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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-180 SO AS TO PROVIDE THAT IT IS IN AN UNFAIR TRADE PRACTICE FOR A PERSON TO ENGAGE IN THE TRADE AND COMMERCE OF AN UPHOLSTERED PRODUCT, MATTRESS, OR CUSHION THAT IS PREVIOUSLY USED OR THAT CONTAINS STUFFING THAT IS PREVIOUSLY USED WITHOUT ADEQUATE NOTICE BY WAY OF LABELING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 39-5-180. (A) It is an unlawful trade practice pursuant to Section 39-5-20 for a person to engage in the trade and commerce of an upholstered product, mattress, or cushion that is previously used or contains stuffing that is previously used unless the product bears a conspicuously lettered bright orange label or tag, at least two inches by three inches, stating 'SECONDHAND ITEM' or 'PREVIOUSLY USED ITEM', or 'SECONDHAND STUFFING' or 'PREVIOUSLY USED STUFFING', as appropriate.
(B) Substantial compliance with Rule 32 of the federal Textile Fiber Products Identification Act meets the requirements of this section as to products containing previously used stuffing."
SECTION 2. This act takes effect upon approval by the Governor.
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