A.  After January 1, 2007, no person shall offer for sale at retail within this state, any mattress or box spring unless it is made of a fire retardant material or has been treated to render it fire retardant such that it meets the standards of resistance to open flames.  This Subsection shall not apply to any mattress or box spring manufactured prior to January 1, 2007.  The fire marshal may promulgate regulations to implement the purpose of this Section.

B.  The fire marshal shall be responsible for the enforcement of this Section.  Upon complaint of any person or upon his own initiative when he thinks necessary, the fire marshal or any of his authorized representatives may inspect any mattress or box spring being offered for sale or sold in this state or the premises of any establishment engaged in the manufacture of mattresses or box springs in this state for the purpose of determining compliance with this Section.  Whenever the inspecting officer finds any incidence of noncompliance with this Section he shall issue an appropriate order to assure compliance, to have the mattresses or box springs removed from the premises or to remedy the incidence of noncompliance in whatever manner he may deem appropriate.

C.  Whoever fails to comply with an order of the fire marshal under the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.  Each violation hereunder shall constitute a separate offense.

D.  Upon the enactment of a federal statute, rule, or regulation which requires that mattresses and box springs be flame resistant, this provision shall be null and void.

Acts 2006, No. 557, §1.