House Bill 412

AN ACT TO PROHIBIT THE SALE OF A SECONDHAND MATTRESS WITHOUT THE ATTACHMENT OF A SPECIFIED TAG INDICATING THAT A MATTRESS IS SECONDHAND; TO REQUIRE CERTAIN OTHER INFORMATION ON THE TAG; TO PROVIDE A PENALTY FOR VIOLATION OF THE SECTION; TO SET FORTH CERTAIN EXCEPTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Each mattress containing any secondhand material, sold in this state, must have securely and permanently attached to it a white cloth tag that:

(a) Is visible on the outside covering, with the visible part being not less than six (6) square inches in size;

(b) Will not flake when abraded; and

(i) Describing the kind of materials used in filling the mattress;

(ii) Indicating that the mattress itself is secondhand or that certain specified material contained in the mattress is secondhand; and

(iii) Indicating a description of the original date of manufacture of the mattress. A good-faith effort to describe the original date of manufacture shall be sufficient for this subparagraph.

SECTION 2. A person who knowingly sells a secondhand mattress in violation of Section 1 of this act is guilty of a misdemeanor. Upon conviction, the person shall be punished:

(a) For a first offense by a fine of Fifty Dollars ($50.00);

(b) For a second offense, a fine of Five Hundred Dollars ($500);

SECTION 3. The provisions of this act do not apply to:

(a) The sale by a householder of a secondhand mattress that was owned and used by the householder or the householder's family and was not acquired for the purpose of resale.

(b) The sale by an entity that has received a determination of exemption from the internal revenue service under 26 USC Section 501(c)(3) and is not organized or operated for profit and where no part of the net earnings of the entity inures to the benefit of any private shareholder or individual.

SECTION 4. This act shall take effect and be in force from and after July 1, 2024.