Legislation
SECTION 37-1011
Certification of compliance
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 37, TITLE 10
§ 37-1011. Certification of compliance.
1. For the purpose of this section the following terms shall have the
following meanings:
(a) "covered products" shall mean:
(i) mattresses, upholstered furniture, or electronic displays; or
(ii) upholstered or reupholstered furniture components for custom
upholsterers.
(b) "manufacturer" shall mean a person who, for sale in the state:
(i) assembles or substantially assembles covered products;
(ii) manufactures covered products under its own brand name or under
any other brand name;
(iii) sells covered products under its own brand name;
(iv) owns a brand name that it licenses to another person for use on
covered products;
(v) imports covered products; or
(vi) manufactures covered products without affixing a brand name.
2. No person that sells covered products shall be held in violation of
this title if they can show that they relied in good faith on the
written assurance of the manufacturer that such covered products met the
requirements of this title. Such written assurance shall take the form
of a certificate of compliance stating that such covered product is in
compliance with the requirements of this title, provided however, where
compliance is achieved under an exemption provided in section 37-1005 of
this title, the certificate shall state the specific basis upon which
the exemption is claimed. The certificate of compliance shall be signed
by an authorized official of the manufacturer.
1. For the purpose of this section the following terms shall have the
following meanings:
(a) "covered products" shall mean:
(i) mattresses, upholstered furniture, or electronic displays; or
(ii) upholstered or reupholstered furniture components for custom
upholsterers.
(b) "manufacturer" shall mean a person who, for sale in the state:
(i) assembles or substantially assembles covered products;
(ii) manufactures covered products under its own brand name or under
any other brand name;
(iii) sells covered products under its own brand name;
(iv) owns a brand name that it licenses to another person for use on
covered products;
(v) imports covered products; or
(vi) manufactures covered products without affixing a brand name.
2. No person that sells covered products shall be held in violation of
this title if they can show that they relied in good faith on the
written assurance of the manufacturer that such covered products met the
requirements of this title. Such written assurance shall take the form
of a certificate of compliance stating that such covered product is in
compliance with the requirements of this title, provided however, where
compliance is achieved under an exemption provided in section 37-1005 of
this title, the certificate shall state the specific basis upon which
the exemption is claimed. The certificate of compliance shall be signed
by an authorized official of the manufacturer.