Title BPC — California Bus. & Prof. Code

The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All…

Except as qualified by this chapter the chief has all the powers and duties of a head of a department under Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.

With the approval of the director, the chief may adopt rules and regulations necessary for the administration of this chapter and declaring the policy of the bureau, and shall determine when any article, not otherwise clearly defined, is “upholstered furniture” or “bedding” or “i…

All rules and regulations shall become effective not earlier than 30 days after approval by the director, and upon compliance with the procedure provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

It shall be unlawful for any person to engage in a business regulated by this chapter unless, at the time of so doing, he or she holds a valid, unexpired license to engage in that business, in compliance with the provisions of this chapter.

To obtain a license authorized by this chapter, an applicant shall submit to the chief an application in writing. The application shall be made on a form prescribed by the chief and shall be accompanied by the fee fixed by this chapter.

Every upholstered-furniture retailer, unless they hold an importer’s license, a furniture and bedding manufacturer’s license, a wholesale furniture and bedding dealer’s license, a custom upholsterer’s license, or a retail furniture and bedding dealer’s license shall hold a retail…

Every custom upholsterer, unless he or she holds a furniture and bedding manufacturer’s license, shall hold a custom upholsterer’s license.

Every upholstered-furniture wholesaler, bedding wholesaler, and upholstered-furniture and bedding wholesaler, unless he or she holds an importer’s license, shall hold a wholesale furniture and bedding dealer’s license.

Every importer shall hold an importer’s license.

Every upholstered-furniture manufacturer, bedding manufacturer, upholstered-furniture and bedding manufacturer, or bedding renovator, unless he or she holds an importer’s license, shall hold a furniture and bedding manufacturer’s license.

Every bedding retailer, unless they hold an importer’s license, an upholstered-furniture and bedding manufacturer’s license, a wholesale upholstered-furniture and bedding dealer’s license, or a retail furniture and bedding dealer’s license, shall hold a retail bedding dealer’s li…

Every bedding renovator shall hold an upholstered-furniture and bedding manufacturer’s license.

Every supply dealer, unless he or she holds an upholstered-furniture and bedding manufacturer’s license or an importer’s license, shall hold a supply dealer’s license.

Every sanitizer shall hold a sanitizer’s license unless they are licensed as a home medical device retail facility by the State Department of Public Health or as an upholstered furniture and bedding manufacturer, retail furniture and bedding dealer, retail bedding dealer, or cust…

Every insulation manufacturer who sells insulation material in California shall hold an insulation manufacturing license issued by the bureau. Manufacturers having more than one manufacturing plant shall hold a single license for all plants under the same ownership producing the …

Every person in any class shall obtain a separate license for each branch house; but one whose manufacturing plant is located in another state or foreign country, and who is licensed to manufacture upholstered furniture or bedding or filling materials for sale in California, may …

Every person who, on his or her own account, sells either directly or indirectly to any person either at wholesale or retail any merchandise subject to this chapter by means of a car, catalog, office, or in any other manner, shall obtain the proper license for each method of sale…

(a) Except as provided in subdivision (b), every person who, on his or her own account, advertises, solicits or contracts to manufacture, repair or renovate upholstered furniture or bedding, and who either does the work himself or herself or has others do it for him or her, shall…

Every person doing business at the same address under more than one firm name is subject to the license provisions for each firm name.

The chief shall prescribe the procedure relative to: (a) Assignment or reassignment of serial or registry numbers. (b) Transfer of licenses between persons, where such transfer is effected through rent, lease or sale of the business. (c) Change in name, ownership, address, or of …

A license issued by the bureau shall be posted in a conspicuous place in the main office or principal place of business of the licensee.

The bureau may refuse to issue any license provided for in this chapter to any individual: (a) Who has had any license issued to them revoked, or whose license is under suspension, or who has failed to renew their license while it was under suspension. (b) If any license of a par…

The bureau may refuse to issue any license provided for in this chapter to any partnership, corporation, limited liability company, firm, or association: (a) Who has had any license issued to it revoked, or whose license is under suspension, or who has failed to renew its license…

This chapter applies to upholstered furniture, bedding and filling materials, and insulation sold in California regardless of its point of origin.

Secondhand bedding, or secondhand filling materials to be used or that could be used in bedding received from outside of this state shall comply with all the sanitization provisions of this chapter before it is accepted, sold or delivered, either directly or indirectly by any per…

Responsibility for compliance with this chapter rests not only with the manufacturer but also with the importer, wholesaler, retailer, or any person having in his or her possession any article of upholstered furniture or bedding, or filling materials with intent to resell contrar…

Importers, wholesalers, and retailers shall not sell or resell in California unlabeled upholstered furniture or bedding. Importers, wholesalers, and retailers shall obtain labels from the manufacturer of those articles and shall affix the labels before offering any upholstered fu…

The manufacturer of chairs and benches and similar articles, using slip seats that are manufactured by himself or herself or purchased from another, is responsible for the labeling of those articles.

Aiding, abetting, or knowingly combining or conspiring with an unlicensed person engaged in a business regulated by this chapter, to evade the provisions of this chapter, or allowing one’s license or registry number to be used by an unlicensed person to evade the provisions of th…

This chapter does not apply to upholstered furniture, bedding, or insulation manufactured and sold at wholesale in California for delivery outside the borders of this state.

This chapter does not apply to the manufacturer of insulating window or door glass or products containing insulating window or door glass.

A person shall not, at wholesale, retail, or otherwise, directly or indirectly, make, rebuild, repair, renovate, process, prepare, sell, offer for sale, display, or deliver any article of upholstered furniture or bedding, or any filling materials in prefabricated form or loose in…

The form and size of labels, the fabric of which they are made and the wording and statements thereon necessary to carry out the provisions of this chapter, shall be approved by the chief.

A rubber stamp may be used in lieu of a label, on articles with slip seats having a smooth backing on which the imprint can be legibly and indelibly stamped.

Labels shall be securely attached to the article or filling material at the factory, in a position where they can be conveniently examined.

The information required by this chapter shall be printed on one side of the label only.

Labels shall contain no advertising matter nor anything that detracts, or is likely to detract from the required statements.

No mark, tag, sticker or any other device shall be placed upon labels by any dealer or any other person in such a way as to cover the required statements.

It is unlawful for any person, except the purchaser for his own use, to attempt to, or to remove, deface, alter or cause to be removed, defaced or altered, the label or any mark or statement thereon, placed upon any article of upholstered furniture, bedding, or filling material u…

It is unlawful to use, in the description of filling material, or in the statement on any label, any misleading term or designation or any term or designation likely to mislead.

The bureau may establish grades, specifications and tolerances for the kinds and qualities of materials which are used or intended to be used in the manufacture, repair or renovation of upholstered furniture, bedding or filling materials, and may approve or adopt designations and…

All bedding with liquid filling material and each component part of such bedding shall be clearly labeled in a manner approved by the chief.

Any upholstered furniture or mattress that is made from or contains nonflame retardant cellular foam shall be labeled in a manner approved by the chief. On and after January 1, 2004, all bedding that is made from or contains nonflame retardant cellular foam shall also be labeled …

The repairer or renovator of any secondhand upholstered furniture or bedding which is subsequently sold, shall affix the “Secondhand Material” label.

Any person who repairs or renovates upholstered furniture or bedding for the owner for his or her own or a tenant’s use, shall affix the “Owner’s Material” label, which shall be attached to the article before delivery to the owner.

(a) For the purposes of this section, the following definitions shall apply: (1) “Component” means the separate constituent parts of upholstered furniture sold in California, as identified in Technical Bulletin 117-2013, specifically cover fabrics, barrier materials, resilient fi…

For the purposes of this article, the following definitions apply: (a) “Chemical” has the same meaning as in subdivision (a) of Section 19094. (b) “Consumer price index” has the same meaning as in subdivision (a) of Section 19094. (c) (1) “Covered flame retardant chemical” means …

(a) On or after January 1, 2020, a person, including a manufacturer, shall not sell or distribute in commerce in this state any new, not previously owned juvenile products, mattresses, or upholstered furniture that contains, or a constituent component of which contains, covered f…

(a) On and after January 1, 2027, a person, including, but not limited to, a manufacturer, retailer, importer, or online seller, shall not manufacture, sell, offer, or distribute in commerce in this state any new, not previously owned juvenile product, mattress, or upholstered fu…