North Carolina Product Regulation Clarification & Expected Account Changes

There has been a personnel change in the North Carolina licensing department, which typically leads to change in regulatory interpretation and enforcement. Here’s what to expect if you sell stuffed articles in the state.

A Quick Note On Personnel Changes

Staff changes in regulatory agencies are very common. Here at GRS we’ve seen them many times throughout the years, and we know the big changes that can come with staff changes at the state level.

Ultimately, the state will decide what is regulated and how it is regulated. But when new individuals take on roles in the licensing department or as field inspectors, they bring with them new interpretations and enforcement of the state’s code.

GRS stays in close contact with state departments to keep our customers up to date with any changes in how their products may be regulated.

Definition of Type of Products Regulated from NC’s Code

Per North Carolina’s code: Bedding means any mattress, upholstered spring, sleeping bag, pad, comforter, cushion, pillow, decorative pillow, and any other padded or stuffed item designed to be or commonly used for reclining or sleeping.

A Recent Change In Enforcement

Historically, North Carolina has only enforced regulations for products that were truly bedding, meaning that they were marketed as a bedding product for sleeping.

However, this year we have started seeing the state issue violations for products that are not strictly bedding, but can be categorized under the “pads, cushions, or any other padded or stuffed item designed to be or commonly used for reclining or sleeping” part of the definition.

Product Clarification: Covered vs. Uncovered

Traditionally, bedding products are only regulated if they are filled and if they are inside of a covering. We reached out to North Carolina to further clarify their enforced products, and they informed us that their definition of bedding does not require a covering or filling.

This means that any pad, cushion, pillow, pad, or stuffed item used for reclining or sleeping requires a law label in the state of North Carolina — regardless of if it has a cover or not.

Covered Items: any item that is sold with an outer covering surrounding an inner filling. These products have always required a law label.
Examples: mattresses and pillows. 

Uncovered Items: any item without covering. Typically, this would be foam or stuffing by itself.
Examples: yoga pads, camping pads, and mattress toppers

The Immediate Path Forward

California is currently the only other state that regulates pads and cushions that are not inside of a covering. With North Carolina following suit, GRS has begun to poll other states to clarify their position on uncovered vs. covered pads.

Once we complete this poll, we will audit customer accounts and update our system to include products that fit under this broadened interpretation.

These changes may affect your compliance status in the GRS system. Keep your eyes out for an email from our team in the coming weeks with next steps.

Stay Compliant in North Carolina

If your product does not have a covering, North Carolina will accept an adhesive law label as long as the label does not ruin the product. The label should be weather-resistant to ensure the printed information makes it to the end consumer.

If you need help with your adhesive label to meet North Carolina’s requirement, our sister company American Law Label is here to help.

Not sure if your product falls under North Carolina’s new interpretation? The GRS Labeling Team has your back. Send us a picture of the product, and we’ll confirm if you may need registration in North Carolina.