Title 16, HEALTH

Sec. 13. (a) As used in this chapter, "wholesaler" means a person located outside Indiana who, on the person's own account, sells or distributes an article of bedding or filling material to another for the purpose of resale. (b) The term does not include an affiliate or a subsidi…

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 4-15-2.2; (3) make expenditures; (4) require reports and records; (5) make investigation…

Sec. 15. (a) The state department may take possession of an article of bedding or filling material made or offered for sale for inspection and may open the article of bedding to examine the contents. (b) The state department may also inspect the purchase records of the owner of t…

Sec. 16. (a) If an article of bedding does not meet the requirements of this chapter, the state department shall do the following: (1) Prohibit the sale of the article. (2) Affix to each article of bedding a label designed and prescribed by the state department. (b) The article o…

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 with intention to sell; or (4) …

Sec. 18. It is unlawful for any person to interfere with any inspection under this chapter. [Pre-1993 Recodification Citation: 16-9-4-3 part.] As added by P.L.2-1993, SEC.24.

Sec. 19. A person engaged in: (1) the manufacturing, remaking, or renovating of an article of bedding; or (2) processing or selling felt, batting, pads, or loose material to be used in articles of bedding covered by this chapter; may not use any secondhand material, new or second…

Sec. 2. This chapter does not apply to the sale by a householder of bedding that meets the following conditions: (1) Was owned and used by the householder and the householder's family. (2) Was not acquired for resale. However, the sale of the bedding by a householder through an a…

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 covered by this chapter unless, since the article's last use, the article …

Sec. 21. (a) A person desiring to secure approval of the process by which the articles of bedding or filling materials are sterilized or disinfected, in accordance with sections 19 and 20 of this chapter, shall submit to the state department a plan of the apparatus and the proces…

Sec. 22. (a) Each new article of bedding governed by this chapter must have securely attached to the article a substantial white cloth tag that meets the following conditions: (1) Is visible on the outside covering, with the visible part being not less than six (6) square inches …

Sec. 23. A person may not: (1) use a false or misleading statement, term, or designation on a bedding label; or (2) remove, deface, or alter or attempt to remove, deface, or alter the label or the statement of filling materials that appears on the label. [Pre-1993 Recodification …

Sec. 25. The possession of an article of bedding or filling material by a maker, remaker, or dealer in the course of business is presumptive evidence of intent to sell. [Pre-1993 Recodification Citation: 16-9-4-2(i) part.] As added by P.L.2-1993, SEC.24.

Sec. 27. A person who receives an article of bedding governed by this chapter for renovation shall attach, at the time received, a red tag on which the date of receipt and the name and address of the owner are legibly written. [Pre-1993 Recodification Citation: 16-9-4-8 part.] As…

Sec. 28. Filling material that is used in the manufacture of bedding governed by this chapter must be free from extraneous foreign matter, dirt, or trash. [Pre-1993 Recodification Citation: 16-9-4-9 part.] As added by P.L.2-1993, SEC.24.

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 vermi…

Sec. 3. This chapter does not apply to the making, remaking, or renovating of any article of bedding by or for the owner, for the owner'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 indicate…

Sec. 30. (a) A person who: (1) knowingly makes a false statement, misrepresentation, or report to the state department; or (2) knowingly fails to disclose a material fact to avoid liability under this chapter; commits a Class B misdemeanor. (b) A person who knowingly violates or …

Sec. 31. All proceedings for the enforcement of this chapter or to restrain violations of this chapter shall be in the name of the state. [Pre-1993 Recodification Citation: 16-9-4-11.] As added by P.L.2-1993, SEC.24.

Sec. 4. This chapter does not apply to any articles of bedding sold under court order. [Pre-1993 Recodification Citation: 16-9-4-8 part.] As added by P.L.2-1993, SEC.24.

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 that meets th…

Sec. 6. As used in this chapter, "filling material" means the following: (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 the filling or stuffing of articles of bedding. [Pre-1993 Recod…

Sec. 7. (a) As used in this chapter, "manufacture" means making, remaking, or renovating. (b) The term includes altering, repairing, finishing, refinishing, or preparing articles of bedding for sale or resale made of either new or secondhand material. [Pre-1993 Recodification Cit…

Sec. 8. As used in this chapter, "new" means an article of bedding or filling material that has not been previously used for any purpose. Manufacturing processes may not be considered a prior use. [Pre-1993 Recodification Citation: 16-9-4-2(c).] As added by P.L.2-1993, SEC.24.

Sec. 9. As used in this chapter, "renovate" means to restore to former condition or to place in a good state of repair. [Pre-1993 Recodification Citation: 16-9-4-2(f).] As added by P.L.2-1993, SEC.24.