Connecticut Seal

Substitute Senate Bill No. 138

Public Act No. 04-22

AN ACT CONCERNING THE MANUFACTURE OF BEDDING.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 21a-231 of the general statutes, as amended by section 146 of public act 03-6 of the June 30 special session, is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

When used in sections 21a-231 to 21a-236, inclusive, as amended:

(1) "Bedding" means any mattress, pillow, cushion, quilt, bed pad, comforter, sleeping bag, upholstered spring bed, box spring, davenport, bedspring metal couch, metal bed, metal cradle, hammock pillow, upholstered furniture or other substantially similar article or part thereof used or intended to be used for sleeping, resting or reclining.

(2) "Commissioner" means the Commissioner of Agriculture and Consumer Protection or [his] such commissioner's designee.

(3) "Department" means the Department of Agriculture and Consumer Protection.

(4) "Fee", "permit fee" and "license fee" mean the respective fees paid at the time of application for the issuance or renewal of any permit or license.

(5) "Filling material" means any natural or synthetic fibers or filaments, down, feathers or other soft material which may be used in the manufacture of bedding.

(6) "Importer" means any person who imports bedding from outside the United States.

[(6)] (7) "Manufacture", "make", or "made" refer to the assembly, construction or the importation of bedding or filling material for sale.

[(7)] (8) "Manufacturer" means any person who makes or prepares for sale or imports bedding, in whole or in part, that contains filling material.

[(8)] (9) "New" means any filling material or bedding which has not been previously used for any purpose. [; except that bedding or filling material returned by the consumer for exchange, alteration or correction within thirty days from the date it is delivered to the consumer shall be deemed to be new. ]

[(9)] (10) "Person" means an individual, partnership, corporation, limited liability company, association, receiver or agent.

[(10)] (11) "Renovate" means addition of new filling material to bedding.

[(11)] (12) "Renovator" means any person who adds new filling material to bedding for a fee.

[(12)] (13) "Sale", "sell", or "sold" [refers to] means offering or exposing for sale or exchange or lease or holding in possession with like intent.

(14) "Sanitized" or "method of sanitation" means the direct application of chemicals to kill pathogenic agents.

[(13)] (15) "Sterilized" or "method of sterilization" refers to the mitigation of any infective and deleterious substances including germs, fungi and insects from bedding or filling material by a process approved by the commissioner.

[(14)] (16) "Secondhand" means any filling material or bedding subject to prior use. [except as provided in subdivision (8) of this section, or which is returned by a consumer for exchange, alteration or correction more than thirty days after the date of delivery to the consumer. ]

[(15)] (17) "Secondhand dealer" means any person who sells any secondhand bedding.

[(16)] (18) "Supply dealer" means any person who manufactures, processes, packages, repackages or otherwise prepares for sale, any filling or material.

[(17)] (19) "Upholstered furniture" means any furniture that contains filling material and is used or intended to be used for sitting, resting or reclining.

Sec. 2. Section 21a-232 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) No person shall sell as new any bedding or filling material unless it is made from all new material and is tagged as provided in this chapter.

(b) No person shall sell, representing it to be new, any secondhand bedding or filling material.

(c) No person shall sell any secondhand bedding or filling material or use any secondhand filling material in the manufacture of bedding unless it is tagged as provided in this chapter.

(d) No person shall sell any bedding or filling material which has been used by or about someone having an infectious or contagious disease unless such bedding or filling material has been sterilized and is tagged as provided herein.

(e) No person shall use any filling material to make an article of bedding that comes from animal or fowl; contains any bugs, vermin, insects or filth; or contains burlap or other material that has been used for baling; or is secondhand, unless such filling material has been sterilized or sanitized by a process approved by the commissioner.

(f) No person shall sell any bedding or filling material unless there appears on its tag the dealer's license number and, if sterilized or sanitized, the permit number assigned by the commissioner.

(g) No person shall sell any secondhand bedding or filling material unless (1) it has been sterilized or sanitized and has a tag bearing the secondhand dealer's license number and the permit number of the person performing the sterilization or sanitation, or (2) in the case of secondhand bedding or filling material manufactured at least twenty-five but no more than fifty years prior to the date on which such secondhand bedding or filling material is offered for sale, the secondhand dealer notifies the consumer, in writing, that such secondhand bedding or filling material has not been sterilized or sanitized.

(h) No person shall renovate any bedding unless it has been sterilized and bears a tag showing the license number of the renovator and the permit number of the person sterilizing such bedding.

(i) No person shall place or cause to be placed upon any tag the license number or permit number of a person whose license or permit has expired, been suspended or been revoked by the commissioner.

(j) No person shall affix or cause to be affixed to bedding or filling material any tag bearing the license number or permit number of a person whose license or permit has expired, been suspended or been revoked by the commissioner.

(k) No person shall sell any bedding or filling material which bears a tag showing the license number or permit number of a person whose license or permit has expired, been suspended or been revoked by the commissioner.

(l) No person other than a consumer shall remove, deface or alter any tag attached to bedding or filling material.

(m) No manufacturer, supply dealer, renovator, secondhand dealer or vendor shall deliver any tag required by this chapter unless it is affixed to an article of bedding or filling material provided that the commissioner may permit the delivery of unattached tags.

(n) No person shall possess, make, use or sell any counterfeit license or permit. Each counterfeit license or permit which is made, used or sold shall constitute a separate violation.

(o) Nothing in this chapter shall apply to automotive upholstery, private sales from the home of the owner direct to a consumer, bedding offered for sale at public auction in the home of the owner, and bedding manufactured at least fifty years prior to the date on which the bedding is offered for sale.

Sec. 3. Section 21a-234 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) No person shall act as a manufacturer, supply dealer, importer, renovator or secondhand dealer without first completing an application and obtaining a numbered license from the commissioner. Based on the information furnished in the application, the commissioner shall determine and issue the appropriate license. The license shall be conspicuously posted in the establishment of the person to whom the license is issued. A license shall be valid for one year.

(b) Any method of sterilization or sanitation used in connection with this chapter shall require the prior approval of the commissioner. Each person who wishes to sterilize or sanitize bedding or filling material shall complete an application and obtain a numbered permit from the commissioner. The permit must be conspicuously posted in the establishment of the person to whom the permit is issued. Each permit shall cost twenty-five dollars and shall be valid for one year.

(c) Manufacturers shall pay, prior to the issuance or reissuance of a manufacturers' license, a fee of fifty dollars. The licensee may then operate as a manufacturer, supply dealer, renovator or secondhand dealer. Supply dealers shall pay, prior to the issuance or reissuance of a supply dealers' license, a fee of fifty dollars. The licensee may then operate as a supply dealer, renovator or secondhand dealer. Renovators shall pay, prior to the issuance or reissuance of a renovators' license, a fee of twenty-five dollars. The licensee may then operate as a renovator and secondhand dealer. Secondhand dealers shall pay, prior to the issuance or reissuance of a secondhand dealers' license, a fee of twenty-five dollars. The licensee may then operate as a secondhand dealer. Importers shall pay, prior to the issuance or reissuance of an importer's license, a fee of one hundred dollars.

(d) A person shall be entitled to a refund of a license or permit fee only in the case of error on the part of the department.

Sec. 4. Subsection (a) of section 21a-236 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) Each place where bedding or filling material is made, renovated, sterilized, sanitized or sold shall be subject to inspection by the commissioner who may examine the contents of bedding and filling material and order off sale and hold for evidence any bedding or filling material which the commissioner has reason to believe was made or is being sold in violation of this chapter. No bedding or filling material placed off sale by the commissioner shall be sold, altered, interfered with or moved, in whole or in part, until the bedding or filling material is released by the commissioner.

Approved April 28, 2004