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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : TRADE AND COMMERCE
Chapter : Chapter 421 Mattresses
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For purposes of sections 421.005 to 421.038, the following terms
mean:
(1) "Bedding", any mattress, box springs, foundation or studio couch
made, in whole or part of, new or secondhand fabric, filling materials,
or other materials, which can be used for sleeping or reclining purposes.
The term "bedding" does not include any component from which bedding is
made;
(2) "Department", the department of health and senior services;
(3) "Director", director of the department of health and senior services;
(4) "Manufacture", the making of bedding out of new material;
(5) "New material", any fabric, filling material, other material or
article of bedding that has not been previously used for any purpose,
including by-products of any textile or manufacturing process that are
free from dirt, insects and other contamination;
(6) "Person", an individual, sole proprietorship, partnership, limited
liability company, corporation, joint venture, association, trust and any
other entity and the agents, servants and employees of any of them;
(7) "Renovator", a person that repairs, makes over, recovers, restores,
sanitizes, germicidally treats, cleans or renews bedding;
(8) "Sanitizer", a person that sanitizes, germicidally treats or cleans,
but does not otherwise alter, any fabric, filling material, other
materials, or article of bedding for use in manufacturing or renovating
bedding;
(9) "Secondhand material", any fabric, filling material, other material,
or article of bedding that has been previously used for any purpose or is
derived from postconsumer or industrial waste and that may be used in
place of new material in manufacturing or renovating bedding;
(10) "Seller", includes a person that offers or exposes for sale,
barters, trades, delivers, consigns, leases, possesses with intent to
sell, or disposes of bedding in any commercial manner at the wholesale,
retail or other level of trade. (L. 1999 H.B. 316, et al. § 5, A.L. 2001
S.B. 110)
1. All bedding manufactured, renovated, sanitized or sold within
the state shall bear a clear and conspicuous label that explicitly states
whether the bedding is made from all new materials, or is made in whole
or in part from secondhand materials. The label on bedding made from all
new materials shall be white in color and shall state "ALL NEW MATERIAL"
and the label on bedding made in whole, or in part, from secondhand
materials shall be yellow in color and shall state "SECONDHAND
MATERIALS". Such labels shall also comply with rules issued by the
department regarding label dimension, format, informational content,
wording, letter size, material, means of placement and affixing to the
bedding, and other relevant factors.
2. A person may not remove, deface or alter in whole, or part, a label or
any statement on a label to defeat the provisions of sections 421.005 to
421.038.
3. Labels required by sections 421.005 to 421.038 shall be permanently
affixed.
4. No person may make a false or misleading statement on any label
required pursuant to sections 421.005 to 421.038. (L. 1999 H.B. 316, et
al. § 6, A.L. 2001 S.B. 110)
1. The director of the department of health and senior services
shall approve the form and size of labels, the fabric of which the labels
are made and the wording and statements on such labels, provided for in
sections 421.005 to 421.038.
2. Labels required pursuant to sections 421.005 to 421.038 shall be
securely attached to the article of bedding or such filling material at
the site of the manufacturer, in a conspicuous place where the label can
be easily examined.
3. Labels required by sections 421.005 to 421.038 shall have printing
only on one side. No advertising matter may be placed on any label or any
other printed matter not required by the provisions of sections 421.005
to 421.038. (L. 1999 H.B. 316, et al. § 7, A.L. 2001 S.B. 110)
The contents and uses and percentage of filling materials used
in articles of bedding and in bulk form which is either concealed or not
concealed shall be stated on the label. Percentages shall be computed on
the basis of avoirdupois weight of the filling material present and shall
be designated on the label in order of predominance with the component
with the largest content listed first. (L. 1999 H.B. 316, et al. § 8)
The following statements and headings shall be shown on labels:
(1) "UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE
CONSUMER" shall appear at the top of the label;
(2) Headings shall read "All New Material" when the material is wholly
new; "Secondhand Material" when the material, in whole or in part, has
been used for another purpose before being incorporated into the article
or material;
(3) Description of filling material as provided in the applicable
regulations;
(4) The registry number assigned or approved by the department of health
and senior services;
(5) Certification is made by the manufacturer that the materials in this
article are described in accordance with law;
(6) For renovated articles, the name and address of the owner;
(7) The finished size of articles of bedding such as sleeping bags,
mattresses, comforters, mattress pads, pads, box springs, pillows and
similar articles, showing the width and length expressed in inches.
Decorator pillows need not show size. (L. 1999 H.B. 316, et al. § 9)
The department of health and senior services may establish
grades, specifications and tolerances for the kinds and qualities of
materials which are used or intended to be used in the manufacture,
repair or renovation of used bedding or used filling materials and may
approve or adopt designations and rules which are not in conflict with
any provisions of sections 421.005 to 421.038, for the labeling of
articles filled, with such materials. (L. 1999 H.B. 316, et al. § 10,
A.L. 2001 S.B. 110)
The repairer or renovator of any bedding which is subsequently
sold shall affix the previously used material label, which shall be
attached to the article before delivery to the owner. (L. 1999 H.B. 316,
et al. § 11)
1. Each bedding manufacturer, renovator or sanitizer shall
register with and obtain an initial permit and permit number from the
department, which permit shall be renewed annually.
2. Upon timely request by an applicant for an initial permit, the
department shall recognize a valid registry, license, permit or factory
number issued by another state or jurisdiction, provided that, the
applicant complies with all requirements established by the department
for issuance of a permit number in this state.
3. The department shall set fees for each class of initial and annual
renewal permits, including, but not limited to, manufacturers, renovators
and sanitizers in amounts that are reasonable and necessary to defray,
but shall not substantially exceed, the cost of administering sections
421.005 to 421.038. (L. 1999 H.B. 316, et al. § 12, A.L. 2001 S.B. 110)
1. The department may, at its discretion, randomly conduct
bedding and materials product tests and inspections of the premises of
any bedding manufacturer, renovator or sanitizer for the purpose of
determining whether such person complies with the provisions of sections
421.005 to 421.038 and the department's rules adopted pursuant to
sections 421.005 to 421.038.
2. If the department finds probable cause to believe that an article of
bedding violates any provisions of sections 421.005 to 421.038, it may,
as appropriate under the circumstances, embargo, remove, recall, condemn,
destroy or otherwise dispose of bedding found to violate any provisions
of sections 421.005 to 421.038.
3. The department may deny, suspend or revoke an initial or renewal
permit of any person that violates any provision of sections 421.005 to
421.038. Each day of a continuing violation constitutes a separate
violation. Any person who violates any provision of sections 421.005 to
421.038 is guilty of a class A misdemeanor. The court may order
restitution in addition to any other penalty provided in sections 421.005
to 421.038.
4. The department may petition for a temporary restraining order to
restrain a continuing violation of sections 421.005 to 421.038 or a
threat of a continuing violation of sections 421.005 to 421.038, provided
such violation or threatened violation creates an immediate threat to the
public's health and safety.
5. A manufacturer, renovator or seller that knowingly attaches to
bedding, or sells bedding bearing, a label stating that the product is
made from all new materials, and has actual knowledge or reason to
believe or suspect that such bedding is made in whole, or in part, from
secondhand materials is guilty of a class A misdemeanor. Each bedding
product that is found to be falsely labeled in this respect constitutes a
separate violation. (L. 1999 H.B. 316, et al. § 13, A.L. 2001 S.B. 110)
1. The department may adopt all rules necessary to implement
sections 421.005 to 421.038, including rules regarding:
(1) Mandatory label dimensions, format, informational content, including
the name, address and permit number of the manufacturer, renovator or
sanitizer, working, letter size, material, placement and affixing
specifications and other relevant requirements;
(2) The procedures and requirements for the application, issuance,
renewal, denial, suspension and revocation of each class of permit,
including, but not limited to, manufacturers, renovators, sanitizers and
sellers;
(3) Adequate notice and opportunity for hearing for persons potentially
subject to denial, suspension or revocation; and
(4) Any other substantive, interpretative or procedural rules necessary
to implement sections 421.005 to 421.038.
2. In setting standards and procedures pursuant to sections 421.005 to
421.038, including those to protect the public's health and safety, the
department may issue rules incorporating by reference uniform standards,
norms or testing procedures that are issued, promulgated or accepted by
recognized government, public or industry organizations. (L. 1999 H.B.
316, et al. § 14, A.L. 2001 S.B. 110)
1. Bedding may not be manufactured in whole, or in part, from
any secondhand material unless such material has been sanitized,
germicidally treated or cleaned by a method approved by the department.
2. All bedding containing material that is sanitized, germicidally
treated or cleaned in accordance with subsection 1 of this section shall
bear a clear and conspicuous label that states:
"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."
In addition, such label shall state:
(1) The specific methods of sanitizing, germicidal treatment or cleaning
applied;
(2) The date on which the article was sanitized, treated or cleaned;
(3) The name, address and permit number of the person applying the
sanitizing, treatment or cleaning; and
(4) Specifically which materials or articles have been sanitized, treated
or cleaned. (L. 1999 H.B. 316, et al. § 15)
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