Bill Text: NJ S2139 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires food and ingredients to be labeled with FDA approval status.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-06-09 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2139 Detail]
Download: New_Jersey-2014-S2139-Introduced.html
Sponsored by:
Senator PETER J. BARNES, III
District 18 (Middlesex)
SYNOPSIS
Requires food and ingredients to be labeled with FDA approval status.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring the labeling of certain food and supplementing Title 24 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A manufacturer or producer of any food distributed, sold, or offered for sale in this State shall, whenever applicable, include on its label information indicating whether the food or any ingredient contained therein has been approved or not approved, or is pending approval, by the United States Food and Drug Administration. The information on the label shall be displayed in a manner that is conspicuous and easily understandable to consumers.
b. (1) Any food containing an ingredient that has been approved or not approved, or is pending approval, by the United States Food and Drug Administration, and that is not labeled in accordance with this act shall be considered to be misbranded in violation of the provisions of R.S.24:5-1 et seq. The Commissioner of Health may order the correction of a food label that is determined to be misbranded pursuant to this paragraph, and any such order shall be complied with during the time specified thereby.
(2) The Commissioner of Health may conduct any investigation necessary to verify the accuracy of the information on the label pursuant to this act.
(3) Any manufacturer or producer who misbrands a food as provided in this subsection 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;
(c) for a third or subsequent offense, a penalty of $1,000.
Any penalties imposed under this subsection shall be recovered in accordance with the provisions of R.S.24:17-1 et seq.
c. The Commissioner of Health shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement this act.
d. As used in this section:
"Label" means a display of written, printed, or graphic matter that appears on a food or on a food's immediate wrapper, container, or package, or that otherwise accompanies a food at the time of its distribution or sale.
2. This act shall take effect on the first day of the sixth month following enactment.
STATEMENT
This bill requires manufacturers and producers who distribute, sell, and offer for sale in this State food to include on its label whether the food, or the ingredients contained therein, is approved, not-approved, or pending approval, by the United States Food and Drug Administration (FDA), whenever applicable.
Any food containing an ingredient that has been approved or not approved, or is pending approval, by the FDA, and that is not labeled in accordance with this bill would be considered to be misbranded, and the Commissioner of Health may order its correction. Any manufacturer or producer who misbrands a food would be liable for a penalty of: $200 for a first offense; $400 for a second offense; and $1,000 for a subsequent offense. The penalties imposed are to be recovered in a civil action in accordance with the provisions of R.S.24:17-1 et seq.
