Bill Text: NJ A1357 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits sale of candy that resembles a tobacco product.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Consumer Affairs Committee [A1357 Detail]
Download: New_Jersey-2010-A1357-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
SYNOPSIS
Prohibits sale of candy that resembles a tobacco product.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the sale or distribution of certain candies 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, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, distribute for commercial purpose at no cost or minimal cost, give or furnish, to a person any food, candy, or confectionary product that is packaged or otherwise designed to resemble in its appearance a tobacco product.
As used in this act, "tobacco product" means: cigarettes or cigars made of tobacco or of any other matter or substance which can be smoked; or tobacco in any other form, including smokeless tobacco.
b. A person who violates the provisions of subsection a. of this section shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation. 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.
2. This act shall take effect on the 60th day after enactment.
STATEMENT
This bill prohibits the sale or furnishing to a person of any food, candy, or confectionary product that is packaged or otherwise designed to resemble in its appearance a tobacco product.
The bill defines "tobacco product" to mean: cigarettes or cigars made of tobacco or of any other matter or substance which can be smoked; or tobacco in any other form, including smokeless tobacco.
A person who violates the provisions of the bill is liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation, to be collected pursuant to the "Penalty Enforcement Law of 1999," in a summary proceeding before the municipal court having jurisdiction. A health or law enforcement officer having enforcement authority in that municipality may issue a summons for a violation. The penalty is to be recovered by and in the name of the State by the local health agency, and paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
The bill takes effect on the 60th day after enactment.
