Bill Text: NJ S4084 | 2018-2019 | Regular Session | Introduced


Bill Title: Prohibits retail stores from banning use of reusable carryout bags.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-09-10 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S4084 Detail]

Download: New_Jersey-2018-S4084-Introduced.html

SENATE, No. 4084

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED SEPTEMBER 10, 2019

 


 

Sponsored by:

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Prohibits retail stores from banning use of reusable carryout bags. 

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning reusable carryout bags and supplementing Title 56 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 act:

     "Reusable Carryout Bag" means a bag made of cloth or other machine washable fabric that has handles or a durable plastic bag with handles that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse for customers to carry their goods out of a store. 

     "Store" means a drug store, supermarket, or retail establishment that has over 1,000 square feet of retail space or is part of a chain, and that provides carryout bags to its customers as a result of the sale of a product. 

     b.    It shall be an unlawful practice and violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a store to impose a ban upon the use of reusable carryout bags by its customers.

    

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill prohibits a retailer from imposing a ban upon the use of reusable carryout bags by its customers.  Under current law, a retailer may prohibit a customer from using reusable carryout bags. 

     A violation of the bill's provisions is an unlawful practice under the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.).  An unlawful practice 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. 

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