Definitions

Bedding means any quilted pad, mattress pad, hammock pad, mattress, comforter, bunk quilt, sleeping bag, box spring, studio couch, pillow, cushion, or any bag or container made of leather, cloth or any other material, or any other device that is stuffed or filled in whole or in part with concealed material in addition to the structural units and filling material used and its container, all of which is designed or constructed for use by any human being for sleeping, resting or reclining purposes. Filling Material means cotton, wool, kapok, feathers, down, hair, sisal, jute, glass fiber, rubber, silk, rayon, or any other material or any combination thereof, loose, carded, felted or in batting form, pads or in any other prefabricated form, concealed or not concealed, to be used or which can be used in articles of bedding, upholstered furniture or in stuffed toys. Filling Material includes the following classifications, which are provided by the International Association of Bedding and Furniture Law Officials (IABFLO): (1) Cotton; (2) Down; (3) Feathers; (4) Foam; (5) Hair; (6) Man Made or Manufactured Fibers; (7) Miscellaneous Vegetable Fibers; (8) Rubber; (9) Various Fiber By-products and Other Filling Materials; and (10) Wool. IABFLO means the International Association of Bedding and Furniture Law Officials. Label means the label which is required to be attached to upholstered furniture, bedding, and stuffed animals. Examples of such labels can be found on the IABFLO website at http://iabflo.org. Manufacturer means a person who, either by himself or herself or through employees or agents, makes any article of upholstered furniture or bedding in whole or in part, or who does the upholstering or covering of any structural unit thereof, using either new or secondhand material. Person means individuals, partnerships, associations, firms, auctioneers, trusts and corporations, and their agents, servants and employees. Pillow means a bag or case of cloth or other soft material filled or stuffed with feathers, down, kapok, cotton, hair, wool, glass fiber, rubber, silk, rayon or other sanitary filling not prohibited by M.G.L. c. 94, §§ 271 through 276 to be used as a rest or support in reclining or sleeping. Remade or Renovated mean an article of bedding or upholstered furniture which has been remade or renovated, and which is not to be resold or offered for resale but is to be returned to the original owner. Renovator, Reupholsterer, Remaker or Repairer mean a person who, either by himself or through employees or agents, is engaged primarily in the remaking or renovating of upholstered furniture, and shall also mean a person who, incidental to the business of remaking or renovating upholstered furniture, renovates or manufactures articles of bedding or furniture to be sold by him at retail. Such person shall not be bound by any provision of 105 CMR 620.000; provided, however, that if he or she manufactures upholstered furniture or bedding to be sold by him or her at retail, or renovates articles of bedding, he or she shall also comply with the labeling provisions under M.G.L. c. 94, § 272 and 105 CMR 620.000 pertaining to such furniture or bedding. Mass. Register #1322 (9/23/16) Retailer means a person who sells, offers or exposes for sale, or has in his or her possession with intent to sell, to a consumer or user an article of bedding, upholstered furniture or stuffed toys. Secondhand, Used or Used Material means any material which has been previously used for any purpose. Manufacturing processes shall not be considered as previous use. An article of upholstered furniture returned by the purchaser for exchange, alteration or correction within 30 days from date of delivery after original sale at retail shall be deemed to be a new article; but after 30 days from date of such delivery, such article shall be deemed to be secondhand. Any article of upholstered furniture or bedding or any stuffed toy shall be deemed secondhand if it contains any secondhand material, in whole or in part. Sell means sell, offer or expose for sale, barter, trade, deliver, give away, rent, consign, lease, possess with an intent to sell or dispose of in any other commercial manner. Sterilizer means a person licensed by the Department to sterilize any upholstered furniture, bedding or stuffed toys and filling material or component parts thereof. Stuffed Toy means any article intended for use by infants or children as a toy and which is filled with any filling material. All materials used in stuffed toys shall be new and free from dangerous or harmful chemicals or other substances. Manufacturers using filling material in stuffed toys containing products of animal origin shall have said material sterilized in accordance with Massachusetts law. Supply Dealer means a person licensed by the department to manufacture, process or sell at wholesale any felt, batting, pads or other filling, loose, in bags, in bales, or in containers, concealed or not concealed, to be used or which can be used in articles of bedding or upholstered furniture, or in stuffed toys. Upholstered Furniture means any furniture, including children's furniture, movable or stationary which: (1) is made or sold with cushions or pillows, loose or attached; or (2) is itself stuffed or filled, in whole or in part, with any material, hidden or concealed by fabric or any other covering, including cushions or pillows belonging to or forming part thereof, together with the structural units, the filling material and its covering and its container, which can be used as a support for the body of a human being, or his limbs and feet when sitting or resting in an upright or reclining position. Upholstery Jobber means a person whose primary business is the wholesaling of fabrics used in the upholstery trade. Such a person may also sell the basic supplies used in the trade, including new filling materials purchased from a licensed supply dealer. An upholstery jobber shall be excluded from the licensing provisions of M.G.L. c. 94, § 271 and 105 CMR 620.000.