An Act concerning mercury thermometers, and supplementing Title 13 of the Revised Statutes.

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

C.13:1E-99.91 Sale of certain mercury thermometers prohibited.

      1.   Within 180 days after the effective date of this act, no person shall sell, offer for sale, or offer for promotional purposes in this State a basal, oral or rectal mercury thermometer.

      The provisions of this act shall not apply to thermometers utilized in research and development, for professional health care purposes, or for industrial, manufacturing or commercial purposes.

      As used in this act, "mercury thermometer" means a device used for measuring temperature that contains liquid mercury.

C.13:1E-99.92 DEP responsible for compliance, public education program.

      2. a. The Commissioner of Environmental Protection shall establish a means of addressing consumer complaints and a public education program to assure the widespread dissemination of information concerning the purpose of this act.

      b.   The Department of Environmental Protection shall have the right to enter, at any time during normal business hours and upon presentation of appropriate credentials, any retail establishment at which mercury thermometers are sold or offered for promotional purposes in order to determine compliance with the provisions of this act.

C.13:1E-99.93 Violations, penalties.

      3. a. Any person convicted of a violation of this act shall be subject to a penalty of not less than $500.00 nor more than $1,000.00 for each offense, to be collected in a civil action by a summary proceeding under "The Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.

      If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense.

      b.   The Department of Environmental Protection may institute a civil action for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.

      4.   This act shall take effect immediately.

      Approved April 26, 2005.