(1) A wholesaler or retailer may sell bedding, upholstered furniture, quilted clothing, or prefabricated filling if it is properly tagged, stamped, or stenciled under Section 4-10-107 or 4-10-109.
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Terms Used In Utah Code 4-10-110

  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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
  • Person: means a natural person or individual, corporation, organization, or other legal entity. See Utah Code 4-1-109
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • 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
  • Retailer: means a person who sells bedding, upholstered furniture, quilted clothing, or filling material to a consumer for use primarily for personal, family, household, or business purposes. 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
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • 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
  • Wholesaler: means a person who offers an article for resale to a retailer or institution rather than a final consumer. See Utah Code 4-10-102
(2) Notwithstanding the requirements of Section 4-10-107, a retailer who sells used bedding or upholstered furniture shall:

     (2)(a) attach a secondhand material tag to each used article before sale; or
     (2)(b) clearly display a disclosure statement as provided in Subsection (3).
(3) The disclosure statement required under Subsection (2)(b) shall:

     (3)(a) state “ALL BEDDING AND UPHOLSTERED FURNITURE OFFERED FOR SALE IN THIS ESTABLISHMENT ARE SECONDHAND UNLESS SPECIFICALLY LABELED AS NEW”;
     (3)(b) be printed:

          (3)(b)(i) in black capital letters using Arial, Calibri, Cambria, or Times New Roman in no smaller than 48-point font; and
          (3)(b)(ii) on bright yellow paper, at least 8.5 inches by 6.5 inches in size; and
     (3)(c) be displayed at each public entrance and checkstand at each retail location.
(4) Possession of an article by a person who regularly engages in the manufacture, repair, wholesale, or supply of such articles is presumptive evidence of intent to sell.
(5)

     (5)(a) A person who repairs “owner’s own material” shall immediately upon its receipt attach an owner’s material tag to the article.
     (5)(b) The tag shall remain attached to the article until it is actually in the process of repair and shall be reattached upon completion of repair.
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