02-05 15:09 S.B. 231
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Bedding, Upholstered Furniture, and Filling Material Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brady Brammer
House Sponsor:
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LONG TITLE
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General Description:
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This bill addresses oversight of bedding, upholstered furniture, and filling material.
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Highlighted Provisions:
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This bill:
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▸ modifies definitions;
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▸ repeals permitting and registration requirements;
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▸ moves the enforcement against unlawful acts to the Division of Consumer Protection
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under the Utah Consumer Sales Practices Act;
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▸ removes certain tagging or similar requirements administered by the Department of
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Agriculture and Food for bedding, upholstered furniture, and filling material; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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4-10-102, as last amended by Laws of Utah 2021, Chapter 295
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4-10-111, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-10-114, as enacted by Laws of Utah 2021, Chapter 295
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ENACTS:
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13-11-4.5, Utah Code Annotated 1953
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REPEALS:
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4-10-101, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-10-104, as last amended by Laws of Utah 2021, Chapter 295
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4-10-105, as last amended by Laws of Utah 2020, Chapter 316
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4-10-106, as last amended by Laws of Utah 2021, Chapter 295
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4-10-107, as last amended by Laws of Utah 2021, Chapter 295
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4-10-108, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-10-109, as renumbered and amended by Laws of Utah 2017, Chapter 345
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4-10-110, as last amended by Laws of Utah 2020, Chapter 316
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 4-10-102 is amended to read:
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CHAPTER 10. FILL MATERIAL ACT
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4-10-102 . Definitions.
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As used in this chapter:
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(1) "Article" means bedding, upholstered furniture, quilted clothing, or filling material.
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(2) "Bedding" means a:
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(a) quilted, packing, mattress, or hammock pad; or
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(b) mattress, boxspring, comforter, quilt, sleeping bag, studio couch, pillow, or cushion
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made with a filling material that can be used for sleeping or reclining.
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(3) "Consumer" means a person who purchases, rents, or leases an article for the article's
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intended, everyday use.
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(4) "Filling material" means cotton, wool, kapok, feathers, down, shoddy, hair, or other
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material, or a combination of materials, whether loose or in bags, bales, batting, pads, or
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other prefabricated form that is, or can be, used in bedding, upholstered furniture, or
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quilted clothing.
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[(5) "Label" means the display of written, printed, or graphic matter upon a tag or upon
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the immediate container of a bedding, upholstered furniture, quilted clothing, or filling
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material.]
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[(6)] (5)(a) "Manufacture" means to make, process, or prepare from new or secondhand
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material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or
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filling material for sale.
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(b) "Manufacture" does not include making, processing, or preparing an article described
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in Subsection [(6)(a)] (5)(a) if:
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(i) a person sells three or fewer of the articles per year; and
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(ii) the articles are sold by persons who are not primarily engaged in the making,
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processing, or preparation of the articles.
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[(7)] (6)(a) "New material" means material that has not previously been used in the
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manufacture of another article used for any purpose.
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(b) "New material" includes:
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(i) by-products from a textile mill using only new raw material synthesized from a
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product that has been melted, liquified, and re-extruded; and
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(ii) down and feather that has been sterilized in accordance with the department's
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rules made under Sections 4-10-103 and 4-10-113.
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[(8) "Owner's own material" means an article owned or in the possession of a person for the
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person's own or a tenant's use that is sent to another person for manufacture or repair.]
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[(9)] (7) "Quilted clothing" means a filled garment or apparel, exclusive of trim used for
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aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in
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whole or in part from filling material and sold or offered for sale.
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[(10)] (8) "Reclaimed" or "reclaimed material" means material that would have otherwise
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been disposed of as waste or used for energy recovery, but instead is collected and used
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as a material input, in lieu of new primary material, as defined by rule by the department
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in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
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[(11)] (9) "Recycled" or "recycled material" means material that has been reprocessed from
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reclaimed material by means of an accepted manufacturing process and made into a final
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product or into a component for incorporation into a product as defined by rule by the
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department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
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Act.
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[(12)] (10) "Repair" means to restore, recover, alter, or renew bedding or upholstered
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furniture for a consideration.
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[(13)] (11) "Retailer" means a person who sells bedding, upholstered furniture, quilted
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clothing, or filling material to a consumer for use primarily for personal, family,
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household, or business purposes.
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[(14)] (12)(a) "Sale" or "sell" means to offer or expose for sale, barter, trade, deliver,
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consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or
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filling material.
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(b) "Sale" or "sell" does not include a judicial, executor's, administrator's, or guardian's
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sale of an [item] article described in Subsection [(14)(a)] (12)(a).
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[(15)] (13) "Secondhand" means an article or filling material, or portion of an article or
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filling material, that has previously been used.
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[(16)] (14) "Sterilize" means to disinfect, decontaminate, sanitize, cleanse, or purify as
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required by Section 4-10-113.
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[(17) "Tag" means a card, flap, or strip attached to an article for the purpose of displaying
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information required by this chapter or under rule made pursuant to it.]
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[(18)] (15)(a) "Used" means an article that has been sold to a consumer and has left the
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store.
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(b) "Used" does not include an article returned to the store[:]
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[(i) with the article's original tags; and]
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[(ii)] in the article's original packaging.
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[(19)] (16) "Upholstered furniture" means portable or fixed furniture, except fixed seats in
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motor vehicles, boats, or aircraft, that is made in whole or in part with filling material,
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exclusive of trim used for aesthetic effect.
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[(20)] (17) "Wholesaler" means a person who offers an article for resale to a retailer or
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institution rather than a final consumer.
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Section 2. Section 4-10-111 is amended to read:
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4-10-111 . Enforcement -- Inspection authorized -- Samples -- Reimbursement
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for samples -- Warrants.
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(1)(a) The department may access public and private premises where articles subject to
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this chapter are manufactured, repaired, stored, or sold for the purpose of determining
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compliance with this chapter.
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(b) For purposes of determining compliance, the department may:
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(i) open any upholstered furniture, bedding, or quilted clothing to obtain a sample for
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inspection and analysis of filling material; or
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(ii) if considered appropriate by the department, take the entire article for inspection
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and analysis.
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(c) Upon request, the department shall reimburse the owner or person from whom a
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sample or article is taken in accordance with this Subsection (1) for the actual cost of
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the sample or article.
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[(2) Upon request, the department may review and copy any of the records required under
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Subsection 4-10-108(2).]
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[(3)] (2) The department may proceed immediately, if admittance is refused or a record is
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denied, to obtain an ex parte warrant from the nearest court of competent jurisdiction to
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allow entry upon the premises for the purpose of making inspections and taking samples
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or articles.
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Section 3. Section 4-10-114 is amended to read:
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4-10-114 . Use of reclaimed or recycled material.
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(1) A person may advertise an [item] article filled with down, down and feather, or feather
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as "new" if it is manufactured using 100% reclaimed or recycled material, provided that
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the [tag] person clearly discloses that the [item] article is manufactured using 100%
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reclaimed or recycled material.
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(2) The department may, in accordance with Title 63G, Chapter 3, Utah Administrative
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Rulemaking Act, make rules governing the use of reclaimed or recycled material under
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this chapter.
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Section 4. Section 13-11-4.5 is enacted to read:
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13-11-4.5 . Bedding, upholstered furniture, quilted clothing, or filling material.
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(1) As used in this section:
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(a) "Article" means bedding, upholstered furniture, quilted clothing, or filling material.
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(b) "Bedding" means a:
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(i) quilted, packing, mattress, or hammock pad; or
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(ii) mattress, boxspring, comforter, quilt, sleeping bag, studio couch, pillow, or
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cushion made with a filling material that can be used for sleeping or reclining.
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(c) "Filling material" means cotton, wool, kapok, feathers, down, shoddy, hair, or other
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material, or a combination of materials, whether loose or in bags, bales, batting, pads,
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or other prefabricated form that is, or can be, used in bedding, upholstered furniture,
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or quilted clothing.
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(d) "Label" means the display of written, printed, or graphic matter on a stamp, tag,
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label, or other means of identification, or authorized substitute for a stamp, tag, or
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label, required to be on or affixed to a textile fiber product by the Textile Fiber
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Products Identification Act, 15 U.S.C. Secs. 70 et seq., or federal regulations.
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(e)(i) "New material" means material that has not previously been used in the
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manufacture of another article used for any purpose.
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(ii) "New material" includes:
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(A) by-products from a textile mill using only new raw material synthesized from
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a product that has been melted, liquified, and re-extruded; and
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(B) down and feather that has been sterilized in accordance with the Department
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of Agriculture and Food's rules made under Sections 4-10-103 and 4-10-113.
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(f) "Quilted clothing" means a filled garment or apparel, exclusive of trim used for
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aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made
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in whole or in part from filling material and sold or offered for sale.
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(g) "Repair" means to restore, recover, alter, or renew bedding or upholstered furniture
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for a consideration.
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(h)(i) "Sale" or "sell" means to offer or expose for sale, barter, trade, deliver, consign,
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lease, or give away any bedding, upholstered furniture, quilted clothing, or filling
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material.
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(ii) "Sale" or "sell" does not include a judicial, executor's, administrator's, or
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guardian's sale of an item described in Subsection (1)(h)(i).
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(i) "Secondhand" means an article or filling material, or portion of an article or filling
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material, that has previously been used.
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(j) "Upholstered furniture" means portable or fixed furniture, except fixed seats in motor
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vehicles, boats, or aircraft, that is made in whole or in part with filling material,
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exclusive of trim used for aesthetic effect.
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(2) A supplier may not:
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(a) sell bedding, upholstered furniture, quilted clothing, or filling material as new unless
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the article is made from new material and properly labeled in accordance with
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applicable federal law;
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(b) sell bedding, upholstered furniture, quilted clothing, or filling material made from
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secondhand material that is not properly labeled in accordance with applicable
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federal law;
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(c) label or sell a used or secondhand article as if the article were a new article;
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(d) use burlap or other material that has been used for packing or baling, or to use any
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unsanitary, filthy, or vermin or insect infested filling material in the manufacture or
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repair of an article;
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(e) sell bedding, upholstered furniture, quilted clothing, or filling material that is not
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properly labeled in accordance with applicable federal law regardless of point of
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origin;
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(f) use a false or misleading statement, term, or designation on a label required by
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applicable federal law;
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(g) use a false or misleading label; or
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(h) sell new bedding, upholstered furniture, or quilted clothing with filling material
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made of down, feather, wool, or hair that has not been properly sterilized.
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(3) A supplier who violates this section commits a deceptive act or practice under
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Subsection 13-11-4(1).
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Section 5. Repealer.
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This bill repeals:
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Section 4-10-101, Title.
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Section 4-10-104, Manufacture, repair, or wholesale sale of bedding, upholstered
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furniture, quilted clothing, or filling material -- Permit required.
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Section 4-10-105, Registration -- Permit -- Fees -- Expiration -- Renewal.
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Section 4-10-106, Unlawful acts specified.
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Section 4-10-107, Tagging requirements for bedding, upholstered furniture, and filling
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material.
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Section 4-10-108, Seller's representation of a used mattress -- Bedding records required.
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Section 4-10-109, Use of rubber stamp or stencil authorized -- Conditions for use.
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Section 4-10-110, Sale of bedding, upholstered furniture, quilted clothing, or filling
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material -- Tag, stamp, or stencil required -- Secondhand material to bear tag -- Presumption --
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Owner's own material to be tagged.
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Section 6. Effective Date.
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This bill takes effect on May 7, 2025.
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