WVC 47 -
CHAPTER 47. REGULATION OF TRADE.
WVC 47 - 1 A-
ARTICLE 1A. REGULATION AND CONTROL OF BEDDING AND UPHOLSTERY
WVC 47 - 1 A- 1
§47-1A-1. Purpose of article.
The purpose of this article is to protect the purchaser of
articles of bedding as herein defined against disease and fraud.
WVC 47 - 1 A- 2
As used in this article, unless the contents clearly require
"Commissioner" means commissioner of labor.
"Department" means state department of labor.
"Bedding" or "articles of bedding" includes upholstered
furniture and filling material (as herein defined) and any
mattress, pillow, cushion, quilt, bed pad, comforter, upholstered
spring bed, headboard, box springs, davenport or day bed,
bedsprings, metal couch, metal bed, metal cot, metal cradle,
metal bassinette, which is wholly or partly upholstered and is
used or intended for use for sleeping, resting or reclining
"Upholstered furniture" means any article of household
furniture wholly or partly stuffed or filled with soft material
which is used or intended for use for sitting, resting or
reclining purposes."Upholstered furniture" does not include any
seat or cushion which is used in any automobile, truck, bus or
"Filling material" includes any hair, down, feathers, wool,
cotton, kapok, or other soft material used in the manufacture of
and for filling articles of bedding or upholstered furniture.
"New" means any material or article which has not been
previously used for any purpose, including by-products produced
in the manufacture of any fabric and material reclaimed from new
fabric: Provided, however, 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 if such article is
returned later than thirty days after the date of such delivery,
such article shall be deemed to be secondhand.
"Secondhand" means any material or article of which prior
use has been made, except as otherwise provided in this article.
"Manufacture,""making,""make," or "made" includes altering,
repairing, finishing or preparing articles of bedding or
upholstered furniture or filling materials for sale, including
remaking or renovating when done away from the home of the owner.
"Sale,""sell," or "sold" includes offering or exposing for
sale or exchange or lease or consigning or delivery in
consignment for sale, exchange or lease or holding in possession
with like intent.
"Person" shall include persons, partnerships, corporations
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§47-1A-3. Sales of new or secondhand bedding prohibited unless
tagged; sales of secondhand filling material as new
prohibited; presence of secondhand material or
bedding as evidence of sale or use.
No person shall sell as new any article of bedding unless it
is made from all new material and shall be tagged as hereinafter
No person shall sell, representing it to be new material,
any secondhand hair, down, feathers, wool, cotton, kapok or other
material used for filling articles of bedding.
No person shall sell any article of bedding made from
secondhand material unless it shall be tagged as hereinafter
For the purposes of this article, the presence on the
premises of any maker or vendor of any secondhand filling
material or article of bedding shall be presumptive evidence of
the sale or use.
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§47-1A-4. Bedding and filling material exposed to disease to be
sterilized and tagged before sale.
No person shall sell any article of bedding, or any filling
material used in the making thereof, which has been used by or
about any person having an infectious or contagious disease
unless such article or material shall have been sterilized and is
tagged as hereinafter provided.
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§47-1A-5. Filling material from any animal or fowl or unsanitary
material to be sterilized.
No person shall use any filling material to make any article
of bedding for sale that is made from material (a) that comes
from any animal or fowl, (b) that contains any bugs, vermin,
insects or filth, (c) that is unsanitary, unless such material
has been thoroughly sterilized by a process approved by the
WVC 47 - 1 A- 6
§47-1A-6. Secondhand filling material to be sterilized.
No person shall use any filling material to make any article
of bedding for sale that is made from material that is secondhand
unless such material has been thoroughly sterilized by a process
approved by the commissioner.
WVC 47 - 1 A- 7
§47-1A-7. Registration by sellers of bedding or filling material
No person, firm or corporation shall sell or offer for sale
any article of bedding or filling material, as defined in this
article, in the state of West Virginia, unless the person, firm
or corporation is registered and paid the registration fee as
defined in section fourteen of this article.
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§47-1A-8. Altering, defacing or removing tag or stamp.
No person other than a purchaser at retail for his own use
or benefit, except as herein otherwise provided, shall remove,
deface, alter or cause to be removed, defaced or altered, any tag
or inspection stamp attached to an article of bedding: Provided,
That immediately after material used for filling has
been removed from its container, the tag and inspection stamp
thereon shall be removed and destroyed by the person removing
WVC 47 - 1 A- 9
§47-1A-9. Counterfeiting stamps or permits.
No person shall have in his possession or shall make, use or
sell any counterfeit or colorable imitation of the inspection
stamp or permit required by this article. Each counterfeited or
imitated stamp or permit made, used, sold, offered for sale,
delivered or consigned for sale shall constitute a separate
WVC 47 - 1 A- 10
§47-1A-10. Sterilization processes; permits; fees.
(1) Any sterilization process used in connection herewith
shall be approved by the commissioner. Every person desiring to
operate such sterilization process shall first obtain a numbered
permit from the commissioner and shall not operate such process
unless such permit is kept conspicuously posted in his
establishment. The fee for an original permit shall be twenty-
five dollars. Application for such permit shall be accompanied
by the specifications for the sterilization process to be
employed by the applicant, in such form as the commissioner shall
require. Such permit shall expire one year from date of issue
and the fee for annual renewal of the sterilization permit shall
be ten dollars.
(2) Every application for a sterilization permit to be held
in a state other than West Virginia shall be approved only after
personal inspection of the applicant's sterilizer or disinfector
by the commissioner or an authorized employee of the bedding
division of the department. The expenses for such inspections
out of the state shall be paid by the applicant.
(3) The commissioner may revoke or suspend any permit for
violation of the provisions of this article. Upon notification
of such revocation or suspension, the person to whom the permit
was issued, or his successor or assignee, shall forthwith return
such permit to the commissioner. For reissuing a revoked or
expired permit, the fee shall be the same as for an original
WVC 47 - 1 A- 11
§47-1A-11. Statements required on tags to be affixed to bedding.
(1) Every article of bedding made for sale, sold or offered
for sale shall have attached thereto a tag on which is stated the
name of the filling material used, that such material used is new
or secondhand and, when required to be sterilized, that such
material has been sterilized and the number of the sterilization
permit. Such tag shall also contain the name and address of the
maker or the vendor and the registry number, as hereinafter
provided, of the maker.
(2) Every remade or renovated article of bedding not for
sale, before returned to the owner for his own use, shall have
attached thereto a tag which, in addition to the statements
hereinabove required, shall state the name and address of the
remaker or renovator or the statement "remade and renovated for"
followed by the name and address of the person for whom the
article of bedding is renovated.
(3) In the description of the filling material used on any
tag attached to an article of bedding, no term or designation
intended or likely to mislead shall be used; but where such
article contains more than one material, the amount of such
materials shall be stated on the tag and there shall be no
variance in excess of ten per centum from the amount stated on
the tag: Provided, however, That no variance shall be allowed
for filling material which is described as "all,""pure,""100%" or
terms of similar import.
(4) A complete secondhand article of bedding which has not
been remade or renovated may be sold "as is" without being sterilized, but the original tag shall be removed by the vendor
and he shall attach a tag stating that the article is secondhand - - "contents unknown." This requirement shall not apply to
articles sold at public auction, the sale of antique furniture,
or to a private sale from the home of the owner direct to the
purchaser: Provided, however, That the exceptions herein stated
shall not authorize the sale of an article of bedding that has
been exposed to infectious or contagious disease and which, after
such exposure, has not been sterilized and approved for use.
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§47-1A-12. Tags to be approved by commissioner; material, color,
form and size of tags.
(1) Whenever a tag is required by this article, it shall be
approved by the commissioner. Tags shall be made of muslin,
linen or other material of like durability and shall be the same
color stock throughout. Paper-faced tags shall not be used.
(2) For designating all new material, the tags shall be
white; for designating secondhand or renovated material or
articles, the tag shall be yellow; for designating articles or
materials placed off-sale by the commissioner, as hereinafter
provided, the tag shall be blue; and for designating articles or
materials exposed to infectious or contagious disease and
declared "unclean" by the commissioner, as hereinafter provided,
the tag shall be red.
(3) Statements required on tags shall be legibly printed or
stamped on one side only, in the English language, and in letters
at least one eighth of an inch in height. Tags attached to
mattresses or pillows shall be at least six square inches in
area. The commissioner may permit smaller tags or he may require
larger tags for other articles. On each tag, there shall be a
certification that such article complies with the requirements of
law, but such tag also may state that the article complies with
the law of any other state.
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§47-1A-13. Commissioner's authority to prohibit sales; tagging
bedding or material exposed to disease "unclean."
(1) The commissioner shall order off-sale, and may so tag,
any article of bedding or material therefor, which is not tagged
as hereinbefore required or which is tagged with a tag bearing a
misleading term, description, designation or statement and no
articles or materials placed off-sale or seized by the
commissioner, or any duly authorized employee of the bedding
division, shall be sold nor shall the contents thereof be
altered, interfered with or removed in whole or in part, nor
shall the articles or contents thereof be removed from the
premises where placed off-sale or seized until such articles or
materials are released by the commissioner. All articles or
materials placed off-sale or seized shall be subject to frequent
examination by the commissioner or his duly authorized inspector.
Such articles or materials must be so placed or stored as to be
readily accessible at all times and shall be produced for
examination upon demand of the commissioner or any such employee
made upon the person or persons in charge of the establishment or
premises where such articles or materials are placed off-sale or
(2) If the commissioner or any duly authorized employee of
the bedding division shall find any article of bedding or filling
material which has been used by or about any person having an
infectious or contagious disease, he shall tag such article of
bedding or material with a tag bearing the word "unclean" in
conspicuous letters. Such tag shall not be removed except by the commissioner or such duly authorized employee.
WVC 47 - 1 A- 14
§47-1A-14. Annual registration fees.
The annual registration fee for all manufacturers shipping
or selling articles of bedding, as defined in this article, in
the state of West Virginia shall be fifty dollars, payable on the
first day of the fiscal year.
The annual registration fee for an upholsterer or renovator
of articles of bedding, as defined in this article, in the state
of West Virginia shall be ten dollars, payable on the first day
of the fiscal year.
WVC 47 - 1 A- 15
§47-1A-15. Organization of bedding division; rules and
regulations; enforcement of article.
The commissioner of labor shall have the power and duty, to:
(1) Create and organize a division of the department of
labor to be known as the "bedding division" for the purpose of
administering and enforcing the provisions of this article; (2)
appoint, remove and fix the compensation of the employees of the
bedding division; (3) prescribe uniform rules pertaining to and
not in conflict with the provisions of this article, to carry out
the intent and purpose of this article; (4) invoke any legal,
equitable or special remedy for the enforcement of orders or the
provisions of this chapter; (5) cooperate with other agencies of
the state of West Virginia for the purpose of securing laboratory
analyses of the filling material used in articles of bedding; (6)
exercise any other power necessary for the proper administration
of the division of bedding, and the enforcement of the provisions
contained in this article.
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Acts, 1963 Reg. Sess., Ch. 89.
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§47-1A-17. Power of inspection and seizure; obstruction of
commissioner or employees prohibited.
Every place where articles of bedding are made, remade or
renovated, or materials therefor are prepared or sterilized,
where such articles or materials are sold, shall be subject to
inspection by the commissioner or duly authorized employee of the
bedding division who shall have the power to inspect the
manufacture and sale or delivery of all articles or materials
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 he has reason to believe is made or
sold or held in possession in violation of this article. No
person shall interfere with, obstruct or otherwise hinder the
commissioner or an employee of the bedding division in the
performance of his duties.
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§47-1A-18. Penalties for violations.
Any person who violates a provision of this article shall be
guilty of a misdemeanor, and, upon conviction thereof, shall, for
a first offense, be fined not less than fifty dollars nor more
than five hundred dollars; for a second or subsequent offense,
shall be fined not less than one hundred dollars nor more than
one thousand dollars or imprisoned for not more than thirty days,
or both, such fine and imprisonment to be within the discretion
of the court.