1Providing for the manufacture and sale of bedding and
2upholstered furniture and for civil penalties; and making a
3related repeal.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Bedding and
8Upholstered Furniture Law.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Bedding." An item used by a human for sleeping or reclining
14which is wholly or partly stuffed or filled with a filling
15material.

16"Department." The Department of Labor and Industry of the
17Commonwealth.

18"Disinfect." Effectively cleaning an item to destroy or

1prevent the growth of disease-carrying microorganisms, bacteria,
2bed bugs, fungi, insects, larvae, mildew and mold on the entire
3item using a process approved by the department.

4"Distributor." A person who receives bedding, upholstered
5furniture or filling material from a commercial entity located
6within this Commonwealth or another state for the purpose of
7resale.

8"End consumer." The person the product is intended to be
9used or consumed by.

10"Floor model." New bedding or new upholstered furniture
11placed in a retail sales area which is only used for display
12purposes.

13"Importer." A person who, for the purpose of manufacture or
14resale, receives bedding, upholstered furniture or filling
15material from a country other than the United States.

16"Manufacturer." A person who does any of the following:

17(1) Uses new or recycled material to make all or a
18portion of bedding or upholstered furniture.

19(2) Covers or upholsters bedding or upholstered
20furniture.

21(3) Uses an employee or agent to do paragraph (1) or
22(2).

23"New." Material not previously used by an individual. The
24term includes material that has been properly recycled.

25"Permit." An official document or certificate obtained
26through the department allowing an individual to engage in the
27practice of disinfecting or sterilizing bedding or upholstered
28furniture.

29"Person." An individual, partnership, association, trust,
30corporation or other business entity.

1"Recycled." The process by which post-consumer waste is
2passed through a series of treatments placing the waste in an
3original condition or rendering it in a virgin state for human
4use.

5"Renovate." Restoring to a former condition or placing in a
6good state of repair. The term shall include rebuilding,
7repairing, making over, recovering or restoring used upholstered
8furniture or secondhand bedding.

9"Renovator." A person who renovates.

10"Retailer." A person that primarily sells new bedding and
11new upholstered furniture directly to a consumer. The term shall
12not include a person who sells secondhand bedding or secondhand
13upholstered furniture to an end consumer.

14"Sale" or "sell." The terms include to sell, offer, expose
15for sale, barter, trade, give away, rent, consign, lease,
16possess with an intent to sell, consign, lease or rent, in a
17commercial manner.

18"Secondhand." Bedding or upholstered furniture that has been
19previously used in a manner other than as a floor model. The
20term includes an item that has previously been in the possession
21of a consumer.

22"Sterilize." The total eradication or destruction of the
23growth of disease-carrying microorganisms, bacteria, bed bugs,
24fungi, insects, larvae, mildew and mold in filling material made
25from animal and fowl origin that are used in new bedding and
26upholstered furniture using a process approved by the
27department.

28"Upholstered furniture." An item used by a person and
29designed for sitting, resting or reclining which is wholly or
30partly stuffed or filled with a filling material.

1"Vendor." A manufacturer, importer, distributor or
2wholesaler of bedding or upholstered furniture or a commercial
3entity that primarily sells secondhand bedding or upholstered
4furniture. The term does not include a retailer.

5"Wholesaler." A person who receives bedding, upholstered
6furniture or filling material from a commercial entity located
7within this Commonwealth or another state for the purpose of
8resale.

9Section 3. Compliance.

10(a) Prohibition.--A vendor may not manufacture or sell new
11or secondhand bedding or upholstered furniture except if the
12vendor is in compliance with this act.

13(b) Responsibility.--A vendor or other person having
14secondhand bedding or upholstered furniture in the vendor's or
15person's possession shall be responsible for compliance with
16this act.

17Section 4. Bedding label.

18(a) New bedding.--A distributor, wholesaler, importer or
19manufacturer of new bedding must securely attach to the new
20bedding a conspicuous white law label as provided in the
21department regulations which is visible on the outside covering
22of the new bedding, is at least six square inches in size and
23has plainly stamped or preprinted on the label, in English, all
24of the following:

25(1) The registration number of the distributor,
26wholesaler, importer or manufacturer.

27(2) The permit number issued to the person sterilizing
28material in the new bedding.

29(3) The kind of filling material used in the new
30bedding.

1(4) A statement that the filling material used in the
2new bedding is new.

3(b) Secondhand bedding.--A person disinfecting, remaking,
4renovating or reupholstering secondhand bedding under section
55(a), must securely attach to the secondhand bedding a
6conspicuous yellow law label as provided in the department
7regulations which is visible on the outside of the secondhand
8bedding and which has plainly stamped or preprinted on the
9label, in English, all of the following:

10(1) The registration number of the retailer.

11(2) The permit number issued to the person disinfecting
12the secondhand bedding or filling material.

13(3) A statement that the secondhand bedding or filling
14material is secondhand.

15Section 5. Secondhand bedding manufacture and sale.

16(a) Disinfected bedding.--A vendor may sell secondhand
17bedding if the secondhand bedding has been disinfected.

18(b) Stuffing or material.--

19(1) Except as provided under paragraph (2), secondhand
20stuffing or material may not be used in making, remaking or
21renovating bedding sold within this Commonwealth.

22(2) A vendor or renovator may use the original stuffing
23or material in making, remaking or renovation of bedding if
24the bedding is being renovated for and returned to the
25original owner.

26Section 6. Floor model and returned bedding and upholstered
27furniture sale.

28(a) Marking.--A floor model or returned bedding or
29upholstered furniture may be sold by a retailer to an end
30consumer if the retailer discloses in writing, at the time of

1sale, that the item is a floor model or returned item.

2(b) Responsibility.--It shall be the responsibility of the
3retailer to properly mark a floor model or a returned item.

4Section 7. Upholstered furniture label.

5(a) New upholstered furniture.--A distributor, wholesaler,
6importer or manufacturer of new upholstered furniture must
7securely attach to the new upholstered furniture a conspicuous
8white law label which is visible on the outside of the finished
9new upholstered furniture, is at least six square inches in size
10and has plainly stamped or preprinted on the label, in English,
11all of the following:

12(1) The registration number of the distributor,
13wholesaler, importer or manufacturer.

14(2) The permit number issued to the person sterilizing
15the material in the finished new upholstered furniture.

16(3) The kind of filling material used in the new
17upholstered furniture.

18(4) A statement that the filling material used in the
19new upholstered furniture is new.

20(b) Secondhand upholstered furniture.--A vendor or renovator
21disinfecting, remaking, renovating or reupholstering secondhand
22upholstered furniture must securely attach to the item a
23conspicuous yellow law label as provided in the department
24regulations which is visible on the outside of secondhand
25upholstered furniture, which is at least six square inches in
26size and is stamped or preprinted, in English, with all of the
27following:

28(1) The registration number of the retailer.

29(2) The permit number issued to the person disinfecting
30the secondhand upholstered furniture.

1(3) A statement that the secondhand upholstered
2furniture or filling material is secondhand.

3Section 8. Secondhand upholstered furniture.

4(a) Sale.--Secondhand upholstered furniture may not be
5offered for sale unless the secondhand upholstered furniture has
6been disinfected after its last use.

7(b) Construction.--

8(1) Except as provided under paragraph (2), a vendor or
9renovator may not use secondhand stuffing or material in the
10making, remaking, reupholstering or renovation of upholstered
11furniture.

12(2) Notwithstanding paragraph (1), a vendor or renovator
13may do any of the following:

14(i) Use original stuffing or material if the
15upholstered furniture is being renovated for and returned
16to the original owner.

17(ii) Use secondhand stuffing or material if the
18stuffing or material has been disinfected.

19Section 9. Registration number.

20(a) Receipt.--A vendor shall apply for and may receive a
21registration number, which shall constitute the vendor's
22identification record, from the department. If a vendor uses
23multiple manufacturers, distributors, wholesalers or importers,
24the vendor must register each manufacturer, distributor,
25wholesaler and importer separately.

26(b) Expiration.--A registration shall expire one year from
27the date of issuance unless previously revoked.

28(c) Fee.--The department shall impose a fee for an initial
29or renewal registration by regulation.

30Section 10. Sterilization and disinfection permit.

1(a) Requirement.--A person desiring to either sterilize or
2disinfect bedding or upholstered furniture within this
3Commonwealth must register with and be approved by the
4department.

5(b) Issuance.--After registration with and approval by the
6department, a numbered permit shall be issued to a person. The
7permit shall expire one year from the date of issuance.

8(c) Renewal.--A permit shall be renewed annually if the
9permit holder submits all of the following:

10(1) Proof of continued compliance with this act and
11regulations of the department.

12(2) The appropriate fee.

13(d) Posting.--A permit holder must keep a valid permit
14conspicuously posted on the premises of the permit holder's
15place of business in a location visible to the public.

16(e) Records.--A permit holder must keep an accurate record
17of articles and material which have been sterilized or
18disinfected. The record must be kept for at least two years from
19the date of sale and shall include all of the following:

20(1) The date of the treatment.

21(2) The description of each item sterilized or
22disinfected.

23(3) The method of sterilization or disinfection.

24(f) Inspection.--A record under subsection (e) must be made
25available for an inspection at any time by a representative of
26the department.

27(g) Revocation.--The department may revoke a sterilization
28or disinfection permit on proof of violation of this act.

29(h) Rules and regulations.--The department shall promulgate
30rules and regulations concerning the application process to

1obtain a permit to sterilize or to disinfect and the fee
2associated with a permit.

3Section 11. Fees.

4A fee set by the department under this act shall be in an
5amount reasonable and necessary to defray the cost of
6administering this act.

7Section 12. Label offense.

8(a) False or misleading statement.--A person may not make a
9false or misleading statement on a label required under this
10act.

11(b) Alteration.--A person may not remove, deface or alter,
12or cause to be removed, defaced or altered, a label as provided
13in the department regulations or statement contained on the law
14label.

15(c) Unauthorized use or possession.--A person may not use or
16possess with the intent to use a label provided for under this
17act unless the person holds a registration or permit issued
18under this act. A person may not sell, give or provide a law
19label as provided in the department regulations to a person who
20does not hold a registration or permit issued under this act.

21Section 13. Administrative penalty.

22(a) Imposition.--The department may impose the following
23administrative penalty for each violation of this act:

24(1) an administrative penalty of not more than $5,000
25for each violation of this act; or

26(2) other corrective action which the department deems
27necessary to address a violation of this act.

28(b) Separate violation.--Each article of bedding or
29upholstered furniture in violation of this act constitutes a
30separate violation.

1(c) Administrative procedure.--This section is subject to 2
2Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of
3Commonwealth agencies) and 7 Subch. A (relating to judicial
4review of Commonwealth agency action).

5(d) Penalty.--A penalty collected under this act or the
6rules and regulations established under this act shall be paid
7to the department.

8Section 14. Departmental powers.

9(a) Authorization.--The department may promulgate
10regulations to effectuate this act.

11(b) Existing regulations.--Until modified or deleted by the
12department, 34 Pa. Code Ch. 47 Subch. A (relating to bedding and
13upholstery) shall be deemed regulations of the department in
14full force and effect.

15(c) Inspection.--

16(1) A place where bedding and upholstered furniture is
17manufactured, sold, renovated, disinfected or sterilized
18shall be subject to inspection by authorized representatives
19of the department to ascertain whether the requirements of
20this act and regulations of the department have been met.

21(2) The department may, during the course of an
22inspection and investigation, do any of the following:

23(i) Have an officer or employee of the department
24conduct a test of and take a sample of an article covered
25under this act and hold the article for evidence.

26(ii) Have an article covered under this act tested
27by a reputable person selected by the department.

28(d) Removal from sale.--Representatives of the department
29may remove from sale an article in violation of this act.
30Articles which are removed from sale:

1(1) must be marked as being removed from sale; and

2(2) may not be sold until authorized by a representative
3of the department.

4Section 30. Repeals.

5Repeals are as follows:

6(1) The General Assembly declares that the repeals under
7paragraph (2) are necessary to effectuate this act.

8(2) The following provisions are repealed:

9(i) The act of May 27, 1937 (P.L.926, No.249),
10referred to as the Bedding and Upholstery Law.

11(ii) Section 613-A(7) of the act of April 9, 1929
12(P.L.177, No.175), known as The Administrative Code of
131929.

14Section 31. Applicability.

15This act shall not apply to any of the following:

16(1) An auctioneer licensed to conduct an auction in this
17Commonwealth under the act of December 22, 1983 (P.L.327,
18No.85), known as the Auctioneer Licensing and Trading
19Assistant Registration Act.

20(2) An owner of a storage facility who, through proper
21means, forecloses on a storage lot in the owner's facility
22and sells the lot as a whole for profit.

23(3) A noncommercial entity who, for a predetermined and
24limited time, sells used upholstered furniture and secondhand
25bedding.

26Section 32. Notice.

27If new fees for bedding and upholstery are set by the
28department under this act, the Secretary of Labor and Industry
29shall transmit notice of the fees to the Legislative Reference
30Bureau for publication as a notice in the Pennsylvania Bulletin.

1Section 40. Effective date.

2This act shall take effect as follows:

3(1) Section 30(2)(ii) shall take effect upon publication
4of the notice under section 32.

5(2) The remainder of this act shall take effect in 180
6days.