S T A T E   O F   N E W   Y O R K
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                                  8476

                          I N  A S S E M B L Y

                            January 16, 2014
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and 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. 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-
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01099-01-3
              

A. 8476                             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
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.