- (a) The Department of Health may, at its discretion, randomly conduct bedding and materials product tests and inspections of the premises of any bedding manufacturer, renovator, or sanitizer for the purpose of determining compliance with the provisions of Arkansas Code § 20-27-2704 and the department's rules adopted under Arkansas Code § 20-27-2704.
- (b) If the department finds probable cause to believe that an article of bedding violates any provisions of Arkansas Code § 20-27-2704, it may embargo, remove, recall, condemn, destroy, or otherwise dispose of bedding found to violate any provisions of Arkansas Code § 20-27-2704.
(c)
(1)
- (A)
(i) The department may deny, suspend, or revoke an initial or renewal permit of any person that violates any provision of Arkansas Code § 20-27-2704.
(ii) Each day of a continuing violation constitutes a separate violation.
- (B) A person who violates any provision of Arkansas Code § 20-27-2704 commits a Class A misdemeanor.
- (2) The court may order restitution in addition to any other penalty provided in Arkansas Code § 20-27-2701 et seq.
- (3) The department may petition for an injunction to restrain a continuing violation of Arkansas Code § 20-27-2704 or a threat of a continuing violation of Arkansas Code § 20-27-2704, provided such violation or threatened violation creates an immediate threat to public health and safety.
(4)
- (A) A manufacturer, renovator, or seller that knowingly attaches to bedding, or sells bedding bearing, a label stating that the product is made from all new materials, when the person has actual knowledge or reason to believe or suspect that such bedding is made in whole or in part from secondhand materials commits a Class A misdemeanor.
- (B) Each bedding product that is found to be falsely labeled in this respect constitutes a separate violation.