Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 182 (2017GS)

Sponsor

Rep. Edwards, R.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides for alternate disclosure labeling of secondhand goods;
• provides disclosure requirements; and
• makes technical changes.

Every vote on this bill

Bill text

LABELING REQUIREMENTS FOR TYPES OF RETAIL
GOODS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rebecca P. Edwards
Senate Sponsor: 
 Todd Weiler
LONG TITLE
General Description:
This bill amends provisions related to labeling certain retail goods.
Highlighted Provisions:
This bill:
▸ provides for alternate disclosure labeling of secondhand goods;
▸ provides disclosure requirements; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
4-10-9
, as enacted by Laws of Utah 1979, Chapter 2
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-10-9
 is amended to read:
4-10-9.
Sale of bedding, upholstered furniture, quilted clothing, or filling
material -- Tag, stamp, or stencil required -- Secondhand material -- Presumption --
Owner's own material to be tagged.
[
No
] 
(1) A
 wholesaler or retailer [
shall
] 
may
 sell [
any
] bedding, upholstered furniture,
quilted clothing, or prefabricated filling material[
, whether the point of origin of such article is
inside or outside the state, unless
] 
if
 it is [
appropriately
] 
properly
 tagged [
under
]
, stamped, or
stenciled as required by
 Section 
4-10-7
[
, or unless it is appropriately stamped or stenciled
under Section 
4-10-7
] or 
4-10-8
.
[
A
] 
(2) Notwithstanding the requirements of Section 
4-10-7
, a
 retailer who sells used
articles shall
:
(a)
 attach a secondhand material tag 
to each used article
 before sale[
.
]
; or
(b) clearly display a disclosure statement as provided in Subsection (3).
(3) The disclosure statement required under Subsection (2)(b) shall:
(a) state "ALL ITEMS OFFERED FOR SALE IN THIS ESTABLISHMENT ARE
SECONDHAND UNLESS SPECIFICALLY LABELED AS NEW";
(b) be printed:
(i) in black capital letters using Arial, Calibri, Cambria, or Times New Roman in no
smaller than 48-point font; and
(ii) on bright yellow paper, at least 8.5 inches by 6.5 inches in size; and
(c) be displayed at each public entrance and checkstand at each retail location.
(4)
 Possession of an article by a person who regularly engages in the manufacture,
repair, wholesale, or supply of such articles is presumptive evidence of intent to sell.
(5) (a)
 A person who repairs "owner's own material" shall immediately upon its receipt
attach an owner's material tag to the article.
(b)
 The tag shall remain attached to the article until it is actually in the process of
repair and shall be reattached upon completion of repair.
Legislative Review Note
Office of Legislative Research and General Counsel