PRINTER'S NO. 3168
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2322
Session of
2024
INTRODUCED BY SHUSTERMAN, VENKAT, HILL-EVANS, FREEMAN, HADDOCK,
SANCHEZ, NEILSON, PARKER, M. JONES AND CIRESI, MAY 24, 2024
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MAY 24, 2024
AN ACT
Amending the act of May 27, 1937 (P.L.926, No.249), entitled "An
act relating to the manufacture, repair, renovating,
cleansing, sterilizing, and disinfecting of mattresses,
pillows, bolsters, feather beds, and other filled bedding,
cushions, upholstered furniture and bulk materials intended
for use in such products intended for sale or lease, and to
the sale or lease thereof; requiring the placing of tag and
adhesive stamp on such material; providing for the sale of
adhesive stamps; authorizing and requiring the Department of
Labor and Industry to adopt rules and regulations; providing
penalties; and repealing certain acts," further providing for
definitions, for prohibited conduct, for cleansing and
sterilization and disinfection process and for requiring the
placing of tag and adhesive stamp on certain material.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(c) of the act of May 27, 1937 (P.L.926,
No.249), referred to as the Bedding and Upholstery Law, is
amended and the section is amended by adding subsections to
read:
Section 2. * * *
(c) The term "secondhand," as used in this act, shall mean
any article or material, or portion thereof, of which prior use
has been made in any manner whatsoever. The term does not
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include recycled material.
* * *
(h) The term "reclaimed," as used in this act, shall mean
any material that would have otherwise been disposed of as waste
and has been collected and reclaimed as material input, in lieu
of new primary material, for recycling purposes.
(i) The term "recycled," as used in this act, shall mean any
material that has been reprocessed from reclaimed material by
means of a manufacturing process and made into a final product
or a component for incorporation into a final product.
Section 2. Sections 3(a), 4(a), 5 and 7(b) and (e) of the
act are amended to read:
Section 3. (a) No person shall manufacture, offer for sale
or lease, or have in his possession with intent to sell,
auction, or include in a sale, lease or auction, any new,
recycled or secondhand article or material covered by this act,
unless all provisions of this act have been complied with.
* * *
Section 4. (a) No person shall use any secondhand or
recycled material in the renovation of any article covered by
this act, unless, since last used, such secondhand or recycled
material has been effectively cleansed and sterilized or
disinfected by a process approved by the department, and in
accordance with the regulations of the department, and such
article, if not so cleansed, sterilized or disinfected, shall be
returned to its original owner, and shall not thereafter be
offered for sale.
* * *
Section 5. [(a)] No secondhand article covered by this act,
except upholstered furniture, shall be offered for sale, lease,
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or auction, or be in the possession of any person with intent to
sell, lease, or auction, unless such article, since last used,
has been effectively cleansed and sterilized or disinfected by a
process approved by the department and in accordance with
regulations of the department. Secondhand upholstered furniture
and furniture upholstered with recycled material shall be so
treated when required by the rules and regulations of the
department.
Section 7. * * *
(b) Every article covered by this act containing secondhand
or recycled material, or a portion thereof, shall bear securely
attached thereto and plainly visible a yellow tag of approved
material upon which shall be indelibly stamped or printed, in
the English language, the registration number of the
manufacturer, vendor or renovator and a statement showing the
kind of materials used in filling such article, with approximate
percentages when mixed, and shall state STERILIZED AND
DISINFECTED, with the permit number of the person who performed
such work.
* * *
(e) The size of the tag required by this section shall be
not less than six (6) square inches, and the lettering thereon,
covering the statement of filling materials and whether new,
recycled or secondhand, shall be in plain type not less than
one-eighth (1/8) inch in height.
Section 3. This act shall take effect in 60 days.
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