Mass. Gen. Laws ch. 94 § 272

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session

Section 94:272 - Labeling; manner; power of department; reciprocity; removal of labels

No person shall manufacture or sell at wholesale or retail or otherwise, directly or indirectly, make, repair, renovate or offer or expose for sale, or have in his possession with intent to sell, any stuffed toy or article of new or secondhand upholstered furniture or bedding which can be used by human beings, if it is made of any new or secondhand material which is hidden or concealed by fabric or any other covering, unless such article is plainly labeled as provided in this law, and prescribed by the department.

No person shall, at wholesale or retail or otherwise, directly or indirectly, sell or have in his possession with intent to sell any filling material or other component parts to be used or which can be used in upholstered furniture, bedding or stuffed toys, unless such material is plainly labeled with a tag or other marking as provided in this law and prescribed by the department.

No person shall, directly or indirectly, sell in this commonwealth, at wholesale or retail, any article of upholstered furniture or bedding or any stuffed toy, or any filling material or other component part to be used or which can be used in upholstered furniture, bedding or stuffed toys manufactured out of the commonwealth, unless it is labeled in accordance with the provisions of this law and fully complies with all the requirements of this law.

All labels required by this law shall be securely attached to the article during the process of manufacture at the factory. Such labels shall be fixed in such position that they may be conveniently examined and shall be in accordance with the rules and regulations pertaining to labeling promulgated under authority of this law.

For the purposes of this section, possession of any article of bedding or of upholstered furniture or of any filling material not labeled as provided herein, by any person engaged in the business of manufacturing, selling or offering for sale any such article shall be prima facie evidence that such article is being manufactured, repaired, renovated or is offered or exposed for sale in violation of the provisions of this section.

The label shall show or state:

(a) Whether the concealed materials are new or secondhand. If the materials are wholly new, the heading shall read "All New Material". If the materials are in whole or in part secondhand, the heading shall read "Secondhand Material".

(b) An accurate description of the kind of material used for filling including an accurate statement as to the percentage of the components of said filling material in accordance with the regulations of the department. In the case of feathers and mixtures thereof or articles containing such mixtures, the label shall specify the kind of fowl from which the feathers were obtained and the physical condition of such feathers. If an article contains down, the term down may be used without further description if the contents consist wholly of said material. If, however, the article is labeled goose or duck down it shall consist wholly of down derived from said fowl. If the article is labeled as containing a mixture of goose and duck down, the label shall specify the percentage of each. In the case of mattresses, upholstered furniture or stuffed toys containing hair, the label shall specify the animal source of such hair. In all regulations requiring percentages to be specified upon the label, the department may include generally accepted tolerances.

(c) If sterilized, the statement "Contents Sterilized".

(d) The serial number of the manufacturer, assigned by the department.

Every person who repairs or renovates bedding, for any owner or customer or for his own or tenant's use, upon receiving each article for such repair or renovation, shall immediately securely affix a tag of identification showing the owner's or dealer's name, address and date upon which it was received, and when completed, shall attach the "Owner's Material" label prescribed by the department.

The department is hereby authorized to prescribe the wording, form style, size, material, lettering, tolerances, requirements or any changes on labels in order to carry out the provisions of this law.

The department may issue regulations permitting reciprocity of registration or permit numbers with such states having such a requirement.

It shall be a violation of this law to use in the description on any label any false or misleading term or designation, or term or designation likely to mislead.

Every person, except the purchaser for his own use, or an inspector in the performance of his duties under this law, who attempts to remove, or does remove, deface, alter, or causes to be removed, the label or any mark or statement placed upon any upholstered furniture or bedding under the provisions of this law shall be guilty of a violation of this law.

No person shall manufacture for purposes of sale, sell, offer or expose for sale, or have in his possession with intent to sell, any article of bedding, consisting in part of metal which has previously been used, or any upholstered spring bed, box spring, studio couch, davenport, day bed, bed spring, metal bed, metal folding bed, metal couch, metal cradle, metal bassinet or similar article designed for the use of persons when sleeping or reclining, consisting in whole or in part of metal which has previously been used, unless such article is plainly and permanently marked or tagged "Secondhand metal used in this article" and unless, if any such article is enclosed in a bale, box, crate or other receptacle, there shall be plainly marked upon such receptacle, or upon a tag securely attached thereto, a statement that the contents of such receptacle are marked as herein required. In the case of springs which have not previously been used, said springs shall be labeled as "New Material".

Mass. Gen. Laws ch. 94, § 272