2023 Illinois Compiled Statutes › Chapter 410 - PUBLIC HEALTH › 410 ILCS 68/ - Safe and Hygienic Bed Act.

(410 ILCS 68/1)
Sec. 1. 
		Short title. 
		This Act may be cited as the Safe and Hygienic Bed Act.
(Source: P.A. 91-164, eff. 7-16-99.)
(410 ILCS 68/5)
Sec. 5. 
		Definitions. 
		As used in this Act:
"Attorney General" means the Attorney General of the State of Illinois.
"Bedding" means any mattress, box spring, foundation, or studio couch made in
whole or part from new or secondhand fabric, filling material, or other
textile product or material and which can be used for sleeping or reclining
purposes.
"Consumer" means a person who purchases or otherwise acquires bedding for
sleeping or reclining purposes in that person's home or business such as a
medical facility
or lodging establishment, and does not include wholesalers, retailers, or other
persons
who acquire bedding for purposes of resale or other distribution.
"Department" means the Illinois Department of Public Health.
"Manufacturer" means a person who makes any article of bedding in whole or
in part using new or secondhand fabric, filling material, or other textile
product or material.
"New material" means any fabric, filling material, other textile product or
material, or article
of bedding that has not been previously used for any purpose, and includes
by-products of any textile or manufacturing process that are free from dirt,
insects, and other contamination.
"Person" means an individual, sole proprietorship, partnership, limited
liability company, corporation, joint venture, association, trust, and any
other entity, and the officers, employees, and agents of any of them.
"Renovator", "Rebuilder", and "Repairer" mean a person who repairs, makes
over, recovers, restores, sanitizes, germicidally treats, cleans, or renews
bedding.
"Sanitizer" means any person who sanitizes or germicidally treats or cleans
(but does not otherwise alter) any fabric, filling material, other textile
product or material, or
article of bedding for use in manufacturing or renovating bedding.
"Secondhand material" means any fabric, filling material, other textile
product or material, or
article of bedding that has been previously used for any purpose or that is
derived
from post-consumer or industrial waste, and that may be used in place of or in
addition to new
material in manufacturing or renovating bedding.
(Source: P.A. 91-164, eff. 7-16-99.)
(410 ILCS 68/10)
Sec. 10. 
		Label required. 
		All bedding which is manufactured, renovated, sanitized, sold, or distributed
within the State
must bear a clear and conspicuous label that states whether the
bedding is made from all new materials or is made in whole or in part from
secondhand material.  The label
shall conform to standards issued by the Department in administrative rules and
shall not
be altered or removed except by the consumer.
(Source: P.A. 91-164, eff. 7-16-99.)
(410 ILCS 68/15)
Sec. 15. 
		Registration required. 
		All manufacturers, renovators,
rebuilders,
repairers, and sanitizers whose work products may be sold to retailers,
wholesalers, or
consumers within the State of Illinois shall register with the Department on or
before
January 1 of each year and shall pay a registration fee established by
administrative rule.
(Source: P.A. 91-164, eff. 7-16-99.)
(410 ILCS 68/20)
Sec. 20. 
		Use of secondhand material. 
		Every manufacturer,
renovator, rebuilder, repairer, or sanitizer of used bedding shall
remove the outer fabric, the inner foam, the pad, any other fabric, and any
other textile product,
material, or component and shall inspect each such item for soiling, malodor,
and pest
infestation
prior to the sale or distribution of
the article.
If any material or component of used bedding appears to be soiled, malodorous,
or infested, that material or component cannot be reused, sold, or distributed
for use in any bedding product.
(Source: P.A. 91-164, eff. 7-16-99.)
(410 ILCS 68/25)
Sec. 25. 
		Use of new material. 
		Every manufacturer, renovator, rebuilder,
repairer, and sanitizer shall inspect all new material for soiling, malodor,
and pest
infestation prior to use, sale, or distribution of the article.  If any new
material appears to
be soiled, malodorous, or infested, that material cannot be used, sold, or
distributed for
use in any bedding product.
(Source: P.A. 91-164, eff. 7-16-99.)
(410 ILCS 68/30)
Sec. 30. 
		Rules. 
		The Department shall promulgate administrative rules
necessary to implement, interpret, and make specific the provisions of this
Act, including
but not limited to rules concerning labels, registration, sanitation, and fees.
 Rules
concerning labels
may incorporate by reference uniform standards, norms, or testing procedures
that are
issued, promulgated, or accepted by recognized government, public, or industry
organizations.  Fees established by rule shall be in amounts reasonable and
necessary to
defray the costs to the Department of administering this Act.
(Source: P.A. 91-164, eff. 7-16-99.)
(410 ILCS 68/35)
Sec. 35. 
		Violation. 
		Any person who violates any provision of this Act or
the
rules promulgated under this Act shall be guilty of a business offense
punishable by a fine
of $10,000 and shall be guilty of committing an unlawful act or practice
pursuant to Section 2 of the Consumer Fraud
and
Deceptive Business Practices Act.  Each day of violation of this Act or rules
promulgated
under this Act shall constitute a separate offense.
(Source: P.A. 91-164, eff. 7-16-99.)
(410 ILCS 68/40)
Sec. 40. 
		Nuisance; injunction. 
		Violation of Section 20 or Section 25 of
this
Act is declared a public nuisance inimical to the public health and welfare.
The Attorney
General or the State's Attorney of the county in which the violation occurs
may, in
addition to other remedies provided in this Act, bring action for injunction to
restrain the
violation.
(Source: P.A. 91-164, eff. 7-16-99.)
(410 ILCS 68/45)
Sec. 45. 
		Severability. 
		If any provision of this Act or the application
of this
Act to any person or circumstance is held invalid, the invalidity shall not
affect the other
provisions or applications of the Act which can be given effect without the
invalid
provision or application, and to this end the provisions of this Act are
severable.
(Source: P.A. 91-164, eff. 7-16-99.)
(410 ILCS 68/905)
Sec. 905. 
		(Amendatory provisions; text omitted).
(Source: P.A. 91-164, eff. 7-16-99; text omitted.)
(410 ILCS 68/999)
Sec. 999. 
		Effective date. 
		This Act takes effect upon becoming law.
(Source: P.A. 91-164, eff. 7-16-99.)