(a) The Act and these sections shall apply to all persons, partnerships, corporations, and associations engaged in the business of manufacturing, renovating, wholesaling, distributing, importing, processing, germicidally treating, and selling items of bedding or processed filling materials. These regulations do not apply to persons who make, renovate, or germicidally treat bedding for their own use.
(b) These regulations shall apply to each separate manufacturing plant facility or business location regardless of name or ownership.
(c) Each item of bedding and processed filling material shall be labeled in conformity with the requirements of the Act and these regulations. This requirement does not apply to a customupholstery business that does not repair or renovate bedding for resale.
(d) No person shall remove the label or position, arrange or display an article of bedding in such a manner as to obstruct the view of the label from the purchaser and/or department representatives.
(e) To allow for unintentional variations, a tolerance or variation not in excess of 10% by weight from the amount stated on the label shall be allowed. A tolerance not to exceed 20% shall be allowed for feather and down except when the species is stated, in which case the 10% tolerance applies.
(f) The terms "all," "pure," "100%," or terms of similar import are permitted only if the material is as stated. No tolerance is allowed where such terms are used.
(g) If an article of bedding contains more than one kind of material, the percentage, by weight, of each material shall be clearly stated on the label in descending order. Wood frames, metal parts, and springs shall be excluded when calculating percentages. Burlap, muslin, webbing, and tape, when less than 10% of the filling material, need not be stated on the label.
(h) The presence of a metal spring unit in an article of bedding must be stated as the last item in the statement of content section. Stating the number of coils is not required, but if stated it must be true and correct.
(i) Any filling material containing more than 5.0% oil shall be designated on the label as oily.
(j) The presence of silicates in excess of 5.0% in any filling material shall be designated on the label as clay and the actual percentage thereof shall be stated.
(k) Identification and storage of secondhand bedding articles and filling materials shall be as follows:
  (1) Persons engaged in the manufacture, distribution, wholesaling, importation renovation, processing, and/or germicidal treatment shall keep new and secondhand articles and/or materials segregated.
  (2) Persons engaged in the business of selling or storing articles of bedding shall keep new and secondhand articles segregated prior to germicidal treatment of the secondhand articles. Secondhand articles which have not been germicidally treated and properly labeled, shall not be displayed on the sales floor.
  (3) When new and secondhand filling materials or new and untreated secondhand articles of bedding have been mixed, the entire mixture shall be regarded as secondhand and shall be germicidally treated and properly labeled prior to sale.
(l) Mattresses and mattress pads manufactured, renovated or delivered into or within this state for purposes of sale in this state shall meet the federal standard for flammability of mattresses set forth in 16 Code of Federal Regulations, Part 1632.

Source Note: The provisions of this §205.3 adopted to be effective October 16, 1986, 11 TexReg 4156; amended to be effective October 3, 1999, 24 TexReg 8181