Res. No. 1414

Resolution calling on the New York State Department of State to promulgate standards and rules concerning the sanitization of mattresses that include requirements sufficient to eradicate bedbugs in reconditioned mattresses before their sale.

By Council Members Brewer, Eugene, Felder, James, Koppell, Mark-Viverito, Nelson, Palma, Sanders Jr., Vann, Weprin, White Jr., Dickens, Mealy and Arroyo

Whereas, Also known as Cimex lectuarius, the bedbug is a wingless blood-feeding parasite that preys on humans and other animals, and can dwell within such objects as clothing, furniture and bedding; and

                     Whereas, Bedbugs, which are immune to most standard-issue pesticides, often feed on humans during the night by piercing their skin while they sleep; and

                     Whereas, The average female bedbug can lay up to five eggs a day, which take only 17 to 28 days to hatch and which are impervious to the stronger pyrethrin pesticides until they are born; and

                     Whereas, Methods for eliminating bedbugs include such costly options as replacing the exterior of a mattress with untainted material, baking a mattress at 150°F for forty-five minutes, and treating a mattress in a fumigation chamber; and

                     Whereas, In fiscal year 2007, the City of New York received 6,889 bedbug infestation complaints; and

Whereas, The New York City Department of Consumer Affairs estimates that approximately half of the  261 second-hand bedding dealers registered in New York State are licensed to operate in New York City; and

Whereas, Laws governing the sale, registration and sanitization of used bedding fall under the purview of the New York State Department of State (“NYSDOS”); and                     

Whereas, Article 25-A of the New York State General Business Law (“Article 25-A”) requires that every person engaged in the sale of used bedding file a notice with the NYSDOS which affirms that it has sanitized the bedding in accordance with standards established in regulation by the NYSDOS in consultation with the New York State Department of Health (“NYSDOH”); and

Whereas, Despite being enacted over a decade ago, the rules of Article 25-A of the State General Business Law concerning the standards for adequate sanitization of bedding have not yet been promulgated; and

                     Whereas, In order for persons and businesses engaged in the resale of bedding in New York State to be prevented from endangering the health and safety of New Yorkers, it is imperative that the NYSDOS and the NYSDOH establish clear standards concerning the sanitization of mattresses; now, therefore, be it

                     Resolved, That Council of the City of New York calls upon the New York State Department of State to promulgate standards and rules concerning the sanitization of mattresses that include requirements sufficient to eradicate bedbugs in reconditioned mattresses before their sale.

DMB

5/9/08

LS#4292