Bill Text: NJ A2875 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires permit from DHSS to refurbish mattresses.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-05-10 - Introduced, Referred to Assembly Consumer Affairs Committee [A2875 Detail]
Download: New_Jersey-2012-A2875-Introduced.html
Sponsored by:
Assemblywoman L. GRACE SPENCER
District 29 (Essex)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Requires permit from DHSS to refurbish mattresses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning refurbished mattresses and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A person who refurbishes used mattresses for sale in this State, whether or not the refurbishing business is located in the State, shall obtain a permit from the Department of Health and Senior Services in accordance with the provisions of section 2 of this act. A permit shall be required for each separate business location, regardless of business name or ownership.
b. A person who is required to obtain a permit shall keep accurate and up-to-date records of all refurbished mattresses shipped into or within the State, and such records shall be made available to authorized representatives of the department upon request. A person required to obtain a permit shall allow, during normal business hours, an authorized representative of the department to conduct an announced or unannounced inspection of the person's place of business for purposes of determining compliance with the provisions of this act.
c. A permit holder shall display the permit at the mattress refurbishing operation at all times.
d. The provisions of this act shall not apply to a custom upholstery business that does not repair or renovate mattresses for resale.
2. a. The Commissioner of Health and Senior Services shall establish the permit and renewal forms and application process. A permit shall be valid for a period of two years and shall not be transferable.
The department may charge a reasonable fee to support the cost of administering the provisions of this act.
In addition to any other information that the commissioner determines is necessary for the protection of the public health and safety, an applicant for a permit shall provide the following information:
(1) a copy of current permits or licenses issued by other states;
(2) a copy of bedding labels proposed for use in this State;
(3) confirmation of compliance with applicable federal and State flammability standards for mattresses, pursuant to P.L.2007, c.141 (C.52:27D-198.15 et seq.); and
(4) an explanation of the germicidal treatment method to be applied to refurbished mattresses.
b. The department shall approve or deny a permit application within 30 days after receipt of a completed application. The department may deny an application for a permit or may deny an application to renew a permit if the applicant fails or refuses to provide a complete application, pay the applicable permit fee, provide requested information or product samples or test results, or otherwise fails to comply with the provisions of this act. The denial of an application shall be considered a final agency decision, subject to review by the Appellate Division of the Superior Court. The department may suspend or revoke a permit for cause, which shall be subject to review by the Appellate Division of the Superior Court.
3. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health and Senior Services shall promulgate rules and regulations necessary to carry out the purposes of this act.
4. This act shall take effect on the first day of the sixth month next following the date of enactment, but the Commissioner of Health and Senior Services may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill would require that persons who refurbish mattresses to be sold in the State obtain a permit from the Department of Health and Senior Services (DHSS). The purpose of the bill is to protect the public health and welfare with regard to used mattresses.
A permit would be required for each separate business location, regardless of business name or ownership. Custom upholstery businesses that do not repair or renovate mattresses for resale would be exempt from the requirements of this bill.
Permit holders would be required to keep accurate and up-to-date records of all refurbished mattresses shipped into or within the State, and make such records available to DHSS upon request. An authorized representative of DHSS could conduct announced or unannounced inspections of the permit holder's place of business. The permit would have to be displayed at the mattress refurbishing premises at all times.
The bill directs the Commissioner of Health and Senior Services to establish the permit and renewal forms and application process. Permits would be valid for two years and would not be transferable. Information that an applicant for a permit would be required to provide includes: copies of current permits or licenses issued by other states; copies of bedding labels proposed for use in this State; confirmation of compliance with applicable federal and State flammability standards for mattresses; and an explanation of the germicidal treatment method to be applied to refurbished mattresses.
The bill authorizes DHSS to charge a reasonable fee to support the cost of administering the provisions of the bill. DHSS would be required to approve or deny a permit application within 30 days after receipt of a completed application. The denial of an application would be considered a final agency decision subject to review by the Appellate Division of the Superior Court. The bill further provides that DHSS could suspend or revoke a permit for cause, which also would be subject to review by the Appellate Division of the Superior Court.
The bill would take effect on the first day of the sixth month next following the date of enactment.
