Bill > S2799

Introduced Session

This bill prohibits the sale or offering to sell adulterated candy in this State. 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%), and 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. As defined in the bill, "adulterated candy" means 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 whose wrapper contains, is composed of, or is made with, lead, mercury, or cadmium. "Candy" means 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. "Candy" does not include any preparation containing flour or requiring refrigeration. 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 a 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 or 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 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 department would also be allowed to, at any time during normal business hours and upon presentation of appropriate credentials: conduct inspections, including the taking of samples of candy for the purpose of testing the candy; 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 on the premises in violation of the provisions of the bill, the commissioner may issue an order requiring the distributor or retailer to: remove or arrange for the removal of the adulterated candy from the premises and to make it 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 the 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 provisions 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 provisions 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. Any manufacturer who knowingly submits a false certification, 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. 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 suffered by the State because of a civil violation, and the commissioner could obtain relief for each violation of the bill's provisions. 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 department 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 department to administer and enforce the provisions of bill, unless otherwise specified by law.

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Nilsa Cruz-Perez (D)*,  Shirley Turner (D)*, 

Referred to Senate Budget and Appropriations Committee (on 09/10/2019)