Sec. 21a-233. (Formerly Sec. 19-421). Tags. (a) Every article of bedding or filling
material offered for sale shall have attached to it a tag which states: The name, as approved by the commissioner, of the filling material; whether the filling material is new
or secondhand; the license number of the manufacturer, supply dealer, renovator or
secondhand dealer; the name and address of the manufacturer, supply dealer, secondhand dealer, renovator or vendor; when applicable, the words "contents sterilized" and
the permit number of the sterilizer; and the per cent by weight of each filling material.
Secondhand bedding which has not been renovated may also bear on the tag the statement
"as is - contents unknown". Nothing other than the disclosures and statements required
or permitted by this chapter shall appear on the tag.
(b) All tags attached to new bedding and filling material shall be legibly marked
with the date of delivery to the consumer.
(c) Renovated bedding shall bear a tag which, in addition to the other statements
required by this chapter, states: "Renovated for" followed by the name and address of
the person for whom the bedding is renovated, the name and address of the renovator,
the date sterilized, that the bedding contains the same filling material as when it was
received, and the name and per cent by weight of each filling material added during
renovation.
(d) Each container of filling material shall bear a tag which states: The name, license
number and address of the manufacturer, supply dealer or vendor; the name of the filling
material and whether the filling material is new or secondhand; and, if sterilized, the
words "contents sterilized" and the permit number of the sterilizer. New bedding or new
filling material shall not be transported with secondhand bedding or secondhand filling
material that has not been sterilized.
(e) No misleading term or designation shall be used on any tag or literature accompanying any bedding or filling material. A variance in excess of ten per cent by weight of
each filling material stated on the tag shall be deemed misleading. No variance shall be
allowed for filling material which is described as "all", "pure", "one hundred per cent"
or by terms of similar import.
(f) Tags required by this chapter shall be approved by the department and shall be
made of durable material at least six square inches in area. Paper-faced tags shall not
be used. Tags designating all new filling material shall be white. Tags designating secondhand or renovated bedding or filling material shall be yellow. Tags designating
bedding or filling material placed off sale by the commissioner shall be red.
(g) Statements required on tags shall be legibly printed or stamped on one side only,
in capital letters at least ten points or one-eighth of an inch in height, and in block
lettering without serif. The tag may state that the bedding or filling material complies
with the law of other states.
(1949 Rev., S. 4173; 1967, P.A. 255; P.A. 82-326, S. 3, 7; P.A. 83-360, S. 5.)
History: 1967 act excepted articles sold from home to purchaser directly at public auction, and added provisions re
articles contaminated from smoke, fire or water; P.A. 82-326 deleted entire text of existing section and inserted new
material; Sec. 19-421 transferred to Sec. 21a-233 in 1983; P.A. 83-360 amended Subsec. (c) by deleting the words "kind
of" to clarify that filling material may not be added during renovation process.
Sec. 21a-234. (Formerly Sec. 19-422). Licenses; permits. Fees. (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.
(1949 Rev., S. 4174; 1953, 1955, S. 2135d; P.A. 79-451; P.A. 82-326, S. 4, 7; P.A. 83-360, S. 6; P.A. 94-36, S. 32, 42;
P.A. 04-22, S. 3.)
History: P.A. 79-451 specified persons, firms or corporations required to obtain license; P.A. 82-326 replaced entire
text of existing section; Sec. 19-422 transferred to Sec. 21a-234 in 1983; P.A. 83-360 amended Subsec. (c) by reinstating
the renovator's license fee of twenty-five dollars which was omitted in prior legislation; P.A. 94-36 substituted "shall be
valid for one year" for "expire one year from the date of issuance" and deleted Subsec. (d) which provided for a late license
or permit renewal fee, relettering Subsec. (e) accordingly, effective January 1, 1995; P.A. 04-22 amended Subsec. (a) by
adding reference to "importer", amended Subsec. (b) by adding reference to "sanitation" and "sanitize", and amended
Subsec. (c) to require importers to pay a fee of one hundred dollars, prior to the issuance or reissuance of an importer's license.
See Sec. 21a-4(c) re fines for late license renewals.
See Sec. 21a-10(b) re staggered schedule for license renewals.
Sec. 21a-235. (Formerly Sec. 19-423). Enforcement; regulations. The commissioner shall adopt regulations in accordance with chapter 54, necessary for the proper
enforcement of this chapter.
(1949 Rev., S. 4175; P.A. 82-326, S. 5, 7.)
History: P.A. 82-326 entirely replaced previous provisions which had empowered commissioner to inspect, examine
and seize articles subject to this chapter; Sec. 19-423 transferred to Sec. 21a-235 in 1983.
See title 2c re termination of regulation under "Sunset Law".
Sec. 21a-236. (Formerly Sec. 19-424). Inspection by commissioner. Disciplinary action. Penalties. (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.
(b) The commissioner may revoke or suspend any license or permit, reprimand any
licensee or permittee, deny an application for a license or permit or renewal thereof,
upon proof that: The applicant has made a false statement in the application for or
renewal of a license or permit; the applicant has violated any of the provisions of this
chapter; or the applicant has engaged in any fraud, deceit or misrepresentation.
(c) The department shall have the power to impose a civil penalty not exceeding
two hundred dollars for any violation.
(d) Upon notification of revocation or suspension, the person to whom a license or
permit was issued or his successor shall immediately return the licensee or permit to
the department.
(e) No license or permit shall be denied, suspended or revoked nor shall any civil
penalty be imposed until after a hearing held in accordance with chapter 54.
(f) Whenever the commissioner has reason to believe that any person has been
engaged or is engaged in an alleged violation of any provision of this chapter, the commissioner may request the Attorney General to apply to the Superior Court for an order
temporarily or permanently restraining and enjoining the continuance of such violation
and such other relief as may be granted in equity. In such action the commissioner shall
be responsible for all necessary investigative support.
(1949 Rev., S. 4176; P.A. 82-326, S. 6, 7; P.A. 04-22, S. 4.)
History: P.A. 82-326 deleted previous provisions re fines and imprisonment imposed on violators of chapter provisions
and inserted listing of specific enforcement powers of commissioner; Sec. 19-424 transferred to Sec. 21a-236 in 1983;
P.A. 04-22 amended Subsec. (a) by adding reference to "sanitized".