CHAPTER 530

AN ACT to amend and reenact §§ 82-117 and 82-119, as amended, § $2-120.1,
§§ 32-128 and 32-129, as amended, of the Code of Virginia, relating to
mattresses, upholstered furniture and other articles of bedding; and
to amend the Code by adding sections numbered 32-122.1 and 32-122.2
requiring certain information to accompany shipments of filling ma-
terial, and the tagging of bulk filling material. § 327]

[

Approved March 30, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 32-117 and 32-119 as amended, § 32-120.1, §§ 32-128 and
82-129 as amended, of the Code of Virginia be amended and reenacted and
that the Code be amended by adding sections numbered 32-122.1 and
32-122.2 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
sleeping, 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 previ-
ously 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 ex-
celsior or other soft material.

(7a) “Supply dealer” shall mean any person manufacturing, pro-
cessing or selling at wholesale any felt, batting, pads, or loose material in
bags or containers, concealed or not concealed, to be used in articles of
bedding or upholstered furniture.

(8) “Person” includes persons, corporations, partnerships and as-
sociations.

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

§ 82-119. No person shall rent, * offer or expose for sale, barter, give
away, or dispose of in any other commercial manner any article men-
tioned in § 32-118, made, remade, or renovated in violation of this chapter,
or any secondhand article covered by this chapter, unless since last used,
762 ACTS OF ASSEMBLY [va., 1956

it has been thoroughly sterilized and disinfected by a reasonable process
approved by the Commissioner. .

§ 32-120.1. Every person engaged in the manufacturing of bedding
and upholstered furniture or renovating or reupholstering any article or
processing or selling any filling material to be used in articles of bedding
or upholstered furniture covered by this act shall first obtain a numbered
license certificate from the Commissioner. The payment and charge for
this license shall constitute an inspection charge for the purpose of en-
forcing this chapter. All fees collected under the provisions of this chapter,
shall be paid to the State treasurer, and deposited by him 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 provisions of this
chapter. Such license certificate shall expire one year from date of issue.
The Commissioner may revoke or suspend any such license certificate
issued for any violation of the provisions of this article. The annual fees
epee for license certificates issued pursuant to this article shall be as

ollows:

(1) Manufacturers of bedding—forty dollars;

(2) Manufacturers of upholstered furniture—forty dollars;

(8) Supply dealer—ten dollars;

(4) Bedding renovators—ten dollars;

(5) Reupholsters—ten dollars.

§ $2-122.1. Any shipment or delivery however contained, of material
used for filling articles of bedding or upholstered furniture mentioned in

82-117 shall have conspicuously attached thereto a tag upon which shall

e stamped or printed as required in § 82-122, or as required by the regula-
tions of the State Health Department, a statement showing the kind of
material and whether the material is new or second hand, the name and
address of the manufacturer, distributor or vendor, and the registration
number of the manufacturer, distributor, or vendor, and in the case of
secondhand material or material from animal or fowl, the permit number
of the processor who sterilized or disinfected such material.

§ $2-122.2. Tagging bulk filling material.

(a) Processed material must be tagged by the processor and must
bear his registry number.

(b) Unprocessed material may be tagged by the jobber or preparer
and may bear the registry number of either the jobber or the preparer,
but in each case whether processed or unprocessed the concern having tts
registry number on the tag shall be responsible for all statements on the tag
and for violations in case the material is not as represented on the tag.

(a-1) The following and similar materials shall be deemed to be pro-
cessed; cotton felt, batting, shoddy; scoured and carbonized wool, wool
felt or batting; processed hair, curled or uncurled, felted or rubberized;
processed feathers and down; processed foam or sponge rubber; jute felt;
sisal pads; curled tampico.

(b-1) The following and similar materials shall be deemed to be
unprocessed; staple cotton, cotton and spinning mill products or by-
products; unprocessed feathers and down, wool, hair and foam or sponge
rubber; kapok; moss; palm fiber; sisal fiber; tampico fiber (not curled) ;
coconut husk fibers; excelsior; jute tow; flax tow; napper waste.

§ 32-128. The provisions of this chapter shall not apply to any inter-
state railroad passenger trains and except as provided in this section shall
not apply to any state institution, agency or department unless such insti-
tution, agency or department offers for sale the articles manufactured or
renovated. Further, the provisions of this chapter shall not apply to indi-
vidual blind persons renovating mattresses for institutions or individuals
for their own use and not for sale. The provisions of this chapter relating
CHS. 580, 531, 532] ACTS OF ASSEMBLY 763

to secondhand upholstered furniture shall apply to any such furniture
which has been used by any person suffering from an infectious or con-
tagious disease, including such articles owned by or used in any hospital,
jail or other public or private institution, but shall not require the steriliza-
tion 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 *
punished for each offense by a fine of not less than twenty-five nor more
than one hundred dollars * or by imprisonment not exceeding six months
or by both such fine and imprisonment. Each remaking, renovating, sel-
ling, offering for sale, delivering, 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.