Bill Text: NJ S664 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits sale of products containing dextromethorphan to minors under 18 years of age.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S664 Detail]
Download: New_Jersey-2010-S664-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator BARBARA BUONO
District 18 (Middlesex)
Senator THOMAS H. KEAN, JR.
District 21 (Essex, Morris, Somerset and Union)
Co-Sponsored by:
Senator Turner
SYNOPSIS
Prohibits sale of products containing dextromethorphan to minors under 18 years of age.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the sale of dextromethorphan to minors and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No person, either directly or indirectly by an agent or employee, shall sell or offer to sell to a person under 18 years of age any product containing dextromethorphan.
b. The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to subsection a. of this section:
(1) that the purchaser of the product falsely represented, by producing either a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission , a similar card issued pursuant to the laws of another state or the federal government or Canada, or a photographic identification card issued by a county clerk, that the purchaser was of legal age to make the purchase;
(2) that the appearance of the purchaser of the product was such that an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and
(3) that the sale of the product was made in good faith, relying upon the production of the identification set forth in paragraph (1) of this subsection, the appearance of the purchaser, and in the reasonable belief that the purchaser was of legal age to make the purchase.
c. A person who violates the provisions of subsection a. of this section, including an employee of a retail establishment who actually sells a product containing dextromethorphan to a person under 18 years of age, shall be liable to a civil penalty of not more than $250 for a first violation, not more than $500 for a second violation, and not more than $1,000 for a third and each subsequent violation. In the case of a retail establishment that is part of a chain with two or more locations in the State, the violation shall be assessed against the particular retail establishment and not the chain. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
d. The provisions of this act shall not apply to any prescription medication containing dextromethorphan that is dispensed by a pharmacist pursuant to a valid prescription.
2. This act shall take effect on the 90th day after enactment.
STATEMENT
This bill would prohibit the sale of, or offer to sell, any product containing dextromethorphan to a person under 18 years of age.
Specifically, the bill provides as follows:
· No person, either directly or indirectly by an agent or employee, shall sell or offer to sell to a person under 18 years of age any product containing dextromethorphan.
· The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to this bill:
-- that the purchaser of the product falsely represented, by producing either a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission or a similar card issued pursuant to the laws of another state or the federal government or Canada, or a photographic identification issued by a county clerk, that the purchaser was of legal age to make the purchase;
-- that the appearance of the purchaser of the product was such that an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and
-- that the sale of the product was made in good faith, relying upon the production of identification as described in the bill, the appearance of the purchaser, and in the reasonable belief that the purchaser was of legal age to make the purchase.
· A person who violates the provisions of this bill, including an employee of a retail establishment who actually sells a product containing dextromethorphan to a person under 18 years of age, shall be liable to a civil penalty of not more than $250 for a first violation, not more than $500 for a second violation, and not more than $1,000 for a third and each subsequent violation. In the case of a retail establishment that is part of a chain with two or more locations in the State, the violation shall be assessed against the particular retail establishment and not the chain. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation, and may serve and execute all process with respect to the enforcement of this bill consistent with the Rules of Court. A penalty recovered under the provisions of this bill shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
· The provisions of this bill shall not apply to any prescription medication containing dextromethorphan that is dispensed by a pharmacist pursuant to a valid prescription.
· The bill takes effect on the 90th day after enactment.
The purpose of the bill is to address the problem of abuse by teenagers of various over-the-counter cold remedies which, when taken in sufficient doses, can produce hallucinogenic effects and have been reported to cause permanent brain damage, coma, and even death.
