Mass. Gen. Laws ch. 94, sec. 270 — MA Code / Part I / Title XV / Chapter 94 / Section 270
Definitions applicable to Secs. 270 to 277
Status: in_force

Section 270. The following words and phrases as used in this section and in sections two hundred and seventy-one to two hundred and seventy-seven, inclusive, which sections may be cited and referred to as the furniture and bedding inspection law, shall have the following meanings unless the context otherwise requires:— ''Annually'', or any of its variants, the period beginning July first of one year and ending June thirtieth of the succeeding year, or any unexpired portion of such period. ''Bedding'', includes any quilted pad, mattress pad, hammock pad, mattress, comforter, bunk quilt, sleeping bag, box spring, studio couch, pillow, cushion, or any bag or container made of leather, cloth or any other material, or any other device that is stuffed or filled in whole or in part with concealed material in addition to the structural units and filling material used therein and its container, all of which is designed or constructed for use by any human being for sleeping, resting or reclining purposes. ''Department'', the department of public health. ''Division'', the division of food and drugs in the department of public health. ''Filling material'', cotton, wool, kapok, feathers, down, hair, sisal, jute, glass fiber, rubber, silk, rayon, or any other material or any combination thereof, loose, carded, felted or in batting form, pads or in any other prefabricated form, concealed or not concealed, to be used or which can be used in articles of bedding, upholstered furniture or in stuffed toys. ''Garnetted clippings'', filling material intended for use in an article of upholstered furniture or bedding and composed entirely of defabricated new clippings which have never been used. Such garnetted clippings may be labeled with the word ''new''. ''Inspector'', a representative of the division of food and drugs. ''Manufacturer'', a person who, either by himself or through employees or agents, makes any article of upholstered furniture or bedding in whole or in part, or who does the upholstering or covering of any structural unit thereof, using either new or secondhand material. ''New'', when used with respect to an article or material, any article or material which has not been previously used. ''Oily'', when used with respect to filling material, any filling material which contains more than five per cent of oil. Such filling material shall be designated on the label as ''oily''. ''Owner's material'', any article or material belonging to a person for his own, or tenant's use, which is sent to a manufacturer, repairer or renovator to be repaired or renovated, or used in repairing or renovating. ''Person'', includes individuals, partnerships, associations, firms, auctioneers, trusts and corporations, and their agents, servants and employees. ''Pillow'', a bag or case of cloth or other soft material filled or stuffed with feathers, down, kapok, cotton, hair, wool, glass fiber, rubber, silk, rayon or other sanitary filling not prohibited by sections two hundred and seventy-one to two hundred and seventy-six, inclusive, to be used as a rest or support in reclining or sleeping. ''Remade'' or ''renovated'', when used with respect to an article of bedding or upholstered furniture, an article of bedding or upholstered furniture which has been remade or renovated and which is not to be resold or offered for resale but is to be returned to the original owner. ''Renovator'', ''reupholsterer'', ''remaker'' or ''repairer'', a person who, either by himself or through employees or agents, is engaged primarily in the remaking or renovating of upholstered furniture, and shall also mean a person who, incidental to the business of remaking or renovating upholstered furniture, renovates or manufactures articles of bedding or furniture to be sold by him at retail. Such person shall not be bound by any provision of this law excepting section two hundred and seventy-three; provided, however, that if he manufactures upholstered furniture or bedding to be sold by him at retail, or renovates articles of bedding he shall also comply with the labeling provision of section two hundred and seventy-two, for such furniture or bedding. ''Residence dealer'', a person who sells a new or used article of upholstered furniture or bedding from his own or any other person's place of abode or from a salesroom which does not have an apparent and usual store entrance. ''Retailer'', a person who sells, offers or exposes for sale, or has in his possession with intent to sell, to a consumer or user an article of bedding, upholstered furniture or stuffed toys. ''Secondhand'', ''used'' or ''used material'', any material which has been previously used for any purpose. Manufacturing processes shall not be considered as prior use. An article of upholstered furniture returned by the purchaser for exchange, alteration or correction within thirty days from date of delivery after original sale at retail shall be deemed to be a new article; but after thirty days from date of such delivery, such article shall be deemed to be secondhand. Any article of upholstered furniture or bedding or any stuffed toy shall be deemed secondhand if it contains any secondhand material, in whole or in part. ''Sell'', 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. ''Sterilizer'', a person licensed by the department to sterilize any upholstered furniture, bedding or stuffed toys and filling material or component parts thereof. ''Stuffed toy'', any article intended for use by infants or children as a toy and which is filled with or contains any cotton, wool or kapok fibers, garnetted clippings, hair, feathers or down or any other material or chemicals. All materials used in stuffed toys shall be new and free from dangerous or harmful chemicals or other substances. Manufacturers using material in stuffed toys containing products of animal origin shall have said material sterilized in accordance with section two hundred and seventy-three. ''Supply dealer'', a person licensed by the department to manufacture, process or sell at wholesale any felt, batting, pads or other filling, loose, in bags, in bales, or in containers, concealed or not concealed, to be used or which can be used in articles of bedding or upholstered furniture, or in stuffed toys. ''Upholstered furniture'', any furniture, including children's furniture, movable or stationary which (a) is made or sold with cushions or pillows, loose or attached; or (b) is itself stuffed or filled, in whole or in part, with any material, hidden or concealed by fabric or any other covering, including cushions or pillows belonging to or forming part thereof, together with the structural units, the filling material and its covering and its container, which can be used as a support for the body of a human being, or his limbs and feet when sitting or resting in an upright or reclining position. ''Upholstery jobber'', a person whose primary business is the wholesaling of fabrics used in the reupholstery trade. Such a person may also sell the basic supplies used in the trade, including new filling materials purchased from a licensed supply dealer. An upholstery jobber shall be excluded from the licensing provisions of this law.

Section 270. The following words and phrases as used in this section and in sections two hundred and seventy-one to two hundred and seventy-seven, inclusive, which sections may be cited and referred to as the furniture and bedding inspection law, shall have the following meanings unless the context otherwise requires:—

''Annually'', or any of its variants, the period beginning July first of one year and ending June thirtieth of the succeeding year, or any unexpired portion of such period.

''Bedding'', includes any quilted pad, mattress pad, hammock pad, mattress, comforter, bunk quilt, sleeping bag, box spring, studio couch, pillow, cushion, or any bag or container made of leather, cloth or any other material, or any other device that is stuffed or filled in whole or in part with concealed material in addition to the structural units and filling material used therein and its container, all of which is designed or constructed for use by any human being for sleeping, resting or reclining purposes.

''Department'', the department of public health.

''Division'', the division of food and drugs in the department of public health.

''Filling material'', cotton, wool, kapok, feathers, down, hair, sisal, jute, glass fiber, rubber, silk, rayon, or any other material or any combination thereof, loose, carded, felted or in batting form, pads or in any other prefabricated form, concealed or not concealed, to be used or which can be used in articles of bedding, upholstered furniture or in stuffed toys.

''Garnetted clippings'', filling material intended for use in an article of upholstered furniture or bedding and composed entirely of defabricated new clippings which have never been used. Such garnetted clippings may be labeled with the word ''new''.

''Inspector'', a representative of the division of food and drugs.

''Manufacturer'', a person who, either by himself or through employees or agents, makes any article of upholstered furniture or bedding in whole or in part, or who does the upholstering or covering of any structural unit thereof, using either new or secondhand material.

''New'', when used with respect to an article or material, any article or material which has not been previously used.

''Oily'', when used with respect to filling material, any filling material which contains more than five per cent of oil. Such filling material shall be designated on the label as ''oily''.

''Owner's material'', any article or material belonging to a person for his own, or tenant's use, which is sent to a manufacturer, repairer or renovator to be repaired or renovated, or used in repairing or renovating.

''Person'', includes individuals, partnerships, associations, firms, auctioneers, trusts and corporations, and their agents, servants and employees.

''Pillow'', a bag or case of cloth or other soft material filled or stuffed with feathers, down, kapok, cotton, hair, wool, glass fiber, rubber, silk, rayon or other sanitary filling not prohibited by sections two hundred and seventy-one to two hundred and seventy-six, inclusive, to be used as a rest or support in reclining or sleeping.

''Remade'' or ''renovated'', when used with respect to an article of bedding or upholstered furniture, an article of bedding or upholstered furniture which has been remade or renovated and which is not to be resold or offered for resale but is to be returned to the original owner.

''Renovator'', ''reupholsterer'', ''remaker'' or ''repairer'', a person who, either by himself or through employees or agents, is engaged primarily in the remaking or renovating of upholstered furniture, and shall also mean a person who, incidental to the business of remaking or renovating upholstered furniture, renovates or manufactures articles of bedding or furniture to be sold by him at retail. Such person shall not be bound by any provision of this law excepting section two hundred and seventy-three; provided, however, that if he manufactures upholstered furniture or bedding to be sold by him at retail, or renovates articles of bedding he shall also comply with the labeling provision of section two hundred and seventy-two, for such furniture or bedding.

''Residence dealer'', a person who sells a new or used article of upholstered furniture or bedding from his own or any other person's place of abode or from a salesroom which does not have an apparent and usual store entrance.

''Retailer'', a person who sells, offers or exposes for sale, or has in his possession with intent to sell, to a consumer or user an article of bedding, upholstered furniture or stuffed toys.

''Secondhand'', ''used'' or ''used material'', any material which has been previously used for any purpose. Manufacturing processes shall not be considered as prior use. An article of upholstered furniture returned by the purchaser for exchange, alteration or correction within thirty days from date of delivery after original sale at retail shall be deemed to be a new article; but after thirty days from date of such delivery, such article shall be deemed to be secondhand. Any article of upholstered furniture or bedding or any stuffed toy shall be deemed secondhand if it contains any secondhand material, in whole or in part.

''Sell'', 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.

''Sterilizer'', a person licensed by the department to sterilize any upholstered furniture, bedding or stuffed toys and filling material or component parts thereof.

''Stuffed toy'', any article intended for use by infants or children as a toy and which is filled with or contains any cotton, wool or kapok fibers, garnetted clippings, hair, feathers or down or any other material or chemicals. All materials used in stuffed toys shall be new and free from dangerous or harmful chemicals or other substances. Manufacturers using material in stuffed toys containing products of animal origin shall have said material sterilized in accordance with section two hundred and seventy-three.

''Supply dealer'', a person licensed by the department to manufacture, process or sell at wholesale any felt, batting, pads or other filling, loose, in bags, in bales, or in containers, concealed or not concealed, to be used or which can be used in articles of bedding or upholstered furniture, or in stuffed toys.

''Upholstered furniture'', any furniture, including children's furniture, movable or stationary which (a) is made or sold with cushions or pillows, loose or attached; or (b) is itself stuffed or filled, in whole or in part, with any material, hidden or concealed by fabric or any other covering, including cushions or pillows belonging to or forming part thereof, together with the structural units, the filling material and its covering and its container, which can be used as a support for the body of a human being, or his limbs and feet when sitting or resting in an upright or reclining position.

''Upholstery jobber'', a person whose primary business is the wholesaling of fabrics used in the reupholstery trade. Such a person may also sell the basic supplies used in the trade, including new filling materials purchased from a licensed supply dealer. An upholstery jobber shall be excluded from the licensing provisions of this law.