4-10-2 - Definitions.
4-10-2. Definitions.
As used in this chapter:
(1) "Article" means any bedding, upholstered furniture, quilted clothing, or fillingmaterial.
(2) "Bedding" means any:
(a) quilted, packing, mattress or hammock pad; or
(b) mattress, boxsprings, comforter, quilt, sleeping bag, studio couch, pillow or cushionmade with any filling material that can be used for sleeping or reclining.
(3) "Filling material" means any cotton, wool, kapok, feathers, down, hair or othermaterial, or any combination of material, whether loose or in bags, bales, batting, pads, or otherprefabricated form that is, or can be, used in bedding, upholstered furniture or quilted clothing.
(4) "Label" means the display of written, printed, or graphic matter upon a tag or uponthe immediate container of any bedding, upholstered furniture, quilted clothing, or fillingmaterial.
(5) (a) "Manufacture" means to make, process, or prepare from new or secondhandmaterial, in whole or in part, any bedding, upholstered furniture, quilted clothing, or fillingmaterial for sale.
(b) "Manufacture" does not include isolated sales of such articles by persons who are notprimarily engaged in the making, processing, or preparation of such articles.
(6) (a) "New material" means material that has not previously been used in themanufacture of another article used for any purpose.
(b) "New material" includes by-products from a textile mill using only new raw materialsynthesized from a product that has been melted, liquified, and re-extruded.
(7) "Owner's own material" means an article owned or in the possession of a person forthe person's own or a tenant's use that is sent to another person for manufacture or repair.
(8) "Quilted clothing" means a quilted garment or apparel, exclusive of trim used foraesthetic effect, or a stiffener, shoulder pads, interfacing, or other material that is made in wholeor in part from filling material and sold or offered for sale.
(9) "Repair" means to restore, recover, alter, or renew bedding, upholstered furniture, orquilted clothing for a consideration.
(10) "Retailer" means a person who sells bedding, upholstered furniture, quilted clothing,or filling material to a consumer for use primarily for personal, family, household, or businesspurposes.
(11) (a) "Sale" or "sell" means to offer or expose for sale, barter, trade, deliver, consign,lease, or give away any bedding, upholstered furniture, quilted clothing, or filling material.
(b) "Sale" or "sell" does not include any judicial, executor's, administrator's, or guardian'ssale of such items.
(12) "Secondhand material" means any filling material that has previously been used inan article.
(13) "Tag" means a card, flap, or strip attached to an article for the purpose of displayinginformation required by this chapter or under rule made pursuant to it.
(14) "Upholstered furniture" means any portable or fixed furniture, except fixed seats inmotor vehicles, boats, or aircraft, that is made in whole or in part with filling material, exclusiveof trim used for aesthetic effect.
(15) "Wholesaler" means a person who offers an article for resale.
Amended by Chapter 73, 2010 General Session