BILL NO A00309
SAME AS SAME AS S01346
SPONSOR Dinowitz (MS)
COSPNSR Gottfried, Jaffee, Hikind, Mosley, Otis
MLTSPNSR Arroyo, Brennan, Brook-Krasny, Cook, Perry, Rivera
Amd SS383 & 387, add S385-b, Gen Bus L
Provides for the sanitization of every used mattress or bedding material
transported, stored or sold in the state.
BILL NUMBER: A309
TITLE OF BILL : An act to amend the general business law, in
relation to articles of bedding
PURPOSE OR GENERAL IDEA OF BILL : This bill addresses the growing
concerns regarding infestations of bedbugs, as well as the co-mingling
of new and used bedding.
SUMMARY OF SPECIFIC PROVISIONS : This bill amends Article 25
(Articles of Bedding) of the general business law. Section 385-b
details how used bedding is transported, stored or sold.
Section 387 will require inspections of bedding manufacturers every
JUSTIFICATION : Bedbugs have become more prevalent. News releases
have indicated that bedbugs have appeared in the county's finest
hotels like the Ramada Plaza in San Francisco, the five-star Westin
resort in Hollywood, Florida, and the Regency Inn and Suites in New
York City. According to the National Pest Management Association, bed
bug complaints have increased 50-fold over the last five years,
appearing in apartments, mansions and dormitories in nearly every
corner of the country. At one point this pest was virtually
eliminated, however, it has made a comeback. The problem has even seen
legislation proposed at the federal level. In 2008, Rep. G. X.
Butterfield sponsored the "Don't Let the Bed Bugs Bite Act of 2008."
Cross contamination between contaminated used and new furniture has
contributed to the spread of this pest. This legislation address the
need for sanitizing second-hand bedding, and preventing used bedding
that has not been sanitized from being transported, stored or sold
with new bedding.
LEGISLATIVE HISTORY : 2013-14: A.8476 Passed Assembly/S.57 -
Referred to Consumer Protection 2011-12: A.4243-A Passed
Assembly/S.358-A - Committed to Rules 2010: A.7691C- Vetoed Memo
6735/5.7316- Vetoed Memo 6735
FISCAL IMPLICATIONS : To be determined
EFFECTIVE DATE : This act shall take effect on the one hundred
eightieth day after it shall have become a law.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
January 7, 2015
Introduced by M. of A. DINOWITZ, GOTTFRIED, JAFFEE, HIKIND, MOSLEY, OTIS
-- Multi-Sponsored by -- M. of A. ARROYO, BRENNAN, BROOK-KRASNY,
CAMARA, COOK, PERRY, RIVERA -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to articles of
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 2 and 3 of section 383 of the general business
2 law, as added by chapter 309 of the laws of 1996, are amended to read as
4 2. "New" shall mean any material or article which has not been previ-
5 ously used for any purpose, including by-products produced in the manu-
6 facture of new fabric, and material reclaimed from new fabric[; except
7 that an article of bedding returned by the purchaser for exchange,
8 alteration, or correction, within thirty days after date of delivery
9 after original sale at retail, shall be deemed to be a new article, but
10 thirty days after date of such delivery such article shall be deemed to
11 be used];
12 3. "Used" shall mean any components, ARTICLES OR MATERIALS from
13 [previously used] bedding NOT CLASSIFIED AS NEW.
14 S 2. The general business law is amended by adding a new section 385-b
15 to read as follows:
16 S 385-B. TRANSPORT, STORAGE AND SALE OF USED BEDDING. 1. NO USED
17 BEDDING SHALL BE STORED OR SOLD WITH NEW BEDDING UNLESS THE USED BEDDING
18 HAS BEEN SANITIZED IN ACCORDANCE WITH THE STANDARDS ESTABLISHED IN REGU-
19 LATION BY THE DEPARTMENT OF STATE PURSUANT TO SECTION THREE HUNDRED
20 EIGHTY-FIVE OF THIS ARTICLE.
21 2. NO USED BEDDING SHALL BE TRANSPORTED WITH NEW BEDDING UNLESS THE
22 USED BEDDING HAS BEEN SANITIZED IN ACCORDANCE WITH THE STANDARDS ESTAB-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 309 2
1 LISHED IN REGULATION BY THE DEPARTMENT OF STATE PURSUANT TO SECTION
2 THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE OR ENCLOSED IN NON-PERMEABLE
3 PLASTIC, POLYETHYLENE FILM OR SIMILAR MATERIAL DESIGNED TO PREVENT THE
4 PASSAGE OF CONTAMINANTS. SHIPPING BAGS OR SIMILAR PRODUCTS SHALL NOT BE
5 USED AS THE NON-PERMEABLE COVER REQUIRED BY THIS SUBDIVISION.
6 S 3. Section 387 of the general business law, as amended by chapter
7 249 of the laws of 1999, is amended to read as follows:
8 S 387. Inspections. Every place where articles of bedding are made,
9 remade or renovated, or materials therefor are prepared or sterilized,
10 or where such articles or materials are sold, shall be subject to
11 inspection by the secretary of state who shall have power to inspect the
12 manufacture, sale or delivery, and sanitization of all articles or mate-
13 rials covered by this article, to open and examine the contents thereof
14 and power to seize and hold for evidence any article of bedding, in
15 whole or in part, which the secretary has reason to believe is made or
16 sold or held in possession in violation of this article. THE FREQUENCY
17 OF SUCH INSPECTIONS SHALL BE AT THE DISCRETION OF THE SECRETARY OF
18 STATE, PROVIDED, HOWEVER, THAT EVERY PLACE WHERE ARTICLES OF BEDDING ARE
19 MADE, REMADE OR RENOVATED, OR MATERIALS THEREFORE ARE PREPARED OR STERI-
20 LIZED, OR WHERE SUCH ARTICLES OR MATERIALS ARE SOLD, SHALL BE INSPECTED
21 AT LEAST ONCE DURING ANY CONTINUOUS THREE YEAR PERIOD IN WHICH SUCH
22 PLACE IS REGISTERED PURSUANT TO THIS ARTICLE. For the purpose of admin-
23 istering and enforcing the provisions of this article the secretary
24 shall have and may use the powers conferred on him by the executive law
25 in addition to the powers conferred in this article.
26 S 4. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law.