§ 37-1005. Exemptions.

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Terms Used In N.Y. Environmental Conservation Law 37-1005

  • Gel foam mattress: means a mattress in which interior foam layers are composed of polyurethane foam or latex foam which has a polyurethane-based gel material either mixed with the foam or applied to the outer surface of polyurethane or latex foam, or a mattress in which the core or padding layers are composed solely of gel material. See N.Y. Environmental Conservation Law 37-1001
  • Mattress: means a ticking filled with a resilient material used alone or in combination with other products intended or promoted for sleeping upon. See N.Y. Environmental Conservation Law 37-1001
  • Reupholstered furniture: means furniture whose original fabric, padding, decking, barrier material, foam, or other resilient filling has been replaced by a custom upholsterer, that has not been sold since the time of the replacement. See N.Y. Environmental Conservation Law 37-1001
  • Upholstered furniture: means any item of furniture, that consists, in whole or in part, of leather, plastic, fabric or other material that contains cotton, wool, polyurethane or other natural or synthetic material that is placed in cushions or on the frame of the furniture. See N.Y. Environmental Conservation Law 37-1001

The prohibitions in section 37-1003 of this title shall not apply to the following:

1. Electronic components of mattresses, reupholstered furniture, or upholstered furniture, or any associated casing for such electronic components.

2. Upholstered or reupholstered furniture components other than those identified in subdivision thirteen of section 37-1001 of this title.

3. Thread or fiber when used for stitching mattress components together.

4. The natural fibers wool, silk, and other animal fibers whether used singly or in combination with other materials.

5. Textiles made using modacrylic fiber components without antimony trioxide when used internally as a barrier material in a memory foam or gel foam mattress or aramid fibers when used in the fabric that covers the bottom (non-sleep surface) of a mattress that has a sleeping surface on only one side of the mattress. This exemption shall expire on January first, two thousand twenty-six.