The regulations also specify the documentation requirements for retail dealers and wholesalers in the state.

Product Scope

The requirements of the e-cigarette Regulations of Nebraska are applicable to products and components such as the following:

  • Vaporizers
  • Electronic water pipes
  • Electronic pipes that contain nicotine
  • Electronic tanks and liquid
  • Electronic hookahs
  • Vape mods
  • Vape pens
  • Tank systems

Requirements

The e-cigarette Regulations of Nebraska prohibit the sales or distribution of nicotine electronic cigarettes to any person that is under the age of 21.

The placement of electronic cigarette vending machines is restricted to locations inaccessible to the general public or licensed establishments where liquor is sold.

Documentation

The regulations require a retail sales license or permit for sellers distributing e-Cigarettes in the State of Nebraska. This requirement applies to products such as:

  • E-cigarettes (either containing or do not contain nicotine)
  • E-cigarette components (e.g. electronic liquid and cartridges)
  • Regular cigars
  • Tobacco

The E-Cigarette Regulations allow any person, partnership, limited liability company, or corporation to apply for the sales permit as long as they provide the following information:

  • Name of the person or business
  • The exact location of the place of business
  • Applicant’s social security number (for the individual)

Electronic Video Amusement Devices and All Other Amusement Devices

Article VIII, Section 5:260-279 of Omaha Municipal Code establishes the registration requirements for distributors of electronic video amusement devices and other amusement devices in the City of Omaha.

Product Scope

According to the definition of the Omaha Municipal Code, Article IV, Sec. 19-221, an electronic video amusement device means a machine that incorporates the use of a video tube or screen upon the insertion of a coin or substitute object and is operated for amusement purpose. Examples of such devices include but are not limited to the following arcade machines:

  • Pac-Man
  • Asteroids
  • Space Invaders
  • Destroyers

The requirements of this section also apply to automatic musical devices, and mechanical amusement devices such as the following:

  • Karaoke machines
  • Pinball
  • Bowling
  • Radio-ray rifle

Requirements

Article VIII, Section 5:260-279 of Omaha Municipal Code requires that no person should sell or distribute electronic video amusement devices in the City of Omaha without registering with the Planning Department and obtaining a sales permit first.

Documentation

Sellers of electronic video amusement devices must provide the following information to the Planning Department:

a. The name of the applicant

b. Office or business address

c. The number of machines or devices to be distributed in the city of Omaha

d. A list indicating the location of each electronic device, that is, the location of the building or facility where the machine is placed. The list should be updated every 6 months to reflect the addition, removal, or change in the location of any machines

Product Liability

In Nebraska, manufacturers should take responsibility for design or manufacturing defects that cause injury or loss to consumers. Users might also file a claim due to la ack of sufficient warnings, false marketing claims, and other causes.

Product Scope

The product liability applies to most consumer products sold in the state of Nebraska, including these products:

  • Baby carriers
  • Sunglasses
  • Food contact materials
  • Furniture
  • Dietary supplements
  • School supplies

Requirements

In Nebraska, the product liability claims can be based on these principles:

a. Negligence (manufacturer was careless during the design or manufacture processes the products)

b. Strict liability (the manufacturer was not careless, but fail to properly design or manufacturer the products)

c. Breach of implied warranty (manufacturers or sellers use false or ingenue marketing or advertising strategy)

Manufacturers are responsible for the injuries or losses caused to the claimants for the following defects:

a. Design defect (e.g. manufacturers fail to design the product properly)

b. Manufacturing defect (e.g. the manufacturers use unqualified materials to produce the products, or manufacturers fail to produce, assemble or test the product properly)

c. Marketing defect (e.g. manufacturers fail to provide sufficient warnings or instructions)

Actions on Product Liability

Section 25-224 of Nebraska Statutes on Actions on Product Liability specifies that, for products manufactured in Nebraska, the product liability actions should be commenced within 10 years after the date the product allegedly caused the injury, death, or damage to the claimant.

For products that are manufactured outside Nebraska, the product liability action commencement time is limited to:

a. No less than 10 years after the death, injury, or loss compliant occurs (when the place of the manufacturer has applicable laws or regulations on product liability action)

b. Within 4 years after the date on which the death, injury, or damage complained take place (if the state or country where the product was manufactured does not have an applicable statute of repose)

Learn More

Regulation Website
Liquid Mercury Thermometer Prohibited Act Link
E-Cigarette Regulations Link
Electronic Video Amusement Devices and All Other Amusement Devices Link
Product Liability Link

Nevada

Prohibition of Bisphenol A in Children’s Food Contact Products

Assembly Bill 354 prohibits the manufacture, sale, or distribution of Bisphenol A (BPA)-added children’s food contact products.

Product Scope

This bill regulates children’s food contact products, including:

  • Baby feeding bottles
  • Baby sippy cups
  • Baby nutrition supplements
  • Baby milk powder

Requirements

Companies should not knowingly manufacture, sell or distribute children’s food contact products that contain intentionally added BPA.

Assembly Bill N354 forbids to manufacture, selling, or distributing children’s food contact products that contain intentionally added BPA in the state of Nevada, including any bottle or cup (intended to be filled with any liquid or food for consumption) for the use of children at the age of 4 or younger. It also prohibits the use of BPA in baby food or infant formula stored in a container.

Lead in Consumer Products Regulations

The Southern Nevada Health District (SNHD) promulgates the Lead in Consumer Products Regulations to prevent and control public health hazards of lead. The regulations set out the requirements for the following:

  • Lead content limit in consumer products
  • Sampling for the potential lead leaching products
  • Removal of lead from consumer products
  • Public notification
  • Notices of violation and enforcement

Product Scope

The regulations focus mainly on ceramic ware and children’s products, such as:

  • Children’s jewelry
  • Vinyl lunch boxes
  • Backpacks
  • Crayons
  • Children’s toys

Requirements

Children’s products

The regulations provide the following lead restrictions:

a. The limit for lead in surface-coating is 90 ppm

b. For children’s products with lead-containing paint or coating no greater than 10 mg or one square centimeter, the limit is set to 2 µg of lead.

The requirements do not apply to any inaccessible part of a product, for example, the internal component of a children’s toy.

Ceramic ware

Ceramic wear shall either include a warning label such as “Not for Food Use. May Poison Food,”, or comply with the following lead leaching restrictions:

  • Flatware < 3 micrograms/mL
  • Small Hollowware other than cups and mugs < 2 micrograms/mL
  • Cups/mugs < 0.5 micrograms/mL
  • Large Hollowware other than pitchers < 1 microgram/mL
  • Pitchers < 0.51.0 micrograms/mL

Prohibition of OFRs in Certain Consumer Products

Organohalogen flame retardants (OFRs) are toxic substances commonly used in consumer products such as household products and furniture components to prevent or slow the items from igniting.

Effective from July 1, 2022, the Nevada Bill AB97 prohibits the use, manufacture, distribution, and sale of OFRs in certain consumer products if the concentration is above 1,000 ppm in any product component.

Product Scope

This regulation covers several categories of consumer products, including:

  • Products intended for children age 12 or below
  • Upholstered residential furniture
  • Residential or business textile used to cover windows or walls, or mattresses
  • Electronics components

Here are some product examples:

  • Children clothes
  • Bedsheets
  • Window curtains
  • Cushions
  • Sofas
  • Ottoman

Exclusions

The Nevada Bill AB97’s requirement does not apply to several categories of products, including:

  • Consumer electronics products
  • Food and beverage products
  • Dietary supplement and pharmaceutical products
  • Children’s toys that meet the ASTM F963 standard
  • Electronic components
  • Outdoor sports equipment
  • Sleeping bags and tents

Requirements

The bill prohibits the manufacture, sale, or distribution of consumer products that contain more than 1,000 ppm OFRs in any product component. Also, manufacturers should not replace the OFRs with other hazardous flame-retardant organic halogenated chemicals, that can cause cancer, genetic harms, or other developmental toxicity.

Prohibition of Sales of Products Made of Certain Animals Species

The Nevada Miscellaneous Trade Regulations and Prohibited Acts set out the requirement of the sales of products made of certain animal species in NRS 597.905, as animal by-products can possibly spread animal diseases (e.g BSE) or it can pose extinction threats to certain animals, the rules prohibit buying or selling certain animal species as below.

Product Scope

This rule requires that a person should not purchase or sell any item that is partially or wholly made of the part from certain animals. Here are some examples:

  • Shark fins
  • Elephants
  • Rhinoceros
  • Tigers
  • Leopards
  • Cheetahs
  • Sea turtles

Exclusions

The rule does not apply to certain animal products such as below:

  • Musical instrument
  • Knives or firearms
  • Sport-hunted items

Requirements

The rule states that no person should purchase, sell, offer for sale or possess with intent to sell such products in the market.

In addition, the violation of the rules might cause a civil penalty not to exceed $6,500 or an amount equal to four times the fair market value of the item that is the subject of the violation, whichever is greater.

Learn More

Regulation Website
Prohibition of Bisphenol A in Children’s Food Contact Products Link
Lead in Consumer Products Regulations Link
Prohibition of OFRs in Certain Consumer Products Link
Prohibition of Sales of Products Made of Certain Animals Species Link

New Hampshire

Consumer Protection Act

The Consumer Protection Act regulates unfair, or deceptive claims and business conducts, covering most consumer products in New Hampshire.

Product Scope

The Consumer Protection Act applies to any businesses that engage in the “Trade” and “Commerce” activities, including sales, distribution, advertising, of any commodity or services. This means that the Consumer Protection Act applies to almost any type of consumer product, such as:

  • Children’s products
  • Clothing and textiles
  • Cosmetic products
  • Furniture

Requirements

The Consumer Protection Act defines unfair, or deceptive conduct practiced by a person or a company during trade and business in New Hampshire. The following are examples of unfair, or deceptive behaviors and are deemed unlawful by the act:

a. Claiming that goods are new or original but in fact, they are used, secondhand, deteriorated, reconditioned, or altered

b. Falsely claiming that goods or services have certain characteristics, ingredients, or qualities

c. Falsely claiming the place of origin of goods or services

Labeling

Manufacturers should provide genuine information on the product label according to the requirements of applicable rules. For example, manufacturers should not include deceptive information regarding elements such as:

  • Product description
  • Ingredients
  • Business information

Act Prohibiting the Sale of Certain Furniture and Carpeting with Flame Retardants

This act sets up limits on flame retardant chemicals on certain furniture and carpets sold in New Hampshire to a maximum of 0.1% by weight.

Product Scope

The flame retardant requirements set forth in this act apply to upholstered furniture that is used in residential areas and consists of resilient cushioning materials enclosed within a covering made of fabric or related materials.

This definition covers a broad range of furniture, including the following:

  • Couches
  • Upholstered chairs
  • Recliners
  • Bean bags
  • Pillows
  • Cushions

Requirements

This act prohibits companies from manufacturing, importing, or selling, upholstered furniture containing more than 0.1% by weight of flame-retardant chemicals or mixtures that include flame-retardant, including:

  • Halogenated flame retardants
  • Phosphorus-based flame retardants
  • Nitrogen-based flame retardants
  • Nanoscale flame retardants

According to this act, flame-retardant restrictions do not apply to the following types of upholstered furniture:

a. Upholstered furniture used in the public areas or public facilities (which might be subject to other flammability requirements)

b. Upholstered furniture that includes electrical or electronic components

c. Mattresses

Documentation

Manufacturers should draft a Certificate of Compliance, and provide it to the authorities if requested.

If the competent authorities deem that the manufacturers are selling products that are non-compliant with this act, manufacturers are required to notify anyone to whom they sold the products (e.g. suppliers, retailers, distributors).

Labeling

Upholstered furniture bearing the following label is deemed compliant with this act:

a. Upholstered furniture bearing a label or accompanied by a certificate indicating compliance with California Business Profession Code Section 19101

b. Upholstered furniture bearing a label prescribed by California Business Profession Code Section 19094 (2014), indicating that the product’s upholstery materials “contain NO added flame retardant chemicals.”

Mercury Legislation

The Mercury Legislation of New Hampshire establishes rules for the use and distribution of certain mercury-added products.

Product Scope

The Mercury Legislation applies to the following mercury-added products:

  • Novelty items
  • Measure equipment
  • Medical devices

Requirements

The government of New Hampshire has enacted several laws to further eliminate mercury-containing products from the solid waste stream. These laws are codified under the Revised Statutes Annotated 149-M:51-58, Mercury Reduction.

Mercury-added Novelty Items

The Mercury Legislation prohibits the sales or distribution of mercury-added novelty items in New Hampshire, including:

  • Candles
  • Jewelry
  • Toys
  • Games
  • Card
  • Ornaments
  • Figurines
  • Yard statues
  • Holiday decorations

Note that novelty items are referred to as products that are intended mainly for personal or household enjoyment or adornment but not intended to serve practical purposes.

Other Mercury-added Products

The Mercury Legislation prohibits the sales or distribution of certain measure equipment and medical devices in New Hampshire. These are examples of prohibited items:

  • Mercury switch
  • Relay
  • Thermostat
  • Barometer
  • Esophageal dilator
  • Bougie tubes
  • Flowmeter
  • Thermometer

Mercury Fever Thermometers

The Mercury Legislation requires manufacturers of mercury fever thermometers to provide clear instructions on the product label regarding the handling method of the thermometer to avoid mercury leaks. The instruction information should also include proper cleanup techniques in case a breakage occurs.

Collection & Recycling of Mercury-added Thermostats

The legislation requires manufacturers of mercury-added thermostats to establish and operate a recycling program approved by the Department of Environmental Services for out-of-service mercury-added thermostats in New Hampshire.

Documentation

Manufacturers of mercury-added products must notify the New Hampshire Department of Environmental Services before they are allowed to sell these products. The notification should include the following information:

  • Product category
  • The amount of mercury added to each product
  • The purpose of the mercury
  • The total amount of mercury in all products sold in the US

Toxics in Packaging Law

The Toxics in Packaging Law limits the concentration level of certain heavy metals contained in product packaging and its components.

Product Scope

This law applies to consumer product packaging and food packaging sold in New Hampshire. Here are some examples of covered packaging:

  • Wrapping papers and films
  • Carrying cases
  • Crates
  • Foil
  • Trays
  • Bags
  • Tubs

In addition, this law covers packaging components and materials such as:

  • Zippers
  • Ink
  • Coating
  • Paper labels
  • Closures
  • Cushioning materials

Requirements

The Toxics in Packaging Law prohibits the sales of the product packaging and food packaging materials containing more than 0.01% by weight of the following heavy metals:

  • Lead
  • Cadmium
  • Mercury
  • Hexavalent chromium

Documentation

Manufacturers of product packaging or food packaging must draft a Certificate of Compliance declaring that the package and packaging components comply with the heavy metal concentration requirements set forth by the law.

Manufacturers should provide the Certificate of Compliance to the competent authorities or buyers when requested.

E-Cigarette Regulations

The E-Cigarette Regulations of New Hampshire set rules for the sales, distribution, and packaging requirements for electronic cigarettes.

Product Scope

The E-Cigarette Regulations apply to any electronic smoking device composed of a mouthpiece, a heating element, a battery, electronic circuits, and a tank that stores e-liquid.

Requirements

The E-Cigarette Regulations require that:

a. E-cigarettes and liquid nicotine must be sold in original packaging

b. Sale/distribution of e-cigarettes and e-liquid to persons under age 21 is prohibited

c. Anyone who sells electronic cigarettes in New Hampshire must acquire a sales permit

Documentation

Each license shall be prominently displayed in the premises described in it.

The E-Cigarette Regulations require that manufacturers, wholesalers, and retailers keep complete and accurate documents of:

  • Tobacco stamps purchased records
  • Manufactured records
  • Import records
  • Distribution records
  • Sales records

Learn More

Regulation Website
Consumer Protection Act Link
An Act Prohibiting the Sale of Certain Furniture and Carpeting with Flame Retardants Link
Mercury Legislation Link
Toxics in Packaging Law Link
E-Cigarette Regulations Link

New Jersey

Prohibition on the Use of Lead-Containing Toys, Furniture, or Accessible Surfaces of the Dwelling

Title 24:14A-1 of New Jersey Revised Statutes forbids anyone from applying lead paint to toys, furniture, or household interior surfaces in New Jersey.

Product Scope

The requirements of this title apply to toys, furniture, and interior surfaces such as:

  • Wooden toys
  • Plastic toys
  • Couches
  • Window sills
  • Window frames
  • Doors
  • Door frames
  • Walls
  • Stair rails

Requirements

The statutes prohibit anyone from applying lead paint to toys, furniture, or the exposed interior surfaces of any dwelling as defined in this title, or to any exterior surface that is readily accessible to children.

Apparel Registration Act and Regulations

The New Jersey Apparel Registration Act and Regulations establish rules of registration, violations, and penalties for manufacturers and contractors of apparel.

Product Scope

The requirements of this act apply to manufacturers and contractors of apparel such as the following types:

  • Pullovers
  • Pants
  • Sleepwear
  • Sweaters
  • Jeans
  • T-shirt
  • Underwear

Requirements

The Apparel Registration Act and Regulations require that manufacturers or contractors must register with the Department of Labor and Workforce Development before they are allowed to sell their products in New Jersey.

Fur Labeling Law

The New Jersey Fur Labeling Law requires that no person should sell or offer to sell any new coat, jacket, garment, or other clothing apparel with wholly or partly of fur without indicating the content and country of origin.

Product Scope

The requirements of the Fur Labeling Law apply to apparel made wholly or partly with fur such as:

  • Coats
  • Jackets
  • Garments

Labeling

The New Jersey Fur Labeling Law requires that it is unlawful for anyone to sell any new coat, jacket, garment, or other clothing apparel made wholly or in part of fur that does not bear tag or label including the following information:

a. The name of the animal(s) that the fur comes from

b. The name of the country of origin of any imported furs used

Rules on Mattresses, Bed Springs, Cots, Lounges, and Sofas

The New Jersey Revised Statutes Title 26 set up rules for manufacturers selling mattresses, bed springs, and other furniture in the State of New Jersey.

Product Scope

  • Mattresses
  • Bedsprings
  • Lounge chairs
  • Cots

Requirements

The statutes establish rules for manufacturers of mattresses, bedding products, and furniture regarding the content, sales, and labeling requirements.

Labeling

Manufacturers of mattresses, bedding products, or furniture should indicate the following statement to the product label if their products are made with new materials:

“The materials used in the manufacture of this [Name of the product] are entirely new”.

The size of the label should not be less than 3 *4.5 inches.

Flame Resistance Standards for Tents and Sleeping Bags

New Jersey Administrative Code 13:45A-24A sets out the flammability rules for tents and sleeping bags sold in New Jersey.

Product Scope

The requirements outlined in the New Jersey Administrative Code 13:45A-24A apply to:

  • Sleeping bags
  • Tents

Requirements

This code states that it is unlawful to sell tents and sleeping bags that do not comply with one of the following two flammability standards developed by the Industrial Fabrics Association International (IFAI):

a. CPAI-84: A Specification for Flame-Resistant Materials Used in Camping Tentage

b. CPAI-75: Rate of Burn Specifications for Sleeping Bags

Labeling

The code states that a sleeping bag that meets the flammability requirements of CPAI-75 can be classified as “flame resistant” and should contain the following warning information on the label:

“This Sleeping Bag Conforms to the CPAI-75 Rate-of-Burn Standard for Sleeping Bags.”

For tents that meet the flammability requirements of CPAI-84, the following warning statement should be affixed to the product label:

“WARNING: KEEP ALL FLAME AND HEAT SOURCES AWAY FROM THIS TENT FABRIC

This tent meets the flammability requirements of CPAI-84. The fabric may burn if left in continuous contact with any flame source. The application of any foreign substance to the tent fabric may render the flame-resistant properties ineffective.”

You should also indicate in the product label the manufacturer’s identification, traceability code, or other relevant information.

Ban on Single-Use Bags, Straws, and Polystyrene Foam Food Service Products

New Jersey’s Bill S864 prohibits the use of single-use plastic bags, straws, and polystyrene foam food containers.

Product Scope

This bill covers single-use plastic bags, straws, and polystyrene foam food containers such as:

  • Plates
  • Cups
  • Clamshell containers
  • Sandwich wrapping boxes

Requirements

New Jersey bans the use of plastic and paper single-use bags and single-use food containers and cups made of polystyrene foam. It also limits the use of plastic straws.

New Jersey Product Liability Act

New Jersey Product Liability Act sets out the manufacturer’s responsibilities in terms of product safety.

Product Scope

The Product Liability Act covers consumer products sold in New Jersey, including:

  • Eyewear products
  • Lightning products
  • Laser devices
  • Toys
  • Children’s products
  • Medical devices

Requirements

This act requires that manufacturers have an obligation to ensure that their products are safe and will not cause harm to the consumers in New Jersey.

Under this act, consumers have the right to claim for indemnity when an injury occurs caused by either one of the following cases:

a. Design defects – i.e. the manufacturer failed to properly design or manufacture the product to avoid unreasonable risks of threat or harm to the users

b. Manufacturing defects – i.e. manufacturer using unqualified materials, fail to monitor the manufacturing process, fail to provide sufficient training to the workers, or fail to properly inspect the product after manufacture

c. Marketing/warning defects. – i.e. the product lacks sufficient warning labels or instructions for proper use

Labeling

Manufacturers are responsible for providing adequate warning information or instructions to inform consumers to use the products properly and safely.

Learn More

Regulation Website
Prohibition on the Use of Lead-Containing Toys, Furniture, or Accessible Surfaces of the Dwelling Link
Apparel Registration Act and Regulations Link
Fur Labeling Law Link
Rules on Mattresses, Bed Springs, Cots, Lounges, and Sofas Link
Flame Resistance Standards for Tents and Sleeping Bags Link
Ban on Single-Use Bags, Straws, and Polystyrene Foam Food Service Products Link
New Jersey Product Liability Act Link

New Mexico

Nicotine Liquid

The New Mexico Statutes Chapter 57 sets out the packaging requirements for nicotine liquid. It covers most nicotine-liquid products such as e-cigarettes, e-vapes, and e-pipes.

Product Scope

The requirements are applicable to electronic products that release nicotine, and nicotine liquid containers. Here are some examples of covered products:

  • E-cigarettes
  • E-pipes
  • E-vapes
  • Nicotine liquid containers

Requirements

The statutes require that nicotine liquid containers should be designed as child-resistant containers, which are defined as a package or container that is designed to be difficult for children under five years old to open. However, such containers should be designed so that an adult can open them easily, within a reasonable time.

It is illegal to sell containers that are not children’s resistant and the penalty can reach one thousand dollars for each violation.

Single-Use Plastic Ban Ordinances

Several cities or counties in New Mexico published ordinances concerning the prohibition of single-use plastic bags. Such ordinances affect most retail businesses, including the ones selling clothing and household goods. Here are some cities and counties that ban plastic bags:

  • Albuquerque
  • Bernalillo county
  • Deming city
  • Santa Fe
  • Silver city
  • Taos

Some cities and counties extended the ban to additional products. For example, Bernalillo County also bans polystyrene containers, and Taos also bans plastic straws, plastic stirrers, and styrofoam cups.

Product Scope

The ordinances cover the single-use plastic bags that are provided at the check stands, cash registers, or points of sale.

Requirements

Retailers should not offer single-use plastic bags to customers. Instead, they should encourage their customers to use paper bags or reusable bags. Below we summarize the requirements of different ordinances, which apply to specific cities or counties.

Town of Silver City Ordinance Number 1231

From 2015, stores should offer recycled paper bags or cardboard boxes instead of single-use plastic bags. Customers are also encouraged to bring their own reusable bags when purchasing items from grocery stores.

The ordinance does not affect bags used for meat or other specialties.

Albuquerque Clean and Green Retail Ordinance

Starting in 2020, single-use bags for the purpose of carrying products from stores are banned. This applies to any bag, even compostable and biodegradable bags, with a thickness of less than 2.25 mm. The ordinance recommends customers bring their own reusable bags.

Restaurants, snack bars, food trucks, and bakeries are exempted from the ban.

Bernalillo County Ordinance Number 201.9-15

From 2020, retailers in Bernalillo County are required to stop providing single-use plastic bags and single-use polystyrene containers to customers. Retailers should provide the following items as replacements:

  • Reusable bags
  • Reusable containers
  • Compostable bags
  • Cardboard boxes

Retailers may charge a fee of $0.05 per item.

Deming Elimination of Plastic Carryout Bags Ordinance

From 2020, the city of Deming Council prohibits the use of plastic carryout bags at any retail or wholesale establishment, such as grocery stores and restaurants. They should not provide single-use plastic bags to consumers and may replace them with the following items:

  • Plastic bags (at least two mm in thickness)
  • Non-plastic reusable bags
  • Recyclable paper bags
  • Cardboard boxes

Santa Fe Reusable Bag Ordinance Number 2015-12

Starting in 2021, the city of Santa Fe requires that a retail establishment should not provide single-use plastic carryout bags to customers. Also, retailers are eligible to charge an environmental service fee of ten cents for each paper grocery bag provided.

Retailers should encourage customers to use reusable bags for carryout items.

Taos Ordinance Number 20-05

From 1 November 2021, the town of Taos prohibits the use and sale of single-use plastic carryout bags, plastic straws, plastic stirrers, and styrofoam cups. Retailers should not provide or sell single-use plastic items covered by the ordinance, singularly or in bulk. Retailers are encouraged to offer reusable bags free or for sale at checkout counters.

This ordinance does not cover the following bags:

  • Laundry dry cleaning bags
  • Door-hanger bags
  • Newspaper bags
  • Pet waste bags

Learn More

Regulation Website
Nicotine Liquid Link
Single-Use Plastic Ban Ordinances Link

North Carolina

Toxic-Free Kids Act

The North Carolina House Bill 765, short titled as Toxic-Free Kids Act, proposes to prohibit the sales or distribution of children’s products containing Bisphenol A, 6 types of phthalates, or 2 types of TRIS over the set limit.

Currently, the evaluation process of HB 765 is still ongoing and it has not been passed into law yet. Once the governor of North Carolina signed this bill into law, importers, manufacturers, and sellers of children’s products must comply with the requirements of this law.

Product Scope

The North Carolina Toxic-Free Kids Act applies to consumer products that are intended to be used by children under the age of 12. The product range covers:

  • Baby products
  • Toys
  • Car seats
  • Personal care products
  • Clothing
  • Food and beverage containers that are intended to be used by infants under 3 years of age

Requirements

The Act forbids companies to sell or distribute in the State of North Carolina any children’s products containing any quantity of Bisphenol A, which is banned, or any of the following substances above their respective limits:

  • DEHP < 0.1% by weight
  • DBP < 0.1% by weight
  • BBP < 0.1% by weight
  • DINP < 0.1% by weight
  • DIDP < 0.1% by weight
  • DNOP < 0.1% by weight
  • TDCPP < 0.005% by weight
  • TCEP < 0.005% by weight

Documentation

The Act requires that if retailers or distributors are selling children’s products that contain TRIS or phthalates below the prescribed limits, they should provide an annual notice to the Department of Environment and Natural Resources of North Carolina.

The annual notice should contain the following information:

a. The name of the chemical used in the children’s products and its Chemical Abstracts Service Registry Number

b. A description of the children’s product or product component that contains the substance

c. An explanation of the chemical function in the product

d. The amount range of the chemical used in each unit of the product or product component

e. Manufacturer’s name, address, contact person, and number

Discarded Computer Equipment and Television Management Law

The Discarded Computer Equipment and Television Management Law require manufacturers of television and computer equipment to establish a free and effective recycling program to collect and recycle computer equipment.

This law also requires manufacturers of computer equipment must put a brand mark label on each computer equipment unit.

Product Scope

The Discarded Computer Equipment and Television Management Law covers televisions and the following computer equipment sold in the State of North Carolina:

  • Laptop computers
  • Desktop computers
  • Monitors
  • Video display units
  • Printers
  • Scanners
  • Scanner-fax machines

Requirements

The law requires manufacturers of covered products to develop a free and effective recycling and collection program for the citizens in North Carolina.

This law also requires that each computer equipment manufacturer, before selling or offering for sale computer equipment in North Carolina, should register with the Department.

In addition, computer equipment manufacturers must put a visible and permanent label containing their brand name.

Documentation

Each manufacturer must submit the recycling plan according to requirements from one out of the three-level recycling plans required by the Department of Environmental Quality of North Carolina.

If you want to read more about the three-level recycling plans required by the Department of Environmental Quality of North Carolina, please visit this website.

Labeling

Manufacturers of computers must affix a label to each product indicating their brand name.

Certain Cleaning Agents Containing Phosphorus Prohibited

Chapter 143.214 of North Carolina General Statutes prohibits the manufacturer, sales, and distribution of cleaning products that contain phosphorus.

Product Scope

The requirements of this chapter apply to the following type of cleaning products:

  • Laundry detergent
  • Dishwashing compound
  • Household cleaner
  • Metal cleaner or polish
  • Industrial cleaner

The requirements do not apply to cleaning products that are used for the following purposes:

  • Used in agricultural or dairy production
  • To clean commercial food or beverage processing equipment or containers
  • Used as industrial sanitizers, metal brighteners, or acid cleaners
  • Used in industrial processes for metal, fabric, or fiber cleaning and conditioning
  • Used in hospitals, clinics, nursing homes, other health care facilities

Requirements

Chapter 143.214 of North Carolina General Statutes prohibit the manufacturer, sales, use, or distribution of any cleaning product containing phosphorus in the State of North Carolina. Here is a list of exempted products:

a. Cleaning products contain less than 0.5% by weight of phosphorus

b. Cleaning products that are intended to be used in dishwashing machines containing less than 8.7% of phosphorus by weight

c. Cleaning products that are intended to export outside of the US

e-Cigarette Regulations

The e-Cigarette Regulations of North Carolina requires that electronic cigarettes must be sold in child-resistant packaging that contains a label disclosing that such product contains nicotine.

Product Scope

The e-Cigarette Regulations apply to electronic cigarettes and vaping products that contain nicotine.

Requirements

The e-Cigarette Regulations of North Carolina require that the electronic cigarette must be sold in child-resistant containers and must state the product contains nicotine.

Bedding Law

The Bedding Law of North Carolina requires manufacturers of bedding products must register with the Department of Agriculture and Consumer Services before they are allowed to sell in North Carolina. All bedding products should also contain a label with the registration number and the materials used in the products.

Product Scope

The Bedding Law covers the following types of upholstered, padded, or stuffed items that are used for reclining or sleeping purposes:

  • Mattresses
  • Upholstered springs
  • Sleeping bags
  • Pads
  • Comforters
  • Cushions
  • Pillows
  • Decorative pillows

Requirements

The Bedding Law of North Carolina requires every manufacturer of bedding products to register with the Department of Agriculture and Consumer Services prior to selling their products in North Carolina.

After the approval of the Department of Agriculture and Consumer Services of North Carolina, the manufacturer will receive a certificate of registration showing the applicant’s name, address, and unique registration number.

Manufacturers of covered bedding or upholstered products must also put a label with the registration number and the materials used in the products.

Labeling

Manufacturers of covered bedding or upholstered products must affix a label of at least two inches by three inches in size to their products, displaying the following information written in English:

a. The kind of materials used to fill the products in percentage in descending order (e.g. 80% Cotton, 10% Wool, 10% Polyester)

b. The registration number

c. In letters at least 1/8 inch high the words “Made of New Materials”

Product Liability – Chapter 99B

The Product Liability rules of North Carolina are outlined in Chapter 99B of the North Carolina General Statutes. Manufacturers are liable for the injuries or losses of the product consumers when they fail to comply with the rules set forth in this chapter.

Product Scope

The Product Liability Law shall apply to a broad range of consumer products, such as:

  • Electronic products
  • Toys
  • Sport equipment
  • Cosmetics
  • Household appliances
  • Child care products
  • Cleaning products

Requirements

This chapter explains that manufacturers are liable for the injuries or loss of the claimants if either one of the following situations happens:

a. The product was manufactured or designed inadequately and bears the risk of harming the users

b. The manufacturer failed to provide adequate warning information or use instructions on the product

c. The manufacturer advertises or claims that the product is safe for consumers to use but in fact, it is not

Labeling

Under the Product Liability rules of North Carolina, manufacturers are responsible to provide appropriate user instructions or warning statements to the products. For example, if a children’s toy contains small parts such as marbles, glass, or balloons, the manufacturer should provide a small part warning label with a warning statement and age recommendation for such a product.

Learn More

Regulation Website
Toxic-Free Kids Act Link
Discarded Computer Equipment and Television Management Law Link
Certain Cleaning Agents Containing Phosphorus Prohibited Link
e-Cigarette Regulations Link
Bedding Law Link
Product Liability – Chapter 99B Link

Ohio

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.

Product Scope

The revised code covers both bedding and stuffed toys, as below.

Bedding Products

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
  • Mattresses
  • Upholstered chairs
  • Upholstered couches
  • Sleeping bags
  • Cushions

Stuffed Toys

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
  • Cotton
  • Straw
  • Wood wool
  • Plastic pellets
  • Beans

Requirements

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.

Labeling

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

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.

Product Scope

The requirements apply to four types of universal waste as below:

  • Discarded batteries
  • Pesticides
  • Mercury-containing equipment
  • Lamps

Labeling

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.

Product Scope

The program covers most electronic products such as:

  • Cellphones
  • Computers
  • Fax machines
  • Tablets
  • Copiers

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.

Requirements

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 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.

Product Scope

This law covers devices that are used to increase, maintain or improve the functional capacities of an individual, which include products such as below:

  • Wheelchairs
  • Vehicles
  • Optical scanners
  • Assistive listening devices
  • Motorized scooters
  • Voice synthesized computer modules

Products with similar functions might also be covered by the Ohio Lemon Law.

Requirements

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

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.

Product Scope

The Ohio Product Liability Law applies to consumer goods. Here are some examples:

  • Electric products
  • Textile products
  • Food products
  • Children’s products

Requirements

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.

Labeling

Manufacturers are responsible for providing sufficient information on the product label, in order to avoid confusion and danger to consumers.

As such, you might need to add information such as the following to the label:

  • User instructions
  • Safety warnings or statement
  • Manufacturer’s information

Learn More

Regulation Website
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

Oklahoma

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.

Product Scope

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:

  • Mattresses
  • Sleeping bags
  • Couches
  • Futons
  • Sofa beds

Requirements

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

Documentation

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.

Manufacturing Permit

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.

Germicidal Permit

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.

Permit Registration

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 manufactures 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.

Permit Fees

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

e-Cigarette Regulations

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.

Product Scope

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

Requirements

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 damage.

Product Scope

The Product Liability Act covers most consumer products sold in Oklahoma, such as:

  • Jewelry products
  • Children’s toys
  • Shoes
  • Clothing

Requirements

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

Labeling

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)

Learn More

Regulation Website
Bedding Regulation Act Link
e-Cigarette Regulations Link
Product Liability Act Link

Oregon

Toxic-Free Kids Act

The Toxic-Free Kids Act requires importers and manufacturers of children’s products sold in Oregon to report every two years to the Oregon Health Authority (OHA) products that contain chemicals or heavy metals that are listed in the High Priority Chemicals of Concern for Children’s Health (HPCCCH) in an amount greater than the allowed limitations.

If such products still contain excessive HPCCCH after the third biennial report, then importers or manufacturers are not allowed to sell them in Oregon.

Product Scope

The Toxic-Free Kids Act defines covered products as the following:

  • Products that are designed to be used by children under the age of 3 years old
  • Items that are intended to be put into the mouth by children
  • Children’s cosmetic products

This means that a wide range of children’s products fall under the scope of this Act and should comply with its requirements. Here some examples of qualified products:

  • Baby’s drinking bottles and food containers
  • Children’s clothing
  • Children’s footwear
  • Children’s jewelry
  • Teethers
  • Soothers
  • Car seats
  • Toys
  • Cribs

Requirements

The Toxic-Free Kids Act requires importers or manufacturers of children’s products to report every other year if they are selling products that contain substances listed in the HPCCCH in an amount above the limitations listed below.

Specifically, if any of the HPCCCH contained in children’s products fulfill one of the following criteria, the importer or manufacturer should report such the relevant products to the OHA:

a. Intentionally added substances in an amount that is equal to or greater than the practical quantification limit (PQL), or

b. Contaminants that are present in the product in an amount equal to or greater than 0.01% by weight

Importers and manufacturers of products containing one or more HPCCCH at or above the maximum allowable level are no longer allowed to sell the products in Oregon after reporting them to the OHA three times unless the OHA approves an exemption request for such products.

For example, let’s take the case of an importer that reported to the OHA on its baby bottles containing 0.05% by weight of Bisphenol A (which is an amount above the PQL of 0.002% for Bisphenol A and contaminant standard level of 0.01%) in 2020.

If the importer reports the same products in 2022 and in 2024, because the baby bottles that it’s selling in Oregon still contain more than the maximum allowed amount of Bisphenol A, it won’t be able to sell these products in Oregon anymore, unless the OHA approves an exemption request for such products.

Below we list some HPCCCH that might be found in children’s products and we mark the PQL level for each one of them in percentage by weight:

  • Formaldehyde < 0.0005%
  • Bisphenol A < 0.002%
  • Bisphenol S < 0.0001%
  • Cadmium < 0.0001%
  • Mercury < 0.00005%
  • BBP < 0.0005%
  • DIDP < 0.005%
  • DINP < 0.005%

If you want to check the complete list of chemical substances, you can have a look at the High Priority Chemicals of Concern for Children’s Health (HPCCCH).

Documentation

The Oregon Health Authority provides an HPCCCH report template for importers or manufacturers. You can visit the official website of the Oregon Health Authority to download it.

The submitter must provide the following information (not an inclusive list):

  • Importer/manufacturer’s US Tax Identification Number (TIN)
  • Product category
  • Component names
  • Chemical name (including CAS)
  • Concentration range category
  • Chemical function
  • Target age category

HB 3379: Prohibition of Crib Bumpers

House Bill 3379 prohibits the manufacturing, retrofitting, and selling of any crib bumper pads or crib equipped with crib bumper pads in the State of Oregon.

Product Scope

According to this Bill, a “Crib bumper pad” includes any pad that is placed directly above the mattress in a crib, or that runs along the surface area or any of the interior sides of the crib. The Bill does not prohibit the use of mesh liners or cribs equipped with mesh liners.

Requirements

As said, this bill bans the manufacturing, retrofitting, and selling of any crib bumper pads or crib equipped with crib bumper pads because such products might cause strangulation or suffocation hazards to infants.

PBDE Flame Retardant Legislation

The PBDE Flame Retardant Legislation of Oregon aims to phase out the use of PBDEs as a flame retardant in general consumer products to protect the environment and public wellness.

Product Scope

The list of products that are covered by this legislation includes the following items:

  • Computer
  • Television casings
  • Drapery
  • Upholstery fabrics
  • Mattresses
  • Furniture foam padding
  • Wire insulation
  • Small appliances

Requirements

This Act sets the maximum allowable concentration level of the following PBDEs on covered consumer products to be 0.1% by weight:

  • Penta-BDE
  • Octa-BDE
  • Deca-BDE

Electronics Recycling Law

The Electronics Recycling Law of Oregon prohibits the disposal of certain electronic devices in the State of Oregon unless these products are sent to a disposal point specialized in recycling, reusing, or refurbishing. The purpose of this law is to formalize the recycling process and increase the reuse rate of these electronic devices.

Product Scope

The Electronics Recycling Law of Oregon applies to the following type of electronic products:

a. Computer monitors and televisions with a viewable area greater than four inches measured diagonally

b. Desktop computers or portable computers

This law does not cover most of the household appliances such as the following:

  • Clothes washers
  • Clothes dryers
  • Refrigerator
  • Freezers
  • Microwave oven
  • Conventional ovens
  • Dishwashers
  • Air conditioners
  • Dehumidifiers
  • Air purifier

Requirements

The Electronics Recycling Law of Oregon prohibits anyone from disposing of computers, monitors, and televisions. It also prohibits solid waste disposal facility operators from accepting the covered electronic devices for disposal, unless the operation of electronic disposal sites accepts covered electronic devices for the purpose of recycling, reuse, or refurbishment.

Under this law, any person or disposal facility that disposes or accepts covered wasted electronic devices should receive penalties. The purpose of this law is to decrease electronic waste and promote the awareness of proper recycling and reuse of these electronic devices.

Learn more

We provide links to these regulations in the table below. You can visit the legal text to learn more about the requirements.

Regulation Website
Toxic-Free Kids Act Link
HB 3379: Prohibition of Crib Bumpers Link
PBDE Flame Retardant Legislation Link
Electronics Recycling Law Link

Pennsylvania

Stuffed Toy Manufacturing Act

The Stuffed Toy Manufacturing Act regulates stuffed toys sold in Pennsylvania. It covers the following aspects:

  • Design and general safety
  • Fabric flammability
  • Filling material disinfection
  • Labeling
  • Registration requirements

Product Scope

The Act applies to stuffed toys that are intended to be used by infants or children, which are filled with or contain fiber, chemicals, or other stuffing. Common examples of stuff toys include:

  • Plush toys
  • Animal figure furry stuffed toys
  • Musical stuffed toys
  • LED stuffed toys

Requirements

This section covers the requirements set forth in the Stuffed Toy Manufacturing Act.

Chemical Tolerance

The Stuffed Toy Manufacturing Act requires that the materials used to manufacture the stuffed toys must be new and free from dangerous or harmful chemicals or substances to children. In particular, the stuffed toys should not contain the following chemicals or substances:

  • Lead < 0.002% by weight
  • Arsenic 0.0002% < by weight
  • Ammonia 5% < by weight
  • Urea 1% < by weight
  • Dirt < 1% by weight
  • Oil or grease < 1% by weight

Material Flammability

The Act classifies fabrics based on flame spread speed within a 12 square inch area of fabric:

  • Class I (Relatively slow-burning)
  • Class II (Moderately flammable)
  • Class III (Relatively flammable)
  • Class IV (Rapid and intense burning)

You can learn more about the different classes and relative flame spread speed on this page.

According to the Act, Classes I, II, and III fabrics are allowed to be used as stuffed toy coverings as these fabrics do not bear unusual burning characteristics. Conversely, Class IV fabrics are considered not suitable for stuffed toys because they are dangerously flammable and intensely burning.

The Act also provides a classification for non-fabric materials:

  • Class V – Normal flammability
  • Class VI – Rapid burning

In this case, it determines that non-fabric materials such as plastics, paints, and other non-fabric sections of the stuffed toys can only be used of they belong to Class V. Class VI non-fabric materials shall not be used to produce stuffed toys for children.

Registration

The Stuffed Toy Manufacturing Act requires importers or manufacturers of stuffed toys to register with the Department of Labor and Industry for the permit to sell stuffed toys.

Documentation

Importers or manufacturers should provide the following information and documents to the Department of Labor and Industry for the application of sales permit of stuffed toys in the state of Pennsylvania:

  • Name and address of the company
  • Type of stuffed toys
  • Composition of the stuffing
  • A sample of the stuffed toys they intended to sell
  • A notarized statement that the submitted samples were chosen by random order

Labeling

After receiving approval from the Department of Labor and Industry, importers or manufacturers of stuffed toys are allowed to sell their products in Pennsylvania. The label of a stuffed toy should bear the following information:

a. A statement declaring that the stuffed toy is made of all new material

b. The registration number of the manufacturer or importer received from the Department starts with the abbreviation REG. NO. PA.

BPA-Free Container Products for Infant Act

Pennsylvania House Bill 684 was introduced in Feb 2021 proposing to restrict the use of Bisphenol A in infant’s food or beverage containers. Currently, the bill has been referred to the Committee on Consumer Affairs in Pennsylvania and is waiting for approval by the House.

Product Scope

The Bill proposes to regulate Bisphenol A in food and beverage containers that are used by infants under the age of 1 year old. Examples of such products include:

  • Baby drinking bottles
  • Infant’s learner cups
  • Sippy cups
  • Infant’s meal plates

Requirements

This bill proposes to prohibit the manufacture, sale, or distribution of food or beverage containers intended for use by infants that contain Bisphenol A at a level above 0.00000001% by weight. (0.1 ppb).

Importers and manufacturers should also use the least toxic alternative when replacing Bisphenol A in infant’s food and beverage containers. Substances replacing Bisphenol A should not be carcinogens or toxicants that can cause birth defects, reproductive harm, or developmental harm to the users.

Mercury-Free Thermostat Act

The Mercury-Free Thermostat Act prohibits the manufacture, sale, installation, and unapproved disposal of mercury-contained thermostats in Pennsylvania. Importers and manufacturers of such products should also establish and maintain a recycling program for every citizen in the State of Pennsylvania to dispose of their out-of-service mercury thermostats.

Product Scope

The Mercury-Free Thermostat Act applies to mercury thermostats used in household or commercial environments. It does not cover mercury thermostats that are used during the manufacturing processes.

Requirements

The Act prohibits the manufacture, sale, installation, and unapproved disposal of mercury thermostats in the State of Pennsylvania. it also requires manufacturers of mercury thermostats to establish and maintain a collection and recycling program for contractors and citizens in Pennsylvania.

The importer or manufacturer is responsible for submitting the recycling program proposal and an annual report to the Department of Environmental Protection of the Commonwealth. The recycling program should achieve these goals:

a. Maximize the capture rate for service mercury thermostats

b. Facilitate citizens’ recycling actions by setting up established recycling collection points and minimizing the administrative fee

c. Educate the proper management and recycling processes

Documentation

After the recycling program proposal is approved by the Department of Environmental Protection of the Commonwealth, importers, and manufacturers should submit an annual report by June 1st every year including the following information:

a. Number of mercury thermostats collected and recycled by the manufacturer in the previous year

b. The estimated total amount of mercury contained in the mercury components collected by the manufacturer in the previous year

c. An evaluation of the effectiveness of the collection and recycling program and improvement recommendations

d. Collection goals

Covered Device Recycling Act

The Covered Device Recycling Act requires importers and manufacturers of certain electronic devices must register with the Department of Environmental Protection before they are allowed to sell their products in the State of Pennsylvania. These importers and manufacturers shall also provide a recycling program for the citizens of Pennsylvania.

Product Scope

This Act applies to importers and manufacturers of the following type of electronic devices:

  • Desktop computers
  • Laptop computers
  • Computer monitors
  • Computer peripherals
  • Televisions

Requirements

Importers and manufacturers of covered electronic devices to register with the Department of Environmental Protection before they can sell their products in Pennsylvania. The registration shall be renewed once a year.

Importers and manufacturers of covered electronic devices in Pennsylvania should also establish and maintain a recycling program for their products and submit the proposal for the Department’s approval. Finally, the Act sets up labeling requirements.

Documentation

Importers and manufacturers should submit the brand names and the total weight of all the covered devices they are selling for registration and annual renewal.

Labeling

Importers and manufacturers of covered electronic devices must indicate the brand name on the product label. The label should also include information declaring whether they own the product or are licensed to sell the product.

Bedding and Upholstery Regulations

The Bedding and Upholstery Regulations of Pennsylvania set up rules for importers and manufacturers of bedding products regarding the registration, labeling, and disinfection requirements.

Product Scope

The Bedding and Upholstery Regulations of Pennsylvania apply to the following type of products and all types of upholstered furniture, and other filled beddings:

  • Mattresses
  • Pillows
  • Bolsters
  • Featherbeds
  • Comforters

Requirements

These Regulations stipulate that each importer, manufacturer, and supplier of upholstered bedding products should register with the Department of Labor and Industry and receive a registration number before they can sell their products in Pennsylvania. They should also ensure that the product complies with the relevant labeling requirements.

Labeling

These Regulations require that each covered upholstered product should bear a firmly attached tag with the registry number and the filling material composition. The tag specifications are as follow:

a. The tag should not be made of paper

b. The tag shall not be less than 6 inches in area

c. The filling material used shall be stamped or printed on the tag in boldface type, not less than 1/8 inch in height

Safe Packaging Act

The Safe Packaging Act of Pennsylvania regulates the level of toxic materials used in packaging and its components. Importers and manufacturers of the covered packaging should also provide a Certificate of Compliance to the retailers.

Product Scope

The Safe Packaging Act applies to the following types of packages and the package components:

  • Carrying cases
  • Crates
  • Rigid foil
  • Trays
  • Wrapping films
  • Bags
  • Package cushioning
  • Package strapping
  • Coatings
  • Inks
  • Dyes and pigments
  • Label materials
  • Package adhesives

Requirements

The Act requires that packaging shall not contain more than 0.01% by weight the following types of heavy metal on the packaging or its components:

  • Lead
  • Cadmium
  • Mercury
  • Hexavalent chromium

Documentation

This Act stipulates that importers and manufacturers of covered packaging should provide a certificate of compliance to the purchase stating that the packages comply with the requirements set forth in the Act.

Learn More

Regulation Website
Stuffed Toy Manufacturing Act Link
BPA-Free Container Products for Infant Act Link
Mercury-Free Thermostat Act Link
Covered Device Recycling Act Link
Bedding and Upholstery Regulations Link
Safe Packaging Act Link

Puerto Rico

Textile Products Labeling Act

The Textile Products Labeling Act sets up rules for textile products sold in Puerto Rico, such as clothing and towels. It specifies requirements for labeling information and registration.

Product Scope

The requirements of the Puerto Rico Textile Products Labeling Act apply to products such as:

  • Apparels
  • Carpets and rugs
  • Textile wall furnishings
  • Towels

Requirements

Under the Puerto Rico Textile Products Labeling Act, it is illegal to manufacture or sell any textile product that is falsely labeled or unlabeled. Any textile products sold or distributed in Puerto Rico must be properly labeled according to the requirements of this act.

A textile product is considered falsely labeled under these conditions:

a. The information provided on the product label, invoice, or bill of lading does not reflect the nature or composition of the product

b. The label claims that the textile product is made of animal skin but in reality, it is not

c. The textile product is used but the label does not contain this information

d. The textile label does not include the name of the country where the product was manufactured or processed

Documentation

This act requires manufacturers, distributors, or resellers of textile products in Puerto Rico to register with the Department of Consumer Affairs and provide the following information:

  • The name of the manufacturer, or the agent, or representative
  • Office address of his office or main business
  • Telephone number

Labeling

Any information on the textile label should be written in Spanish and/or English and should include the fibers or combination of fibers contained in the textile product by their generic name.

The trade name of the fibers may be indicated next to the generic name. If a fiber represents less than 5% of the product, it should be labeled as “another fiber” or “other fibers”.

Purchase and Sale of Precious Metals and Stones Regulation

The Purchase and Sale of Precious Metals and Stones Regulation of Puerto Rico sets purchase, sales, and registration requirements for precious metals and stones used as jewelry, decorations, or other products.

Product Scope

The requirements of this regulation apply to precious metals including but are not limited to the following:

  • Gold
  • Silver
  • Platinum
  • Sterling silver
  • Rhodium
  • Palladium

This regulation also covers precious or semiprecious stones or gems such as the following:

  • Diamond
  • Emerald
  • Ruby
  • Sapphire
  • Amethyst
  • Agate
  • Spinel
  • Jasper
  • Onyx
  • Opal
  • Topaz
  • Turquoise
  • Pearl

Requirements

The Purchase and Sale of Precious Metals and Stones Regulation of Puerto Rico require that any person who engages in the trade of precious metals or precious stones must obtain the purchased license from the Secretary of the Treasury of the Commonwealth of Puerto Rico.

Documentation

Under this regulation, every trader of precious metals or precious stones should keep a record in Spanish or English of each transaction or purchase of precious metals or precious stones. The record should include the following information:

a. The name of the buyer or of his employee or agent who makes the purchase

b. The name, address, and age of the vendor

c. The place, date, time, and price of purchase

d. Description of the purchased article, i.e. the type, weight, engraved name, or mark, if applicable

e. A copy of the receipt signed by both the buyer and the seller and identification of the precious metal or stones.

Puerto Rican Arts and Crafts

The Puerto Rican Arts and Crafts is a labeling regulation for souvenirs sold in Puerto Rico, such as key chains, magnets, or photo frames. It sets requirements concerning the manufacturing country of origin of such products.

Product Scope

This regulation applies to souvenirs such as:

  • Key chains
  • Refrigerator magnets
  • Stickers
  • Coffee mugs
  • Figurines
  • Miniature license plates

Requirements

This regulation prohibits the sales, importing, or distribution of articles that are not manufactured in Puerto Rico but include the phrases like “Souvenir of Puerto Rico”, or “Puerto Rico” on the label.

E-Cigarette Regulations

The e-Cigarette Regulations establish requirements regarding the packaging, purchase, sales, and marketing of e-cigarettes and vaporizers sold in Puerto Rico.

Product Scope

The requirements of Puerto Rico e-Cigarette Regulations apply to electronic cigarettes such as:

  • Vaporizers
  • Electronic water pipes
  • Electronic pipes

Requirements

The regulations prohibit the sales of electronic cigarettes to persons under the age of 18. Additionally, sellers of electronic cigarettes should not place advertisements or commercial notices for electronic cigarettes within 500 feet of the following venues:

  • Public or private schools
  • Cinemas
  • Theaters
  • Parks

Labeling

If the electronic liquid contains nicotine, the packaging of the liquid containers must indicate the volume of the nicotine solution.

Act for the Promotion of Reusable Bags and Regulation of Plastic Bags in the Commonwealth of Puerto Rico

This act prohibits retail shop owners from providing disposable bags to customers in Puerto Rico.

Product Scope

The ban on disposable plastic bags is applicable in certain commercial environments, such as grocery stores and retail stores.

This ban does not apply to packages for these products or venues:

  • Meat
  • Handle-less plastic bags
  • Packages used to transport farm products
  • Restaurants

Requirements

This act prohibits retail stores and other commercial stores from providing disposable plastic bags to customers. It does not prohibit the customers from using their own plastic bags in the stores to carry their articles and products.

Product Liability Law

Manufacturers in Puerto Rico have the responsibility to ensure that their products are safe for consumers to use, and they are liable for the defects that cause injury or loss to consumers.

Product Scope

The product liability law applies to consumer products circulated in the market. Examples of covered products categories include

  • Jewelry
  • Medical devices
  • Children’s furniture
  • Eyeglasses

Requirements

According to article 1544 of the Civil Code of Puerto Rico, manufacturers should be held liable for the following defects that happen to the product:

a. Design defect (e.g. manufacturers do not design the product properly to avoid potential dangers during the designing process)

b. Manufacturing defect (e.g. manufacturers do not assemble the product properly during the production process)

c. Marketing defect (e.g. manufacturers do not provide sufficient warnings or instructions)

Labeling

Manufacturers have the responsibility of providing sufficient warnings or instructions to the consumers in order to avoid damages.

Learn More

Regulation Website
Textile Products Labeling Act Link
Purchase and Sale of Precious Metals and Stones Regulation Link
Puerto Rican Arts and Crafts Link
e-Cigarette Regulations Link
Act for the Promotion of Reusable Bags and Regulation of Plastic Bags in the Commonwealth of Puerto Rico Link
Product Liability Law Link

South Carolina

Hazardous Substances Act

The Hazardous Substances Act regulates certain products that contain hazardous substances, including product bans and labeling requirements for products sold in South Carolina.

Product Scope

The requirements of the Hazardous Substances Act apply to products that contain substances that are toxic, corrosive, irritant, or could otherwise harm the users. It covers the following product categories:

  • Children’s toys
  • Children’s products
  • Household products
  • Chemical products

Requirements

The Hazardous Substances Act defines hazardous substances as any substance or mixture of substances that are either toxic, corrosive, irritant, a strong sensitizer, flammable, or could generate high pressure that harms the users.

It requires that products containing hazardous substances must be properly labeled before they are allowed to be sold in South Carolina. Further, it forbids anyone from altering, mutilating, destructing, or removing the information on the product label.

The act also bans:

a. Children’s toys containing hazardous substances

b. Children’s articles containing hazardous substances

c. Hazardous substances that are packed in a form that is suitable for use in household hazardous substances that are packed in a form that is suitable for use in household

Labeling

The Hazardous Substances Act requires that products containing hazardous substances must bear the following information on the product label:

a. The name and address of the company that manufactures, packs, distributes or sells the product

b. The name of the chemical substances

c. The signal word “DANGER” if applicable (e.g. toxic substances)

d. The signal word “WARNING” or “CAUTION” if applicable

e. A description of the dangers that might be caused by the substance such as “Combustible”, or “Causes Burns”

f. Handling instructions, first aid methods, or other relevant measures

g. The word “poison” for “highly toxic” substances

h. The statement “Keep out of the reach of children” when applicable

Food and Cosmetic Act

The South Carolina Food and Cosmetic Act sets up the labeling requirements for food and cosmetic products sold in South Carolina.

Product Scope

The requirements of the Food and Cosmetic Act, as indicated by its name, apply to food and cosmetic products.

Labeling

The South Carolina Food and Cosmetic Act states that food and cosmetic products sold in South Carolina must be properly labeled.

The act requires that the information on the product label must be genuine and should not be misleading. The label should contain the following information:

a. The name and place of business of the manufacturer, packer, or distributor

b. An accurate statement of the quantity of the contents (weight, measure, or numerical count)

Single-Use Plastic Regulations

The Single-Use Plastic Regulations prohibit the use of polystyrene in Charleston, the capital city of South Carolina.

Product Scope

The Single-Use Plastic Regulations apply to the single-use plastic bags and food containers such as:

  • Carryout bags
  • Cups
  • Plates
  • Bowls
  • Clamshells

Requirements

The Single-Use Plastic Regulations prohibit any business establishment or food or grocery establishment from offering single-use plastic carryout bags and food containers in Charleston.

All food or grocery establishments, food providers, and event promoters in Charleston should use recyclable or compostable products.

e-Cigarette Regulations

The e-Cigarette Regulations of South Carolina establish sales and packaging requirements for e-Cigarette retailers in South Carolina.

Product Scope

The e-cigarette Regulations of South Carolina apply to electronic cigarettes or other devices that contain a mechanical heating element, battery, or electronic circuit to deliver vapor that may or may not contain nicotine for the users to inhale. Examples of electronic cigarettes include:

  • e-cigar
  • e-pipe
  • Vape pen
  • Vapor products
  • E-hookah

Requirements

The e-Cigarette Regulations require that the e-liquid containers must be child-resistant and include warning labels as requested by the federal regulation.

Labeling

The product label for nicotine-added electronic cigarettes must contain this warning:

“WARNING: This product contains nicotine. Nicotine is an addictive chemical.”

Product Liability

Under the product liability laws in South Carolina, manufacturers are responsible for the defects that cause injury or loss to the claimants.

Product Scope

The product liability applies to manufacturers of all consumer products, including:

  • Children’s carriers
  • Bicycles
  • Electrical products
  • Household equipment
  • Construction materials

Requirements

Under the Product Liability law of South Carolina, manufacturers are responsible for the following defects:

a. Design defect (i.e. the manufacturer failed to design or manufacture the product properly to avoid the unreasonable risk of threat or harm to the users)

b. Manufacturing defect (i.e. manufacturer using unqualified materials, or fail to monitor the manufacturing process, or fail to provide proper training to the workers, or fail to conduct a quality inspection after finishing production)

c. Marketing/warning defects (i.e. the product has insufficient warning labels or instructions for consumers)

Labeling

Manufacturers should provide adequate warning information or instructions to the users to avoid dangers caused by inappropriate use of the products.

Learn More

Regulation Website
Hazardous Substances Act Link
Food and Cosmetic Act Link
Single-Use Plastic Regulations Link
e-Cigarette Regulations Link
Product Liability Link

Tennessee

Hazardous Substances Act

The Hazardous Substances Act sets up general safety requirements for products that contain hazardous substances. It prohibits the sale or distribution of children’s products and household products that contain substances that could cause harmful consequences to the users, such as highly toxic or corrosive substances.

Also, it sets labeling and warning requirements for other classes of consumer products that contain hazardous substances, such as flammable or corrosive products.

Product Scope

The requirements of the Hazardous Substances Act apply to toys and children’s products that might contain hazardous substances, such as:

  • Children’s cosmetics and personal care products
  • Electronic toys

The Hazardous Substances Act also apply to other consumer products that include substances that are deemed to be:

  • Corrosive
  • Flammable
  • Toxic
  • Irritant
  • Strong sensitizer

Requirements

The Hazardous Substances Act bans certain hazardous substances and products to be used by children and some substances packed as household products, which have the following features:

a. Such products are or contain hazardous substances (i.e. being toxic, corrosive, irritant, combustible, or have other features that can harm the user)

b. Such products is a children’s product that presents electrical, mechanical, or thermal hazards

The Hazardous Substances Act also forbids the following behaviors:

a. Selling hazardous products that are not properly labeled

b. Altering, mutilating, destructing, or removing any part of the label of the hazardous products

Also, the commissioner should promulgate the regulations under this act in accordance with the requirements of the Federal Hazardous Substances Act.

Labeling

The Hazardous Substances Act requires that hazardous products that are not forbidden for sales, such as chemical sets or fireworks, must bear the following label information:

a. The name and place of business of the manufacturer, packer, distributor, or seller

b. The common or usual name or the chemical name

c. The signal word “DANGER” if the substances are extremely flammable, corrosive, or highly toxic

d. The signal word “WARNING” or “CAUTION” on all other hazardous substances

e. The descriptive word for the danger feature of the substances such as “Flammable,” “Combustible,” “Causes Burns,” or similar wordings

f. Precautionary measures, handling instructions, or first aid methods

g. The word “poison” for any hazardous substance if the product is defined as “highly toxic”

h. Instructions and care methods for handling and storage of bulk shipments and packages

i. The statement “Keep out of the reach of children” if not intended to be used by children

Sale or Gift of Certain Novelty Lighters Prohibited

The Tennessee Consumer Protection Act Part 1, Section 47-18-129 prohibits the sale or distribution of novelty lighters in Tennessee.

Product Scope

Examples of novelty lighters include lighters that have an appearance of:

  • Cartoon characters
  • Toys
  • Toy animals
  • Guns
  • Watches
  • Musical instruments
  • Vehicles

Requirements

Tennessee Consumer Protection Act Part 1, Section 47-18-129 prohibits the sale or distribution of novelty lighters.

This act defines “novelty lighter” as lighters that have entertaining audio or visual effects, or have physical form or function that are appealing to or intended for use by children of 10 years of age or younger.

These lighters might have the appearance of cartoon characters, animals, or can play musical notes, or have flashing lights or other entertaining features.

Labeling of Plastic Containers

Tennessee Code Title 68, Chapter 101 on Miscellaneous Safety and Environmental Regulations set up rules on the labeling of plastic containers sold in Tennessee.

Product Scope

The requirements from this code apply to:

a. Plastic bottles with a snap cap, or other closure and have a capacity between sixteen ounces and five gallons

b. Rigid plastic containers are intended for single use with a capacity between eight ounces and five gallons

Labeling

The Tennessee Code requires that plastic containers should be labeled with a code identifying the appropriate resin type used to produce the structure of the container.

The sign is made of triangulated arrows, a code, and an abbreviation of the plastic. The numbers and letters used shall be as follows:

  • Polyethylene terephthalate = PETE 1
  • High-density polyethylene = HDPE 2
  • Vinyl = V 3
  • Low-density polyethylene = LDPE 4
  • Polypropylene = PP 5
  • Polystyrene = PS 6
  • Other plastic resin = OTHER 7

You can find an example of the plastic recycling symbol here.

Bedding Materials

Tennessee Code, Title 68, Chapter 15, Part 2 on Bedding Materials set up labeling rules for manufacturers or sellers of bedding products with filling materials.

Product Scope

The Bedding Materials law covers the following products:

  • Mattress
  • Mattress pads
  • Mattress protector pads
  • Box springs
  • Upholstered springs
  • Upholstered sofa beds
  • Quilted pads
  • Comforters
  • Bolsters
  • Cushions
  • Pillows
  • Featherbeds
  • Sleeping bags

Labeling

The Bedding Materials law requires that each new bedding article sold in Tennessee must be securely and permanently attached with a white cloth label of no less than 6 square inches in size.

The label should contain the following statements written in the English language:

  • Description of the kind of materials used as the filling materials in percentage
  • A statement that the materials are new
  • The name, address of the manufacturer, distributor, or vendor

Product Liability

Product Liability laws in Tennessee define manufacturers’ and sellers’ liability and limitation in the liability actions.

Product Scope

Product Liability laws in Tennessee apply to consumer products such as:

  • Electronic cigarettes
  • Toys
  • Jewelry
  • Furniture
  • Personal protective equipment
  • Household appliances
  • Children’s products
  • Construction products

Requirements

Under the Product Liability law of Tennessee, manufacturers are held responsible for the injury or loss of the claimants based on the theories of negligence, strict liability, and breach of warranty. Manufacturers of consumer products should ensure the safety of the products from the following aspects:

  • Manufacture
  • Construction
  • Design
  • Formula
  • Preparation
  • Assembly
  • Installation
  • Testing
  • Warnings
  • Instructions
  • Marketing
  • Packaging
  • Labeling

Labeling

Manufacturers are responsible to provide sufficient warning information or instructions to guide the users to avoid dangers caused by inappropriate use of the products.

Learn More

Regulation Website
Hazardous Substances Act Link
Sale or Gift of Certain Novelty Lighters Prohibited Link
Labeling of Plastic Containers Link
Bedding Materials Link
Product Liability Law Link

Texas

Hazardous Substances Act (HSA)

The Texas Hazardous Substances Act (HSA) regulates certain consumer products that might bear mechanical, chemical, electrical, heat, and choking hazards to the users.

It requires manufacturers, importers, repackers, and private-label distributors of these products to submit a registration form and filing fee to the Department of State Health Services (DSHS) before selling them in Texas. In addition, these products must be properly labeled and packaged in accordance with the requirements set forth in the Act.

Product Scope

The consumer products regulated by this Act are those that meet the definition of a “hazardous substance” as defined under the Hazardous Substances Act, which covers products containing hazardous substances or products that bear chemical, mechanical, and other hazards. These products are grouped into the following categories:

  • General hazardous consumer products
  • Toys and games for children
  • Balloons, small balls, marbles
  • Art materials

Specifically, “General hazardous consumer products” include the following types of products:

  • Automotive consumer products
  • Building materials
  • Cleaning products
  • Paints
  • Leather-care products

Requirements

The HSA requires that the categories of products mentioned above must be properly labeled containing necessary information on the danger, usage, and instructions for using the products.

The HSA requires that covered products must bear labels containing information to inform the user of the dangers and risks when using, storing, and handling the products. The label should also include first aid instructions.

Labeling

Products that are sold in Texas and fall under the scope of the HSA, which include products that contain chemical or mechanical hazards, must bear proper labels informing consumers of the potential risks and usage instructions to the products.

For toys and games that are intended to be used by children, the HSA requires that such products, when presented with electrical, mechanical, or thermal hazards, should bear labels that contain enough instructions and warnings for safe use.

For example, the HSA suggests that baby gates with V-shaped and diamond-shaped openings could present an entrapment and strangulation hazard to children. Such products must bear a strangulation warning label on the product.

Art materials such as paints, enamels, and plastic resins that have the potential to produce a chronic adverse health effect on the users, should be analyzed by toxicologists and labeled according to ASTM D4236 – Standard Practice for Labeling Art Materials for Chronic Health Hazards.

For other types of hazardous consumer products regulated by the HSA, the labeling information should be accordingly described, following the rules set forth in the Act.

Flammability Rules

The Flammability Rules specified in Chapter 205, Part 1, Title 25 of the Texas Administrative Code sets the requirements on flammable products sold in the State of Texas.

It serves as the supplements to the federal regulations on consumer products safety, and the flammable products should conform with applicable provisions and requirements of the following acts from the perspective of standards, test procedures, acceptance criteria, and performance levels:

  • Federal Flammable Fabrics Act
  • Federal Hazardous Substance Act
  • Federal Standards for Flammability of Children’s Clothing

Product Scope

The Flammability Rules cover the following types of products and substances:

  • Children’s clothing
  • Children’s sleepwear
  • Fabric toys or other flammable articles intended to be used by children
  • Flammable solids and liquids
  • Self-pressurized containers

Requirements

The Flammability Rules requires that substances or products that are defined as “flammable” shall bear a label containing at least the following information:

  • Signal word
  • Statement of the principal hazard or hazards
  • Usage instructions

The Flammability Rules also requires that size 0-6X children’s sleepwear should comply with the flammability standard set forth in 16 CFR Part 1615 – Standard for the Flammability of Children’s Sleepwear: Sizes 0 Through 6X.

Labeling

The Flammability Rules require that a flammable warning and usage instructing information must appear on the main panel of the label. Such information should be placed together and distinctively apart from other wording or designs.

The style of such labels should include the borders of a square or rectangle with or without a borderline. The typeface and color of the warning information and the label background should have a contrasting and distinctive view.

Regulation of Certain Hazardous Substances used in Firefighting Products

The Regulation of Certain Hazardous Substances used in Firefighting Products prohibits the use of perfluoroalkyl and polyfluoroalkyl chemicals in firefighting foams.

Product Scope

This regulation covers firefighting foam designed to extinguish flammable liquid fires that contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals.

Requirements

This regulation forbids the manufacture, sale, and distribution of firefighting foams that contain intentionally added perfluoroalkyl and polyfluoroalkyl chemicals.

Lead Acid Battery Management Laws

The Texas Lead Acid Battery Management Laws establish recycling and labeling rules for importers, manufacturers, retailers, or any party that sells lead-acid batteries in Texas.

Product Scope

This law covers lead-acid batteries, which are any batteries that contain lead and sulfuric acid. Here are some products that may use lead-acid batteries:

  • Electric scooters
  • Electric wheelchairs
  • Electrified bicycles
  • Motorcycles
  • Battery electric vehicles

Requirements

The Texas Lead Acid Battery Management Laws requires that retail businesses that sell lead-acid batteries in the State of Texas should follow these rules:

a. Post written notice containing the universal recycling symbol (the Mobius triangle sign) and the disposal statements. The size of the notice must be at least 8-1/2 inches by 11 inches in size.

b. The disposal statement should contain the following information:

  • “It is illegal to discard or improperly dispose of a motor-vehicle battery or other lead-acid battery.” and
  • “Recycle your used batteries.”; and
  • “State law requires us to accept used motor-vehicle batteries or other lead-acid batteries for recycling.”

c. Accept at least one but not more than three lead-acid batteries for recycling from each customer if offered

E-Cigarette Regulations

The e-Cigarette Regulations of Texas establish sales and packaging requirements for e-Cigarette retailers in Texas.

Product Scope

The e-Cigarette Regulations of Texas apply to electronic cigarettes or other devices that use a mechanical heating element, battery, or electronic circuit to deliver nicotine vapor for the users to inhale.

Requirements

The regulations require that e-cigarette retailers in Texas must register with the comptroller and receive a permit prior to sales. The liquid nicotine sold as an accessory for an e-Cigarette must be sold in a child-resistant container.

Documentation

e-Cigarette retailers must provide their sales information of the previous month to the controller, including the following items for each delivery sale:

a. Name, address, telephone number, and e-mail address of each individual buyer

b. Brand or brands of the cigarettes or e-cigarettes that were sold

c. Quantity of cigarettes or e-cigarettes that were sold

Bedding Rules

The Texas Bedding Rules establish the requirements for labeling, germicidal treatment, and permit for bedding importers, manufacturers, and retailers in the State of Texas.

Product Scope

The Texas Bedding Rules covers any stuffed or filled articles that can be used by a human for sleeping or reclining purposes, which include the following type of upholstered products:

  • Mattresses
  • Mattress pads
  • Mattress protectors
  • Box springs
  • Sofa bed studio couches
  • Chair beds
  • Convertible beds
  • Pillows
  • Bolsters
  • Quilts
  • Comforters
  • Crib pads
  • Playpen pads
  • Infant carrier pads
  • Stroller pads

Requirements

It is illegal to make false or misleading statements on the label regarding the materials, constituents, and germicidal treatment of the bedding products defined in the rules.

Importers or manufacturers of bedding products should provide the required information on the labels and properly attach or stitch the labels to the products. They should also obtain the appropriate permits, as detailed in the next section.

Documentation

The Texas Bedding Rules prohibit anyone from importing, manufacturing, selling, or distributing bedding products before obtaining a permit. Each party should apply for the right permit according to their business type.

Specifically, importers of bedding products should apply for the “Importer Permit” before they are allowed to sell their products in Texas. The term of the permit is two years, which means that importers need to reapply for the permit after the term ends.

Permit fees increase based on the number of imported articles or units of filling materials the importer is requesting authorization to ship during the permit period.

You can learn more about the types of permits and the application fee on this page.

Labeling

The Bedding Rules require that the label attached to the bedding products that are wholly made of new materials should have a minimum size of 6 square inches. The label should be made with white material and printed in black ink with the following information:

a. “ALL NEW MATERIAL” (in capital letters at least one-eighth inch high)

b. The kind and grade of each material used in the filling. If more than one kind or grade of materials is used, display the constituent in the percentage in descending order by weight

c. Manufacture or importer’s permit identification number

Products Liability – Civil Practice and Remedies Code

Title 4, Chapter 82, Section 82.001 of the Texas Civil Practice and Remedies Code outlines the requirements of product liability in Texas. The code holds importers, manufacturers, and sellers accountable for personal injury, death, or property damage caused by a defective product.

Under the code, consumers’ negligent use of products does not exempt importers, manufacturers, or sellers from undertaking responsibility or compensation to the consumer, in the case the product resulted defective or non-compliant.

Product Scope

Product liability laws apply to a broad range of consumer products, including the following:

  • Furniture
  • Children’s products
  • Toys
  • Construction products
  • Home decors
  • Medical devices

Requirements

According to the Products Liability of Texas’s Civil Practice and Remedies Code, importers, manufacturers, or sellers are liable for the injury or harm caused to the users when such products bear designing defects or inadequate warning information.

Companies are also liable if they conceal, withhold, or misrepresent product information to the users.

Documentation

It is important that companies obtain adequate certificates, test reports, or other documentation that can prove product compliance with relevant regulations, before selling them to consumers.

Labeling

Product Liability Law of Texas explains that importers, manufacturers, or sellers are responsible for the harm or injury of the claimant when they fail to provide adequate warning or instructions on the products. This means that companies must include proper warning labels or statements attached to the products in a conspicuous way if such products bear potential dangers when being used.

On another hand, companies are generally not liable for any injury to a claimant caused by aspects of the design, formulation, or labeling of a product if such product complies with the mandatory safety standards or regulations established or adopted by the federal government and other agencies.

Learn more

In this table, we summarized the acts, rules, and laws we introduced above. You can click on the link on the right side to see the legal text.

Regulation Website
Hazardous Substances Act Link
Flammability Rules Link
Regulation of Certain Hazardous Substances used in Firefighting Products Link
Lead Acid Battery Management Laws Link
E-Cigarette Regulations Link
Bedding Rules Link
Products Liability – Civil Practice and Remedies Code Link

Utah

Fire Code

The Fire Code of Utah sets up flammability standards and testing methods for interior furnishings in buildings. These standards include NFPA and 16 CFR 1632 cigarette ignition tests, and ASTM fire-test-response for upholstered furniture.

Product Scope

The Fire Code of Utah sets up flammability standards for products such as:

  • Interior finish
  • Interior trim
  • Furniture
  • Decorative materials in buildings

Requirements

The Fire Code of Utah establishes flammability standards for interior finish, decorative materials, and furnishings. Below, we list some testing standards and requirements outlined in the Fire Code of Utah.

Upholstered furniture and mattresses

Section 805 of the Fire Code on Upholstered Furniture and Mattresses in New and Existing Buildings set up flammability rules and standards for upholstered furniture and mattresses used indoors.

Upholstered furniture should meet the requirements of Utah Fire Code Sections 805.1.1.1 through 805.1.1.3. Upholstered furniture must comply with the following standards:

a. NFPA 261 – Standard Method of Test for Determining Resistance of Mock-Up Upholstered Furniture Material Assemblies to Ignition by Smoldering Cigarettes

b. NFPA 260 – Standard Methods of Tests and Classification System for Cigarette Ignition Resistance of Components of Upholstered Furniture

c. ASTM E1537 – Standard Test Method for Fire Testing of Upholstered Furniture, or California Technical Bulletin 133

Mattresses shall meet the requirements of Utah Sections 805.1.2.1 through 805.1.2.3. Mattresses must comply with these standards:

a. 16 CFR Part 1632 – Standard for the Flammability of Mattresses and Mattress Pads

b. ASTM E1590 – Standard Test Method for Fire Testing of Mattresses, or California Technical Bulletin 129

Textile wall coverings and expanded vinyl wall coverings

Textile wall coverings and expanded vinyl wall coverings used in the buildings should comply with the following standard:

NFPA 265 – Standard Methods of Fire Tests for Evaluating Room Fire Growth Contribution of Textile or Expanded Vinyl Wall Coverings on Full Height Panels and Walls.

Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act

The Bedding, Upholstered Furniture and Quilted Clothing Inspection Act covers labeling and sales requirements for upholstered furniture, quilted clothing, and filling materials sold in the State of Utah.

Product Scope

The requirements of this act apply to bedding, upholstered furniture, quilted clothing, and filling materials such as the following:

  • Pillows
  • Comforters
  • Quilts
  • Cushions
  • Hammock pads
  • Mattresses
  • Box springs
  • Sleeping bags
  • Studio couches
  • Down
  • Feather
  • Wool

Requirements

This act prohibits anyone to manufacture, repair, or wholesale any bedding, upholstered furniture, quilted clothing, or filling materials without a permit issued by the Utah Department of Health.

The act also requires that anyone who manufactures or sells new bedding, upholstered furniture, or quilted clothing with filling material made of down, feather, wool, or hair must properly disinfect their products.

Documentation

The act requires that manufacturers, repairers, or wholesalers of covered products must register with the Utah Department of Health and obtain a permit before they are allowed to sell their products in Utah. This permit must be renewed annually.

Labeling

This act requires that manufacturers or retailers must affix a tag that contains genuine information about the product such as the following:

a. The words “All New Material” “Second Hand Material” or “Owner’s Material”, according to the filling material type

b. The percentage of each component part of the product by weight in descending order

c. Quilted clothing shall be labeled in accordance with the requirements of the Federal Textile Fiber Products Identification Act

The tag should be at least six square inches and should be placed in such a position as to facilitate examination.

The tag should be at least six square inches and should be placed in such a position as to facilitate examination.

e-Cigarette Regulations

The e-cigarette Regulations set up labeling, sales, and purchase requirements in the State of Utah.

Product Scope

The Utah e-cigarette Regulations apply to electronic cigarettes such as e-cigars and e-pipes.

Requirements

The Utah e-cigarette Regulations prohibit the sales or distribution of electronic cigarette products to persons under age 21 years old. Anyone who is younger than 21 years of age is also prohibited to purchase or possess electronic cigarettes.

The regulations also require that it is unlawful for tobacco retail specialty businesses to hire employees under 21 years of age to sell electronic cigarette products.

Documentation

The Utah e-cigarette Regulations require that anyone who sells or distributes electronic cigarettes must hold a state license obtained from the Department of Health.

Labeling

The e-cigarette Regulations set out the labeling and packaging requirements for manufacturers, resellers, or retailers of electronic cigarettes to follow. The product label must include the following information:

  • Safety warning (if applicable)
  • Maximum nicotine levels

If the electronic cigarette contains nicotine, the warning information on the product label should be written like this:

“This product contains nicotine. Nicotine is an addictive chemical.”

If the electronic cigarette does not contain nicotine, the warning should be like this:

“WARNING: Keep away from children and pets.”

The warning information should take up at least 30% of the display pane on the packaging.

Finally, the product should be packed in child-resistant packaging.

Product Liability Act Laws

Under the Product Liability Act of Utah, product manufacturers are held strictly liable for the injury or loss of the claimants under certain circumstances.

Product Scope

The principle of product liability in Utah applies to most consumer products that are put into commerce, such as:

  • Electronic devices
  • Electronic cigarettes
  • Laser devices
  • Bluetooth speakers
  • Baby’s pacifiers
  • Baby’s carriers

Requirements

Claimants have the right to seek to recover damages based upon a claim that they were injured by a defective and unreasonably dangerous product. A product is deemed to be defective when it contains:

a. Manufacturing defects (e.g. the product is not compliant or not qualified, or the product was not properly assembled)

b. Design defects (e.g. the manufacturer fail to design in a proper way to avoid foreseeable dangers)

c. Marketing defects (e.g. the product does not have an adequate warning or instruction information)

Labeling

Manufacturers are responsible to label their products properly with adequate warning information or instructions for consumers.

Learn More

Regulation Website
Fire Code Link
Bedding, Upholstered Furniture, and Quilted Clothing Inspection Act Link
e-cigarette Regulations Link
Product Liability Act Link

Vermont

Offenses Against Public Health – The Vermont Statutes

Chapter 29, Title 18 of the Vermont Statutes establishes requirements regarding the content level of phthalates and Bisphenol A contained by certain children’s products sold in the state of Vermont.

Product Scope

The requirements from this chapter apply to:

  • Children’s toys
  • Child care products
  • Food and beverage containers

Requirements

This chapter establishes the concentration level requirements for phthalates and Bisphenol A in children’s products.

Phthalates

Chapter 29, Title 18 of the Vermont Statutes prohibits the manufacturer, sales, or distribution of any toys or child care products that are intended for the consumption by a child under 3 years of age if such product contains more than 0.1% by weight of these phthalates:

  • DEHP
  • DBP
  • BBP

In addition, no company should manufacture, sell, or distribute any toys or child care articles that are intended to use by a child under 3 years of age f such product can be placed in the child’s mouth and contains more than 0.1% by weight of these phthalates:

  • DINP
  • DIDP
  • DnOP

Examples of such products include:

  • Plush toys
  • Electronic toys
  • Bath toys
  • Teethers
  • Rattles
  • Sucking teats

Bisphenol A

Chapter 29, Title 18 of the Vermont Statutes prohibits the manufacturer, sales, or distribution of any reusable food or beverage container, including food and beverage containers used by infants, containing Bisphenol A.

Manufacturers of products covered by this chapter should not replace phthalates or Bisphenol A with category A, B, or C carcinogens listed in the “List of Chemicals Evaluated for Carcinogenic Potential” by the U.S. Environmental Protection Agency (EPA).

The content of this list might be subject to changes periodically, please visit the official website of the EPA to view the latest version of this list.

Examples of such products include:

  • Baby bottles
  • Spill-proof cups
  • Plastic jars
  • Sports bottles
  • Thermoses

Note that the requirements from this chapter do not apply to single-use food and beverage containers.

Chemical Disclosure Program for Children’s Products

The Chemical Disclosure Program for Children’s Products of Vermont establishes reporting rules for manufacturers of children’s products containing chemicals on the List of Chemicals of High Concern to Children.

Product Scope

This rule applies to consumer products that are designed to be used by children such as:

  • Toys
  • Cosmetics
  • Jewelry
  • Clothing
  • Chewing tools
  • Feeding tools and food containers
  • Car seats

Requirements

The program requires manufacturers of children’s products to report to the Vermont Department of Health if their products contain one or more chemicals listed in the State’s List of Chemicals of High Concern to Children.

The reporting rules are:

a. In cases when the chemicals are intentionally added to a children’s product, manufacturers are required to report to the Vermont Department of Health whether the chemicals are at a level above the Practical Quantitation Limit (PQL), which is the lowest measurable amount of a chemical contained in a product

b. In cases when the chemicals are not intentionally added to a children’s product, manufacturers are required to report to the Vermont Department of Health when the concentration level is 100 parts per million (0.01% by weight) or greater.

Here we list some examples of chemicals and their PQL level from the list:

  • Formaldehyde < 0.0005% by weight
  • Bisphenol A < 0.002% by weight
  • Bisphenol S < 0.0001% by weight
  • DCHP < 0.0025% by weight
  • DIBP < 0.0025% by weight
  • DIDP < 0.005% by weight
  • DINP < 0.005% by weight
  • BBP < 0.0005% by weight
  • PFOS < 0.0001% by weight
  • Lead and lead compounds < 0.0001% by weight

You can visit the “List of Chemicals of High Concern to Children” to assess the PQL for other chemicals.

Documentation

Product manufacturers should submit a report disclosing the chemicals used in the children’s products from the List of Chemicals of High Concern to Children. The report must contain information such as:

a. Name of the chemical used or produced and its chemical abstracts service registry number

b. Product description or product component containing the chemical. This description must include a Global Product Classification (GPC) product brick description

c. Brand name, product model, and the universal product code (UPC) if applicable

d. The amount range of the chemical contained in each unit of the product or product component in parts per million

e. The name, address, contact number of the manufacturer

f. Information the manufacturer considers relevant to the appropriate use of the product

g. The function of the chemical in the product

Prohibition of Lead in Jewelry

The Vermont Statutes prohibit the manufacturer, sales, or distribution of sales of children’s jewelry containing lead.

Product Scope

The prohibition of lead content applies to children’s jewelry such as:

  • Rings
  • Necklaces
  • Bangles
  • Pendants

Requirements

Title 9, Chapter 63 of the Vermont Statutes prohibits the manufacturer, sales, or distribution of children’s jewelry containing lead.

Restrictions on Perfluoroalkyl and Polyfluoroalkyl Substances and Other Chemicals of Concern in Consumer Products

This Act prohibits the use of PFAS in food packaging, rugs, and ski waxes. It also prohibits the use of phthalates in food packaging components and rugs.

Product Scope

This Act should apply to food packaging and its components such as:

  • Sandwich wrappers
  • French-fry boxes
  • Bakery bags
  • Microwave popcorn bags
  • Take-out paperboard containers

It also covers rugs, carpets, and ski wax.

Requirements

This Act prohibits the manufacture, sale, or distribution in the State of Vermont of any containing PFAS in the following products:

  • Food packaging
  • Rugs and carpets
  • Ski wax

In addition, food packaging and its components containing phthalates are also prohibited in Vermont. These components include:

  • Inks
  • Dyes
  • Pigments
  • Adhesives
  • Stabilizers
  • Coatings
  • Plasticizers

Documentation

According to the Act, the Attorney General may request the manufacturers of covered products to provide a copy of the certificate of compliance to attest the compliance of the products.

If the Attorney General decides that the products do not comply with the requirements of this Act, then such products are prohibited to be sold in Vermont. The Attorney General also requires manufacturers to provide a list of the names and addresses of sellers and might take action to withdraw or recall the products.

Flame Retardants – The Vermont Statutes

The Vermont Statutes prohibits the use of several flame retardants on certain groups of products, including electronics, upholstered products, and bedding.

Product Scope

The statutes cover products of the following categories:

  • Electronics
  • Upholstered products
  • Beddings

Requirements

Chapter 80, Title 9 of the Vermont Statutes prohibits the use of several flame retardants on certain groups of products, including electronics, upholstered products, and beddings.

Brominated flame retardants

The statutes prohibit companies from manufacturing, selling, or distributing a product containing more than 0.1% by weight of octaBDE or pentaBDE.

It also prohibits the manufacturer, sales, or distribution of these products containing more than 0.1% of decaBDE:

  • Mattresses or mattress pads
  • Upholstered furniture
  • Television
  • Computer
  • Plastic shipping pallets

Chlorinated flame retardants

The statutes prohibit companies from manufacturing, selling, or distributing any children’s products or household upholstered furniture that contain more than 0.1% by weight of TCEP or TDCPP.

This restriction also applies to the following individual article and not to the individual product components:

  • Personal computers
  • Audio and video equipment
  • Calculators
  • Wireless telephones
  • Game consoles
  • Computer games

Manufacturers are not allowed to replace the prohibited flame retardants of this chapter with other substances that are known to cause cancer, birth defects, hormone disruption, or reproduction harm to the users.

Single-Use Products Law

The Single-Use Products Law in Vermont prohibits the distribution and provision of certain types of plastic packaging and food containers from the food service providers, retail stores, cafes, and farmer’s markets in Vermont.

Product Scope

The Single-Use Products Law applies to the following types of plastic products:

  • Plastic bags
  • Plastic straws
  • Plastic stirrers
  • Expanded polystyrene food packaging

Requirements

This law requires that stores and food service establishments such as cafes, restaurants, and food trucks are not allowed to provide the following types of plastic products at check-out:

  • Plastic carryout bags
  • Plastic straws
  • Plastic stirrers
  • Expanded polystyrene plates and cups
  • Expanded polystyrene trays
  • Expanded polystyrene egg cartons
  • Expanded polystyrene take-out containers

Upholstered Furniture and Bedding Law

The Upholstered Furniture and Bedding Law prohibits the manufacturer, sales, or distribution of upholstered furniture or bedding products made of used materials. Manufacturers should also place a permanently affixed tag to the product displaying the product and manufacturer’s information.

Product Scope

This law applies to upholstered furniture and bedding products such as:

  • Mattresses
  • Mattress pads
  • Futons
  • Sofa beds
  • Pillows

Requirements

The Upholstered Furniture and Bedding Law prohibits the manufacturer, sales, or distribution of upholstered furniture or bedding products made of used materials.

Labeling

The Upholstered Furniture and Bedding Law requires that manufacturers must also affix a permanent label made of cloth or paper in a size of least 3 X 4 inches in dimensions to the upholstered or bedding article.

The label should display the following information in English:

  • The material used for filling the article
  • Name of the manufacturer or vendor
  • A statement that such article contains all new material

Product Liability Law

Under Vermont law, product manufacturers are liable for the injuries or losses of the claimants under certain circumstances. Currently, there is no single uniform product liability act or law in Vermont. Manufacturers should consult an attorney specializing in this area if necessary.

Product Scope

Product liability applies to consumer products, such as:

  • Electronic and electrical products
  • Personal protective equipment
  • Medical devices
  • School supplies
  • Toys

Requirements

Under Vermont law, product manufacturers are liable to the injuries or losses caused to the claimants when:

a. The product has design defects

b. The product was produced or assembled incorrectly during the manufacturing or production process

c. The product was not properly labeled with warning or instruction statements

Learn More

Regulation Website
Offenses Against Public Health – The Vermont Statutes Link
Chemical Disclosure Program for Children’s Products Link
Prohibition of Lead in Jewelry Link
Restrictions on Perfluoroalkyl and Polyfluoroalkyl Substances and Other Chemicals of Concern in Consumer Products Link
Flame Retardants – The Vermont Statutes Link
Single-Use Products Law Link
Upholstered Furniture and Bedding Law Link

Virginia

Virginia Waste Management Act

The Virginia Waste Management Act covers litter control, waste management, recycling, collection, and more. Here, we focus on several sections of the Act that apply to the substance restriction and waste management of consumer products and packaging.

Expanded Polystyrene Food Service Containers Prohibited

The Act requires that after July 1, 2025, no food vendor shall offer food to customers served in expanded polystyrene containers.

Product Scope

This Act covers the following type of expanded polystyrene food service containers:

  • Plates
  • Bowls
  • Clamshell food containers
  • Trays
  • Beverage cups and lids

Requirements

Article 3, Chapter 14 of the Virginia Waste Management Act requires that beginning from July 1, 2025, it is forbidden for any type of food vendor to dispense prepared food to customers in an expanded polystyrene food service container.

Labeling of Plastic Container Products Required

Article 3, Chapter 14 of the Virginia Waste Management Act prohibits the sales, distribution of any plastic bottle or rigid plastic container that does not bear the triangulated arrows label indicating the plastic resin used to produce the container.

Product Scope

The requirements of this section apply to single-use plastic bottles or containers of capacity less than 5 gallons.

Labeling

Under this section, plastic containers must contain three triangulated arrows with acronyms placed below the triangle of arrows. The center of the triangulated arrows will display number 1 – 7, depending on the type of plastic container.

These arrows should be placed at the bottom of the containers made of the following type of materials:

  • Polyethylene terephthalate = PETE 1
  • High-density polyethylene = HDPE 2
  • Vinyl = V 3
  • Low-density polyethylene = LDPE 4
  • Polypropylene = PP 5
  • Polystyrene = PS 6
  • Other plastic resin = OTHER 7

Plastic Holding Device Prohibited

The Virginia Waste Management Act prohibits the packed beverage cans sold in the form connected by plastic holding rings or devices.

Product Scope

The requirements of this section apply to plastic rings or other devices that are used to connect the beverage bottles, cans, or jars.

Requirements

Article 3, Chapter 14 of the Virginia Waste Management Act requires that it is unlawful to sell beverage containers that are connected by plastic rings or other non-degradable nor recyclable plastic.

Material Containing Fully Halogenated Chloro-fluorocarbons Prohibited

The Virginia Waste Management Act forbids the manufacturer, sales, and distribution of packaging materials that contain fully halogenated chloro-fluorocarbons as a blowing or expansion agent.

Product Scope

Examples of packaging materials that could contain fully halogenated chloro-fluorocarbons include:

  • Food packaging
  • Styrofoam plates
  • Styrofoam bowls
  • Fast-food containers
  • Packing cushions

Requirements

Article 3, Chapter 14 of the Virginia Waste Management Act prohibits the manufacture, sales, or distribution of packaging materials that contain fully halogenated chloro-fluorocarbons as a blowing or expansion agent.

Products Containing Trichloroethylene Prohibited

The Virginia Waste Management Act prohibits the sales or distribution of household products containing trichloroethylene.

Product Scope

Trichloroethylene is often used in these products:

  • Cleaning wipes
  • Aerosol cleaning products
  • Tool cleaners
  • Paint removers
  • Spray adhesives
  • Carpet cleaners and spot removers

Requirements

Article 3, Chapter 14 of the Virginia Waste Management Act prohibits the sales or distribution of household products containing trichloroethylene.

Computer Recovery and Recycling Act

The Computer Recovery and Recycling Act requires that manufacturers of computers must establish and execute a recycling plan according to certain rules set forth in the section under this Act.

Product Scope

The Computer Recovery and Recycling Act applies to computer equipment such as desktop computers and laptop computers.

Requirements

The Computer Recovery and Recycling Act requires that manufacturers of computers should comply with the following steps before selling in Virginia:

a. Adopt and implement a recovery plan

b. Affix a permanent and conspicuous label to the computer equipment with the manufacturer’s brand name

Also, the manufacturer’s recycling plan must take the following factors into consideration when making the recycling plan:

a. The plan should enable a consumer to recycle computer equipment without paying a separate fee at the time of recycling

b. The collection process must be convenient and available to consumers and able to meet the collection needs of consumers

c. Manufacturers may use the existing recycling infrastructure and try to cooperate with other parties such as the retailers, recyclers, and reuse organizations to maximize the recycling efficiency and achieve resource integration

d. Manufacturers should provide collection, recycling, and reuse information on computer’s packaging, the company’s official website, and to the Department of Environmental Quality

Labeling

Manufacturers of computer equipment should affix a permanent label with the company’s brand information. In addition, the packaging of the computer should contain collection, recycling, and reuse information.

Humane Cosmetics Act

The Humane Cosmetics Act prohibits the import, manufacture, sale, or distribution of cosmetic products that use animals as testing or experimenting subjects after January 1, 2022.

Product Scope

This Act applies to cosmetics and personal hygiene products such as the following:

  • Shampoo
  • Deodorants
  • Shower gels
  • Lip balms
  • Moisturizer
  • Nail polish

Requirements

The Humane Cosmetics Act prohibits the import, manufacture, and sales of cosmetic products or cosmetic components that use animals as the testing subjects to verify the safety of the products.

Regulations for Bedding and Upholstered Furniture Inspection Program

The Regulations for Bedding and Upholstered Furniture Inspection Program requires that importers, manufacturers, or distributors of bedding or upholstered furniture must obtain a license from the State Health Commissioner. In addition, the bedding or upholstered product should include a law label with the company’s information on it.

Product Scope

This Program applies to bedding and upholstered furniture that is used by humans for sleeping or reclining purposes, such as:

  • Mattress
  • Mattress pad
  • Boxspring
  • Upholstered bed
  • Davenport
  • Futon
  • Sofa bed
  • Quilted pad
  • Packing pads
  • Hammock pad
  • Comforter
  • Pillow

Requirements

The Regulations for the Bedding and Upholstered Furniture Inspection Program require that importers and manufacturers of bedding products and upholstered furniture must register with the State Health Commissioner and apply for the registration number.

Covered products must include a law label containing product and manufacturer’s information.

Labeling

Importers and manufacturers must attach a law label to the bedding products and upholstered furniture with the size not less than six square inches and contain the following information in English:

a. Name and address of the company (importer or manufacturer or distributor)

b. Company’s registration number

c. Type of filling material used in the product

d. A statement that the filling materials are new

f. Permit number issued to the person sterilizing the new feathers, hair, down or other filling materials

Here is an example of the law label for new bedding and upholstered furniture:

_____________________________________

UNDER PENALTY OF LAW THIS TAG NOT TO BE REMOVED EXCEPT BY CONSUMER

_____________________________________

ALL NEW MATERIAL

CONSISTING OF

_____________________________________

REG. NO.

_____________________________________

Certification is made by the manufacturer

that the materials in this article are

described in accordance with law.

_____________________________________

MADE BY

(NAME OF MANUFACTURER OR VENDOR)

(ADDRESS OF MANUFACTURER OR VENDOR)

Date of Delivery ___________________________

(Additional Information)

Reduction of Heavy Metals in Packaging Act

The Reduction of Heavy Metals in Packaging Act of Virginia restricts the use of certain heavy metals in product packaging and its components.

Product Scope

Packaging includes consumer product packaging and food packaging such as:

  • Cases
  • Crates
  • Cups
  • Wrapping foil
  • Trays
  • Wrappers
  • Bags

This Act also covers components of the product packaging, such as:

  • Inks
  • Pigments
  • Adhesives
  • Coatings
  • Paper label

Requirements

This Act restricts the content level of the following heavy metal on the packaging or its component to be less than 0.01% by weight:

  • Lead
  • Cadmium
  • Mercury
  • Hexavalent chromium

Documentation

This Act requires manufacturers and distributors of the packaging must draft and maintain a Certificate of Compliance stating that a package or packaging components comply with the heavy metal level requirements.

Manufacturers or distributors should provide the Certificate of Compliance to the state authorities, purchasers, or the public when requested.

Learn More

Regulation Website
Virginia Waste Management Act Link
Humane Cosmetics Act Link
Regulations for Bedding and Upholstered Furniture Inspection Program Link
Reduction of Heavy Metals in Packaging Act Link

West Virginia

Regulation and Control of Bedding and Upholstery Business

The Regulation and Control of Bedding and Upholstery Business establishes registration, labeling, and sterilization requirements for bedding products sold in the State of West Virginia, such as mattresses or pillows.

Product Scope

According to the definition provided in the regulation, bedding products refer to any article of household furniture or materials that are wholly or partly filled with soft material, as long as the products are intended to be used for sitting or resting. The definition does not include upholstered seats or cushions that are used in automobiles, trucks, buses, or airplanes.

Here are some examples of covered products:

  • Mattresses
  • Pillows
  • Cushions
  • Quilts
  • Bed pads
  • Comforters
  • Upholstered spring beds
  • Headboards
  • Box springs
  • Davenport
  • Bedsprings

Requirements

The Regulation and Control of Bedding and Upholstery Business provides the following requirements for bedding products and upholstered furniture:

a. Manufacturers or sellers of bedding products must register with the West Virginia Division of Labor before they are allowed to sell their products in the state

b. Bedding products must be properly labeled according to the requirements set forth in this regulation (see the next section of this guide for details)

c. Bedding products that are filled with second-hand materials must be properly sterilized before they are allowed to be sold in the state

d. Other than the purchaser, no one should remove or alter the label on the product

Labeling

This regulation requires that the manufacturer or vendor must attach a permanent tag or label to each article containing the following information written in at least in ⅛ inch height letters:

a. Name of the manufacturer or vendor

b. Registry number obtained from the Division of Labor

c. Name of the filling materials

d. A statement declaring whether the filling materials are new or secondhand

e. A statement declaring that the materials have been sterilized and the number of the sterilization permit (if the article is made of second-hand materials)

f. A statement declaring that such article complies with the requirements of this regulation

Further, the size of the label or tag should be at least six square inches, and the label or the tag should be made of muslin, linen, or other material of similar durability. The color of the label or the tag should be:

a. White (for products are made of new materials)

b. Yellow (for secondhand or renovated material or articles)

c. Blue (for materials placed off-sale by the commissioner)

d. Red (for materials exposed to infectious or contagious disease and declared “unclean”)

Covered Electronic Devices Manufacturer Registration and Takeback Program

The West Virginia Covered Electronic Devices Manufacturer Registration and Takeback Program require manufacturers of covered electronic devices, such as televisions or computers, to register with the State of West Virginia annually.

Product Scope

The takeback program covers electronic devices with a screen that is greater than 4 inches measured diagonally. Such products include:

  • Televisions
  • Computers
  • Video display devices

Covered electronic devices do not include video display devices that are contained within a household appliance or commercial, industrial, or medical equipment.

Requirements

The takeback program requires that manufacturers of covered electronic devices that produced an average of more than 1,000 lectronic devices per year in the past three-year period are required to register with the West Virginia Department of Environmental Protection.

If a manufacturer has not produced more than 1,000 covered devices per year in the past three-year period, it should still submit a letter of explanation to the department, for compliance purposes.

Manufacturers of covered devices must take these elements into consideration when building their takeback program:

a. Enabling a consumer to recycle covered electronic devices without paying a separate recycling fee

b. The collection process should be reasonable and convenient

c. The program should include information for the consumer on how and where to return the manufacturers’ covered electronic devices

d. The program might be required to comply with Federal environmental management standards established by the Environmental Protection Agency (EPA) to ensure the safe and proper handling of the electronic products

Documentation

Manufacturers of covered devices should provide the following information when registering with the department:

a. Manufacturer’s name

b. Manufacturer’s address

c. Manufacturer’s phone number

d. Contact person

e. All brand names sold by the manufacturers in West Virginia

f. A statement declaring whether the manufacturer has implemented the takeback program for its devices

g. Manufacturer’s takeback program website URL

Labeling

Each covered electronic product must be labeled with the manufacturer’s brand.

Hemp Products

Section 61-30 of the West Virginia Administrative Code establishes the registration, labeling, and certification requirements for hemp products sold within the State of West Virginia, such as hemp clothing or hemp cosmetics.

Product Scope

This legislative rule on hemp products sold in West Virginia applies to hemp products such as:

  • Hemp clothing
  • Hemp underwear
  • Hemp socks
  • Hemp shoes
  • Hemp belts
  • Hemp carpet
  • Hemp paper
  • Hemp candles
  • Hemp face cream
  • Hemp dog collars
  • Hemp energy bars
  • Hemp protein powder

Requirements

Series 61-30 of the West Virginia Administrative Code requires that manufacturers, sellers, retailers, or distributors selling hemp products in West Virginia must register annually with the West Virginia Department of Agriculture.

It also requires a certificate of analysis, and specific labeling for products some categories of products such as cosmetics, food, and dietary supplements that contain hemp.

Documentation

Manufacturers or sellers of hemp products in West Virginia should provide the following information to the West Virginia Department of Agriculture:

a. The name and address of the applicant

b. The name of the product

c. The name and address of the origin of the raw hemp product

d. Place of manufacturer

e. A copy of the label that appears on the product

f. A certificate of analysis from a third-party laboratory for the lot for each product (excluding hemp fiber products)

The certificate of analysis issued by a third-party laboratory for the hemp products should include the following information:

  • Batch or lot number
  • The date the certificate of analysis was received
  • The analysis method for each test
  • The product name

Products that only include hemp ingredients for which the FDA has granted the GRAS status, that is the ingredients are “generally recognized as safe”, are exempt from certification requirements.

In addition, manufacturers of hemp products are required to maintain documentation for each product showing the origin of the hemp they used to produce the products, including documentation that the hemp was grown by a licensed hemp grower.

Labeling

The labeling requirements for hemp products are mainly targeted to food or cosmetic products that are consumed by the users. The following is the overview of the labeling requirements for hemp products.

Food or dietary supplements

Food or dietary supplements that contain CBD should be labeled in accordance with FDA guidelines for food or dietary supplement labeling. In addition, these products should not contain any drug claims on the label, unless they are approved by the FDA.

Cosmetics

Hemp products produced for topical absorption by humans should be labeled in accordance with the FDA warning guidelines for cosmetics.

Animal food

Hemp products meant for animal consumption, such as molar rods and bone broth powder, should be labeled and comply with applicable federal laws and regulations.

Additional requirements include:

a. Information on the hemp product labels must be written in English

b. The label should be clear and legible

c. The product lot on the label must be traceable to the plant origin

d. Unless at least 51% of the hemp in the product is grown in West Virginia, the product should not be labeled as a “West Virginia hemp product”

e. The product design cannot be attractive to children and use cartoons or images that are appealing to children on the label

E-cigarette Regulations

The E-cigarette Regulations outline rules on the distribution, purchase, and use of electronic cigarettes in West Virginia.

Product Scope

The requirements of the E-cigarette Regulations of West Virginia apply to these types of electronic cigarettes and components:

  • Electronic water pipes
  • Electronic pipes that contain nicotine
  • Electronic liquid
  • Electronic hookahs

Requirements

The E-cigarette Regulations of West Virginia forbids the selling or distributing of electronic cigarettes to any person that is under age 18. The use of electronic cigarettes by persons under age 18 is also banned.

Limitation on product liability actions; innocent seller

The product liability rules of West Virginia provide a basis for the liability action that takes place in West Virginia. They outline manufacturers, sellers, and consumers’ responsibilities and obligations in the context of liability action.

Product Scope

The product liability rules of West Virginia apply to products circulated in the consumer market. Examples of covered products include:

  • Sportswear
  • Shoes and footwear
  • Fitness products
  • Jewelry
  • Helmets
  • Sunglasses

Requirements

According to the product liability rules in West Virginia, consumers have the right to file an action against a manufacturer or seller of a product based on the doctrine of strict liability if the product causes personal injury, death, or property damage to the consumers.

The product liability action could be brought by injuries or loss caused by the following factors:

  • Manufacture
  • Construction
  • Design
  • Formula
  • Installation
  • Preparation
  • Assembly
  • Testing
  • Packaging
  • Labeling
  • Marketing
  • Sales

The rules explain that no product liability action should be maintained against a seller except under situations such as the following:

a. The seller was informed about the defect in the product that caused the harm

b. The seller has substantial control over the manufacture, construction, design, formula, installation, preparation, assembly, testing, labeling, warnings, or instructions of the product

c. The seller altered the product without the permission or authorization of the manufacturers

Follow the link in the source below for a complete list of situations for which no product liability action should be maintained against a seller.

Learn More

Regulation Website
Regulation and Control of Bedding and Upholstery Business Link
Covered Electronic Devices Manufacturer Registration and Takeback Program Link
Hemp Products Link
E-cigarette Regulations Link
Limitation on products liability actions; innocent seller Link

Wisconsin

Child’s Containers Containing Bisphenol-A

The Wisconsin Statutes 100.335 prohibits the use of Bisphenol-A (BPA) and sets out labeling requirements for child’s containers.

Product Scope

Statutes 100.335 cover child’s containers, which are defined as empty baby bottles or spill-proof cups intended for use by a child 3 years of age or younger.

Below we list out some product examples:

  • Sippy cup for toddlers
  • Nursing bottles
  • Feeding bottles
  • Pacifier bottles

Requirements

The statutes require that no person should manufacture or sell any child’s container that contains Bisphenol-A. Also, the container should carry a “BPA-free”.

Labeling

Manufacturers or wholesalers should ensure the containers carry a label stating that the product does not contain Bisphenol-A.

Here are some examples of the label wording:

a. “This product does not contain bisphenol-A.”

b. “100% BPA Free.”

c. “No BPA.”

Furs to Be Labeled

The Wisconsin Statutes 100.35 sets out the labeling requirement for fur garments. It also outlines the penalties for the violation.

Product Scope

The statutes cover any garment that is partially or wholly made of fur. Below we list out some product examples:

  • Beaver jackets
  • Faux coats
  • Fox scarfs
  • Mink muffs

Requirements

The statutes require that no person should sell or offer or display any fur garments without a conspicuous label of the species of fur. Any person who violates this requirement may be fined up to $200.

This requirement does not apply to fur garments sold at a price of less than $50.

Labeling

Fur garments must bear a clear and legible label showing the fur species, in English.

Here are some examples of label wording:

a. “This garment is made of mink.”

b. “Made of raccoon, beaver, and rabbit.”

c. “Fabric material: Faux, fox.”

Plastic Container Labeling

The Wisconsin Statutes 100.33 introduces recycling labeling requirements for plastic containers such as plastic bottles and beverage bottles. It also prohibits the sale of plastic containers if they do not have a recycling label.

Product Scope

The statutes cover all general plastic containers such as below:

  • Alcohol beverage
  • Tea bottles
  • Drinking water bottles
  • Blister packs

Requirements

The statutes prohibit the sale of plastic containers without any recycling label. Instead, manufacturers or sellers should attach a legible label to facilitate recycling.

The label should include instructions for operators of material recovery programs.

Labeling

The statutes recommend that manufacturers and sellers should comply with the national industry-wide plastic container coding systems. Here are some examples of information that should be included in the recycling labels:

  • Manufacturer contacts
  • Material contents
  • Recycling numbers and abbreviations
  • Recycling symbols
  • Warning statement (e.g “Rinse before recycling“)

Flammable Fabrics

The Wisconsin Statutes 100.41 provides a general provision on flammable fabrics, which includes wearing apparel, textiles, or furnishing materials. It prohibits the sale of fabrics if these fail to conform with the Federal Flammable Fabrics Act (FFA).

Product Scope

The statutes cover a wide range of fabrics, including the following:

  • Wearing apparel
  • Home textiles
  • Fabrics
  • Furnishing materials
  • Tents

Requirements

The statutes provide requirements for the sale of flammable fabric products as below:

a. Flammable fabric products should conform with the FFA before being sold in Wisconsin

b. No person should sell or offer any non-compliant flammable fabric products in Wisconsin

c. In addition to the standard of flammability, manufacturers, and sellers should also comply with the labeling requirements under the FFA.

Labeling of Bedding

The Wisconsin Statutes 100.2095 set out the labeling requirement for bedding items. Also, it prohibits the sale of bedding items that fail to comply with the labeling requirements.

Product Scope

The statutes cover bedding items that are designed and manufactured for the purpose of sleeping or reclining.

Here are some examples of covered products:

  • Mattresses
  • Upholstered springs
  • Comforters
  • Pads
  • Cushions
  • Pillows

Requirements

The statutes state that bedding items sold in Wisconsin should comply with the labeling requirements, including manufacturers’ contact and material statements.

Labeling

The statutes require manufacturers or sellers to comply with the labeling requirements as below:

a. Bedding items should be labeled with the name and address of the manufacturers

b. Bedding items should be labeled with a material statement, such as “Manufactured of new material” or “Manufactured of secondhand material”

c. The label should not measure less than 3 inches by 4.5 inches in size.

Reduction of Toxics in Packaging

The Wisconsin Statutes 100.285 aims to reduce toxic substances in packaging, and it sets out limitations on heavy metals such as lead and cadmium.

Product Scope

The statutes cover a wide range of packaging, including any interior or exterior components.

Here are some examples of covered products:

  • Package cushioning
  • Package weatherproofing
  • Package coating
  • Package labeling
  • Package ink

Exceptions

The substance requirement does not apply to packaging that is made from recycled materials.

Requirements

The statutes set out the limitation for the following substances:

  • Lead
  • Cadmium
  • Mercury
  • Hexavalent chromium

The total concentration of the above heavy metals should not exceed 100 parts per million.

Product Liability

The Wisconsin Statutes 895.047 explain the liability of manufacturers and sellers for defective products. It covers topics such as time limit for claims and inadequate warning.

Product Scope

The product liability rules apply to most consumer goods. Here are some examples of covered products:

  • Jewelry products
  • Textile products
  • Electronic products
  • Kitchen products

Requirements

The statutes explain in which cases a manufacturer is liable to a claimant, including:

a. The product is defective in manufacturing, design, or inadequate warning

b. The product is unreasonably dangerous to persons or property

c. The defective condition was a cause of the claimant’s damage

A seller or distributor is not liable for defective products unless:

a. A seller or distributor is also a part of the manufacturing or design process

b. A court determines that the claimant would not be able to enforce a judgment against the manufacturer

Learn More

Regulation Website
Child’s Containers Containing Bisphenol-A Link
Furs to Be Labeled Link
Plastic Container Labeling Link
Flammable Fabrics Link
Labeling of Bedding Link
Reduction of Toxics in Packaging Link
Product Liability Link

 

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    Disclaimer: The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.

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    Sources: Our articles are written in part based on publicly available information, and our own practical experience relating to product compliance. These are some of the primary sources we use:

    • ec.europa.eu
    • echa.europa.eu
    • ecfr.gov
    • cpsc.gov
    • ftc.gov
    • fcc.gov
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