Bill Text: NJ A5037 | 2018-2019 | Regular Session | Introduced
Bill Title: Enhances penalties related to counterfeit drugs.
Spectrum: Moderate Partisan Bill (Democrat 10-2)
Status: (Passed) 2020-01-13 - Approved P.L.2019, c.339. [A5037 Detail]
Download: New_Jersey-2018-A5037-Introduced.html
Sponsored by:
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Enhances penalties related to counterfeit drugs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning counterfeit drugs, and supplementing Title 2C of the New Jersey Statutes and Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section, "counterfeit drug" means a drug or the container or labeling of a drug, that, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device or any likeness thereof of a drug manufacturer, processor, packer, or distributor other than the person who in fact manufactured, processed, packed, or distributed the drug and that falsely purports or is represented to be the product of, or to have been packed or distributed by, the drug manufacturer, processor, packer, or distributor whose trademark, trade name, or other identifying mark, imprint, or device or likeness thereof appears on the drug or its container or labeling.
b. Notwithstanding any provision of law to the contrary, it is unlawful for any person to knowingly possess, sell, dispense, give, receive, or administer a counterfeit drug, an adulterated drug, or a misbranded drug.
c. A violation of this section shall be a crime of the second degree.
d. In addition to penalties that may be imposed under subsection c. of this section, a violation of this section shall be punishable by a civil fine of not less than one thousand dollars and not more than ten thousand dollars for each violation. Fines imposed and paid pursuant to this subsection shall be deposited in the General Fund.
e. Any person convicted of an offense under this section shall be ineligible, either directly or indirectly, to submit a bid, enter into any contract, or to conduct any business with any board, agency, authority, department, commission, public corporation, or other body of this State, of this or one or more other states, or of one or more political subdivisions of this State. It is the purpose of this subsection to bar any individual convicted of any of the above enumerated offenses and any business, including any corporation, partnership, association or proprietorship in which such individual is a principal, or with respect to which such individual owns, directly or indirectly, or controls five percent or more of the stock or other equity interest of such business, from conducting business with public entities in this State.
f. The Department of Law and Public Safety shall publish on its Internet website a list of individuals convicted pursuant to this section.
2. a. An individual who received his or her professional certification or license pursuant to Title 45 of the Revised Statutes shall have that certification or license revoked by the corresponding board, specified in section 2 of P.L.1978, c.73 (C.45:1-15), following a conviction pursuant to section 1 of this act, for a period of time to be determined by that board.
b. The State Board of Pharmacy, in consultation with the Department of Law and Public Safety, shall publish on its Internet website a list of individuals licensed by the board who have been convicted pursuant to section 1 of this act, and adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), listing the individuals licensed by the board who have been convicted pursuant to section 1 of this act.
c. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a board, specified in section 2 of P.L.1978, c.73 (C.45:1-15), may adopt rules and regulations to effectuate the provisions of this act.
3. This act shall take effect on the 180th day after the date of enactment.
STATEMENT
This bill enhances penalties related to counterfeit drugs. The bill provides that it is unlawful for any person to knowingly possess, sell, dispense, give, receive, or administer a counterfeit drug, an adulterated drug, or a misbranded drug. A violation of the bill's provisions is to be a crime of the second degree and is to be punishable by a civil fine of not less than one thousand dollars and not more than ten thousand dollars for each violation. Fines imposed and paid pursuant to this bill are to be deposited in the General Fund.
Additionally, the Department of Law and Public Safety (department) is to publish on its Internet website a list of individuals convicted under this bill for a period of time to be determined by the department.
Under the bill, any person convicted of an offense under this bill is to be ineligible, either directly or indirectly, to submit a bid, enter into any contract, or to conduct any business with any board, agency, authority, department, commission, public corporation, or other body of this State, of this or one or more other states, or of one or more political subdivisions of this State. It is the purpose of this bill to bar any individual convicted of any of the above enumerated offenses and any business, including any corporation, partnership, association or proprietorship in which such individual is a principal, or with respect to which such individual owns, directly or indirectly, or controls five percent or more of the stock or other equity interest of such business, from conducting business with public entities in this State.
The bill provides that an individual who received his or her professional certification or license pursuant to Title 45 of the Revised Statutes is to have that certification or license revoked by the corresponding board, specified in section 2 of P.L.1978, c.73 (C.45:1-15), following a conviction under this bill, for a period of time to be determined by that board.
Under the bill, the State Board of Pharmacy, in consultation with the Department of Law and Public Safety, is to publish on its Internet website a list of individuals licensed by the board who have been convicted pursuant to section 1 of this act, and adopt regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), listing the individuals licensed by the board who have been convicted pursuant to section 1 of this act.
