The Vermont Statutes Online

Title 9: Commerce and Trade

Chapter 079: Upholstered Furniture and Bedding

• § 2941. Used materials prohibited

  (a) A person shall not manufacture for purposes of sale, sell, or offer or expose for sale, or have in possession with intent to sell any article of bedding or article of upholstered furniture the filling of which shall have been previously used for like purpose in other bedding or upholstered furniture. Possession by a manufacturer of or dealer in bedding or upholstered furniture of any article of bedding or article of upholstered furniture the filling of which shall have been previously used for like purpose in other bedding or upholstered furniture shall be prima facie evidence that such article is being manufactured, remade, or renovated or is offered for sale in violation of this chapter.

  (b) A person shall not use in the manufacture of any article of bedding or article of upholstered furniture for purposes of sale, or sell, or offer or expose for sale, or have in his or her possession for the purpose of such use or for sale or for use in the remaking or renovating of any such article, any material that has previously been used in or about a hospital, or on or about the person of anyone having an infectious or contagious disease, nor shall any person sell, or offer or expose for sale, any article containing materials that have previously been so used.

• § 2942. Tagging of bedding and furniture

  A person shall not manufacture for purposes of sale, sell, or offer or expose for sale, or have in possession with intent to sell any article of bedding or article of upholstered furniture unless there is plainly marked upon each such article or upon a tag sewed on the article, or otherwise securely attached to the article, a statement in the English language, containing no misleading terms or descriptions of the kind of material used for filling in the manufacture of such article, the name of the manufacturer or vendor, and a statement that such article contains all new material, and unless, if any such article is enclosed in a bale, box, crate, or other receptacle, there shall be plainly marked upon such receptacle, or upon a tag securely attached to the receptacle, a statement that the contents of the package are marked as required in this section. Possession of any article of bedding or article of upholstered furniture not marked as provided in this section by any person engaged in the business of manufacturing, selling, or offering for sale any such article shall be prima facie evidence that such article is being manufactured or is offered or exposed for sale in violation of the provisions of this section. The tag required by this section shall be at least three inches by four inches in dimensions and made of cloth or with a cloth back, or, in the case of articles of upholstered furniture, of paper or cloth, and shall be permanently pasted or attached to each such article. (Amended 2021, No. 20, § 29.)

• § 2943. Penalties

  (a) A person who violates a provision of sections 2941 and 2942 of this title, shall be imprisoned not more than six months or fined not more than $500.00, or both.

  (b) A person, except a purchaser at retail, who removes or effaces any marking upon any article or receptacle or any tag or label attached thereto, as provided in section 2942 of this title, shall be fined not more than $50.00.