Chap. 263.—An ACT to prohibit the using of certain kinds of materials in the
making or remaking of mattresses and certain other articles of bedding; to
prohibit the selling, leasing, et cetera, of such articles, which have not been
sterilized and disinfected; to require every person engaged in sterilizing and
disinfecting such articles to obtain a permit to do so; to provide for inspection
of certain places; to require certain tags to. be placed on certain articles of
bedding and certain adhesive stamps to be placed on such tags; to provide for
the sale of such stamps and how the proceeds thereof shall be disposed of; to
charge the State Board of Health with the administration of this act; and to
prescribe penalties for violations. [H B 320]

Approved March 25, 1946

Be it enacted by the General Assembly of Virginia:
1. Section 1. Definitions—The following words, as used in this
act, shall have the following meanings, unless the context otherwise re-
quires :

(1) “Mattress” means any mattress, mattress pad, mattress pro-
tector, box spring, upholstered spring, or quilted pad, which is stuffed,
padded or filled with any soft material, and whether containing metal
springs or not, designed or made for use on a bed or couch for sleeping
or reclining purposes.

(2) ‘Pillow’, “bolster” or “featherbed” means any bag, case or
covering made of textile material and stuffed with feathers, down or
other soft material, designed or made for use on a bed or couch for
sleeping or reclining purposes.

(3) “Comfortable” means any cover, quilt or quilted article, made
of textile material and stuffed or filled with any soft material, designed
or made for use on a bed or couch for sleeping purposes.

(4) “New” means any material or article which has not been
previously used for any purpose. Manufacturing processes shall not be
considered a prior use.

(5) “Secondhand” means any article or material of which prior
use has been made.

(6) “Shoddy” means any material which has been spun into yarn,
knit or woven into fabric and subsequently cut up, torn up, broken or
ground up.

(7) “Person” includes persons, corporations, partnerships, and
associations.

(8) “Commissioner” means the State Health Commissioner.

Section 2. No person shall use in making, remaking or renovat-
ing of any mattress, pillow, bolster, featherbed or comfortable any mater-
ial known as shoddy or any fabric from which shoddy is made; or any
secondhand material ; or any new or secondhand feathers or down, unless
such shoddy, secondhand material and feathers or down have been
thoroughly sterilized and disinfected by a reasonable process approved
by the State Health Commissioner.

Section 3. No person shall sell, lease, offer to sell.or lease, deliver,
or consign in sale or lease, any article mentioned in the preceding section,
made, remade or renovated in violation of this act, or any secondhand
article covered by this act, unless since last used, it has been thoroughly
sterilized and disinfected by a reasonable process approved by the Com-
missioner.

Section 4. Any person desiring to secure approval of the process
by which the materials or articles named in sections one and two of this
Act are sterilized and disinfected, shall submit to the Commissioner a
plan of such apparatus and the process intended to be used for such
sterilization and disinfection, and upon approval a numbered permit
for its use shall be issued. Such permit shall expire one year from date
of issue, and there shall be paid by the applicant to the Commissioner
at the time of issue thereof, the sum of twenty-five dollars ($25.00).
Nothing herein shall prevent any person engaged in the manufacture,
renovation or sale of any article or material which requires sterilizing
and disinfecting under the provisions of this act, from having such steril-
izing and disinfecting performed by any person who has a valid permit
for such purposes, provided the number of such permit appears on the
tag, hereafter described, attached to each article.

Section 5. All places where any article covered by this act is made
or renovated ; or where materials for such articles are prepared ; or where
such articles are offered for sale or are possessed with intention to sell
or deliver; or where sterilizing and disinfecting is performed, shall be
subject to inspection at reasonable hours by the Commissioner or his
representative to ascertain whether such materials and articles conform
to its provisions. No person shall interfere with such inspections.

Section 6. Each new mattress, pillow, bolster, featherbed and
comfortable shall bear securely attached thereto and visible on the out-
side covering a substantial white cloth tag, not less than six square
inches in size, upon which shall be plainly stamped or printed, in English,
a statement showing the kind of materials used in filling such articles,
and that the materials are new, and the number of the permit issued for
sterilizing and disinfecting new feathers or down. Each secondhand
article of the kinds above mentioned and each such article containing
any secondhand material shall have securely attached to it a similar tag,
printed on yellow cloth upon which shall be stamped or printed, in the
same manner as above required, a statement showing the kind of mater-
ials used in filling said articles, and that the article or materials are sec-
ondhand, and the number of the permit issued to the processor who
sterilized and disinfected such articles or material. No additional informa-
tion shall be contained,in such statement, which must be in type not less
than one-eighth inch in height.

Section 7. It shall be unlawful to use any false or misleading
statement, term or designation on any such tag or to remove, deface or
alter, or to attempt, to remove, deface or alter such tag or the statement
of ng materials made thereon, or the adhesive stamp, hereafter de-
scribed,

Section 8. The Commissioner is hereby authorized to cause to be
printed adhesive stamps, which shall bear the words “State of Virginia,
Bedding Stamp”, the registry number of the person to whom issued,
and such other matter as he deems advisable. It shall be unlawful for any
person to imitate, counterfeit, sell or have in his possession, any imitated
or counterfeited adhesive stamp required under this act. It shall be unlaw-
ful for any person to sell, lease, offer to sell or lease, or deliver or have in
his possession with intent to sell, lease, deliver or consign any article
covered by this act, unless there be attached to the tag heretofore de-
scribed by the person manufacturing, renovating, sterilizing, or offering
same for sale, an adhesive stamp prepared and issued by the Commis-
sioner as herein provided. No stamps shall be required if the article is
to be shipped out of this State, or if made by a State institution for use
in State institutions, or by persons for use in their own homes.

Section 9. The Commissioner shall register each applicant for
adhesive stamps and assign to him a registry number, and furnish to
such applicant adhesive stamps in quantities of not less than one thous-
and, for which the applicant shall pay ten dollars for each thousand,
cus. 263, 264] ACTS OF ASSEMBLY 431

which payment and charge shall constitute an inspection charge for the
purpose of enforcing this act. All fees collected under the provisions of
this act shall be paid to the Commissioner, and by him deposited in a
separate fund, to be known as the Bedding Fund, from which shall be
paid all expenditures necessary in carrying out the provisions of this
act. All moneys in said Bedding Fund, are specifically appropriated to
the State Board of Health for the payment of salaries and expenses of
inspectors, employees, for research or any other necessary expenses of
the Board, connected with the enforcement of this act.

Section 10. The State Board of Health is hereby charged with the
administration and enforcement of this act, and shall have the power,
through any of its officers or agents, to take for evidence, any article
made or offered for sale in violation of this act. It 1s the intention of this
act to prevent both the manufacture and sale in this State of any articles
covered by this act, unless manufactured and sold in conformity with
its provisions. The State Board of Health may make and enforce reason-
able rules and regulations for the enforcement of this act, and may revoke
or suspend any permit issued hereunder, for cause. The provisions of
this act shall not apply to any such articles sold under the order of any
court, or under any sale of a decedent’s estate, or any sale made by any
person of household effects incidental to a change of residence.

Section 10-b. The provisions of this act shall not apply to any
State institution, agency or department. Further, the provisions of this
act shall not apply to individual blind persons renovating mattresses for
institutions or individuals for their own use and not for sale.

Section 11. Any person violating any of the provisions of this
act, or any rule or regulation of the State Board of Health adopted here-
under, shall be guilty of a misdemeanor and upon conviction thereof,
shall be fined not less than ten nor more than one hundred dollars for
each offense. Each remaking, renovating, selling, offering for sale, de-
livering, consigning, or possessing with intent to sell, deliver or consign,
any mattress, pillow, bolster, featherbed or comfortable, contrary to this
act, shall be a separate offense. Each use of an imitated or counterfeited
stamp made, sold, used, offered for sale or possessed contrary to the
provisions of this act shall constitute a separate offense.

Section 12. If any of the provisions of this act are determined
‘o be unconstitutional, ‘all the remaining provisions shall be given full
force and effect, as fully as if the part or parts so determined to be un-
constitutional had not been included in this act.