Bill Text: NJ A5037 | 2018-2019 | Regular Session | Amended


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-Amended.html

[First Reprint]

ASSEMBLY, No. 5037

STATE OF NEW JERSEY

218th LEGISLATURE

INTRODUCED FEBRUARY 14, 2019

 


 

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 reported by the Assembly Law and Public Safety Committee on March 7, 2019, with amendments.

 


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 1[one thousand dollars] $1,0001 and not more than 1[ten thousand dollars] $10,0001 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 1[to]1 conduct 1[any]1 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 1[bar] prohibit1 any individual convicted 1[of any of the above enumerated offenses] pursuant to this section1 and any business, including any corporation, partnership, association or proprietorship in which 1[such] the1 individual is a principal, or with respect to which 1[such] the1 individual owns, directly or indirectly, or controls five percent or more of the stock or other equity interest of 1[such] the1 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 1[his or her] a1 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 1[this act] P.L.     , c.    (C.        ) (pending before the Legislature as this bill)1, 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 1[this act] P.L.     , c.    (C.        ) (pending before the Legislature as this bill)1, 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 1[this act] P.L.     , c.    (C.        ) (pending before the Legislature as this bill)1.

      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 1[this act] P.L.     , c.    (C.        ) (pending before the Legislature as this bill)1.

 

     3.    This act shall take effect on the 180th day after the date of enactment.

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