S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7257
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, ORTIZ -- read once and referred to
   the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to the safe trans-
   fer, transport and storage of used mattresses for sale  to  commercial
   establishments

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 385-b to read as follows:
   § 385-B. SAFE TRANSFER, TRANSPORT AND STORAGE OF USED BEDDING.  1.  NO
 USED  BEDDING SHALL BE SOLD OR TRANSFERRED TO A COMMERCIAL ESTABLISHMENT
 UNLESS SUCH BEDDING HAS BEEN:
   (A) 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;
   (B) IF A MATTRESS, TESTED AND CERTIFIED AS FULLY MEETING  THE  PRODUCT
 PERFORMANCE  REQUIREMENTS  SET FORTH IN THE MATTRESS FLAMMABILITY STAND-
 ARDS ESTABLISHED BY THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION
 AND CODIFIED AT 16 C.F.R. PARTS 1632 AND 1633 (INCLUDING ANY  SUBSEQUENT
 AMENDMENTS THERETO);
   (C)  PERMANENTLY  LABELED  WITH  A  YELLOW  TAG STATING IN A CLEAR AND
 CONSPICUOUS MANNER AND LOCATION THAT:
   "THIS BEDDING CONTAINS  PREVIOUSLY  USED  MATERIALS  WHICH  HAVE  BEEN
 CLEANED  AND  SANITIZED IN A REASONABLE MANNER TO KILL GERMS AND INSECTS
 AND TO PREVENT INFECTION.";
   (D) FOR MATTRESSES, SUCH TAG SHALL CONTAIN  THE  FOLLOWING  ADDITIONAL
 STATEMENT IN A CLEAR AND CONSPICUOUS MANNER AND LOCATION:
     "THIS  MATTRESS  MEETS  THE REQUIREMENTS OF 16 C.F.R. PARTS 1632 AND
 1633 (CIGARETTE IGNITION AND OPEN FLAME) STANDARDS FOR MATTRESSES."; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03507-01-7
              

 A. 7257                             2
 
   (E) FOR ANY USED MATTRESSES AND BOX SPRING INTENDED FOR SALE OR TRANS-
 FER TO A COMMERCIAL ESTABLISHMENT, THE  TAG  REQUIRED  BY  THIS  SECTION
 SHALL ALSO STATE IN A CLEAR AND CONSPICUOUS MANNER AND LOCATION:
     "THIS  LABEL MAY NOT BE REMOVED FOR ANY REASON AND MUST BE AVAILABLE
 FOR INSPECTION BY THE GUESTS OF THIS ESTABLISHMENT."
   2. NO COMMERCIAL ESTABLISHMENT MAY PURCHASE OR  OTHERWISE  OBTAIN  ANY
 USED BEDDING THAT DOES NOT MEET THE REQUIREMENTS OF THIS SECTION.
   3. NO COMMERCIAL ESTABLISHMENT THAT PURCHASES OR OTHERWISE OBTAINS ANY
 USED  BEDDING THAT IS LABELED IN ACCORDANCE WITH THIS SECTION MAY REMOVE
 SUCH LABEL AT ANY TIME.
   4. ANY PERSON THAT SELLS OR  OTHERWISE  TRANSFERS  OWNERSHIP  OF  USED
 BEDDING TO A COMMERCIAL ESTABLISHMENT SHALL:
   (A)  MAINTAIN  FOR A PERIOD OF AT LEAST FIVE YEARS APPROPRIATE RECORDS
 DOCUMENTING THE QUANTITY OF SUCH PRODUCTS  IN  QUESTION,  THE  NAME  AND
 ADDRESS  OF  THE  VENDOR  AND  RECIPIENT OF SUCH PRODUCTS, THE METHOD OF
 DISPOSITION OF SUCH USED PRODUCTS, INCLUDING, AS RELEVANT, THE DISMANTL-
 ING, DESTRUCTION, SANITIZATION, AND LABELING OF SUCH PRODUCTS,  AND  ALL
 TESTING AND OTHER RECORDS REQUIRED BY 16 C.F.R. PARTS 1632 AND 1633; AND
   (B)  MAKE  SUCH  RECORDS AVAILABLE FOR INSPECTION BY THE DEPARTMENT OF
 HEALTH UPON REQUEST.
   5. NO PERSON ENGAGED IN THE SALE, DISTRIBUTION AND DELIVERY OR  TRANS-
 PORT OF USED BEDDING TO OR FROM A COMMERCIAL ESTABLISHMENT SHALL DELIVER
 OR  TRANSPORT  SUCH USED BEDDING IN PROXIMITY TO NEW BEDDING UNLESS SUCH
 USED BEDDING SHALL HAVE BEEN SANITIZED  AS  PROVIDED  BY  DEPARTMENT  OF
 HEALTH  REGULATIONS.  SUCH PROXIMITY SHALL INCLUDE IN THE SAME TRANSPORT
 VEHICLE, UNLESS THE NEW BEDDING IS  PACKAGED  OR  WRAPPED  IN  A  SECURE
 MANNER.
   6.  NO  PERSON  ENGAGED  IN  THE  SALE  OR DISTRIBUTION OF NEW OR USED
 BEDDING TO A COMMERCIAL ESTABLISHMENT SHALL STORE USED BEDDING IN  PROX-
 IMITY  TO  NEW BEDDING UNTIL SUCH USED BEDDING HAS BEEN THOROUGHLY SANI-
 TIZED IN ACCORDANCE WITH DEPARTMENT OF HEALTH REGULATIONS.
   7. FOR PURPOSES OF THIS SECTION:
   (A) "COMMERCIAL ESTABLISHMENT" MEANS AN  ESTABLISHMENT  THAT  PROVIDES
 OVERNIGHT  ACCOMMODATIONS  TO  THE PUBLIC INCLUDING, BUT NOT LIMITED TO,
 HOTELS, MOTELS, INNS, LODGES, HOSTELS AND BED AND BREAKFASTS.
   (B) "BEDDING" MEANS MATTRESSES AND BOX SPRINGS.
   § 2. The department of health shall  promulgate  regulations  for  the
 methods  of  sanitization  to be used to kill bedbugs, dust mites, other
 insects, molds, fungi, germs or other  organisms,  and  the  removal  of
 soil,  dust  mites and insect feces, allergens and other contaminants on
 or before the three hundred sixtieth day after  the  effective  date  of
 this act.
   § 3. This act shall take effect on the earliest of either: the thirti-
 eth  day  after regulations for sanitization, as provided in section two
 of this act, have been finalized by the department of health; or on  the
 three  hundred  ninetieth  day  after  this act shall have become a law;
 provided that the commissioner of health shall  notify  the  legislative
 bill  drafting  commission  upon  the occurrence of the enactment of the
 legislation provided for in this act in order that  the  commission  may
 maintain an accurate and timely effective data base of the official text
 of  the laws of the state of New York in furtherance of effectuating the
 provisions of section 44 of the legislative law and section 70-b of  the
 public officers law.