SECTION 205.11. Permit Requirements; Types; Application; Conditions; Suspension

(a) General requirements.

(1) A person may not manufacture, import, wholesale, distribute, or engage in the business of renovating or selling bedding in this state or for delivery in this state unless the person first obtains a permit for that specific purpose from the department. This requirement does not apply to a custom upholstery business that does not repair or renovate bedding for resale.

(2) A processor may not sell filling material in this state or for delivery in this state unless the person first obtains a permit for that purpose from the department.

(3) A person may not apply a germicidal treatment method to bedding unless the method has been registered with and approved in writing by the department and the person has been issued a germicidal treatment permit by the department.

(4) These permit requirements apply to each separate business location regardless of business name or ownership.

(5) Prior to January 1, 2005, the term of all licenses is one-year and expires on the anniversary of the effective date, unless renewed. Effective January 1, 2005, the term of all licenses is two years. Some licenses will be renewed for a one-year term in 2005, in a manner to be determined by the department and two years thereafter. The department may prorate permit fees as appropriate to provide for a common expiration date for persons holding and/or applying for more than one permit.

(6) Texas Online Fees. The department is authorized to collect subscription and convenience fees, in amounts determined by the Texas Online Authority, to recover costs associated with processing license applications specified under this subchapter through Texas Online, in accordance with the Texas Government Code, Chapter 2054, §2054.111 (relating to Use of Texas Online Project).

(b) Types of permit and permit fees.

(1) Mattress Manufacturer Permit. Required of all manufacturers of mattresses or box springs prior to shipping mattresses and/or box springs into or within this state for the purpose of resale. Permit fees are graduated based on the number of articles the manufacturer is requesting authorization to ship during the term of the permit. The fees are set out as follows:

(A) for less than 2,000 articles per term, a two-year term is $220;

(B) 2,000 to 9,999 articles per term, a two-year term is $330;

(C) 10,000 to 19,999 articles per term, a two-year term is $440;

(D) 20,000 to 29,999 articles per term, a two-year term is $660;

(E) 30,000 to 49,999 articles per term, a two-year term is $880;

(F) 50,000 to 100,000 articles per term, a two-year term is $1,320; and

(G) over 100,000 articles per term, a two-year term is $1,320 plus $.03 for each article.

(2) Mattress Renovator Permit. Required of all renovators of mattresses or box springs prior to shipping mattresses and/or box springs in or within this state for the purpose of resale. Permit fees are graduated based on the number of mattresses or box springs the renovator is requesting authorization to ship during the permit period. The fees are set out in subsection (b)(1) of this section.

(3) Bedding Product Manufacturer Permit. Required of all manufacturers of bedding products, other than mattresses and box springs, prior to shipping such articles in or within this state for the purpose of resale. Permit fees are graduated based on the number of articles the manufacturer is requesting authorization to ship during the term of the permit. The fees are set out as follows:

(A) for less than 1,000 articles per term, a two-year term is $220;

(B) 1,000 to 9,999 articles per term, a two-year term is $275;

(C) 10,000 to 19,999 articles per term, a two-year term is $330;

(D) 20,000 to 29,999 articles per term, a two-year term is $440;

(E) 30,000 to 49,999 articles per term, a two-year term is $550;

(F) 50,000 to 99,999 articles per term, a two-year term is $770;

(G) 100,000 to 200,000 articles per term, a two-year term is $1,320; and

(H) over 200,000 articles per term, a two-year term is $1,320 plus $.01 for each article.

(4) Wholesaler/Distributor Permit. Required of all wholesalers and distributors of bedding articles or filling materials prior to shipping such articles or filling materials into this state for the purpose of resale. Permit fees are graduated based on the number of articles or units of filling materials the wholesaler/distributor is requesting authorization to ship during the permit period. The fees are set out in Schedule B, subsection (b)(3) of this section.

(5) Importer Permit. Required of all importers of bedding articles or filling materials prior to shipping such articles or filling materials into this state for the purpose of resale. Permit fees are graduated based on the number of imported articles or units of filling materials the importer is requesting authorization to ship during the permit period. The fees are set out in Schedule B in subsection (b)(3) of this section.

(6) Processor Permit. Required of all manufacturers and/or processors of bulk filling materials prior to selling and shipping such filling materials into this state. The permit fee is $110 for a two-year term.

(7) Germicidal Treatment Permit. Required of all persons prior to the application of a germicidal treatment process, approved by the department, to articles of bedding and/or filling materials to be shipped into or to be sold in this state. The permit fee is $110 for a two-year term.

(8) Arts and Crafts Permit. Required of all persons who manufacture bedding articles other than mattresses (such as pillows, quilts, comforters), have no paid employees, and manufacture less than 250 articles per year for sale in this state. The permit fee is $55 for a two-year term.

(c) Permit application.

(1) Application for an initial permit or to renew an expiring permit must be made through the department on an approved application form which may be obtained from the Product Safety Program, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756.

(2) A separate application must be completed and submitted for each specific permit applied for at each specific business location or plant location.

(3) The appropriate permit fee, payable to the department, must accompany each application.

(4) Additional information that may be required by the department includes the following:

(A) copy of current permits or licenses issued by another state, or states;

(B) copy of most recent bedding inspection report if the business or plant is located in a city, county, state or country that has bedding laws and regulations and conducts inspections;

(C) copies of bedding article labels proposed for use in this state;

(D) samples of products to be shipped into this state;

(E) confirmation of compliance with applicable federal flammability standards for mattresses and mattress pads or test results from an independent testing facility acceptable to the department;

(F) explanation of the germicidal treatment method to be applied to second-hand articles of bedding; and

(G) any other information that the department may determine is necessary for the protection of the public health and safety.

(d) Permit conditions.

(1) Each person required to obtain a permit shall keep accurate and up-to-date records of all articles of bedding shipped into or within this state and such records shall be made available to authorized representatives of the department when requested. The department may require, at the expense of the person, that an independent audit of the records of the person be conducted with the results of such audit provided to the department and the person.

(2) Each person required to obtain a Germicidal Treatment Permit shall:

(A) conspicuously post the permit on the premises of the person's business near the treatment device; and

(B) keep accurate records in a bound log book describing all bedding articles or materials treated, date of treatment, method of treatment, and the name and address of the owner of each item.

(3) Each person required to obtain a permit shall provide product samples in sufficient numbers to determine compliance with these regulations when requested by the department and shall reimburse retail business establishments for samples of bedding or materials taken by authorized representatives of the department.

(4) Each person required to obtain a permit shall provide test results acceptable to the department confirming compliance with federal flammability standards for mattresses and mattress pads when requested by the department.

(5) Each person required to obtain a permit shall maintain each business location in a sanitary condition that complies with §205.9 of this title.

(6) Each person required to obtain a permit shall allow, during normal business hours, an authorized representative or representatives of the department to conduct an announced or unannounced inspection of their place of business for purposes of determining compliance with the Act and regulations and to take samples of bedding articles or materials for inspection and analysis or to be held as evidence of a violation of these regulations.

(7) Each person required to obtain a permit shall allow an authorized representative or representatives of the department to copy records and take photographs of articles of bedding or materials during inspections.

(e) Permit denial, suspension, revocation.

(1) An application for permit issuance or renewal will be denied by the department if the applicant fails or refuses to provide a complete application, pay the appropriate permit fee, provide requested information or product samples or test results, or if the business location or plant location is not in a sanitary condition in violation of the Act and regulations.

(2) An application for permit issuance or renewal may be denied by the department if the applicant has failed to make acceptable progress implementing corrective actions agreed upon by the applicant and the department to remedy previous violations of the Act or these regulations.

(3) A permit may be suspended or revoked by the department if the permit holder fails to maintain the permitted business location or plant location in a sanitary condition, manufactures or renovates and sells mattresses or mattress pads that do not comply with federal flammability standards, fails to germicidally treat articles of used bedding prior to resale, or commits any other or repeated violations of the Act or these regulations.

Source Note: The provisions of this §205.11 adopted to be effective October 3, 1999, 24 TexReg 8181; amended to be effective January 1, 2005, 29 TexReg 11976; amended to be effective February 1, 2006, 31 TexReg 497