Bill Text: NJ S3737 | 2020-2021 | Regular Session | Introduced
Bill Title: Prohibits the sale of certain children's products containing lead, mercury, or cadmium.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-11 - Introduced in the Senate, Referred to Senate Commerce Committee [S3737 Detail]
Download: New_Jersey-2020-S3737-Introduced.html
Sponsored by:
Senator JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
SYNOPSIS
Prohibits the sale of certain children's products containing lead, mercury, or cadmium.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain children's products containing certain metals and supplementing Title 2C of the New Jersey Statutes and 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. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Children's product" means a product, including a toy or play equipment, that is designed or intended solely or primarily:
(1) for the care of, or use by, a child; or
(2) to come into contact with a child while the product is used.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
b. For the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), "children's product" shall not be construed to include a product that may be used by or for the care of a child, but it is designed or intended for use by the general population, or segments of the general population, and not solely or primarily for use by or for the care of a child.
2. No person shall sell, offer for sale, distribute, import, or manufacture any children's product intended for use by a child under the age of six containing, composed of, or made with lead, mercury, or cadmium.
3. Any manufacturer, distributor, or importer of a children's product intended for use by a child under the age of six who discovers that the children's product contains, is composed of, or is made with lead, mercury, or cadmium, shall issue an immediate recall for that children's product.
4. The director shall issue an immediate recall for any children's product intended for use by a child under the age of six if the director discovers it contains, is composed of, or is made with lead, mercury, or cadmium.
5. a. Within 48 hours of receiving notice from the director or a manufacturer, distributor, or importer that a children's product intended for use by a child under the age of six has been recalled because it contains, is composed of, or is made with lead, mercury, or cadmium, a retail mercantile establishment shall remove the children's product from any display and make it unavailable for purchase.
b. Within 14 business days of receiving notice from the director or a manufacturer, distributor, or importer that a children's product intended for use by a child under the age of six has been recalled because it contains, is composed of, or is made with lead, mercury, or cadmium, a retail mercantile establishment shall return all inventory of that children's product to the manufacturer, distributor, or importer from which it was obtained, at the cost of the manufacturer, distributor, or importer.
6. Within 60 business days of receiving a children's product intended for use by a child under the age of six that has been recalled because it contains, is composed of, or is made with lead, mercury, or cadmium from a retail mercantile establishment, the manufacturer, distributor, or importer shall destroy the children's product in such a way that renders it useless, and dispose of the remnants in a manner and location designed to remove them from access by the general public.
7. a. A person who knowingly violates section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be guilty of an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
b. A violation of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
8. A violation of sections 3 or 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be a crime of the fourth degree for a first offense, a crime of the third degree for a second offense, and a crime of the second degree for a third or subsequent offense.
9. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill would prohibit the sale, distribution, import, or manufacture of any children's product intended for use by a child under the age of six which contains, is composed of, or is made with lead, mercury, or cadmium.
Under the bill, the Director of Consumer Affairs or any manufacturer, distributor, or importer of children's products, who discovers that a children's product intended for use by a child under the age of six contains, is composed of, or is made with lead, mercury, or cadmium, would be required to issue an immediate recall for that product. Within 48 hours of receiving notice of the recall, retail mercantile establishments would be required to remove the children's product from displays and make it unavailable for purchase. Within 14 business days, retail mercantile establishments would be required to return all inventory of the children's product to the manufacturer, distributor, or importer from which it was obtained, at the cost of the manufacturer, distributor, or importer. The manufacturer, distributor, or importer would then have 60 business days to destroy the children's product in such a way that renders it useless, and to dispose of the remnants in a manner and location designed to remove them from access by the general public.
The bill specifies the following penalties for violations:
- knowingly selling, offering for sale, distributing, importing, or manufacturing a children's product intended for use by a child under the age of six which contains, is composed of, or is made with lead, mercury, or cadmium would be an unlawful practice;
- failing to remove the recalled children's product from displays, make it unavailable for purchase, or return it to the manufacturer, distributor, or importer within the required timeframe would be an unlawful practice; and
- a manufacturer, distributor, or importer failing to issue an immediate recall or destroy and dispose of children's products returned to them as a result of a recall, as required, would be a crime of the fourth degree for a first offense, a crime of the third degree for a second offense, and a crime of the second degree for a third or subsequent offense.
An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.
A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of $10,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of $15,000, or both, and a crime of the second degree is punishable by five to 10 years imprisonment, a fine of $150,000, or both.
