Bill > A583

Introduced Session

This bill prohibits selling or offering to sell adulterated candy in this State. The bill defines "adulterated candy" to mean any candy, either with or without a wrapper, containing, composed of, or made with lead, mercury, or cadmium intentionally introduced as a chemical element during manufacturing or distribution, as opposed to naturally occurring levels of any of those elements, and any candy with a wrapper that contains, is composed of, or is made with, lead, mercury, or cadmium. "Candy" is defined to mean a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts or other ingredients or flavorings, in the form of bars, drops, or pieces, and includes the wrapper used to hold or cover the bars, drops, or pieces. Preparations containing flour or requiring refrigeration would not be considered candy under the bill. Candy composed of, or made with, lead, mercury, or cadmium that is naturally occurring and exceeds 100 parts per million by weight (0.01%) would be considered adulterated candy. The sum of the concentration levels of lead, mercury, or cadmium naturally occurring in any candy that is allowed to be sold or offered for sale in this State would not exceed 100 parts per million by weight (0.01%). Under the provisions of the bill, a manufacturer would be required to: submit to the Department of Health (DOH) a written certification, or a new or amended certification if the manufacturer reformulates or creates a new candy, attesting that the candy listed in the certification is not adulterated and is in compliance with the requirements of the bill; and keep copies of certifications of compliance and new or amended certifications on file, and provide the copies to every distributor and retailer who sells or offers to sell candy in the State, and to members of the public, upon request. The provisions of the bill give the DOH the right to enter the premises of a manufacturer, distributor, or retailer at which candy is manufactured, stored, sold, or offered for sale in order to determine compliance with the provisions of the bill. The DOH would be allowed to, at any time during normal business hours and upon presentation of appropriate credentials: conduct inspections, including taking samples of candy for testing purposes; and purchase any sample of candy at a retail establishment, if requested to do so by the retailer. Whenever the Commissioner of Health finds that adulterated candy is being stored, sold, or offered for sale in violation of the provisions of the bill, the commissioner may issue an order requiring the distributor or retailer to: cause the adulterated candy to be removed from the premises and made unavailable for purchase; and return the entire inventory of adulterated candy to the manufacturer from which it was obtained, at the manufacturer's expense. All samples of candy taken for the purpose of testing to determine compliance would constitute a single violation of the provisions of the bill. Under the bill's provisions, a manufacturer who knowingly sells or offers to sell adulterated candy in violation of the bill would be liable to a civil penalty not to exceed $10,000 for a first offense, and a penalty not to exceed $25,000 for each subsequent offense. Penalties against a manufacturer could not exceed $100,000 during a 30-day period. A distributor or retailer who knowingly sells or offers to sell adulterated candy in violation of the bill would be liable to a civil penalty not to exceed $1,000 for a first offense, and a penalty not to exceed $5,000 for each subsequent offense. Penalties against a distributor or retailer could not exceed $25,000 during a 30-day period. A manufacturer who knowingly submits a false certification of compliance or a false new or amended certification of compliance would be liable to a civil penalty not to exceed $75,000 for a first offense, and a penalty not to exceed $250,000 for each subsequent offense. Civil penalties imposed under the provisions of the bill are to be collected pursuant to the "Penalty Enforcement Law of 1999." The commissioner or Attorney General may file an action in Superior Court for a violation of the provisions of the bill, including petitioning for injunctive relief or to recover any costs or damages incurred by the State in connection with a civil violation. Each violation of the provisions of the bill will constitute a separate violation for which the commissioner may obtain relief. The bill does not impose liability on news media that accept or publish advertising that may fall within the scope of the bill. The bill also establishes a separate, nonlapsing fund known as the "Reduction of Adulterated Candy Enforcement Fund" in the Department of the Treasury. The fund would be the depository for all penalties received pursuant to the bill, and all fees collected by the DOH to defray the cost of compliance, monitoring, inspection, sampling, testing, and enforcement activities required under the bill. The monies in the fund, and any interest earned, would be used by the DOH to administer and enforce the provisions of the bill, unless otherwise specified by law.

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Gary Schaer (D)*, 

Introduced, Referred to Assembly Consumer Affairs Committee (on 01/13/2026)

Official Document