• Product Safety Standards & Regulations in West Virginia: An Overview

    Posted on Leave a comment

    West Virginia Product Safety Regulations

    Selling products in West Virginia sometimes requires you to ensure compliance with local consumer product safety regulations. In this guide,  we take a closer look at compliance requirements applicable to bedding products, electronics, hemp products, and more.

    Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in West Virginia. 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.

    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 covered electronic 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

    Lab Testing

    Manufacturers of hemp products must contact a qualified laboratory to perform suitable tests on their products, and obtain a valid certificate of analysis, before selling them in West Virginia.

    If a hemp product contains CBD (cannabidiol) or THC (tetrahydrocannabinol), the certificate of analysis should also include the following test results:

    a. The cannabinoid profile by the percentage of dry weight (including the THC and CBD content)

    b. Solvents

    c. Pesticides

    d. Microbial contaminants

    e. Heavy metals

    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 products 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:

    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
  • Product Compliance Platform

    Product Compliance Platform: Create Certificates, Label Files & Requirements Lists

    Get Your Account Now

    You can also book a free demo (video call) here


    Disclaimer: The content on this website is provided for general information only. The content includes summaries written by our team members based on publicly available information about product safety standards, labeling, documentation, testing, processes, and other product compliance related topics. However, we don’t guarantee that we cover every single relevant regulation/standard/requirement, or that the information is free from errors, or covering every single scenario and exemption. We do make mistakes from time to time. We never provide legal advice of any sort.

    Changes/Updates: Product standards and substance restrictions are subject to frequent updates and changes. In addition, new regulations, standards, and/or requirements may also become effective at any time. We don’t update our articles whenever new standards/regulations/rules are added or changed. We recommend that you consult a lab testing company or other professional to get the latest information about mandatory standards/regulations in your market, country, or state. Lab testing companies generally stay up to date on new and updated standards and regulations.

    National/State-Level Standards/Regulations: Many articles don't cover all European national and US state standards, regulations, and requirements. We recommend that you consult a testing company or other professional to confirm all relevant (and current) national/state level standards and regulations.
  • Leave a Reply

    Your email address will not be published. Required fields are marked *