SENATE, No. 2823

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED APRIL 11, 2011

 


 

Sponsored by:

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Requires all personal audio players distributed in New Jersey to contain warning about volume and hearing loss.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning personal audio players, and supplementing Title 56 of the Revised Statutes.

 

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

 

     1.  As used in this act:

     “Manufacturer" means a person who manufactures or imports a personal audio player for distribution in this State.

     “Personal audio player” means a personal, electronic device that allows the user to listen to audio while mobile.

 

     2.  No manufacturer shall distribute a personal audio player in this State unless the manufacturer affixes a warning label on the personal audio player that reads as follows:  “WARNING:  This product may cause hearing damage.  A volume level of 115 decibels may cause permanent hearing damage after 15 minutes of exposure.”

 

     3.  Any person who violates the provisions of this act shall be subject to a civil penalty of not more than $5,000 for each offense.  Any civil penalty imposed pursuant to this act may be collected by the Attorney General with costs in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).

 

     4.  This act shall take effect on the first day of the seventh month following enactment.

 

 

STATEMENT

 

     This bill is in response to the harmful volume levels at which users of portable audio players (e.g., MP3 players or iPods) are able to listen.  Many of these portable audio players can be listened to at volumes of up to 130 decibels.  The Occupational Safety and Health Administration in the United States Department of Labor has stated that significant hearing loss can occur in 15 minutes at a volume of 115 decibels.

     This bill prohibits a manufacturer from distributing a personal audio player in this State unless the manufacturer affixes a warning label on the personal audio player that reads as follows:  “WARNING:  This product may cause hearing damage.  A volume level of 115 decibels may cause permanent hearing damage after 15 minutes of exposure.”

     The bill defines a “personal audio player” as a personal, electronic device that allows the user to listen to audio while mobile.

     The bill further provides that any person who violates the provisions of the bill is subject to a civil penalty of not more than $5,000 for each offense.