Certification of compliance

§ 37-1011. Certification of compliance.

1. For the purpose of this section the following terms shall have the following meanings:

(a) "covered products" shall mean:

(i) mattresses, upholstered furniture, or electronic displays; or

(ii) upholstered or reupholstered furniture components for custom upholsterers.

(b) "manufacturer" shall mean a person who, for sale in the state:

(i) assembles or substantially assembles covered products;

(ii) manufactures covered products under its own brand name or under any other brand name;

(iii) sells covered products under its own brand name;

(iv) owns a brand name that it licenses to another person for use on covered products;

(v) imports covered products; or

(vi) manufactures covered products without affixing a brand name.

2. No person that sells covered products shall be held in violation of this title if they can show that they relied in good faith on the written assurance of the manufacturer that such covered products met the requirements of this title. Such written assurance shall take the form of a certificate of compliance stating that such covered product is in compliance with the requirements of this title, provided however, where compliance is achieved under an exemption provided in section 37-1005 of this title, the certificate shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturer.