Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 620.000 - Bedding, Upholstered Furniture And Related Products › Section 620.001 - Definitions

Current through Register 1525, July 5, 2024
Bedding
means 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 and its container, all of which is designed or
				constructed for use by any human being for sleeping, resting or reclining
				purposes.
Filling Material
means 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.
Filling Material
includes the following classifications, which are provided by the
				International Association of Bedding and Furniture Law Officials
				(IABFLO):
(1) Cotton;
(2) Down;
(3) Feathers;
(4) Foam;
(5) Hair;
(6) Man Made or Manufactured Fibers;
(7) Miscellaneous Vegetable Fibers;
(8) Rubber;
(9) Various Fiber By-products and Other Filling Materials;
				and
(10) Wool.
IABFLO
means the International
				Association of Bedding and Furniture Law Officials.
Label
means the label which is
				required to be attached to upholstered furniture, bedding, and stuffed animals.
				Examples of such labels can be found on the IABFLO website at
http://iabflo.org
.
Manufacturer
means a person who,
				either by himself or herself 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.
Person
means individuals,
				partnerships, associations, firms, auctioneers, trusts and corporations, and
				their agents, servants and employees.
Pillow
means 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 M.G.L. c. 94, §§ 271 through 276 to be used as a rest or support
				in reclining or sleeping.
Remade or Renovated
mean 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
mean 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
				105 CMR 620.000; provided,
				however, that if he or she manufactures upholstered furniture or bedding to be
				sold by him or her at retail, or renovates articles of bedding, he or she shall
				also comply with the labeling provisions under M.G.L. c. 94, § 272 and
				105 CMR 620.000 pertaining
				to such furniture or bedding.
Retailer
means a person who sells,
				offers or exposes for sale, or has in his or her possession with intent to
				sell, to a consumer or user an article of bedding, upholstered furniture or
				stuffed toys.
Secondhand, Used or Used Material
means any material which has been previously used for any purpose.
				Manufacturing processes shall not be considered as previous use. An article of
				upholstered furniture returned by the purchaser for exchange, alteration or
				correction within 30 days from date of delivery after original sale at retail
				shall be deemed to be a new article; but after 30 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
means 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
means a person licensed by
				the Department to sterilize any upholstered furniture, bedding or stuffed toys
				and filling material or component parts thereof.
Stuffed Toy
means any article intended
				for use by infants or children as a toy and which is filled with any filling
				material. All materials used in stuffed toys shall be new and free from
				dangerous or harmful chemicals or other substances. Manufacturers using filling
				material in stuffed toys containing products of animal origin shall have said
				material sterilized in accordance with Massachusetts law.
Supply Dealer
means 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
means any
				furniture, including children's furniture, movable or stationary which:
(1) is made or sold with cushions or pillows, loose or
				attached; or
(2) 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
means a person whose
				primary business is the wholesaling of fabrics used in the upholstery 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 M.G.L. c. 94, § 271 and
				105 CMR
				620.000.
This item has been written so as to bring into line with
				  "Wool Blends or Mixtures".