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Public Act 91-0164
SB881 Enrolled LRB9105847SMdvA
AN ACT regarding safe and hygienic beds.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Safe and Hygienic Bed Act.
Section 5. Definitions. As used in this Act:
"Attorney General" means the Attorney General of the
State of Illinois.
"Bedding" means any mattress, box spring, foundation, or
studio couch made in whole or part from new or secondhand
fabric, filling material, or other textile product or
material and which can be used for sleeping or reclining
purposes.
"Consumer" means a person who purchases or otherwise
acquires bedding for sleeping or reclining purposes in that
person's home or business such as a medical facility or
lodging establishment, and does not include wholesalers,
retailers, or other persons who acquire bedding for purposes
of resale or other distribution.
"Department" means the Illinois Department of Public
Health.
"Manufacturer" means a person who makes any article of
bedding in whole or in part using new or secondhand fabric,
filling material, or other textile product or material.
"New material" means any fabric, filling material, other
textile product or material, or article of bedding that has
not been previously used for any purpose, and includes
by-products of any textile or manufacturing process that are
free from dirt, insects, and other contamination.
"Person" means an individual, sole proprietorship,
partnership, limited liability company, corporation, joint
venture, association, trust, and any other entity, and the
officers, employees, and agents of any of them.
"Renovator", "Rebuilder", and "Repairer" mean a person
who repairs, makes over, recovers, restores, sanitizes,
germicidally treats, cleans, or renews bedding.
"Sanitizer" means any person who sanitizes or
germicidally treats or cleans (but does not otherwise alter)
any fabric, filling material, other textile product or
material, or article of bedding for use in manufacturing or
renovating bedding.
"Secondhand material" means any fabric, filling material,
other textile product or material, or article of bedding that
has been previously used for any purpose or that is derived
from post-consumer or industrial waste, and that may be used
in place of or in addition to new material in manufacturing
or renovating bedding.
Section 10. Label required. All bedding which is
manufactured, renovated, sanitized, sold, or distributed
within the State must bear a clear and conspicuous label that
states whether the bedding is made from all new materials or
is made in whole or in part from secondhand material. The
label shall conform to standards issued by the Department in
administrative rules and shall not be altered or removed
except by the consumer.
Section 15. Registration required. All manufacturers,
renovators, rebuilders, repairers, and sanitizers whose work
products may be sold to retailers, wholesalers, or consumers
within the State of Illinois shall register with the
Department on or before January 1 of each year and shall pay
a registration fee established by administrative rule.
Section 20. Use of secondhand material. Every
manufacturer, renovator, rebuilder, repairer, or sanitizer of
used bedding shall remove the outer fabric, the inner foam,
the pad, any other fabric, and any other textile product,
material, or component and shall inspect each such item for
soiling, malodor, and pest infestation prior to the sale or
distribution of the article. If any material or component of
used bedding appears to be soiled, malodorous, or infested,
that material or component cannot be reused, sold, or
distributed for use in any bedding product.
Section 25. Use of new material. Every manufacturer,
renovator, rebuilder, repairer, and sanitizer shall inspect
all new material for soiling, malodor, and pest infestation
prior to use, sale, or distribution of the article. If any
new material appears to be soiled, malodorous, or infested,
that material cannot be used, sold, or distributed for use in
any bedding product.
Section 30. Rules. The Department shall promulgate
administrative rules necessary to implement, interpret, and
make specific the provisions of this Act, including but not
limited to rules concerning labels, registration, sanitation,
and fees. Rules concerning labels may incorporate by
reference uniform standards, norms, or testing procedures
that are issued, promulgated, or accepted by recognized
government, public, or industry organizations. Fees
established by rule shall be in amounts reasonable and
necessary to defray the costs to the Department of
administering this Act.
Section 35. Violation. Any person who violates any
provision of this Act or the rules promulgated under this Act
shall be guilty of a business offense punishable by a fine of
$10,000 and shall be guilty of committing an unlawful act or
practice pursuant to Section 2 of the Consumer Fraud and
Deceptive Business Practices Act. Each day of violation of
this Act or rules promulgated under this Act shall constitute
a separate offense.
Section 40. Nuisance; injunction. Violation of Section
20 or Section 25 of this Act is declared a public nuisance
inimical to the public health and welfare. The Attorney
General or the State's Attorney of the county in which the
violation occurs may, in addition to other remedies provided
in this Act, bring action for injunction to restrain the
violation.
Section 45. Severability. If any provision of this Act
or the application of this Act to any person or circumstance
is held invalid, the invalidity shall not affect the other
provisions or applications of the Act which can be given
effect without the invalid provision or application, and to
this end the provisions of this Act are severable.
Section 905. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2Z as follows:
(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
Sec. 2Z. Violations of other Acts. Any person who
knowingly violates the Automotive Repair Act, the Dance
Studio Act, the Physical Fitness Services Act, the Hearing
Instrument Consumer Protection Act, the Illinois Union Label
Act, the Job Referral and Job Listing Services Consumer
Protection Act, the Travel Promotion Consumer Protection Act,
the Credit Services Organizations Act, the Automatic
Telephone Dialers Act, the Pay-Per-Call Services Consumer
Protection Act, the Telephone Solicitations Act, the Illinois
Funeral or Burial Funds Act, the Cemetery Care Act, the Safe
and Hygienic Bed Act, or the Pre-Need Cemetery Sales Act
commits an unlawful practice within the meaning of this Act.
(Source: P.A. 89-72, eff. 12-31-95; 89-615, eff. 8-9-96;
90-426, eff. 1-1-98.)
Section 999. Effective date. This Act takes effect upon
becoming law.
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