Section 421.031

Title XXVI TRADE AND COMMERCE

Chapter 421

Effective - 28 Aug 2001   

  421.031.  Random testing and inspection permitted, when — penalties for violations — temporary restraining order issued, when — penalty for mislabeling. — 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.

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(L. 1999 H.B. 316, et al. § 13, A.L. 2001 S.B. 110)