Dr. J. E. Peavy

Commissioner of Health State Department of Health Austin, Texas Opinion No. C-90 Re: Cana retail vendor of bedding In Texas legally sell items of bedding purchased from a wholesaler located outside Texas who has purchased the bedding from a manufacturer outside of Texas whodoes not hold the permlt required by Dear Dr. Peavy: Article 4476a, V. C.S.? You have requested the opinion of thla office as to whether a retail vendor of bedding In Texas may legally sell Items of bedding purchased from a wholesaler located outside Texas whohas purchased the bedding from a manufacturer outside of Texas whodoes not hold the permit required by Article 4476a, Vernon’s Civil Statutes (the Texas Bedding Law). Article 4476a, Vernon’s Civil Statutes, reads in pertinent part as follows:

“Section 5(e) TheDepartment, through Its authorized representative, shall have authority to place IOffSale’ any article of bedding or material which Is offered for sale, or which could be offered for sale, In vlolatlon of this Act. , , ,‘I

“Section 7(a). Noperson shall manufacture, renovate, sell or lease, or have In his possession with Intent to sell or lease In the State of Texas, anybedding covered by the provisions of this Act, un1eSSthere be affixed to the tag requiredDr. J. E. Peavy, page 2 (c-98)
by this Act by the person manufacturing, renovating, selling or leasing the same, an adhesive stampprepared and issued by this Department. Thetag referred to In Seotlon 7(a) above Is a label which the Texas Bedding Lawrequires to be affixed by the manufabturer of the bedding. Thetag musthave the manufacturer’s permit numberstamped thereon, In additlon~‘to oertaln other Information. It la olear that, If a foreign manufaoturer has not obtained a permit, any tag afflxed to the bedding will not oarry the neoeseary permit number, andwill not oomplywith the permit provisions of the Texas Bedding Law. Bythe quoted provisions of Section S(e), auyra, the State Department of Health has authority to plaoe ‘Off-sale” any bedding fhat does not oomply with the provisionu of thin Aot. ThatwQuld,appear to apply to beddlng offered for sale by retailers in this State, if such bedding does. not oarry the neoedeary’ tag Lnd pbrmtt.,nambep...’ Tt~lb~,eqtibliy true that a Texasilrg~allgL~oQuLd‘not l(lg&lly sbll, lbbddlng that does’ nQt oarry the required tag, for the reaeon that Seotion 7(a), supra, requires that the retailer affix a stampto the requlred tag. If the required tag is not present, no stampmay properly be affixed. Without the proper stam any sale of bedding oovered by the provisions of Artiole E 476a would be Improper, andexpoees the eeller to the penaltlea imposed under the Aot. SUMMARY Aretail vendor of bedding in Texas maynot legally eel1 iteme of bedding purchased from a wholesaler looated outside of Texas whohae purohased the bedding from a manufaoturer outside of Texas whodoes not hold the permit required by Artlole 4476a, V.C.D. Your6 very truly, WAaOONER

CARR Attorney General

MLQ:ms =+’ Malcolm L. Qulok Assistant

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Dr. J. E. Peavy,page 3 (C-98)

APPROVED:
OPINION COMMITTEE W. V. Geppert, Chairman John Reeves W. 0. Shultz M. K. Wall Howard Fender
APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone

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