CHAPTER 32. REGULATION OF LODGING FACILITIES AND BEDDING MATERIALS: MATERIALS USED IN MATTRESSES AND BEDDING
IC 16-41-32
Chapter 32. Regulation of Lodging Facilities and Bedding
Materials: Materials Used in Mattresses and Bedding
IC 16-41-32-1
Regulation and inspection
Sec. 1. The regulation and inspection of the use of unsanitary
material in the manufacture, renovation, or repair of bedding and the
sale of articles of bedding containing unsanitary material is necessary
for the protection of the health and welfare of the people of Indiana
and is declared to be a proper exercise of the police powers of the
state.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-2
Sales of bedding by householders; application of chapter
Sec. 2. This chapter does not apply to the sale by a householder
of bedding that meets the following conditions:
(1) Was owned and used by the householder and the
householder's family.
(2) Was not acquired for resale.
However, the sale of the bedding by a householder through an agent
must be within the provisions of this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-3
Manufacture and renovation of bedding by owners; application of
chapter
Sec. 3. This chapter does not apply to the making, remaking, or
renovating of any article of bedding by or for the owner, for the
owner's own use, and for the purpose of sale:
(1) if the same or new material is used; or
(2) if sterilized material is used and that fact is indicated on a
label prescribed by the state department.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-4
Bedding sold by court order; application of chapter
Sec. 4. This chapter does not apply to any articles of bedding sold
under court order.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-5
Bedding
Sec. 5. As used in this chapter, "bedding" means any mattress,
mattress pad, mattress protector pad, box spring, upholstered spring,
upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow,
featherbed, sleeping bag, or any other bag, case, or covering that
meets the following conditions:
(1) Is made of leather, textile, or other material.
(2) Is stuffed or filled with any soft material or substance.
(3) Is designed or made for sleeping or reclining purposes or
that is an integral part of a bed or couch or other device used for
sleeping or reclining purposes.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-6
Filling material
Sec. 6. As used in this chapter, "filling material" means the
following:
(1) Hair.
(2) Down.
(3) Feathers.
(4) Wool.
(5) Cotton.
(6) Kapok.
(7) Plant fibers.
(8) Any other soft material used in the manufacture of and the
filling or stuffing of articles of bedding.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-7
Manufacture
Sec. 7. (a) As used in this chapter, "manufacture" means making,
remaking, or renovating.
(b) The term includes altering, repairing, finishing, refinishing, or
preparing articles of bedding for sale or resale made of either new or
secondhand material.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-8
New
Sec. 8. As used in this chapter, "new" means an article of bedding
or filling material that has not been previously used for any purpose.
Manufacturing processes may not be considered a prior use.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-9
Renovate
Sec. 9. As used in this chapter, "renovate" means to restore to
former condition or to place in a good state of repair.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-10
Secondhand
Sec. 10. As used in this chapter, "secondhand" means any article
of bedding or material or part of bedding or material of which prior
use of any kind has been made. An article of bedding must be
considered secondhand if the article contains any secondhand
material in whole or in part.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-11
Sell
Sec. 11. As used in this chapter, "sell", or a variation of "sell",
includes any of the following, or any combination of the following:
(1) Sell.
(2) Offer.
(3) Expose for sale.
(4) Barter.
(5) Trade.
(6) Lend.
(7) Deliver.
(8) Give away.
(9) Rent.
(10) Consign.
(11) Lease.
(12) Possess with intent to sell.
(13) Dispose of in any other commercial manner.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-12
Supply dealer
Sec. 12. As used in this chapter, "supply dealer" means any person
manufacturing, processing, or selling at wholesale any felt batting,
pads, or loose material in bags or containers, concealed or not
concealed, to be used in articles of bedding.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-13
Wholesaler
Sec. 13. (a) As used in this chapter, "wholesaler" means a person
located outside Indiana who, on the person's own account, sells or
distributes an article of bedding or filling material to another for the
purpose of resale.
(b) The term does not include an affiliate or a subsidiary:
(1) if the ownership and name are identical; and
(2) that is the exclusive sales outlet of a manufacturer.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-14
Administration of chapter
Sec. 14. (a) The state department shall administer this chapter.
The state department may:
(1) adopt rules under IC 4-22-2 to administer this chapter;
(2) employ persons as necessary under IC 4-15-2;
(3) make expenditures;
(4) require reports and records;
(5) make investigations; and
(6) take other action;
as the state department considers necessary or suitable for the proper
administration of this chapter.
(b) The state department may authorize persons to do any act that
may be done by the state department.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-15
Inspections of articles and records
Sec. 15. (a) The state department may take possession of an article
of bedding or filling material made or offered for sale for inspection
and may open the article of bedding to examine the contents.
(b) The state department may also inspect the purchase records of
the owner of the articles of bedding to determine the kinds of
materials used.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-16
Prohibitions of sale; labels
Sec. 16. (a) If an article of bedding does not meet the
requirements of this chapter, the state department shall do the
following:
(1) Prohibit the sale of the article.
(2) Affix to each article of bedding a label designed and
prescribed by the state department.
(b) The article of bedding may not be sold without the written
consent of the state department. The label may not be removed
except by an agent of the state department.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-17
Inspections of sites
Sec. 17. A location where:
(1) an article of bedding covered by this chapter is made,
remade, or renovated;
(2) material for the article of bedding is manufactured,
prepared, or stored;
(3) the article of bedding is offered for sale or is possessed with
intention to sell; or
(4) sterilization or disinfection is performed;
is subject to periodic inspection by the state department for the
purpose of administering or enforcing this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-18
Interference with inspections
Sec. 18. It is unlawful for any person to interfere with any
inspection under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-19
Sterilization and disinfection of materials
Sec. 19. A person engaged in:
(1) the manufacturing, remaking, or renovating of an article of
bedding; or
(2) processing or selling felt, batting, pads, or loose material to
be used in articles of bedding covered by this chapter;
may not use any secondhand material, new or secondhand feathers,
down, or any material that comes from an animal unless the
secondhand material, feathers, down, or other material has been
thoroughly sterilized or disinfected by a process approved by the
state department.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-20
Prohibited sales
Sec. 20. A person may not sell:
(1) an article of bedding covered by this chapter that is made,
remade, or renovated in violation of this chapter; or
(2) a secondhand article of bedding or filling material covered
by this chapter unless, since the article's last use, the article has
been sterilized or disinfected by a process approved by the state
department.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-21
Sterilization and disinfection permits
Sec. 21. (a) A person desiring to secure approval of the process by
which the articles of bedding or filling materials are sterilized or
disinfected, in accordance with sections 19 and 20 of this chapter,
shall submit to the state department a plan of the apparatus and the
process intended to be used for such sterilization or disinfection.
(b) After the state department inspects and approves the process
and equipment to be used, the state department shall issue a
numbered permit for use.
(c) A sterilization or disinfection permit issued under subsection
(b) must be conspicuously posted on the premises near the sterilizer.
(d) A person holding a sterilization or disinfection permit shall
keep an accurate written record of all articles of materials that are
sterilized or disinfected, including the following:
(1) The date the sterilization or disinfection was performed.
(2) In the case of articles of bedding, the name and address of
the buyer or owner of the articles.
This record shall be available for examination at any time by the
state department.
(e) An application for a permit for the approval of a sterilization
or disinfection process and equipment located outside Indiana may
be approved only after the state department conducts a personal
inspection of that process and equipment, unless the other state has
an inspection service that is acceptable to the state department. The
applicant shall pay the expenses for an inspection outside Indiana.
(f) The state department shall revoke the sterilization or
disinfection permit of a person who, after fair hearing or opportunity
to be heard by the state department, is found to be in noncompliance
with the sterilization or disinfection provisions of this chapter. The
state department may not issue a new permit to the person until the
person does the following:
(1) Satisfies the state department that the person will comply
with this chapter and the rules adopted under this chapter.
(2) Posts a five hundred dollar ($500) bond in favor of the state
department to guarantee compliance.
(g) This chapter does not prevent a person engaged in the making,
remaking, renovation, or sale of an article of bedding or material that
requires sterilization or disinfection under this chapter from having
the sterilization or disinfecting performed by a person who has a
valid permit for the purposes if the number of the permit appears on
the tag attached to each article of bedding or filling material as
described in section 22 of this chapter.
As added by P.L.2-1993, SEC.24. Amended by P.L.142-1995,
SEC.27.
IC 16-41-32-22
Information tags
Sec. 22. (a) Each new article of bedding governed by this chapter
must have securely attached to the article a substantial white cloth
tag that meets the following conditions:
(1) Is visible on the outside covering, with the visible part being
not less than six (6) square inches in size.
(2) Will not flake when abraded.
(3) Upon which is indelibly stamped or printed in the English
language a statement of the following:
(A) Describing the kind of materials used in filling the
article of bedding.
(B) Stating that the materials are new.
(C) Disclosing the name and address of the manufacturer,
distributor, or vendor.
(D) For articles of bedding made of feather, down, or
material that comes from an animal, the number of the
permit issued to the processor who sterilized or disinfected
the materials.
(E) For articles of bedding containing mixtures of material
from animal or fowl, the percentage by weight of each kind
of material contained in the article of bedding.
(b) Each article of bedding containing secondhand material, in
whole or in part, must have securely attached to the article a similar
tag of yellow cloth upon which is stamped or printed in the same
manner as required in subsection (a) a statement of the following:
(1) Describing the kind of materials used in filling the article of
bedding.
(2) Stating that the article of bedding or materials in the bedding
are secondhand.
(3) Disclosing the number of the permit issued to the processor
who sterilized or disinfected the article of bedding or materials
in the bedding.
(c) A shipment or delivery, however contained, of material used
for filling articles of bedding must have conspicuously attached to
the material a tag upon which is stamped or printed, as required in
this section, a statement of the following:
(1) Describing the kind of material.
(2) Stating whether the material is new or secondhand.
(3) Disclosing the name and address of the manufacturer,
distributor, or vendor.
(4) For secondhand material or material from animal or fowl,
disclosing the permit number of the processor who sterilized or
disinfected the material.
(d) The terms used on the tag to describe filling materials must be
restricted to those defined in the rules adopted under this chapter. A
trade or substitute term may not be used, and no additional
information may be contained in the statement. The description of
the filling material and the statement of whether new or secondhand
must be in plain type not less than one-eighth (1/8) inch in height.
As added by P.L.2-1993, SEC.24. Amended by P.L.142-1995,
SEC.28.
IC 16-41-32-23
Bedding labels; false or misleading statements; removal, defacing,
or alteration
Sec. 23. A person may not:
(1) use a false or misleading statement, term, or designation on
a bedding label; or
(2) remove, deface, or alter or attempt to remove, deface, or
alter the label or the statement of filling materials that appears
on the label.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-24
Repealed
(Repealed by P.L.142-1995, SEC.32.)
IC 16-41-32-25
Intent to sell; presumptive evidence
Sec. 25. The possession of an article of bedding or filling material
by a maker, remaker, or dealer in the course of business is
presumptive evidence of intent to sell.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-26
Repealed
(Repealed by P.L.142-1995, SEC.32.)
IC 16-41-32-27
Renovation tags
Sec. 27. A person who receives an article of bedding governed by
this chapter for renovation shall attach, at the time received, a red tag
on which the date of receipt and the name and address of the owner
are legibly written.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-28
Clean materials
Sec. 28. Filling material that is used in the manufacture of
bedding governed by this chapter must be free from extraneous
foreign matter, dirt, or trash.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-29
Clean premises and equipment
Sec. 29. The premises, delivery equipment, machinery,
appliances, and devices of:
(1) bedding manufacturers;
(2) supply dealers;
(3) renovators;
(4) sterilizers or disinfectors; and
(5) retailers;
must at all times be kept free from refuse, dirt contaminations,
insects, and vermin.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-30
Violations
Sec. 30. (a) A person who:
(1) knowingly makes a false statement, misrepresentation, or
report to the state department; or
(2) knowingly fails to disclose a material fact to avoid liability
under this chapter;
commits a Class B misdemeanor.
(b) A person who knowingly violates or fails to comply with this
chapter commits a Class B misdemeanor.
As added by P.L.2-1993, SEC.24.
IC 16-41-32-31
Enforcement
Sec. 31. All proceedings for the enforcement of this chapter or to
restrain violations of this chapter shall be in the name of the state.
As added by P.L.2-1993, SEC.24.