Up For Consideration
The Subcommittee for the ASTM crib mattresses met recently to consider changes to the voluntary standard. They are considering adding requirements for mattress thickness and stitching. They will be moving forward with changes determining placement of the required warning label. The Subcommittee is also considering requirements for non-full size crib mattresses. These changes will have to be voted on, and if approved, may be finalized next year.
Under New Forced Labor Rules
Some imports, including fiber, are being detained by US Customs due to recent changes to US law. These products are allegedly manufactured by children, or forced labor. Products made by children or prisoners may not be imported into the U.S. Goods that are intended to meet the United States demand for particular products were exempted from these rules until recently. Trade legislation signed into law in January eliminates that exemption. According to published news reports, Customs has already begun to detain imports of several products (including viscose rayon) from at least one manufacturer in China suspected of using prison or child labor.
The President of IABFLO is currently pending. The Vice President is Richard Selegue, from Ohio, The Secretary is Christina Slaybaugh, from Pennsylvania, and the Treasurer is Kay Harris, from North Carolina.
This yearâs IABFLO conference, held at the Wyndham Philadelphia in historic downtown from April 19-22, was a great success. A shout out to President Michelle Jack of Utah, Richard Selegue of Ohio, and Kay Harris of North Carolina for all their hard work in organizing this conference.
We were happy to see that Pennsylvania has rejoined IABFLO and that the City of Detroit sent their bedding program administrator, Lisa Clark Jones.
This year Ikea was kind enough to give us a tour of their DC unit in New Jersey; an impressive example of warehouse management and technology on a massive scale.
This was followed by a fabulous industry dinner, courtesy of DuPont and Print Craft at Pietroâs Italian Restaurant and was greatly appreciated by all.
We spoke with a number of conference attendees, including Speakers Kathy Manderino, Secretary of the Pennsylvania Department of Labor & Industry, Joe Mohorivic of ISPA, Dr. Pratik Ichhaporia of Intertek, Dr Heather Stapleton of Duke University, Joanne Mattiace of the Law Offices of Joanne Mattiace, Wilf Lieber of IDFL, Ryan Trainer of ISPA and Christina Slaybaugh of Pennsylvania. Copies of their presentations will soon be available on the IABFLO website for members.
During the round-table we heard from some State Regulators of upcoming changes. These included the following:
California: expect to see the license fees go up, possibly as soon as October of this year. The proposed fees will be as follows:
Bureauâs current and proposed fee for each license type.
| Section 1107(a) Subsections and License Type   | Current Fee   | Proposed Fee |
| Importer’s License | $650 | $750 |
| Furniture and Bedding Manufacturerâs License | $650 | $750 |
| Wholesale Furniture and Bedding Dealer’s License | $540 | $625 |
| Supply Dealer’s License | $540 | $625 |
| Custom Upholsterer’s License | $360 | $420 |
| Sanitizer’s License | $360 | $420 |
| Retail Furniture Dealer’s License | $120 | $140 |
| Retail Bedding Dealer’s License | $120 | $140 |
| Retail Furniture and Bedding Dealer’s License | $240 | $280 |
Additionally in 2017 they will develop a rule making packet to update the law label and the terminology in their classification of filling materials. Prior to the formal rule making proceeding, California officials have indicated a willingness to receive and consider written comments regarding possible future action.
If you wish to receive updates on this matter and other Bureau activities please subscribe to their LISTSERV.
Lastly California mentioned that now that TB117-113 SB1019 has been instituted for a period of time you can expect to see more inspections looking specifically for compliance with this flammability regulation.
Connecticut: is now inspecting secondhand dealers and they are starting to issue major financial fines against dealers for not sanitizing properly. They also warned that if these corrections are not addressed then the company who does not comply stands to lose their Secondhand Dealers License and will be unable to operate their store without one.
Detroit MI: The bedding program coordinator, Lisa Clark Jones joined IABFLO this year. Detroit is planning on ramping up their program so you can expect to see change including more enforcement in the year to come.
North Carolina: Kay Harris spoke about the licensing backlog, dealing with employee absence, and how they have been working on getting these licenses out.
Ohio: Richard Selegue and Derrick Hubner informed us that Ohio has bought new pieces of equipment, including a new Thermo Scientific Nicolet FT-IR and also a new compound microscope. This will be a significant assistance in being more efficient and hopefully move samples through more effectively.
Pennsylvania. Spoke of how AP has rejoined IABFLO and how they will review their regulation in the coming months in terms of requirements for variances.
Utah: UT State legislature has approved a Sterilization Permit requirement for clothing and bedding. Currently this is in the documentation process for rules/guidelines and may be effective in 2017.
02/17/ 2016 Maryland has introduced legislation that would require a mattress recycling program be established by manufacturers. This is different from CA, CT and RI programs because it requires the manufacturers to charge a fee on any mattresses sold to retailers and for the retailers to then charge the fee to consumers. The fee would not be required to be disclosed to consumers. ISPA is opposing this legislation due to the inconsistency with other states. Visit sleepproducts.org for more information.
California’s mattress recycling program, Bye Bye Mattress, launched December 30th, 2015. The program, required by a 2013 law, provides mattress and  box spring recycling free of charge in CA. This program also provides designated collection sites and recycling facilities, where CA residents can drop off used mattresses for free. The funding for this program is provided by an $11 recycling fee that is collected by mattress sellers on each new mattress and/or box spring that is sold in the state, and then remitted to the MRC each month.
All mattress manufacturers, importers, distributors, retailers and others selling mattresses in CA must register with the Mattress Recycling Council, or under  law, you will not be allowed to sell mattresses in CA. To register for free, simply click here.
The Rhode Island Mattress Recycling Program launches May 1, 2016. Sellers of mattresses must collect a $10 per unit fee on every mattress and box spring sold for use in RI. Mattress producers, manufacturers, importers, distributors, retailers and others selling mattresses in RI must register at mrcrepporting.org. Registration is free and easy. This secure portal allows mattress sellers to submit monthly sales reports and remit recycling fees. For more program developments and information visit mattressrecyclingcouncil.org, where you can sign up to receive notices.
With ISPA’s support, the San Antonio City Council unanimously passed an ordinance  to regulate the sale of used and renovated mattresses. The ordinance requires sellers of used or renovated mattresses to register with the city, disclose that their products are used and sanitize them prior to sale. ISPA supported the Council’s efforts to enact the ordinance, particularly in light of the Texas Legislature’s decision to repeal the state’s bedding law earlier this year.
New Jersey passed legislation which adds new requirements for used mattresses to the stateâs bedding law. This requires used mattresses that are leased to be encased in a bag and that a yellow label be attached to any used mattresses. Previously, label color was not specified in the law. The legislation is now awaiting signature by Governor Chris Christie.
We will watch to see when this bill is signed into law and the date it is to be effective by.
Effective September 1st, 2015 the bedding laws for Texas are formally rescinded. This means that Texas officials will no longer, license, inspect or regulate mattresses or bedding products for new or secondhand items. While this change is effective September 1st, we have been notified by Texas bedding program officials that effective immediately, no new URNs will be issued by the state AND other state-issued URNs no longer need to be submitted to them for recognition.
What does this mean? If your company has any plants with URN with a prefix of “TX,” then URN paperwork needs to be filed immediately with another state to secure a new URN. If your company has a URN with another state prefix, it is unaffected by the Texas rescission of its bedding regulations except that it need not seek recognition of that URN with TX. This means that companies will enjoy a substantial savings with renewal fees.
One last note: randomly conducted 1633 flammability testing by Texas official is now also a thing of the past.
If you need help in obtaining a new registration number contact Legal Label at 207 894-3300.