Planning to sell your products in Utah? Certain product types must comply with local product safety standards and regulations – covering flammability, lab testing, and other aspects. Keep reading to learn more about product compliance requirements applicable to furniture, electronic cigarettes, beddings, and other products sold in Utah.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Utah. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
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.
The Fire Code of Utah sets up flammability standards for products such as:
- Interior finish
- Interior trim
- Decorative materials in buildings
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:
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.
Manufacturers making interior finishes, furniture, furnishings, or decorative materials for buildings must make sure that their products comply with the flammability requirements set out in the Fire Code of Utah. To assess product compliance, manufacturers should contact a laboratory to conduct relevant flammability tests on their products.
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.
The requirements of this act apply to bedding, upholstered furniture, quilted clothing, and filling materials such as the following:
- Hammock pads
- Box springs
- Sleeping bags
- Studio couches
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.
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.
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.
Manufacturers of upholstered furniture should confirm the filling composition of their products, by conducting furniture content tests if necessary. Third-party labs that are qualified to perform such tests include Intertek, SGS, and QIMA.
The e-cigarette Regulations set up labeling, sales, and purchase requirements in the State of Utah.
The Utah e-cigarette Regulations apply to electronic cigarettes such as e-cigars and e-pipes.
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.
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.
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.
Sellers of electronic cigarettes in Utah must make sure that their products comply with the Utah e-Cigarette Regulations by consulting with a lab agency to conduct the necessary tests, such as the testing standards of the Poison Prevention Packaging Act outlined in CFR Title 16, Section 1700.15 and 1700.20.
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.
The principle of product liability in Utah applies to most consumer products that are put into commerce, such as for example:
- Electronic devices
- Electronic cigarettes
- Laser devices
- Bluetooth speakers
- Baby’s pacifiers
- Baby’s carriers
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)
Manufacturers are responsible to label their products properly with adequate warning information or instructions for consumers.
Manufacturers are responsible to produce products that are safe for the users. Therefore, they should consult with a reputable lab agency regarding design, manufacturing safety, and necessary testing before making and selling their products to Utah.
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