Sec. 1374.2 - Criteria for Exemption

ยง 1374.2. Criteria for Exemption

Articles of upholstered furniture, other than furniture used for and in facilities designed for the care or treatment of humans, which meet any of the following criteria shall be exempt from compliance with the provisions of Section 19161 of the Home Furnishings Act:

(a) Cushions and pads intended solely for outdoor use.

(b) Any article which is smooth surfaced and contains no more than one-half (1/2) inch of filling material,provided that such article does not have a horizontal surface meeting a vertical surface.

(c) Bassinets, booster seats, car seats, changing pads, floor play mats, highchairs, highchair pads, infant bouncers, infant carriers, infant seats, infant swings, infant walkers, nursing pads, nursing pillows, playpen side pads, playards, portable hook-on chairs, and strollers.

(d) Any article manufactured in accordance with a written prescription from any one of the health care professionals set forth in this subdivision, or manufactured in accordance with other comparable written medical therapeutic specification, to be used in connection with the treatment or management of a named individual's physical illness or injury. Any one of the following health care professionals may provide the written prescription required by this subdivision provided that the health care professional has a current and valid license to practice in California or any other state of the United States in which the prescription was written: physicians, chiropractors or osteopaths.

(1. New section filed 6-17-77; effective thirtieth day thereafter (Register 77, No. 25). 2. New subsection (c) filed 10-15-82; effective thirtieth day thereafter (Register 82, No. 42). 3. Amendment of first paragraph and repealer and new subsection (c) filed 11-29-2010; operative 12-29-2010 (Register 2010, No. 49). 4. Repealer of subsection (c) and new subsections (c)-(d) filed 11-21-2013; operative 1-1-2014 (Register 2013, No. 47).)

Note: Authority cited: Section 19034, Business and Professions Code. Reference: Section 19161.5, Business and Professions Code.

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