Upholstered and Stuffed Articles Act
Loi sur les articles rembourrés

REGULATION 1092

Amended to O. Reg. 229/01

GENERAL

Note: This Regulation was revoked on June 27, 2001. See: O. Reg. 229/01, s. 1.

This Regulation is made in English only.

Definitions

1.  In this Regulation,

“bedding” means any mattress, mattress type pad, boxspring, quilt, comforter, sleeping bag, mattress protector pad, pillow or quilted bedspread, that contains stuffing concealed by fabric or other flexible material or any such article that can be used for sleeping or reclining purposes, but does not include decorator cushions;

“home hobby or craft operator” means a person who manufactures less than 1,000 upholstered or stuffed articles per year in the person’s residence for sale to the public, but does not include a renovator;

“new material” means material manufactured for use as stuffing and includes new material manufactured for use other than as stuffing that is subsequently shredded, cut or reduced to a fibrous state through any process for use as stuffing;

“upholstered furniture” means any furniture that is made or sold with cushions, loose or attached, or is itself stuffed or filled in whole or in part with any stuffing concealed by fabric or other flexible material or any such article that can be used for sitting, resting or reclining purposes. R.R.O. 1990, Reg. 1092, s. 1.

Registration

2.  (1)  An application for registration as a manufacturer or as a renovator shall be in a form provided by the Ministry and shall contain the following information:

1. The name, address and telephone number of the applicant, including the name under which the applicant carries on business.

2. If the applicant is a corporation, the names of the officers of the corporation.

3. The types of articles manufactured or renovated.

(2)  An application for registration as a home hobby or craft operator shall be in a form provided by the Ministry and shall contain the following information:

1. The name, address and telephone number of the applicant, including the name under which the applicant carries on business.

2. If the applicant is a corporation, the names of the officers of the corporation.

3. The number of stuffed articles the operator proposes to manufacture during the initial one-year registration period.

4. The types of articles manufactured. O. Reg. 723/92, s. 1.

(3)  Every registration lapses on the anniversary of the date on which it was granted unless an application for a renewal of registration, together with the prescribed fee, is filed with the Director before that date. O. Reg. 162/97, s. 1.

3.  (1)  A home hobby or craft operator shall file a statement with the Director at the time of application under subsection 2 (1) for initial registration indicating the number of stuffed articles the applicant proposes to manufacture during the initial registration period.

(2)  Every home hobby or craft operator shall file with the Director at the time of application for renewal of registration under subsection 2 (3) a statement that indicates the number of stuffed articles manufactured during the past registration period. R.R.O. 1990, Reg. 1092, s. 3.

4.  The fees prescribed in Schedule 2 are payable under the Act and this Regulation and are non-refundable. O. Reg. 352/93, s. 1.

5.  A person registered as a renovator may during the course of any annual registration period manufacture not more than twenty-five new articles. R.R.O. 1990, Reg. 1092, s. 5.

6.  REVOKED: O. Reg. 352/93, s. 2.

7.  (1)  Subject to subsection (2), every label shall be made of muslin, linen or a material equivalent in strength to muslin or linen and shall be,

(a) in Form 1 and coloured white, where new material is used exclusively;

(b) in Form 3 and coloured white, where an article is renovated; or

(c) in Form 4 and coloured yellow, where an article is second hand. R.R.O. 1990, Reg. 1092, s. 7 (1).

(1.1)  A label in Form 1 shall be at least 6.4 centimetres in width by at least 9 centimetres in length.

(1.2)  A label in Form 2 shall be at least 7 centimetres in width by at least 2.5 centimetres in length.

(1.3)  A label in Form 2A shall be at least 5.5 centimetres in width by at least 1.3 centimetres in length. O. Reg. 82/97, s. 1 (1).

(2)  Despite subsection (1), a label affixed to an upholstered or stuffed article, other than an article of bedding or upholstered furniture, may be in Form 2 or Form 2A, and coloured white, where new material is used exclusively. R.R.O. 1990, Reg. 1092, s. 7 (2); O. Reg. 82/97, s. 1 (2).

(3)  Every off-sale label affixed under section 19 of the Act shall be in Form 6.

(4)  Despite subsections (1) and (2), a label required to be affixed under subsection 13 (3) of the Act shall be at least 52 square centimetres in size and in Form 5 and may be printed or typed on cardboard.

(5)  Where the seat of a chair is fabricated as a unit separate from the chair and the seat has a hard surface backing, a label may be affixed on the backing by means of a rubber stamp provided that the label is legible and indelible. R.R.O. 1990, Reg. 1092, s. 7 (3-5).

(6)  Subject to subsections (7) and (10), where a label in Form 1, Form 2 or Form 2A is affixed to an upholstered or stuffed article, the label shall indicate under the heading “Content”, the main stuffing materials of the upholstered or stuffed article as set out in column II of the Schedule up to the three main stuffing materials used as measured by weight and the size of the label shall be extended as necessary. R.R.O. 1990, Reg. 1092, s. 7 (6); O. Reg. 723/92, s. 4 (2); O. Reg. 82/97, s. 1 (3).

(7)  Subsection (6) does not apply where the requirements of that subsection are satisfied by a label affixed under the Textile Labelling Act (Canada). R.R.O. 1990, Reg. 1092, s. 7 (7).

(8)  Except for,

(a) the registration number;

(b) where the manufacturer or renovator so desires, the firm name and address of the manufacturer or renovator;

(c) information required or permitted by the laws of the Parliament of Canada, where the manufacturer desires to have such information printed on an extended version of the labels required by this Regulation; or

(d) the indication of the main stuffing materials,

no printing other than that contained in a prescribed form shall appear on a label. R.R.O. 1990, Reg. 1092, s. 7 (8); O. Reg. 82/97, s. 1 (4).

(8.1)  Revoked: O. Reg. 82/97, s. 1 (5).

(9)  Labels affixed to an upholstered or stuffed article manufactured in a province designated in section 8, in compliance with the law of that province, are adopted for use in Ontario.

(10)  Where a province designated in section 8 has the same requirements as in subsection (6), labels affixed to an upholstered or stuffed article not manufactured in that province, in compliance with the laws of that province, are adopted for use in Ontario. R.R.O. 1990, Reg. 1092, s. 7 (9, 10).

8.  (1)  The following provinces are designated for the purposes of section 16 of the Act:

1. The Province of Alberta.

2. The Province of Manitoba.

3. The Province of Quebec.

(2)  Labels as approved by a designated Province may be affixed to upholstered or stuffed articles manufactured in that Province in lieu of the labels prescribed by this Regulation. R.R.O. 1990, Reg. 1092, s. 8.

Processing of Down and Other Feather Products

9.  (1)  Down and other feather products used as stuffing shall be processed by being,

(a) washed with a detergent for at least thirty minutes in water of a temperature of at least 52_ Celsius;

(b) rinsed thoroughly for at least twenty minutes in warm water;

(c) drained and treated by steam at a temperature of at least 110_ Celsius for at least 30 minutes and at a pressure of 104 kilopascals; and

(d) thoroughly dried for a period of twenty minutes at a temperature of at least 93_ Celsius. R.R.O. 1990, Reg. 1092, s. 9; O. Reg. 82/97, s. 3 (1).

(2)  Down and other feather products used as stuffing shall be processed to meet or exceed the following levels of plumage cleanliness as determined using the CGSB-139.3 M90 test:

1. 10 for down or uncrushed feather products.

2. 15 for crushed feather products. O. Reg. 82/97, s. 3 (2).

Sterilizing of Upholstered and Stuffed Articles

10.  (1)  Before being sold or offered for sale, an upholstered or stuffed article referred to in clause 18 (1) (a) of the Act shall be sterilized by being exposed to formaldehyde gas for not less than ten hours in a gas-tight sterilization chamber equipped with,

(a) at least one air inlet having a gas-tight closure gate or valve; and

(b) at least one air outlet having a gas-tight closure gate or valve.

(2)  The air outlet of the sterilization chamber referred to in subsection (1) shall be equipped with a duct of a size sufficient to carry the exhaust gases to the outside atmosphere at a point removed from any door, window or opening.

(3)  The formaldehyde gas referred to in subsection (1) shall be generated from 570 millilitres of formaldehyde solution for each twenty-eight cubic metres of space in the sterilization chamber.

(4)  Where more than one upholstered or stuffed article is placed in a sterilization chamber referred to in subsection (1), the articles shall be so spaced from each other that gas may circulate freely among the articles.

(5)  Where shelves are used in a sterilization chamber referred to in subsection (1), the shelves shall be of lattice construction. R.R.O. 1990, Reg. 1092, s. 10.

Disinfesting of Upholstered and Stuffed Articles

11.  Before being sold or offered for sale, an upholstered or stuffed article referred to in clause 18 (1) (c) of the Act shall be disinfested by an exterminator licensed under the Pesticides Act, in an enclosed space or vault and in compliance with the requirements of that Act and the regulations made thereunder. R.R.O. 1990, Reg. 1092, s. 11.

SCHEDULE 1

COLUMN I

COLUMN II

COLUMN III

Class

Main Stuffing

Material

Description

Cotton

1.

White Cotton Felt

A mixture containing predominantly cotton linters, staple cotton and cotton

by-products that may include white fibres other than cotton.

Hair

2.

Hair

A stuffing made from the filamentous epidermal outgrowth of mammals.

Down and Feathers

3.

Down

Stuffing made from the undercoating of water fowl consisting of light, fluffy filaments growing from one quill point but without quill shafts or stuffing that is composed of the following products:

Down and plumules, at least 75%*

Down fibre 5%

maximum

Small, fine fluffy feathers 15%

maximum

Feather fibre and residue 5%

maximum

*Percentages are by weight of products.

 

4.

Down and Feathers

A mixture of down and feathers containing not less than 51% by weight of down.

 

5.

Feathers and Down

A mixture of feathers and down containing not less than 20% by weight of down.

 

6.

Feathers

Stuffing made from the plumage, other than down, of any kind of land or water fowl.

Cellular Products

7.

(Organic Base)
Foam (see note 1)

Stuffing made from a polymerized material consisting of a mass of thin walled cells produced chemically or physically.

 

8.

Chipped Foam

A stuffing material made of foam that has been subjected to a shredding process.

 

9.

Bonded Foam

A stuffing material made of foam that has been shredded, cut or broken into pieces and cemented together.

 

10.

(Organic Base)
Molded Foam
(see note 1)

A stuffing material made from foam that has been made in a mold in the shape in which it is intended to be used.

Cellulose Fibre

11.

By Generic Name
(see note 2)

A fibre manufactured from a generated cellulosic substance.

Polymer Fibre

12.

By Generic Name
(see note 2)

A manufactured fibre where the fibre forming the substance is a long chain synthetic polymer.

Glass Fibre

13.

13. Glass Fibre

A stuffing made from manufactured fibres in which the substance from which the fibres are formed is glass.

Natural and

Miscellaneous Fibres

14.

Coconut Fibres

 
 

15.

Esparto Fibres

 
 

16.

Excelsior

 
 

17.

Flax Fibres

 
 

18.

Jute Fibres

 
 

19.

Kapok

 
 

20.

Sawdust

 
 

21.

Sisal Fibres

 

New reworked material

22.

Reclaimed Fibres

New material that has been made into thread, yarn or fabric and that is subsequently shredded, cut or reduced to a fibrous state.

 

23.

Reclaimed (material by name)

New material manufactured for use other than as stuffing that is subsequently reprocessed for use as stuffing.

NOTES: 1. Where foam or molded foam is used as a stuffing material, the name of the organic base from which it is made shall precede the term “foam” or “molded foam”, as the case may be.

2. Every cellulose fibre and every polymer fibre shall be set out by the generic name for the fibre.

R.R.O. 1990, Reg. 1092, Sched.

SCHEDULE 2

FEES

ITEM

DESCRIPTION

FEES

1.

Registration as a manufacturer or renewal of

the registration

$400.00

2.

Registration as a home hobby or craft operator or renewal of the registration

20.00

3.

Registration as a renovator or renewal of the registration

85.00

O. Reg. 352/93, s. 3; O. Reg. 445/96, s. 1.

FORM 1

FORMULE 1

Upholstered and Stuffed Articles Act

Loi sur les articles rembourrés


O. Reg. 82/97, s. 4.

FORM 2

FORMULE 2

Upholstered and Stuffed Articles Act

Loi sur les articles rembourrés


O. Reg. 82/97, s. 4.

FORM 2A

FORMULE 2A

Upholstered and Stuffed Articles Act

Loi sur les articles rembourrés


O. Reg. 82/97, s. 4.

FORM 3

FORMULE 3

Upholstered and Stuffed Articles Act

Loi sur les articles rembourrés



R.R.O. 1990, Reg. 1092, Form 3.

FORM 4

FORMULE 4

Upholstered and Stuffed Articles Act

Loi sur les articles rembourrés



R.R.O. 1990, Reg. 1092, Form 4.

FORM 5

FORMULE 5

Upholstered and Stuffed Articles Act

Loi sur les articles rembourrés



R.R.O. 1990, Reg. 1092, Form 5.

FORM 6

FORMULE 6

Upholstered and Stuffed Articles Act

Loi sur les articles rembourrés



 R.R.O. 1990, Reg. 1092, Form 6.

FORM 7/FORMULE 7Revoked: O. REG. 723/92, S. 7.

FORM 8/FORMULE 8Revoked: O.  REG. 723/92, S. 8.

FORM 9/FORMULE 9Revoked: O.  REG. 162/97, S. 2.

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