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H.502

Introduced by   Representatives Nuovo of Middlebury and Hosford of Waitsfield

Referred to Committee on

Date:

Subject:  Commerce and trade; upholstered seating furniture and bedding; fire retardant required

Statement of purpose:  This bill proposes to require that all bedding and upholstered seating furniture manufactured or offered for sale in Vermont be made of fire retardant material and labeled as such.

AN ACT RELATING TO FIRE RETARDANT BEDDING AND UPHOLSTERED FURNITURE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  9 V.S.A. § 2941 is amended to read:

§ 2941.  BEDDING AND UPHOLSTERED SEATING FURNITURE; USED

               MATERIAL PROHIBITED; FIRE RETARDANT REQUIRED

(a)  A person shall not manufacture for purposes of sale, sell or offer or expose for sale, or have in possession with intent to sell any article of bedding or article of upholstered furniture the filling of which shall have has been previously used for like purpose in other bedding or upholstered furniture. Possession by a manufacturer of or dealer in bedding or upholstered furniture of any article of bedding or article of upholstered furniture the filling of which shall have has been previously used for like purpose in other bedding or upholstered furniture shall be prima facie evidence that such article is being manufactured, remade or renovated or is offered for sale in of a violation of this chapter section.

(b)  A person shall not use in the manufacture of or offer for sale any article of bedding or article of upholstered furniture for purposes of sale, or sell, or offer or expose for sale, or have in his possession for the purpose of such use or for sale or for use in the remaking or renovating of any such article, any material which that has previously been used in or about a hospital, or on or about the person of anyone any individual having an infectious or contagious disease, nor shall any person sell, or offer or expose for sale, any article containing materials which that have previously been so used.

(c)  All bedding and upholstered seating furniture sold or offered for sale by an importer, manufacturer, or wholesaler for use in this state, including reupholstered furniture to which filling materials are added, shall be fire retardant and shall meet a resistance to open-flame test based on a test method based on ASTME 1590.

Sec. 2.  9 V.S.A. § 2942 is amended to read:

§ 2942.  TAGGING OF BEDDING AND FURNITURE

(a)  A person shall not manufacture for purposes of sale, sell or offer or expose for sale, or have in possession with intent to sell any article of bedding or article of upholstered furniture unless there is plainly marked upon each such article or upon a tag sewed thereon, or otherwise a tag is sewn or securely attached thereto, a statement in the to each article.  The tag shall be in the English language, containing no misleading terms or descriptions of and clearly describe the kind of material used for filling in the manufacture of such the article, the name of the manufacturer or vendor, and a statement that such the article contains all new material, and unless, if any such.  If the article is enclosed in a bale, box, crate, or other receptacle, there shall be plainly marked upon such receptacle, or upon a tag securely attached thereto, a statement that the contents of the package are marked as herein required the receptacle shall be clearly marked or a tag stating the contents of the package shall be securely attached.  Possession of any article of bedding or article of upholstered furniture not marked as provided herein, by any person engaged in the business of manufacturing, selling, or offering for sale any such article, shall be prima facie evidence that such article is being manufactured or is offered or exposed for sale in violation of the provisions of this section.  The tag required by this section shall be at least three inches by four inches in dimensions and made of cloth or with a cloth back, or, in the case of articles of upholstered furniture, of paper or cloth, and shall be permanently pasted or attached to each such article.

(b)  Each article of new or reupholstered bedding or upholstered seating furniture manufactured or offered for sale in this state shall be conspicuously labeled with a tag that is in compliance with the size requirements of subsection (a) of this section and states that the article is fire retardant.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us