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hb873_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 873
2025-2026
Representative Thomas, D.
Cosponsors: Representatives Williams,
Brennan
To
amend
sections
3713.01 and
3713.02
of the Revised Code
regarding
health and safety requirements for stuffed toys.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
3713.01 and
3713.02
of the Revised Code be amended to read as follows:
Sec.
3713.01.
As
used in sections 3713.01 to 3713.10 of the Revised Code:
(A)
"Person" has the same meaning as used in division (C) of
section 1.59 of the Revised Code and also means any limited company,
limited liability partnership, joint stock company, or other
association.
(B)
"Bedding" means any upholstered furniture, any mattress,
upholstered spring, comforter, bolster, pad, cushion, pillow,
mattress protector, quilt, and any other upholstered article, to be
used for sleeping, resting, or reclining purposes, and any glider,
hammock, or other substantially similar article that is wholly or
partly upholstered.
(C)
"Secondhand" means any article, or material, or portion
thereof of which prior use has been made in any manner whatsoever.
"Secondhand" does not include reclaimed material or
recycled material.
(D)
"Remade, repaired, or renovated articles not for sale"
means any article that is remade, repaired, or renovated for and is
returned to the owner for the owner's own use.
(E)
"Sale," "sell," or "sold" shall, in the
corresponding tense, mean sell, offer to sell, or deliver or consign
in sale, or possess with intent to sell, or deliver in sale.
(F)
"Upholstered furniture" means any article of furniture
wholly or partly stuffed or filled with material and that is used or
intended for use for sitting, resting, or reclining purposes.
(G)
"Stuffed toy" means any article intended for use as a
plaything or for an educational or recreational purpose that is
wholly or partially stuffed with material.
(H)
"Tag" or "label" means any material prescribed by
the superintendent of industrial compliance to be attached to an
article that contains information required under this chapter.
(I)
"Crib bumper pad" means any padding material, including a
roll of stuffed fabric, that is designed for placement within a crib
to cushion one or more of the crib's inner sides adjacent to the crib
mattress. "Crib bumper pad" excludes a mesh crib liner
intended for placement between a crib mattress and one or more of the
crib's inner sides, regardless of whether consumer product safety
standards promulgated by the United States consumer product safety
commission pursuant to section 104 of the "Consumer Product
Safety Improvement Act of 2008," 15 U.S.C. 2056a, as amended,
include mesh crib liners in the federal definition of "crib
bumper pad."
(J)
"Reclaimed material" means any material that otherwise
would have been disposed of as waste and has been collected and
claimed as material input, in lieu of new primary material, for
recycling purposes, and may include material that otherwise would
have been considered secondhand.
(K)
"Recycled material" means any material that has been
reprocessed from reclaimed material by means of a manufacturing
process and made into a final product or into a component for
incorporation into a final product.
Sec.
3713.02.
Subject
to sections 3713.021 and 3713.022 of the Revised Code, all of the
following apply:
(A)
Except as provided in section 3713.05 of the Revised Code, no person
shall import, manufacture, renovate, wholesale, or reupholster
stuffed toys or articles of bedding, or sell or offer for sale any
second-hand stuffed toy or any second-hand article of bedding, in
this state without first registering to do so with the superintendent
of industrial compliance in accordance with section 3713.05 of the
Revised Code.
(B)
No person shall manufacture, offer for sale, sell, deliver, or
possess for the purpose of manufacturing, selling, or delivering, an
article of bedding or a stuffed toy that is not labeled in accordance
with section 3713.08 of the Revised Code.
(C)
No person shall manufacture, offer for sale, sell, deliver, or
possess for the purpose of manufacturing, selling, or delivering, an
article of bedding or a stuffed toy that is falsely labeled.
(D)
No person shall sell or offer for sale any secondhand article of
bedding or any secondhand stuffed toy that has not been sanitized in
accordance with section 3713.08 of the Revised Code.
(E)
The possession of any article of bedding or stuffed toy in the course
of business by a person required to obtain registration under this
chapter, or by that person's agent or servant shall be prima-facie
evidence of the person's intent to sell the article of bedding or
stuffed toy.
(F)
A manufacturer of stuffed toys may request a variance from
requirements in Chapter 3713. of the Revised Code, and the rules
adopted thereunder, through the superintendent of industrial
compliance. The superintendent of industrial compliance shall review
the request and may issue a variance when strict application of the
requirements is unnecessary to protect public health and safety.
Section
2.
That
existing
sections
3713.01 and
3713.02
of the Revised Code
are
hereby
repealed.
Section
3.
The
Department of Commerce shall update Chapter 4101. of the Ohio
Administrative Code labeling requirements related to stuffed toys.