Bill Text: NJ S226 | 2024-2025 | Regular Session | Amended

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Bill Title: Prohibits use by certain retailers of shipping box greater than two times volume of product being shipped.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2024-06-28 - Received in the Assembly, Referred to Assembly Commerce, Economic Development and Agriculture Committee [S226 Detail]

Download: New_Jersey-2024-S226-Amended.html

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[First Reprint]

SENATE, No. 226

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 

 

Sponsored by:

Senator  BOB SMITH

District 17 (Middlesex and Somerset)

Senator  JOHN F. MCKEON

District 27 (Essex and Passaic)

 

 

 

 

SYNOPSIS

     Prohibits use by certain retailers of shipping box greater than two times volume of product being shipped.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Environment and Energy Committee on May 13, 2024, with amendments.

  

An Act concerning the size of shipping boxes utilized by certain retailers to ship products to consumers and supplementing Title 13 of the Revised Statues.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1.  a.  Beginning six months after the effective date of this section, no large online retailer or major retailer in the State shall utilize a shipping box to ship a product to a consumer that is greater than two times the volume of the product being shipped ¹, except that the shipping box shall conform to any minimum size requirements established by the United States Postal Service, or a private shipping company, as applicable¹ .

      b.  Any large online retailer or major retailer that violates the provisions of this section shall be subject to a civil penalty of not less than $250 nor more than $500 for each offense, to be collected in a civil action by summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested.  If the violation is of a continuing nature, each day during which the violation continues shall constitute an additional, separate, and distinct offense.  The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section.

      c.  The Department of Environmental Protection, the Division of Consumer Affairs in the Department of Law and Public Safety, a county, a municipality, or any entity certified pursuant to the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.), may institute a civil action for a civil penalty or injunctive relief to enforce the provisions of this section or prohibit and prevent a violation thereof, and the court may proceed in the action in a summary manner.

      d.  ¹The provisions of this section shall not apply to a consumer electronics product.

      e.¹  As used in this section:

      "Consumer" means a person present in New Jersey who purchases merchandise at retail for personal use and not for purposes of resale.

      ¹"Consumer electronics product" means any electronic device used in the home or business that includes circuitry, including the components and sub-assemblies that collectively make up the product.  "Consumer electronics product" shall include, but not be limited to, a computer, printer, copier, stereo, television, or telecommunications device.¹

      "Large online retailer" means a business that sells goods over the internet, sends goods by mail or parcel delivery, and has annual gross sales equal to or greater than one million dollars in or into the State.

      "Major retailer" means a retail establishment that occupies at least 75,000 square feet and has 50 or more employees.

     "Shipping box" means a cardboard or corrugated container that has a flat base and sides and is utilized by retailers to ship products to consumers by mail.

 

     2.    This act shall take effect immediately.