IC 16-41-32
    Chapter 32. Regulation of Lodging Facilities and BeddingMaterials: Materials Used in Mattresses and Bedding

IC 16-41-32-1
Regulation and inspection
    Sec. 1. The regulation and inspection of the use of unsanitarymaterial in the manufacture, renovation, or repair of bedding and thesale of articles of bedding containing unsanitary material is necessaryfor the protection of the health and welfare of the people of Indianaand is declared to be a proper exercise of the police powers of thestate.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-2
Sales of bedding by householders; application of chapter
    Sec. 2. This chapter does not apply to the sale by a householderof bedding that meets the following conditions:
        (1) Was owned and used by the householder and thehouseholder's family.
        (2) Was not acquired for resale.
However, the sale of the bedding by a householder through an agentmust be within the provisions of this chapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-3
Manufacture and renovation of bedding by owners; application ofchapter
    Sec. 3. This chapter does not apply to the making, remaking, orrenovating of any article of bedding by or for the owner, for theowner's own use, and for the purpose of sale:
        (1) if the same or new material is used; or
        (2) if sterilized material is used and that fact is indicated on alabel prescribed by the state department.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-4
Bedding sold by court order; application of chapter
    Sec. 4. This chapter does not apply to any articles of bedding soldunder court order.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-5
Bedding
    Sec. 5. As used in this chapter, "bedding" means any mattress,mattress pad, mattress protector pad, box spring, upholstered spring,upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow,featherbed, sleeping bag, or any other bag, case, or covering thatmeets the following conditions:
        (1) Is made of leather, textile, or other material.        (2) Is stuffed or filled with any soft material or substance.
        (3) Is designed or made for sleeping or reclining purposes orthat is an integral part of a bed or couch or other device used forsleeping or reclining purposes.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-6
Filling material
    Sec. 6. As used in this chapter, "filling material" means thefollowing:
        (1) Hair.
        (2) Down.
        (3) Feathers.
        (4) Wool.
        (5) Cotton.
        (6) Kapok.
        (7) Plant fibers.
        (8) Any other soft material used in the manufacture of and thefilling or stuffing of articles of bedding.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-7
Manufacture
    Sec. 7. (a) As used in this chapter, "manufacture" means making,remaking, or renovating.
    (b) The term includes altering, repairing, finishing, refinishing, orpreparing articles of bedding for sale or resale made of either new orsecondhand material.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-8
New
    Sec. 8. As used in this chapter, "new" means an article of beddingor filling material that has not been previously used for any purpose.Manufacturing processes may not be considered a prior use.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-9
Renovate
    Sec. 9. As used in this chapter, "renovate" means to restore toformer condition or to place in a good state of repair.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-10
Secondhand
    Sec. 10. As used in this chapter, "secondhand" means any articleof bedding or material or part of bedding or material of which prioruse of any kind has been made. An article of bedding must beconsidered secondhand if the article contains any secondhandmaterial in whole or in part.As added by P.L.2-1993, SEC.24.

IC 16-41-32-11
Sell
    Sec. 11. As used in this chapter, "sell", or a variation of "sell",includes any of the following, or any combination of the following:
        (1) Sell.
        (2) Offer.
        (3) Expose for sale.
        (4) Barter.
        (5) Trade.
        (6) Lend.
        (7) Deliver.
        (8) Give away.
        (9) Rent.
        (10) Consign.
        (11) Lease.
        (12) Possess with intent to sell.
        (13) Dispose of in any other commercial manner.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-12
Supply dealer
    Sec. 12. As used in this chapter, "supply dealer" means any personmanufacturing, processing, or selling at wholesale any felt batting,pads, or loose material in bags or containers, concealed or notconcealed, to be used in articles of bedding.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-13
Wholesaler
    Sec. 13. (a) As used in this chapter, "wholesaler" means a personlocated outside Indiana who, on the person's own account, sells ordistributes an article of bedding or filling material to another for thepurpose of resale.
    (b) The term does not include an affiliate or a subsidiary:
        (1) if the ownership and name are identical; and
        (2) that is the exclusive sales outlet of a manufacturer.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-14
Administration of chapter
    Sec. 14. (a) The state department shall administer this chapter.The state department may:
        (1) adopt rules under IC 4-22-2 to administer this chapter;
        (2) employ persons as necessary under IC 4-15-2;
        (3) make expenditures;
        (4) require reports and records;
        (5) make investigations; and
        (6) take other action;as the state department considers necessary or suitable for the properadministration of this chapter.
    (b) The state department may authorize persons to do any act thatmay be done by the state department.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-15
Inspections of articles and records
    Sec. 15. (a) The state department may take possession of an articleof bedding or filling material made or offered for sale for inspectionand may open the article of bedding to examine the contents.
    (b) The state department may also inspect the purchase records ofthe owner of the articles of bedding to determine the kinds ofmaterials used.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-16
Prohibitions of sale; labels
    Sec. 16. (a) If an article of bedding does not meet therequirements of this chapter, the state department shall do thefollowing:
        (1) Prohibit the sale of the article.
        (2) Affix to each article of bedding a label designed andprescribed by the state department.
    (b) The article of bedding may not be sold without the writtenconsent of the state department. The label may not be removedexcept by an agent of the state department.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-17
Inspections of sites
    Sec. 17. A location where:
        (1) an article of bedding covered by this chapter is made,remade, or renovated;
        (2) material for the article of bedding is manufactured,prepared, or stored;
        (3) the article of bedding is offered for sale or is possessed withintention to sell; or
        (4) sterilization or disinfection is performed;
is subject to periodic inspection by the state department for thepurpose of administering or enforcing this chapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-18
Interference with inspections
    Sec. 18. It is unlawful for any person to interfere with anyinspection under this chapter.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-19 Sterilization and disinfection of materials
    Sec. 19. A person engaged in:
        (1) the manufacturing, remaking, or renovating of an article ofbedding; or
        (2) processing or selling felt, batting, pads, or loose material tobe used in articles of bedding covered by this chapter;
may not use any secondhand material, new or secondhand feathers,down, or any material that comes from an animal unless thesecondhand material, feathers, down, or other material has beenthoroughly sterilized or disinfected by a process approved by thestate department.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-20
Prohibited sales
    Sec. 20. A person may not sell:
        (1) an article of bedding covered by this chapter that is made,remade, or renovated in violation of this chapter; or
        (2) a secondhand article of bedding or filling material coveredby this chapter unless, since the article's last use, the article hasbeen sterilized or disinfected by a process approved by the statedepartment.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-21
Sterilization and disinfection permits
    Sec. 21. (a) A person desiring to secure approval of the process bywhich the articles of bedding or filling materials are sterilized ordisinfected, in accordance with sections 19 and 20 of this chapter,shall submit to the state department a plan of the apparatus and theprocess intended to be used for such sterilization or disinfection.
    (b) After the state department inspects and approves the processand equipment to be used, the state department shall issue anumbered permit for use.
    (c) A sterilization or disinfection permit issued under subsection(b) must be conspicuously posted on the premises near the sterilizer.
    (d) A person holding a sterilization or disinfection permit shallkeep an accurate written record of all articles of materials that aresterilized or disinfected, including the following:
        (1) The date the sterilization or disinfection was performed.
        (2) In the case of articles of bedding, the name and address ofthe buyer or owner of the articles.
This record shall be available for examination at any time by thestate department.
    (e) An application for a permit for the approval of a sterilizationor disinfection process and equipment located outside Indiana maybe approved only after the state department conducts a personalinspection of that process and equipment, unless the other state hasan inspection service that is acceptable to the state department. Theapplicant shall pay the expenses for an inspection outside Indiana.    (f) The state department shall revoke the sterilization ordisinfection permit of a person who, after fair hearing or opportunityto be heard by the state department, is found to be in noncompliancewith the sterilization or disinfection provisions of this chapter. Thestate department may not issue a new permit to the person until theperson does the following:
        (1) Satisfies the state department that the person will complywith this chapter and the rules adopted under this chapter.
        (2) Posts a five hundred dollar ($500) bond in favor of the statedepartment to guarantee compliance.
    (g) This chapter does not prevent a person engaged in the making,remaking, renovation, or sale of an article of bedding or material thatrequires sterilization or disinfection under this chapter from havingthe sterilization or disinfecting performed by a person who has avalid permit for the purposes if the number of the permit appears onthe tag attached to each article of bedding or filling material asdescribed in section 22 of this chapter.
As added by P.L.2-1993, SEC.24. Amended by P.L.142-1995,SEC.27.

IC 16-41-32-22
Information tags
    Sec. 22. (a) Each new article of bedding governed by this chaptermust have securely attached to the article a substantial white clothtag that meets the following conditions:
        (1) Is visible on the outside covering, with the visible part beingnot less than six (6) square inches in size.
        (2) Will not flake when abraded.
        (3) Upon which is indelibly stamped or printed in the Englishlanguage a statement of the following:
            (A) Describing the kind of materials used in filling thearticle of bedding.
            (B) Stating that the materials are new.
            (C) Disclosing the name and address of the manufacturer,distributor, or vendor.
            (D) For articles of bedding made of feather, down, ormaterial that comes from an animal, the number of thepermit issued to the processor who sterilized or disinfectedthe materials.
            (E) For articles of bedding containing mixtures of materialfrom animal or fowl, the percentage by weight of each kindof material contained in the article of bedding.
    (b) Each article of bedding containing secondhand material, inwhole or in part, must have securely attached to the article a similartag of yellow cloth upon which is stamped or printed in the samemanner as required in subsection (a) a statement of the following:
        (1) Describing the kind of materials used in filling the article ofbedding.
        (2) Stating that the article of bedding or materials in the beddingare secondhand.        (3) Disclosing the number of the permit issued to the processorwho sterilized or disinfected the article of bedding or materialsin the bedding.
    (c) A shipment or delivery, however contained, of material usedfor filling articles of bedding must have conspicuously attached tothe material a tag upon which is stamped or printed, as required inthis section, a statement of the following:
        (1) Describing the kind of material.
        (2) Stating whether the material is new or secondhand.
        (3) Disclosing the name and address of the manufacturer,distributor, or vendor.
        (4) For secondhand material or material from animal or fowl,disclosing the permit number of the processor who sterilized ordisinfected the material.
    (d) The terms used on the tag to describe filling materials must berestricted to those defined in the rules adopted under this chapter. Atrade or substitute term may not be used, and no additionalinformation may be contained in the statement. The description ofthe filling material and the statement of whether new or secondhandmust be in plain type not less than one-eighth (1/8) inch in height.
As added by P.L.2-1993, SEC.24. Amended by P.L.142-1995,SEC.28.

IC 16-41-32-23
Bedding labels; false or misleading statements; removal, defacing,or alteration
    Sec. 23. A person may not:
        (1) use a false or misleading statement, term, or designation ona bedding label; or
        (2) remove, deface, or alter or attempt to remove, deface, oralter the label or the statement of filling materials that appearson the label.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-24
Repealed
    (Repealed by P.L.142-1995, SEC.32.)

IC 16-41-32-25
Intent to sell; presumptive evidence
    Sec. 25. The possession of an article of bedding or filling materialby a maker, remaker, or dealer in the course of business ispresumptive evidence of intent to sell.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-26
Repealed
    (Repealed by P.L.142-1995, SEC.32.)

IC 16-41-32-27 Renovation tags
    Sec. 27. A person who receives an article of bedding governed bythis chapter for renovation shall attach, at the time received, a red tagon which the date of receipt and the name and address of the ownerare legibly written.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-28
Clean materials
    Sec. 28. Filling material that is used in the manufacture ofbedding governed by this chapter must be free from extraneousforeign matter, dirt, or trash.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-29
Clean premises and equipment
    Sec. 29. The premises, delivery equipment, machinery,appliances, and devices of:
        (1) bedding manufacturers;
        (2) supply dealers;
        (3) renovators;
        (4) sterilizers or disinfectors; and
        (5) retailers;
must at all times be kept free from refuse, dirt contaminations,insects, and vermin.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-30
Violations
    Sec. 30. (a) A person who:
        (1) knowingly makes a false statement, misrepresentation, orreport to the state department; or
        (2) knowingly fails to disclose a material fact to avoid liabilityunder this chapter;
commits a Class B misdemeanor.
    (b) A person who knowingly violates or fails to comply with thischapter commits a Class B misdemeanor.
As added by P.L.2-1993, SEC.24.

IC 16-41-32-31
Enforcement
    Sec. 31. All proceedings for the enforcement of this chapter or torestrain violations of this chapter shall be in the name of the state.
As added by P.L.2-1993, SEC.24.