Bill Text: NY A05607 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires the safe transfer, transport and storage of used bedding (mattresses and box springs) when bought and sold to commercial establishments; defines commercial establishments to include hotels, motels, inns, lodges, hostels and bed and breakfasts; references state regulations on sanitizing used bedding and regulates proximity to new bedding in transport and storage.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to consumer affairs and protection [A05607 Detail]
Download: New_York-2013-A05607-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5607
2013-2014 Regular Sessions
I N A S S E M B L Y
March 4, 2013
___________
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:
1 Section 1. The general business law is amended by adding a new section
2 385-b to read as follows:
3 S 385-B. SAFE TRANSFER, TRANSPORT AND STORAGE OF USED BEDDING. 1. NO
4 USED BEDDING SHALL BE SOLD OR TRANSFERRED TO A COMMERCIAL ESTABLISHMENT
5 UNLESS SUCH BEDDING HAS BEEN:
6 (A) SANITIZED USING A METHOD APPROVED BY THE DEPARTMENT OF HEALTH THAT
7 IS INTENDED TO KILL BEDBUGS, DUST MITES, OTHER INSECTS, MOLDS, FUNGI,
8 GERMS OR OTHER ORGANISMS, AND TO REMOVE SOIL, DUST MITE AND INSECT
9 FECES, ALLERGENS AND OTHER CONTAMINANTS;
10 (B) IF A MATTRESS, TESTED AND CERTIFIED AS FULLY MEETING THE PRODUCT
11 PERFORMANCE REQUIREMENTS SET FORTH IN THE MATTRESS FLAMMABILITY STAND-
12 ARDS ESTABLISHED BY THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION
13 AND CODIFIED AT 16 C.F.R. PARTS 1632 AND 1633 (INCLUDING ANY SUBSEQUENT
14 AMENDMENTS THERETO);
15 (C) PERMANENTLY LABELED WITH A YELLOW TAG STATING IN A CLEAR AND
16 CONSPICUOUS MANNER AND LOCATION THAT:
17 "THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS WHICH HAVE BEEN
18 CLEANED AND SANITIZED IN A REASONABLE MANNER TO KILL GERMS AND INSECTS
19 AND TO PREVENT INFECTION.";
20 (D) FOR MATTRESSES, SUCH TAG SHALL CONTAIN THE FOLLOWING ADDITIONAL
21 STATEMENT IN A CLEAR AND CONSPICUOUS MANNER AND LOCATION:
22 "THIS MATTRESS MEETS THE REQUIREMENTS OF 16 C.F.R. PARTS 1632 AND
23 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.
LBD09356-01-3
A. 5607 2
1 (E) FOR ANY USED MATTRESSES AND BOX SPRING INTENDED FOR SALE OR TRANS-
2 FER TO A COMMERCIAL ESTABLISHMENT, THE TAG REQUIRED BY THIS SECTION
3 SHALL ALSO STATE IN A CLEAR AND CONSPICUOUS MANNER AND LOCATION:
4 "THIS LABEL MAY NOT BE REMOVED FOR ANY REASON AND MUST BE AVAILABLE
5 FOR INSPECTION BY THE GUESTS OF THIS ESTABLISHMENT."
6 2. NO COMMERCIAL ESTABLISHMENT MAY PURCHASE OR OTHERWISE OBTAIN ANY
7 USED BEDDING THAT DOES NOT MEET THE REQUIREMENTS OF THIS SECTION.
8 3. NO COMMERCIAL ESTABLISHMENT THAT PURCHASES OR OTHERWISE OBTAINS ANY
9 USED BEDDING THAT IS LABELED IN ACCORDANCE WITH THIS SECTION MAY REMOVE
10 SUCH LABEL AT ANY TIME.
11 4. ANY PERSON THAT SELLS OR OTHERWISE TRANSFERS OWNERSHIP OF USED
12 BEDDING TO A COMMERCIAL ESTABLISHMENT SHALL:
13 (A) MAINTAIN FOR A PERIOD OF AT LEAST FIVE YEARS APPROPRIATE RECORDS
14 DOCUMENTING THE QUANTITY OF SUCH PRODUCTS IN QUESTION, THE NAME AND
15 ADDRESS OF THE VENDOR AND RECIPIENT OF SUCH PRODUCTS, THE METHOD OF
16 DISPOSITION OF SUCH USED PRODUCTS, INCLUDING, AS RELEVANT, THE DISMANTL-
17 ING, DESTRUCTION, SANITIZATION, AND LABELING OF SUCH PRODUCTS, AND ALL
18 TESTING AND OTHER RECORDS REQUIRED BY 16 C.F.R. PARTS 1632 AND 1633; AND
19 (B) MAKE SUCH RECORDS AVAILABLE FOR INSPECTION BY THE DEPARTMENT OF
20 HEALTH UPON REQUEST.
21 5. NO PERSON ENGAGED IN THE SALE, DISTRIBUTION AND DELIVERY OR TRANS-
22 PORT OF USED BEDDING TO OR FROM A COMMERCIAL ESTABLISHMENT SHALL DELIVER
23 OR TRANSPORT SUCH USED BEDDING IN PROXIMITY TO NEW BEDDING UNLESS SUCH
24 USED BEDDING SHALL HAVE BEEN SANITIZED AS PROVIDED BY DEPARTMENT OF
25 HEALTH REGULATIONS. SUCH PROXIMITY SHALL INCLUDE IN THE SAME TRANSPORT
26 VEHICLE, UNLESS THE NEW BEDDING IS PACKAGED OR WRAPPED IN A SECURE
27 MANNER.
28 6. NO PERSON ENGAGED IN THE SALE OR DISTRIBUTION OF NEW OR USED
29 BEDDING TO A COMMERCIAL ESTABLISHMENT SHALL STORE USED BEDDING IN PROX-
30 IMITY TO NEW BEDDING UNTIL SUCH USED BEDDING HAS BEEN THOROUGHLY SANI-
31 TIZED IN ACCORDANCE WITH DEPARTMENT OF HEALTH REGULATIONS.
32 7. FOR PURPOSES OF THIS SECTION:
33 (A) "COMMERCIAL ESTABLISHMENT" MEANS AN ESTABLISHMENT THAT PROVIDES
34 OVERNIGHT ACCOMMODATIONS TO THE PUBLIC INCLUDING, BUT NOT LIMITED TO,
35 HOTELS, MOTELS, INNS, LODGES, HOSTELS AND BED AND BREAKFASTS.
36 (B) "BEDDING" MEANS MATTRESSES AND BOX SPRINGS.
37 S 2. The department of health shall promulgate regulations for the
38 methods of sanitization to be used to kill bedbugs, dust mites, other
39 insects, molds, fungi, germs or other organisms, and the removal of
40 soil, dust mites and insect feces, allergens and other contaminants on
41 or before the three hundred sixtieth day after the effective date of
42 this act.
43 S 3. This act shall take effect on the earliest of either: the thirti-
44 eth day after regulations for sanitization, as provided in section two
45 of this act, have been finalized by the department of health; or on the
46 three hundred ninetieth day after this act shall have become a law;
47 provided that the commissioner of health shall notify the legislative
48 bill drafting commission upon the occurrence of the enactment of the
49 legislation provided for in this act in order that the commission may
50 maintain an accurate and timely effective data base of the official text
51 of the laws of the state of New York in furtherance of effectuating the
52 provisions of section 44 of the legislative law and section 70-b of the
53 public officers law.
