4101:6-1-02. Definitions

As used in the rules and regulations of the section of bedding and upholstered furniture inspection, the words, terms, and phrases have the following meanings:

(A) "Department" means the department of commerce.

(B) "Director" means the director of the department of commerce.

(C) "Division" means the division of industrial compliance.

(D) "Person" means an individual, group of individuals, partnership, corporation, or association.

(E) "Bedding" means any upholstered furniture filled with material, any mattress, upholstered spring, comforter, bolster, pad, cushion, pillow, mattress protector, quilt, and any other upholstered articles to be used for sleeping, sitting, resting, or reclining purposes, and any glider, hammock, or other substantially similar article which is wholly or partly upholstered.

(F) "Comforter" or "quilt" means any covering, stuffed or filled, to be used for sleeping, sitting, resting, or reclining purposes.

(G) "Mattress," mattress pad," "mattress protector," or "pad" means any mattress, mattress pad, mattress protector, chair pad, pad, or quilted pad to be used for sleeping, sitting, resting, or reclining purposes.

(H) "Pillow," "bolster," feather bed," "cushion," "sleeping bag," or "upholstered headboard" means any bag, case, or covering that has been stuffed or filled, to be used for sleeping, sitting, resting, or reclining purposes.

(I) "Upholstered spring" means any box spring, hollywood bed, studio couch, sofa bed, or bed davenport, to be used for sleeping, sitting, resting, or reclining purposes.

(J) "Upholstered furniture" means any article of furniture wholly or partly stuffed or filled with material and which is used or intended for use for sitting, resting, or reclining purposes.

(K) "Stuffed toy" means any article that could be used by children, as a plaything, which is wholly or partly stuffed with material.

(L) "Material" means any article, substance, or portions thereof used in the manufacture, repair, or renovation of bedding or stuffed toys.

(M) "Plaything" means any manufactured item for the educational or recreational use of children, or the equivalent thereof.

(N) "New material" means any material which has not been used in the manufacture of another article, or used for any other purpose, and includes by-products of machines at mills using only new raw material.

(O) "Secondhand material" means any material which is not "new".

(P) "Shredded" means material that has been cut up, torn up, broken up, or ground up.

(Q) "Secondhand articles of bedding" means any article of bedding which has been put to bodily use by, on, or about any person or animal and is sold or offered for sale "as is."

(R) "Secondhand upholstered furniture" means any article of upholstered furniture which has been put to bodily use by, on, or about any person or animal and is sold or offered for sale "as is."

(S) "Remade, repaired, or renovated articles of bedding not for sale" means any article that is remade, repaired, or renovated for and is returned to the owner for his own use.

(T) "Sale," "sell," "sold," or "lease" shall, in the corresponding tense, mean sell, offer to sell, or deliver or consign in sale, or possess with intent to sell, or deliver in sale.

(U) "Label" means any tag or label used for identification of an article of bedding, upholstered furniture or stuffed toy.

Five Year Review (FYR) Dates: 04/17/2015 and 04/17/2020
Promulgated Under: 119.03
Statutory Authority: 3713.04
Rule Amplifies: 3713
Prior Effective Dates: 3-1-76; 9-7-98

Prior History: (Eff 3-1-76; 9-7-98
Rule promulgated under: RC 119.03
Rule authorized by: RC 3713.04
Rule amplifies: RC Chapter 3713.
119.032 rule review date: 08/1/98, 9/7/03 )