SECTION 205.2. Definitions

(a) The following words and terms, when used in this chapter, shall have the following meanings unless the context otherwise specifically requires.

(1) Act--Texas Bedding Act, Health and Safety Code, Chapter 345.

(2) Authorized agent--An employee of the department who is designated by the commissioner of health to enforce the provisions of the Act.

(3) Bedding--A mattress, mattress pad, mattress protector, box spring, sofa bed studio couch, chair bed, convertible bed, convertible lounge, pillow, bolster, quilt, quilted spread, comforter, cot pad, sleeping bag, lounge chair pad, utility or all-purpose pad, crib pad, playpen pad, crib bumper pad, car bed pad, infant carrier pad, convertible stroller pad, bassinet pad, bed rest and lounge-type cushion, or a stuffed or filled article that can be used by a human for sleeping or reclining.

(4) Commissioner--The Commissioner of State Health Services.

(5) Department--The Department of State Health Services.

(6) Detained or embargoed bedding--Bedding that has been detained or embargoed under the Act.

(7) Distributor--A person located in this state who on his own account sells or distributes in this state bedding, or filling material to be used in bedding. The term does not include an affiliate or subsidiary if the ownership and the name of the affiliate or subsidiary are the same as the manufacturer, and the affiliate or subsidiary is the exclusive sales outlet for the manufacturer.

(8) Filling materials--Materials used as filling in the manufacture, repair, or renovation of bedding and shall include materials used as filling in quilted borders and quilted ticking. Stiffening materials such as fiberboard, corrugated fiberboard, paper, etc., shall be considered to be filling material.

(9) Germicidal Treatment Operator--A person who sanitizes used bedding articles or filling materials by a method or process that has been approved by the department.

(10) Importer--A person who on his own account sells or distributes in this state bedding, or filling material to be used in bedding that was manufactured or processed in a country other than the United States. The term does not include an affiliate or subsidiary if the ownership and name of the affiliate or subsidiary are the same as the manufacturer, and the affiliate or subsidiary is the exclusive sales outlet for the manufacturer.

(11) Label, law label, labeled, tag and tagged--May be used interchangeably and means any label or tag required to be on or affixed to finished bedding products and processed filling material and on which the information required is to appear.

(12) Manufacturer--A person whose principal business is the manufacture of bedding from new materials for the purpose of resale in this state by a distributor, wholesaler, importer, or retail outlet or subsidiary outlet if the ownership and name are the same as the manufacturer, or if it is an exclusive sales outlet for the manufacturer, or both.

(13) Material--An article, substance, or part of an article or substance, used in the manufacture, repair, or renovation of bedding.

(14) New--Bedding or filling material that has had no previous use for any purpose.

(15) Pillows and cushions--Any bag, case, or covering which has been stuffed or filled and which is not an integral part of another item of bedding or furniture but which can be used by human beings for sleeping, resting, or reclining purposes. The terms do not apply to pillows or cushions which do not exceed 10 inches in their greatest dimension or have permanently affixed figurines, statuettes, dolls, etc.

(16) Processed filling material--Felt, batting, pad, foam product, quilted product, or any other filling material which has been prepared, manufactured, or processed into a form in which it can be used in articles of bedding.

(17) Processor--A person who manufacturers or processes, and sells in this state or for delivery in this state any filling materials, including felt, batting, pads, or foam, to be used or that could be used in bedding, other than frames or metal springs.

(18) Recycled material--Material that:

(A) is composed of recyclable material or that is derived from post consumer waste; and

(B) may be used in place of raw or virgin filling material in manufacturing, repairing, or renovating bedding.

(19) Renovate--To restore to a former condition or to place in a good state of repair.

(20) Secondhand--Bedding or filling material with previous use in any manner.

(21) Sell--Offer, or expose for sale, include in a sale, barter, trade, deliver, consign, lease, possess with intent to sell or dispose of in any commercial manner. For purposes of these sections, lease shall also include the term "rent" when used for commercial purposes.

(22) Wholesaler--A person located outside this state who on his own account sells, distributes, or jobs into this state to another for the purpose of resale bedding or filling material to be used in bedding. This does not include an affiliate or subsidiary if the ownership and the name of the affiliate or subsidiary are the same as the manufacturer, and the affiliate or subsidiary is the exclusive sales outlet for the manufacturer.

(b) Other definitions are listed in §205.5 and §205.6 of this title (relating to Definitions and Designations of Filling Materials and Adjunctive Terms) rather than in this section because the definitions are a necessary part of those sections.

Source Note: The provisions of this §205.2 adopted to be effective October 16, 1986, 11 TexReg 4156; amended to be effective October 3, 1999, 24 TexReg 8181; amended to be effective January 1, 2005, 29 TexReg 11976