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Senate Bill S7316

Vetoed By Governor

2009-2010 Legislative Session

Provides for the sanitization of every used mattress or bedding material transported, stored or sold in the state

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor

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Bill Amendments

2009-S7316 - Details

See Assembly Version of this Bill:
A7691
Law Section:
General Business Law
Laws Affected:
Amd §§383 & 387, add §385-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S358, A4243
2013-2014: S57, A245, A8476
2015-2016: S1346, A309
2017-2018: S587, A5227

2009-S7316 - Summary

Provides for the sanitization of every used mattress or bedding material transported, stored or sold in the state.

2009-S7316 - Sponsor Memo

2009-S7316 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7316

                            I N  S E N A T E

                             March 29, 2010
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in  relation  to  articles  of
  bedding

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 3 of section 383 of the general business
law, as added by chapter 309 of the laws of 1996, are amended to read as
follows:
  2. "New" shall mean any material or article which has not been  previ-
ously  used for any purpose, including by-products produced in the manu-
facture of new fabric, and material reclaimed from new  fabric[;  except
that  an  article  of  bedding  returned  by the purchaser for exchange,
alteration, or correction, within thirty days  after  date  of  delivery
after  original sale at retail, shall be deemed to be a new article, but
thirty days after date of such delivery such article shall be deemed  to
be used];
  3.  "Used"  shall  mean  any  components,  ARTICLES  OR MATERIALS from
[previously used] bedding NOT CLASSIFIED AS NEW.
  S 2. Subdivision 1 of section 385 of  the  general  business  law,  as
amended  by  chapter  249  of  the  laws  of 1999, is amended to read as
follows:
  1. Every manufacturer of used bedding sold in this state  and  repair-
er-renovator  or  rebuilder  of  bedding sold in this state shall file a
notice with the department of state  which:  (a)  states  its  name  and
address; [and] (b) affirms that it sanitizes its used bedding in accord-
ance  with  the standards established in regulation by the department of
state in consultation with the department of health; AND  (C)  DESCRIBES
THE MANNER OF SANITIZATION AND CHEMICALS USED.
  S 3. The general business law is amended by adding a new section 385-b
to read as follows:
  S 385-B.  TRANSPORT, STORAGE AND SALE OF USED BEDDING. NO USED BEDDING
SHALL  BE  TRANSPORTED,  STORED OR SOLD WITH NEW BEDDING UNLESS THE USED
BEDDING HAS BEEN: SANITIZED USING A METHOD APPROVED BY THE DEPARTMENT OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

2009-S7316A - Details

See Assembly Version of this Bill:
A7691
Law Section:
General Business Law
Laws Affected:
Amd §§383 & 387, add §385-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S358, A4243
2013-2014: S57, A245, A8476
2015-2016: S1346, A309
2017-2018: S587, A5227

2009-S7316A - Summary

Provides for the sanitization of every used mattress or bedding material transported, stored or sold in the state.

2009-S7316A - Sponsor Memo

2009-S7316A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7316--A

                            I N  S E N A T E

                             March 29, 2010
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in  relation  to  articles  of
  bedding

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 3 of section 383 of the general business
law, as added by chapter 309 of the laws of 1996, are amended to read as
follows:
  2. "New" shall mean any material or article which has not been  previ-
ously  used for any purpose, including by-products produced in the manu-
facture of new fabric, and material reclaimed from new  fabric[;  except
that  an  article  of  bedding  returned  by the purchaser for exchange,
alteration, or correction, within thirty days  after  date  of  delivery
after  original sale at retail, shall be deemed to be a new article, but
thirty days after date of such delivery such article shall be deemed  to
be used];
  3.  "Used"  shall  mean  any  components,  ARTICLES  OR MATERIALS from
[previously used] bedding NOT CLASSIFIED AS NEW.
  S 2. The general business law is amended by adding a new section 385-b
to read as follows:
  S 385-B.  TRANSPORT, STORAGE AND SALE OF USED BEDDING. NO USED BEDDING
SHALL BE TRANSPORTED, STORED OR SOLD WITH NEW BEDDING  UNLESS  THE  USED
BEDDING HAS BEEN: SANITIZED USING A METHOD APPROVED BY THE DEPARTMENT OF
HEALTH  THAT  IS  INTENDED  TO  KILL BEDBUGS, DUST MITES, OTHER INSECTS,
MOLDS, FUNGI, GERMS OR OTHER ORGANISMS, AND TO REMOVE  SOIL,  DUST  MITE
AND  INSECT  FECES,  ALLERGENS,  AND  OTHER CONTAMINANTS; OR ENCLOSED IN
PLASTIC, POLYETHYLENE FILM OR SIMILAR MATERIAL DESIGNED TO  PREVENT  THE
PASSAGE OF CONTAMINANTS.
  S  3.  Section  387 of the general business law, as amended by chapter
249 of the laws of 1999, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10902-05-0
              

co-Sponsors

2009-S7316B (ACTIVE) - Details

See Assembly Version of this Bill:
A7691
Law Section:
General Business Law
Laws Affected:
Amd §§383 & 387, add §385-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S358, A4243
2013-2014: S57, A245, A8476
2015-2016: S1346, A309
2017-2018: S587, A5227

2009-S7316B (ACTIVE) - Summary

Provides for the sanitization of every used mattress or bedding material transported, stored or sold in the state.

2009-S7316B (ACTIVE) - Sponsor Memo

2009-S7316B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7316--B

                            I N  S E N A T E

                             March 29, 2010
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee  and  committed to the Committee on Codes -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT  to  amend  the general business law, in relation to articles of
  bedding

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 3 of section 383 of the general business
law, as added by chapter 309 of the laws of 1996, are amended to read as
follows:
  2.  "New" shall mean any material or article which has not been previ-
ously used for any purpose, including by-products produced in the  manu-
facture  of  new fabric, and material reclaimed from new fabric[; except
that an article of bedding  returned  by  the  purchaser  for  exchange,
alteration,  or  correction,  within  thirty days after date of delivery
after original sale at retail, shall be deemed to be a new article,  but
thirty  days after date of such delivery such article shall be deemed to
be used];
  3. "Used" shall  mean  any  components,  ARTICLES  OR  MATERIALS  from
[previously used] bedding NOT CLASSIFIED AS NEW.
  S 2. The general business law is amended by adding a new section 385-b
to read as follows:
  S 385-B.  TRANSPORT, STORAGE AND SALE OF USED BEDDING. NO USED BEDDING
SHALL  BE  TRANSPORTED,  STORED OR SOLD WITH NEW BEDDING UNLESS THE USED
BEDDING HAS BEEN: SANITIZED USING A METHOD APPROVED BY THE DEPARTMENT OF
HEALTH THAT IS INTENDED TO KILL  BEDBUGS,  DUST  MITES,  OTHER  INSECTS,
MOLDS,  FUNGI,  GERMS  OR OTHER ORGANISMS, AND TO REMOVE SOIL, DUST MITE
AND INSECT FECES, ALLERGENS, AND  OTHER  CONTAMINANTS;  OR  ENCLOSED  IN
PLASTIC,  POLYETHYLENE  FILM OR SIMILAR MATERIAL DESIGNED TO PREVENT THE
PASSAGE OF CONTAMINANTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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