Chapter 768. To regulate the manufacture, renovation, and sale of mattresses in the District of Columbia
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CHAP. 768.— An Act To regulate the manufacture, renovation, and sale of mattresses in the District of Columbia.July 3, 1926.[[S. 3148](/us/bill/69/s/3148).][[Public. No. 489](/us/pl/69/489).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,District of Columbia.Mattresses. That as used in this Act—
(a)Terms defined. “Mattress.” The term “ mattress ” includes any quilt, comfort, pad, pillow, cushion, or bag stuffed with hair, down, feathers, wool, cotton, excelsior, jute, or any other soft material and designed for use for sleeping or reclining purposes.
(b)“Person.” The term “person” means individual, partnership, corporation, or association.
(c)“Commissioners.” The term “ commissioners ” means the Board of Commissioners of the District of Columbia. Sec. 2. Forbidden acts.Sale by manufacturer, etc., with false or without label. That no person in the District of Columbia—
(a)Who is a manufacturer or renovator of, or dealer in, mattresses shall sell, exchange, give away, or offer or have in his possession for sale, exchange, or gift, any mattress which bears any false or misleading label, statement, design, or device, in respect of its material or processes of manufacture or renovation, or which is not labeled as provided in section 3.
(b)Use by renovator, of material of mattress from hospital, etc. Who is a renovator of mattresses shall use in whole or in part, in the renovation of any mattress, material which has formed part of any mattress theretofore used in or about any sanitarium or hospital, or used by any individual having an infectious or contagious disease.
(c)Manufacturer offering as new, nude from secondhand material. Who is a manufacturer of mattresses shall use in whole or in part any secondhand material in the manufacture of mattresses sold, exchanged, or given away, or to be offered for sale, exchange, or gift, as new mattresses.
(d)Selling, etc., mattress made of material from hospitals, etc. Shall knowingly sell, exchange, give away, or offer or have in his possession for sale, exchange, or gift,
(1)any mattress which has been used, or is composed in whole or in part from material which has formed part of any mattress theretofore used in any sanitarium or hospital or by any individual having an infectious Made of secondhand material not sterilized, etc.or contagious disease, or
(2)any mattress which is composed in whole or in part of secondhand material which has not been thoroughly sterilized and disinfected by a process approved by the health officer of the District of Columbia. 839
(e)Who is a manufacturer or renovator of, or a dealer in,Removing label, etc. mattresses, shall remove, conceal, or deface, or cause or permit to be removed, concealed, or defaced, any label placed, in accordance with the provisions of this Act, upon any mattress. Sec. 3. That the label required by section 2 shall consist of a tagTag requirements. which shall be sewed or otherwise securely attached to the mattress. In case the mattress has not been renovated the label shall containNot renovated. in plain, legible print in the English language a statement showing
(a)the name and address of the manufacturer,
(h)a description of the materials used in the manufacture of such mattress, and
(c)whether such materials are in whole or in part second hand. InRenovated. case the mattress has been renovated the label shall contain in such print the word “ Renovated ” and a statement of
(1)the name and address of the renovator, and
(2)a description of the materials used in the renovated mattress. For the purposes of this Act the materials so used shall be described in such manner as the commissioners shall by regulation prescribe. Sec. 4. That no dealers shall be prosecuted under the provisions ofGuaranty from manufacturer to protect dealer. this Act when he can establish a guaranty signed by the manufacturer residing in the United States from whom he purchases mattresses to the effect that the statements contained on the labelsContents of guaranty. attached to such mattresses are true. Such guaranty, to afford protection, shall contain the name and address of the manufacturer making the sale of such mattresses to the dealer, and in such case the manufacturer shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this Act. In case the manufacturer residesProsecution of manufacturer outside the District. outside the District of Columbia it shall be the duty of each district attorney to whom the health officer of the District of Columbia shall report the violation to cause appropriate proceedings to be commenced and prosecuted against the manufacturer without delay in the proper courts of the United States. Sec. 5. That any person violating any provision of section 2 orPunishment for violations. section 7 shall, upon conviction thereof, be punished by a fine of not more than $500, or by imprisonment for not more than six months, or both. All prosecutions under this Act, except as providedProsecutions in police court. in section 4, shall be in the police court of the District of Columbia upon information by the corporation counsel or one of his assistants. Sec. 6. That, except as provided in section 5, the administration ofAdministration by District health officer. this Act shall be in charge of the health officer of the District of Columbia under the supervision of the commissioners. The commissioners are authorized to make such regulations as may be necessary for the efficient administration of this Act. Sec. 7. That it shall be the duty of the health officer of the DistrictInvestigations of supposed violations. of Columbia, whenever he has reason to believe that any provision of this Act is being or has been violated, to cause an investigation to be made. For the purpose of such investigation the health, officer,Authority to enter buildings, etc. or any of his assistants designated by him in writing, shall have authority at all times during the ordinary business hours to enter any building or other place in the District of Columbia where mattresses are manufactured, renovated, or held for sale, exchange, or gift, or delivery in pursuance thereof. No person shall refuse or obstruct such inspection. Evidence obtained by the health officerEvidence to be sent to corporation counsel. or his assistants of any violation of this Act shall be furnished the corporation counsel. Sec. 8. That if on inspection the health officer or his assistantsSeizure and destruction of mattresses violating provisions of Act. find in the District of Columbia any mattress held for sale, exchange, or gift, or delivery in pursuance thereof, which has been used or is composed in whole or in part of materials which have formed part840 of any mattress used in or about any sanitarium or hospital or by any individual having an infectious or contagious disease, or is composed in whole or in part of secondhand material which has not been thoroughly sterilized and disinfected by a process approved by the health officer, or if the health officer or his assistants find in the District of Columbia any such materials held for use in the manufacture or renovation of any mattress, the health officer shall, after first making and filing in the public records of his office a written order stating the reason therefor, thereupon without further notice cause such mattess or material intended to be used in the manufacture of any mattress to be seized, removed, and destroyed by summary action. Sec. 9. Effective in 60 days. That this Act shall take effect sixty days after its enactment. Approved, July 3, 1926.