ARTICLE 25-A
GENERAL BUSINESS LAW
Articles of Bedding
Section
383 Definitions
384 Registration of manufacturers of new bedding
385 Registration of manufacturers of used bedding and repairer-renovators or rebuilders of bedding
385-a Registration of sellers of used bedding
386 Fees
387 Inspections
388 Suspension and revocation of registrations
389 Deceptive acts or practices prohibited
389-a Label requirements for used bedding
389-b Label requirements for new bedding
389-c Special application of section 349 of this chapter
For the purposes of this article:
1. “Bedding” shall mean any mattress or box spring which can be used by any human being for sleeping or reclining purposes:
2. “New” shall mean any material or article which has not been previously used for any purpose, including by-products produced in the manufacture of new fabric, and material reclaimed from new fabric; except that an article of bedding returned by the purchaser for exchange, alteration, or correction, within 30 days after date of delivery after original sale at retail, shall be deemed to be a new article, but 30 days after date of such delivery such article shall be deemed to be used;
3. “Used” shall mean any components from previously used bedding.
§384. Registration of manufacturers of new bedding.
1. Every manufacturer of new bedding sold in this state shall file a notice with the Department of State which:
(a) states its name and address; and
(b) affirms that it uses new material when it manufacturers new bedding.
2. Each registration shall expire one year from the date of issue.
§385. Registration of manufacturers of used bedding and repairer-renovators or rebuilders of bedding.
1. Every manufacturer of used bedding sold in this state and repairer-renovator or rebuilder of bedding sold in this state shall file a notice with the Department of State which:
(a) states its name and address; and
(b) affirms that it sanitizes its used bedding in accordance with the standards established in regulation by the Department of State in consultation with the Department of Health.
2. Each registration shall expire one year from the date of issue.
§385-a. Registration of sellers of used bedding.
1. Every person engaged in the sale of used bedding, including any mattress or boxspring which in its entirety is used and not repaired or renovated, shall file a notice with the Department of State which:
(a) states such person’s name and address; and
(b) affirms that such used bedding has been sanitized in accordance with the standards established in regulation by the Department of State in consultation with the Department of Health.
2. The provisions of this section shall not apply to a person selling used bedding in a private sale from his or her home directly to the consumer.
3. Each registration shall expire one year from the date of issue.
§386. Fees.
1. Every manufacturer of new or used bedding and each repairer-renovator or rebuilder of bedding shall pay a registration fee of $150.00 to the Department of State.
2. Every person engaged in the sale of used bedding shall pay a registration fee of $100.00 to the Department of State.
§387. Inspections.
Every place where articles of bedding are made, remade or renovated, or materials therefor are prepared or sterilized, or where such articles or materials are sold, shall be subject to inspection by the Secretary of State who shall have power to inspect the manufacture, sale or delivery, and sanitation of all articles or materials covered by this article, to open and examine the contents thereof and power to seize and hold for evidence any article of bedding, in whole or in part, which the Secretary has reason to believe is made or sold or held in possession in violation of this article. For the purpose of administering and enforcing the provisions of this article, the Secretary shall have and may use the powers conferred on him by the Executive Law in addition to the powers conferred in this article.
§388. Suspension and revocation of registrations.
The Secretary of State shall have the power to revoke or suspend any registration or deny any registration upon proof:
(a) that the applicant or registrant has violated any of the provisions of this article or the rules and regulations promulgated hereunder;
(b) that the applicant or registrant has practiced fraud, deceit or misrepresentation; or
(c) that the applicant or registrant has made a false statement in the notice of registration.
§389. Deceptive acts or practices prohibited.
It shall be a deceptive act or practice and unlawful, under §349 of this chapter, for any merchant, as defined in §2-104 of the Uniform Commercial Code, to manufacture, rebuild or sell bedding in this state that contains any used material, or to sell any mattress or boxspring which is made, in whole or in part, from used materials, unless it bears a conspicuous yellow label notifying the consumer of that fact.
§389-a. Label requirements for used bedding.
The label indicating that an article of bedding contains used material, in whole or in part, shall be at least 15 square inches in area, contain the phrase “used material” or “used bedding,” as the case may be, in prominent print, be yellow in color, and be stitched or otherwise securely attached to the bedding in such a manner that it may be seen by consumers prior to purchase.
§389-b. Label requirements for new bedding.
The label indicating that an article of bedding contains new material must be at least six square inches in area, contain the phrase “new material” in prominent print, and be stitched or otherwise securely attached to the bedding in such a manner that it may be seen by consumers prior to purchase.
§389-c. Special application of section 349 of this chapter.
In addition to the power set forth in subdivision (b) of §349 of this chapter, the Attorney General shall have the power to assess a fine of up to $1,000.00 for each violation of this article; and the defense under subdivision (d) of §349 of this chapter shall not be available in connection with any violation of this article.