West Virginia Code Chapter 47. Regulation of Trade § 47-1A-2. Definitions

As used in this article, unless the contents clearly require otherwise:

“Commissioner” means commissioner of labor.

“Department” means state department of labor.

“Bedding” or “articles of bedding” includes upholstered furniture and filling material (as herein defined) and any mattress, pillow, cushion, quilt, bed pad, comforter, upholstered spring bed, headboard, box springs, davenport or day bed, bedsprings, metal couch, metal bed, metal cot, metal cradle, metal bassinette, which is wholly or partly upholstered and is used or intended for use for sleeping, resting or reclining purposes.

“Upholstered furniture” means any article of household furniture wholly or partly stuffed or filled with soft material which is used or intended for use for sitting, resting or reclining purposes. “Upholstered furniture” does not include any seat or cushion which is used in any automobile, truck, bus or airplane.

“Filling material” includes any hair, down, feathers, wool, cotton, kapok, or other soft material used in the manufacture of and for filling articles of bedding or upholstered furniture.

“New” means any material or article which has not been previously used for any purpose, including by-products produced in the manufacture of any fabric and material reclaimed from new fabric: Provided, however, That an article of bedding returned by the purchaser for exchange, alteration, or correction within thirty days after date of delivery after original sale at retail, shall be deemed to be a new article, but if such article is returned later than thirty days after the date of such delivery, such article shall be deemed to be secondhand.

“Secondhand” means any material or article of which prior use has been made, except as otherwise provided in this article.

“Manufacture,” “making,” “make,” or “made” includes altering, repairing, finishing or preparing articles of bedding or upholstered furniture or filling materials for sale, including remaking or renovating when done away from the home of the owner.

“Sale,” “sell,” or “sold” includes offering or exposing for sale or exchange or lease or consigning or delivery in consignment for sale, exchange or lease or holding in possession with like intent.

“Person” shall include persons, partnerships, corporations and associations.