CHAPTER 356

FORMERLY

HOUSE BILL NO. 291

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 21, PART II, TITLE 16, DELAWARE CODE, PERTAINING TO REGULATORY PROVISIONS CONCERNING PUBLIC HEALTH, AND SPECIFICALLY RELATING TO MATTRESSES, PILLOWS AND BEDDING.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend §2101, Chapter 21, Title 16, Delaware Code, by the addition of the following language for "bedding," which definition shall be placed on the line directly under the word "meaning," and which definition shall immediately precede the definition for the word "comfortable":

"'Bedding' shall mean any mattress, mattress pad, mattress protector pad, box spring, upholstered spring, upholstered bed, davenport, upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow, feather-bed, sleeping bag; or any other bag, case or cover made of leather, textile or other material which is stuffed or filled in whole or in part with concealed material, which is intended for use by any human being for sleeping or reclining purposes."

Section 2. Amend §2106, Chapter 21, Title 16, Delaware Code, by striking the words "covering a substantial cloth tag, upon which shall be plainly and indelibly" as the same appears in the first sentence of paragraph (a) therein, and substituting in lieu thereof the words "covering a tag of cloth or other substantial material upon which shall be plainly and indelibly".

21, Title 16, Delaware Code, by striking the words "tagging, inspection and adhesive stamp provisions" as they appear in subparagraph (4) therein, and substituting in lieu thereof the words "tagging and inspection provisions".

Section 4. Amend §2106, Chapter 21, Title 16, Delaware Code, by striking the words "tagging, inspection and adhesive stamped provisions of this chapter" as they appear at the end of paragraph (b) therein, and substituting in lieu thereof the words "tagging and inspection provisions of this Chapter."

Section 5. Amend §2106, Chapter 21, Title 16, Delaware Code, by striking paragraph (d) in its entirety, and by redesignating present paragraph (e) as new paragraph (d), and be redesignating present paragraph (f) as new paragraph (e).

Section 6. Amend §2106(f), Chapter 21, Title 16, Delaware Code, by striking the words, "or the adhesive stamps" in their entirety as the same appear therein.

Section 7. Amend §2107, Chapter 21, Title 16, Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

"§2107. Registration and Issuance of Registry Numbers

The State Board of Health shall, upon application to it by any person entitled thereto, register each applicant, issue a permit, and assign a registry number by which number applicants shall thereafter be identified in applying and enforcing the tagging and inspection of this Chapter."

Section 8. Amend §2108, Chapter 21, Title 16, Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

The initial annual permit fee and subsequent annual renewal fee under the provisions of this Chapter for manufacturers of bedding products within the State of Delaware or manufacturers of such products who ship said products into this State shall be as follows:

Bedding Manufacturer $50.00"

Section 9. Amend §2109, Chapter 21, Title 16, Delaware Code, by striking said section in its entirety, and substituting in lieu thereof the following:

"§2109. Renewal of Permit

Permits shall remain effective only during a calendar year beginning January 1, and ending December 31, or any remaining portion of a calendar year beginning on the date the permit is issued. Applications for renewal of the permit must be made within the sixty-day period preceding expiration of the permit currently held by the applicant. The fee for renewal of a manufacturer's permit shall be fifty dollars ($50.00).'-'

Section 10. Amend §2113, Chapter 21, Title 16, Delaware Code, by striking paragraph (b) in its entirety and substituting in lieu thereof the following paragraph:

"(b) Each mattress, mattress pad, mattress protector pad, box spring, upholstered spring, upholstered bed, davenport, upholstered sofa bed, quilted pad, comforter, bolster, cushion pillow, feather bed, or sleeping bag made or remade, or renovated, sold, offered for sale, delivered, consigned contrary to the provisions of this chapter shall constitute a separate offense."

Section 11. Amend §2113, Chapter 21, title 16, Delaware Code, by striking paragraph (c) in its entirety, and redesignating present paragraph (d) as new paragraph (c). Approved April 12, 1976