Bill Text: NJ A3893 | 2016-2017 | Regular Session | Introduced
Bill Title: Requires labeling of poisonous plants sold at retail in NJ.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2016-06-16 - Introduced, Referred to Assembly Consumer Affairs Committee [A3893 Detail]
Download: New_Jersey-2016-A3893-Introduced.html
Sponsored by:
Assemblyman SCOTT T. RUMANA
District 40 (Bergen, Essex, Morris and Passaic)
SYNOPSIS
Requires labeling of poisonous plants sold at retail in NJ.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of poisonous plants 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. a. Any poisonous plant sold, offered for sale, or distributed at retail in the State shall include: (1) a label to warn consumers that the plant contains toxins that may be harmful to people or animals if touched or swallowed; and (2) instructions for proper handling of the plant so as to avoid exposure to the plant's toxins. The label and instructions shall be displayed in a manner that is conspicuous and easily understandable to consumers.
b. (1) It shall be an unlawful practice to knowingly sell, offer for sale, or distribute at retail in the State any poisonous plant without the warning label or instructions required pursuant to subsection a. of this section.
(2) Notwithstanding the provisions of section 1 of P.L.1966, c.39 (C.56:8-13) to the contrary, a person who violates this section shall be liable for the following penalties:
(a) for a first offense, a penalty of $200;
(b) for a second offense, a penalty of $400; and
(c) for a third or subsequent offense, a penalty of up to $1,000.
Each day during which the violation continues shall constitute an additional, separate, and distinct offense.
c. The Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Department of Agriculture, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement the provisions of this section, including a list of poisonous plants commonly sold in the State. The rules and regulations may also include the development of a standard warning that may be placed on all poisonous plants and directions for the proper handling of certain poisonous plants.
d. The Division of Consumer Affairs and the Department of Agriculture shall publish on their respective Internet websites the list of poisonous plants, as well as any standard warnings and instructions developed pursuant to subsection c. of this section.
e. For the purposes of this section, "poisonous plant" means a plant that, when touched or swallowed in sufficient quantity, can be harmful or fatal to people or animals.
2. This act shall take effect
on the first day of the sixth month next following the date of enactment.
STATEMENT
This bill would require the labeling of poisonous plants sold at retail in the State.
Specifically, the bill would require that any poisonous plant sold, offered for sale, or distributed at retail in the State include: (1) a label to warn consumers that the plant contains toxins that may be harmful to people or animals if touched or swallowed; and (2) instructions for proper handling of the plant so as to avoid exposure to the plant's toxins. The label and instructions must be displayed in a manner that is conspicuous and easily understandable to consumers. Under the bill, it would be deemed an unlawful practice and a violation of the New Jersey consumer fraud act to knowingly sell, offer for sale, or distribute at retail in the State any poisonous plant without the label or instructions required by the bill. Violators would be subject to a penalty of $200 for a first offense, $400 for a second offense, and up to $1,000 for a third or subsequent offense. Each day during which the violation continues would constitute a separate offense.
The Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Department of Agriculture, would be responsible for adopting regulations necessary to implement the bill, including a list of poisonous plants commonly sold in the State. Those regulations may also include a standard warning that may be placed on all poisonous plants and directions for the proper handling of certain poisonous plants. The Division of Consumer Affairs and the Department of Agriculture would publish, on their respective Internet websites, the list of poisonous plants, as well as any standard warnings and instructions developed.
