Guide to the Textile Labelling and Advertising Regulations
VIII. Form and Application of Labels
Sections 7, 14, 15 and 16 Regulations
A disclosure label must be applied to a consumer textile article in such a manner that the label is legible and accessible to the prospective consumer at the time of purchase. The permanency of the label is dependant on the type of article to be labelled (Section 2 - Application). Labels may take a variety of forms, such as:
- woven or printed labels that are sewn flat or along one edge;
- printed labels applied by an adhesive or otherwise attached (eg. stickers, hang tags);
- printing the required information on a wrapper, package or container;
- imprinting the required information directly on the article (providing the information is together in one place).
In general, generic names must be stated in order of predominance by mass. However, where the article is included in Schedule III, the non-permanent disclosure label may consist of a pre-printed alphabetical list of generic names with blank spaces beside each name for the insertion of percentages. For example,
When a consumer textile article is custom-made, or a floor covering cut to a consumer's specifications, the required information may be presented on an invoice or other document accompanying the article when it is delivered rather than on a label. However, in these circumstances the consumer must have had the opportunity of examining a properly labelled sample or swatch prior to making a commitment to purchase.
Sections 5, 7, 15 Regulations
Labels on consumer textile articles must be applied as follows:
Consumer textile articles included in Schedule I of the Regulations, but not in Schedule III, require a label of such material and attached in such manner that it can be expected to withstand and remain legible throughout at least ten cleanings of the article (See Appendix C). These are commonly referred to as permanent labels. The National Standard of Canada Textile Test Methods (CAN/CGSB-4.2) are recommended for testing the durability of the labels.
When a permanent label is attached to an article so as to leave both sides easily accessible, the label may have part of the required information on one side and the remainder on the other. The information may also be placed on two different labels provided that the labels are adjoining or contiguous.
Consumer textile articles included in Schedule III of the Regulations (see Appendix D) may bear a non-permanent label such as a hang tag, wrapper, sticker, etc. or, if the dealer desires, a permanent label. The required information may be disclosed on more than one label. Where the labels used are not together in the same location, all the English fibre content information may appear on one label and all the French fibre content information on another label. The dealer identity information may appear on either of the two labels or another separate label. A bilingual English/French fibre content declaration cannot be separated with part of the bilingual information on one label and the remainder on another unless the labels are contiguous.
IX. Variations in the Requirements
1. Second-hand Articles
Section 9 Regulations
Consumer textile articles that are clearly identified by means of a label, sign, mark, etc. as "second-hand" do not require labelling. However, where a second-hand article is labelled, it must be labelled in a manner which is neither false nor misleading. (ref. Sec. 5 of the Act).
Section 21 Regulations
When a consumer textile article is sold in a wrapper, package or container and the disclosure label attached to the article is clearly visible to the prospective purchaser, no further labelling is required. However, if the article is wrapped, packaged or contained so that the disclosure label is not visible, the information required to be shown in the label must be repeated on the wrapper, package or container in the prescribed manner.
When an article sold to the consumer in a wrapper, package or container is included in Schedule III, or is enclosed in the wrapper, package or container only as a premium and the main product being sold is not a textile fibre product (e.g. a towel in a box of detergent), the wrapper, package or container serves as the disclosure label for the consumer textile article. The textile article itself does not have to be labelled.
As home-crafted consumer textile articles are usually made in very limited quantities, with each article being unique and different, it may be difficult to purchase preprinted disclosure labels in suitable quantities.
Permanent disclosure labels may be created simply and inexpensively by using blank labels purchased from a label or garment manufacturer and India Ink, indelible stamp pads or permanent ink felt pens available from stationary stores. During experiments using these methods, it was found that India Ink remained legible after ten washings or dry cleanings while the other two methods remained legible after ten washings but were illegible after ten dry cleanings.
When using any of the above-mentioned methods, test the labelled article by washing and/or dry cleaning, as appropriate, to be certain that ink from the label will withstand ten cleanings and will not stain the article.
X. Non-Required Information
1. Trade Marks and Descriptive Terms
Section 40 Regulations
Where a textile fibre must be shown by its generic name, such as in a disclosure label, the Canadian registered trade mark for that fibre, yarn or fabric or a factual descriptive term, may be shown immediately preceding or following the generic name of the fibre(s). The trade mark or descriptive term must not be larger or more prominent than the type in which the generic name is shown. For example, an appropriate label for a comforter with a "combed" cotton outer shell and a filling of "Dacron" polyester is:
100% Combed Cotton/Coton peigné
100% Dacron Polyester/Polyester Dacron
A Banlon yarn could be labelled as:
100% Banlon Nylon/Nylon Banlon
Fabric trade marks such as Viyella and Ultrasuede could be used as in the following examples:
It is important to note that the registration of a mark under the Trade Marks Act does not imply that its use will necessarily comply with the requirements of other federal statutes. The use of a registered trade mark or of a coined, trade or brand name may provide a false or erroneous impression as to the actual fibre content, origin, performance, etc. of the textile fibre product, and could therefore be considered as a false or misleading representation relating to a textile fibre product and in contravention of Section 5 of the Textile Labelling Act. Generally, labels must not use the name of another fibre of which it is an imitation or substitute, or which it resembles in a manner likely to mislead.
Manufacturers are not required under the Textile Labelling Act and Textile Labelling and Advertising Regulations to manufacture garments that conform to specific size dimensions or use specific size codes. The determination of garment dimensions and designation of size codes or "sizes" are left to the discretion of the dealer. However, in accordance with Section 5 of the Act, where a size dimension has been identified (e.g. size 36 waist dimension), it must be accurate.
Dealers wishing information and/or data regarding body dimensions for women, infants and children, as well as garment dimensions and size designations for specific articles of clothing for women, infants and children, should consult the standards published by the Canadian General Standards Board.
The provision for care information in the form of either written words or symbols (Canadian, ASTM or International) is not mandatory. However, in accordance with Section 5 of the Act, where care information is provided, the information must appear in a manner which is neither false or misleading and must accurately reflect an appropriate method of care for the article to which it applies. Written care instructions may be provided in English or French. It should be noted, however, that the Province of Quebec has additional requirements concerning the use of the French language. Information on these requirements may be obtained from l'Office québécois de la langue française.
The National Standard of Canada "Care Labelling of Textiles"
CAN/CGSB-86.1-2003 supersedes CAN/CGSB-86.1-M91.
Since care labelling of textile is a voluntary program in Canada, the Competition Bureau leaves the decision to businesses if an when they want to adopt the new standard, published in December 2003 by the Canadian General Standards Board (CGSB), which is harmonized with the North American Free Trade Agreement (NAFTA) care symbols and the symbols in the International Organization for Standardization (ISO) standard (both not yet finalized).
Copies of this standard can be purchased from the CGSBCGSB Sales Centre
Ottawa, Canada K1A 1G6
or 1-800-665-CGSB (Canada Only)
Open 8:00 am to 4:30 pm EST
Canadian General Standards Board Order Form - (PDF: 8 KB)
Also, Consumer Connection, Office of Consumer Affairs of Industry Canada, is the only Government Web site to display the new symbols found in the new standard.
Sections 22, 23 and 24 Regulations
A fibre content declaration in advertising is not mandatory. However, if any representation is made as to the fibre content, it must be done in accordance with the Act and Regulations as described in section VII, item 1 of this publication, except that percentages may be omitted and the generic names of the fibres are not required to be bilingual.
Dealers involved in the advertising of consumer textile articles should consult the Guide to the Advertising of Consumer Textile Articles for more detailed information.
Section 3 of the Textile Labelling Act prohibits a dealer from importing into Canada consumer textile articles without a disclosure label. However, Section 8 of the Regulations allows a dealer to import incompletely or improperly labelled consumer textile articles and label them in Canada, provided a Competition Bureau officer is notified at the time, or in advance of importation, of all pertinent details on the nature and quantity of the importation, the date and port of entry and the address of the premises where the relabelling will be completed. On completion of the re-labelling, the dealer must notify the officer and provide a reasonable opportunity to inspect the labelled goods prior to resale.
The Act and Regulations do not require that the name of the country of origin be identified on an imported textile product unless a representation is made to the fact that the article, fabric or fibre therein is imported. When such a representation is made, it is then required that the country of origin of that article or part be stated. For example, a Canadian shirt manufacturer making men's shirts from imported fabrics need not state that the fabrics are imported unless it is desirable to do so. If it is stated that the shirts are made from imported fabrics, then the country of origin of those fabrics must be stated. The declaration of the country of origin may be stated on the disclosure label or on a separate label in either of the official languages.
The Canada Border Services Agency (CBSA) requires country of origin marking on specific goods. Prospective importers should communicate with the CBSA:In Canada: 1-800-461-9999
Outside Canada: 204-983-3500
Web site: www.cbsa-asfc.gc.ca
Or contact one of their local offices for further information in this regard.
Some textile articles must also be covered by an Import Permit issued by the Department of Foreign Affairs and International Trade. Any questions regarding an application for an Import Permit, should be directed to the Department of Foreign Affairs and International Trade, Export and Import Controls Bureau, Special Trade Policy Division:Telephone: 613-996-3711
Web site: www.international.gc.ca
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