Bill Text: NJ A1775 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits sale and distribution of nail products containing dibutyl phthalates, toluene, or formaldehyde.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced, Referred to Assembly Consumer Affairs Committee [A1775 Detail]
Download: New_Jersey-2024-A1775-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
SYNOPSIS
Prohibits sale and distribution of nail products containing dibutyl phthalates, toluene, or formaldehyde.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning nail products containing dibutyl phthalates, toluene, and formaldehyde, 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. No person shall sell, offer for sale, or distribute any nail polish or nail hardener containing, composed of, or made with dibutyl phthalates, toluene, or formaldehyde.
2. Any sellor or distributor of nail polish or nail hardener that contains, is composed of, or is made with dibutyl phthalates, toluene, or formaldehyde, shall issue an immediate recall for that nail polish or nail hardener.
3. The Director of Consumer Affairs shall issue an immediate recall for any nail polish or nail hardener that the director determines contains, is composed of, or is made with dibutyl phthalates, toluene, or formaldehyde.
4. a. Within 48 hours after receiving notice from the Director of Consumer Affairs, a seller, or a distributor that any nail polish or nail hardener has been recalled because it contains, is composed of, or is made with dibutyl phthalates, toluene, or formaldehyde, a retail mercantile establishment shall remove the nail polish or nail hardener from any display and make it unavailable for purchase.
b. Within 14 business days after receiving notice from the Director of Consumer Affairs, a seller, or a distributor that any nail polish or nail hardener has been recalled because it contains, is composed of, or is made with dibutyl phthalates, toluene, or formaldehyde, a retail mercantile establishment shall return all inventory of that nail polish or nail hardener to the seller or distributor from which it was obtained, at the cost of the seller or distributor.
5. Within 60 business days
after receiving nail polish or nail hardener that has been recalled because it
contains, is composed of, or is made with dibutyl phthalates, toluene, or
formaldehyde from a retail mercantile establishment, seller or distributor
shall dispose of the nail polish or nail hardener in a manner and location
designed to remove them from access by the general public, and in accordance
with any applicable laws governing disposal of products containing dibutyl
phthalates, toluene, or formaldehyde.
6. A person who knowingly violates sections 1 through 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be guilty of an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
7. This act shall take effect on the first day of the seventh month next following the date of enactment.
STATEMENT
This bill would prohibit the sale or distribution of any nail polish or nail hardener containing, composed of, or made with dibutyl phthalates, toluene, or formaldehyde.
The bill would prohibit the sale or distribution of any nail polish or nail hardener containing, composed of, or made with the prohibited chemicals. Any seller or distributor of nail polish or nail hardener that contains the prohibited chemicals would be required to issue an immediate recall for that nail polish or nail hardener.
The Director of Consumer Affairs would be required to issue an immediate recall for any nail polish or nail hardener which the director determines contains dibutyl phthalates, toluene, or formaldehyde. A retail mercantile establishment would be required to remove the nail polish or nail hardener from any display and make it unavailable for purchase within 48 hours after receiving notice that the nail products contain the prohibited chemicals, and return the recalled nail polish or hardener to the seller or distributor within 14 days. Within 60 business days after receiving nail polish or nail hardener that has been recalled, the seller or distributor would be required to dispose of the nail polish or nail hardener in a manner and location designed to remove them from access by the general public, and in compliance with all applicable laws for disposal.
A person who knowingly violates these provisions would be guilty of an unlawful practice pursuant to the "Consumer Fraud Act." An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.
This bill would take effect on the first day of the seventh month following enactment.
