§47-1A-1. Purpose of Article
The purpose of this article is to protect the purchaser of articles of bedding as herein defined against disease and fraud.
§47-1A-10. Sterilization Processes; Permits; Fees
NOTE: During the 2017 Regular Session of the Legislature, this section was amended by both House Bill 2948 and Senate Bill 419 and there has been no judicial ruling to determine which, if either, amendments prevail. Both versions are provided here. As amended by House Bill 2948: (a) Any sterilization process used in connection herewith […]
§47-1A-11. Statements Required on Tags to Be Affixed to Bedding
(1) Every article of bedding made for sale, sold, or offered for sale shall have attached thereto a tag on which is stated the name of the filling material used, that such material used is new or secondhand and, when required to be sterilized, that such material has been sterilized and the number of the […]
§47-1A-12. Tags to Be Approved by Commissioner; Material, Color, Form and Size of Tags
(1) Whenever a tag is required by this article, it shall be approved by the commissioner. Tags shall be made of muslin, linen or other material of like durability and shall be the same color stock throughout. Paper-faced tags shall not be used.
§47-1A-13. Commissioner's Authority to Prohibit Sales; Tagging Bedding or Material Exposed to Disease "unclean."
(1) The commissioner shall order off-sale, and may so tag, any article of bedding or material therefor, which is not tagged as hereinbefore required or which is tagged with a tag bearing a misleading term, description, designation or statement and no articles or materials placed off-sale or seized by the commissioner, or any duly authorized […]
§47-1A-14. Annual Registration and Permit Fees
(a) The annual registration fee for all manufacturers shipping or selling articles of bedding in the State of West Virginia shall be $90, payable on the first day of the fiscal year. Any manufacturer who submits an annual registration fee on or after July 16 shall pay a $25 late fee in addition to the […]
§47-1A-15. Organization of Bedding Division; Rules and Regulations; Enforcement of Article
The commissioner of labor shall have the power and duty, to: (1) Create and organize a division of the department of labor to be known as the "bedding division" for the purpose of administering and enforcing the provisions of this article; (2) appoint, remove and fix the compensation of the employees of the bedding division; […]
§47-1A-17. Power of Inspection and Seizure; Obstruction of Commissioner or Employees Prohibited
Every place where articles of bedding are made, remade or renovated, or materials therefor are prepared or sterilized, where such articles or materials are sold, shall be subject to inspection by the commissioner or duly authorized employee of the bedding division who shall have the power to inspect the manufacture and sale or delivery of […]
§47-1A-18. Penalties for Violations
Any person who violates a provision of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall, for a first offense, be fined not less than $50 nor more than $500; for a second or subsequent offense, shall be fined not less than $100 nor more than $1,000 or imprisoned for not […]
§47-1A-2. Definitions
As used in this article, unless the contents clearly require otherwise: "Commissioner" means commissioner of labor. "Department" means state department of labor. "Bedding" or "articles of bedding" includes upholstered furniture and filling material (as herein defined) and any mattress, pillow, cushion, quilt, bed pad, comforter, upholstered spring bed, headboard, box springs, davenport or day bed, […]
§47-1A-3. Sales of New or Secondhand Bedding Prohibited Unless Tagged; Sales of Secondhand Filling Material as New Prohibited; Presence of Secondhand Material or Bedding as Evidence of Sale or Use
No person shall sell as new any article of bedding unless it is made from all new material and shall be tagged as hereinafter provided. No person shall sell, representing it to be new material, any secondhand hair, down, feathers, wool, cotton, kapok or other material used for filling articles of bedding. No person shall […]
§47-1A-4. Bedding and Filling Material Exposed to Disease to Be Sterilized and Tagged Before Sale
No person shall sell any article of bedding, or any filling material used in the making thereof, which has been used by or about any person having an infectious or contagious disease unless such article or material shall have been sterilized and is tagged as hereinafter provided.
§47-1A-5. Filling Material From Any Animal or Fowl or Unsanitary Material to Be Sterilized
No person shall use any filling material to make any article of bedding for sale that is made from material (a) that comes from any animal or fowl, (b) that contains any bugs, vermin, insects or filth, (c) that is unsanitary, unless such material has been thoroughly sterilized by a process approved by the commissioner.
§47-1A-6. Secondhand Filling Material to Be Sterilized
No person shall use any filling material to make any article of bedding for sale that is made from material that is secondhand unless such material has been thoroughly sterilized by a process approved by the commissioner.
§47-1A-7. Registration by Sellers of Bedding or Filling Material Required
No person, firm or corporation shall sell or offer for sale any article of bedding or filling material, as defined in this article, in the State of West Virginia, unless the person, firm or corporation is registered and paid the registration fee as defined in section fourteen of this article.
§47-1A-8. Altering, Defacing or Removing Tag or Stamp
No person other than a purchaser at retail for his own use or benefit, except as herein otherwise provided, shall remove, deface, alter or cause to be removed, defaced or altered, any tag or inspection stamp attached to an article of bedding: Provided, however, That immediately after material used for filling has been removed from […]
§47-1A-9. Counterfeiting Stamps or Permits
No person shall have in his possession or shall make, use or sell any counterfeit or colorable imitation of the inspection stamp or permit required by this article. Each counterfeited or imitated stamp or permit made, used, sold, offered for sale, delivered or consigned for sale shall constitute a separate offense.