[First Reprint]

ASSEMBLY, No. 4416

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED SEPTEMBER 13, 2018

 


 

Sponsored by:

Assemblywoman  LISA SWAIN

District 38 (Bergen and Passaic)

Assemblyman  ROBERT J. KARABINCHAK

District 18 (Middlesex)

Assemblywoman  BRITNEE N. TIMBERLAKE

District 34 (Essex and Passaic)

Senator  THOMAS H. KEAN, JR.

District 21 (Morris, Somerset and Union)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Assemblyman Johnson, Assemblywoman Pinkin, Assemblyman Moriarty, Assemblywoman McKnight, Assemblyman Schaer, Senators Bateman and Pou

 

 

 

 

SYNOPSIS

     Prohibits sale or distribution of products containing asbestos.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Environment and Energy Committee on January 24, 2019, with amendments.

  


An Act concerning the sale or distribution of products containing asbestos, and supplementing Title 13 of the Revised Statutes.

 

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

 

     1.    a.  No person shall sell, offer for sale, or distribute in the State any product that contains asbestos.

     b.    1Nothing in this act shall be construed to impose liability on any news media that accept or publish advertising for any product that would otherwise be subject to the provisions of this section.

     c.1 As used in this section:  “asbestos” means the same as the term is defined in section 3 of P.L.1984, c.173 (C.34:5A-34).

 

     2.    a. The Department of Environmental Protection shall establish a public education program to assure the widespread dissemination of information concerning the prohibition contained in section 1 of this act.

     b.    The department shall have the right to enter, at any time during normal business hours, and upon presentation of appropriate credentials, any retail establishment in order to determine compliance with the provisions of this act.

 

     3.    a.  Any person convicted of a violation of this act shall be subject to a penalty of up to $2,500 for each offense, to be collected by the State 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 Superior Court and the municipal court shall have jurisdiction over proceedings for the enforcement of the penalty provided by this section.

     b.    The department may institute a civil action for injunctive relief in the Superior Court 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 on the first day of the fourth month following the date of enactment.