Bill Text: NJ A1139 | 2016-2017 | Regular Session | Amended
Bill Title: Prohibits sale of unsafe supplemental mattresses designed for children's products.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Enrolled - Dead) 2017-07-31 - Conditional Veto, Received in the Assembly [A1139 Detail]
Download: New_Jersey-2016-A1139-Amended.html
ASSEMBLY, No. 1139
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman JAMEL C. HOLLEY
District 20 (Union)
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Assemblywoman NANCY F. MUNOZ
District 21 (Morris, Somerset and Union)
Assemblyman JAMES J. KENNEDY
District 22 (Middlesex, Somerset and Union)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
Assemblyman BENJIE E. WIMBERLY
District 35 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Eustace
SYNOPSIS
Prohibits sale of unsafe supplemental mattresses designed for children's products.
CURRENT VERSION OF TEXT
As reported by the Senate Budget and Appropriations Committee on June 15, 2017, with amendments.
An Act concerning children's products and amending P.L.2007, c.124 (C.56:8-53.1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2007, c.124 (C.56:8-53.1) is amended to read as follows:
1. As used in this act:
"Child" means a person less than 14 years of age.
"Children's product" means a product, including, but not limited to, a full-size 1baby1 crib, non-full-size 1baby1 crib, toddler bed, bed, supplemental mattress, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller, walker, swing, or toy or play equipment, that meets the following criteria:
a. the product is designed or intended for the care of, or use by, a child; or
b. the product is designed or intended to come into contact with a child while the product is used.
Notwithstanding any other provision of this section to the contrary, a product is not a "children's product" for the purposes of this act if it may be used by or for the care of a child, but it is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or for the care of a child, or it is a balloon, medication, drug, or food or is intended to be ingested.
"Commercial user" means any person who deals in children's products or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to children's products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce children's products.
"Crib" means a bed or containment designed to accommodate an infant.
"Full-size 1baby1 crib" means a full-size 1baby1 crib as defined in 1[Sections 1508.1 and 1508.3 of title 16, Code of Federal Regulations] 16 C.F.R. s.1219.11 regarding the requirements for full-size 1baby1 cribs.
"Non-full-size 1baby1 crib" means a non-full-size 1baby1 crib as defined in 1[Section 1509.2 of title 16, Code of Federal Regulations] 16 C.F.R. s.1220.11 regarding the requirements of non-full-sized 1baby1 cribs.
"Place in the stream of commerce" means to sell, offer for sale, give away, offer to give away, or allow the use of.
"Supplemental mattress" means a mattress sold separately from any other children's product and excludes a replacement mattress offered or sold by a manufacturer as 1[a] an identical1 replacement part for the mattress originally included with a 1non-full-size baby1 crib, play pen, or play yard.
(cf: P.L.2007, c.124, s.1)
2. Section 2 of P.L.2007, c.124 (C.56:8-53.2) is amended to read as follows:
2. a. It shall be an unlawful practice for any commercial user to knowingly 1[remanufacture, retrofit,]1 sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product deemed unsafe in accordance with this section.
b. A children's product is deemed to be unsafe for purposes of this section if it meets any of the following criteria:
(1) it has been recalled for any reason by a federal agency or the product's manufacturer, distributor, or importer and the recall has not been rescinded; or
(2) a federal agency has issued a warning or advisory that a specific product's intended use constitutes a safety hazard and the warning or advisory has not been rescinded.
c. Supplemental mattresses marketed for and intended to be used with 1non-full-size baby1 cribs, play pens, and play yards with non-rigid sides shall be deemed to be unsafe for the purposes of this section 1[unless the United States Consumer Product Safety Commission determines them to be safe for the care of, or use by, a child]1.
(cf: P.L.2007, c.124, s.2)
3. Section 4 of P.L.2007, c.124 (C.56:8-53.4) is amended to read as follows:
4. A children's product deemed unsafe in accordance with P.L.2007, c.124 (C.56:8-53.1 et al.) as a result of a recall or a warning or advisory issued by a federal agency, may be retrofitted by the manufacturer if the retrofit has been approved by the federal agency issuing the recall or the warning or advisory or another federal agency with the authority to approve the retrofit. A retrofitted children's product may be placed in the stream of commerce. A commercial user is responsible for maintaining a record of any notice provided by the manufacturer concerning a retrofitted children's product stating that the retrofit has been approved by the federal agency issuing the recall or the warning or advisory or another federal agency with the authority to approve the retrofit.
(cf: P.L.2007, c.124, s.4)
4. This act shall take effect immediately.
