Senate Bill S358A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 12, 2012	committee discharged and committed to rules
Feb 21, 2012	notice of committee consideration - requested
Jan 04, 2012	referred to consumer protection
Jun 17, 2011	print number 358a
Jun 17, 2011	amend and recommit to consumer protection
Jan 05, 2011	referred to consumer protection

Bill Amendments

Original

A (Active)

2011-S358 - Details

See Assembly Version of this Bill:: A4243
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §§383 & 387, add §385-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7316, A7691
2013-2014: S57, A245, A8476
2015-2016: S1346, A309
2017-2018: S587, A5227

2011-S358 - Summary

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

2011-S358 - Sponsor Memo

                                BILL NUMBER:S358

TITLE OF BILL:
An act
to amend the general business law, in relation to articles of bedding

PURPOSE:
This bill addresses the growing concerns regarding infestations of
bedbugs.

SUMMARY OF PROVISIONS:
This bill amends Article 25 (Articles of Bedding) of the general
business law.

Section 383 eliminates the exception for "new" that permitted bedding
that was brought back to the sales location within thirty-days to
still be classified as "new." The definition of "used" is amended and
clarified.

Section 385 requires the additional disclosure on the mandated label
requirement for information regarding the manner of sanitization and
chemicals used for such cleansing.

Section 385-b details how used bedding is transported, stored or sold.

Section 387 will require annual inspections of bedding manufacturers.

Section 389-a amends the labeling requirement to require notice that
the bedding is used and that such material has been sanitized.

Section 389-c institutes penalties including the cost of the mattress,
costs for sanitizing said mattress and medical expenses.

JUSTIFICATION:
Bedbugs have become more prevalent. News releases have indicated that
bedbugs have appeared in the country's finest hotels like the Ramada
Plaza in San Francisco; the five-star Westin resort in Hollywood,
Florida; and the Regency Inn and Suites in New York City. According
to the National Pest Management Association, bed bug complaints have
increased 50-fold over the last five years, appearing in apartments,
mansions and dormitories in nearly every comer of the country. At one
point this pest was virtually eliminated, however, it has made a
comeback. The problem has even seen legislation proposed at the
federal level. In 2008, Rep. G. K. Butterfield sponsored the "Don't
Let the Bed Bugs Bite Act of 2008."

Cross contamination between contaminated used and new furniture has
contributed to the spread of this pest. This legislation address the
need for sanitizing second-hand bedding, and preventing
used bedding that has not been sanitized from being transported,
stored, or sold with new bedding.

LEGISLATIVE HISTORY:
2010: S.7316-B/A.7691-C (Veto Memo
 6735)


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.

2011-S358 - Bill Text download pdf

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

                                   358

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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. 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.
                                                           LBD02964-01-1

S. 358                              2

  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:
  S  387.  Inspections.  Every place where articles of bedding are made,
remade or renovated, or materials therefor are prepared  or  sterilized,
or where such articles or materials are sold, shall be subject to ANNUAL
inspection by the secretary of state who shall have power to inspect the
manufacture, sale or delivery, and sanitization of all articles or mate-
rials  covered by this article, to open and examine the contents thereof
and power to seize and hold for evidence  any  article  of  bedding,  in
whole  or  in part, which the secretary has reason to believe is made or
sold or held in possession in violation of this article. For the purpose
of administering and enforcing the provisions of this article the secre-
tary shall have and may use the powers conferred on him by the executive
law in addition to the powers conferred in this article.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

2011-S358A (ACTIVE) - Details

See Assembly Version of this Bill:: A4243
Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Amd §§383 & 387, add §385-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7316, A7691
2013-2014: S57, A245, A8476
2015-2016: S1346, A309
2017-2018: S587, A5227

2011-S358A (ACTIVE) - Summary

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

2011-S358A (ACTIVE) - Sponsor Memo

2011-S358A (ACTIVE) - Bill Text download pdf

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

                                 358--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

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.  1.  NO  USED
BEDDING SHALL BE STORED OR SOLD WITH NEW BEDDING UNLESS THE USED BEDDING
HAS BEEN SANITIZED IN ACCORDANCE WITH THE STANDARDS ESTABLISHED IN REGU-
LATION  BY  THE  DEPARTMENT  OF  STATE PURSUANT TO SECTION THREE HUNDRED
EIGHTY-FIVE OF THIS ARTICLE.
  2. NO USED BEDDING SHALL BE TRANSPORTED WITH NEW  BEDDING  UNLESS  THE
USED  BEDDING HAS BEEN SANITIZED IN ACCORDANCE WITH THE STANDARDS ESTAB-

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

                                                           LBD02964-03-1

S. 358--A                           2

LISHED IN REGULATION BY THE DEPARTMENT  OF  STATE  PURSUANT  TO  SECTION
THREE  HUNDRED  EIGHTY-FIVE OF THIS ARTICLE OR ENCLOSED IN NON-PERMEABLE
PLASTIC, POLYETHYLENE FILM OR SIMILAR MATERIAL DESIGNED TO  PREVENT  THE
PASSAGE OF CONTAMINANTS.  SHIPPING BAGS OR SIMILAR PRODUCTS SHALL NOT BE
USED AS THE NON-PERMEABLE COVER REQUIRED BY THIS SUBDIVISION.
  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:
  S 387. Inspections. Every place where articles of  bedding  are  made,
remade  or  renovated, or materials therefor are prepared or sterilized,
or where such articles or  materials  are  sold,  shall  be  subject  to
inspection by the secretary of state who shall have power to inspect the
manufacture, sale or delivery, and sanitization of all articles or mate-
rials  covered by this article, to open and examine the contents thereof
and power to seize and hold for evidence  any  article  of  bedding,  in
whole  or  in part, which the secretary has reason to believe is made or
sold or held in possession in violation of this article.  THE  FREQUENCY
OF  SUCH  INSPECTIONS  SHALL  BE  AT  THE DISCRETION OF THE SECRETARY OF
STATE, PROVIDED, HOWEVER, THAT EVERY PLACE WHERE ARTICLES OF BEDDING ARE
MADE, REMADE OR RENOVATED, OR MATERIALS THEREFORE ARE PREPARED OR STERI-
LIZED, OR WHERE SUCH ARTICLES OR MATERIALS ARE SOLD, SHALL BE  INSPECTED
AT  LEAST  ONCE  DURING  ANY  CONTINUOUS THREE YEAR PERIOD IN WHICH SUCH
PLACE IS REGISTERED PURSUANT TO THIS ARTICLE. For the purpose of  admin-
istering  and  enforcing  the  provisions  of this article the secretary
shall have and may use the powers conferred on him by the executive  law
in addition to the powers conferred in this article.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Senate Bill S358A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

2011-S358 - Details

2011-S358 - Summary

2011-S358 - Sponsor Memo

2011-S358 - Bill Text download pdf

2011-S358A (ACTIVE) - Details

2011-S358A (ACTIVE) - Summary

2011-S358A (ACTIVE) - Sponsor Memo

2011-S358A (ACTIVE) - Bill Text download pdf

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Sponsored By

Jose Peralta

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

2011-S358 - Details

2011-S358 - Summary

2011-S358 - Sponsor Memo

2011-S358 - Bill Text download pdf

2011-S358A (ACTIVE) - Details

2011-S358A (ACTIVE) - Summary

2011-S358A (ACTIVE) - Sponsor Memo

2011-S358A (ACTIVE) - Bill Text download pdf

Comments