§ 23-26-1 - Definitions.
SECTION 23-26-1
§ 23-26-1 Definitions. – The following words, as used in this chapter, unless the context otherwiserequires, shall have the following meanings:
(1) "Bedding" or "article of bedding" includes upholsteredfurniture and filling material or its container (as herein defined) and anymattress, pillow, cushion, quilt, bedpad, comforter, upholstered spring bed,box spring, davenport or day bed, bed spring, metal couch, metal folding bed,metal cot, metal cradle, metal bassinet, and any glider, hammock, or othersubstantially similar article which is wholly or partly upholstered, when usedor intended for use for sleeping or reclining purposes.
(2) "Department" means the department of business regulation.
(3) "Director" means the director of business regulation.
(4) "Filling material" includes any hair, down, feathers,wool, cotton, kapok, or other material used for filling articles of bedding orupholstered furniture.
(5) "Manufacture," "making," "make," or "made" includesaltering, repairing, remaking, renovating, finishing, or preparing articles ofbedding or upholstered furniture or filling materials for sale or compensation.
(6) "New" means any material or article which has not beenpreviously used for any purpose, except that an article of bedding returned bythe purchaser for exchange, alteration, or correction within thirty (30) daysfrom date of delivery after original sale at retail, shall be deemed to be anew article, but thirty (30) days from date of delivery the article shall bedeemed to be second-hand.
(7) "Repairer-renovator" means any person who repairs, makesover, re-covers, restores, renovates, or otherwise prepares or tags articles ofbedding, directly for the consumer, or for direct sale by the person at retail.
(8) "Sale," "sell," or "sold," includes offering or exposingfor sale or exchange or lease or consigning or delivering in consignment forsale, exchange, or lease or holding in possession with like intent. Thepossession of any article of bedding, as herein defined, by any maker ordealer, or his or her agent or servant in the course of business, shall bepresumptive evidence of intent to sell.
(9) "Second-hand" means any material or article of whichprior use has been made.
(10) "Supply dealer" means any person who breaks bulk,packages, or repackages, or otherwise prepares or tags any filling material orarticles of bedding, for sale other than at retail.
(11) "Upholstered furniture" means any article of householdfurniture wholly or partly stuffed or filled with soft material, and which isused or intended for use for sitting, reading, or reclining purposes.