Department of Health and Social Services

Division of Public Health

4400 Health Systems Protection

4460 Mattresses, Pillows, and Bedding

1.0 Definitions

The following words and terms, when used in this regulation, have the following meaning:

"Bedding"means any mattress, mattress pad, mattress protector pad, box spring, upholstered spring, upholstered bed, davenport, upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow, featherbed, sleeping bag or any other bag, case, or cover made of leather, textile or other material which is stuffed or filled in whole or in part with concealed material, which is intended for use by any human being for sleeping or reclining purposes.

"Comforter"means any cover, quilt, or quilted article made of cotton or other textile material and stuffed or filled with fiber, cotton, wool, hair, jute, feathers, feather down, kapok, or other soft material.

"Department"means the Delaware Department of Health and Social Services.

"Mattress"means any quilted pad, mattress, mattress pad, mattress protector, bunk, quilt, or box spring stuffed or filled with excelsior, straw, hay, grass, cornhusks, moss, fiber, cotton, wool, hair, jute, kapok, or other soft material, to be used on a couch or other bed for sleeping purposes.

"New"means any material or article which has not been previously manufactured or used for any purpose.

"Person"means an individual, corporation, business trust, estate trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity.

"Pillow", "Bolster",or"Featherbed"means any bag, case, or covering made of cotton or other textile material, and stuffed or filled with excelsior, straw, hay, grass, cornhusks, moss, fiber, cotton, wool, hair, jute, feathers, feather down, kapok, or other soft material to be used on a bed or other article for sleeping purposes.

"Secondhand"means any material or article of which prior use has been made.

"Shoddy"means any material which has been spun into yarn, knit, or woven into fabric and subsequently cut up, torn up, broken up or ground up.

2.0 Restrictions and Prohibitions

1. 2.1 Shoddy, Secondhand Material, and Feathers

   1. 2.1.1 No person shall employ or use in the making or renovating of any mattress, pillow, bolster, featherbed, or comforter any of the following:

      1. 2.1.1.1 Material known as "shoddy" or any fabric or material from which shoddy is constructed;
      2. 2.1.1.2 Secondhand material; or
      3. 2.1.1.3 New or secondhand feathers.
   2. 2.1.2 A person may use shoddy, secondhand material or new or secondhand feathers if the shoddy, secondhand material or new or secondhand feathers have been sterilized and disinfected by a reasonable process approved by the Department.

2. 2.2 Used Mattresses, Pillows, Bolsters, Featherbeds, and Comforters. No person shall sell, lease, offer to sell or lease, or deliver or consign in sale or lease, or have in the person's possession with intent to sell, lease, deliver, or consign in sale or lease any of the following:

   1. 2.2.1 A mattress, pillow, bolster, featherbed, or comforter made, remade, or renovated in violation of this regulation; or
   2. 2.2.2 A secondhand mattress, pillow, bolster, featherbed, or comforter unless since its last use it has been thoroughly sterilized and disinfected by a reasonable process approved by the Department.

3.0 Operational Requirements

1. 3.1 Permits

   1. 3.1.1 Any person engaged in the making, remaking, or renovating of any mattress, pillow, bolster, or comforter in which secondhand material is used; or in the making of any new or secondhand feather- or down-filled article; or the sterilizing and disinfecting of any material, feathers, or article coming under this regulation, shall submit to the Department for approval a reasonable and effective process, together with duplicate plans of apparatus or auxiliary devices, for the sterilization and disinfection of materials, feathers, and articles enumerated in this section.
   2. 3.1.2 Upon the approval of the process for sterilization and disinfection, a numbered permit shall be issued to the applicant by the Department. Permits shall remain effective only during a calendar year beginning January 1, and ending December 31, or any remaining portion of a calendar year beginning on the date the permit is issued.
   3. 3.1.3 Every person to whom a permit has been issued shall keep the permit conspicuously posted in the person's office or place of business. Refusal to display the permit in accordance with this regulation shall be sufficient reason for revocation of the permit by the Department.
   4. 3.1.4 Nothing in this section shall prevent any person engaged in the making, remaking, renovating or sale of any article, which requires sterilizing and disinfecting under this section, from having the sterilizing and disinfecting performed by any person to whom a permit for these purposes has been issued, provided the number of the permit shall appear in the statement on the tag attached to the article.
2. 3.2 Initial Permit Fee. The initial permit fee for manufacturers of bedding products within the State or manufacturers of such products who ship said products into this State shall be $50.

3. 3.3 Renewal of Permit

   1. 3.3.1 Applications for renewal of a permit must be made within the 60-day period preceding expiration of the permit currently held by the applicant.
   2. 3.3.2 The fee for renewal of a permit shall be $50.
4. 3.4 Registry Numbers. The Department shall, upon application to it by any person entitled thereto, register each applicant, issue a permit, and assign a registry number by which number applicants shall thereafter be identified.

4.0 Inspections

1. 4.1 Inspection of Premises. All places where any mattress, pillow, bolster, featherbed, or comforter is made, remade, or renovated, or where materials for articles named in this regulation are prepared, or an establishment where the articles are offered for sale or are in possession of any person with intent to sell, deliver, or consign them, or an establishment where sterilizing and disinfecting are performed, shall be subject to inspection by the Department to ascertain whether the materials and the finished articles conform to the requirements of this regulation.

2. 4.2 Inspection of Products and Plants of Nonresidents

   1. 4.2.1 The Department may make physical inspection of any plant or factory of a nonresident whose products are manufactured or sold in this State. As some of the articles so enumerated may be made or the material used in the manufacture or renovation thereof may be processed outside of the limits of this State, it is expressly provided that where the person manufacturing any such article or processing any such material shall have or operate a plant outside of the limits of this State the Department may, in its discretion, in lieu of a physical inspection of the plant of such nonresident person, satisfy itself by examination of the product made or possessed by the nonresident or by other means as the Department deems adequate, of the propriety of issuing to the nonresident the permit required by this regulation or of renewing or keeping in force a permit so issued.
   2. 4.2.2 In the event that at any time the Department deems it necessary to make physical inspection of any plant or factory of a nonresident, it may require the payment by the nonresident of an amount that may cover the reasonable traveling charges entailed by the physical inspection. The Department may refuse to issue, revoke, or suspend any permit until or unless the charges are paid.

5.0 Tagging

1. 5.1 Statement Required on Articles Not Containing Feather or Down. Each mattress or article covered by this regulation, other than a feather- or down-filled pillow, bolster, bed, or comforter, shall bear securely attached thereto and visible on the outside covering, a tag of cloth or other substantial material upon which shall be plainly and indelibly stamped or printed in English the following:

   1. 5.1.1 A statement showing the kind of materials used in filling the mattress or article and whether the materials used in the filling are wholly new, secondhand, or partly secondhand;
   2. 5.1.2 The word "secondhand" upon any article of which prior use has been made;
   3. 5.1.3 The number of the permit issued for sterilizing and disinfecting; and
   4. 5.1.4 The registry number used in applying and enforcing the tagging and inspection provisions of this regulation.

2. 5.2 Statement Required on Articles Containing Feather or Down. Each pillow or other article covered by this regulation in which feathers or down are used shall bear securely attached thereto and visible on the outside covering, a tag of cloth or other substantial material upon which shall be plainly and indelibly stamped or printed in English the following:

   1. 5.2.1 A statement that the feathers or down have been sterilized and disinfected in accordance with this regulation;
   2. 5.2.2 The word "secondhand" upon a feather- or down-filled article of which prior use has been made;
   3. 5.2.3 The number of the permit issued for sterilizing and disinfecting the feathers or down; and
   4. 5.2.4 The registry number used in applying and enforcing the tagging and inspection provisions of this regulation.

3. 5.3 Specifications

   1. 5.3.1 The statement of materials used in the filling must be in plain type not less than 1/8 inch in height.
   2. 5.3.2 The tag required by this regulation to be attached to any article covered by this regulation shall be not less than 6 square inches in size.

4. 5.4 Prohibited Statements

   1. 5.4.1 No additional information other than what is required by subsections 5.1 and 5.2 of this regulation shall appear on the tag.
   2. 5.4.2 The word "felt," or words of like import if any other than garneted materials are used in filling, or the words "curled hair," or words of like import if other than curled hair is used in filling, shall not be used exclusively in the statement concerning any mattress, pillow, bolster, or comforter.
5. 5.5 False, Untrue, or Misleading Statements. No person shall make any false, untrue, or misleading statement, term, or designation on the tag.
6. 5.6 Removal, Defacing, or Altering Prohibited. No person shall remove, deface, alter, or in any manner attempt to remove, deface, or alter the tag required by Section 5.0 of this regulation or cause to be removed, defaced, or altered, any statement on a tag required by this regulation. Nothing in this section shall prohibit the removal of the tag by the final consumer of the product.

6.0 Compliance

1. 6.1 Enforcement

   1. 6.1.1 The Department, through its officers and employees, is charged with the administration and enforcement of this regulation and may take for evidence, at any trial involving violation of this regulation, any article made or offered for sale in violation of this regulation.
   2. 6.1.2 This regulation is subject to 11Del.C.Ch. 23. If there is any conflict or inconsistency between this regulation and 11Del.C.Ch. 23, the latter shall prevail.

2. 6.2 Penalties

   1. 6.2.1 Whoever violates this regulation shall be fined for each offense not less than $10.00 nor more than $50. In default of the payment of the fine, the violator shall be imprisoned for not less than 10 days for each separate offense. The total term of imprisonment at any time for additional offenses shall not exceed 10 months.
   2. 6.2.2 Each mattress, mattress pad, mattress protector pad, box spring, upholstered spring, upholstered bed, davenport, upholstered sofa bed, quilted pad, comforter, bolster, cushion, pillow, featherbed, or sleeping bag made or remade, renovated, sold, offered for sale, delivered, or consigned contrary to this regulation shall constitute a separate offense.
   3. 6.2.3 In addition to any fine or imprisonment imposed, the Department may revoke any permit issued under this regulation for a violation of this regulation.
3. 6.3 Appeals. Any person convicted of an offense under this regulation before a Justice of the Peace, may appeal the judgment of conviction to the Court of Common Pleas.

29 DE Reg. 220 (09/01/25)

29 DE Reg. 220 (09/01/25)

29 DE Reg. 220 (09/01/25)

29 DE Reg. 220 (09/01/25)

29 DE Reg. 220 (09/01/25)

15 DE Reg. 528 (10/01/11)

29 DE Reg. 220 (09/01/25)

15 DE Reg. 528 (10/01/11)

29 DE Reg. 220 (09/01/25)