Florida Senate - 2011 SB 910 By Senator Bennett 21-00788-11 2011910__ 1 A bill to be entitled 2 An act relating to bedding materials; amending s. 3 501.145, F.S.; providing a short title; defining 4 terms; prohibiting a person from manufacturing or 5 selling bedding that is made in whole or in part from 6 secondhand material unless such material has been 7 sanitized, germicidally treated, or cleaned using a 8 method approved by the Department of Agriculture and 9 Consumer Services; directing the department to 10 establish methods for sanitizing, germicidally 11 treating, or cleaning secondhand materials; requiring 12 that all bedding manufactured, renovated, sanitized, 13 or sold in this state which contains secondhand 14 materials bear a clear and conspicuous label affixed 15 to the bedding which contains specified information; 16 requiring the label identifying bedding containing 17 secondhand materials to be red in color and the label 18 identifying bedding containing new materials to be 19 white in color; prohibiting a person other than a 20 retail consumer from removing, defacing, or altering 21 the label of bedding; prohibiting a false or 22 misleading statement on a label; requiring each 23 bedding renovator, sanitizer, or seller of renovated 24 bedding to register with and obtain a permit from the 25 department, which must be renewed annually; requiring 26 that the department recognize certain documents from 27 another state or jurisdiction for issuance of a permit 28 number; requiring that the department establish fees 29 for initial and renewal permits; authorizing the 30 department to randomly conduct bedding and materials 31 product tests and inspections of the premises of any 32 bedding renovator, sanitizer, or seller of renovated 33 bedding; authorizing the enforcing authority to impose 34 an embargo on, remove, recall, condemn, destroy, or 35 otherwise dispose of bedding if the enforcing 36 authority finds probable cause to believe that the 37 inspected bedding violates the act; authorizing the 38 enforcing authority to deny, suspend, or revoke a 39 permit or assess an administrative penalty for 40 violations of the act; authorizing the enforcing 41 authority to bring an action for injunction relief; 42 providing that a person who knowingly sells bedding 43 that contains secondhand material that is not properly 44 labeled or has not been sanitized, treated, or cleaned 45 in accordance with the act commits a misdemeanor of 46 the second degree; directing the department to adopt 47 rules; providing an effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51 Section 1. Section 501.145, Florida Statutes, is amended to 52 read: 53 (Substantial rewording of section. See 54 s. 501.145, F.S., for present text.) 55 501.145 Safe and Hygienic Bedding Act.— 56 (1) SHORT TITLE.—This section may be cited as the “Safe and 57 Hygienic Bedding Act.” 58 (2) DEFINITIONS.—As used in this section, the term: 59 (a) “Bedding” means any mattress, box spring, pillow, or 60 cushion made of leather or any other material that is or can be 61 stuffed or filled in whole or in part with any substance or 62 material and that can be used by any human being for sleeping or 63 reclining purposes. 64 (b) “Clean recycled material” means material comprised in 65 whole or in part of recycled material derived from postconsumer 66 waste or industrial waste that has undergone a manufacturing or 67 other process approved by the department which renders the 68 resulting material at least as clean as comparable material made 69 in whole from virgin inputs. 70 (c) “Department” means the Department of Agriculture and 71 Consumer Services. 72 (d) “Enforcing authority” means the Department of 73 Agriculture and Consumer Services or the Department of Legal 74 Affairs. 75 (e) “Manufacturer” means a person that makes any article of 76 bedding in whole or in part using new or secondhand fabric, 77 filling materials, clean recycled materials, or other materials. 78 (f) “New material” means any fabric, filling material, 79 clean recycled material, or other material or article of bedding 80 that has not been previously used for any purpose. New material 81 includes byproducts of any textile or manufacturing process 82 which are free from dirt, insects, and other contamination. 83 (g) “Person” means an individual, sole proprietorship, 84 partnership, limited liability company, corporation, joint 85 venture, association, trust, or any other entity, and the agents 86 and employees of any such entity. 87 (h) “Renovator” means a person who repairs, makes over, 88 recovers, restores, sanitizes, germicidally treats, cleans, or 89 renews bedding. 90 (i) “Sanitizer” means a person who sanitizes, germicidally 91 treats, or cleans, but who does not otherwise alter, any fabric, 92 filling material, other material, or article of bedding for use 93 in manufacturing or renovating bedding. 94 (j) “Secondhand material” means any fabric, filling 95 material, other material, or article of bedding that has been 96 previously used for any purpose and that may be used in place of 97 new material in manufacturing or renovating bedding, but 98 excludes clean recycled material. 99 (k) “Seller” includes a person who offers for sale, 100 barters, trades, delivers, consigns, leases, possesses with 101 intent to sell, or disposes of bedding in any commercial manner 102 at the wholesale, retail, or other level of trade. 103 (3) SANITIZATION OF SECONDHAND MATERIAL.— 104 (a) A person may not manufacture or sell bedding that is 105 made in whole or in part from any secondhand material unless 106 such material has been sanitized, germicidally treated, or 107 cleaned by a method approved by the department. 108 (b) The department shall establish methods for sanitizing, 109 germicidally treating, or cleaning secondhand materials, 110 including: 111 1. A method for heat-treating secondhand materials; 112 2. A method for washing secondhand materials using boiling 113 water; and 114 3. Any other methods determined by the department to be 115 effective in ridding secondhand materials of contaminants, 116 bedbugs, insects, other living organisms, and other offensive 117 materials. 118 (4) LABELING REQUIREMENTS.— 119 (a) All bedding manufactured, renovated, sanitized, or sold 120 in this state which contains any secondhand materials must bear 121 a clear and conspicuous label that: 122 1. Is red in color and is at least 2 inches by 4 inches in 123 dimension; 124 2. Clearly states the words: “SECONDHAND MATERIAL”; 125 3. Specifically describes which secondhand materials are 126 contained in the bedding; declares the amount of secondhand 127 materials that are present in the bedding; describes the methods 128 used to sanitize, germicidally treat, or clean the bedding; and 129 specifies the date on which the processing occurred; 130 4. Includes the name, address, and permit number of the 131 manufacturer, renovator, or sanitizer; and 132 5. Is stitched or otherwise firmly attached to the bedding 133 in such a manner that it may be seen by a consumer before the 134 purchase. 135 (b) A label may be attached to bedding that is wholly 136 manufactured from new material or clean recycled material or a 137 combination of both. The label must be white in color and must 138 state the words: “NEW MATERIAL,” “NEW MATERIAL WITH CLEAN 139 RECYCLED CONTENT,” or “ALL CLEAN RECYCLED CONTENT,” as 140 appropriate. 141 (c) A person other than a retail consumer of the bedding 142 may not remove, deface, or alter in whole or in part a label or 143 any statement on a label in order to defeat the provisions of 144 this subsection. 145 (d) A person may not make a false or misleading statement 146 on a label. 147 (5) PERMIT REQUIRED.— 148 (a) Each bedding renovator, sanitizer, or seller of 149 renovated bedding must register with and obtain an initial 150 permit and permit number from the department. The permit must be 151 renewed annually. 152 (b) Upon a timely request by an applicant for an initial 153 permit, the department shall recognize a valid registry, 154 license, permit, or factory number issued by another state or 155 jurisdiction if the applicant complies with all requirements 156 established by the department for issuance of a permit number in 157 this state. 158 (c) The department shall adopt a rule establishing fees for 159 an initial or annual permit. The fees shall be priced according 160 to the class seeking the permit, such as manufacturers, 161 renovators, sanitizers, or sellers, must be in an amount that is 162 reasonable and does not exceed $500. 163 (6) INSPECTIONS AND PENALTIES.— 164 (a) The department may randomly conduct bedding and 165 materials product tests and inspections of the premises of any 166 bedding renovator, sanitizer, or seller of renovated bedding, or 167 any other party suspected of engaging in such activity, for the 168 purpose of determining whether such person complies with this 169 section and the rules of the department. 170 (b) If the enforcing authority finds probable cause to 171 believe that an article of bedding violates this section, the 172 enforcing authority may, as appropriate under the circumstances, 173 impose an embargo on, remove, recall, condemn, destroy, or 174 otherwise dispose of bedding found to violate this section. 175 (c) The enforcing authority may deny, suspend, or revoke a 176 permit issued under this section, or assess an administrative 177 penalty, not to exceed $500 per violation, against a person who 178 violates this section. Each day of a continuing violation 179 constitutes a separate violation. 180 (d) The enforcing authority may assess against the violator 181 any reasonable expenses and costs the enforcing authority incurs 182 in connection with an administrative proceeding to deny, 183 suspend, or revoke a person’s permit. 184 (e) The enforcing authority may bring an action for 185 injunctive relief against a person who violates this section. 186 (f) A person who knowingly sells bedding that contains 187 secondhand material that is not labeled or has not been 188 sanitized, germicidally treated, or cleaned in accordance with 189 this section commits a misdemeanor of the second degree, 190 punishable as provided in s. 775.082 or s. 775.083. 191 (g) Each product that is found in violation of this section 192 constitutes a separate violation. 193 (7) RULES.—The department shall adopt rules pursuant to ss. 194 120.536(1) and 120.54 to administer this section. The rules 195 adopted may include, but need not be limited to: 196 (a) Procedures and requirements for the application, 197 issuance, renewal, denial, suspension, and revocation of each 198 class of permit; 199 (b) Procedures for adequate notice and opportunity for 200 hearing for a person who is subject to administrative penalties 201 or whose permit is subject to denial, suspension, or revocation; 202 and 203 (c) Any other substantive, interpretative, or procedural 204 rules necessary to administer this section. 205 Section 2. This act shall take effect July 1, 2011.