Section 421.005

Title XXVI TRADE AND COMMERCE

Chapter 421

Effective - 28 Aug 2001   

  421.005.  Definitions. — 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.

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(L. 1999 H.B. 316, et al. § 5, A.L. 2001 S.B. 110)