47-1A-1 Purpose of article
47-1A-2 Definitions
47-1A-3 Sales of new or secondhand bedding prohibited unless tagged; sales of secondhand filling material as new prohibited; presence of secondhand material or bedding as evidence of sale or use
47-1A-4 Bedding and filling material exposed to disease to be sterilized and tagged before sale
47-1A-5 Filling material from any animal or fowl or unsanitary material to be sterilized
47-1A-6 Secondhand filling material to be sterilized
47-1A-7 Registration by sellers of bedding or filling material required
47-1A-8 Altering, defacing or removing tag or stamp
47-1A-9 Counterfeiting stamps or permits
47-1A-10 Sterilization processes; permits; fees
47-1A-11 Statements required on tags to be affixed to bedding
47-1A-12 Tags to be approved by commissioner; material, color, form and size of tags
47-1A-13 Commissioner’s authority to prohibit sales; tagging bedding or material exposed to disease “unclean.”
47-1A-14 Annual registration and permit fees
47-1A-15 Organization of bedding division; rules and regulations; enforcement of article
47-1A-17 Power of inspection and seizure; obstruction of commissioner or employees prohibited
47-1A-18 Penalties for violations
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Terms Used In West Virginia Code > Chapter 47 > Article 1A - Regulation and Control of Bedding and Upholstery Businesses

  • articles of bedding: includes upholstered furniture and filling material (as herein defined) and any mattress, pillow, cushion, quilt, bed pad, comforter, upholstered spring bed, headboard, box springs, davenport or day bed, bedsprings, metal couch, metal bed, metal cot, metal cradle, metal bassinette, which is wholly or partly upholstered and is used or intended for use for sleeping, resting or reclining purposes. See West Virginia Code 47-1A-2
  • Commissioner: means commissioner of labor. See West Virginia Code 47-1A-2
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Department: means state department of labor. See West Virginia Code 47-1A-2
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Filling material: includes any hair, down, feathers, wool, cotton, kapok, or other soft material used in the manufacture of and for filling articles of bedding or upholstered furniture. See West Virginia Code 47-1A-2
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • made: includes altering, repairing, finishing or preparing articles of bedding or upholstered furniture or filling materials for sale, including remaking or renovating when done away from the home of the owner. See West Virginia Code 47-1A-2
  • New: means any material or article which has not been previously used for any purpose, including by-products produced in the manufacture of any fabric and material reclaimed from new fabric: Provided, however, That an article of bedding returned by the purchaser for exchange, alteration, or correction within thirty days after date of delivery after original sale at retail, shall be deemed to be a new article, but if such article is returned later than thirty days after the date of such delivery, such article shall be deemed to be secondhand. See West Virginia Code 47-1A-2
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • Person: shall include persons, partnerships, corporations and associations. See West Virginia Code 47-1A-2
  • Secondhand: means any material or article of which prior use has been made, except as otherwise provided in this article. See West Virginia Code 47-1A-2
  • sold: includes offering or exposing for sale or exchange or lease or consigning or delivery in consignment for sale, exchange or lease or holding in possession with like intent. See West Virginia Code 47-1A-2
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Upholstered furniture: means any article of household furniture wholly or partly stuffed or filled with soft material which is used or intended for use for sitting, resting or reclining purposes. See West Virginia Code 47-1A-2