421.031. Random testing and inspection permitted, when--penalties for violations--temporary restraining order issued, when--penalty for mislabeling. - Missouri Statutes

Random testing and inspection permitted, when--penalties forviolations--temporary restraining order issued, when--penalty formislabeling.

421.031. 1. The department may, at its discretion, randomly conductbedding and materials product tests and inspections of the premises of anybedding manufacturer, renovator or sanitizer for the purpose of determiningwhether such person complies with the provisions of sections 421.005 to421.038 and the department's rules adopted pursuant to sections 421.005 to421.038.

2. If the department finds probable cause to believe that an articleof bedding violates any provisions of sections 421.005 to 421.038, it may,as appropriate under the circumstances, embargo, remove, recall, condemn,destroy or otherwise dispose of bedding found to violate any provisions ofsections 421.005 to 421.038.

3. The department may deny, suspend or revoke an initial or renewalpermit of any person that violates any provision of sections 421.005 to421.038. Each day of a continuing violation constitutes a separateviolation. Any person who violates any provision of sections 421.005 to421.038 is guilty of a class A misdemeanor. The court may orderrestitution in addition to any other penalty provided in sections 421.005to 421.038.

4. The department may petition for a temporary restraining order torestrain a continuing violation of sections 421.005 to 421.038 or a threatof a continuing violation of sections 421.005 to 421.038, provided suchviolation or threatened violation creates an immediate threat to thepublic's health and safety.

5. A manufacturer, renovator or seller that knowingly attaches tobedding, or sells bedding bearing, a label stating that the product is madefrom all new materials, and has actual knowledge or reason to believe orsuspect that such bedding is made in whole, or in part, from secondhandmaterials is guilty of a class A misdemeanor. Each bedding product that isfound to be falsely labeled in this respect constitutes a separateviolation.

(L. 1999 H.B. 316, et al. § 13, A.L. 2001 S.B. 110)