Bill

Bill > S3737


NJ S3737

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


summary

Introduced
05/11/2021
In Committee
05/11/2021
Crossed Over
Passed
Dead
01/11/2022

Introduced Session

2020-2021 Regular Session

Bill Summary

This bill would prohibit the sale, distribution, import, or manufacture of any children's product intended for use by a child under the age of six which contains, is composed of, or is made with lead, mercury, or cadmium. Under the bill, the Director of Consumer Affairs or any manufacturer, distributor, or importer of children's products, who discovers that a children's product intended for use by a child under the age of six contains, is composed of, or is made with lead, mercury, or cadmium, 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, distributor, or importer from which it was obtained, at the cost of the manufacturer, distributor, or importer. The manufacturer, distributor, or importer 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 specifies the following penalties for violations: knowingly selling, offering for sale, distributing, importing, or manufacturing a children's product intended for use by a child under the age of six which contains, is composed of, or is made with lead, mercury, or cadmium would be an unlawful practice; failing to remove the recalled children's product from displays, make it unavailable for purchase, or return it to the manufacturer, distributor, or importer within the required timeframe would be an unlawful practice; and a manufacturer, distributor, or importer failing to issue an immediate recall or destroy and dispose of children's products returned to them as a result of a recall, as required, would 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 a third or subsequent offense. 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. In addition, a violation 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. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of $10,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of $15,000, or both, and a crime of the second degree is punishable by five to 10 years imprisonment, a fine of $150,000, or both.

AI Summary

This bill prohibits the sale, distribution, import, or manufacture of any children's product intended for use by a child under the age of six that contains, is composed of, or is made with lead, mercury, or cadmium. It requires manufacturers, distributors, or importers who discover such products to issue an immediate recall. Retail establishments must remove the recalled products from displays and return them to the manufacturer, distributor, or importer within specified timeframes. Violations of the bill's provisions are subject to penalties under the consumer fraud act and, in some cases, criminal charges. The bill also empowers the Director of Consumer Affairs to issue recalls for any children's products found to contain the prohibited substances.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Commerce Committee (on 05/11/2021)

bill text


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