North Carolina § 106-65 - 95. Definitions.

§ 106-65. 95. Definitions.

The following definitions shall apply throughout this Article: "Bedding" means any mattress, upholstered spring, sleeping bag, pad, comforter, cushion, pillow, decorative pillow, and any other padded or stuffed item designed to be or commonly used for reclining or sleeping. This definition includes dual purpose furniture such as studio couches and sofa beds. The term "mattress" does not include water bed liners, bladders or cylinders unless they contain padding or stuffing. The term "mattress" also does not include quilts and comforters made principally by hand sewing or stitching in a home or community workshop. "Itinerant vendor" means a person who sells bedding from a movable conveyance. "Manufacture" means the making of bedding out of new materials. "New material" means any material or article that has not been used for any other purpose and by-products of industry that have not been in human use. "Previously used material" means any material of which previous use has been made, but manufacturing processes shall not be considered previous use. "Renovate" means the reworking or remaking of used bedding or the making of bedding from previously used materials, except for the renovator's own personal use or the use of the renovator's immediate family. "Sanitize" means treatment of secondhand bedding or previously used materials to be used in renovating for the destruction of pathogenic microorganisms and arthropods and the removal of dirt and filth. "Secondhand bedding" means any bedding of which prior use has been made. "Sell" or "sold" means sell, have to sell, give away in connection with a sale, delivery or consignment; or possess with intent to sell, deliver or consign in sale. History (1937, c. 298, s. 1; 1957, c. 1357, s. 1; 1959, c. 619; 1965, c. 579, s. 1; 1983, c. 891, s. 2; 1987, c. 456, s. 1; 1991, c. 223, s. 1; 1993 (Reg. Sess., 1994), c. 647, s. 5; 2011-145, s. 13.3(v), (w).) Transfer of Sleep Products Program. - Session Laws 2011-145, s. 13.3(c), provides: "All functions, powers, duties, and obligations previously vested in the Sleep Products Program within the Public Health Pest Management Section of the Division of Environmental Health of the Department of Environment and Natural Resources are transferred to and vested in the Department of Agriculture and Consumer Services by a Type I transfer, as defined in G.S. 143A-6 ." Session Laws 2011-145, s. 13.3(www), provides: "The transfers under this section become effective July 1, 2011, and funds transferred shall be net of any changes enacted by this section. Any references in this act to any program, office, section, division, or department that is transferred under this section shall be construed to be consistent with the transfer under this section." Editor's note. - This Article is former Part 8 of Article 8 of Chapter 130A , as recodified by Session Laws 2011-145, s. 13.3(v), effective July 1, 2011. The historical citations to the sections in the former Part have been added to the corresponding sections in this Article as recodified. This section was formerly codified as G.S. 130A-261 . It was recodified as G.S. 106-65.95 by Session Laws 2011-145, s. 13.3(v), effective July 1, 2011. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5 is a severability clause. Effect of Amendments. - Session Laws 2011-145, s. 13.3(w), effective July 1, 2011, substituted "this Article" for "this Part" in the introductory language.