 |
Texas Statutes (Last Updated: January 4, 2014) |
 |
HEALTH AND SAFETY CODE |
|
Title 5. SANITATION AND ENVIRONMENTAL QUALITY |
|
Subtitle A. SANITATION |
|
Chapter 345. BEDDING |
|
Subchapter A. GENERAL PROVISIONS |
Sec. 345.001. DEFINITIONS
-
In this chapter:
(1) "Bedding" means a mattress, mattress pad, mattress protector, box spring, sofa bed, studio couch, chairbed, 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.
(2) "Department" means the Texas Department of Health.
(2-a) "Floor model" means new bedding placed in a retail sales area for display purposes.
(3) "Manufacturer" means a person whose principal business is the manufacture of bedding from new materials for the purpose of resale in this state by a distributor, jobber, wholesaler, or retail outlet or subsidiary outlet if the ownership and the name are the same as the manufacturer, or if it is an exclusive sales outlet for the manufacturer, or both.
(4) "Material" means an article, substance, or part of an article or substance, used in the manufacture, repair, or renovation of bedding.
(5) "New" means no previous use for any purpose other than previous use as a floor model.
(6) "Processor" means a person who manufactures, 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 wooden frames or metal springs.
(7) "Recycled material" means material that:
(A) is composed of recyclable material or that is derived from postconsumer waste or industrial waste; and
(B) may be used in place of raw or virgin filling material in manufacturing, repairing, or renovating bedding.
(8) "Renovate" means to restore to a former condition or to place in a good state of repair.
(9) "Secondhand" means previous use in any manner other than previous use as a floor model.
(10) "Sell" includes offering or exposing for sale, including in a sale, bartering, trading, delivering, consigning, leasing, possessing with intent to sell, or disposing of in any commercial manner.
(11) "Wholesaler" means 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. 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.