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Illinois Bed Bug Law

Chapter 610  Railroads


610 ILCS  (85/1) (from Ch. 114, par. 100a)

Sec. 1  No owner or operator of a railroad shall permit any railroad car to be dispatched for the  transportation of or occupation by passengers unless such cars are in a clean and sanitary condition and is  free from cockroaches, body lice, BED BUGS and other vermin.  (Source:  Laws 1949, p. 1243).


610 ILCS 85/2  (From Ch. 114, par 100b)

Sec. 2  Owners and operators of railroads shall require railroad cars used for the transportation of or occupation by passengers to be regularly cleaned and inspected and to be fumigated or otherwise treated to free them from cockroaches, body lice, BED BUGS and other vermin.  (Source Laws 1949, p. 1243).

610 ILCS 85/3  (from Ch. 114, par 100c)

Sec. 3   Whoever violates this act shall be guilty of a petty offense.  The use of any car for the transportation of or occupation by passengers when the cart is not in a clean and sanitary condition or is not free from cockroaches, body lice, BED BUGS, and other vermin is a separate offense for each day such car is so used  (Source P.A. 77-2199)


410 ILCS 68/

Safe and Hygienic Bed Act

410 ILCS 68/1

Sec. 1  Short TitleThis Act may be cited as the Safe and Hygienic Bed Act
(Source:  P.A. 91-164, eff. 7-16-99)

(410 ILCS 68/5)

Sec. 5  Definitions.  As used in this Act:

"Attorney General"     means the Attorney General of the State of Illinois

"Bedding"     means any mattress, box spring, foundation, or studio couch made in whole or part from new or second-hand fabric, filling material, or other textile product or material and which can e used for sleeping or reclining purposes.

"Consumer"     means a person who purchases or otherwise acquires bedding for sleeping or reclining purposes in that person's home or business such as a medical  facility or lodging establishment, and does not include wholesalers, retailers, or  other persons who acquire bedding for purposes of resale or other distribution.

"Department"     means the Illinois Department of Public Health.

"Manufacturer"     means a person who makes any article of bedding in whole or in part using new or second-hand fabric, filling material, or other textile product or material.

"New material"       means any fabric, filling material, other textile product or material, or article of bedding that has not been previously used for any purpose, and includes by-products of any textile or manufacturing process that are free from dirt, insects and other contamination.

"Person"     means an individual, sole proprietorship, partnership, limited   liability company, corporation, joint venture, association, trust and any other  entity, and the officers, employees, and agents of any of them.

"Renovator",   "Rebuilder", and  "Repairer" mean a person who repairs, makes over, recovers, restores, sanitizes, germicidally treats, cleans or renews bedding.

"Sanitizer"     means any person who sanitizes or germicidally treats or cleans (but does not otherwise alter) any fabric, filling material, other textile product  or material, or article of bedding for use in manufacturing or renovating bedding.

"Second-hand material"     means any fabric, filling material, other textile product  or material, or article of bedding that has been previously used for any purpose or  that is derived from post-consumer or industrial waste, and that may be used in place of or in addition to new material in manufacturing or renovating bedding.   (Source:  P.A. 91-164, eff. 7-16-99).

(410 ILCS 68/10)

Sec. 10     Label Required

All bedding which is manufactured, renovated,  sanitized, sold, or distributed within the State must bear a CLEAR AND CONSPICUOUS LABEL  that states whether the bedding is made from all new materials or is made in  whole or in part from second-hand material.  The label shall conform to standards  issued by the Department in administrative rules and shall not be altered or removed except by the consumer.     (Source:  P.A. 91-164, eff. 7-16-99)

(410 ILCS 68/15)

Sec. 15  Registration required

All manufacturers, renovators, rebuilders, repairers, and sanitizers whose work products may be sold to retailers, wholesalers, or consumers within the State of Illinois shall register with the Department on or before January 1 of each year and shall pay a registration fee established by administrative rule.   (Source:  P.A. 91-164, eff. 7-16-99)

(410 ILCS 68/20)

Sec. 20   Use of Second-Hand Material

Every manufacturer, renovator, rebuilder,  repairer, or sanitizer of used bedding, shall remove the outer fabric, the inner foam, the pad, any other fabric, and any other textile product, material or  component and shall inspect each such item for soiling, malodor, and PEST INFESTATION prior to the sale or distribution of the article.  If any material or  component of used bedding appears to be spoiled, malodorous, or INFESTED, that  material or component cannot be reused, sold or distributed for use in any bedding product.
(Source:  P.A. 91-164, eff. 7-16-99).


(410 ILCS 68/25)

Sec. 25   Use of New Material

Every manufacturer, renovator, rebuilder, repairer, and sanitizer shall inspect all new material for soiling, malodor, and  PEST INFESTATION prior to use, sale or distribution of the article.  If any new  material appears to be soiled, malodorous, or INFESTED, that material cannot be  used, sold or distributed for ue in any bedding product.    (Source:  P.A 91-164, eff. 7-16-99).

(410 ILCS 68/30)

Sec. 30     Rules

The  Department shall promulgate administrative rules necessary  to implement, interpret, and make specific the provisions of this Act, including  but not limited to rules concerning labels, registration, sanitation, and fees.  Rules concerning labels may incorporate by reference uniform standards, norms, or  testing procedures that are issued, promulgated, or accepted by recognized  government, public or industry organizations.  Fees established by rule shall be in  amounts reasonable and necessary to defray the costs to the Department of  administering  this Act.    (Source:  P.A. 91-164, eff. 7-16-99)

(410 ILCS 68/35)

Sec. 35   Violation

Any person who violates any provision of this Act or the  rules promulgated under this act shall be guilty of a business offense punishable  by a fine of $10,000 and shall be guilty of committing an unlawful act or practice  pursuant to Section2 of the Consumer Fraud and deceptive Business Practices Act.   Each day of violation of this Act or rules promulgated under this Act shall  constitute a separate offense.   (Source:  P.A. 91-164, eff. 7-16-99).

(410 ILCS 68/40)

Sec. 40     Nuisance; Injunction

Violation of Section 20 or Section 25 of this Act is declared a public nuisance inimical to the public health and welfare.  The  Attorney General or the State's Attorney of the county in which the violation  occurs may, in addition to other remedies provided in this Act, bring action for  injunction to restrain the violation.   (Source:  P.A. 91-164, eff. 7-16-99).


(410 ILCS 68/45)

Sec. 45     Severability

If any provision of this Act or the application of this  Act to any person or circumstance is held invalid, the invalidity shall not affect  the other provisions or applications of the Act which can be given effect without  the invalid provision or application, and to this end the provisions of this Act are severable.     (Source:  P.A. 91-164, eff. 7-16-99).

(410 ILCS 68/905)

Sec. 905   (Amendatory Provisions; text omitted)      (Source:  P.A. 91-164, eff. 7-16-99; text omitted)


(410 ILCS 68/999)

Sec. 999   Effective Date

This Act takes  effect upon becoming law.  (Source:  P.A. 91-164, eff. 7-16-99)


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