Adopted Regulations

Effective September 15, 2010

A new Subchapter K is added to Chapter V of Title 19 of the NYCRR to read as follows:

Subchapter K Bedding
Part 199 Bedding

§ 199.1 Label Requirements for new and used bedding.

In addition to the requirements set forth in § 389-a and § 389-b of the General Business Law, each label for new or used bedding shall identify, as appropriate, the name of the seller of the used bedding, the name of the manufacturer of the new bedding, the name of the manufacturer of the used bedding, or the name of repairer, renovator or rebuilder of used bedding. Each label shall also indicate the method used to sanitize the used bedding.

§ 199.2 Sanitizing standards for used bedding.

Every seller of used bedding, manufacturer of used bedding and repairer, renovator or rebuilder of used bedding shall, prior to the sale or distribution of such bedding, perform at least one of the following sanitizing practices:

(1)Replacement with new materials
(a) Remove and discard the outer fabric and all soft filling materials such as the inner foam, pad and other bedding components and materials except the springs and, if a box spring, its frame; and
(b) Sanitize the springs and, if a box spring, its frame, with a detergent and bleach solution following product label directions; and
(c) Replace, with new material, the outer fabric and all soft filling materials and other bedding components except the springs and, if a box spring, its frame. Ensure springs and frame are thoroughly dry before replacing outer fabric, soft filling materials and other bedding components.

(2) Or, Sanitization, treatment and encasement
(a) Remove the outer fabric, inner foam, pad and other bedding components and materials. Inspect each item for soiling , malodor or pest infestation; and
(b) If any material or component appears soiled, malodorous or infested, sanitize with a detergent and bleach solution following the product label directions. Ensure that the material or component is thoroughly dry prior to repairing, renovating or rebuilding. If the item cannot be sanitized without causing damage, it may not be reused; and
(c) All other materials or components used in the process of manufacturing, repairing, renovating or rebuilding used bedding must be inspected for soiling, malodor or pest infestation. Soiled, malodorous or infested components may not be used unless sanitized with a detergent and bleach solution following the product label directions. Ensure that sanitized components are thoroughly dried prior to repairing, renovating or rebuilding; and
(d) Treat the article of bedding and its materials following product label directions, with a NYS registered pesticide product labeled for use on bedding or mattresses and shown to be an effective sanitization treatment to destroy pathogens and pest infestation on surfaces treated. Ensure the treated article is thoroughly dry prior to encasement; and
(e) Encase the bedding in a permanent, non-permeable covering intended to limit the migration of allergen-containing particles from the bedding. New material may be applied over the non-permeable covering. A label indicating the use of the non-permeable covering must be permanently affixed to the outer covering of the bedding. The non-permeable cover shall be of a type specifically manufactured for the intended use. Shipping bags or similar products shall not be used as the non-permeable cover.

(3) Or, Alternative method. Use of an alternative method that has been approved by the Department of State, in consultation with the Department of Health. For an alternative method to be approved, the applicant must demonstrate to the satisfaction of the Department of State that the proposed alternative method will both sanitize the bedding and protect a consumer from pathogens, allergens and pest infestation that may be present inside bedding.

199.3 Segregation of unsterilized articles of bedding or materials. All bedding and other materials which have not been sanitized in accordance with this Part shall be separately stored and completely segregated from new or sanitized articles or materials.