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[Utah Code Table of Contents]
[TITLE 4. Table of Contents]
4-10-1 Short title.
This chapter shall be known and may be cited as the "Bedding,
Upholstered Furniture and Quilted Clothing Inspection Act."
1979
4-10-2 Definitions.
As used in this chapter:
(1) "Article" means any bedding, upholstered furniture, quilted clothing, or filling material.
(2) "Bedding" means any quilted, packing, mattress or hammock pad; or any mattress, boxsprings, comforter, quilt, sleeping bag, studio couch, pillow or cushion made with any filling material which can be used for sleeping or reclining.
(3) "Filling material" means any cotton, wool, kapok, feathers, down, hair or other material, or any combination of such material, whether loose or in bags, bales, batting, pads, or other prefabricated form which is, or can be, used in bedding, upholstered furniture or quilted clothing.
(4) "Label" means the display of written, printed, or graphic matter upon a tag or upon the immediate container of any bedding, upholstered furniture, quilted clothing, or filling material.
(5) "Manufacture" means to make, process, or prepare from new or secondhand material, in whole or in part, any bedding, upholstered furniture, quilted clothing, or filling material for sale; but does not include isolated sales of such articles by persons who are not primarily engaged in the making, processing, or preparation of such articles.
(6) "New material" means any article not previously used for any purpose.
(7) "Owner's own material" means any article owned or in the possession of a person for such person's own or a tenant's use which is sent to another person for manufacture or repair.
(8) "Quilted clothing" means any quilted garment or apparel, exclusive of trim used for aesthetic effect, or any stiffener, shoulder pads, interfacing, or other material which is made in whole or in part from filling material and sold or offered for sale.
(9) "Repair" means to restore, recover, alter, or renew bedding, upholstered furniture, or quilted clothing for a consideration.
(10) "Retailer" means a person who sells bedding, upholstered furniture, quilted clothing, or filling material to consumers for use primarily for personal, family, household, or business purposes.
(11) "Sale" or "sell" means to offer or expose for sale, barter, trade, deliver, consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling material; but does not include any judicial, executor's, administrator's, or guardian's sale of such items.
(12) "Secondhand material" means any filling material which has previously been used in an article.
(13) "Tag" means a card, flap, or strip attached to any article for the purpose of displaying information required by this chapter or under regulations promulgated pursuant to it.
(14) "Upholstered furniture" means any portable or fixed furniture, except fixed seats in motor vehicles, boats, or aircraft, which is made in whole or in part with filling material, exclusive of trim used for aesthetic effect.
(15) "Wholesaler" means a person who offers any article
for resale.
1979
4-10-3 Authority to make and enforce rules.
The department is authorized, subject to Title 63, Chapter
46a, Utah Administrative Rulemaking Act, to make and enforce
such rules as in its judgment are necessary to administer
and enforce this chapter.
1995
4-10-4 Manufacture, repair, or wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material - License required.
It is unlawful for any person to engage in the manufacture,
repair, or wholesale sale of any bedding, upholstered furniture,
quilted clothing, or filling material without a license issued
by the department.
1979
4-10-5 License - Application - Fees - Expiration - Renewal.
(1) Application for a license to manufacture, repair, or to engage in the wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material shall be made to the department on forms prescribed and furnished by it. Upon receipt of a proper application and payment of the appropriate license fee, the commissioner, if satisfied that the convenience and necessity of the industry and the public will be served, shall issue to the applicant a license to engage in the particular activity through December 31 of the year in which the license is issued, subject to suspension or revocation for cause. Persons doing business under more than one name shall be licensed for each name under which business is conducted.
(2) The annual license fee for each license issued under this chapter shall be determined by the department pursuant to Subsection 4-2-2 (2).
(3) Each license issued under this chapter is renewable for a period of one year upon the payment of the applicable amount for the particular license sought to be renewed on or before December 31 of each year.
(4) A person who holds a valid manufacturer's license may, upon application, be licensed as a wholesale dealer, supplier, or repairer without the payment of an additional license fee.
(5) A person who is not licensed during the preceding
year may, if otherwise qualified, obtain a license after
July 1 for one-half of the applicable amount.
1985
4-10-6 Unlawful acts specified.
It is unlawful for any person to:
(1) sell bedding, upholstered furniture, quilted clothing, or filling material as new unless it is made from new material and properly tagged;
(2) sell bedding, upholstered furniture, quilted clothing or filling material made from secondhand material which is not properly tagged;
(3) use burlap or other material which has been used for packing or baling, or to use any unsanitary, filthy, or vermin or insect infected filling material in the manufacture or repair of any article;
(4) sell bedding, upholstered furniture, quilted clothing or filling material which is not properly tagged regardless of point of origin;
(5) use any false or misleading statement, term, or designation on any tag; or
(6) use any false or misleading label.
1979
4-10-7 Bedding, upholstered furniture, and filling material to be tagged - Tag size - Information required on tag - Quilted clothing tagged in conformance with Federal Textile Fiber Identification Act - Removal of tags.
(1) All bedding, upholstered furniture, and filling material shall be securely tagged by the manufacturer or repairer. Tags shall be at least six square inches and plainly and indelibly labeled with such information as the department requires by regulation together with the words "All New Material," "Secondhand Material," or "Owner's Material," (depending upon the type filling material used) stamped or printed on the label. Each label shall be placed on the article in such a position as to facilitate ease of examination.
(2) If more than one type of filling material is used, its component parts shall be listed in descending order by weight or by percentages. If descriptive statements are made about the frame, cover, or style of the article, such statements shall, in fact, be true. All quilted clothing shall be tagged and labeled in conformity with the Federal Textile Fiber Identification Act.
(3) No person, except the purchaser, may remove, deface,
or alter a tag attached pursuant to this chapter.
1979
4-10-8 Use of rubber stamp or stencil authorized - Conditions for use.
A rubber stamp or stencil may be used instead of a tag
on articles with slip covers if the article has a smooth
backing, or on suitable surfaces of containers or bales of
filling material; provided, the information required by Section
4-10-7
is indelible and legible.
1979
4-10-9 Sale of bedding, upholstered furniture, quilted clothing, or filling material - Tag, stamp, or stencil required - Secondhand material to bear tag - Presumption - Owner's own material to be tagged.
No wholesaler or retailer shall sell any bedding, upholstered furniture, quilted clothing, or prefabricated filling material, whether the point of origin of such article is inside or outside the state, unless it is appropriately tagged under Section 4-10-7 , or unless it is appropriately stamped or stenciled under Section 4-10-7 or 4-10-8 . A retailer who sells used articles shall attach a secondhand material tag before sale. Possession of an article by a person who regularly engages in the manufacture, repair, wholesale, or supply of such articles is presumptive evidence of intent to sell.
A person who repairs "owner's own material" shall immediately
upon its receipt attach an owner's material tag to the article.
The tag shall remain attached to the article until it is
actually in the process of repair and shall be reattached
upon completion of repair.
1979
4-10-10 Enforcement - Inspection authorized - Samples - Reimbursement for samples - Warrants.
(1) The department shall have access to public and private premises where articles subject to this chapter are manufactured, repaired, stored, or sold for the purpose of determining compliance with this chapter. For purposes of determining compliance, it may open any upholstered furniture, bedding, or quilted clothing to obtain a sample for inspection and analysis of filling material; or, if deemed appropriate, take the entire article for inspection and analysis. Upon request, the department shall reimburse the owner or person from whom the sample or article is taken for the actual cost of the sample or article.
(2) The department may proceed immediately, if admittance
is refused, to obtain an ex parte warrant from the nearest
court of competent jurisdiction to allow entry upon the premises
for the purpose of making inspections and taking samples
or articles.
1979
4-10-11 Stop sale, use, or removal order authorized - Conditions for release specified - Condemnation or seizure - Procedure specified - Award of costs authorized.
(1) The department may issue a "stop sale, use, or removal order" to any manufacturer, repairer, wholesaler, or retailer of any designated article or articles which it finds or has reason to believe violates this chapter. The order shall be in writing and no article subject to it shall be removed, offered, or exposed for sale, except upon subsequent written release by the department. Before a release is issued, the department may require the manufacturer, repairer, wholesaler, or retailer of the "stopped" article to pay the expense incurred by the department in connection with the withdrawal of the article from the market.
(2) The department is authorized in a court of competent jurisdiction to seek an order of seizure or condemnation of any article which violates this chapter or, upon proper grounds, to obtain a temporary restraining order or permanent injunction to prevent violation of this chapter. No bond shall be required of the department in an injunctive proceeding brought under this section.
(3) If condemnation is ordered, the article shall be disposed of as the court directs; provided, that in no event shall it order condemnation without giving the claimant of the article an opportunity to apply to the court for permission to bring the article into conformance, or for permission to remove it from the state.
(4) If the court orders condemnation, court costs, fees,
storage, and other costs shall be awarded against the claimant
of the article.
1979
