Have you recently invested in a new mattress? If so, you might be wondering what to do with your old one. Can you sell it? Is it even legal? In this post, we’ll cover everything you need to know about the laws surrounding reselling pre-owned mattresses in the United States.
Is it Illegal to Sell Used Mattresses?
The short answer is no. In most states, it is perfectly legal to sell a used mattress; however, there are some exceptions. Certain conditions need to be met to comply with the rules, and not all mattresses will meet the necessary regulatory requirements.
There are two sets of regulations regarding the resale of mattresses in the US; state law, and federal law.
Before we delve into the different state laws, let’s look at the federal regulations for reselling used mattresses.
Federal Law
In some areas of the US, federal law requires used mattresses to be labeled with color-coded tags (usually red and yellow.) These tags show the condition of the mattress and whether or not it has been sanitized.
Red and yellow tags are not necessary when an individual sells a used mattress to another individual, but retailers must adhere to these regulations to be compliant with the law. If you’re shopping for a used mattress, be sure to check for these red and yellow labels before purchasing.
Here’s what the labels mean:
- Red label: Red label signifies that the mattress is used or that it contains used or recycled materials, e.g., the stuffing or the springs.
- Yellow label: It signifies that the used mattress has been professionally sanitized.
- White label: White labels are only present on brand-new mattresses constructed exclusively from new materials.
This labeling system helps buyers to know what they are purchasing and feel confident that their used mattress is stain free, with no mites, bed bugs, dust, or dirt.
Federal Flammability Standards
The federal flammability standards are designed to ensure that all mattresses are constructed using fire-safe materials that do not easily combust. All new and used mattresses must meet the federal flammability standard. So, check the labeling on your mattress to see if the federal flammability standard certificate is present.
State Law
Many states require all pre-owned mattresses to be clearly labeled. Others require that they be sanitized by a professional before being put up for sale.
In Kansas, selling a used mattress is actually illegal. However, businesses and individuals work around this ban by advertising pre-owned mattresses as a bed frame ‘accessory,’ which is allowed by law.
At the other end of the legality scale, some states (e.g., Nebraska) have little to no regulations at all. This means retailers and members of the public can sell mattresses in any condition to anyone willing to buy them.
Below, you’ll find a list of the current regulations surrounding the reselling of second-hand mattresses across all 50 states. Keep in mind that most of the following state laws aren’t routinely applied to individuals. Instead, they are aimed at retailers and other businesses.
However, it is still important to adhere to ethical considerations when selling your old mattress. For example, always ensure it is properly sanitized and that the buyer knows it’s used.
So, with that said, let’s look at the regulations across America and see how your state stacks up.
- Alabama: Selling a used mattress is legal, but it must be clearly advertised as used.
- Alaska: Contact the local public department of health for up-to-date guidance.
- Arizona: Selling a used mattress is legal, but it must be sufficiently sanitized before being sold.
- Arkansas: Selling a used mattress is legal, but it must be clearly advertised as used.
- California: Selling a used mattress is legal unless it has visible stains.
- Colorado: Selling a used mattress is legal, but it must be sufficiently sanitized before being sold.
- Connecticut: Selling a used mattress is legal, but it must be sufficiently sanitized and clearly advertised as used.
- Delaware: Selling a used mattress is legal, but it must be sufficiently sanitized before being sold.
- Florida: Selling a used mattress is legal, but it must be sufficiently sanitized before being sold.
- Georgia: Selling a used mattress is legal, but all components, including filling, must be labeled as used.
- Hawaii: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Idaho: Contact the local public department of health for up-to-date guidance.
- Illinois: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Indiana: Selling a used mattress is legal for individuals only and prohibited for businesses.
- Iowa: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Kansas: Selling a used mattress is illegal across the state. However, selling used bed frames and associated “accessories” is not, so many vendors use this loophole to their advantage.
- Kentucky: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Louisiana: Selling a used mattress is legal for individuals only and prohibited for businesses.
- Maine: Contact the local public department of health for up-to-date guidance.
- Maryland: Selling a used mattress is legal for individuals only, and prohibited for businesses.
- Massachusetts: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Michigan: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Minnesota: Selling a used mattress is legal, but it must be sufficiently sanitized before being sold.
- Mississippi: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Missouri: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Montana: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Nebraska: No state-level laws or regulations exist surrounding the reselling of used mattresses.
- Nevada: Selling a used mattress is legal, but it must be sufficiently sanitized before being sold.
- New Hampshire: Contact the local public department of health for up-to-date guidance.
- New Jersey: Selling a used mattress is legal, but it must be sufficiently sanitized before being sold.
- New Mexico: Selling a used mattress is legal, but it must be sufficiently sanitized before being sold.
- New York: Selling a used mattress in any condition is legal for individuals, but businesses need to apply for a special license.
- North Carolina: Selling a used mattress is legal, but it must be sufficiently sanitized before being sold.
- North Dakota: Contact the local public Department of Health for up-to-date guidance.
- Ohio: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Oklahoma: Contact the local public department of health for up-to-date guidance.
- Oregon: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Pennsylvania: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Rhode Island: Contact the local public department of Health for up-to-date guidance.
- South Carolina: Selling a used mattress is legal, but it must be sufficiently sanitized before being sold.
- South Dakota: Contact the local public Department of health for up-to-date guidance.
- Tennessee: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Texas: Selling a used mattress is legal, but the condition of all materials must be clearly labeled and sufficiently sanitized before being sold.
- Utah: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Vermont: Selling a used mattress is legal, but it must be clearly advertised as used.
- Virginia: Selling a used mattress is legal, but it must be sufficiently sanitized before being sold.
- Washington: Selling a used mattress is legal for individuals only and prohibited for businesses.
- West Virginia: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Wisconsin: Selling a used mattress is legal, but the condition of all materials must be clearly labeled.
- Wyoming: Contact the local public Department of Health for up-to-date guidance.
Selling Your Used Mattress
If your state allows retailers to sell used mattresses (check the list above) then explore your local area for used mattress stores that may be interested in purchasing your mattress. They will take care of any necessary regulations for resale, such as professional sanitizing and correct labeling.
While you may not get as high a price as you would selling directly to another individual, you’ll save yourself the time and hassle of creating listings, dealing with inquiries, and organizing collection or delivery, etc.
Other ways to sell your old mattress include advertising on sites like Craigslist and Facebook Marketplace. It’s usually free to create a listing, and you can demand a higher price than selling to a used mattress retailer.
When creating your ad, be sure to mention key details like the size and thickness of the mattress and be honest about its condition and age. Take plenty of photos in natural light, and if the mattress has regulation tags and a federal flammability standards certification, include pictures of those too.
Conclusion
If you’re an individual looking to sell a used mattress, in most states, you can. With a few exceptions, the state and federal regulations apply only to retailers and other businesses. That being said, if you’re in the market for a used mattress, it’s useful to know the guidelines retailers must follow. That way, you can be sure you’re getting a properly sanitized product that meets safety and cleanliness regulations.
