Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 5. Department Of Health
Chapter 125. Regulations for Bedding and Upholstered Furniture Inspection Program

12VAC5-125-40. Exemptions.

The provisions of this chapter shall not apply to:

1. Any item of bedding or upholstered furniture sold under the order of any court or pursuant to § 55-419 of the Code of Virginia, any sale of a decedent's estate or any sale by any individual of his household effects.

2. Upholstered furniture and bedding products that are antiques as defined in 12VAC5-125-10.

3. Any interstate public carrier.

4. Any state institution, agency or department unless such institution, agency or department offers for sale to the public items of bedding or upholstered furniture manufactured, reupholstered or renovated by it.

5. Any retailer who sells, gives away, or rents used upholstered furniture that has been purchased by the retailer as new furniture and has been used in the course of business when such used furniture has been (i) conspicuously identified as used furniture and (ii) reduced in price, sold at auction, donated to charity, or made available for a rental fee, and so tagged.

6. Any person who sells at retail, exclusively on a consignment basis, articles of bedding that are handmade by individuals and whose gross annual receipts from the sale of such articles are not in excess of $2,000 shall be deemed to be the manufacturer of such articles and shall not be required to obtain a license to make such articles. Each such article shall have a label affixed stating the kind of filling materials used in such article but shall be exempt from any other requirement as to tags set forth in this chapter.

Statutory Authority

§ 32.1-12 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 23, eff. September 1, 2007.

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