[First Reprint]

ASSEMBLY, No. 1459

STATE OF NEW JERSEY

219th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION

 


 

Sponsored by:

Assemblyman  PAUL D. MORIARTY

District 4 (Camden and Gloucester)

Assemblyman  GORDON M. JOHNSON

District 37 (Bergen)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Assemblywomen Murphy, McKnight and Timberlake

 

 

 

 

SYNOPSIS

     Prohibits the sale of certain children’s products containing lead, mercury, or cadmium.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Consumer Affairs Committee on January 27, 2020, with amendments.

  


An Act concerning certain children’s products containing certain metals and supplementing Title 2C of the New Jersey Statutes and 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 1[this act, “children’s] P.L.    , c.    (C.     ) (pending before the Legislature as this bill):

     “Children’s1 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; or

     (2)   to come into contact with a child while the product is used.

     1"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.1

     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.

 

     2.    No person shall sell, offer for sale, distribute, import, or manufacture any children’s product intended for use by a child under the age of 1[6] six1 containing, composed of, or made with lead, mercury, or cadmium.

 

     3.    Any manufacturer, distributor, or importer of a children’s product intended for use by a child under the age of 1[6,] six1 who discovers that the children’s product contains, is composed of, or is made with lead, mercury, or cadmium, shall issue an immediate recall for that children’s product.

 

     4.    The 1[Director of Consumer Affairs] director1 shall issue an immediate recall for any children’s product intended for use by a child under the age of 1[6] six1 1[which he] if the director1 discovers 1it1 contains, is composed of, or is made with lead, mercury, or cadmium.

 

     5.    a.  Within 48 hours of receiving notice from the 1[Director of Consumer Affairs] director1 or a manufacturer, distributor, or importer that a children’s product intended for use by a child under the age of 1[6] six1 has been recalled because it contains, is composed of, or is made with lead, mercury, or cadmium, 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 1[Director of Consumer Affairs] director1 or a manufacturer, distributor, or importer that a children’s product intended for use by a child under the age of 1[6] six1 has been recalled because it contains, is composed of, or is made with lead, mercury, or cadmium, a retail mercantile establishment shall return all inventory of that children’s product to the manufacturer, distributor, or importer from which it was obtained, at the cost of the manufacturer, distributor, or importer.

 

     6.    Within 60 business days of receiving a children’s product intended for use by a child under the age of 1[6] six1 that has been recalled because it contains, is composed of, or is made with lead, mercury, or cadmium from a retail mercantile establishment, the manufacturer, distributor, or importer 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 knowingly violates section 2 of P.L.     , c.     (C.        ) (pending before the Legislature as this bill) shall be guilty of an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

     b.    A violation of section 5 of P.L.     , c.     (C.        ) (pending before the Legislature as this bill) shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).

 

     8.    A violation of sections 3 or 6 of P.L.     , c.    (C.        ) (pending before the Legislature as this bill) shall be a crime of the fourth degree for a first offense, a crime of the third degree for a second offense, and a crime of the second degree for 1a1 third or subsequent 1[offenses] offense1.

 

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