Chapter 421 Mattresses

421.017 - Label statements and headings.

Steven Groce, Attorney Advertisement

The following statements and headings shall be shown on labels:

(1)"UNDER PENALTY OF LAW THIS TAG SHALL NOT BE REMOVED EXCEPT BY THE CONSUMER" shall appear at the top of the label;

(2)Headings shall read "All New Material" when the material is wholly new; "Secondhand Material" when the material, in whole or in part, has been used for another purpose before being incorporated into the article or material;

(3)Description of filling material as provided in the applicable regulations;

(4)The registry number assigned or approved by the department of health and senior services;

(5)Certification is made by the manufacturer that the materials in this article are described in accordance with law;

(6)For renovated articles, the name and address of the owner;

(7)The finished size of articles of bedding such as sleeping bags, mattresses, comforters, mattress pads, pads, box springs, pillows and similar articles, showing the width and length expressed in inches.Decorator pillows need not show size.

(L. 1999 H.B. 316, et al. § 9)

421.007 - Bedding labels, content — removal of label prohibited — false or misleading labeling prohibited.

1.All bedding manufactured, renovated, sanitized or sold within the state shall bear a clear and conspicuous label that explicitly states whether the bedding is made from all new materials, or is made in whole or in part from secondhand materials.The label on bedding made from all new materials shall be white in color and shall state "ALL NEW MATERIAL" and the label on bedding made in whole, or in part, from secondhand materials shall be yellow in color and shall state "SECONDHAND MATERIALS".Such labels shall also comply with rules issued by the department regarding label dimension, format, informational content, wording, letter size, material, means of placement and affixing to the bedding, and other relevant factors.

2.A person may not remove, deface or alter in whole, or part, a label or any statement on a label to defeat the provisions of sections 421.005 to 421.038.

3.Labels required by sections 421.005 to 421.038 shall be permanently affixed.

4.No person may make a false or misleading statement on any label required pursuant to sections 421.005 to 421.038.

(L. 1999 H.B. 316, et al. § 6, A.L. 2001 S.B. 110)

421.022 - Bedding material grades, specifications and tolerances established by department of health and senior services — rulemaking authority.

The department of health and senior services may establish grades, specifications and tolerances for the kinds and qualities of materials which are used or intended to be used in the manufacture, repair or renovation of used bedding or used filling materials and may approve or adopt designations and rules which are not in conflict with any provisions of sections 421.005 to 421.038, for the labeling of articles filled, with such materials.

(L. 1999 H.B. 316, et al. § 10, A.L. 2001 S.B. 110)

421.014 - Filling materials, contents, uses and percentages to be included in the label — computation of percentage.

The contents and uses and percentage of filling materials used in articles of bedding and in bulk form which is either concealed or not concealed shall be stated on the label.Percentages shall be computed on the basis of avoirdupois weight of the filling material present and shall be designated on the label in order of predominance with the component with the largest content listed first.

(L. 1999 H.B. 316, et al. § 8)

421.034 - Rulemaking authority.

1.The department may adopt all rules necessary to implement sections 421.005 to 421.038, including rules regarding:

(1)Mandatory label dimensions, format, informational content, including the name, address and permit number of the manufacturer, renovator or sanitizer, working, letter size, material, placement and affixing specifications and other relevant requirements;

(2)The procedures and requirements for the application, issuance, renewal, denial, suspension and revocation of each class of permit, including, but not limited to, manufacturers, renovators, sanitizers and sellers;

(3)Adequate notice and opportunity for hearing for persons potentially subject to denial, suspension or revocation; and

(4)Any other substantive, interpretative or procedural rules necessary to implement sections 421.005 to 421.038.

2.In setting standards and procedures pursuant to sections 421.005 to 421.038, including those to protect the public's health and safety, the department may issue rules incorporating by reference uniform standards, norms or testing procedures that are issued, promulgated or accepted by recognized government, public or industry organizations.

(L. 1999 H.B. 316, et al. § 14, A.L. 2001 S.B. 110)

421.038 - Use of secondhand materials, restrictions — label contents.

1.Bedding may not be manufactured in whole, or in part, from any secondhand material unless such material has been sanitized, germicidally treated or cleaned by a method approved by the department.

2.All bedding containing material that is sanitized, germicidally treated or cleaned in accordance with subsection 1 of this section shall bear a clear and conspicuous label that states:

"THIS BEDDING CONTAINS PREVIOUSLY USED MATERIALS WHICH HAVE BEEN CLEANED AND SANITIZED IN A REASONABLE MANNER TO KILL GERMS AND INSECTS AND TO PREVENT INFECTION."

In addition, such label shall state:

(1)The specific methods of sanitizing, germicidal treatment or cleaning applied;

(2)The date on which the article was sanitized, treated or cleaned;

(3)The name, address and permit number of the person applying the sanitizing, treatment or cleaning; and

(4)Specifically which materials or articles have been sanitized, treated or cleaned.

(L. 1999 H.B. 316, et al. § 15)

421.025 - Resale of bedding, previously used material label required.

The repairer or renovator of any bedding which is subsequently sold shall affix the previously used material label, which shall be attached to the article before delivery to the owner.

(L. 1999 H.B. 316, et al. § 11)

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.

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

421.011 - Form and size of bedding labels, approved by director — labeling requirements.

1.The director of the department of health and senior services shall approve the form and size of labels, the fabric of which the labels are made and the wording and statements on such labels, provided for in sections 421.005 to 421.038.

2.Labels required pursuant to sections 421.005 to 421.038 shall be securely attached to the article of bedding or such filling material at the site of the manufacturer, in a conspicuous place where the label can be easily examined.

3.Labels required by sections 421.005 to 421.038 shall have printing only on one side.No advertising matter may be placed on any label or any other printed matter not required by the provisions of sections 421.005 to 421.038.

(L. 1999 H.B. 316, et al. § 7, A.L. 2001 S.B. 110)

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.