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  • NJ A1139
  • Prohibits sale of unsafe supplemental mattresses designed for children's products.
Introduced
(1/27/2016)
In Committee
(6/15/2017)
Crossed Over
(6/26/2017)
Passed
(6/29/2017)
SignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill prohibits the sale of unsafe supplemental mattresses intended to be used by children in products such as non-full size cribs, portable cribs, play pens, and play yards. Pursuant to P.L.2007, c.124 (C.56:8-53.1 et seq.), it is an unlawful practice under the consumer fraud act for any commercial user to knowingly remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product deemed unsafe if (1) it has been recalled and the recall has not been rescinded; or (2) a federal agency has issued a warning that a specific product's intended use constitutes a safety hazard and the warning has not been rescinded. An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. Additionally, violations can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party. This bill amends P.L.2007, c.124 to include a "supplemental mattress" in the definition of "children's product," and also provide that a product may be deemed unsafe if a federal agency has issued an advisory that a specific product's intended use constitutes a safety hazard and the advisory has not been rescinded. Currently, the federal government requires that mattresses in children's products meet certain standard consumer safety specifications (ASTM F406-13), such as setting forth the allowable thickness of a mattress, selling a product with the mattress included, only using a mattress provided by the manufacturer, and including a warning about the risk of infant suffocation. Despite these requirements and standards, supplemental mattresses continue to be marketed to consumers for use in certain cribs, play pens, and play yards and present a risk to babies of injury and death. This bill specifically deems supplemental mattresses marketed for and intended to be used with cribs, play pens, and play yards with non-rigid sides to be unsafe unless the United States Consumer Product Safety Commission (CPSC) determines them to be safe for the care of, or use by, a child. According to the CPSC webpage, consumers of play yards are advised not to use supplemental mattresses because supplemental mattresses may create a gap and lead to an entrapment hazard for the child. The existing federal standard inadequately addresses the unreasonable risk of injury that supplemental mattresses pose to children, and supplemental mattresses continue to be sold to consumers. Therefore, the most effective action is to ban the sale of unsafe supplemental mattresses.
2nd Reading in Assembly to Concur with Senate Amendments, 2nd Reading in the Assembly, 2nd Reading in the Senate, Budget and Appropriations, Passed Assembly, Passed both Houses, Passed Senate, Received by the Assembly
Conditional Veto, Received in the Assembly  (on 7/31/2017)
 
 

Date Chamber Action Description
7/31/2017 S Conditional Veto, Received in the Assembly
6/29/2017 A Passed Assembly (Passed Both Houses) (44-0-32)
6/26/2017 A Received in the Assembly, 2nd Reading on Concurrence
6/26/2017 S Passed by the Senate (21-0)
6/26/2017 S Substituted for S2616 (3R)
6/22/2017 S Senate Amendment (25-0) (Ruiz)
6/19/2017 S Senate Amendment (29-0) (Ruiz)
6/15/2017 S Reported from Senate Committee with Amendments, 2nd Reading
6/15/2017 Senate Budget and Appropriations Hearing (19:00 6/15/2017 * Revised 6/14/17 - S-2616 / A-1139, S-3312 (Sarlo/Bucco) Transf)
1/9/2017 S Referred to Senate Budget and Appropriations Committee
1/9/2017 S Reported from Senate Committee, 2nd Reading
1/9/2017 S Received in the Senate, Referred to Senate Commerce Committee
1/9/2017 Senate Commerce Hearing (11:30 1/9/2017 Committee Room 1, First Floor)
12/19/2016 A Passed by the Assembly (77-0-0)
10/27/2016 A Reported out of Assembly Committee, 2nd Reading
10/27/2016 Assembly Consumer Affairs Hearing (10:00 10/27/2016 Committee Room 13, 4th Floor)
1/27/2016 A Introduced, Referred to Assembly Consumer Affairs Committee
Date Motion Yea Nay Other
Detail 6/29/2017 Assembly Floor: Concur in Senate Amendments 44 0 36
Detail 6/26/2017 Senate Floor: Third Reading - Final Passage 21 0 19
Detail 6/26/2017 Senate Floor: Substitute For S2616 (Voice Vote) 0 0 0
Detail 6/19/2017 Senate Floor: Second Reading (Voice Vote) 0 0 0
Detail 6/19/2017 Senate Floor: Amend 29 0 11
Detail 6/15/2017 Senate Budget and Appropriations Committee: Reported with Amendments 7 0 6
Detail 1/9/2017 Senate Commerce Committee: Reported Favorably 5 0 1
Detail 12/19/2016 Assembly Floor: Third Reading - Final Passage 77 0 3
Detail 10/27/2016 Assembly Consumer Affairs Committee: Reported Favorably 4 0 0