Utah Code 4-10-106. Unlawful acts specified
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It is unlawful for a person to:
(1) sell bedding, upholstered furniture, quilted clothing, or filling material as new unless it is made from new material and properly tagged;
Terms Used In Utah Code 4-10-106
- Article: means bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102
- Bedding: means a:(2)(a) quilted, packing, mattress, or hammock pad; or(2)(b) mattress, boxspring, comforter, quilt, sleeping bag, studio couch, pillow, or cushion made with a filling material that can be used for sleeping or reclining. See Utah Code 4-10-102
- Department: means the Department of Agriculture and Food created in Chapter 2, Administration. See Utah Code 4-1-109
- Filling material: means cotton, wool, kapok, feathers, down, shoddy, hair, or other material, or a combination of materials, whether loose or in bags, bales, batting, pads, or other prefabricated form that is, or can be, used in bedding, upholstered furniture, or quilted clothing. See Utah Code 4-10-102
- Label: means the display of written, printed, or graphic matter upon a tag or upon the immediate container of a bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102
- Manufacture: means to make, process, or prepare from new or secondhand material, in whole or in part, a bedding, upholstered furniture, quilted clothing, or filling material for sale. See Utah Code 4-10-102
- New material: includes :
(7)(b)(i) by-products from a textile mill using only new raw material synthesized from a product that has been melted, liquified, and re-extruded; and(7)(b)(ii) down and feather that has been sterilized in accordance with the department's rules made under Sections 4-10-103 and 4-10-113. See Utah Code 4-10-102- Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
- Quilted clothing: means a filled garment or apparel, exclusive of trim used for aesthetic effect, or a stiffener, shoulder pad, interfacing, or other material that is made in whole or in part from filling material and sold or offered for sale. See Utah Code 4-10-102
- Repair: means to restore, recover, alter, or renew bedding or upholstered furniture for a consideration. See Utah Code 4-10-102
- Secondhand: means an article or filling material, or portion of an article or filling material, that has previously been used. See Utah Code 4-10-102
- sell: means to offer or expose for sale, barter, trade, deliver, consign, lease, or give away any bedding, upholstered furniture, quilted clothing, or filling material. See Utah Code 4-10-102
- Tag: means a card, flap, or strip attached to an article for the purpose of displaying information required by this chapter or under rule made pursuant to it. See Utah Code 4-10-102
- Upholstered furniture: means portable or fixed furniture, except fixed seats in motor vehicles, boats, or aircraft, that is made in whole or in part with filling material, exclusive of trim used for aesthetic effect. See Utah Code 4-10-102
- Used: means an article that has been sold to a consumer and has left the store. See Utah Code 4-10-102
(2) sell bedding, upholstered furniture, quilted clothing or filling material made from secondhand material that is not properly tagged;(3) label or sell a used or secondhand article as if it were a new article;(4) use burlap or other material that has been used for packing or baling, or to use any unsanitary, filthy, or vermin or insect infested filling material in the manufacture or repair of an article;(5) sell bedding, upholstered furniture, quilted clothing or filling material that is not properly tagged regardless of point of origin;(6) use a false or misleading statement, term, or designation on a tag;(7) use a false or misleading label;(8) sell new bedding, upholstered furniture, or quilted clothing with filling material made of down, feather, wool, or hair that has not been properly sterilized; or(9) engage in the manufacture, repair, sterilization, or wholesale sale of bedding, upholstered furniture, quilted clothing, or filling material without a permit issued by the department as required by this chapter, unless otherwise exempt under Section 4-10-104 with respect to the repair of quilted clothing.