Bill Text: NJ S1925 | 2014-2015 | Regular Session | Introduced
Bill Title: The "Toxic-free Beverage Containers Act."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-28 - Introduced in the Senate, Referred to Senate Commerce Committee [S1925 Detail]
Download: New_Jersey-2014-S1925-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
The "Toxic-free Beverage Containers Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale, distribution, and manufacture of certain plastic beverage containers and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Toxic-free Beverage Containers Act."
2. The Legislature finds and declares that high levels of bisphenol A can have adverse effects on people and that bisphenol A has been shown to have hormone disrupting effects;
The Legislature further finds and declares that bisphenol A is used in many plastics and that hard reusable plastic beverage containers can leach bisphenol A into beverages; and
The Legislature therefore determines that bisphenol A is a hazardous substance and it is in the public interest to prohibit the sale, distribution, and manufacturing of hard plastic beverage containers containing bisphenol A.
3. a. No person shall sell, distribute, or manufacture any hard plastic beverage container containing bisphenol A.
b. A person shall use the least toxic alternative when replacing bisphenol A hard plastic beverage containers for the purposes of subsection a. of this section and shall not replace bisphenol A with (1) carcinogens rated by the United States Environmental Protection Agency as Group A, B, or C carcinogens, or (2) reproductive toxicants that cause birth defects, reproductive harm, or developmental harm, as identified by the United States Environmental Protection Agency.
c. For purposes of this section, "hard plastic beverage container" means a product designed or intended by the manufacturer to be used or reused as a beverage container.
4. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate the provisions of this act.
5. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Department of Environmental Protection and the Department of Health and Senior Services, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act.
6. This act shall take effect on January 1, 2013, but the Director of the Division of Consumer Affairs may take such anticipatory action as necessary to effectuate the provisions of this act.
STATEMENT
This bill, entitled "Toxic-free Beverage Containers Act," makes the sale, distribution, or manufacturing of any hard plastic beverage container an unlawful practice under the consumer fraud act if that beverage container contains bisphenol A (BPA).
Under this bill, hard plastic beverage containers sold in the State must be made with the least toxic alternative to BPA, and BPA can not be replaced with (1) carcinogens rated by the United States Environmental Protection Agency (EPA) as Group A, B, or C carcinogens, or (2) reproductive toxicants that cause birth defects, reproductive harm, or developmental harm as identified by the EPA.
A person violating this bill would be subject to the New Jersey consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), and liable for a penalty of up $10,000 for the first offense and up to $20,000 for the second offense and each subsequent offense.
In addition, a violation may result in cease and desist orders issued by the Attorney General, and the awarding of treble damages, attorneys' fees and costs of suit to the injured party.
