ASSEMBLY, No. 1538

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Assemblywoman TURNER

An Act concerning the packaging of certain food and beverage items 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. It shall be an unlawful practice for any person to sell or offer to sell any beverage container containing a juice drink that is packaged in a design or shape that is routinely used in the packaging of alcoholic beverages or any food, candy or confectionery product that is packaged in a design or shape that is routinely used in the packaging of cigarettes or other tobacco products.

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

    3. This act shall take effect on the first day of the second month after enactment.

STATEMENT

    This bill provides that it is an unlawful practice under the consumer fraud law, P.L.1960, c.39 (C.56:8-1 et seq.), for any person to sell or offer to sell any beverage container containing a juice drink that is packaged in a design or shape that is routinely used in the packaging of alcoholic beverages or any food, candy or confectionery product that is packaged in a design or shape that is routinely used in the packaging of cigarettes or other tobacco products.

    Violators are subject to the penalties set forth in the consumer fraud law. Those penalties may include a fine of no more than $7,500 for a first offense and no more than $15,000 for any subsequent offense. In addition, the Attorney General is authorized to seek and obtain in a summary action an injunction prohibiting any violator from continuing to engage in the unlawful practice.

Prohibits sale of certain packaged food and beverage items.