Connecticut Administrative Code › Title 21a - Consumer Protection › 235 - Bedding and Upholstered Furniture › Section 21a-235-2 - Definitions

Current through July 10, 2024
When used in these regulations, "commissioner" means the
				commissioner of consumer protection or his authorized representative;
				"department" means the consumer protection department; "article of bedding and
				upholstered furniture and filling material" means and includes such articles
				and parts thereof as fall within the scope of section
				21a-231
				of the general statutes; "sale," "sell" or "sold" means offering or exposing
				for sale or resale, or exchange or lease, or consigning or delivering in
				consignment for sale, resale, exchange or lease, or holding in possession with
				like intent. The possession of any article of bedding or upholstered furniture
				of filling material by any maker or dealer or his agent or servant or other
				person in the course of business shall be presumptive evidence of intent to
				sell; "manufacture" means the making by hand or machine of an article of
				bedding or upholstered furniture or part thereof, including the assembling or
				processing or finishing of articles or parts produced by another and also
				including the processing or preparation of filling materials intended for use
				in the manufacture, renovation or repair of articles of bedding or upholstered
				furniture; "sterilize," "sterilized" or "sterilization" means the cleaning or
				decontamination of any article of bedding or upholstered furniture or filling
				material by a process approved by the commissioner, by a person holding an
				active sterilization permit issued by the commissioner; "person" means an
				individual, partnership, corporation, firm or association, receiver, agent or
				other representative of such person; "license" means the formal permission
				granted by the commissioner to sell or manufacture for sale or remake, renovate
				or repair articles of bedding or upholstered furniture or filling materials
				within the state of Connecticut for a period not to exceed twelve calendar
				months beginning on October first of each year and such permission is
				conditioned upon the receipt and approval of an application for a license and
				the receipt of the required license fee; "licensee" means the person in whose
				name a license is recorded by the department; "valid license" or "active
				license" means a license which has not expired or been suspended or revoked, or
				voluntarily returned to the department during an annual license period;
				"expiration date" means September thirtieth of each year. No license is valid
				after said date, but licenses may be renewed in advance of the expiration date
				so as to become effective on October first, assuring a continuous active
				license; "registry number" means the number assigned by the commissioner to the
				person to whom a license is issued; "new" means any material or article which
				has not been previously used for any purpose and includes by-products mproduced
				in the processing of cotton or in the manufacture of new fabrics and materials
				reclaimed from new fabric and from new material, and also includes any article
				of bedding or upholstered furniture or filling material returned by the
				purchaser for exchange, alteration or correction within thirty days of the date
				of delivery of such article or material, provided the tags have not been
				removed and further provided substantial proof is at hand to determine the
				original date of delivery. If the article or material has been returned by the
				purchaser for exchange, such article or material may be sold as new provided it
				had not been used for any purpose. If the article or material has been used in
				any way it is considered as second-hand and shall comply with the provisions
				for second-hand merchandise. To be considered as having been returned by the
				purchaser for alteration or correction, the article or material shall be
				returned with the original tags intact and, when such alterations or
				corrections of error of manufacture are completed, the article may be returned
				to the original purchaser without sterilization but no such article may be sold
				as a new article; "second-hand" means any article or part thereof and any
				material which has been used in any manner whatsoever, including any article of
				bedding, upholstered furniture or filling material returned by a purchaser for
				exchange, alteration or correction after thirty days from the date of delivery
				of such articles to such person, and any article from which the tag has been
				removed or for which the date of original delivery to the purchaser cannot be
				substantiated; "antique furniture" means any article of bedding or upholstered
				furniture manufactured at least one hundred years prior to the date on which it
				is offered for sale or exchange as an antique, and such articles shall be
				exempt from these regulations provided substantial proof of the age of such
				articles shall be available to the commissioner or an authorized representative
				of the commissioner; "tag or identifying tag" means the tag of linen, muslin or
				equally durable material required to be affixed to all articles of bedding,
				upholstered furniture, filling material or part thereof; "labels," "labeling"
				or "labeled" means the information printed on tags.
(See G.S. §
								21a-231.)