1 | A bill to be entitled |
2 | An act relating to bedding materials; amending s. 501.145, |
3 | F.S.; providing a short title; defining terms; prohibiting |
4 | a person from manufacturing or selling bedding that is |
5 | made in whole or in part from secondhand material unless |
6 | such material has been sanitized, germicidally treated, or |
7 | cleaned using a method approved by the Department of |
8 | Agriculture and Consumer Services; directing the |
9 | department to establish methods for sanitizing, |
10 | germicidally treating, or cleaning secondhand materials; |
11 | requiring that all bedding manufactured, renovated, |
12 | sanitized, or sold in this state which contains secondhand |
13 | materials bear a clear and conspicuous label affixed to |
14 | the bedding which contains specified information; |
15 | requiring the label identifying bedding containing |
16 | secondhand materials to be red in color and the label |
17 | identifying bedding containing new materials to be white |
18 | in color; prohibiting a person other than a retail |
19 | consumer from removing, defacing, or altering the label of |
20 | bedding; prohibiting a false or misleading statement on a |
21 | label; requiring each bedding renovator, sanitizer, or |
22 | seller of renovated bedding to register with and obtain a |
23 | permit from the department, which must be renewed |
24 | annually; requiring that the department recognize certain |
25 | documents from another state or jurisdiction for issuance |
26 | of a permit number; requiring that the department |
27 | establish fees for initial and renewal permits; |
28 | authorizing the department to randomly conduct bedding and |
29 | materials product tests and inspections of the premises of |
30 | any bedding renovator, sanitizer, or seller of renovated |
31 | bedding; authorizing the enforcing authority to impose an |
32 | embargo on, remove, recall, condemn, destroy, or otherwise |
33 | dispose of bedding if the enforcing authority finds |
34 | probable cause to believe that the inspected bedding |
35 | violates the act; authorizing the enforcing authority to |
36 | deny, suspend, or revoke a permit or assess an |
37 | administrative penalty for violations of the act; |
38 | authorizing the enforcing authority to bring an action for |
39 | injunction relief; providing that a person who knowingly |
40 | sells bedding that contains secondhand material that is |
41 | not properly labeled or has not been sanitized, treated, |
42 | or cleaned in accordance with the act commits a |
43 | misdemeanor of the second degree; directing the department |
44 | to adopt rules; providing an effective date. |
45 |
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46 | Be It Enacted by the Legislature of the State of Florida: |
47 |
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48 | Section 1. Section 501.145, Florida Statutes, is amended |
49 | to read: |
50 | (Substantial rewording of section. See |
51 | s. 501.145, F.S., for present text.) |
52 | 501.145 Safe and Hygienic Bedding Act.- |
53 | (1) SHORT TITLE.-This section may be cited as the "Safe |
54 | and Hygienic Bedding Act." |
55 | (2) DEFINITIONS.-As used in this section, the term: |
56 | (a) "Bedding" means any mattress, box spring, pillow, or |
57 | cushion made of leather or any other material that is or can be |
58 | stuffed or filled in whole or in part with any substance or |
59 | material and that can be used by any human being for sleeping or |
60 | reclining purposes. |
61 | (b) "Clean recycled material" means material comprised in |
62 | whole or in part of recycled material derived from postconsumer |
63 | waste or industrial waste that has undergone a manufacturing or |
64 | other process approved by the department which renders the |
65 | resulting material at least as clean as comparable material made |
66 | in whole from virgin inputs. |
67 | (c) "Department" means the Department of Agriculture and |
68 | Consumer Services. |
69 | (d) "Enforcing authority" means the Department of |
70 | Agriculture and Consumer Services or the Department of Legal |
71 | Affairs. |
72 | (e) "Manufacturer" means a person that makes any article |
73 | of bedding in whole or in part using new or secondhand fabric, |
74 | filling materials, clean recycled materials, or other materials. |
75 | (f) "New material" means any fabric, filling material, |
76 | clean recycled material, or other material or article of bedding |
77 | that has not been previously used for any purpose. New material |
78 | includes byproducts of any textile or manufacturing process |
79 | which are free from dirt, insects, and other contamination. |
80 | (g) "Person" means an individual, sole proprietorship, |
81 | partnership, limited liability company, corporation, joint |
82 | venture, association, trust, or any other entity, and the agents |
83 | and employees of any such entity. |
84 | (h) "Renovator" means a person who repairs, makes over, |
85 | recovers, restores, sanitizes, germicidally treats, cleans, or |
86 | renews bedding. |
87 | (i) "Sanitizer" means a person who sanitizes, germicidally |
88 | treats, or cleans, but who does not otherwise alter, any fabric, |
89 | filling material, other material, or article of bedding for use |
90 | in manufacturing or renovating bedding. |
91 | (j) "Secondhand material" means any fabric, filling |
92 | material, other material, or article of bedding that has been |
93 | previously used for any purpose and that may be used in place of |
94 | new material in manufacturing or renovating bedding, but |
95 | excludes clean recycled material. |
96 | (k) "Seller" includes a person who offers for sale, |
97 | barters, trades, delivers, consigns, leases, possesses with |
98 | intent to sell, or disposes of bedding in any commercial manner |
99 | at the wholesale, retail, or other level of trade. |
100 | (3) SANITIZATION OF SECONDHAND MATERIAL.- |
101 | (a) A person may not manufacture or sell bedding that is |
102 | made in whole or in part from any secondhand material unless |
103 | such material has been sanitized, germicidally treated, or |
104 | cleaned by a method approved by the department. |
105 | (b) The department shall establish methods for sanitizing, |
106 | germicidally treating, or cleaning secondhand materials, |
107 | including: |
108 | 1. A method for heat-treating secondhand materials; |
109 | 2. A method for washing secondhand materials using boiling |
110 | water; and |
111 | 3. Any other methods determined by the department to be |
112 | effective in ridding secondhand materials of contaminants, |
113 | bedbugs, insects, other living organisms, and other offensive |
114 | materials. |
115 | (4) LABELING REQUIREMENTS.- |
116 | (a) All bedding manufactured, renovated, sanitized, or |
117 | sold in this state which contains any secondhand materials must |
118 | bear a clear and conspicuous label that: |
119 | 1. Is red in color and is at least 2 inches by 4 inches in |
120 | dimension; |
121 | 2. Clearly states the words: "SECONDHAND MATERIAL"; |
122 | 3. Specifically describes which secondhand materials are |
123 | contained in the bedding; declares the amount of secondhand |
124 | materials that are present in the bedding; describes the methods |
125 | used to sanitize, germicidally treat, or clean the bedding; and |
126 | specifies the date on which the processing occurred; |
127 | 4. Includes the name, address, and permit number of the |
128 | manufacturer, renovator, or sanitizer; and |
129 | 5. Is stitched or otherwise firmly attached to the bedding |
130 | in such a manner that it may be seen by a consumer before the |
131 | purchase. |
132 | (b) A label may be attached to bedding that is wholly |
133 | manufactured from new material or clean recycled material or a |
134 | combination of both. The label must be white in color and must |
135 | state the words: "NEW MATERIAL," "NEW MATERIAL WITH CLEAN |
136 | RECYCLED CONTENT," or "ALL CLEAN RECYCLED CONTENT," as |
137 | appropriate. |
138 | (c) A person other than a retail consumer of the bedding |
139 | may not remove, deface, or alter in whole or in part a label or |
140 | any statement on a label in order to defeat the provisions of |
141 | this subsection. |
142 | (d) A person may not make a false or misleading statement |
143 | on a label. |
144 | (5) PERMIT REQUIRED.- |
145 | (a) Each bedding renovator, sanitizer, or seller of |
146 | renovated bedding must register with and obtain an initial |
147 | permit and permit number from the department. The permit must be |
148 | renewed annually. |
149 | (b) Upon a timely request by an applicant for an initial |
150 | permit, the department shall recognize a valid registry, |
151 | license, permit, or factory number issued by another state or |
152 | jurisdiction if the applicant complies with all requirements |
153 | established by the department for issuance of a permit number in |
154 | this state. |
155 | (c) The department shall adopt a rule establishing fees |
156 | for an initial or annual permit. The fees shall be priced |
157 | according to the class seeking the permit, such as |
158 | manufacturers, renovators, sanitizers, or sellers, must be in an |
159 | amount that is reasonable and does not exceed $500. |
160 | (6) INSPECTIONS AND PENALTIES.- |
161 | (a) The department may randomly conduct bedding and |
162 | materials product tests and inspections of the premises of any |
163 | bedding renovator, sanitizer, or seller of renovated bedding, or |
164 | any other party suspected of engaging in such activity, for the |
165 | purpose of determining whether such person complies with this |
166 | section and the rules of the department. |
167 | (b) If the enforcing authority finds probable cause to |
168 | believe that an article of bedding violates this section, the |
169 | enforcing authority may, as appropriate under the circumstances, |
170 | impose an embargo on, remove, recall, condemn, destroy, or |
171 | otherwise dispose of bedding found to violate this section. |
172 | (c) The enforcing authority may deny, suspend, or revoke a |
173 | permit issued under this section, or assess an administrative |
174 | penalty, not to exceed $500 per violation, against a person who |
175 | violates this section. Each day of a continuing violation |
176 | constitutes a separate violation. |
177 | (d) The enforcing authority may assess against the |
178 | violator any reasonable expenses and costs the enforcing |
179 | authority incurs in connection with an administrative proceeding |
180 | to deny, suspend, or revoke a person's permit. |
181 | (e) The enforcing authority may bring an action for |
182 | injunctive relief against a person who violates this section. |
183 | (f) A person who knowingly sells bedding that contains |
184 | secondhand material that is not labeled or has not been |
185 | sanitized, germicidally treated, or cleaned in accordance with |
186 | this section commits a misdemeanor of the second degree, |
187 | punishable as provided in s. 775.082 or s. 775.083. |
188 | (g) Each product that is found in violation of this |
189 | section constitutes a separate violation. |
190 | (7) RULES.-The department shall adopt rules pursuant to |
191 | ss. 120.536(1) and 120.54 to administer this section. The rules |
192 | adopted may include, but need not be limited to: |
193 | (a) Procedures and requirements for the application, |
194 | issuance, renewal, denial, suspension, and revocation of each |
195 | class of permit; |
196 | (b) Procedures for adequate notice and opportunity for |
197 | hearing for a person who is subject to administrative penalties |
198 | or whose permit is subject to denial, suspension, or revocation; |
199 | and |
200 | (c) Any other substantive, interpretative, or procedural |
201 | rules necessary to administer this section. |
202 | Section 2. This act shall take effect July 1, 2011. |