S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5227--A
                                                         Cal. No. 343
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced  by  M.  of  A.  DINOWITZ, GOTTFRIED, JAFFEE, HIKIND, MOSLEY,
   OTIS, WEPRIN -- Multi-Sponsored by -- M. of A.  ARROYO,  COOK,  PERRY,
   RIVERA  -- read once and referred to the Committee on Consumer Affairs
   and Protection -- reported and referred to the Committee on  Codes  --
   reported  and  referred to the Committee on Ways and Means -- reported
   from committee, advanced to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place on the order of third reading
 
 AN  ACT  to  amend  the general business law, in relation to articles of
   bedding
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 2 and 3 of section 383 of the general business
 law, as added by chapter 309 of the laws of 1996, are amended to read as
 follows:
   2.  "New" shall mean any material or article which has not been previ-
 ously used for any purpose, including by-products produced in the  manu-
 facture  of  new fabric, and material reclaimed from new fabric[; except
 that an article of bedding  returned  by  the  purchaser  for  exchange,
 alteration,  or  correction,  within  thirty days after date of delivery
 after original sale at retail, shall be deemed to be a new article,  but
 thirty  days after date of such delivery such article shall be deemed to
 be used];
   3. "Used" shall  mean  any  components,  ARTICLES  OR  MATERIALS  from
 [previously used] bedding NOT CLASSIFIED AS NEW.
   § 2. The general business law is amended by adding a new section 385-b
 to read as follows:
   §  385-B.    TRANSPORT,  STORAGE  AND SALE OF USED BEDDING. 1. NO USED
 BEDDING SHALL BE IN DIRECT CONTACT WITH NEW BEDDING IN A  STORAGE  WARE-
 HOUSE,  OR  STORED  OR SOLD WITH NEW BEDDING UNLESS THE USED BEDDING HAS
 BEEN SANITIZED IN ACCORDANCE WITH THE  STANDARDS  ESTABLISHED  IN  REGU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00097-03-7

 A. 5227--A                          2
 
 LATION  BY  THE  DEPARTMENT  OF  STATE PURSUANT TO SECTION THREE HUNDRED
 EIGHTY-FIVE OF THIS ARTICLE.
   2.  NO  USED  BEDDING SHALL BE TRANSPORTED WITH NEW BEDDING UNLESS THE
 USED BEDDING HAS BEEN SANITIZED IN ACCORDANCE WITH THE STANDARDS  ESTAB-
 LISHED  IN  REGULATION  BY  THE  DEPARTMENT OF STATE PURSUANT TO SECTION
 THREE HUNDRED EIGHTY-FIVE OF THIS ARTICLE OR ENCLOSED  IN  NON-PERMEABLE
 PLASTIC,  POLYETHYLENE  FILM OR SIMILAR MATERIAL DESIGNED TO PREVENT THE
 PASSAGE OF CONTAMINANTS.
   § 3. Section 387 of the general business law, as  amended  by  chapter
 249 of the laws of 1999, is amended to read as follows:
   §  387.  Inspections.  Every place where articles of bedding are made,
 remade or renovated, or materials therefor are prepared  or  sterilized,
 or  where  such  articles  or  materials  are  sold, shall be subject to
 inspection by the secretary of state who shall have power to inspect the
 manufacture, sale or delivery, and sanitization of all articles or mate-
 rials covered by this article, to open and examine the contents  thereof
 and  power  to  seize  and  hold for evidence any article of bedding, in
 whole or in part, which the secretary has reason to believe is  made  or
 sold  or held in possession in violation of this article.  THE FREQUENCY
 OF SUCH INSPECTIONS SHALL BE AT  THE  DISCRETION  OF  THE  SECRETARY  OF
 STATE, PROVIDED, HOWEVER, THAT EVERY PLACE WHERE ARTICLES OF BEDDING ARE
 MADE,  REMADE OR RENOVATED, OR MATERIALS THEREFOR ARE PREPARED OR STERI-
 LIZED, OR WHERE SUCH ARTICLES OR MATERIALS ARE SOLD, SHALL BE  INSPECTED
 AT  LEAST  ONCE  DURING  ANY  CONTINUOUS THREE YEAR PERIOD IN WHICH SUCH
 PLACE IS REGISTERED PURSUANT TO THIS ARTICLE. For the purpose of  admin-
 istering  and  enforcing  the  provisions  of this article the secretary
 shall have and may use the powers conferred on him by the executive  law
 in addition to the powers conferred in this article.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.