A4109

An Act concerning shopping carts and supplementing Title 26 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:

“Merchandise” means any goods, chattels, foodstuffs or wares of any type and description.

“Store or retail mercantile establishment” means any place of business where merchandise is displayed, held, stored or sold or offered to the public for sale.

“Shopping cart” means a push cart of the type which is commonly provided by a grocery store, drug store or other retail mercantile establishment for public use in transporting merchandise in a store and from the store to a place outside the store.

“Sanitation wipe” means a disposable towelette pre-moistened with cleaner, disinfectant or sanitizer used for the purpose of disinfecting or sanitizing a nonporous surface.

2. Any retail mercantile establishment that provides shopping carts shall make available at its entrance sanitation wipes for the use of its customers.

3. a. The Department of Health and Senior Services or the local board of health, upon written complaint or having reason to suspect that a retail mercantile establishment covered by the provisions of this act is or may be in violation of the provisions of this act, shall, by written notification, advise the person having control of the place accordingly and order appropriate action to be taken. A person receiving that notice who fails or refuses to comply with the order is subject to a fine of not less than $100 for the each offense. In addition to the penalty provided herein, the court may order immediate compliance with the provisions of this act.

b. A penalty recovered under the provisions of this act shall be recovered by and in the name of the Commissioner of Health and Senior Services or by and in the name of the local board of health. When the plaintiff is the Commissioner of Health and Senior Services, the penalty recovered shall be paid by the commissioner into the treasury of the State. When the plaintiff is a local board of health, the penalty recovered shall be paid by the local board into the treasury of the municipality where the violation occurred.

c. A municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of this act if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Commissioner of Health and Senior Services, or the local board of health, as the case may be, as plaintiff.

d. The penalties provided in subsection a. of this section shall be the only civil remedy for a violation of this act, and there shall be no private right of action against a party for failure to comply with the provisions of this act.

4. This act shall take effect on the 180th day following enactment.

STATEMENT

This bill requires stores to provide customers with sanitation wipes to be used for their shopping carts. Recent studies show that shopping cart handles have more germs than public restroom door knobs, contaminated with bodily fluids such as blood, saliva, mucus and even urine and fecal matter. The availability of sanitation wipes for use by customers on the handles will help prevent the spread of viruses, bacteria, germs and illnesses.