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Mattresses, Bed Springs, Cots, Lounges and Sofas NJS 26:10-1 Through 21

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Mattresses, Bed Springs, Cots, Lounges and Sofas NJS 26:10-1 Through 21 Mattresses, Bed Springs, Cots, Lounges and before in any of the articles above Sofas enumerated or in any article of household N.J.S. 26:10-1 through 21 (2015) or wearing apparel, however afterwards treated. 26:10-1. Forbidden material in amended 2015, c.183, s.3. manufacture 26:10-4. Form of label No cotton, wool or other material which has The label shall be in the form of a cloth tag, been used in, or has formed part of, any not less than two and one-half by three mattress, bed spring, cot, lounge, or sofa inches, which shall be sewed or otherwise used in or about a public or private hospital, securely attached to the article. The or about any person having a contagious or statements required by section 26:10-3 of infectious disease shall be used, in whole or this title shall be in plain print, in the English in part, in the manufacture of any bed language, and in large type. spring, cot, lounge or sofa. 26:10-5. Violation; misdemeanor 26:10-2. Labeling required Any person violating any of the provisions No bed spring, cot, lounge, or sofa which is of this article shall be guilty of a not labeled as provided in sections 26:10-3 misdemeanor. and 26:10-4 of this title, or which is falsely 26:10-6. "Mattress," "box spring" defined labeled, shall be sold, or offered for sale, The term "mattress" as used in this article delivered, or held in possession with intent shall be construed to mean any quilted pad, to sell or deliver. mattress, mattress pad, bunk quilt, or 26:10-3. Contents, color of label; cushion stuffed or filled with wool, hair, or "secondhand" defined other soft material, except feathers, to be The label required by R.S.26:10-2 shall: used on a couch or other bed for sleeping a. If the materials used in the manufacture or reclining purposes. of the article to which it is to be attached The term "box spring" as used in this article are entirely new, contain the following shall be construed to mean any bed base, statement: typically consisting of a wooden frame, "The materials used in the manufacture of covered in cloth and containing springs. this bed spring" (or other article as the case amended 2015, c.183, s.4. may be) "are entirely new". 26:10-7. Forbidden material in b. If the materials used are in whole or in manufacture part secondhand, the label shall be yellow No person shall use in the making, in color, and shall contain the following remaking, or renovating of any mattress: statement: a. Any material of any kind that has been "The materials used in the manufacture of used in, or has formed a part of, any this bed spring" (or other article as the case mattress, bed spring, cot, lounge, or sofa, may be) "are in whole or in part used in or about a public or private hospital secondhand"; which statement must be or for or about any person having a followed by a specific enumeration and contagious or infectious disease; description of the secondhand materials b. Any material known as "shoddy", and used. made in whole or in part from old or worn The term "secondhand" as here used shall clothing, carpets or other fabric, or material include any material which has been used previously used, or any other fabric or 1 material from which shoddy is constructed; or c. Any material, not otherwise prohibited by 26:10-10. Contents and form of label this article, of which prior use has been The label provided for in section 26:10-9 of made, unless the material has been this title shall contain the items specified thoroughly sterilized and disinfected by a below and be in substantially the following reasonable process approved by the state form: department. "Official Statement 26:10-8. Forbidden sales Material used in filling No person shall sell, lease, offer to sell, Made by lease or deliver, or consign in sale or lease, Address or have in his possession with intent to sell, Vendor (or successive vendors) lease, deliver, or consign in sale or lease: Address a. Any mattress that has been used for or This article is made in compliance with about any person having a contagious or article 2 of chapter 10 of the title Health infectious disease; and Vital Statistics of the Revised Statutes b. Any mattress made, remade, or (s. 26:10-6 et seq.)." renovated in violation of section 26:10-7 of 26:10-11. Special labeling requirements this title; or In addition to the requirements of section c. Any mattress, not otherwise prohibited 26:10-10 of this title every mattress made by this article, of which prior use has been from new material or from secondhand made, unless since last used it has been material, in whole or in part, shall have thoroughly sterilized and disinfected by a printed on the label in the manner reasonable process approved by the state prescribed therein the following: department. "The materials used in the manufacture of 26:10-9. Labeling requirements this mattress are entirely new (or in whole No person shall, directly or indirectly, at or in part secondhand, as the case may wholesale or retail, or otherwise, sell, lease, be)." offer to sell or lease, or consign in sale or 26:10-12. Labeling secondhand mattress, lease, or have in possession with intent to box spring sell or lease, or consign in sale or lease, any In addition to the requirements of mattress that shall not have plainly and R.S.26:10-10, every secondhand mattress indelibly written or printed thereon, or and box spring shall have printed on the upon a plain muslin or linen label securely yellow label in the manner prescribed in sewed to the covering thereof, a statement R.S.26:10-10 the following: in the English language containing the items a. Date of sterilization and disinfection for required by R.S.26:10-10 to R.S.26:10-12. bedbugs and other contaminants. This label shall not be less than three by b. Name of person performing same. four and a half inches in size and shall be c. Address of person performing same. yellow in color if the label is for a mattress amended 2015, c.183, s.6. which was used in whole or in part or 26:10-13. Additional information contains any material which was used prior prohibited to any sale, lease, or consignment. amended 2015, c.183, s.5. 2 No information other than that specified in 1. The Legislature finds and declares that: this article shall be contained in the a. Bedbugs are small insects with flat statement on the label. bodies, antennae and small eyes; adult 26:10-14. Use of word "felt" on label bedbugs are oval, wingless and rusty-red in The word "felt", or words of like import, color and are visible to the naked eye, and shall not be used in the description of often hide in cracks and crevices; in homes, materials on the label if there has been bedbugs are commonly found in areas used in filling the mattress any material where people sleep, concentrating in which is not felted and filled in layers, mattresses, box springs, and bed frames; unless the statement shall plainly set forth bedbugs feed primarily on the blood of all the different materials so used. humans, usually at night when people are 26:10-15. False description sleeping; The description on the label shall not b. According to a joint statement issued by contain any term or designation which is the United States Centers for Disease misleading or likely to mislead. Control and Prevention and the United 26:10-16. Removing or altering label States Environmental Protection Agency, No person shall remove, deface, alter, or in bedbugs have been common throughout any manner attempt the same, or shall United States history; although bedbug cause to be removed, defaced, or altered, populations dropped dramatically during any label placed upon any mattress in the mid-20th century, the United States is accordance with the provisions of this one of many countries now experiencing an article. alarming resurgence in the population of 26:10-17. Each mattress, box spring bedbugs, and public health agencies across separate offense the country have been overwhelmed by The unit for a separate and distinct offense complaints about bedbugs; in violation of this article shall be each and c. According to the New Jersey Department every mattress and box spring made, of Health, in most cases, bedbugs are remade, renovated, sold, offered for sale, transported from infested areas to non- delivered, consigned, or possessed with infested areas when they cling onto a intent to sell, deliver or consign, contrary to person's clothing, or crawl into luggage, the provisions of this article. furniture, or bedding that is then brought amended 2015, c.183, s.7. into the home; if a mattress is 26:10-18. Penalties, recovery contaminated with bedbugs, it is easy for Any person violating any of the provisions bedbugs to spread to non-contaminated of this article shall be liable to a penalty of items that are within close proximity; not more than one hundred dollars d. Although bedbugs are not known to ($100.00) for each offense, to be recovered transmit disease, they are considered to be in a civil action before the Superior Court or an extreme nuisance to the general public a municipal court; provided, the violation and can cause a variety of negative physical occurs within the territorial jurisdiction of and mental health concerns and economic the court.
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