Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 125 - REGULATIONS FOR BEDDING AND UPHOLSTERED FURNITURE INSPECTION PROGRAM › Section 12VAC5-125-100 - Sanitization of used bedding and upholstered furniture

Current through Register Vol. 40, No. 24, July 15, 2024
A. No person engaged in commerce shall rent,
				offer or expose for sale, barter, give away, or dispose of in any other
				commercial manner any article of bedding or upholstered furniture made, remade,
				reupholstered or renovated in violation of § 32.1-213 or 32.1-214 of the
				Code of Virginia or any secondhand article of bedding or upholstered furniture
				unless since last used such secondhand article has been sanitized by a
				reasonable process approved by the commissioner. However, a retailer may sell,
				give away, or rent used upholstered furniture when the used upholstered
				furniture has been purchased by the retailer as new furniture and has been used
				in the course of business. Such used furniture shall be (i) conspicuously
				identified as used furniture and (ii) reduced in price, sold at auction,
				donated to charity, or made available for a rental fee, and so
				tagged.
B. No person shall use in
				the making, remaking, reupholstering or renovating of any bedding or
				upholstered furniture any shoddy or any fabric from which shoddy is made or any
				secondhand filling material or any secondhand feathers, animal hair or down,
				unless such shoddy, secondhand filling material, feathers, animal hair or down
				has been sanitized by a reasonable process approved by the
				commissioner.
C. Steri-Fab or
				Microban, or a comparable product approved by the commissioner meeting all the
				qualities and specifications of these chemicals, are the industry-recognized
				chemicals for sanitizing and disinfecting mattresses, bedding or upholstered
				furniture. This process is required for any business sanitizing used,
				secondhand or renovated mattresses, box springs, or similar articles of bedding
				or upholstered furniture offered for resale or rent in Virginia. The use of
				these chemicals in compliance with the specific instructions from the product
				manufacturers is deemed a reasonable sanitization process approved by the
				commissioner. All licensees are required to follow all product application,
				safety, storage, and disposal instructions provided by the product
				manufacturers. It is a violation of federal law to use Steri-Fab or Microban
				disinfectant in a manner inconsistent with its labeling. Diluting or mixing
				with other chemicals is prohibited.
D. Yellow law labels must be attached and
				dated as soon as sanitizing process is completed.
E. Persons donating (no monetary exchange)
				secondhand articles of bedding and upholstered furniture are not required to
				sanitize those articles if the donation is to a holder of a valid sanitizing
				permit. Any items sold (monetary exchange) must be sanitized first.
F. Persons dealing in used bedding and
				upholstered furniture shall maintain a log of sanitized items, indicating
				identification of item, date sanitized, and date rented or sold.
Statutory Authority
§ 32.1-12 of the Code of
					 Virginia.