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BILL NUMBER:S358

TITLE OF BILL: An act to amend the general business law, in relation to articles of bedding

PURPOSE: This bill addresses the growing concerns regarding infestations of bedbugs.

SUMMARY OF PROVISIONS: This bill amends Article 25 (Articles of Bedding) of the general business law.

Section 383 eliminates the exception for "new" that permitted bedding that was brought back to the sales location within thirty-days to still be classified as "new." The definition of "used" is amended and clarified.

Section 385 requires the additional disclosure on the mandated label requirement for information regarding the manner of sanitization and chemicals used for such cleansing.

Section 385-b details how used bedding is transported, stored or sold.

Section 387 will require annual inspections of bedding manufacturers.

Section 389-a amends the labeling requirement to require notice that the bedding is used and that such material has been sanitized.

Section 389-c institutes penalties including the cost of the mattress, costs for sanitizing said mattress and medical expenses.

JUSTIFICATION: Bedbugs have become more prevalent. News releases have indicated that bedbugs have appeared in the country's finest hotels like the Ramada Plaza in San Francisco; the five-star Westin resort in Hollywood, Florida; and the Regency Inn and Suites in New York City. According to the National Pest Management Association, bed bug complaints have increased 50-fold over the last five years, appearing in apartments, mansions and dormitories in nearly every comer of the country. At one point this pest was virtually eliminated, however, it has made a comeback. The problem has even seen legislation proposed at the federal level. In 2008, Rep. G. K. Butterfield sponsored the "Don't Let the Bed Bugs Bite Act of 2008."

Cross contamination between contaminated used and new furniture has contributed to the spread of this pest. This legislation address the need for sanitizing second-hand bedding, and preventing used bedding that has not been sanitized from being transported, stored, or sold with new bedding.

LEGISLATIVE HISTORY: 2010: S.7316-B/A.7691-C (Veto Memo  6735)

 FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________

358

2011-2012 Regular Sessions

IN SENATE

(PREFILED)

January 5, 2011
___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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. NO USED BEDDING
SHALL BE TRANSPORTED, STORED OR SOLD WITH NEW BEDDING  UNLESS  THE  USED
BEDDING HAS BEEN: SANITIZED USING A METHOD APPROVED BY THE DEPARTMENT OF
HEALTH  THAT  IS  INTENDED  TO  KILL BEDBUGS, DUST MITES, OTHER INSECTS,
MOLDS, FUNGI, GERMS OR OTHER ORGANISMS, AND TO REMOVE  SOIL,  DUST  MITE
AND  INSECT  FECES,  ALLERGENS,  AND  OTHER CONTAMINANTS; OR ENCLOSED IN
PLASTIC, POLYETHYLENE FILM OR SIMILAR MATERIAL DESIGNED TO  PREVENT  THE
PASSAGE OF CONTAMINANTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02964-01-1
S. 358                              2

  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 ANNUAL
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. For the purpose
of administering and enforcing the provisions of this article the secre-
tary 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 sixtieth  day  after  it  shall
have become a law.