Bill Text: NY A05227 | 2017-2018 | General Assembly | Amended

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Bill Title: Provides for the sanitization of every used mattress or bedding material transported, stored or sold in the state; and regulates and restricts the transport and storage of used bedding.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Passed) 2017-11-29 - approval memo.18 [A05227 Detail]

Download: New_York-2017-A05227-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5227--A
                                                                Cal. No. 343
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2017
                                       ___________
        Introduced  by  M.  of  A.  DINOWITZ, GOTTFRIED, JAFFEE, HIKIND, MOSLEY,
          OTIS, WEPRIN -- Multi-Sponsored by -- M. of A.  ARROYO,  COOK,  PERRY,
          RIVERA  -- read once and referred to the Committee on Consumer Affairs
          and Protection -- reported and referred to the Committee on  Codes  --
          reported  and  referred to the Committee on Ways and Means -- reported
          from committee, advanced to  a  third  reading,  amended  and  ordered
          reprinted, retaining its place on the order of third reading
        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:
     1    Section 1. Subdivisions 2 and 3 of section 383 of the general business
     2  law, as added by chapter 309 of the laws of 1996, are amended to read as
     3  follows:
     4    2.  "New" shall mean any material or article which has not been previ-
     5  ously used for any purpose, including by-products produced in the  manu-
     6  facture  of  new fabric, and material reclaimed from new fabric[; except
     7  that an article of bedding  returned  by  the  purchaser  for  exchange,
     8  alteration,  or  correction,  within  thirty days after date of delivery
     9  after original sale at retail, shall be deemed to be a new article,  but
    10  thirty  days after date of such delivery such article shall be deemed to
    11  be used];
    12    3. "Used" shall  mean  any  components,  articles  or  materials  from
    13  [previously used] bedding not classified as new.
    14    § 2. The general business law is amended by adding a new section 385-b
    15  to read as follows:
    16    §  385-b.    Transport,  storage  and sale of used bedding. 1. No used
    17  bedding shall be in direct contact with new bedding in a  storage  ware-
    18  house,  or  stored  or sold with new bedding unless the used bedding has
    19  been sanitized in accordance with the  standards  established  in  regu-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00097-03-7
        A. 5227--A                          2
     1  lation  by  the  department  of  state pursuant to section three hundred
     2  eighty-five of this article.
     3    2.  No  used  bedding shall be transported with new bedding unless the
     4  used bedding has been sanitized in accordance with the standards  estab-
     5  lished  in  regulation  by  the  department of state pursuant to section
     6  three hundred eighty-five of this article or enclosed  in  non-permeable
     7  plastic,  polyethylene  film or similar material designed to prevent the
     8  passage of contaminants.
     9    § 3. Section 387 of the general business law, as  amended  by  chapter
    10  249 of the laws of 1999, is amended to read as follows:
    11    §  387.  Inspections.  Every place where articles of bedding are made,
    12  remade or renovated, or materials therefor are prepared  or  sterilized,
    13  or  where  such  articles  or  materials  are  sold, shall be subject to
    14  inspection by the secretary of state who shall have power to inspect the
    15  manufacture, sale or delivery, and sanitization of all articles or mate-
    16  rials covered by this article, to open and examine the contents  thereof
    17  and  power  to  seize  and  hold for evidence any article of bedding, in
    18  whole or in part, which the secretary has reason to believe is  made  or
    19  sold  or held in possession in violation of this article.  The frequency
    20  of such inspections shall be at  the  discretion  of  the  secretary  of
    21  state, provided, however, that every place where articles of bedding are
    22  made,  remade or renovated, or materials therefor are prepared or steri-
    23  lized, or where such articles or materials are sold, shall be  inspected
    24  at  least  once  during  any  continuous three year period in which such
    25  place is registered pursuant to this article. For the purpose of  admin-
    26  istering  and  enforcing  the  provisions  of this article the secretary
    27  shall have and may use the powers conferred on him by the executive  law
    28  in addition to the powers conferred in this article.
    29    § 4. This act shall take effect on the one hundred eightieth day after
    30  it shall have become a law.