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91_SB0881
LRB9105847SMdvA
1 AN ACT regarding safe and hygienic bedding.
2 WHEREAS, the use of unsanitary and insect-infested
3 mattresses and box springs is unhealthy and can spread
4 infectious diseases and cause injury; and
5 WHEREAS, disreputable enterprises are increasingly
6 reusing and selling to the public unsanitary used mattresses
7 and box springs without properly cleaning or disinfecting
8 them to kill harmful germs, fleas, lice, bedbugs, or other
9 insects; and
10 WHEREAS, other disreputable enterprises are concealing
11 from the consumer the fact that their mattresses and box
12 springs are made from unsanitary used articles and materials;
13 and
14 WHEREAS, the consumers of this State deserve to know that
15 the mattresses and box springs on which they sleep are made
16 from safe and sanitary new materials and, if not, that any
17 used articles or materials incorporated in their bedding have
18 been adequately cleaned and disinfected by an approved method
19 to kill harmful germs, fleas, lice, bedbugs, and other
20 insects; and
21 WHEREAS, in the interest of public health and safety, all
22 bedding manufacturers, renovators, sanitizers, and sellers
23 operating in this State should be subject to rigorous
24 disclosure, licensing, health, hygiene, inspection, and
25 disciplinary standards, the administration and enforcement of
26 which should be fiscally self-sufficient; therefore
27 Be it enacted by the People of the State of Illinois,
28 represented in the General Assembly:
29 Section 1. Short title. This Act may be known as the
30 Safe and Hygienic Bedding Act.
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1 Section 5. Definitions. As used in this Act:
2 "Department" means the Illinois Department of Public
3 Health.
4 "Bedding" means any mattress, box spring, foundation, or
5 studio couch made in whole or part of new or secondhand
6 fabric, filling materials, or other materials, which can be
7 used for sleeping or reclining purposes.
8 "Manufacturer" means a person that makes any article of
9 bedding in whole or in part using new or secondhand fabric,
10 filling materials, or other materials.
11 "New material" means any fabric, filling material, other
12 material, or article of bedding that has not been previously
13 used for any purpose, including by-products of any textile or
14 manufacturing process that are free from dirt, insects, and
15 other contamination.
16 "Person" means an individual, sole proprietorship,
17 partnership, limited liability company, corporation, joint
18 venture, association, trust, and any other entity, and the
19 agents, servants, and employees of any of them.
20 "Renovator", "Rebuilder", and "Repairer" mean a person
21 that repairs, makes over, recovers, restores, sanitizes,
22 germicidally treats, cleans, or renews bedding.
23 "Sanitizer" means a person that sanitizes, germicidally
24 treats, or cleans (but does not otherwise alter) any fabric,
25 filling material, other material, or article of bedding for
26 use in manufacturing or renovating bedding.
27 "Secondhand material" means any fabric, filling material,
28 other material, or article of bedding that has been
29 previously used for any purpose or is derived from
30 post-consumer or industrial waste, and that may be used in
31 place of new material in manufacturing or renovating bedding.
32 "Seller" includes a person that offers or exposes for
33 sale, barters, trades, delivers, consigns, leases, possesses
34 with intent to sell, or disposes of bedding in any commercial
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1 manner at the wholesale, retail, or other level of trade.
2 Section 10. Label required.
3 (a) All bedding manufactured, renovated, sanitized, or
4 sold within the State must bear a clear and conspicuous label
5 that explicitly states whether the bedding is made from all
6 new materials, or is made in whole or in part from secondhand
7 materials. The label on bedding made from all new materials
8 shall be white in color and shall state "ALL NEW MATERIAL",
9 and the label on bedding made in whole or in part from
10 secondhand materials shall be yellow in color and shall state
11 "SECONDHAND MATERIAL". The labels shall also comply with
12 rules issued by the Department regarding label dimension,
13 format, informational content, wording, letter size,
14 material, means of placement and affixing to the bedding, and
15 other relevant factors.
16 (b) A person may not remove, deface, or alter in whole
17 or part a label or any statement on a label to defeat the
18 provisions of this Act.
19 (c) A person may not make a false or misleading
20 statement on a label.
21 Section 20. Permit required.
22 (a) Each bedding manufacturer, renovator, sanitizer, or
23 seller must register with and obtain an initial permit and
24 permit number from the Department, which permit must be
25 renewed.
26 (b) Upon timely request by an applicant for an initial
27 permit, the Department shall recognize a valid registry,
28 license, permit, or factory number issued by another state or
29 jurisdiction, provided that the applicant complies with all
30 requirements established by the Department for issuance of a
31 permit number in this State.
32 (c) The Department shall set fees for each class of
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1 initial and annual renewal permits (i.e., manufacturers,
2 renovators, sanitizers, and sellers) in amounts that are
3 reasonable and necessary to defray the cost of administering
4 this Act.
5 Section 25. Inspections and penalties.
6 (a) The Department may, at its discretion, randomly
7 conduct bedding and materials product tests and inspections
8 of the premises of any bedding manufacturer, renovator,
9 sanitizer, or seller for the purpose of determining whether
10 such person complies with this Act and the Department's
11 rules.
12 (b) If the Department finds probable cause to believe
13 that an article of bedding violates this Act, it may, as
14 appropriate under the circumstances, embargo, remove, recall,
15 condemn, destroy, or otherwise dispose of bedding found to
16 violate this Act.
17 (c) The Department may deny, suspend, or revoke an
18 initial or renewal permit, or assess administrative penalties
19 against persons that violate this Act. Each day of a
20 continuing violation constitutes a separate violation.
21 (d) The Department may assess reasonable expenses and
22 costs against a person that the Department incurs in
23 connection with an administrative proceeding that results in
24 the person's permit being denied, suspended, or revoked, or
25 the assessment of administrative penalties against the
26 person.
27 (e) The Department may file a petition in the circuit
28 court of the county in which the respondent is located for a
29 temporary restraining order to restrain a continuing
30 violation of this Act or a threat of a continuing violation
31 of this Act, provided the violation or threatened violation
32 creates an immediate threat to the public's health and
33 safety.
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1 (f) A manufacturer, renovator, or seller that (1)
2 knowingly attaches to bedding (or sells bedding bearing) a
3 label stating that the product is made from all new
4 materials, and (2) has actual knowledge or reason to believe
5 or suspect that the bedding is made in whole or in part from
6 secondhand materials, shall be guilty of a Class C
7 misdemeanor. Each bedding product that is found to be
8 falsely labeled in this respect constitutes a separate
9 violation.
10 Section 30. Rules.
11 (a) The Department may promulgate all rules necessary to
12 implement this Act, including rules regarding:
13 (1) Mandatory label dimensions, format,
14 informational content (including the name, address, and
15 permit number of the manufacturer, renovator, or
16 sanitizer), wording, letter size, material, placement and
17 affixing specifications, and other relevant requirements;
18 (2) The procedures and requirements for the
19 application, issuance, renewal, denial, suspension, and
20 revocation of each class of permit (i.e., manufacturers,
21 renovators, sanitizers, and sellers);
22 (3) Adequate notice and opportunity for hearing for
23 persons potentially subject to administrative penalties
24 or whose permit is potentially subject to denial,
25 suspension, or revocation; and
26 (4) Any other substantive, interpretative, or
27 procedural rules necessary to implement this Act.
28 (b) In setting standards and procedures pursuant to this
29 Act, including those to protect the public's health and
30 safety, the Department may issue rules incorporating by
31 reference uniform standards, norms, or testing procedures
32 that are issued, promulgated, or accepted by recognized
33 government, public, or industry organizations.
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1 Section 35. Use of secondhand material. Every
2 manufacturer, repairer, renovator, and rebuilder of used
3 bedding shall remove the outer fabric, the inner foam, the
4 pad, and any other fabric material or component and inspect
5 each component for soiling, malodor, or pest infestation
6 prior to the sale or distribution of the article. If any
7 material or component of used bedding appears to be soiled,
8 malodorous, or infested, it cannot be reused. Any other
9 material or component used in the process of remanufacturing,
10 repairing, renovating, or rebuilding bedding shall be
11 inspected for soiling, malodor, or pest infestation. If any
12 material or component appears to be soiled, malodorous, or
13 infested, it cannot be used.
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.