Virginia Law

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Antique" means any product that is at least 75 years old.

"As is" means a sales term to describe bedding and upholstered furniture products as any condition other than in new or undamaged condition.

"Bedding" means any mattress, mattress pad, box spring, upholstered bed, davenport, futon, upholstered sofa bed, quilted pad, packing pads, hammock pad, comforter, quilt, bolster, cushion, pillow, featherbed, sleeping bag, studio couch, or any other bag, case, pillow, cushion, or cover made of leather, textile, or other material that is stuffed or filled in whole or in part with concealed substance that can be used by any human being for sleeping or reclining purposes.

"Bedding Program" means the Bedding and Upholstered Furniture Inspection Program, a unit of the Department of Health authorized by the commissioner to carry out the duties and responsibilities of this chapter.

"Board" means the State Board of Health.

"Commissioner" means the State Health Commissioner, his duly designated officer or agent.

"Department" means the State Department of Health.

"Designee" or "designated officer or agent" means any person or group of persons designated by the commissioner to act on his behalf.

"Distributor/wholesaler" means any person who receives bedding, upholstered furniture, or filling materials from another company for the purpose of resale.

"Filling material" means cotton, wool, feathers, kapok, down, hair, liquid, plant or vegetable fibers, or any other material or substance or combination thereof, loose or in batting, pads, or any prefabricated form, concealed or not concealed, that is used or that may be used in articles of bedding or upholstered furniture.

"Importer" means any person who for the purpose of manufacture or resale receives bedding, upholstered furniture or filling material from any country other than the United States.

"Inspector" means department employees designated by the commissioner to inspect, examine, investigate, evaluate and conduct tests, review documentation, interview witnesses, take samples and provide testimony in the enforcement of Title 32.1 of the Code of Virginia and § 59.1-200 of the Virginia Consumer Protection Act.

"Law label" means the tag bearing legal information concerning the contents and manufacturing location as required by § 32.1-219 of the Code of Virginia. A white tag certifies all new materials. A yellow label indicates used materials.

"License" means permission granted in accordance with § 32.1-217 of the Code of Virginia for every person manufacturing, importing, distributing/wholesaling, processing or selling any filling materials to be used in new bedding and upholstered furniture, and reupholstering or renovating bedding or upholstered furniture being returned to its original owner.

"Licensing state" means any of the United States that require a manufacturer, importer, distributor/wholesaler, supply dealer, reupholsterer, or renovator to apply for a license in order to sell bedding and upholstered furniture products in that state.

"Manufacturer" means a person who, using new materials, makes or has employees or agents who make any article of bedding or upholstered furniture in whole or in part, or who covers or upholsters any unit thereof.

"New" means not previously used for any purpose. Uncovered floor models and customer returns shall not be considered new. Manufacturing process shall not be considered prior use.

"Permit" means consent granted in accordance with § 32.1-216 of the Code of Virginia to approve a process to sanitize or sterilize filling material, bedding or upholstered furniture by a person treating used products for resale.

"Person" means an individual, corporation, partnership, association or any other legal entity.

"Renovator" means a person who rebuilds, repairs, makes over, re-covers, restores, renovates or renews used bedding.

"Retailer" means any person engaged in commerce who sells any article of bedding, upholstered furniture or filling materials to a consumer of the article as purchased.

"Reupholsterer" means a person who, either by himself or through employees or agents, repairs, reupholsters, recovers, restores, or renews upholstered furniture; or who makes to order and specification of the user any article of upholstered furniture, using either new materials or the owner's materials.

"Sanitize" means to reduce the level of microbiological agents to a level not injurious to health.

"Sanitizer" means a person who sanitizes articles of bedding or upholstered furniture.

"Secondhand" means having been made prior use of or containing any filling material of which prior use has been made or that has been in a customer's possession.

"Sell" or any of its variants, includes any of, or any combination of, the following: sell, offer or expose for sale, barter, trade, deliver, give away, rent, consign, lease, possess with an intent to sell or dispose of in any other commercial manner.

"Shoddy" means any material that has been spun into yarn, knit, or woven into fabric and subsequently, cut up, torn up, broken or ground up.

"Shoddy pad" (also called "insulator pad") means a nonwoven material made from byproducts of textile or manufacturing processes and is free from dirt, insects, and other contamination.

"Soiled or torn" means articles of new or used bedding or upholstered furniture that contain stains, dirt, ripped edges or covers, or damaged frames.

"Sterilize" means to render free of viable microbiological agents.

"Supply dealer" means a person who manufactures, processes or sells any felt, batting, pads, woven or plastic fabrics, or loose material in bags or containers, concealed or not concealed, to be used or that could be used in articles of upholstered furniture or bedding.

"Uniform registry number" (also called "registration number" and "REG. NO.") means a unique number assigned to a licensee by a licensing state to identify the name and each location of a manufacturer, reupholsterer, sanitizer, renovator, or importer of bedding and upholstered products. The Uniform Registry Number begins with the initials of the licensing state, followed by the assigned number, then the initials of the state or country where the manufacturer, reupholsterer, sanitizer, renovator, or importer is physically located. Each location of a manufacturer, reupholsterer, sanitizer, renovator, or importer uses only one Uniform Registry Number.

"Upholstered furniture" means any article of furniture designed to be used for sitting, resting or reclining that is wholly or partly stuffed or filled with any filling material. Upholstered furniture may include, but is not limited to, children's furniture, furniture used exclusively for the purpose of physical fitness and exercise, medical equipment, or furniture or seats in RVs, boats or automobiles. Upholstered furniture may be movable or stationary, made or sold with cushions or pillows, loose or attached, or is itself stuffed or filled in whole or in part with any substance or material, hidden or concealed by fabric or any other covering, including cushions or pillows belonging to or forming a part thereof, together with the structural units, the filling material and its container and its covering that can be used as a support for the body of a human being, or his limbs and feet.

"Used" means bedding or upholstered furniture that has been previously owned or used by another person.

"Wholesaler" means a person who, on his own account, sells any article of upholstered furniture or bedding or filling materials to another for the purpose of resale.

Filling material definitions will be in accordance with definitions published in the 2004 Edition of the International Sleep Products Association Handbook.