Is it legal to sell used mattress in NC?

Answer 1

According to Tennessee Code Annotated Section 47-18-104 and Title 68, Chapter 16, Part 2 Relative to mattresses, the answer to your question is no. Punishable as a class C misdemeanor for 1st offense, a class B for second offense and Class A for the third offense with fines for each class.

Norma Brinkley

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Actually this does not appear to be correct. It does appear to be legal to sell a used mattress in Tennessee. But a retailer must mark or "tag" the item as such. The code sited above refers to the rules regarding the "tagging" of used or "secondhand" mattresses.

However, pursuant to Section 68-15-207, these rules do not appear to apply to a mattress sold by the owner of the mattress or "householder". If you are smart and keep the tags on the mattress and notify the buyer that it is a used mattress, I do not see any legal issues.

68-15-207. Exceptions. -

The provisions of this part do not apply to:

(1) The sale by a householder of bedding that was owned and used by the householder or the householder's family and was not acquired for the purpose of resale;

Source: mitchie.com

Answer 2

Yes, it is legal to sell a used mattress in the state of Georgia. Although federal law does require any mattress that contains used stuffing to bear a tag or label saying so,Georgia law imposes no requirements for labeling or sanitizing a mattress that has been used before it is resold. This is true whether the seller is an individual, a second-hand store or a retailer.

While selling a mattress that is less than new does not in itself violate state law, this would be a violation of theGeorgia Fair Business Practices Act if the bedding were specifically represented by the seller as being new-rather than being sold "as is," with no such claim.