SENATE HEALTH, HUMAN SERVICES AND SENIOR CITIZENS COMMITTEE

 

STATEMENT TO

 

SENATE, No. 2877

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED:  OCTOBER 19, 2015

 

      The Senate Health, Human Services and Senior Citizens Committee reports favorably and with committee amendments Senate Bill No. 2877.

      As amended, this bill prohibits the sale and distribution of liquid nicotine unless the liquid nicotine is sold, offered for sale, given, furnished, or distributed in a child-resistant container that meets the federal effectiveness specifications set forth in 16 C.F.R. 1700.15 and the special packaging testing requirements set forth in 16 CFR 1700.20, which is designed and constructed so that it is significantly difficult for a child five years of age or younger to open the package or otherwise risk exposure to liquid nicotine.  The bill defines “liquid nicotine” to mean any solution containing nicotine which is designed or sold for use with an electronic smoking device.

      Violations of the bill would be punishable by a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation.  The civil penalty would be recovered by and in the name of the State by the local health agency, and paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality. Additionally, upon the recommendation of the municipality, following a hearing by the municipality, the Division of Taxation in the Department of the Treasury may suspend or, after a second or subsequent violation, revoke the license of a retail dealer.  The licensee would also be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation, which may provide for a monetary penalty in lieu of a suspension.

      The committee amended section 1 of the bill to provide that a child-resistant container must meet the federal effectiveness specifications set forth in 16 C.F.R. 1700.15 and the special packaging testing requirements set forth in 16 CFR 1700.20.  The committee also amended section 2 of the bill to eliminate a reference to promulgating State rules and regulations regarding standards of design and construction of child-resistant containers, as these standards are already set forth in the federal regulations.