SB 448

As Introduced
136th General Assembly
   Regular Session  S. B. No. 448
       2025-2026
  Senator Koehler
  To amend sections 3713.01 and 3713.02 of the  1
  Revised Code regarding health and safety  2
  requirements for stuffed toys.  3
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 3713.01 and 3713.02 of the  4
Revised Code be amended to read as follows:  5
     Sec. 3713.01. As used in sections 3713.01 to 3713.10 of  6
the Revised Code:  7
     (A) "Person" has the same meaning as used in division (C)  8
of section 1.59 of the Revised Code and also means any limited  9
company, limited liability partnership, joint stock company, or  10
other association.  11
     (B) "Bedding" means any upholstered furniture, any  12
mattress, upholstered spring, comforter, bolster, pad, cushion,  13
pillow, mattress protector, quilt, and any other upholstered  14
article, to be used for sleeping, resting, or reclining  15
purposes, and any glider, hammock, or other substantially  16
similar article that is wholly or partly upholstered.  17
     (C) "Secondhand" means any article, or material, or  18
portion thereof of which prior use has been made in any manner  19
whatsoever. "Secondhand" does not include reclaimed material or  20
S. B. No. 448  Page 2
As Introduced
recycled material.  21
       (D) "Remade, repaired, or renovated articles not for sale"  22
means any article that is remade, repaired, or renovated for and  23
is returned to the owner for the owner's own use.  24
       (E) "Sale," "sell," or "sold" shall, in the corresponding  25
tense, mean sell, offer to sell, or deliver or consign in sale,  26
or possess with intent to sell, or deliver in sale.  27
       (F) "Upholstered furniture" means any article of furniture  28
wholly or partly stuffed or filled with material and that is  29
used or intended for use for sitting, resting, or reclining  30
purposes.  31
       (G) "Stuffed toy" means any article intended for use as a  32
plaything or for an educational or recreational purpose that is  33
wholly or partially stuffed with material.  34
       (H) "Tag" or "label" means any material prescribed by the  35
superintendent of industrial compliance to be attached to an  36
article that contains information required under this chapter.  37
       (I) "Crib bumper pad" means any padding material,  38
including a roll of stuffed fabric, that is designed for  39
placement within a crib to cushion one or more of the crib's  40
inner sides adjacent to the crib mattress. "Crib bumper pad"  41
excludes a mesh crib liner intended for placement between a crib  42
mattress and one or more of the crib's inner sides, regardless  43
of whether consumer product safety standards promulgated by the  44
United States consumer product safety commission pursuant to  45
section 104 of the "Consumer Product Safety Improvement Act of  46
2008," 15 U.S.C. 2056a, as amended, include mesh crib liners in  47
the federal definition of "crib bumper pad."  48
       (J) "Reclaimed material" means any material that otherwise  49
S. B. No. 448  Page 3
As Introduced
would have been disposed of as waste and has been collected and  50
claimed as material input, in lieu of new primary material, for  51
recycling purposes, and may include material that otherwise  52
would have been considered secondhand.  53
        (K) "Recycled material" means any material that has been  54
reprocessed from reclaimed material by means of a manufacturing  55
process and made into a final product or into a component for  56
incorporation into a final product.  57
        Sec. 3713.02. Subject to sections 3713.021 and 3713.022 of  58
the Revised Code, all of the following apply:  59
        (A) Except as provided in section 3713.05 of the Revised  60
Code, no person shall import, manufacture, renovate, wholesale,  61
or reupholster stuffed toys or articles of bedding, or sell or  62
offer for sale any second-hand stuffed toy or any second-hand  63
article of bedding, in this state without first registering to  64
do so with the superintendent of industrial compliance in  65
accordance with section 3713.05 of the Revised Code.  66
        (B) No person shall manufacture, offer for sale, sell,  67
deliver, or possess for the purpose of manufacturing, selling,  68
or delivering, an article of bedding or a stuffed toy that is  69
not labeled in accordance with section 3713.08 of the Revised  70
Code.  71
        (C) No person shall manufacture, offer for sale, sell,  72
deliver, or possess for the purpose of manufacturing, selling,  73
or delivering, an article of bedding or a stuffed toy that is  74
falsely labeled.  75
        (D) No person shall sell or offer for sale any secondhand  76
article of bedding or any secondhand stuffed toy that has not  77
been sanitized in accordance with section 3713.08 of the Revised  78
S. B. No. 448  Page 4
As Introduced
Code.  79
        (E) The possession of any article of bedding or stuffed  80
toy in the course of business by a person required to obtain  81
registration under this chapter, or by that person's agent or  82
servant shall be prima-facie evidence of the person's intent to  83
sell the article of bedding or stuffed toy.  84
        (F) A manufacturer of stuffed toys may request a variance  85
from requirements in Chapter 3713. of the Revised Code, and the  86
rules adopted thereunder, through the superintendent of  87
industrial compliance. The superintendent of industrial  88
compliance shall review the request and may issue a variance  89
when strict application of the requirements is unnecessary to  90
protect public health and safety.  91
        Section 2. That existing sections 3713.01 and 3713.02 of  92
the Revised Code are hereby repealed.  93
        Section 3. The Department of Commerce shall update Chapter  94
4101. of the Ohio Administrative Code labeling requirements  95
related to stuffed toys.  96