Actions

Text

STATE OF NEW YORK
________________________________________________________________________

4243--A

2011-2012 Regular Sessions

IN ASSEMBLY

February 2, 2011
___________

Introduced  by  M. of A. CASTRO -- Multi-Sponsored by -- M. of A. COLTON
  -- read once and referred to the Committee  on  Consumer  Affairs  and
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to  amend  the general business law, in relation to articles of
  bedding

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 3 of section 383 of the general business
law, as added by chapter 309 of the laws of 1996, are amended to read as
follows:
  2.  "New" shall mean any material or article which has not been previ-
ously used for any purpose, including by-products produced in the  manu-
facture  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  thirty days after date of delivery
after original sale at retail, shall be deemed to be a new article,  but
thirty  days after date of such delivery such article shall be deemed to
be used];
  3. "Used" shall  mean  any  components,  ARTICLES  OR  MATERIALS  from
[previously used] bedding NOT CLASSIFIED AS NEW.
  S 2. The general business law is amended by adding a new section 385-b
to read as follows:
  S  385-B.    TRANSPORT,  STORAGE  AND SALE OF USED BEDDING. 1. NO USED
BEDDING SHALL BE STORED OR SOLD WITH NEW BEDDING UNLESS THE USED BEDDING
HAS BEEN SANITIZED IN ACCORDANCE WITH THE STANDARDS ESTABLISHED IN REGU-
LATION BY THE DEPARTMENT OF STATE  PURSUANT  TO  SECTION  THREE  HUNDRED
EIGHTY-FIVE OF THIS ARTICLE.
  2.  NO  USED  BEDDING SHALL BE TRANSPORTED WITH NEW BEDDING UNLESS THE
USED BEDDING HAS BEEN SANITIZED IN ACCORDANCE WITH THE STANDARDS  ESTAB-
LISHED  IN  REGULATION  BY  THE  DEPARTMENT OF STATE PURSUANT TO SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02964-02-1
A. 4243--A                          2

THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE OR ENCLOSED  IN  NON-PERMEABLE
PLASTIC,  POLYETHYLENE  FILM OR SIMILAR MATERIAL DESIGNED TO PREVENT THE
PASSAGE OF CONTAMINANTS.  SHIPPING BAGS OR SIMILAR PRODUCTS SHALL NOT BE
USED AS THE NON-PERMEABLE COVER REQUIRED BY THIS SUBDIVISION.
  S  3.  Section  387 of the general business law, as amended by chapter
249 of the laws of 1999, is amended to read as follows:
  S 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 sanitization of all articles or mate-
rials  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.  THE  FREQUENCY
OF  SUCH  INSPECTIONS  SHALL  BE  AT  THE DISCRETION OF THE SECRETARY OF
STATE, PROVIDED, HOWEVER, THAT EVERY PLACE WHERE ARTICLES OF BEDDING ARE
MADE, REMADE OR RENOVATED, OR MATERIALS THEREFORE ARE PREPARED OR STERI-
LIZED, OR WHERE SUCH ARTICLES OR MATERIALS ARE SOLD, SHALL BE  INSPECTED
AT  LEAST  ONCE  DURING  ANY  CONTINUOUS THREE YEAR PERIOD IN WHICH SUCH
PLACE IS REGISTERED PURSUANT TO THIS ARTICLE. For the purpose of  admin-
istering  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.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.