Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 205 - PRODUCT SAFETY › Subchapter A - BEDDING RULES › Section 205.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  words and terms, when used in this chapter, shall have the following meanings
				  unless the context otherwise specifically requires.
(1) Act--Texas Bedding Act, Health and Safety
				  Code, Chapter 345.
(2) Authorized
				  agent--An employee of the department who is designated by the commissioner of
				  health to enforce the provisions of the Act.
(3) Bedding--A mattress, mattress pad,
				  mattress protector, box spring, sofa bed studio couch, chair bed, convertible
				  bed, convertible lounge, pillow, bolster, quilt, quilted spread, comforter, cot
				  pad, sleeping bag, lounge chair pad, utility or all-purpose pad, crib pad,
				  playpen pad, crib bumper pad, car bed pad, infant carrier pad, convertible
				  stroller pad, bassinet pad, bed rest and lounge-type cushion, or a stuffed or
				  filled article that can be used by a human for sleeping or reclining.
(4) Commissioner--The Commissioner of State
				  Health Services.
(5)
				  Department--The Department of State Health Services.
(6) Detained or embargoed bedding--Bedding
				  that has been detained or embargoed under the Act.
(7) Distributor--A person located in this
				  state who on his own account sells or distributes in this state bedding, or
				  filling material to be used in bedding. The term does not include an affiliate
				  or subsidiary if the ownership and the name of the affiliate or subsidiary are
				  the same as the manufacturer, and the affiliate or subsidiary is the exclusive
				  sales outlet for the manufacturer.
(8) Filling materials--Materials used as
				  filling in the manufacture, repair, or renovation of bedding and shall include
				  materials used as filling in quilted borders and quilted ticking. Stiffening
				  materials such as fiberboard, corrugated fiberboard, paper, etc., shall be
				  considered to be filling material.
(9) Germicidal Treatment Operator--A person
				  who sanitizes used bedding articles or filling materials by a method or process
				  that has been approved by the department.
(10) Importer--A person who on his own
				  account sells or distributes in this state bedding, or filling material to be
				  used in bedding that was manufactured or processed in a country other than the
				  United States. The term does not include an affiliate or subsidiary if the
				  ownership and name of the affiliate or subsidiary are the same as the
				  manufacturer, and the affiliate or subsidiary is the exclusive sales outlet for
				  the manufacturer.
(11) Label, law
				  label, labeled, tag and tagged--May be used interchangeably and means any label
				  or tag required to be on or affixed to finished bedding products and processed
				  filling material and on which the information required is to appear.
(12) Manufacturer--A person whose principal
				  business is the manufacture of bedding from new materials for the purpose of
				  resale in this state by a distributor, wholesaler, importer, or retail outlet
				  or subsidiary outlet if the ownership and name are the same as the
				  manufacturer, or if it is an exclusive sales outlet for the manufacturer, or
				  both.
(13) Material--An article,
				  substance, or part of an article or substance, used in the manufacture, repair,
				  or renovation of bedding.
(14)
				  New--Bedding or filling material that has had no previous use for any
				  purpose.
(15) Pillows and
				  cushions--Any bag, case, or covering which has been stuffed or filled and which
				  is not an integral part of another item of bedding or furniture but which can
				  be used by human beings for sleeping, resting, or reclining purposes. The terms
				  do not apply to pillows or cushions which do not exceed 10 inches in their
				  greatest dimension or have permanently affixed figurines, statuettes, dolls,
				  etc.
(16) Processed filling
				  material--Felt, batting, pad, foam product, quilted product, or any other
				  filling material which has been prepared, manufactured, or processed into a
				  form in which it can be used in articles of bedding.
(17) Processor--A person who manufacturers or
				  processes, and sells in this state or for delivery in this state any filling
				  materials, including felt, batting, pads, or foam, to be used or that could be
				  used in bedding, other than frames or metal springs.
(18) Recycled material--Material that:
(A) is composed of recyclable material or
				  that is derived from post consumer waste; and
(B) may be used in place of raw or virgin
				  filling material in manufacturing, repairing, or renovating bedding.
(19) Renovate--To restore to a
				  former condition or to place in a good state of repair.
(20) Secondhand--Bedding or filling material
				  with previous use in any manner.
(21) Sell--Offer, or expose for sale, include
				  in a sale, barter, trade, deliver, consign, lease, possess with intent to sell
				  or dispose of in any commercial manner. For purposes of these sections, lease
				  shall also include the term "rent" when used for commercial purposes.
(22) Wholesaler--A person located outside
				  this state who on his own account sells, distributes, or jobs into this state
				  to another for the purpose of resale bedding or filling material to be used in
				  bedding. This does not include an affiliate or subsidiary if the ownership and
				  the name of the affiliate or subsidiary are the same as the manufacturer, and
				  the affiliate or subsidiary is the exclusive sales outlet for the
				  manufacturer.