Is it illegal to sell a used mattress in North Carolina?

Answer 1

North Carolina General Statutes, 130A 261-273

Part 8. Bedding.

§ 130A-261. Definitions.

The following definitions shall apply throughout this Part:

(1) "Bedding" means any mattress, upholstered spring, sleeping bag, pad,

comforter, cushion, pillow, decorative pillow, and any other padded or

stuffed item designed to be or commonly used for reclining or sleeping.

This definition includes dual purpose furniture such as studio couches

and sofa beds. The term "mattress" does not include water bed liners,

bladders or cylinders unless they contain padding or stuffing. The term

"mattress" also does not include quilts and comforters made principally

by hand sewing or stitching in a home or community workshop.

(2) "Itinerant vendor" means a person who sells bedding from a movable

conveyance.

(3) "Manufacture" means the making of bedding out of new materials.

(4) "New material" means any material or article that has not been used for

any other purpose and by-products of industry that have not been in

human use.

(5) "Previously used material" means any material of which previous use

has been made, but manufacturing processes shall not be considered

previous use.

(6) "Renovate" means the reworking or remaking of used bedding or the

making of bedding from previously used materials, except for the

renovator's own personal use or the use of the renovator's immediate

family.

(7) "Sanitize" means treatment of secondhand bedding or previously used

materials to be used in renovating for the destruction of pathogenic

microorganisms and arthropods and the removal of dirt and filth.

(8) "Secondhand bedding" means any bedding of which prior use has been

made.

(9) "Sell" or "sold" means sell, have to sell, give away in connection with a

sale, delivery or consignment; or possess with intent to sell, deliver or

consign in sale. (1937, c. 298, s. 1; 1957, c. 1357, s. 1; 1959, c. 619; 1965,

c. 579, s. 1; 1983, c. 891, s. 2; 1987, c. 456, s. 1; 1991, c. 223, s. 1; 1993

(Reg. Sess., 1994), c. 647, s. 5.)

§ 130A-262. Sanitizing.

(a) No person shall sell any renovated bedding or secondhand bedding unless it is

sanitized in accordance with rules adopted by the Commission.

(b) A sanitizing apparatus or process shall not be used for sanitizing bedding or

material required to be sanitized under this Part until the apparatus is approved by the

Department.

(c) A person who sanitizes bedding shall attach to the bedding a yellow tag

containing information required by the rules of the Commission.

(d) A person who sanitizes material or bedding for another person shall keep a

complete record of the kind of material and bedding which has been sanitized. The record

shall be subject to inspection by the Department.

(e) A person who receives used bedding for renovation or storage shall attach to

the bedding a tag on which is legibly written the date of receipt and the name and address

of the owner. (1937, c. 298, s. 2; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s.

2; 1987, c. 456, s. 2.)

§ 130A-263. Manufacture regulated.

All materials used in the manufacture of bedding in this State or used in manufactured

bedding to be sold in this State shall be free of toxic materials and shall be made from

new materials. (1937, c. 298, s. 3; 1951, c. 929, s. 2; 1957, c. 1357, s. 1; 1959, c. 619;

1965, c. 579, s. 2; 1971, c. 371, ss. 1, 2; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)

§ 130A-264. Storage of used materials.

No establishment shall store any unsanitized previously used materials in the same

room with bedding or materials that are new or have been sanitized unless the new or

sanitized bedding or materials are completely segregated from the unsanitized materials

in a manner approved by the rules of the Commission. (1937, c. 298, s. 3; 1951, c. 929, s.

2; 1957, c. 1357, s. 1; 1959, c. 619; 1965, c. 579, s. 2; 1971, c. 371, ss. 1, 2; 1973, c. 476,

s. 128; 1983, c. 891, s. 2.)

§ 130A-265. Tagging requirements.

(a) A tag of durable material approved by the Commission shall be sewed securely

to all bedding. The tag shall be at least two inches by three inches in size.

(b) The following shall be plainly stamped or printed upon the tag with ink in

English:

(1) The name and kind of material or materials used to fill the bedding

which are listed in the order of their predominance;

(2) A registration number obtained from the Department; and

(3) In letters at least one-eighth inch high the words "made of new

material", if the bedding contains no previously used material; or the

words "made of previously used materials", if the bedding contains any

previously used material; or the word "secondhand" on any bedding

which has been used but not remade.

(4) Repealed by Session Laws 1987, c. 456, s. 4.

(c) A white tag shall be used for manufactured bedding and a yellow tag for

renovated or sanitized bedding.

(d) The tag must be sewed to the outside covering before the filling material has

been inserted. No trade name, advertisement nor any other wording shall appear on the

tag. (1937, c. 298, ss. 2, 3; 1951, c. 929, s. 2; 1957, c. 1357, s. 1; 1959, c. 619; 1965, c.

579, s. 2; 1971, c. 371, ss. 1, 2; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 1987, c. 456, ss. 3,

4.)

§ 130A-266. Altering tags prohibited.

No person, other than one purchasing bedding for personal use or a representative of

the Department shall remove, deface or alter the tag required by this Part. (1937, c. 298,

s. 4; 1957, c. 1357, s. 1; 1973, c. 476, s. 128; 1983, c. 891, s. 2.)

§ 130A-267. Selling regulated.

(a) No person shall sell any bedding in this State (whether manufactured within or

without this State) which has not been manufactured, tagged, and labeled in the manner

required by this Part and which does not otherwise comply with the provisions of this

Part.

(b) This Part shall not apply to bedding sold by the owner and previous user from

the owner's home directly to a purchaser for the purchaser's own personal use unless the

bedding has been exposed to an infectious or communicable disease.

(c) Possession of any bedding in any store, warehouse, itinerant vendor's

conveyance or place of business, other than a private home, hotel or other place where

these articles are ordinarily used, shall constitute prima facie evidence that the item is

possessed with intent to sell. No secondhand bedding shall be possessed with intent to

sell for a period exceeding 60 days unless it has been sanitized. (1957, c. 1357, s. 1; 1973,

c. 476, s. 128; 1983, c. 891, s. 2; 1987, c. 456, s. 5.)

§ 130A-268. Registration numbers.

(a) All persons manufacturing or sanitizing bedding in this State or manufacturing

bedding to be sold in this State shall apply for a registration number on a form prescribed

by the Secretary. Upon receipt of the completed application and applicable fees, the

Department shall issue to the applicant a certificate of registration showing the person's

name and address, registration number and other pertinent information required by the

rules of the Commission.

(b) to (e) Repealed by Session Laws 1987, c. 456, s. 6. (1937, c. 298, s. 7; 1951, c.

929, s. 1; 1957, c. 1357, s. 1; 1959, c. 619; 1971, c. 371, s. 3; 1973, c. 476, s. 128; 1983,

c. 891, s. 2; 1987, c. 456, s. 6.)

§ 130A-269. Payment of fees; licenses.

(a), (b) Repealed by Session Laws 1987, c. 456, s. 7.

(c) The Department shall administer and enforce this Part. A person who has done

business in this State throughout the preceding calendar year shall obtain a license by

paying a fee to the Department in an amount determined by the total number of bedding

units manufactured, sold, or sanitized in this State by the applicant during the calendar

year immediately preceding, at the rate of five and two tenths cents (5.2¢) per bedding

unit. However, if this amount is less than fifty dollars ($50.00), a minimum fee of fifty

dollars ($50.00) shall be paid to the Department.

(d) A person who has not done business in this State throughout the preceding

calendar year shall obtain a license by paying an initial fee to the Department in the

amount of seven hundred twenty dollars ($720.00) for the first year in which business is

done in this State, prorated in accordance with the quarter of the calendar year in which

the person begins doing business. After submission of proof of business volume in

accordance with subsection (h) of this section for the part of the preceding calendar year

in which the person did business in this State, the Department shall determine the amount

of fee for which the person is responsible for that time period by using a rate of five and

two tenths cents (5.2¢) for each bedding unit. However, if this amount is less than fifty

dollars ($50.00), then the amount of the fee for which the person is responsible shall be

fifty dollars ($50.00). If the person's initial payment is more than the amount of the fee

for which the person is responsible, the Department shall make a refund or adjustment to

the cost of the fee due for the next year in the amount of the difference. If the initial

payment is less than the amount of the fee for which the person is responsible, the person

shall pay the difference to the Department.

(d1) Payments, refunds, and adjustments shall be made in accordance with rules

adopted by the Commission.

(d2) Upon payment of the fees charged pursuant to subsections (c) and (d), or the

first installment thereof as provided by rules adopted by the Commission, the Department

shall issue a license to the person. Licenses shall be kept conspicuously posted in the

place of business of the licensee at all times. The Secretary may suspend a license for a

maximum of six months for two or more serious violations of this Part or of the rules of

the Commission, within any 12-month period.

(e) A maximum fee of seven hundred fifty dollars ($750.00) shall be charged for

units of bedding manufactured in this State but not sold in this State.

(f) For the sole purpose of computing fees for which a person is responsible, the

following definitions shall apply: One mattress is defined as one bedding unit; one

upholstered spring is defined as one bedding unit; one pad is defined as one bedding unit;

one sleeping bag is defined as one bedding unit; five comforters, pillows or decorative

pillows are defined as one bedding unit; and any other item is defined as one bedding

unit.

(g) An application for license must be submitted on a form prescribed by the

Secretary. No license may be issued to a person unless the person complies with the rules

of the Commission governing the granting of licenses.

(h) The Commission shall adopt rules for the proper enforcement of this section.

The rules shall include provisions governing the type and amount of proof which must be

submitted by the applicant to the Department in order to establish the number of bedding

units that were, during the preceding calendar year:

(1) Manufactured and sold in this State;

(2) Manufactured outside of this State and sold in this State; and

(3) Manufactured in this State but not sold in this State.

(i) The Commission may provide in its rules for additional proof of the number of

bedding units sold during the preceding calendar year when it has reason to believe that

the proof submitted by the manufacturer is incomplete, misleading or incorrect. (1937, c.

298, s. 5; 1949, c. 636; 1957, c. 1357, s. 1; 1965, c. 579, s. 3; 1967, c. 771; 1971, c. 371,

ss. 4-7; 1973, c. 476, s. 128; 1983, c. 891, s. 2; 1987, c. 456, s. 7.)

§ 130A-270. Bedding Law Account.

The Bedding Law Account is established as a nonreverting account within the

Department. All fees collected under this Part shall be credited to the Account and

applied to the following costs:

(1) Salaries and expenses of inspectors and other employees who enforce

this Part.

(2) Expenses directly connected with the enforcement of this Part, including

attorney's fees, which are expressly authorized to be incurred by the

Secretary without authority from any other source when in the

Secretary's opinion it is advisable to employ an attorney to prosecute

any persons. (1937, c. 298, s. 5; 1949, c. 636; 1957, c. 1357, s. 1; 1965,

c. 579, s. 3; 1967, c. 771; 1971, c. 371, ss. 4-7; 1973, c. 476, s. 128;

1983, c. 891, s. 2; c. 913, s. 23; 1991 (Reg. Sess., 1992), c. 1039, s.

20.2.)

§ 130A-271. Enforcement by the Department.

(a) The Department shall enforce the provisions of this Part and the rules adopted

by the Commission.

(b) The Secretary may prohibit sale and place an "off sale" tag on any bedding

which is not made, sanitized, or tagged as required by this Part and the rules of the

Commission. The bedding shall not be sold or otherwise removed until the violation is

remedied and the Secretary has reinspected it and removed the "off sale" tag.

(c) A person supplying material to a bedding manufacturer shall furnish an

itemized invoice of all furnished material. Each material entering into willowed or other

mixtures shall be shown on the invoice. The bedding manufacturer shall keep the invoice

on file for one year subject to inspection by the Department.

(d) When the Secretary has reason to believe that bedding is not tagged or filled as

required by this Part, the Secretary shall have authority to open a seam of the bedding to

examine the filling, and, if unable after this examination to determine if the filling is of

the kind stated on the tag, shall have the authority to examine purchase or other records

necessary to determine definitely the kind of material used in the bedding. The Secretary

shall have authority to seize and hold for evidence any records and any bedding or

bedding material which in the Secretary's opinion is made, possessed or offered for sale

in violation of this Part or the rules of the Commission. The Secretary shall have

authority to take a sample of any bedding or bedding material for the purpose of

examination or for evidence. (1937, c. 298, s. 6; 1957, c. 1357, s. 1; 1971, c. 371, s. 8;

1973, c. 476, s. 128; 1983, c. 891, s. 2; 1987, c. 456, s. 8.)

§ 130A-272. Exemptions for blind persons and State institutions.

(a) In cases where bedding is manufactured, sanitized or renovated in a plant or

place of business which has qualified as a nonprofit agency for the blind or severely

handicapped under P.L. 92-28, as amended, the responsible person shall satisfy the

provisions of this Part and the rules of the Commission. However, the responsible

persons at these plants or places of business shall not be required to pay fees in

accordance with G.S. 130A-269.

(b) State institutions engaged in the manufacture, renovation or sanitizing of

bedding for their own use or that of another State institution are exempted from all

provisions of this Part. (1937, c. 298, s. 11; 1957, c. 1357, s. 1; 1971, c. 371 s. 9; 1983, c.

891, s. 2; 1987, c. 456, s. 9.)

§ 130A-273. Rules.

The Commission shall adopt rules required by this Part in order to protect the public

health. (1983, c. 891, s. 2.)

Answer 2

No its not

Answer 3

yes