A4481

An Act concerning children products made with formaldehyde, and supplementing 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 P.L. , c. (C. ) (pending before the Legislature as this bill), “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 aged 12 or under; 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.

c. For the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill), "children's product" shall not include

(1) batteries;

(2) consumer electronic products including but not limited to personal consoles, handheld devices incorporating a video screen;

(3) a food or beverage or an additive to a food or beverage regulated by the United States Food and Drug Administration;

(4) a pesticide regulated by the United States Environmental Protection Agency; or

(5) a drug, biologic or medical device regulated by the United States Food and Drug Administration.

2. Commencing April 1, 2019, no person shall sell, offer for sale, distribute, or manufacture any children’s product intended for use by a child under the age of 12 containing, composed of, or made with formaldehyde.

3. Any manufacturer or distributor of a children’s product intended for use by a child under the age of 12, who discovers that the children’s product contains, is composed of, or is made with formaldehyde 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 12 which he discovers contains, is composed of, or is made with formaldehyde.

5. a. Within 48 hours of receiving notice from the Director of Consumer Affairs or a manufacturer or distributor that a children’s product intended for use by a child under the age of 12 has been recalled because it contains, is composed of, or is made with formaldehyde, 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 or distributor that a children’s product intended for use by a child under the age of 12 has been recalled because it contains, is composed of, or is made with formaldehyde, a retail mercantile establishment shall return all inventory of that children’s product to the manufacturer or distributor from which it was obtained, at the cost of the manufacturer or distributor.

6. Within 60 business days of receiving a children’s product intended for use by a child under the age of 12 that has been recalled because it contains, is composed of, or is made with formaldehyde from a retail mercantile establishment, the manufacturer or distributor 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 violates P.L. , c. (C. ) (pending before the Legislature as this bill), shall be subject to a penalty of not less than $250 nor more than $500 for each offense, to be collected by the Attorney General, 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 Attorney General may institute a civil action for injunctive relief to enforce P.L. , c. (C. ) (pending before the Legislature as this bill), and to prohibit and prevent a violation of P.L. , c. (C. ) (pending before the Legislature as this bill), and the court may proceed in the action in a summary manner.

8. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Department of Environmental Protection, shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as are necessary to effectuate the purposes of this act.

9. This act shall take effect on January 1, 2019.

STATEMENT

This bill would prohibit the sale, distribution, or manufacture any children’s product intended for use by a child under the age of 12 which contains, is composed of, or is made with formaldehyde.

Under the bill, the Director of Consumer Affairs or any manufacturer or distributor of children’s products, who discovers that a children’s product intended for use by a child under the age of 12 contains, is composed of, or is made with formaldehyde, would be required 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 or distributor from which it was obtained, at the cost of the manufacturer or distributor. The manufacturer or distributor 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 provides that a person who violates a provision in the bill would be subject to a penalty of not less than $250 nor more than $500 for each offence. The bill also authorizes the Attorney General to institute a civil action for injunctive relief to enforce the provisions of the bill.