Section § 19080

Explanation

This law states that you can't make, fix, sell, or show upholstered furniture or bedding, or any filling materials, without clearly labeling them. The only exception is for furniture that's used strictly for exercise.

A person shall not, at wholesale, retail, or otherwise, directly or indirectly, make, rebuild, repair, renovate, process, prepare, sell, offer for sale, display, or deliver any article of upholstered furniture or bedding, or any filling materials in prefabricated form or loose in bags or containers, unless the article or material is plainly and indelibly labeled. This does not include furniture used exclusively for the purpose of physical fitness and exercise.

Section § 19081

Explanation

Labels must be designed in a certain way, including their size, material, and what they say, and these details need to be approved by the designated authority, referred to as the chief.

The form and size of labels, the fabric of which they are made and the wording and statements thereon necessary to carry out the provisions of this chapter, shall be approved by the chief.

Section § 19082

Explanation

This law allows businesses to use a rubber stamp instead of a label for articles with slip seats, as long as the backing is smooth and the stamp can be read clearly and won't fade.

A rubber stamp may be used in lieu of a label, on articles with slip seats having a smooth backing on which the imprint can be legibly and indelibly stamped.

Section § 19083

Explanation

This law requires that labels on articles or materials be firmly fixed to them at the factory in a spot that's easy for people to check.

Labels shall be securely attached to the article or filling material at the factory, in a position where they can be conveniently examined.

Section § 19084

Explanation

This law says that any information required by this chapter must be printed on just one side of a label.

The information required by this chapter shall be printed on one side of the label only.

Section § 19085

Explanation

This law says that labels should not have any advertising or anything that might distract from the important information they are required to show.

Labels shall contain no advertising matter nor anything that detracts, or is likely to detract from the required statements.

Section § 19086

Explanation

This law says that no dealer or person can put anything, like a mark or sticker, on a label if it covers up important information that must be there.

No mark, tag, sticker or any other device shall be placed upon labels by any dealer or any other person in such a way as to cover the required statements.

Section § 19087

Explanation

This law makes it illegal for anyone, other than the person who bought an item for their personal use, to remove, change, or tamper with the label or markings on upholstered furniture, bedding, or filling materials. These labels are placed as required by this chapter.

It is unlawful for any person, except the purchaser for his own use, to attempt to, or to remove, deface, alter or cause to be removed, defaced or altered, the label or any mark or statement thereon, placed upon any article of upholstered furniture, bedding, or filling material under the provisions of this chapter.

Section § 19088

Explanation

You can't use descriptions for filling materials on labels that are misleading or could cause confusion.

It is unlawful to use, in the description of filling material, or in the statement on any label, any misleading term or designation or any term or designation likely to mislead.

Section § 19089

Explanation

This law allows the bureau to set standards for the materials used in making or fixing upholstered furniture and bedding. It can also create rules for labeling these items, as long as the rules fit the chapter's guidelines.

The bureau may establish grades, specifications and tolerances for the kinds and qualities of materials which are used or intended to be used in the manufacture, repair or renovation of upholstered furniture, bedding or filling materials, and may approve or adopt designations and rules which are not in conflict with any provisions of this chapter, for the labeling of articles filled with these materials.

Section § 19089.3

Explanation

In California, any bedding that has liquid inside or any part of that bedding must have a label that's approved by the chief regulator.

All bedding with liquid filling material and each component part of such bedding shall be clearly labeled in a manner approved by the chief.

Section § 19089.5

Explanation
This law states that any furniture or mattresses containing foam that isn't resistant to fire must have a label approved by the appropriate authority. From January 1, 2004, bedding with the same type of foam must also be labeled. However, if a product meets certain state or federal fire safety standards, it doesn't need a label.
Any upholstered furniture or mattress that is made from or contains nonflame retardant cellular foam shall be labeled in a manner approved by the chief. On and after January 1, 2004, all bedding that is made from or contains nonflame retardant cellular foam shall also be labeled in a manner approved by the chief. Notwithstanding the provisions of this section, no label is required for a product that complies with the regulations required by Section 19161 or with applicable federal flammability regulations.

Section § 19092

Explanation

If someone repairs or renovates used upholstered furniture or bedding and then sells it, they must attach a label that says "Secondhand Material."

The repairer or renovator of any secondhand upholstered furniture or bedding which is subsequently sold, shall affix the “Secondhand Material” label.

Section § 19093

Explanation

If someone fixes or refurbishes furniture or bedding for a person who owns it or rents it, they must attach an 'Owner’s Material' label to it before giving it back to the owner.

Any person who repairs or renovates upholstered furniture or bedding for the owner for his or her own or a tenant’s use, shall affix the “Owner’s Material” label, which shall be attached to the article before delivery to the owner.

Section § 19094

Explanation

This law requires that manufacturers of upholstered furniture sold in California clearly state on product labels whether or not the product contains added flame-retardant chemicals. This labeling is part of a flammability standard aimed at protecting human health. The California Bureau of Household Goods and Services oversees compliance, and can test products marketed as free from flame-retardants to confirm accuracy. If mislabeling is found, manufacturers can face fines that increase with repeat violations. The law allows for periodic adjustment of fines based on inflation and mandates public availability of citation information. It also encourages manufacturers to collaborate with the bureau to ensure proper labeling.

(a)CA Business & Professions Code § 19094(a) For the purposes of this section, the following definitions shall apply:
(1)CA Business & Professions Code § 19094(a)(1) “Component” means the separate constituent parts of upholstered furniture sold in California, as identified in Technical Bulletin 117-2013, specifically cover fabrics, barrier materials, resilient filling materials, and decking materials.
(2)CA Business & Professions Code § 19094(a)(2) “Covered products” means any flexible polyurethane foam or upholstered or reupholstered furniture sold in California that is required to meet the test requirements set forth in Technical Bulletin 117-2013, entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture.”
(3)CA Business & Professions Code § 19094(a)(3) “Flame-retardant chemical” means any chemical or chemical compound for which a functional use is to resist or inhibit the spread of fire. Flame-retardant chemicals include, but are not limited to, halogenated, phosphorous-based, nitrogen-based, and nanoscale flame retardants, flame-retardant chemicals listed as “designated chemicals” pursuant to Section 105440 of the Health and Safety Code, and any chemical or chemical compound for which “flame retardant” appears on the substance Safety Data Sheet (SDS) pursuant to Section 1910.1200(g) of Title 29 of the Code of Federal Regulations.
(4)CA Business & Professions Code § 19094(a)(4) “Chemical” means either of the following:
(A)CA Business & Professions Code § 19094(a)(4)(A) An organic or inorganic substance of a particular molecular identity, including any combination of those substances occurring, in whole or in part, as a result of a chemical reaction or occurring in nature, and any element, ion, or uncombined radical, and any degradate, metabolite, or reaction product of a substance with a particular molecular identity.
(B)CA Business & Professions Code § 19094(a)(4)(B) A chemical ingredient, which means a substance comprising one or more substances described in subparagraph (A).
(5)CA Business & Professions Code § 19094(a)(5) “Molecular identity” means the substance’s properties listed below:
(A)CA Business & Professions Code § 19094(a)(5)(A) Agglomeration state.
(B)CA Business & Professions Code § 19094(a)(5)(B) Bulk density.
(C)CA Business & Professions Code § 19094(a)(5)(C) Chemical composition, including surface coating.
(D)CA Business & Professions Code § 19094(a)(5)(D) Crystal structure.
(E)CA Business & Professions Code § 19094(a)(5)(E) Dispersability.
(F)CA Business & Professions Code § 19094(a)(5)(F) Molecular structure.
(G)CA Business & Professions Code § 19094(a)(5)(G) Particle density.
(H)CA Business & Professions Code § 19094(a)(5)(H) Particle size, size distribution, and surface area.
(I)CA Business & Professions Code § 19094(a)(5)(I) Physical form and shape, at room temperature and pressure.
(J)CA Business & Professions Code § 19094(a)(5)(J) Physicochemical properties.
(K)CA Business & Professions Code § 19094(a)(5)(K) Porosity.
(L)CA Business & Professions Code § 19094(a)(5)(L) Solubility in water and biologically relevant fluids.
(M)CA Business & Professions Code § 19094(a)(5)(M) Surface charge.
(N)CA Business & Professions Code § 19094(a)(5)(N) Surface reactivity.
(6)CA Business & Professions Code § 19094(a)(6) “Added flame-retardant chemicals” means flame-retardant chemicals that are present in any covered product or component thereof at levels above 1,000 parts per million.
(7)CA Business & Professions Code § 19094(a)(7) “Department” means the Department of Toxic Substances Control.
(8)CA Business & Professions Code § 19094(a)(8) “Consumer Price Index” means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.
(b)Copy CA Business & Professions Code § 19094(b)
(1)Copy CA Business & Professions Code § 19094(b)(1) A manufacturer of covered products shall indicate whether or not the product contains added flame-retardant chemicals by including the following “flame-retardant chemical statement” on the label described in Section 1374.3 of Title 4 of the California Code of Regulations for covered products:
“The upholstery materials in this product:
_____contain added flame-retardant chemicals
_____contain NO added flame-retardant chemicals
The State of California has updated the flammability standard and determined that the fire safety requirements for this product can be met without adding flame-retardant chemicals. The state has identified many flame-retardant chemicals as being known to, or strongly suspected of, adversely impacting human health or development.”
A manufacturer of covered products shall indicate the absence or presence of added flame-retardant chemicals by placing an “X” in one of the appropriate blanks.
(2)CA Business & Professions Code § 19094(2) This statement shall be included in the label described in Section 1374.3 of Title 4 of the California Code of Regulations in accordance with the bureau’s regulations for that label. The statement need not be in all capital letters, and shall follow the statement required by Section 1374.3 of Title 4 of the California Code of Regulations.
(c)Copy CA Business & Professions Code § 19094(c)
(1)Copy CA Business & Professions Code § 19094(c)(1) The bureau shall ensure compliance with the labeling requirements in this section.
(2)Copy CA Business & Professions Code § 19094(c)(2)
(A)Copy CA Business & Professions Code § 19094(c)(2)(A) The bureau shall provide the Department of Toxic Substances Control with a selection of samples from covered products marked “contain NO added flame-retardant chemicals” for testing for the presence of added flame-retardant chemicals. The samples shall be from the components identified in paragraph (1) of subdivision (a). The bureau shall select samples based on consultation with the department, taking into account a range of manufacturers and types of covered products. The bureau and the department shall consult on the tests to be conducted by the department. The department shall provide the results of any completed test to the bureau. The bureau shall reimburse the department for the cost of testing for the presence of added flame-retardant chemicals in covered products marked “contain NO added flame-retardant chemicals”.
(B)CA Business & Professions Code § 19094(c)(2)(A)(B) No later than August 1 of each fiscal year, the bureau shall assess available resources and determine the number of tests to be conducted in the corresponding fiscal year, pursuant to this subparagraph.
(3)Copy CA Business & Professions Code § 19094(c)(3)
(A)Copy CA Business & Professions Code § 19094(c)(3)(A) If the department’s testing shows that a covered product labeled as “contain NO added flame-retardant chemicals” is mislabeled because it contains added flame-retardant chemicals, the bureau may assess fines for violations against manufacturers of the covered product and component manufacturers to be held jointly and severally liable for the violation.
(B)CA Business & Professions Code § 19094(c)(3)(A)(B) A fine for a violation of this subparagraph relating to mislabeling shall be assessed in accordance with the factors described in subdivision (d) and the following schedule:
(i)CA Business & Professions Code § 19094(c)(3)(A)(B)(i) The fine for the first violation shall be not less than one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500).
(ii)CA Business & Professions Code § 19094(c)(3)(A)(B)(ii) The fine for the second violation shall be not less than two thousand five hundred dollars ($2,500) but not more than five thousand dollars ($5,000).
(iii)CA Business & Professions Code § 19094(c)(3)(A)(B)(iii) The fine for the third violation shall be not less than five thousand dollars ($5,000) but not more than seven thousand five hundred dollars ($7,500).
(iv)CA Business & Professions Code § 19094(c)(3)(A)(B)(iv) The fine for any subsequent violation shall be not less than seven thousand five hundred dollars ($7,500) but not more than ten thousand dollars ($10,000).
(C)CA Business & Professions Code § 19094(c)(3)(A)(C) The fines in paragraph (B) shall replace any other fines in this article for a violation of the testing requirements of this section. This clause does not alter or amend any other penalty otherwise imposed by this article.
(D)CA Business & Professions Code § 19094(c)(3)(A)(D) If the department’s testing shows that a covered product labeled as “contain NO added flame-retardant chemicals” is mislabeled because it contains added flame-retardant chemicals, in addition to a fine or any other request, the bureau may request that the label required by subdivision (b) for covered products that belong to the same stock keeping unit (SKU) currently produced by the manufacturer be corrected to reflect thatflame-retardant chemicals are added to the covered product.
(E)CA Business & Professions Code § 19094(c)(3)(A)(E) If the department’s testing shows that a covered product labeled as “contain NO added flame-retardant chemicals” is mislabeled because it contains added flame-retardant chemicals, in addition to a fine or any other request, the bureau may request additional testing of more products belonging to the same stock keeping unit (SKU) at the manufacturer’s expense to verify the accuracy of the label required by subdivision (b) for covered products if the manufacturer wishes to retain the “contain NO added flame-retardant chemicals” designation on the label required by subdivision (b).
(d)Copy CA Business & Professions Code § 19094(d)
(1)Copy CA Business & Professions Code § 19094(d)(1) The bureau shall make information about any citation issued pursuant to this section available to the public on its internet website.
(2)CA Business & Professions Code § 19094(d)(2) In determining the amount of the fine for violations of this section, the bureau shall consider the following factors:
(A)CA Business & Professions Code § 19094(d)(2)(A) The nature and severity of the violation.
(B)CA Business & Professions Code § 19094(d)(2)(B) The good or bad faith of the cited person.
(C)CA Business & Professions Code § 19094(d)(2)(C) The history of previous violations.
(D)CA Business & Professions Code § 19094(d)(2)(D) Evidence that the violation was willful.
(E)CA Business & Professions Code § 19094(d)(2)(E) The extent to which the cited person or entity has cooperated with the bureau.
(3)Copy CA Business & Professions Code § 19094(d)(3)
(A)Copy CA Business & Professions Code § 19094(d)(3)(A) The bureau shall adjust all minimum and maximum fines imposed by this section for inflation every five years.
(B)CA Business & Professions Code § 19094(d)(3)(A)(B) The adjustment shall be equivalent to the percentage, if any, that the Consumer Price Index at the time of adjustment exceeds the Consumer Price Index at the time this section goes into effect. Any increase determined under this paragraph shall be rounded as follows:
(i)CA Business & Professions Code § 19094(d)(3)(A)(B)(i) In multiples of ten dollars ($10) in the case of penalties less than or equal to one hundred dollars ($100).
(ii)CA Business & Professions Code § 19094(d)(3)(A)(B)(ii) In multiples of one hundred dollars ($100) in the case of penalties greater than one hundred dollars ($100) but less than or equal to one thousand dollars ($1,000).
(iii)CA Business & Professions Code § 19094(d)(3)(A)(B)(iii) In multiples of one thousand dollars ($1,000) in the case of penalties greater than one thousand dollars ($1,000).
(4)CA Business & Professions Code § 19094(d)(4) It shall be the duty of the bureau to receive complaints from consumers concerning covered products sold in California.
(e)CA Business & Professions Code § 19094(e) The bureau may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to carry out this section.