Virginia Code 32.1-225: Exemptions
A. The provisions of this article shall not apply to:
Terms Used In Virginia Code 32.1-225
- Bedding: means any mattress, mattress pad, box 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 substance, which can be used by any human being for sleeping or reclining purposes. See Virginia Code 32.1-212
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Decedent: A deceased person.
- Department: means the State Department of Health. See Virginia Code 32.1-3
- New: means not previously used for any purpose. See Virginia Code 32.1-212
- Person: means an individual, corporation, partnership, or association or any other legal entity. See Virginia Code 32.1-3
- State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
- Upholstered furniture: means any article of furniture designed to be used for sitting, resting, or reclining that is wholly or partly stuffed or filled with any filling material. See Virginia Code 32.1-212
1. Any items of bedding or upholstered furniture sold under the order of any court or pursuant to § 55.1-2902, any sale of a decedent‘s estate, or any sale by any individual of his household effects.
2. Any items of bedding or upholstered furniture that are 75 years old or older.
3. Any interstate public carrier.
4. Any state institution, agency, or department unless such institution, agency, or department offers for sale to the public items of bedding or upholstered furniture manufactured, reupholstered, or renovated by it.
5. Any retailer who sells, gives away, or rents used upholstered furniture that has been purchased by the retailer as new furniture and has been used in the course of business when such used furniture has been (i) conspicuously identified as used furniture and (ii) reduced in price, sold at auction, donated to charity, or made available for a rental fee, and so tagged.
B. Any person who sells at retail, exclusively on a consignment basis, articles of bedding that are handmade by individuals and whose gross annual receipts from the sale of such articles are not in excess of $2,000 shall be deemed to be the manufacturer of such articles and shall not be required to obtain a license to make such articles. Each such article shall have a label affixed stating the kind of filling materials used in such article but shall be exempt from any other requirement as to tags set forth in this article.
Code 1950, § 32-127; 1979, c. 711; 1989, c. 130; 2001, c. 454; 2005, c. 391; 2023, cc. 374, 375.