Bill Text: NJ S4103 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits sale, distribution, and manufacture of food products containing red dye 3; imposes certain penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-11-30 - Introduced in the Senate, Referred to Senate Commerce Committee [S4103 Detail]
Download: New_Jersey-2022-S4103-Introduced.html
Sponsored by:
Senator RICHARD J. CODEY
District 27 (Essex and Morris)
SYNOPSIS
Prohibits sale, distribution, and manufacture of food products containing red dye 3; imposes certain penalties.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning red dye 3 and amending R.S.24:5-8 and R.S.24:17-1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.24:5-8 is amended to read as follows:
24:5-8. For the purposes of this subtitle food shall be deemed adulterated:
A. (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or
(2) If it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of regulations promulgated by the Department of Health limiting the quantity therein or thereon to such extent as the Department of Health of the State of New Jersey finds necessary for the protection of the public health; or
(3) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or
(4) If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or
(5) If it is in whole or in part the product of an animal which has not been inspected, and the meat of such animal passed as fit for food:
(a) By an official federal inspector; or
(b) By such officer or person as shall be qualified for such purpose in accordance with, and in such manner as shall be prescribed by, regulations adopted by the State department, if such inspection is required by such regulations, or if it is in whole or in part the product of an animal which has died otherwise than by slaughter; or
(6) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
(7) If, during the course of its processing, it has been exposed to, or treated with, ionized radiation, except that this paragraph shall not apply to any spice so exposed or treated.
B. (1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or
(2) If any substance has been substituted wholly or in part therefor; or
(3) If damage or inferiority has been concealed in any manner; or
(4) If any substance has been added thereto or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.
C. If it falls below the standard of purity, quality or strength which it purports or is represented to possess.
D. If it bears or contains a coal-tar color other than one from a batch that has been certified under the federal act.
E. If it contains the substance red dye 3 (CAS no.16423-68-0).
(cf: P.L.1989, c.203, s.1)
2. R.S.24:17-1 is amended to read as follows:
24:17-1. Penalties
(a) Any person who shall violate any provision of this subtitle, or any rule or regulation of the State department made pursuant thereto, or who shall refuse to comply with any lawful order or direction of the department, shall be liable to the following penalties, unless otherwise specifically provided:
(1) For each first offense a penalty of $100.00;
(2) For each second offense a penalty of $200.00;
(3) For each third and every subsequent offense a penalty of $400.00.
(b) Any person who shall remove or dispose of any depressant or stimulant drug as defined pursuant to law in violation of section 24:4-12 of this Title is guilty of a misdemeanor.
(c) A person who violates the provisions of subsection E. of R.S.24:5-8, pertaining to the sale, distribution, and manufacture of food products containing red dye 3 shall be liable to a penalty not to exceed $5,000 for a first offense and not to exceed $10,000 for every subsequent offense thereafter, in addition to any other penalty that may be imposed under law.
(cf: P.L.1983, c.275, s.12)
3. This act shall take effect on January 1, 2027.
STATEMENT
This bill prohibits the sale, distribution, and manufacture of food products containing red dye 3 and imposes certain penalties.
Under current law, a person is prohibited from distributing, selling, manufacturing for distribution or sale, or having in his or her possession with intent to distribute or sell any adulterated food. This bill adds red dye 3 to the conditions that deem food adulterated under current law. Any person who violates the bill's provision would be liable to a penalty not to exceed $5,000 for a first offense and not to exceed $10,000 for every subsequent offense thereafter, in addition to any other penalties that may be imposed under law.
