text:
To assist enforcement of this chapter, each athlete agent, prior to engaging in or carrying on the business of athlete agent, shall file the following information with the Secretary of State, in the form that the Secretary of State shall prescribe, concerning the athlete agent and each individual acting as an athlete agent within a firm, company, or partnership:

(a) The name, residence address, social security number, and driver’s license number.

(b) The street and address number of all locations where the business of the athlete agent is to be conducted.

(c) The name and business address of a designated agent in California for service of process, as required by Section 18897.83.

(d) All businesses or occupations engaged in for the two years immediately preceding the date of filing.

(e) Any convictions for any of the following:

(1) A felony.

(2) A misdemeanor involving a violation of this chapter, or Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of the Labor Code as repealed by Chapter 857 of the Statutes of 1996, or the law of any other state governing athlete agents.

(3) Fraud, theft, embezzlement, fraudulent conversion, or misappropriation of property.

(f) (1) The name of the insurer providing the security required by Section 18897.87, and the amount of that insurance coverage, if the athlete agent provides some or all of that security in the manner required by subdivision (a) of Section 18897.87.

(2) The value and specific location of the security required by Section 18897.87, if the athlete agent provides some or all of that security in the manner required by subdivision (b) of Section 18897.87.

(g) Any appearances before any disciplinary or professional board, association, secretary, committee, or other entity as a result of disciplinary charges or other allegations of misconduct against the athlete agent or individual, and the outcome of those proceedings.

(h) Whether or not any student athlete or any educational institution has been sanctioned, suspended, or declared ineligible to participate in one or more interscholastic or intercollegiate athletic events in any proceeding arising from, or related to, the actions of the athlete agent.

(i) All past and present persons on behalf of whom the athlete agent or individual has acted as an athlete agent.

(j) The names of any players’ associations with whom the athlete agent is registered.

(k) At least three references.

(l) Affidavits or certificate or completion of any and all formal training or practical experience in any of the following specific areas: contracts, contract negotiation, complaint resolution, arbitration, or civil resolution of contract disputes.

(m) The names and residence addresses of all persons financially interested in the operation of the business of the athlete agent, whether as employees, partners, investors, associates, or profit sharers, or in any other manner.

(n) A schedule of fees to be charged and collected in the conduct of the athlete agent business.

history: (History: Added by Stats. 1997, Ch. 809, Sec. 2. Effective January 1, 1998.)

article: 1.5. Public Disclosure

path: 8. SPECIAL BUSINESS REGULATIONS > 2.5. Athlete Agents > 1.5. Public Disclosure


kind: section

code: BPC

text:
(a) Within seven days of the time any information in the filing required by Section 18896 changes, the athlete agent shall file revised information in the form that the Secretary of State shall prescribe.

(b) No revision of a fee schedule filed pursuant to subdivision (n) of Section 18896 shall be effective until it is filed pursuant to this section.

division: 8. SPECIAL BUSINESS REGULATIONS

chapter: 2.5. Athlete Agents

article: 1.5. Public Disclosure


text:
The forms prescribed by the Secretary of State pursuant to Sections 18896 and 18896.2 shall include the following statement:

“Filing of false, misleading, or incomplete statements on this form may subject you to criminal and civil penalties under the Miller-Ayala Athlete Agents Act, Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code.”

article: 1.5. Public Disclosure


text: Sections 18896 and 18896.2 do not require the disclosure of information related solely and exclusively to other businesses of the athlete agent.

article: 1.5. Public Disclosure


text: Upon making first contact, direct or indirect, with a professional athlete, a student athlete, a student athlete’s spouse, parent, foster parent, guardian, sibling, aunt, uncle, grandparent, child, or first cousin, any of the preceding persons for whom a relationship has been established by marriage, or any person residing in the same place as a student athlete, or a representative of any of these persons, an athlete agent, or his or her employee or representative, shall provide that person with a written notification stating: “This athlete agent has current public-disclosure information on file with the California Secretary of State as required by the Miller-Ayala Athlete Agents Act, Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code, which also includes other protections for athletes. Filing of the required information does not imply approval by the California Secretary of State of the competence of the athlete agent.” The notification shall also include specific instructions on how to obtain the public disclosure information from the Secretary of State.

article: 1.5. Public Disclosure


text:
(a) An athlete agent shall pay filing fees in an amount established pursuant to subdivision (b) of Section 12195 of the Government Code upon making the filings required by Sections 18896 and 18896.2.

(b) All fees collected by the Secretary of State under this chapter shall be paid into the State Treasury and credited to the Business Fees Fund of the Secretary of State.

history: (History: Amended by Stats. 1999, Ch. 1000, Sec. 8.5. Effective January 1, 2000.)

article: 1.5. Public Disclosure


text: Every agent contract shall be in writing and shall include a description of the types of services to be performed and a schedule of the fees to be charged under the contract.

history: (History: Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997.)

path: 8. SPECIAL BUSINESS REGULATIONS > 2.5. Athlete Agents > 2. Professional Athletes and Athlete Agents


text: The following shall be printed on the first page of every agent contract in boldface type at least two points larger than any other type on the page: “This athlete agent has current public disclosure information on file with the California Secretary of State as required by the Miller-Ayala Athlete Agents Act, Chapter 2.5 (commencing with Section 18895) of Division 8 of the Business and Professions Code, which also includes other protections for athletes. Filing of the required information does not imply approval by the California Secretary of State of the terms and conditions of this agent contract or the competence of the athlete agent.”

history: (History: Added by Stats. 1997, Ch. 809, Sec. 3. Effective January 1, 1998.)

article: 2. Professional Athletes and Athlete Agents


text: A trust fund shall be established when an athlete agent is the recipient of the athlete’s salary. An athlete agent who receives any payment on behalf of the athlete shall immediately deposit the payment in a trust fund account maintained by the athlete agent in a state or federally chartered financial institution.


text: If an athlete agent or athlete agent’s representative or employee provides financial services to a professional athlete or student athlete or advises the athlete concerning investment of funds, the athlete agent shall disclose to the athlete any ownership interest the athlete agent, representative or employee has in any entity regarding which the athlete agent, representative or employee is providing financial services or giving advice, and any commission the athlete agent, representative or employee will receive from the athlete’s investment.


text: All forms of advertising used by an athlete agent shall include the name and business address of the athlete agent.


text: No athlete agent shall negotiate or enter into any postdated agent contract, endorsement contract or professional sports services contract or any agent contract, endorsement contract or professional sports services contract that purports to or takes effect at a future time.


text: No athlete agent or athlete agent’s representative or employee shall, directly or indirectly, offer or provide money or any other thing of benefit or value to a student athlete, unless it is authorized by, and is in compliance with, an official written policy of the elementary or secondary school, college, university, or other educational institution of the student athlete and the terms of the contract comply with the bylaws of the National Collegiate Athletic Association.

history: (History: Amended by Stats. 2019, Ch. 222, Sec. 3. (AB 1518) Effective January 1, 2020.)

path: 8. SPECIAL BUSINESS REGULATIONS > 2.5. Athlete Agents > 3. Student Athletes and Educational Institutions


text: An athlete agent and a student athlete who enter into an agent contract, endorsement contract or professional sports services contract shall provide written notice of the contract to the principal, president, or other chief administrator of the elementary or secondary school, college, university or other educational institution to which the student athlete has been admitted or is enrolled. The athlete agent shall provide the notice in writing within 48 hours of entering into the contract. The student athlete shall provide the notice before the student athlete practices for or participates in any interscholastic or intercollegiate sports event or within 72 hours after entering into the contract, whichever occurs first.

article: 3. Student Athletes and Educational Institutions


text:
(a) Any professional athlete, or any student athlete, or any elementary or secondary school, college, university, or other educational institution, or any league, conference, association, or federation of the preceding educational institutions, or any other person may bring a civil action for recovery of damages from an athlete agent, if that professional athlete, that student athlete, that institution, any member of that league, conference, association, or federation, or that other person is adversely affected by the acts of the athlete agent or of the athlete agent’s representative or employee in violation of this chapter. A student athlete is presumed to be adversely affected by the acts of an athlete agent, representative or employee in violation of this chapter if, because of those acts, the student athlete is suspended or disqualified from participation in one or more interscholastic or intercollegiate sports events by or pursuant to the rules of a state or national federation or association for the promotion and regulation of interscholastic or intercollegiate sports, or suffers financial damage, or suffers both suspension or disqualification and financial damage. An educational institution is presumed to be adversely affected by the acts of an athlete agent or of an athlete agent’s representative or employee in violation of this chapter if, because of those acts, the educational institution, or one or more student athletes admitted to or enrolled in the educational institution, is suspended or disqualified from participation in one or more interscholastic or intercollegiate athletic events by or pursuant to the rules of a state or national federation or association for the promotion and regulation of interscholastic or intercollegiate sports, or suffers financial damage, or suffers both suspension or disqualification and financial damage.

(b) A plaintiff that prevails in a civil action brought under this section may recover actual damages, or fifty thousand dollars ($50,000), whichever is higher; punitive damages; court costs; and reasonable attorney’s fees. An athlete agent found liable under this section also shall forfeit any right of repayment for anything of benefit or value provided to a student athlete, and shall refund any consideration paid to that athlete agent by or on behalf of the student athlete.

(c) It is the intent of the Legislature in enacting this section to encourage enforcement of this chapter through private civil actions.

history: (History: Added by Stats. 1996, Ch. 858, Sec. 3. Effective January 1, 1997.)

article: 4. Enforcement

path: 8. SPECIAL BUSINESS REGULATIONS > 2.5. Athlete Agents > 4. Enforcement


text: Any agent contract that is negotiated by an athlete agent who fails to comply with this chapter, or, prior to July 1, 1997, Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of the Labor Code, as amended and repealed by the bill that enacted this section at the 1995–96 Regular Session of the Legislature, is void and unenforceable.

history: (History: Added by Stats. 1996, Ch. 857, Sec. 2. Effective January 1, 1997. See prevailing Section 18897.9 added by Stats. 1996, Ch. 858.)

article: 4. Enforcement


text:
(a) Any agent contract that is negotiated by an athlete agent who fails to comply with this chapter, or has failed to comply with Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of the Labor Code, as repealed by Assembly Bill 1987 of the 1995–96 Regular Session, is void and unenforceable.

(b) No person shall owe an athlete agent any money or other consideration pursuant to an endorsement contract, financial services contract, or professional sports services contract negotiated by the athlete agent if the athlete agent fails to comply with this chapter, or has failed to comply with Chapter 1 (commencing with Section 1500) of Part 6 of Division 2 of the Labor Code, as repealed by Assembly Bill 1987 of the 1995–96 Regular Session. The athlete agent shall refund any money or other consideration paid pursuant to that contract.

history: (History: Added by Stats. 1996, Ch. 858, Sec. 4. Effective January 1, 1997.)

article: 4. Enforcement


text:
(a) Every athlete agent shall maintain records which include the following information:

(1) The name and address of each person employing the athlete agent.

(2) The amount of fee received from that person.

(b) No athlete agent or athlete agent’s representative or employee shall make any false entry in the records. All records required by this section shall be kept for at least seven years.

(c) This section does not apply to any business of the athlete agent other than the athlete agent business.


text: No athlete agent shall have an ownership or financial interest in any entity that directly employs athletes in the same sport as a person with whom the athlete agent has entered into an agent contract, or for whom the athlete agent is attempting to negotiate an endorsement contract, financial services contract, or professional sports service contract, or for whom the athlete agent provides advice concerning potential or actual employment as a professional athlete.

history: (History: Amended (as added by Stats. 1996, Ch. 858, Sec. 2) by Stats. 2011, Ch. 63, Sec. 2. (SB 101) Effective January 1, 2012.)


text: No athlete agent shall knowingly enter into a contract containing any term or condition that, if complied with, would be in violation of law, or attempt to fill an order for help to be employed in violation of the law.


text: No athlete agent or athlete agent’s representative or employee shall publish or cause to be published any false, fraudulent, or misleading information, representation, notice, or advertisement. No athlete agent or athlete agent’s representative or employee shall give any false information or make any false promises or representations concerning any employment to any person.


text: No athlete agent shall knowingly secure employment for persons in any place where a strike, lockout, or other labor trouble exists, without notifying the person of those conditions.


text: No athlete agent shall divide fees with or receive compensation from a professional sports league, team, or other organization or its representatives or employees, if the fees or compensation are directly related to on-field activities of athletes or other representation of the league, team, or organization as it directly relates to the employment of athletes. In addition, no athlete agent shall offer or allow any full-time employee of a union or players’ association connected with professional sports to own or participate in any of the revenues of the athlete agent.

history: (History: Amended by Stats. 2011, Ch. 63, Sec. 3. (SB 101) Effective January 1, 2012.)


text:
(a) Except as otherwise provided in this section, no athlete agent or athlete agent’s representative or employee may make or continue any contact, whether in person, in writing, electronically, or in any other manner, with any student athlete, or any student athlete’s spouse, parent, foster parent, guardian, grandparent, child, sibling, aunt, uncle, or first cousin, or any of the preceding persons for whom the relationship has been established by marriage, or any person who resides in the same place as the student athlete, or any representative of any of these persons.

(b) An athlete agent or athlete agent’s representative or employee may send a student athlete, or any of the other persons described in subdivision (a), written materials, provided that the athlete agent previously has sent, or simultaneously sends, an identical copy of the materials to the principal, president, or other chief administrator of the elementary or secondary school, college, university, or other educational institution to which the student athlete has been admitted or in which the student athlete is enrolled.

(c) If a student athlete, or any of the other persons described in subdivision (a), initiates contact with an athlete agent or athlete agent’s representative or employee, the athlete agent, representative or employee may continue the contact and make new contacts with that person. No later than the first regular business day after that person first initiates contact, the athlete agent shall notify in writing the principal, president, or other chief administrator of the elementary or secondary school, college, university, or other educational institution to which the student athlete has been admitted or in which the student athlete is enrolled, of that contact. The notification shall describe the nature of the contact.

(d) Any written material described in subdivision (b) and any notification required by subdivision (c), shall include the notification required by Section 18896.6.

(e) This section does not apply to any contact between an athlete agent or athlete agent’s representative or employee and a student athlete or any of the other persons described in subdivision (a), if and solely to the extent that the contact is initiated by an elementary or secondary school, college, university, or other educational institution to which the student athlete has been admitted or in which the student athlete is enrolled.

history: (History: Amended by Stats. 1997, Ch. 809, Sec. 4. Effective January 1, 1998.)


text: No athlete agent or athlete agent’s representative or employee shall offer or provide money or anything of benefit or value, including, but not limited to, free or reduced price legal services, to any elementary or secondary school, college, university, or other educational institution, or any representative or employee of any such educational institution in return for the referral of any clients or initiation of any contact described in subdivision (d) of Section 18897.63.


text:
(a) Every agent contract, endorsement contract, or professional sports services contract entered into by a student athlete shall contain, in close proximity to the signature of the student athlete, a notice in at least 10-point boldface type stating:

“WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS CONTRACT, YOU LIKELY WILL IMMEDIATELY AND PERMANENTLY LOSE YOUR ELIGIBILITY TO COMPETE IN INTERSCHOLASTIC OR INTERCOLLEGIATE SPORTS. YOU MUST GIVE THE PRINCIPAL, PRESIDENT, OR OTHER CHIEF ADMINISTRATOR OF YOUR EDUCATIONAL INSTITUTION WRITTEN NOTICE THAT YOU HAVE ENTERED INTO THIS CONTRACT WITHIN 72 HOURS, OR BEFORE YOU PRACTICE FOR OR PARTICIPATE IN ANY INTERSCHOLASTIC OR INTERCOLLEGIATE SPORTS EVENT, WHICHEVER OCCURS FIRST. DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED IN ANY BLANK SPACES. YOU MAY CANCEL THIS CONTRACT BY NOTIFYING THE ATHLETE AGENT, OR OTHER PARTY TO THIS CONTRACT, IN WRITING OF YOUR DESIRE TO CANCEL NOT LATER THAN THE 15TH DAY AFTER THE DATE YOU SIGN THIS CONTRACT. HOWEVER, EVEN IF YOU CANCEL THIS CONTRACT, THE FEDERATION OR ASSOCIATION TO WHICH YOUR EDUCATIONAL INSTITUTION BELONGS MAY NOT RESTORE YOUR ELIGIBILITY.”

(b) This section shall not apply to a contract described in subdivision (a) that meets all of the following requirements:

(1) The contract is authorized by, and is in compliance with, an official written policy of an elementary or secondary school, college, university, or other educational institution of the student athlete.

(2) The terms of the contract comply with the bylaws of the National Collegiate Athletic Association.

(3) The contract terminates if the student chooses to not seek employment with a professional sports team or organization as a professional athlete and instead returns to school.

(c) This section does not preclude an educational institution from adopting and enforcing stricter policies, rules, or regulations addressing athlete agent solicitations or athlete agent interactions with student athletes attending their institution.

history: (History: Amended by Stats. 2019, Ch. 222, Sec. 4. (AB 1518) Effective January 1, 2020.)


text:
(a) An athlete agent who provides money or any other thing of value to a student athlete as authorized by this article shall file an itemized report of those payments with the athletic director, or their designee, of the student athlete’s educational institution or the educational institution where the student athlete intends to enroll. The report shall be submitted by the fifth day of the month following the month the athlete agent provided the payments. The reporting of payments shall be in the format required by the educational institution.

(b) This section does not preclude an educational institution from adopting and enforcing stricter policies, rules, or regulations addressing athlete agent solicitations or athlete agent interactions with student athletes attending their institution.

history: (History: Added by Stats. 2019, Ch. 222, Sec. 5. (AB 1518) Effective January 1, 2020.)


text: Within 15 days after the date a student athlete enters into an agent contract, endorsement contract or professional sports services contract, the student athlete may rescind the contract by giving written notice to the athlete agent, or other party to the contract, of the student athlete’s desire to cancel the contract. The student athlete may not under any circumstances waive the right under this section to rescind the contract.


text: Every athlete agent shall maintain an agent for service of process in California.

article: 4. Enforcement


text:
Every athlete agent shall provide security for claims against the athlete agent or the athlete agent’s representatives or employees based upon acts, errors, or omissions arising out of the business of the athlete agent through either one or an aggregate of both of the following:

(a) A policy or policies of insurance against liability imposed on or against the agent by law for damages arising out of claims in an amount for each claim of at least one hundred thousand dollars ($100,000).

(b) In trust or bank escrow, cash, bank certificates of deposit, United States Treasury obligations, bank letters of credit, or bonds of insurance companies as security for payment of liabilities imposed by law for damages arising out of all claims in an amount of at least one hundred thousand dollars ($100,000).

history: (History: Amended by Stats. 1997, Ch. 809, Sec. 5. Effective January 1, 1998.)

article: 4. Enforcement


text:
(a) An athlete agent or athlete agent’s representative or employee who violates any provision of this chapter is guilty of a misdemeanor, and shall be punished by a fine of not more than fifty thousand dollars ($50,000), or imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

(b) The court shall suspend for a period of not less than one year or, where appropriate, revoke the privilege of any person convicted of a violation of this chapter to conduct the business of an athlete agent. In deciding whether to suspend or revoke the privilege to conduct the business of an athlete agent, the court shall consider any one or more of the relevant circumstances presented by any of the parties to the case, including, but not limited to, the nature and seriousness of the misconduct, the number of violations, the persistence of the misconduct, the length of time over which the misconduct occurred, and the willfulness of the defendant’s misconduct.

(c) (1) Upon conviction of any provision of Article 3 (commencing with Section 18897.6), the court shall, in addition to any punishment imposed under subdivision (a), order an athlete agent or athlete agent’s representative or employee to disgorge all consideration received in connection with the violation.

(2) (A) If an action under this section is brought by the Attorney General, the moneys collected shall be paid to the General Fund.

(B) If the action is brought by a district attorney, two-thirds of the moneys collected shall be paid to the treasurer of the county in which the judgment was entered and one-third shall be paid to the General Fund.

(C) If the action is brought by a prosecuting city attorney, two-thirds of the moneys collected shall be paid to the treasurer of the city in which the judgment was entered and one-third shall be paid to the General Fund.

history: (History: Amended by Stats. 2011, Ch. 146, Sec. 1. (SB 238) Effective January 1, 2012.)

article: 4. Enforcement


text: The Secretary of State may, in accordance with Chapter 3.5 (commencing with Section 11430) of Part 1 of Division 3 of Title 2 of the Government Code, adopt, amend, and repeal rules and regulations reasonably necessary for the purpose of administering this chapter and consistent with this chapter.

history: (History: Added by Stats. 1997, Ch. 809, Sec. 6. Effective January 1, 1998.)

article: 4. Enforcement


text:
(a) (1) Commencing January 1, 2016, a community youth athletic program shall provide written notice to the parent or guardian of any youth participating in the program regarding the program’s policies relating to whether the program obtains criminal background checks for hired or volunteer coaches or both.

(2) If criminal background checks are obtained for hired or volunteer coaches, the written notice shall also contain both of the following:

(A) A statement regarding whether the criminal background check includes state and federal criminal history information and whether the program obtains subsequent arrest notification for those individuals.

(B) Contact information regarding where the parent or guardian of a child participating in a community youth athletic program can obtain additional information about the program’s background check policy, such as the entity providing the criminal background check obtained by the community youth athletic program or the nature of the type of offenses the program looks for.

(b) As used in this section, a “community youth athletic program” means an organization that meets both of the following requirements:

(1) Its primary purpose is the promotion or provision of athletic activities for youth under 18 years of age.

(2) It has adult employees who have supervisory or disciplinary power over a child or children.

(c) As used in this section, “written notice” may include posting on the community youth athletic program’s Internet Web site.

(d) Nothing in subdivision (a) shall require or authorize a community youth athletic program to disclose confidential criminal history information in violation of Article 3 (commencing with Section 11100) of Chapter 1 of Title 1 of Part 4 of the Penal Code.

history: (History: Added by Stats. 2014, Ch. 151, Sec. 1. (AB 230) Effective January 1, 2015.)

chapter: 2.7. Community Youth Athletic Programs

path: 8. SPECIAL BUSINESS REGULATIONS > 2.7. Community Youth Athletic Programs


text:
(a) (1) A business that provides services to minors shall provide written notice to the parent or guardian of any minor receiving those services regarding the business’s policies relating to obtaining criminal background checks for its employees.

(2) If criminal background checks are obtained for employees, the written notice described in paragraph (1) shall also contain a statement regarding whether the criminal background check includes state and federal criminal history information and the nature of the types of offenses the business looks to identify.

(b) (1) As used in this section, a “business that provides services to minors” means a business that meets both of the following requirements:

(A) Its primary purpose is the providing of an extracurricular service or program of instruction, including, but not limited to, academic tutors and instructors, for youth under 18 years of age.

(B) It has adult employees who have supervisory or disciplinary power over a child or children.

(2) A “business that provides services to minors” shall not include a licensed child day care facility as defined in Section 1596.750 of the Health and Safety Code or a day care center as defined in Section 1596.76 of the Health and Safety Code, or any medical treatment facility or hospital.

(c) As used in this section, “written notice” may include a posting on the business’s Internet Web site.

(d) Nothing in subdivision (a) shall require or authorize a business subject to these provisions to disclose confidential criminal history information in violation of Article 3 (commencing with Section 11100) of Chapter 1 of Title 1 of Part 4 of the Penal Code.

(e) Compliance with this section shall not be deemed a violation of Section 432.7 of the Labor Code.

history: (History: Added by Stats. 2014, Ch. 159, Sec. 1. (AB 1852) Effective January 1, 2015.)

path: 8. SPECIAL BUSINESS REGULATIONS > 2.8. Businesses Providing Services to Minors


text:
(a) An administrator, employee, or regular volunteer of a youth service organization shall complete training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirements may be met by completing the online mandated reporter training provided by the Office of Child Abuse Prevention in the State Department of Social Services.

(b) (1) An administrator, employee, or regular volunteer of a youth service organization shall undergo a background check pursuant to Section 11105.3 of the Penal Code to identify and exclude any persons with a history of child abuse.

(2) Until January 1, 2024, paragraph (1) shall not apply to a youth service organization that, prior to January 1, 2022, did not require administrators, employees, or regular volunteers to undergo background checks pursuant to Section 11105.3 of the Penal Code.

(c) A youth service organization shall develop and implement child abuse prevention policies and procedures, including, but not limited to, both of the following:

(1) Policies to ensure reporting of suspected incidents of child abuse to persons or entities outside of the organization, including the reporting required pursuant to Section 11165.9 of the Penal Code.

(2) (A) Policies requiring, to the greatest extent possible, the presence of at least two mandated reporters whenever administrators, employees, or volunteers are in contact with, or supervising, children.

(B) This paragraph shall not apply to an organization that provides one-to-one mentoring to youth that has adopted and implemented the policies described in paragraph (1) and has adopted and implemented policies to ensure comprehensive screening of volunteers, training of volunteers and parents or guardians, and regular contact with volunteers and parents or guardians.

(d) Before writing liability insurance for a youth service organization in this state, an insurer may request information demonstrating compliance with this section from the youth service organization as a part of the insurer’s loss control program.

(e) For purposes of this section:

(1) “Regular volunteer” means a volunteer with the youth service organization who is 18 years of age or older and who has direct contact with, or supervision of, children for more than 16 hours per month or 32 hours per year.

(2) “Youth service organization” means an organization that employs or utilizes the services of persons who, due to their relationship with the organization, are mandated reporters pursuant to paragraph (7) of subdivision (a) of Section 11165.7 of the Penal Code.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 8. (AB 1754) Effective January 1, 2024.)

chapter: 2.9. Youth Service Organizations

path: 8. SPECIAL BUSINESS REGULATIONS > 2.9. Youth Service Organizations


text: This chapter may be cited as the Home Furnishings and Thermal Insulation Act.

history: (History: Amended by Stats. 1987, Ch. 925, Sec. 3. Effective September 22, 1987.)

chapter: 3. Home Furnishings

article: 1. General Provisions

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 1. General Provisions


text: Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter.

history: (History: Added by Stats. 1941, Ch. 46.)

article: 1. General Provisions


text: “Person” includes any individual, partnership, association, firm, auctioneer, trust, limited liability company, and corporation, and the agents, servants, and employees of any of them.

history: (History: Amended by Stats. 2023, Ch. 508, Sec. 32. (SB 814) Effective January 1, 2024.)

article: 1. General Provisions


text: “Sell,” or any of its variants, includes any of, or any combination of, the following: Sell, offer or expose for sale, barter, trade, deliver, give away, rent, consign, lease, possess with an intent to sell or dispose of in any other commercial manner.

article: 1. General Provisions


text:
(a) “Bureau” refers to the Bureau of Household Goods and Services, as established in Section 9810.

(b) “Chief” refers to the chief of the bureau.

(c) “Inspector” refers to an inspector or investigator either employed by, or under contract to, the bureau.

(d) “Director” refers to the Director of Consumer Affairs.

(e) “Department” refers to the Department of Consumer Affairs.

history: (History: Amended by Stats. 2021, Ch. 188, Sec. 16. (SB 826) Effective January 1, 2022.)

article: 1. General Provisions


text: Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

history: (History: Amended by Stats. 2018, Ch. 578, Sec. 28. (SB 1483) Effective January 1, 2019.)

article: 1. General Provisions


text: “Upholstered furniture” means any furniture, including children’s furniture, movable or stationary, which is made or sold with cushions or pillows, loose or attached, or is itself stuffed or filled in whole or in part with any material, is or can be stuffed or filled in whole or in part with any substance or material, hidden or concealed by fabric or any other covering, including cushions or pillows belonging to or forming a part thereof, together with the structural units, the filling material and its container and its covering which can be used as a support for the body of a human being, or his or her limbs and feet when sitting or resting in an upright or reclining position. This does not include furniture used exclusively for the purpose of physical fitness and exercise.

history: (History: Amended by Stats. 1996, Ch. 1137, Sec. 28. Effective January 1, 1997.)

article: 1. General Provisions


text: “Seating furniture,” including children’s furniture, movable or stationary, means any furniture, which is made or sold with or without filling material, together with the structural units, which may be used as a support for the body, limbs, or feet when sitting or resting in an upright or reclining position.

history: (History: Added by Stats. 1993, Ch. 1264, Sec. 76. Effective January 1, 1994.)

article: 1. General Provisions


text: “Bedding” means any quilted pad, packing pad, mattress pad, hammock pad, mattress, comforter, quilt, sleeping bag, box spring, studio couch, pillow or cushion made of leather, cloth or any other material, which is or can be stuffed or filled in whole or in part with any concealed substance or material, which can be used by any human being for sleeping or reclining purposes.

history: (History: Amended by Stats. 1971, Ch. 881.)

article: 1. General Provisions


text: “Filling material” means cotton, wool, kapok, feathers, downs, hair, liquid, or any other material, substance, or any combination thereof, loose or in batting, pads, or any other prefabricated form, concealed or not concealed to be used or that could be used in articles of bedding or upholstered furniture.

article: 1. General Provisions


text: “Secondhand” means any materials or articles used in the construction of bedding or upholstered furniture that have been previously used for any purpose, and shall include “sweepings” which are wastes recovered from gins, furniture and bedding factories, textile plants, or establishments using fibers or other materials. Manufacturing processes shall not be considered previous use, and new materials that are free from dirt or other contamination shall not be classified as sweepings.

history: (History: Amended by Stats. 1997, Ch. 401, Sec. 57. Effective January 1, 1998.)

article: 1. General Provisions


text: “Used” means furniture or bedding that has been previously owned or used by another individual.

history: (History: Amended by Stats. 2007, Ch. 354, Sec. 66. Effective January 1, 2008.)

article: 1. General Provisions


text: “Antique” means furniture having special value because of its age, especially a work of art or handicraft that is over 100 years old.

history: (History: Added by Stats. 1996, Ch. 1137, Sec. 30. Effective January 1, 1997.)

article: 1. General Provisions


text: Any article of upholstered furniture or bedding is secondhand if it contains any secondhand material in whole or in part.

history: (History: Added by Stats. 1949, Ch. 787.)

article: 1. General Provisions


text: Any article of upholstered furniture or bedding on sales floors in a private residence or room, which is not separated from living quarters, is secondhand.

article: 1. General Provisions


text: “Retailer” means a person who sells any article of upholstered furniture or bedding or filling materials to a consumer or user of the article as purchased.

history: (History: Repealed and added by Stats. 1949, Ch. 787.)

article: 1. General Provisions


text: “Bedding renovator” means a person who rebuilds, repairs, makes over, re-covers, restores, renovates or renews bedding.

history: (History: Amended by Stats. 1997, Ch. 401, Sec. 58. Effective January 1, 1998.)

article: 1. General Provisions


text: “Custom upholsterer” means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, re-covers, restores, or renews upholstered furniture, or who makes to order and specification of the user any article of upholstered furniture, using either new materials or owner’s materials.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 36. Effective January 1, 2003.)

article: 1. General Provisions


text: “Wholesaler” means a person who, on his or her own account, sells any article of upholstered furniture or bedding or filling materials to another for the purpose of resale, but shall not include an affiliate or a subsidiary where the ownership and name are identical, and that is the exclusive sales outlet of a manufacturer.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 37. Effective January 1, 2003.)

article: 1. General Provisions


text: “Manufacturer” means a person who, either by himself or herself or through employees or agents, makes any article of upholstered furniture or bedding in whole or in part, or who does the upholstery or covering of any unit thereof, using either new or secondhand material. “Manufacturer” does not, however, include a “custom upholsterer,” as defined in Section 19010.1.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 38. Effective January 1, 2003.)

article: 1. General Provisions


text: “Importer” means a person who manufactures or wholesales, through employees or agents, any article of upholstered furniture, bedding, or filling material manufactured outside of the United States for the purpose of sale or resale in California.

history: (History: Added by Stats. 1996, Ch. 1137, Sec. 31. Effective January 1, 1997.)

article: 1. General Provisions


text: “Supply dealer” means a person who manufactures, processes or sells any felt, batting, pads, woven or plastic fabrics, or loose material in bags or containers, concealed or not concealed, to be used or that could be used in articles of upholstered furniture or bedding.

history: (History: Amended by Stats. 1984, Ch. 369, Sec. 1.)

article: 1. General Provisions


text: “Sanitizer” means a person who sanitizes articles of bedding or filling materials.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 6.)

article: 1. General Provisions


text: “Branch” means any subordinate establishment situated apart from the parent house, maintaining a separate service to the trade.

history: (History: Amended by Stats. 1949, Ch. 787.)

article: 1. General Provisions


text: “Slip seat” means the separate padded seat unit consisting of a plywood or similar base with its filling material and attached cover, which is used on chairs, benches, stools or similar articles, attached with screws or in any other manner.

article: 1. General Provisions


text: “Slip cover” means any casing or cover without filling material which is to be placed, on or over any completely manufactured article of upholstered furniture or bedding, and which is not permanently attached by tacking, sewing, or in any other manner.

article: 1. General Provisions


text: A person engaged exclusively in the manufacture of slip covers shall not be required to have a license under the provisions of this chapter.

article: 1. General Provisions


text: “Owner’s material” means any article or material belonging to a person for his or her own, or tenant’s use, that is sent to any manufacturer, bedding renovator, or custom upholsterer to be repaired or renovated, or used in repairing or renovating.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 39. Effective January 1, 2003.)

article: 1. General Provisions


text: “Approved testing laboratory” means any testing facility which is determined by rule and regulation of the bureau to have adequate personnel, facilities, equipment, and expertise to carry out the testing required by this article. Testing of insulation material by the manufacturer in his or her own approved testing laboratory or in an approved independent testing laboratory under contract to the manufacturer may be utilized in the initial certification process and the continued maintenance of certifications.

history: (History: Added by Stats. 1984, Ch. 1456, Sec. 1.)

article: 1. General Provisions


text: “Insulation material” means any material or combination of materials applied or installed within or contiguous to a roof, wall, ceiling, or floor of a building or structure, or contiguous to the surface of any appliance or its intake or outtake mechanism, for the purpose of reducing heat transfer and thus energy requirements for heating and cooling or reducing adverse temperature fluctuations of the building, room, appliance, or structure.

history: (History: Amended by Stats. 1987, Ch. 925, Sec. 5. Effective September 22, 1987.)

article: 1. General Provisions


text: “R-value” means a measure of thermal resistance of material or composite materials. “R-value” is equal to the reciprocal of the conductance of a given material, orR-value =1conductance of the material where the conductance of the material is: Btu (hour × square foot × Fahrenheit degree average temperature difference between two surfaces).

history: (History: Added by Stats. 1984, Ch. 1456, Sec. 3.)

article: 1. General Provisions


text: “Quality assurance program” means a system of procedures employed at the place of manufacture of insulation material designed to assure that insulation material produced at that place continues to meet the standards established by the bureau pursuant to this chapter. The program shall include, without limitation, regular periodic testing by an approved testing laboratory.

history: (History: Added by Stats. 1984, Ch. 1456, Sec. 4.)

article: 1. General Provisions


text:
(a) An “insulation manufacturer” is any person who produces insulation materials or a combination of materials which, when properly applied or installed without any alteration, dilution, or modification so as to affect the thermal or physical properties, performance, or intended use as supplied by the manufacturer, retards the transfer of heat or cold. “Insulation manufacturer” also includes any person who produces finished products whose function is insulation, including, but not limited to, insulated roof and wall panels, insulation kits, pipe insulation, flexible insulated ducting, spray applied insulation systems, or other similar material.

(b) Anyone who alters, substitutes, or recompounds any insulation product or material shall be considered to be the manufacturer of that particular insulation product.

(c) Any applicator, contractor, or fabricator of insulation materials, who installs, applies, or uses insulation materials for their intended use, without changing the thermal or physical properties of the insulation material, shall not be considered an insulation manufacturer, provided that the manufacturer of the insulation material has been licensed in accordance with this chapter.

(d) As used in subdivision (b), “alteration,” “substitution,” or “recompounding” includes:

(1) The attachment of facings or vapor barriers, including, but not limited to, plastic, metal, felt, paper, or other similar materials.

(2) The compression, expansion, or reshaping of insulation materials.

(3) The addition of, or mixing with, adhesives.

(4) In the case of spray applied or foamed in place insulation, any addition to, substitution of, or deletion from, the chemical system provided by the insulation manufacturers.

(e) This chapter does not apply to the attaching of fiberglass insulation to metal duct work by a licensed contractor using industry-accepted adhesives and metal pins.

history: (History: Amended by Stats. 1988, Ch. 160, Sec. 7.)

article: 1. General Provisions


text: Any reference in California law to the Bureau of Home Furnishings or to the Bureau of Home Furnishings and Thermal Insulation shall be deemed to refer to the Bureau of Household Goods and Services.

history: (History: Amended by Stats. 2018, Ch. 578, Sec. 29. (SB 1483) Effective January 1, 2019.)

article: 2. Administration

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 2. Administration


text: The duty of enforcing and administering this chapter, Chapter 3.1 (commencing with Section 19225), and Chapter 20 (commencing with Section 9800) of Division 3 is vested in the chief who is responsible to the director therefor.

history: (History: Amended by Stats. 2021, Ch. 188, Sec. 17. (SB 826) Effective January 1, 2022.)

article: 2. Administration


text: The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection, investigation, and auditing personnel as well as a deputy chief, as may be necessary to carry out the provisions of this chapter. All such personnel shall perform their respective duties under the supervision and the direction of the chief.

history: (History: Amended by Stats. 2018, Ch. 578, Sec. 30. (SB 1483) Effective January 1, 2019.)

article: 2. Administration


text: Except as qualified by this chapter the chief has all the powers and duties of a head of a department under Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.

article: 2. Administration


text: With the approval of the director, the chief may adopt rules and regulations necessary for the administration of this chapter and declaring the policy of the bureau, and shall determine when any article, not otherwise clearly defined, is “upholstered furniture” or “bedding” or “insulation” under the provisions of this chapter.

history: (History: Amended by Stats. 1987, Ch. 925, Sec. 8. Effective September 22, 1987.)

article: 2. Administration


text: All rules and regulations shall become effective not earlier than 30 days after approval by the director, and upon compliance with the procedure provided in Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 41. Effective January 1, 2003.)

article: 2. Administration


text: It shall be unlawful for any person to engage in a business regulated by this chapter unless, at the time of so doing, he or she holds a valid, unexpired license to engage in that business, in compliance with the provisions of this chapter.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 42. Effective January 1, 2003.)

article: 3. Licensing

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 3. Licensing


text:
To obtain a license authorized by this chapter, an applicant shall submit to the chief an application in writing.

The application shall be made on a form prescribed by the chief and shall be accompanied by the fee fixed by this chapter.

history: (History: Added by Stats. 1972, Ch. 1310.)

article: 3. Licensing


text:
Every upholstered-furniture retailer, unless they hold an importer’s license, a furniture and bedding manufacturer’s license, a wholesale furniture and bedding dealer’s license, a custom upholsterer’s license, or a retail furniture and bedding dealer’s license shall hold a retail furniture dealer’s license.

(a) This section does not apply to a person whose sole business is designing and specifying for interior spaces, and who purchases specific amenable upholstered furniture items on behalf of a client, provided that the furniture is purchased from an appropriately licensed importer, wholesaler, or retailer. This section does not apply to a person who sells “used” and “antique” furniture as defined in Sections 19008.1 and 19008.2.

(b) This section does not apply to a person who is licensed as a home medical device retail facility by the State Department of Public Health, provided that the furniture is purchased from an appropriately licensed importer, wholesaler, or retailer.

history: (History: Amended by Stats. 2021, Ch. 188, Sec. 18. (SB 826) Effective January 1, 2022.)

article: 3. Licensing


text: Every custom upholsterer, unless he or she holds a furniture and bedding manufacturer’s license, shall hold a custom upholsterer’s license.

history: (History: Amended by Stats. 1996, Ch. 1137, Sec. 33. Effective January 1, 1997.)

article: 3. Licensing


text: Every upholstered-furniture wholesaler, bedding wholesaler, and upholstered-furniture and bedding wholesaler, unless he or she holds an importer’s license, shall hold a wholesale furniture and bedding dealer’s license.

history: (History: Amended by Stats. 1996, Ch. 1137, Sec. 34. Effective January 1, 1997.)

article: 3. Licensing


text: Every importer shall hold an importer’s license.

history: (History: Added by Stats. 1996, Ch. 1137, Sec. 35. Effective January 1, 1997.)

article: 3. Licensing


text: Every upholstered-furniture manufacturer, bedding manufacturer, upholstered-furniture and bedding manufacturer, or bedding renovator, unless he or she holds an importer’s license, shall hold a furniture and bedding manufacturer’s license.

history: (History: Amended by Stats. 1996, Ch. 1137, Sec. 36. Effective January 1, 1997.)

article: 3. Licensing


text:
Every bedding retailer, unless they hold an importer’s license, an upholstered-furniture and bedding manufacturer’s license, a wholesale upholstered-furniture and bedding dealer’s license, or a retail furniture and bedding dealer’s license, shall hold a retail bedding dealer’s license.

(a) This section does not apply to a person whose sole business is designing and specifying for interior spaces, and who purchases specific amenable bedding items on behalf of a client, provided that the bedding is purchased from an appropriately licensed importer, wholesaler, or retailer.

(b) This section does not apply to a person who is licensed as a home medical device retail facility by the State Department of Public Health, provided that the bedding is purchased from an appropriately licensed importer, wholesaler, or retailer.

history: (History: Amended by Stats. 2021, Ch. 188, Sec. 19. (SB 826) Effective January 1, 2022.)

article: 3. Licensing


text: Every bedding renovator shall hold an upholstered-furniture and bedding manufacturer’s license.

history: (History: Amended by Stats. 1996, Ch. 1137, Sec. 38. Effective January 1, 1997.)

article: 3. Licensing


text: Every supply dealer, unless he or she holds an upholstered-furniture and bedding manufacturer’s license or an importer’s license, shall hold a supply dealer’s license.

history: (History: Amended by Stats. 1996, Ch. 1137, Sec. 41. Effective January 1, 1997.)

article: 3. Licensing


text: Every sanitizer shall hold a sanitizer’s license unless they are licensed as a home medical device retail facility by the State Department of Public Health or as an upholstered furniture and bedding manufacturer, retail furniture and bedding dealer, retail bedding dealer, or custom upholsterer.

history: (History: Amended by Stats. 2021, Ch. 188, Sec. 20. (SB 826) Effective January 1, 2022.)

article: 3. Licensing


text: Every insulation manufacturer who sells insulation material in California shall hold an insulation manufacturing license issued by the bureau. Manufacturers having more than one manufacturing plant shall hold a single license for all plants under the same ownership producing the same generic type of insulation. The total annual license fee for any insulation manufacturer shall not exceed eight thousand dollars ($8,000).

history: (History: Amended by Stats. 1987, Ch. 925, Sec. 9. Effective September 22, 1987.)

article: 3. Licensing


text: Every person in any class shall obtain a separate license for each branch house; but one whose manufacturing plant is located in another state or foreign country, and who is licensed to manufacture upholstered furniture or bedding or filling materials for sale in California, may have one wholesale outlet operated in the same name in California, covered by the license issued to the factory.

history: (History: Amended by Stats. 1949, Ch. 787.)

article: 3. Licensing


text: Every person who, on his or her own account, sells either directly or indirectly to any person either at wholesale or retail any merchandise subject to this chapter by means of a car, catalog, office, or in any other manner, shall obtain the proper license for each method of sale or distribution.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 44. Effective January 1, 2003.)

article: 3. Licensing


text:
(a) Except as provided in subdivision (b), every person who, on his or her own account, advertises, solicits or contracts to manufacture, repair or renovate upholstered furniture or bedding, and who either does the work himself or herself or has others do it for him or her, shall obtain the particular license required by this chapter for the particular type of work that he or she solicits or advertises that he or she will do, regardless of whether he or she has a shop or factory.

(b) Every person who, on his or her own account, advertises, solicits or contracts to repair or renovate upholstered furniture and who does not do the work himself or herself nor have employees do it for him or her but does have the work done by a licensed custom upholsterer need not obtain a license as a custom upholsterer but shall obtain a license as a retail furniture dealer. However, nothing in this section shall exempt a retail furniture dealer from complying with Sections 19162 and 19163.

history: (History: Amended by Stats. 1996, Ch. 1137, Sec. 42. Effective January 1, 1997.)

article: 3. Licensing


text: Every person doing business at the same address under more than one firm name is subject to the license provisions for each firm name.

history: (History: Added by Stats. 1941, Ch. 46.)

article: 3. Licensing


text:
The chief shall prescribe the procedure relative to:

(a) Assignment or reassignment of serial or registry numbers.

(b) Transfer of licenses between persons, where such transfer is effected through rent, lease or sale of the business.

(c) Change in name, ownership, address, or of license classification.

article: 3. Licensing


text: A license issued by the bureau shall be posted in a conspicuous place in the main office or principal place of business of the licensee.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 45. Effective January 1, 2003.)

article: 3. Licensing


text:
The bureau may refuse to issue any license provided for in this chapter to any individual:

(a) Who has had any license issued to them revoked, or whose license is under suspension, or who has failed to renew their license while it was under suspension.

(b) If any license of a partnership or limited liability company of which they are or were a member, or of a corporation of which they are or were an officer or director, or of a firm or association of which they are or were an officer or of which they are or were acting in a managerial capacity, has had any license issued to it revoked or suspended, and while acting as a member, officer, director, or in a managerial capacity they participated in any of the prohibited acts for which the license was revoked or suspended.

history: (History: Amended by Stats. 2023, Ch. 508, Sec. 33. (SB 814) Effective January 1, 2024.)

article: 3. Licensing


text:
The bureau may refuse to issue any license provided for in this chapter to any partnership, corporation, limited liability company, firm, or association:

(a) Who has had any license issued to it revoked, or whose license is under suspension, or who has failed to renew its license while it was under suspension.

(b) If any member of the partnership, or any officer or director of the corporation, or any officer or person acting in a managerial capacity of the firm or association has had any license issued to them revoked, or whose license is under suspension, or who has failed to renew their license while it was under suspension.

(c) If any member of the limited liability company or of the partnership, or any officer or director of the corporation, or any officer or person acting in a managerial capacity of the firm or association, was either a member of any limited liability company or of any partnership, or an officer or director of any corporation, or an officer or person acting in a managerial capacity of any firm or association, whose license has been revoked, or whose license is under suspension, or who failed to renew a license while it was under suspension, and while acting as a member, officer, director, or person acting in a managerial capacity participated in any of the prohibited acts for which any license was revoked or suspended.

history: (History: Amended by Stats. 2023, Ch. 508, Sec. 34. (SB 814) Effective January 1, 2024.)

article: 3. Licensing


text: This chapter applies to upholstered furniture, bedding and filling materials, and insulation sold in California regardless of its point of origin.

history: (History: Amended by Stats. 1984, Ch. 1456, Sec. 7.)

article: 4. Application of the Chapter

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 4. Application of the Chapter


text: Secondhand bedding, or secondhand filling materials to be used or that could be used in bedding received from outside of this state shall comply with all the sanitization provisions of this chapter before it is accepted, sold or delivered, either directly or indirectly by any person.

history: (History: Amended by Stats. 1996, Ch. 1137, Sec. 43. Effective January 1, 1997.)

article: 4. Application of the Chapter


text: Responsibility for compliance with this chapter rests not only with the manufacturer but also with the importer, wholesaler, retailer, or any person having in his or her possession any article of upholstered furniture or bedding, or filling materials with intent to resell contrary to the provisions of this chapter.

history: (History: Amended by Stats. 1996, Ch. 1137, Sec. 44. Effective January 1, 1997.)

article: 4. Application of the Chapter


text: Importers, wholesalers, and retailers shall not sell or resell in California unlabeled upholstered furniture or bedding. Importers, wholesalers, and retailers shall obtain labels from the manufacturer of those articles and shall affix the labels before offering any upholstered furniture or bedding for sale. This does not include furniture used exclusively for the purpose of physical fitness and exercise.

history: (History: Amended by Stats. 1996, Ch. 1137, Sec. 45. Effective January 1, 1997.)

article: 4. Application of the Chapter


text: The manufacturer of chairs and benches and similar articles, using slip seats that are manufactured by himself or herself or purchased from another, is responsible for the labeling of those articles.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 48. Effective January 1, 2003.)

article: 4. Application of the Chapter


text: Aiding, abetting, or knowingly combining or conspiring with an unlicensed person engaged in a business regulated by this chapter, to evade the provisions of this chapter, or allowing one’s license or registry number to be used by an unlicensed person to evade the provisions of this chapter is grounds for disciplinary action.

history: (History: Added by Stats. 1993, Ch. 1264, Sec. 83. Effective January 1, 1994.)

article: 4. Application of the Chapter


text: This chapter does not apply to upholstered furniture, bedding, or insulation manufactured and sold at wholesale in California for delivery outside the borders of this state.

history: (History: Amended by Stats. 1984, Ch. 1456, Sec. 8.)

article: 4. Application of the Chapter


text: This chapter does not apply to the manufacturer of insulating window or door glass or products containing insulating window or door glass.

history: (History: Added by Stats. 1987, Ch. 925, Sec. 10. Effective September 22, 1987.)

article: 4. Application of the Chapter


text: A person shall not, at wholesale, retail, or otherwise, directly or indirectly, make, rebuild, repair, renovate, process, prepare, sell, offer for sale, display, or deliver any article of upholstered furniture or bedding, or any filling materials in prefabricated form or loose in bags or containers, unless the article or material is plainly and indelibly labeled. This does not include furniture used exclusively for the purpose of physical fitness and exercise.

history: (History: Amended by Stats. 1997, Ch. 401, Sec. 59. Effective January 1, 1998.)

article: 5. Labeling

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 5. Labeling


text: The form and size of labels, the fabric of which they are made and the wording and statements thereon necessary to carry out the provisions of this chapter, shall be approved by the chief.

history: (History: Repealed and added by Stats. 1949, Ch. 787.)

article: 5. Labeling


text: A rubber stamp may be used in lieu of a label, on articles with slip seats having a smooth backing on which the imprint can be legibly and indelibly stamped.

article: 5. Labeling


text: Labels shall be securely attached to the article or filling material at the factory, in a position where they can be conveniently examined.

article: 5. Labeling


text: The information required by this chapter shall be printed on one side of the label only.

article: 5. Labeling


text: Labels shall contain no advertising matter nor anything that detracts, or is likely to detract from the required statements.

article: 5. Labeling


text: No mark, tag, sticker or any other device shall be placed upon labels by any dealer or any other person in such a way as to cover the required statements.

article: 5. Labeling


text: It is unlawful for any person, except the purchaser for his own use, to attempt to, or to remove, deface, alter or cause to be removed, defaced or altered, the label or any mark or statement thereon, placed upon any article of upholstered furniture, bedding, or filling material under the provisions of this chapter.

history: (History: Amended by Stats. 1965, Ch. 1507.)

article: 5. Labeling


text: It is unlawful to use, in the description of filling material, or in the statement on any label, any misleading term or designation or any term or designation likely to mislead.

article: 5. Labeling


text: The bureau may establish grades, specifications and tolerances for the kinds and qualities of materials which are used or intended to be used in the manufacture, repair or renovation of upholstered furniture, bedding or filling materials, and may approve or adopt designations and rules which are not in conflict with any provisions of this chapter, for the labeling of articles filled with these materials.

article: 5. Labeling


text: All bedding with liquid filling material and each component part of such bedding shall be clearly labeled in a manner approved by the chief.

history: (History: Amended by Stats. 1982, Ch. 160, Sec. 1.)

article: 5. Labeling


text: Any upholstered furniture or mattress that is made from or contains nonflame retardant cellular foam shall be labeled in a manner approved by the chief. On and after January 1, 2004, all bedding that is made from or contains nonflame retardant cellular foam shall also be labeled in a manner approved by the chief. Notwithstanding the provisions of this section, no label is required for a product that complies with the regulations required by Section 19161 or with applicable federal flammability regulations.

history: (History: Amended by Stats. 2001, Ch. 199, Sec. 2. Effective January 1, 2002.)

article: 5. Labeling


text: The repairer or renovator of any secondhand upholstered furniture or bedding which is subsequently sold, shall affix the “Secondhand Material” label.

article: 5. Labeling


text: Any person who repairs or renovates upholstered furniture or bedding for the owner for his or her own or a tenant’s use, shall affix the “Owner’s Material” label, which shall be attached to the article before delivery to the owner.

history: (History: Amended by Stats. 2002, Ch. 405, Sec. 49. Effective January 1, 2003.)

article: 5. Labeling


text:
(a) For the purposes of this section, the following definitions shall apply:

(1) “Component” means the separate constituent parts of upholstered furniture sold in California, as identified in Technical Bulletin 117-2013, specifically cover fabrics, barrier materials, resilient filling materials, and decking materials.

(2) “Covered products” means any flexible polyurethane foam or upholstered or reupholstered furniture sold in California that is required to meet the test requirements set forth in Technical Bulletin 117-2013, entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture.”

(3) “Flame-retardant chemical” means any chemical or chemical compound for which a functional use is to resist or inhibit the spread of fire. Flame-retardant chemicals include, but are not limited to, halogenated, phosphorous-based, nitrogen-based, and nanoscale flame retardants, flame-retardant chemicals listed as “designated chemicals” pursuant to Section 105440 of the Health and Safety Code, and any chemical or chemical compound for which “flame retardant” appears on the substance Safety Data Sheet (SDS) pursuant to Section 1910.1200(g) of Title 29 of the Code of Federal Regulations.

(4) “Chemical” means either of the following:

(A) An organic or inorganic substance of a particular molecular identity, including any combination of those substances occurring, in whole or in part, as a result of a chemical reaction or occurring in nature, and any element, ion, or uncombined radical, and any degradate, metabolite, or reaction product of a substance with a particular molecular identity.

(B) A chemical ingredient, which means a substance comprising one or more substances described in subparagraph (A).

(5) “Molecular identity” means the substance’s properties listed below:

(A) Agglomeration state.

(B) Bulk density.

(C) Chemical composition, including surface coating.

(D) Crystal structure.

(E) Dispersibility.

(F) Molecular structure.

(G) Particle density.

(H) Particle size, size distribution, and surface area.

(I) Physical form and shape, at room temperature and pressure.

(J) Physicochemical properties.

(K) Porosity.

(L) Solubility in water and biologically relevant fluids.

(M) Surface charge.

(N) Surface reactivity.

(6) “Added flame-retardant chemicals” means flame-retardant chemicals that are present in any covered product or component thereof at levels above 1,000 parts per million.

(7) “Department” means the Department of Toxic Substances Control.

(8) “Consumer Price Index” means the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics.

(b) (1) A manufacturer of covered products shall indicate whether or not the product contains added flame-retardant chemicals by including the following “flame-retardant chemical statement” on the label described in Section 1374.3 of Title 4 of the California Code of Regulations for covered products: “The upholstery materials in this product:

_____contain added flame-retardant chemicals

_____contain NO added flame-retardant chemicals

The State of California has updated the flammability standard and determined that the fire safety requirements for this product can be met without adding flame-retardant chemicals. The state has identified many flame-retardant chemicals as being known to, or strongly suspected of, adversely impacting human health or development.” A manufacturer of covered products shall indicate the absence or presence of added flame-retardant chemicals by placing an “X” in one of the appropriate blanks.

(2) This statement shall be included in the label described in Section 1374.3 of Title 4 of the California Code of Regulations in accordance with the bureau’s regulations for that label. The statement need not be in all capital letters, and shall follow the statement required by Section 1374.3 of Title 4 of the California Code of Regulations.

(c) (1) The bureau shall ensure compliance with the labeling requirements in this section.

(2) (A) The bureau shall provide the Department of Toxic Substances Control with a selection of samples from covered products marked “contain NO added flame-retardant chemicals” for testing for the presence of added flame-retardant chemicals. The samples shall be from the components identified in paragraph (1) of subdivision (a). The bureau shall select samples based on consultation with the department, taking into account a range of manufacturers and types of covered products. The bureau and the department shall consult on the tests to be conducted by the department. The department shall provide the results of any completed test to the bureau. The bureau shall reimburse the department for the cost of testing for the presence of added flame-retardant chemicals in covered products marked “contain NO added flame-retardant chemicals.”

(B) No later than August 1 of each fiscal year, the bureau shall assess available resources and determine the number of tests to be conducted in the corresponding fiscal year, pursuant to this subparagraph.

(3) (A) If the department’s testing shows that a covered product labeled as “contain NO added flame-retardant chemicals” is mislabeled because it contains added flame-retardant chemicals, the bureau may assess fines for violations against manufacturers of the covered product and component manufacturers to be held jointly and severally liable for the violation.

(B) A fine for a violation of this subparagraph relating to mislabeling shall be assessed in accordance with the factors described in subdivision (d) and the following schedule:

(i) The fine for the first violation shall be not less than one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500).

(ii) The fine for the second violation shall be not less than two thousand five hundred dollars ($2,500) but not more than five thousand dollars ($5,000).

(iii) The fine for the third violation shall be not less than five thousand dollars ($5,000) but not more than seven thousand five hundred dollars ($7,500).

(iv) The fine for any subsequent violation shall be not less than seven thousand five hundred dollars ($7,500) but not more than ten thousand dollars ($10,000).

(C) The fines in paragraph (B) shall replace any other fines in this article for a violation of the testing requirements of this section. This clause does not alter or amend any other penalty otherwise imposed by this article.

(D) If the department’s testing shows that a covered product labeled as “contain NO added flame-retardant chemicals” is mislabeled because it contains added flame-retardant chemicals, in addition to a fine or any other request, the bureau may request that the label required by subdivision (b) for covered products that belong to the same stock keeping unit (SKU) currently produced by the manufacturer be corrected to reflect that flame-retardant chemicals are added to the covered product.

(E) If the department’s testing shows that a covered product labeled as “contain NO added flame-retardant chemicals” is mislabeled because it contains added flame-retardant chemicals, in addition to a fine or any other request, the bureau may request additional testing of more products belonging to the same stock keeping unit (SKU) at the manufacturer’s expense to verify the accuracy of the label required by subdivision (b) for covered products if the manufacturer wishes to retain the “contain NO added flame-retardant chemicals” designation on the label required by subdivision (b).

(d) (1) The bureau shall make information about any citation issued pursuant to this section available to the public on its internet website.

(2) In determining the amount of the fine for violations of this section, the bureau shall consider the following factors:

(A) The nature and severity of the violation.

(B) The good or bad faith of the cited person.

(C) The history of previous violations.

(D) Evidence that the violation was willful.

(E) The extent to which the cited person or entity has cooperated with the bureau.

(3) (A) The bureau shall adjust all minimum and maximum fines imposed by this section for inflation every five years.

(B) The adjustment shall be equivalent to the percentage, if any, that the Consumer Price Index at the time of adjustment exceeds the Consumer Price Index at the time this section goes into effect. Any increase determined under this paragraph shall be rounded as follows:

(i) In multiples of ten dollars ($10) in the case of penalties less than or equal to one hundred dollars ($100).

(ii) In multiples of one hundred dollars ($100) in the case of penalties greater than one hundred dollars ($100) but less than or equal to one thousand dollars ($1,000).

(iii) In multiples of one thousand dollars ($1,000) in the case of penalties greater than one thousand dollars ($1,000).

(4) It shall be the duty of the bureau to receive complaints from consumers concerning covered products sold in California.

(e) The bureau may adopt regulations pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to carry out this section.

history: (History: Amended by Stats. 2025, Ch. 592, Sec. 33. (SB 861) Effective January 1, 2026.)

article: 5. Labeling


text:
For the purposes of this article, the following definitions apply:

(a) “Chemical” has the same meaning as in subdivision (a) of Section 19094.

(b) “Consumer price index” has the same meaning as in subdivision (a) of Section 19094.

(c) (1) “Covered flame retardant chemical” means any chemical that meets both of the following criteria:

(A) A functional use for the chemical is to resist or inhibit the spread of fire or as a synergist to chemicals that resist or inhibit the spread of fire, including, but not limited to, any chemical for which the term “flame retardant” appears on the Occupational Safety and Health Administration substance safety data sheet pursuant to subdivision (g) of Section 1910.1200 of Title 29 of the Code of Federal Regulations as it read on January 1, 2019.

(B) The chemical is one of the following:

(i) A halogenated, organophosphorus, organonitrogen, or nanoscale chemical.

(ii) A chemical defined as a “designated chemical” in Section 105440 of the Health and Safety Code.

(iii) A chemical listed on the Washington State Department of Ecology’s list of Chemicals of High Concern to Children in Section 173-334-130 of Title 173 of the Washington Administrative Code as of January 1, 2019, and identified as a flame retardant or as a synergist to flame retardants in the rationale for inclusion in the list.

(2) As used in this subdivision:

(A) “Halogenated chemical” means any chemical that contains one or more halogen elements, including fluorine, chlorine, bromine, or iodine.

(B) “Organophosphorus chemical” is any chemical that contains one or more carbon elements and one or more phosphorus elements.

(C) “Organonitrogen chemical” is any chemical that contains one or more carbon elements and one or more nitrogen elements.

(d) “Juvenile product” means a product subject to this chapter and designed for residential use by infants and children under 12 years of age, including, but not limited to, a bassinet, booster seat, changing pad, floor playmat, highchair, highchair pad, infant bouncer, infant carrier, infant seat, infant swing, infant walker, nursing pad, nursing pillow, playpen side pad, playard, portable hook-on chair, stroller, and children’s nap mat.

(e) Juvenile products do not include any of the following:

(1) Products that are not primarily intended for use in the home, such as products or components for motor vehicles, watercraft, aircraft, or other vehicles.

(2) Products subject to Part 571 of Title 49 of the Code of Federal Regulations regarding parts and products used in vehicles and aircraft.

(3) Products required to meet state flammability standards in Technical Bulletin 133, entitled “Flammability Test Procedure for Seating Furniture for Use in Public Occupancies.”

(4) Consumer electronic products that do not fall under the bureau’s jurisdiction for flammability standards.

(f) “Mattress” has the same definition as that term is defined in Section 1632.1 of Title 16 of the Code of Federal Regulations.

(g) “Reupholstered furniture” means furniture whose original fabric, padding, decking, barrier material, foam, or other resilient filling has been replaced by a custom upholsterer, that has not been sold since the time of the replacement, and that is required to meet the flammability standards set forth in Technical Bulletin 117-2013 entitled “Requirements, Test Procedure and Apparatus for Testing the Smolder Resistance of Materials Used in Upholstered Furniture.” Reupholstered furniture shall not include products required to meet Technical Bulletin 133.

(h) “Upholstered furniture” has the same meaning as “covered products” does in subdivision (a) of Section 19094.

history: (History: Amended by Stats. 2021, Ch. 188, Sec. 21. (SB 826) Effective January 1, 2022.)

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 5.5. Juvenile Products, Upholstered Furniture, and Mattresses


text:
(a) On or after January 1, 2020, a person, including a manufacturer, shall not sell or distribute in commerce in this state any new, not previously owned juvenile products, mattresses, or upholstered furniture that contains, or a constituent component of which contains, covered flame retardant chemicals at levels above 1,000 parts per million.

(b) On or after January 1, 2020, a custom upholsterer shall not repair, reupholster, recover, restore, or renew upholstered furniture or reupholstered furniture using replacement components that contain covered flame retardant chemicals at levels above 1,000 parts per million.

(c) The prohibitions in subdivisions (a) and (b) do not apply to the following:

(1) Electronic components of juvenile products, mattresses, reupholstered furniture, upholstered furniture, or any associated casing for those electronic components.

(2) Upholstered or reupholstered furniture components other than those identified in paragraph (1) of subdivision (a) of Section 19094.

(3) Thread or fiber when used for stitching mattress components together.

(4) Aramid fiber when used in fabric in the interior of a mattress or in fabric that covers the bottom (nonsleep surface) of a mattress that has a sleeping surface on only one side of the mattress.

(5) Modacrylic fiber without antimony trioxide or other covered flame retardant chemicals.

(6) Until January 1, 2027, components of adult mattresses other than foam. As used in this paragraph, “adult mattresses” means mattresses other than toddler mattresses, crib mattresses, and other infant sleep products.

(d) (1) On or before October 1, 2025, the International Sleep Products Association shall submit to the bureau a quantitative health risk assessment of modacrylic fiber without antimony trioxide that was performed by an independent toxicologist who is board-certified by the American Board of Toxicology.

(2) The bureau shall post the assessment conducted pursuant to subdivision (a) on its internet website.

(e) (1) Notwithstanding subdivisions (b) and (c) of Section 25257.1 of the Health and Safety Code, this section shall not be construed to prohibit or restrict the authority of the Department of Toxic Substances Control to prioritize or take action on any products containing a covered flame retardant chemical in order to limit exposure to or reduce the level of hazard posed by these covered flame retardant chemicals.

(2) If the Department of Toxic Substances Control adopts a regulatory response described in the Safer Consumer Products Program (Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations) governing the use of a flame retardant chemical in a product covered by this section, this section shall not apply to the use of that chemical upon the date that the department posts a notice on its internet website that it has adopted the regulatory response.

history: (History: Amended by Stats. 2023, Ch. 461, Sec. 1. (AB 1059) Effective January 1, 2024.)

article: 5.5. Juvenile Products, Upholstered Furniture, and Mattresses


text:
(a) On and after January 1, 2027, a person, including, but not limited to, a manufacturer, retailer, importer, or online seller, shall not manufacture, sell, offer, or distribute in commerce in this state any new, not previously owned juvenile product, mattress, or upholstered furniture that contains, or a constituent component of which contains, textile fiberglass.

(b) On and after January 1, 2027, a custom upholsterer shall not repair, reupholster, recover, restore, or renew any mattress, juvenile product, upholstered furniture, or reupholstered furniture using a replacement component that contains, or a constituent component of which contains, textile fiberglass.

(c) For purposes of this section, “textile fiberglass” means textile yarns whose composition includes one or more continuous glass filaments in a form suitable for knitting, weaving, or otherwise intertwining to form a textile fabric, but excludes the following:

(1) Thread or fiber when used for stitching mattress components together.

(2) Yarns in which the glass filaments are corespun or sheathed by another fiber.

history: (History: Added by Stats. 2023, Ch. 461, Sec. 2. (AB 1059) Effective January 1, 2024.)


text: The director may adopt regulations and rules necessary or appropriate for the implementation and enforcement of this article.

history: (History: Added by Stats. 2018, Ch. 924, Sec. 2. (AB 2998) Effective January 1, 2019.)


text:
(a) The bureau shall enforce and ensure compliance with Sections 19101 and 19101.5.

(b) (1) The bureau shall provide the Department of Toxic Substances Control with a selection of samples from products regulated under this article to test for compliance with Section 19101. The bureau shall select samples based on consultation with the Department of Toxic Substances Control, taking into account a range of manufacturers and types of products regulated under this article. The bureau shall integrate these testing requirements into the existing testing program described in subdivision (c) of Section 19094.

(2) (A) If the Department of Toxic Substances Control’s testing shows that any reupholstered furniture or new, not previously owned juvenile products, mattresses, or upholstered furniture is in violation of Section 19101, the bureau may assess fines for violations against manufacturers of the product for the violation. The bureau shall reimburse the Department of Toxic Substances Control for the cost of testing for the presence of covered flame retardant chemicals pursuant to this article.

(B) If a person continues to sell or distribute products in commerce in this state belonging to the same stock keeping unit (SKU) as products that do not comply with Sections 19101 and 19101.5, after notice of the violation is posted on the bureau’s internet website, the bureau may assess fines against the person for the continued sale or distribution of those products. The bureau shall make information about any citation issued pursuant to this section available to the public on its internet website, and shall develop a process for keeping interested persons informed about updates to notices of violation posted on the bureau’s internet website.

(c) A fine for a violation of this section shall be assessed in accordance with the following schedule:

(1) The fine for the first violation shall be not less than one thousand dollars ($1,000), but not more than two thousand five hundred dollars ($2,500).

(2) The fine for the second violation shall be not less than two thousand five hundred dollars ($2,500), but not more than five thousand dollars ($5,000).

(3) The fine for the third violation shall be not less than five thousand dollars ($5,000), but not more than seven thousand five hundred dollars ($7,500).

(4) The fine for any subsequent violation shall be not less than seven thousand five hundred dollars ($7,500), but not more than ten thousand dollars ($10,000).

(d) In determining the amount of the fine for a violation of this section, the bureau shall consider the following factors:

(1) The nature and severity of the violation.

(2) The good or bad faith of the cited person.

(3) The history of previous violations.

(4) Evidence that the violation was willful.

(5) The extent to which the cited person or entity has cooperated with the bureau.

(e) (1) The bureau shall adjust all minimum and maximum fines imposed by this section for inflation every five years.

(2) The adjustment shall be equivalent to the percentage, if any, that the Consumer Price Index at the time of adjustment exceeds the Consumer Price Index at the time this section goes into effect. Any increase determined under this paragraph shall be rounded as follows:

(A) In multiples of ten dollars ($10) in the case of penalties less than or equal to one hundred dollars ($100).

(B) In multiples of one hundred dollars ($100) in the case of penalties greater than one hundred dollars ($100), but less than or equal to one thousand dollars ($1,000).

(C) In multiples of one thousand dollars ($1,000) in the case of penalties greater than one thousand dollars ($1,000).

(f) The bureau shall receive complaints from consumers concerning products regulated by this article sold in this state.

history: (History: Amended by Stats. 2023, Ch. 461, Sec. 3. (AB 1059) Effective January 1, 2024.)


text:
(a) The International Sleep Products Association shall conduct a survey of mattress producers, including those that are registered with the bureau as of January 1, 2019, and shall submit a survey report to the bureau on or before January 31, 2020. The International Sleep Products Association shall conduct a new survey of mattress producers, including, but not limited to, registered mattress producers, and submit a survey report to the bureau on or before January 31, 2023, and every three years thereafter. A survey report shall include the following information for each unique combination of fibers or yarns, or both, and other materials in components used for meeting flammability standards, including, but not limited to, mattress components such as fire barriers or flame retardant chemical-treated batting or ticking or closing thread, used in the manufacture of new mattresses:

(1) A list of the fibers or any other materials used in each component used for meeting flammability standards other than chemicals identified under paragraph (2). The specific brand name or producer of the fire barrier need not be identified.

(2) The identity of any covered flame retardant chemical, as described in subparagraph (A) of paragraph (1) of subdivision (c) of Section 19100, contained in each mattress component in an amount over 1000 parts per million, including, but not limited to, the Chemical Abstracts Service (CAS) number, if available.

(3) The method for incorporating the chemical in each mattress component used for meeting flammability standards, such as additive, reactive, or other method.

(4) The percentage of new mattress units in the United States that use the mattress component for meeting flammability standards.

(5) The types of mattresses that the mattress component is used with, such as innerspring, polyurethane foam, memory foam, gel foam, latex foam, fiber, air bladders, or the combination of those materials.

(b) All mattress producers of new mattresses that are registered with the bureau, commencing January 1, 2019, and thereafter, shall respond to the survey conducted by the International Sleep Products Association pursuant to subdivision (a). The International Sleep Products Association shall submit to the bureau a list of any producers who fail to respond to the survey. The bureau shall post the list of nonresponders on its Internet Web site.

(c) The bureau shall post the reports on its Internet Web site.


text: The enforcement of all sanitization regulations pertaining to any article subject to this chapter is vested in the bureau. The bureau shall consult with the State Department of Health Services on any changes to the sanitization requirements.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 10.)

article: 6. Sanitization

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 6. Sanitization


text: Filthy or soiled articles of new or used bedding cannot be sold, offered or exposed for sale unless the fabric covering them is either properly cleaned or replaced by a new covering and then subjected to sanitization as provided for in this chapter.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 11.)

article: 6. Sanitization


text: A person shall not engage in the business of sanitizing any article of bedding or filling material, provided for in this chapter, without first having his or her sanitization equipment tested and approved by the bureau.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 12.)

article: 6. Sanitization


text: Periodic tests and inspections shall be made by an authorized representative of the bureau, to determine whether or not the equipment and procedures used, comply with the requirements of the sanitization regulations.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 13.)

article: 6. Sanitization


text: The provisions of this article apply only to persons subject to the license provisions of this chapter.

history: (History: Added by Stats. 1941, Ch. 46.)

article: 6. Sanitization


text: Newly manufactured articles of bedding that contain any secondhand filling material shall be sanitized before they are offered or exposed for sale.

history: (History: Amended by Stats. 1997, Ch. 401, Sec. 60. Effective January 1, 1998.)

article: 6. Sanitization


text: Every article of bedding and all filling material, repaired or renovated for resale or repaired or renovated for an owner but subsequently offered for sale shall be sanitized before being offered or exposed for sale.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 15.)

article: 6. Sanitization


text: Every article of bedding to which any secondhand material has been added in the process of repairing, shall be sanitized in accordance with the provisions of the sanitization regulations.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 16.)

article: 6. Sanitization


text: Every person who receives for sanitization any bedding filling material shall sanitize all those articles and material in accordance with the sanitization regulations.

history: (History: Amended by Stats. 1996, Ch. 1137, Sec. 47. Effective January 1, 1997.)

article: 6. Sanitization


text: Every person who sanitizes any bedding or filling material shall affix a sanitization label to the article or material in the manner prescribed by the bureau.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 18.)

article: 6. Sanitization


text: The form, size and color of sanitization labels, and the material of which they are made shall be approved by the chief and as provided in the Label Regulations.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 19.)

article: 6. Sanitization


text: Sanitization labels shall be sold only to sanitizers licensed under this chapter. Illegal possession of any sanitization label is a violation of this chapter. Void or mutilated labels shall be returned to the bureau.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 20.)

article: 6. Sanitization


text: The sanitizer shall keep a record of all data and show the disposition of every label as required in the sanitization regulations. The records shall be accessible at all reasonable times to the chief and the inspectors.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 21.)

article: 6. Sanitization


text: Secondhand or used bedding and any secondhand or used article that can be used for sleeping purposes shall be sanitized under the provisions of this chapter before being sold.

history: (History: Amended by Stats. 2007, Ch. 354, Sec. 67. Effective January 1, 2008.)

article: 6. Sanitization


text: Every article of bedding from any private or public hospital, jail or other institution, or which has been used by any person, suffering from an infectious or contagious disease, shall be sanitized before it is repaired or renovated.

history: (History: Amended by Stats. 1988, Ch. 1448, Sec. 23.)

article: 6. Sanitization


text: New or sanitized articles of bedding or materials shall at all times be kept separate from any secondhand or used articles or materials that are unsanitized.

history: (History: Amended by Stats. 2007, Ch. 354, Sec. 68. Effective January 1, 2008.)

article: 6. Sanitization


text: Every person who falsely advertises or misrepresents in any way any merchandise coming under the provisions of this chapter either directly or indirectly by any medium of advertising, including false statements made on the recognized California State labels or any other label or tag attached to the merchandise in question, is guilty of a violation of this chapter.

article: 7. Regulations

path: 8. SPECIAL BUSINESS REGULATIONS > 3. Home Furnishings > 7. Regulations


text: No person licensed under this chapter shall advertise an article of upholstered furniture or bedding, or any part thereof, including, but not limited to, headboards, footboards, or frames of beds, using in such advertisement an illustration of an article that is not the article advertised unless the illustration is coupled with a statement that the article advertised is not as illustrated, the statement to be printed in type of at least nine-point bold caps or the equivalent thereto.

history: (History: Amended by Stats. 1993, Ch. 1264, Sec. 84. Effective January 1, 1994.)

article: 7. Regulations


text:
No unconditional guaranty or replacement without charge relating to the quality of an article of upholstered furniture or bedding given by a person licensed under this chapter to a purchaser of such upholstered furniture or bedding shall exceed a period of five years from the date of sale.

This section does not preclude the offering of a warranty which would allow for a schedule of replacement charges based on period of use.

history: (History: Added by Stats. 1970, Ch. 1427.)

article: 7. Regulations


text: Every person, upon receiving upholstered furniture or bedding for repairing or renovating shall securely affix, immediately, a tag of identification showing the owner’s or dealer’s name, address and the date upon which it was received. The tag shall remain affixed until the article is in the process of repair or renovation.

history: (History: Amended by Stats. 1965, Ch. 1507.)

article: 7. Regulations


text: The premises, delivery equipment, machinery, appliances and devices of all persons licensed under this chapter shall at all times be kept free from refuse, dirt contamination, insects or vermin.

article: 7. Regulations