Bill > S3130

Introduced Session

This bill would prohibit the sale of paint or coating removal products that contain methylene chloride (also called dichloromethane) except under certain circumstances. The bill allows person to sell a paint or coating removal product that contains methylene chloride (dichloromethane) to a person who can demonstrate to the seller that the product will be used only by persons with safety equipment, training on the use of that equipment, and proper handling instructions for methylene chloride consistent with the standards in 29 C.F.R. s.1910.1051. Methylene chloride is a solvent that is used in a variety of industries and applications, including adhesives, paint and coating removal products, pharmaceuticals, metal cleaning, and chemical processing. In January 2017, the United States Environmental Protection Agency (EPA) proposed a rule under the federal "Toxic Substances Control Act" to prohibit the manufacture, processing, and distribution in commerce of methylene chloride for consumer paint and coating removal and most types of commercial paint and coating removal. Prior to issuing the proposed rule, the EPA had evaluated health risks to consumers and workers using methylene chloride in paint and coating removal products as well as bystanders in residences and workplaces where the chemical is used. Paint and coating removal products pose some of the highest exposures among the various uses of methylene chloride. According to the EPA, the effects of short-term exposure to workers, consumers, and bystanders include harm to the central nervous system. Effects of exposure over longer periods include liver toxicity, liver cancer, and lung cancer. The EPA has determined that methylene chloride is a probable human carcinogen. Since January 2017, however, the EPA has indefinitely postponed action on its proposed rule concerning methylene chloride. In order to protect the health and safety of consumers, workers, and bystanders in New Jersey, this bill would ban the sale or offer for sale in the State of any paint or coating removal product that contains methylene chloride. Any person who violates the bill's provisions would be liable to a civil penalty of up to $1,000 for each violation. If the violation is of a continuing nature, each day during which it continues would constitute a separate offense.

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Nellie Pou (D)*, 

Reported from Senate Committee with Amendments, 2nd Reading (on 01/24/2019)