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S00057 Text:

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

                                          57

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       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:

    1    Section 1. Subdivisions 2 and 3 of section 383 of the general business
    2  law, as added by chapter 309 of the laws of 1996, are amended to read as
    3  follows:
    4    2. "New" shall mean any material or article which has not been  previ-
    5  ously  used for any purpose, including by-products produced in the manu-
    6  facture of new fabric, and material reclaimed from new  fabric[;  except
    7  that  an  article  of  bedding  returned  by the purchaser for exchange,
    8  alteration, or correction, within thirty days  after  date  of  delivery
    9  after  original sale at retail, shall be deemed to be a new article, but
   10  thirty days after date of such delivery such article shall be deemed  to
   11  be used];
   12    3.  "Used"  shall  mean  any  components,  ARTICLES  OR MATERIALS from
   13  [previously used] bedding NOT CLASSIFIED AS NEW.
   14    S 2. The general business law is amended by adding a new section 385-b
   15  to read as follows:
   16    S 385-B.  TRANSPORT, STORAGE AND SALE OF  USED  BEDDING.  1.  NO  USED
   17  BEDDING SHALL BE STORED OR SOLD WITH NEW BEDDING UNLESS THE USED BEDDING
   18  HAS BEEN SANITIZED IN ACCORDANCE WITH THE STANDARDS ESTABLISHED IN REGU-
   19  LATION  BY  THE  DEPARTMENT  OF  STATE PURSUANT TO SECTION THREE HUNDRED
   20  EIGHTY-FIVE OF THIS ARTICLE.
   21    2. NO USED BEDDING SHALL BE TRANSPORTED WITH NEW  BEDDING  UNLESS  THE
   22  USED  BEDDING HAS BEEN SANITIZED IN ACCORDANCE WITH THE STANDARDS ESTAB-
   23  LISHED IN REGULATION BY THE DEPARTMENT  OF  STATE  PURSUANT  TO  SECTION
   24  THREE  HUNDRED  EIGHTY-FIVE OF THIS ARTICLE OR ENCLOSED IN NON-PERMEABLE

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01099-01-3
       S. 57                               2

    1  PLASTIC, POLYETHYLENE FILM OR SIMILAR MATERIAL DESIGNED TO  PREVENT  THE
    2  PASSAGE OF CONTAMINANTS.  SHIPPING BAGS OR SIMILAR PRODUCTS SHALL NOT BE
    3  USED AS THE NON-PERMEABLE COVER REQUIRED BY THIS SUBDIVISION.
    4    S  3.  Section  387 of the general business law, as amended by chapter
    5  249 of the laws of 1999, is amended to read as follows:
    6    S 387. Inspections. Every place where articles of  bedding  are  made,
    7  remade  or  renovated, or materials therefor are prepared or sterilized,
    8  or where such articles or  materials  are  sold,  shall  be  subject  to
    9  inspection by the secretary of state who shall have power to inspect the
   10  manufacture, sale or delivery, and sanitization of all articles or mate-
   11  rials  covered by this article, to open and examine the contents thereof
   12  and power to seize and hold for evidence  any  article  of  bedding,  in
   13  whole  or  in part, which the secretary has reason to believe is made or
   14  sold or held in possession in violation of this article.  THE  FREQUENCY
   15  OF  SUCH  INSPECTIONS  SHALL  BE  AT  THE DISCRETION OF THE SECRETARY OF
   16  STATE, PROVIDED, HOWEVER, THAT EVERY PLACE WHERE ARTICLES OF BEDDING ARE
   17  MADE, REMADE OR RENOVATED, OR MATERIALS THEREFORE ARE PREPARED OR STERI-
   18  LIZED, OR WHERE SUCH ARTICLES OR MATERIALS ARE SOLD, SHALL BE  INSPECTED
   19  AT  LEAST  ONCE  DURING  ANY  CONTINUOUS THREE YEAR PERIOD IN WHICH SUCH
   20  PLACE IS REGISTERED PURSUANT TO THIS ARTICLE. For the purpose of  admin-
   21  istering  and  enforcing  the  provisions  of this article the secretary
   22  shall have and may use the powers conferred on him by the executive  law
   23  in addition to the powers conferred in this article.
   24    S 4. This act shall take effect on the one hundred eightieth day after
   25  it shall have become a law.
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