Dr. J. E. Peavy 

Commissioner of Health 

State Department of Health 

Austin, Texas 

Opinion No. C- 90 

Re: Can a 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 who does 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 who has purchased the bedding from a manufacturer outside of Texas who does 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) The Department, 

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). No person shall manufacture, renovate, sell or lease, or have 

In his possession with Intent to sell or 

lease In the State of Texas, any bedding 

covered by the provisions of this Act, un1eSS there be affixed to the tag required 
Dr. J. E. Peavy, page 2 (c-98) 

by this Act by the person manufacturing, 

renovating, selling or leasing the same, 

an adhesive stamp prepared and issued by 

this Department. 

The tag referred to In Seotlon 7(a) above Is a label 

which the Texas Bedding Law requires to be affixed by the 

manufabturer of the bedding. The tag must have the manufacturer’s permit number stamped 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, and will 

not oomply with the permit provisions of the Texas Bedding 

Law. 

By the 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. That wQuld,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 stamp to the requlred tag. If the required tag is not present, no stamp may 

properly be affixed. Without the proper stam any sale of 

bedding oovered by the provisions of Artiole E 476a would be 

Improper, and expoees the eeller to the penaltlea imposed under the Aot. 

SUMMARY 

A retail vendor of bedding in Texas may not 

legally eel1 iteme of bedding purchased from 

a wholesaler looated outside of Texas who hae 

purohased the bedding from a manufaoturer outside of Texas who does not hold the permit required by Artlole 4476a, V.C.D. 

Your6 very truly, 

WAaOONER CARR 

Attorney General 

MLQ:ms 

=+’ Malcolm L. Qulok 

Assistant 

-484- 6, 
- - 

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 

-485-