CHAPTER 530

An Act to amend and reenact §§ 82-117, 82-118, 82-119, 32-121, 32-122,
82-124, 82-126, 32-128 and 82-129 of the Code of Virginia, relating
to sanitary requirements applicable to certain articles and materials
so as to extend the application thereof.

[H 495]

Approved April 2, 1952

Be it enacted by the General Assembly of Virginia:

1. That §§ 32-117, 32-118, 32-119, 32-121, 32-122, 32-124, 32-126, 32-128
and 32-129, be amended and reenacted as follows:

§ 32-117. The following words, as used in this chapter, shall have
the following meanings, unless the context otherwise requires:

(1) “Mattress” means any mattress, mattress pad, mattress protec-
tor, 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 cov-
ering made of textile or other material and stuffed with feathers, down or
other soft material, designed or made for use on a bed or couch for sleep-
ing, sitting or reclining purposes.

(3) “Comfortable” means any cover, quilt or quilted article, made of
textile or other 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 pre-
viously used for any purpose. Manufacturing processes shall not be con-
sidered 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) “Upholstered furniture’ means any article designed to be used
for sitting, resting or reclining which is covered, stuffed or filled with
excelsior or other soft material.

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

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

§ 32-118. No person shall use in the making, remaking or renovat-
ing of any mattress, pillow, bolster, featherbed, upholstered furniture or
comfortable any material 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 Commissioner.

§ 32-119. No person shall vent, 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 chapter, or any
secondhand article covered by this chapter, unless since last used, it has
been thoroughly sterilized and disinfected by a reasonable process approved
by the Commissioner.

§ 32-122. Each new mattress, pillow, bolster, featherbed, woholstered
furniture and comfortable shall bear securely attached thereto and visible
on the outside covering a substantial white cloth tag or equivalent, 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, each article of
secondhand upholstered furniture, and each such article containing any
secondhand material shall have securely attached to it a similar tag,
printed on yellow cloth or equivalent upon which shall be stamped or
printed, in the same manner as above required, a statement showing the
kind of materials used in filling such articles, and that the article or mate-
rials are secondhand, and the number of the permit issued to the processor
who sterilized and disinfected such articles or material. No additional
information shall be contained in such statement, which must be in type
not less than one-eighth inch in height.

§ 32-124. The Commissioner shall register each applicant for adhe-
sive stamps and assign to him a registry number, and furnish to such
applicant adhesive stamps in quantities of not less than one thousand, for
which the applicant shall pay ten dollars for each thousand, which pay-
ment and charge shall constitute an inspection charge for the purpose of
enforcing this chapter. All fees collected under the provisions of this
chapter shall be paid to the Commissioner, and by him deposited in a
separate fund, to be known as the Bedding and Furniture Fund, from
which shall be paid all expenditures necessary in carrying out the provi-
sions of this chapter. All moneys in the Bedding and Furniture 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
chapter.

§ 32-126. The State Board of Health is hereby charged with the
administration and enforcement of this chapter, 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 chapter. It is the intention of this
chapter to prevent both the manufacture and sale in this State of any
articles covered by this chapter, unless manufactured and sold in con-
formity with its provisions. The Board may make and enforce reasonable
rules and regulations for the enforcement of this chapter, and may *
suspend, revoke and void the registration number of any person convicted
of violating the provisions of this act. Any person, a nonresident of this
State, who has been issued a certificate of registration who fails or refuses
to enter an appearance in any court of record in this State to answer
charge or charges of violation within twenty-five days after service upon
him of a notice by registered mail so to do, shall have his certificate of
registration peremptorily revoked by the Board. Such person shall not
thereafter engage in the manufacture, making, remaking, renovating or
delivering for sale in this State of articles of bedding or upholstered furni-
ture until he has paid a special inspection fee of one hundred dollars and
the Board has determined that such person 1s complying with the provi-
sions of this act; whereupon the Board shall reinstate or reissue the regis-
tration number to such person. The State Health Commissioner, if in his
judgment he deems such action advisable, is hereby authorized to appoint
a “Bedding and Upholstery Furniture Advisory Board” to consist of
persons who, on account of their vocations, employment or affiliations,
represent the bedding and upholstery manufacturing industry. Upon the
appointment of such Bedding and Upholstery Advisory Board, the State
Health Commissioner shall designate an employee of the State Board of
Health to serve as Secretary of said Bedding and Upholstery Advisory
Board. The Bedding and Upholstery Advisory Board shall meet at such
times as the State Health Commissioner shall designate. |

§ 32-128. The provisions of this chapter shall not apply to any
interstate railroad passenger trains and except as provided in this
section shall not apply to any State institution, agency or department.
Further the provisions of this chapter shall not apply to individual blind
persons renovating mattresses for institutions or individuals for their
own use and not for sale. The provisions of this chapter relating to second-
hand upholstered furniture shall apply to any such furniture which has
been used by any person suffering from an infectious or contagious disease,
including such articles owned by or used in any hospital, jail or other
public or private institution, but shall not require the sterilization or
tagging of any upholstered furniture which has not been used by any
such person.

§ 32-129. Any person violating any of the provisions of this chapter,
or any rule or regulation of the State Board of Health adopted hereunder,
shall be guilty of a misdemeanor and upon conviction thereof, shall be
fined not less than * twenty-five nor more than one hundred dollars for
each offense. Each remaking, renovating, selling, offering for sale, deliv-
ering, consigning, or possessing with intent to sell, deliver or consign, any
mattress, pillow, bolster, featherbed, article of upholstered furniture or
comfortable, contrary to this chapter, 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 chapter shall constitute a
separate offense.