ASSEMBLY, No. 1459

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 

 

Sponsored by:

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

 

 

 

 

SYNOPSIS

     Prohibits the sale of certain children's products containing lead, mercury, or cadmium.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

An Actconcerning 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 this act, "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.

     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 6 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 6, 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 of Consumer Affairs shall issue an immediate recall for any children's product intended for use by a child under the age of 6 which he discovers contains, is composed of, or is made with lead, mercury, or cadmium.

 

     5.    a.  Within 48 hours of receiving notice from the Director of Consumer Affairs or a manufacturer, distributor, or importer that a children's product intended for use by a child under the age of 6 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 of Consumer Affairs or a manufacturer, distributor, or importer that a children's product intended for use by a child under the age of 6 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 6 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 third or subsequent offenses.

 

     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 any children's product intended for use by a child under the age of 6 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 6 contains, is composed of, or is made with lead, mercury, or cadmium, would have 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 6 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 third or subsequent offenses.

     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 in the fourth degree is punishable by up to 18 months imprisonment, a fine of $10,000, or both.  A crime in the third degree is punishable by three to five years imprisonment, a fine of $15,000, or both, and a crime in the second degree is punishable by five to 10 years imprisonment, a fine of $150,000, or both.