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.
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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.
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:
- Bed pads
- Upholstered spring beds
- Box springs
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
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.
The takeback program covers electronic devices with a screen that is greater than 4 inches measured diagonally. Such products include:
- 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.
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
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
Each covered electronic product must be labeled with the manufacturer’s brand.
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.
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
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.
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.
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.
Hemp products produced for topical absorption by humans should be labeled in accordance with the FDA warning guidelines for cosmetics.
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
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)
d. Microbial contaminants
e. Heavy metals
The E-cigarette Regulations outline rules on the distribution, purchase, and use of electronic cigarettes in West Virginia.
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
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.
The product liability rules of West Virginia apply to products circulated in the consumer market. Examples of covered products include:
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:
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.
|Regulation and Control of Bedding and Upholstery Business||Link|
|Covered Electronic Devices Manufacturer Registration and Takeback Program||Link|
|Limitation on products liability actions; innocent seller||Link|