CHAPTER 3. Home Furnishings [19000. - 19221.]

Heading of Chapter 3 amended by Stats. 1972, Ch. 749.

§§ 19000–19221 · 151 sections

ARTICLE 1. General Provisions §§ 19000–19022 · 33 sections
- § 19000 This chapter may be cited as the Home Furnishings and Thermal Insulation Act.
- § 19001 Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter.
- § 19002 “Person” includes any individual, partnership, association, firm, auctioneer, trust, limited liability company, and corporation, and the agents, servants, and…
- § 19003 “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,…
- § 19004 (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)…
- § 19004.1 Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary…
- § 19006 “Upholstered furniture” means any furniture, including children’s furniture, movable or stationary, which is made or sold with cushions or pillows, loose or…
- § 19006.1 “Seating furniture,” including children’s furniture, movable or stationary, means any furniture, which is made or sold with or without filling material,…
- § 19007 “Bedding” means any quilted pad, packing pad, mattress pad, hammock pad, mattress, comforter, quilt, sleeping bag, box spring, studio couch, pillow or cushion…
- § 19007.5 “Filling material” means cotton, wool, kapok, feathers, downs, hair, liquid, or any other material, substance, or any combination thereof, loose or in batting,…
- § 19008 “Secondhand” means any materials or articles used in the construction of bedding or upholstered furniture that have been previously used for any purpose, and…
- § 19008.1 “Used” means furniture or bedding that has been previously owned or used by another individual.
- § 19008.2 “Antique” means furniture having special value because of its age, especially a work of art or handicraft that is over 100 years old.
- § 19008.5 Any article of upholstered furniture or bedding is secondhand if it contains any secondhand material in whole or in part.
- § 19008.6 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.
- § 19009 “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.
- § 19010 “Bedding renovator” means a person who rebuilds, repairs, makes over, re-covers, restores, renovates or renews bedding.
- § 19010.1 “Custom upholsterer” means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, re-covers, restores, or renews…
- § 19010.5 “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…
- § 19011 “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…
- § 19011.1 “Importer” means a person who manufactures or wholesales, through employees or agents, any article of upholstered furniture, bedding, or filling material…
- § 19012 “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,…
- § 19012.5 “Sanitizer” means a person who sanitizes articles of bedding or filling materials.
- § 19014 “Branch” means any subordinate establishment situated apart from the parent house, maintaining a separate service to the trade.
- § 19015 “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,…
- § 19016 “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…
- § 19016.5 A person engaged exclusively in the manufacture of slip covers shall not be required to have a license under the provisions of this chapter.
- § 19017 “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…
- § 19018 “Approved testing laboratory” means any testing facility which is determined by rule and regulation of the bureau to have adequate personnel, facilities,…
- § 19019 “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…
- § 19020 “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…
- § 19021 “Quality assurance program” means a system of procedures employed at the place of manufacture of insulation material designed to assure that insulation…
- § 19022 (a) An “insulation manufacturer” is any person who produces insulation materials or a combination of materials which, when properly applied or installed…
ARTICLE 2. Administration §§ 19030–19034.5 · 6 sections
- § 19030 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…
- § 19031 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…
- § 19032 The director, in accordance with the State Civil Service Act and Section 159.5, may appoint and fix the compensation of such clerical, inspection,…
- § 19033 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…
- § 19034 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…
- § 19034.5 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…
ARTICLE 3. Licensing §§ 19049–19064 · 20 sections
- § 19049 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…
- § 19050 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…
- § 19051 Every upholstered-furniture retailer, unless they hold an importer’s license, a furniture and bedding manufacturer’s license, a wholesale furniture and bedding…
- § 19052 Every custom upholsterer, unless he or she holds a furniture and bedding manufacturer’s license, shall hold a custom upholsterer’s license.
- § 19053 Every upholstered-furniture wholesaler, bedding wholesaler, and upholstered-furniture and bedding wholesaler, unless he or she holds an importer’s license,…
- § 19053.1 Every importer shall hold an importer’s license.
- § 19054 Every upholstered-furniture manufacturer, bedding manufacturer, upholstered-furniture and bedding manufacturer, or bedding renovator, unless he or she holds an…
- § 19055 Every bedding retailer, unless they hold an importer’s license, an upholstered-furniture and bedding manufacturer’s license, a wholesale upholstered-furniture…
- § 19056 Every bedding renovator shall hold an upholstered-furniture and bedding manufacturer’s license.
- § 19059 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…
- § 19059.5 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…
- § 19059.7 Every insulation manufacturer who sells insulation material in California shall hold an insulation manufacturing license issued by the bureau. Manufacturers…
- § 19060 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…
- § 19060.5 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…
- § 19060.6 (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…
- § 19061 Every person doing business at the same address under more than one firm name is subject to the license provisions for each firm name.
- § 19061.5 The chief shall prescribe the procedure relative to: (a) Assignment or reassignment of serial or registry numbers. (b) Transfer of licenses between persons,…
- § 19062 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.
- § 19063 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…
- § 19064 The bureau may refuse to issue any license provided for in this chapter to any partnership, corporation, limited liability company, firm, or association: (a)…
ARTICLE 4. Application of the Chapter §§ 19070–19074 · 8 sections
- § 19070 This chapter applies to upholstered furniture, bedding and filling materials, and insulation sold in California regardless of its point of origin.
- § 19071 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…
- § 19072 Responsibility for compliance with this chapter rests not only with the manufacturer but also with the importer, wholesaler, retailer, or any person having in…
- § 19072.5 Importers, wholesalers, and retailers shall not sell or resell in California unlabeled upholstered furniture or bedding. Importers, wholesalers, and retailers…
- § 19072.6 The manufacturer of chairs and benches and similar articles, using slip seats that are manufactured by himself or herself or purchased from another, is…
- § 19072.7 Aiding, abetting, or knowingly combining or conspiring with an unlicensed person engaged in a business regulated by this chapter, to evade the provisions of…
- § 19073 This chapter does not apply to upholstered furniture, bedding, or insulation manufactured and sold at wholesale in California for delivery outside the borders…
- § 19074 This chapter does not apply to the manufacturer of insulating window or door glass or products containing insulating window or door glass.
ARTICLE 5. Labeling §§ 19080–19094 · 15 sections
- § 19080 A person shall not, at wholesale, retail, or otherwise, directly or indirectly, make, rebuild, repair, renovate, process, prepare, sell, offer for sale,…
- § 19081 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,…
- § 19082 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.
- § 19083 Labels shall be securely attached to the article or filling material at the factory, in a position where they can be conveniently examined.
- § 19084 The information required by this chapter shall be printed on one side of the label only.
- § 19085 Labels shall contain no advertising matter nor anything that detracts, or is likely to detract from the required statements.
- § 19086 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.
- § 19087 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…
- § 19088 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…
- § 19089 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…
- § 19089.3 All bedding with liquid filling material and each component part of such bedding shall be clearly labeled in a manner approved by the chief.
- § 19089.5 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…
- § 19092 The repairer or renovator of any secondhand upholstered furniture or bedding which is subsequently sold, shall affix the “Secondhand Material” label.
- § 19093 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”…
- § 19094 (a) For the purposes of this section, the following definitions shall apply: (1) “Component” means the separate constituent parts of upholstered furniture sold…
ARTICLE 5.5. Juvenile Products, Upholstered Furniture, and Mattresses §§ 19100–19104 · 6 sections
- § 19100 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…
- § 19101 (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…
- § 19101.5 (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,…
- § 19102 The director may adopt regulations and rules necessary or appropriate for the implementation and enforcement of this article.
- § 19103 (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…
- § 19104 (a) The International Sleep Products Association shall conduct a survey of mattress producers, including those that are registered with the bureau as of…
ARTICLE 6. Sanitization §§ 19120–19132 · 16 sections
- § 19120 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…
- § 19121 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…
- § 19122 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…
- § 19122.5 Periodic tests and inspections shall be made by an authorized representative of the bureau, to determine whether or not the equipment and procedures used,…
- § 19123 The provisions of this article apply only to persons subject to the license provisions of this chapter.
- § 19123.4 Newly manufactured articles of bedding that contain any secondhand filling material shall be sanitized before they are offered or exposed for sale.
- § 19123.5 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…
- § 19123.6 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…
- § 19124 Every person who receives for sanitization any bedding filling material shall sanitize all those articles and material in accordance with the sanitization…
- § 19124.5 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.
- § 19127 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…
- § 19127.5 Sanitization labels shall be sold only to sanitizers licensed under this chapter. Illegal possession of any sanitization label is a violation of this chapter.…
- § 19127.6 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…
- § 19129 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…
- § 19131 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…
- § 19132 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.
ARTICLE 7. Regulations §§ 19150–19165 · 12 sections
- § 19150 Every person who falsely advertises or misrepresents in any way any merchandise coming under the provisions of this chapter either directly or indirectly by…
- § 19151 No person licensed under this chapter shall advertise an article of upholstered furniture or bedding, or any part thereof, including, but not limited to,…
- § 19152 No unconditional guaranty or replacement without charge relating to the quality of an article of upholstered furniture or bedding given by a person licensed…
- § 19158 Every person, upon receiving upholstered furniture or bedding for repairing or renovating shall securely affix, immediately, a tag of identification showing…
- § 19160 The premises, delivery equipment, machinery, appliances and devices of all persons licensed under this chapter shall at all times be kept free from refuse,…
- § 19161 (a) All mattresses and mattress sets manufactured for sale in this state shall be fire retardant. “Fire retardant,” as used in this section, means a product…
- § 19161.3 All flexible polyurethane foam in the form of slabs, blocks, or sheets, or which is shredded (loose or packaged), except polyurethane foam sold for use as…
- § 19161.5 The chief of the bureau, subject to the approval of the Director of Consumer Affairs, may in his or her discretion exempt items of upholstered furniture which…
- § 19162 A custom upholsterer shall give to his or her customer a written estimate of the price of the labor and materials necessary for a specific job. No work shall…
- § 19163 All work to be performed by a custom upholsterer shall be recorded on a work order containing information required by rules and regulations adopted by the…
- § 19164 The bureau may, by regulation, establish insulation material standards governing the quality of all insulation material sold or installed within this state,…
- § 19165 Insulation material may only be sold or installed in the state which has been certified by the manufacturer to have been tested in accordance with standards…
ARTICLE 8. Fees §§ 19170–19174.5 · 7 sections
- § 19170 (a) The fee imposed for the issuance and for the biennial renewal of each license granted under this chapter shall be set by the chief, with the approval of…
- § 19170.3 The annual fee for an insulation manufacturing license shall be fixed by the bureau in an amount not less than one thousand eight hundred fifty dollars…
- § 19170.5 (a) Except as provided in Section 19170.3, licenses issued under this chapter expire two years from the date of issuance. To renew his or her license, a…
- § 19172 A person may not obtain a new license of the same class as the license held during the last preceding license period, but may renew the license previously held…
- § 19173.5 Section 11002 of the Government Code authorizes the use of the United States postal cancellation on the envelope in which the fee is mailed, as the date of…
- § 19174 All fees collected under this chapter shall be reported to the Controller and paid to the Treasurer and credited to the Household Goods and Services Fund, to…
- § 19174.5 (a) All moneys in the Home Furnishings and Thermal Insulation Fund shall be transferred to the Household Goods and Services Fund by July 1, 2026. On July 1,…
ARTICLE 9. Enforcement §§ 19200–19214 · 17 sections
- § 19200 The chief or any inspector shall have access to the premises, equipment, materials, partly finished and finished articles and records of any person subject to…
- § 19200.5 (a) The chief or any inspector may open any articles of upholstered furniture or bedding, including pillows or cushions belonging to or forming a part thereof,…
- § 19201 The chief or any inspector may determine the fitness of any secondhand or damaged article of bedding or filling material, for sanitization and sale.
- § 19202 The bureau may condemn, withhold from sale, seize, or destroy any upholstered furniture or bedding or any filling material or insulation which is found to be…
- § 19203 The tag to be affixed to any article of condemned upholstered furniture or bedding, or any material or insulation, by an inspector shall be a red tag and shall…
- § 19204 Every person who removes, or causes to be removed, any tag or device placed upon any upholstered furniture or bedding or any material or insulation, by an…
- § 19205 The failure of any person to produce upon demand of an inspector any article that has been condemned and ordered held on a notice of violation signed by such…
- § 19206 No person shall interfere with, obstruct or otherwise hinder any inspector of the bureau or of the department’s Division of Investigation in the performance of…
- § 19207 Any inspector having knowledge of a violation of any of the provisions of this chapter shall notify the chief of the violation.
- § 19208 The chief or his or her authorized designee may cite any person licensed under and subject to the provisions of this chapter to participate in an office…
- § 19209 Except as otherwise required to comply with the provisions of Article 9.5 of this chapter, the proceedings in any hearing or disciplinary action under this…
- § 19210 After a hearing, a license may be suspended, revoked, reprimanded, or placed on probation for a violation of any of the provisions of this chapter or of the…
- § 19211 Any person who has been denied a license, or who has had their license revoked, or whose license is under suspension, or who has failed to renew their license…
- § 19212 The performance by any partnership, limited liability company, corporation, firm, or association of any act or omission constituting a cause for disciplinary…
- § 19213 The bureau may monitor compliance with all insulation standards, including those adopted by the Energy Resources Conservation and Development Commission,…
- § 19213.1 The bureau may require a licensee who sells or manufactures furniture and bedding products that are inspected and found not to be in compliance with this…
- § 19214 Any person who violates or proposes to violate any provision of this chapter relating to insulation standards may be enjoined by any court of competent…
ARTICLE 9.5. Disciplinary Proceedings Against Nonresidents §§ 19215–19215.8 · 9 sections
- § 19215 As used in this article, unless otherwise indicated, “director” means the Director of the Office of Administrative Hearings.
- § 19215.1 The acceptance by a nonresident licensee of any of the rights and privileges conferred upon him or her by this chapter, as evidenced by his or her engaging…
- § 19215.2 The acceptance of such rights and privileges as so evidenced shall signify the agreement of the licensee that any such process which is served against him or…
- § 19215.3 Service shall be made by leaving a copy of the accusation, together with a notice of defense and statement to respondent as described in Section 11505 of the…
- § 19215.4 A notice of such service and a copy of the accusation, together with the notice of defense and statement to respondent, shall forthwith be sent by registered…
- § 19215.5 Proof of compliance with Section 19215.4 shall be made in the event of service by mail by affidavit of the director or his or her authorized employee showing…
- § 19215.6 The bureau, or if the proceeding has been assigned to a hearing officer of the Office of Administrative Hearings, the hearing officer, may order postponements…
- § 19215.7 The director shall keep a record of all process served upon him or her pursuant to this article that shall show the day and hour of service.
- § 19215.8 As used in this article “nonresident” means a person who is not a resident of this State at the time he or she engages in business in the State as described in…
ARTICLE 10. Penalties §§ 19220–19221 · 2 sections
- § 19220 Every person who violates any of the provisions of this chapter is guilty of a misdemeanor and punishable for each offense by a fine of not less than five…
- § 19221 The unit for a separate and distinct offense in violation of this chapter is each and every article of improperly labeled, or not labeled, upholstered…