Is it Legal to Sell a Used Mattress? A State-by-State Guide

Buying a used mattress may be inconceivable for most people with the general consensus being that they are dirty and unhealthy. But, this is not always the case. Buying a used mattress or a mattress made with used fillings could save you money and be environmentally friendly. 

Selling used mattresses law varies state-by-state. Some states have an outright ban on selling used mattresses, and others allow it on the strict condition that the mattress is sanitized before the sale.  Federal law requires mattress resellers to label the mattress as being used. This ensures you’re buying a clean used mattress that is healthy and comfortable.  

The laws and regulations for selling and buying a used mattress vary from state to state

Table of Contents 

  • Federal Laws on Selling Used Mattresses 
  • Red and Yellow Labels & What They mean (Does not Apply for Individuals Seling Mattresses) 
  • Federal Flammability Standard
  • State Laws on Selling Used Mattresses 
  • State-by-State Guide to Selling Used Mattresses 
  • Conclusion  

Federal Laws on Selling Used Mattresses 

The laws and regulations for selling and buying a used mattress vary from state to state. 

Legal considerations to consider before buying a used mattress:

  • Cleaning: Some states allow old mattresses to be sold as long as they are sanitized or disinfected in some way before the sale
  • Labeling: Some states have labeling requirements or the sale of used mattresses (sometimes red or yellow) 
  • Filling: In some states, only certain parts of a mattress such as the springs can be reused or sold   
  • Tagging: Federal law in some states require that the used mattress displays a color-coded tag to highlight its condition. If the mattress contains recycled materials or has been correctly sanitized (this does not apply to an individual selling a used mattress to another individual

Red and Yellow Labels & What They mean (Does not Apply for Individuals Seling Mattresses) 

  • Yellow Tag: the mattress has been sanitized
  • Red Tag: the mattress contains used material, typically the filling
  • Business or Retailers Only - not required for individual to individual sales 
  • Check Your State Law: to sell used mattresses the rules differ from state to state so check yours before buying  

Federal flammability standards have been in effect since July 2007 and ensure the mattress is made of materials that are not as easily flammable

Federal Flammability Standard

Federal flammability standards have been in effect since July 2007 and ensure the mattress is made of materials that are not as easily flammable. The mattress must not exceed 200 kW peak heat in the first 30 minutes of safety tests. This makes mattress fires less likely and enures a fire does not spread as quickly if one occurred. Your used mattress must meet the federal flammability standard.

State Laws on Selling Used Mattresses 

Is selling mattresses illegal? California prohibits the sale of mattress with visible stains. In Texas, the used mattress must be cleaned and has a tag to indicate the mattress is used. Individuals in New York can buy a used mattress. State law differs in every state, contact your local department of health for full details on selling used mattresses law.  

State-by-State Guide to Selling Used Mattresses 

*Disclaimer: contact your local department of health as regulations on used mattresses could change. 

  1. Is it illegal to sell a used mattress in Alabama - AL: No, it is illegal to claim a used mattress is new. 
  2. Is it illegal to sell a used mattress in Alaska - AK: Contact your local department of health.
  3. Is it illegal to sell a used mattress in Arizona - AZ: No, but used mattress must be sanitized before sale. 
  4. Is it illegal to sell a used mattress in Arkansas - AR: No, it is illegal to claim a used mattress is new. 
  5. Is it illegal to sell a used mattress in California - CA: No, unless mattress has visible stains 
  6. Is it illegal to sell a used mattress in Colorado - CO: No, but used mattress must be sanitized before sale.
  7. Is it illegal to sell a used mattress in Connecticut - CT: No, but used mattress must be sanitized and correctly labeled. 
  8. Is it illegal to sell a used mattress in Delaware - DE: No, but used mattress must be sanitized before sale.
  9. Is it illegal to sell a used mattress in Florida - FL: No, but used mattress must be sanitized before sale.
  10.  Is it illegal to sell a used mattress in Georgia - GA: No, but used filling must be labeled.
  11.  Is it illegal to sell a used mattress in Hawaii - HI: No, but condition of materials must be clearly labeled. 
  12.  Is it illegal to sell a used mattress in Idaho - ID: Contact your local department of health.
  13.  Is it illegal to sell a used mattress in Illinois - IL: No, but the condition must be clearly labeled. 
  14.  Is it illegal to sell a used mattress in Indiana - IN: Yes, for a retailer but not for an individual.
  15.  Is it illegal to sell a used mattress in Iowa - IA: No, but the condition must be clearly labeled. 
  16.  Is it illegal to sell a used mattress in Kansas - KS: Yes.
  17.  Is it illegal to sell a used mattress in Kentucky - KY: No, but the condition must be clearly labeled. 
  18.  Is it illegal to sell a used mattress in Louisiana - LA: Yes, for a retailer but not for an individual.
  19.  Is it illegal to sell a used mattress in Maine - ME: Contact your local department of health.
  20.  Is it illegal to sell a used mattress in Maryland - MD: Yes, for a retailer but not for an individual.
  21.  Is it illegal to sell a used mattress in Massachusetts - MA: No, but the condition must be clearly labeled. 
  22.  Is it illegal to sell a used mattress in Michigan - MI: No, but the condition must be clearly labeled.
  23.  Is it illegal to sell a used mattress in Minnesota - MN: No, but used mattress must be sanitized before sale.
  24.  Is it illegal to sell a used mattress in Mississippi - MS: No, but the condition must be clearly labeled. 
  25. Is it illegal to sell a used mattress in Missouri - MO: No, but the condition must be clearly labeled.
  26. Is it illegal to sell a used mattress in Montana - MT: No, but the condition must be clearly labeled.
  27. Is it illegal to sell a used mattress in Nebraska - NE: Now law on selling used mattresses.
  28. Is it illegal to sell a used mattress in Nevada - NV: No, but used mattress must be sanitized before sale.
  29. Is it illegal to sell a used mattress in New Hampshire - NH: Contact your local department of health.
  30. Is it illegal to sell a used mattress in New Jersey - NJ: No, but used mattress must be sanitized before sale.
  31. Is it illegal to sell a used mattress in New Mexico - NM: No, but used mattress must be sanitized before sale. 
  32. Is it illegal to sell a used mattress in New York - NY: No, retailers need a special license. 
  33. Is it illegal to sell a used mattress in North Carolina - NC: No, but used mattress must be sanitized before sale.
  34. Is it illegal to sell a used mattress in North Dakota - ND: Contact your local department of health.
  35. Is it illegal to sell a used mattress in Ohio - OH: No, but the condition must be clearly labeled.
  36. Is it illegal to sell a used mattress in Oklahoma - OK: Contact your local department of health.
  37. Is it illegal to sell a used mattress in Oregon - OR: No, but the condition must be clearly labeled.
  38. Is it illegal to sell a used mattress in Pennsylvania - PA: No, but the condition must be clearly labeled.
  39. Is it illegal to sell a used mattress in Rhode Island - RI: Contact your local department of health.
  40. Is it illegal to sell a used mattress in South Carolina - SC: No, but used mattress must be sanitized before sale. 
  41. Is it illegal to sell a used mattress in South Dakota - SD: Contact your local department of health.
  42. Is it illegal to sell a used mattress in Tennessee - TN: No, but the condition must be clearly labeled. 
  43. Is it illegal to sell a used mattress in Texas - TX: No, but must be sanitized and clearly labeled. 
  44. Is it illegal to sell a used mattress in Utah - UT: No, but the condition must be clearly labeled.
  45. Is it illegal to sell a used mattress in Vermont - VT: No, it is illegal to claim a used mattress is new. 
  46. Is it illegal to sell a used mattress in Virginia - VA: No, but used mattress must be sanitized before sale. 
  47. Is it illegal to sell a used mattress in Washington - WA: Yes, for a retailer but not for an individual.
  48. Is it illegal to sell a used mattress in West Virginia - WV: No, but the condition must be clearly labeled.
  49. Is it illegal to sell a used mattress in Wisconsin - WI: No, but the condition must be clearly labeled.
  50. Is it illegal to sell a used mattress in Wyoming - WY: Contact your local department of health.

Many people consider buying a used mattress to be unsanitary, but, a mattress that is removed from its packaging and has not been slept on is considered used

Conclusion  

In many states, the law for retailers to sell used mattresses typically expects used mattresses to be clearly labeled. Contact your local department of health for current legislation on selling used mattresses law as it could change as time goes on. 

Many people consider buying a used mattress to be unsanitary, but, a mattress that is removed from its packaging and has not been slept on is considered used. A used mattress that has been professionally sanitized and clearly labeled could provide a clean and comfortable sleep space if you’re keen to save a little money. 

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Can you Sell a Mattress?

Regulations on selling a used mattress for retailers are typically quite stringent. The mattress must be clearly labeled and sanitized. For an individual who is selling a used mattress to another individual is typically not regulated and up to the consumer to decide if buying a used mattress is suitable for them.  

Can you Sell a Used Mattress?

An individual can sell a used mattress to another individual. However, a retailer must clearly label a used mattress if it contains any used materials. A mattress can be labeled used if it’s removed from its packaging and not been slept on. A used mattress, as long as it’s sanitized, could be comfortable and save you money. 

Is it Legal to Sell a Used Mattress?

The regulations for the sale of used mattresses typically just apply to retailers. A retailer selling a mattress that contains recycled materials must be clearly labeled. An individual can buy a used mattress from another individual but it is advised to ensure the mattress is sanitized before buying to ensure a clean sleep space. 

Can you Sell a Used Mattress in California? 

California prohibits the sale of a used mattress with visible stains. When buying a used mattress from an individual it is advisable to ensure the mattress is sanitized before buying. A used mattress could provide a comfy sleep space and save you money. Many online retailers offer great discounts on new mattresses which could be another option.