In this article, you’ll learn:
- The existing laws in 4 American states with mattress recycling programs.
- The obligations of mattress manufacturers and retailers.
- How you can comply with these laws on the e-commerce platform Shopify with surcharge apps like the Magical Product Fees if you own a store that sells mattresses in any of these states.
If you are looking to start a business on Shopify or already have one, there are some legal requirements you will have to meet when selling mattresses in certain locations.
What are mattress recycling programs?
A mattress recycling program is a waste management initiative designed to divert discarded mattresses from landfills and incinerators and instead recycle their components for reuse or repurposing.
Mattresses can be challenging to dispose of due to their size, bulk, and the variety of materials they contain, including foam, fabric, metal springs, and wood. These components can take a long time to break down in landfills, contributing to environmental issues such as pollution and resource depletion.
According to our research, America is the only country that has mattress recycling programs legislated in at least 4 states where the recycling fee is included in the purchase price for end users.
Mattress Recycling Fees around the world
Other countries like Canada, United Kingdom, and Australia have mattress recycling programs set up where Mattresses are picked up for free, at a cost or can be dropped off at the recycling facility. These costs vary from country to country. If you are unsure what the law is in the location you do business, please consult a lawyer who would be able to direct you towards any legal obligations on your part.
Mattress Recycling Fees in the United States
California
If you sell mattresses in California you must comply with statewide laws and requirements.
What is the law ‘SB-254 Solid waste: used mattresses: recycling and recovery’?
Following earlier recycling laws related to things like batteries or paint products California has adopted a new law designed to reduce illegal dumping, increase recycling, and substantially reduce public agency costs for the end-of-life management of used mattresses.
The Used Mattress Recovery and Recycling Act was established to require manufacturers of mattresses sold in this state to develop, finance, and implement a convenient and cost-effective program to recover and recycle used mattresses generated in this state.
Each mattress and foundation is considered as a separate item, and a charge of $10.50 must be applied to each of them. It doesn’t matter what size, type, construction, or brand the mattress or foundation is – the charge remains the same. So, let’s say a customer purchases a mattress set that includes one mattress and one foundation, the retailer would apply the charge to both the mattress and the foundation separately.
Who is impacted by this law?
Retailers in California, manufacturers selling in California to institutional customers, and the end customer who is purchasing mattresses and taking on this cost.
Is it the responsibility of the retailers to charge/collect this fee?
Yes, retailers are required to collect the charge for every sale of mattresses and foundations within California.
Online retailers, regardless of their location, must collect the charge for all mattresses and foundations sold with the intention of delivering them to California.
Manufacturers of mattresses and foundations that are sold to various businesses in California, such as those in the hospitality industry, dormitories, hospitals, and prisons (referred to as “contract” or “institutional” customers), are also responsible for collecting the charge on these sales and sending it to the Mattress Recycling Council (MRC).
What are the specific legal requirements to ensure my Mattress store is in compliance?
It’s important for retailers to know that this fee must be clearly shown as a separate item on the invoice, receipt, or any similar document given to customers. This applies to all mattresses sold in California. Even online retailers, no matter where they are located, have to collect this fee for mattresses and foundations that will be delivered to California.
To comply with the requirements, the sales receipt, invoice, or billing document should state “Recycle Fee $10.50” for transparency. The wording can be in uppercase or lowercase letters and in any readable font. It just needs to be easy to see and understand in English.
How to meet these requirements on Shopify
These requirements can be met with Shopify surcharge apps like Magical Product Fees that can be used to separately display mattress recycling fees on the product, cart, and checkout page, and invoices to meet all of California’s legal requirements.
Connecticut
Mattress manufacturers must comply with statewide laws and requirements
What is Public Act No. 13-42 AN ACT CONCERNING A MATTRESS STEWARDSHIP PROGRAM?
Connecticut took a significant step in 2013 by becoming the first state to pass a comprehensive mattress stewardship law. This law, known as Public Act 13-42, mandates that mattress manufacturers create a system to handle and properly dispose of unwanted mattresses in Connecticut. To fund this program, a fee is added to the price of each mattress at the point of sale.
When a customer buys a new mattress in Connecticut, they will notice an extra charge included in their purchase. The retailer is responsible for collecting this fee and transferring it to the mattress manufacturers. These funds are then utilized to cover the costs of transporting and recycling the unwanted mattresses, ensuring they are handled in an environmentally responsible manner.
Who is impacted by this law?
The manufacturer, retailer, and ultimately the end customer who will be covering the fee as a part of their purchase.
Is it the responsibility of the retailers to charge/collect this fee?
Yes, mattress manufacturers and retailers should include the fee amount in the selling price of all mattresses within the state.
What are the specific legal requirements to ensure my Mattress store is in compliance?
The fee needs to be shown on the invoice, and there should be a short explanation about what the fee is for. If a producer doesn’t take part in this program, they won’t be allowed to sell mattresses in this state. The fee determined by the Mattress Recycling Council (MRC) is $11.75 for each mattress and foundation unit.
How to meet these requirements on shopify
These requirements can be met with Shopify surcharge apps like Magical Product Fees that can be used to separately display mattress recycling fees on the product, cart, and checkout page, and invoices to meet all of Connecticut’s legal requirements.
Rhode Island
What is Rhode Island’s General Law 23-90?
Rhode Island General Law 23-90 requires the mattress industry to create and manage a statewide mattress recycling program. This program is funded through a $10 recycling fee that will be collected on all purchases of new, used and renovated mattresses and box springs. The law requires producers and importers to join the Mattress Recycling Council (MRC) in order to sell mattresses in Rhode Island.
Who is impacted by this law?
Manufacturers, retailers, and end customers who are purchasing the mattress and paying the fees.
Is it the responsibility of the retailers to charge/collect this fee?
Yes, retailers must collect the fee when selling to the end user. Manufacturers would also have to collect the fee if they are selling directly to the end customer.
What are the specific legal requirements to ensure my Mattress store is in compliance?
They must apply a flat rate regardless of mattress size and they must charge per unit where a mattress and box spring are considered separate units. They must also list on the invoice as “Recycle Fee” followed by the amount and the fee is subject to sales tax.
How to meet these requirements on shopify
These requirements can be met with Shopify surcharge apps like Magical Product Fees that can be used to separately display mattress recycling fees on the product, cart, and checkout page, and invoices to meet all of Rhode Island’s legal requirements.
Oregon
What is Oregon Senate Bill 1576?
This legislation was signed in 2022, establishing an industry-led statewide mattress recycling program. This action caps a multi-year effort by the mattress industry and other stakeholders to negotiate a practical recycling law for the state.
The law wants to do a few things: recycle more mattresses, make it easier for people to bring their old mattresses to special places in each county, stop people from throwing mattresses in the wrong places, and make new jobs in recycling.
Who is impacted by this law?
Retailers, manufacturers, distributors, importers, renovators. There are specific requirements they must all meet when the Mattress Recycling Program is launched. End users will also be impacted by incurring the cost of the fee that will be applied to mattresses and foundations.
Is it the responsibility of the retailers to charge/collect this fee?
For retailers in Oregon, it is their obligation to include a “mattress stewardship fee” when selling mattresses and foundations to customers. This fee must be added to the purchase price of each item. The retailers are then responsible for remitting the collected fees to the Mattress Recycling Council (MRC) on a monthly basis.
Keep in mind that the fee is a flat rate fee that is applied to the mattress and foundation separately, not as one unit.
What are the specific legal requirements to ensure my Mattress store is in compliance?
Retailers in Oregon are required to do the following:
Register with the Mattress Recycling Council (MRC) Program.
Retailers can legally only purchase or offer for sale products and brands from registered manufacturers, distributors, importers, or renovators.
Retailers must describe the fee on the receipt or other sales documentation provided to the customer as a “recycling assessment” or “recycling fee”
As a retailer, it’s your job to let customers know about ways to recycle their old mattresses when they come to buy a new one. You can give them information about the different options for collecting and recycling their old mattresses. There’s a special program called Bye Bye Mattress that helps people understand the fee and the good things about recycling mattresses. The program also offers materials you can use for free to tell customers about it when they’re buying from your store.
What is the amount for the “Mattress Stewardship Fee”?
This fee has not been decided yet and the Mattress Recycling Council (MRC) will submit a plan by October 1, 2023 to launch the program in 2024. The fee amount is pending approval of this plan.
How to meet these requirements on Shopify
Once this program is launched, retailers can meet these requirements by using third-party Shopify surcharge apps like Magical Product Fees that can be used to separately display mattress recycling fees on the product, cart, and checkout page, and invoices to meet all of Oregon’s legal requirements.
Minnesota
Bill HF 2361 passed in 2021 but no actual program was set up yet. Legislation looks very similar to the other 4 states and the program is set to be coordinated by the Mattress Recycling Council (MRC).
Magical Product Fees
The Magical Product Fees app is a fast and easy way to build, customize, and attach fees to products or entire orders.