S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2966

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              March 9, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general  business  law,  in  relation  to  requiring
  bedding to be securely sealed and packaged prior to shipping or deliv-
  ery to end-user consumers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
389-d to read as follows:
  S 389-D. PACKAGING OF BEDDING. 1. ANY PERSON OR ENTITY THAT  PRODUCES,
MANUFACTURES,  PACKAGES, DISTRIBUTES, OR SELLS NEW BEDDING IN THIS STATE
SHALL ASSURE THAT SUCH BEDDING IS SECURELY PACKAGED AND SEALED PRIOR  TO
SHIPPING  AND  PRIOR  TO DELIVERY TO END-USER CONSUMERS. AS USED IN THIS
SECTION "SECURELY PACKAGED AND SEALED" MEANS THAT THE MATTRESS SHALL  BE
ENCLOSED  IN  A PLASTIC BAG OR BOX HAVING NO RIPS, TEARS, HOLES OR OTHER
DAMAGE, AND SHALL COMPLY WITH REGULATIONS PROMULGATED BY THE  DEPARTMENT
OF  HEALTH  PURSUANT  TO  SUBDIVISION THREE OF THIS SECTION. IT SHALL BE
UNLAWFUL TO SHIP OR PROVIDE TO END-USER CONSUMERS  ANY  BEDDING  NOT  SO
PACKAGED.
  2.  EXEMPTIONS. THE FOLLOWING SHALL BE UNCONDITIONALLY EXEMPT FROM THE
PROVISIONS OF THIS SECTION:
  (A) BEDDING DESTINED FOR EXPORT FROM THE STATE IF THE PACKAGING IS NOT
SEPARATED FROM THE BEDDING BEFORE EXPORT;
  (B) BEDDING THAT HAS BEEN DELIVERED TO A  PACKAGER  PRIOR  TO  JANUARY
FIRST,  TWO  THOUSAND ELEVEN OR WAS MANUFACTURED PRIOR TO JANUARY FIRST,
TWO THOUSAND ELEVEN; AND
  (C) BEDDING ASSOCIATED WITH RETAIL SALES OF USED MERCHANDISE BY  INDI-
VIDUAL CONSUMERS SUBSEQUENT TO INITIAL RETAIL SALE.
  3. REGULATIONS. ON OR BEFORE JUNE FIRST, TWO THOUSAND TEN, THE DEPART-
MENT OF HEALTH SHALL ADOPT RULES AND REGULATIONS PERTAINING TO THE PACK-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09846-01-9

              

S. 2966                             2

AGING OF BEDDING AS PROVIDED IN THIS SECTION AND AS ARE OTHERWISE NECES-
SARY TO CARRY OUT THE PROVISIONS OF THIS SECTION.
  4.  (A)  ANY PERSON OR ENTITY VIOLATING THE PROVISIONS OF THIS SECTION
OR THE RULES AND REGULATIONS PROMULGATED PURSUANT TO THE  PROVISIONS  OF
SUBDIVISION  THREE  OF  THIS SECTION SHALL BE FINED FOR EACH OFFENSE NOT
LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN THREE HUNDRED DOLLARS.  EACH
ITEM  OF BEDDING SOLD, OFFERED FOR SALE, DELIVERED OR CONSIGNED CONTRARY
TO THE PROVISIONS OF THIS SECTION SHALL CONSTITUTE A SEPARATE OFFENSE.
  (B) WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM  EVIDENCE  SATIS-
FACTORY  TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION
OR AGENT OR EMPLOYEE THEREOF HAS VIOLATED ANY PROVISION OF THIS SECTION,
HE OR SHE MAY BRING AN ACTION IN THE SUPREME COURT OF THE STATE  OF  NEW
YORK  FOR A JUDGMENT ENJOINING THE CONTINUANCE OF SUCH VIOLATION AND FOR
A CIVIL  PENALTY  OF  NOT  MORE  THAN  FIVE  HUNDRED  DOLLARS  FOR  EACH
VIOLATION.  IF  IT  SHALL  APPEAR  TO  THE  SATISFACTION OF THE COURT OR
JUSTICE THAT THE DEFENDANT HAS VIOLATED ANY PROVISION OF  THIS  SECTION,
NO  PROOF SHALL BE REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR
THAT THE DEFENDANT KNOWINGLY OR INTENTIONALLY VIOLATED  SUCH  PROVISION.
IN  SUCH  ACTION,  PRELIMINARY  RELIEF  MAY  BE  GRANTED  UNDER  ARTICLE
SIXTY-THREE OF THE CIVIL PRACTICE LAW AND RULES.
  S 2. This act shall take effect immediately.