ASSEMBLY CONSUMER AFFAIRS COMMITTEE
STATEMENT TO
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 3800
STATE OF NEW JERSEY
DATED: JUNE 3, 2024
The Assembly Consumer Affairs Committee reports favorably an
Assembly Committee Substitute for Assembly Bill No. 3800.
This committee substitute memorializes federal standards set forth
in the “Consumer Product Safety Improvement Act of 2008,” and any
regulation issued pursuant to the statutes for acceptable levels of lead,
mercury, and cadmium in children’s products. The substitute removes
criminal penalties for a violation, and imposes civil penalties pursuant
to the New Jersey Consumer Fraud act.
The substitute defines “children’s product” as a product, toy, or
play equipment designed or intended solely or primarily:
(1) for the care of, or use by, a child 12 years of age or younger; or
(2) to come into contact with a child 12 years of age or younger
while in use. The substitute clarifies that a “children’s product” is not
to be construed as inclusive of items used by the general population
that may be used by a child or for the care of a child.
The substitute provides that the Director of the Division of
Consumer Affairs, or any manufacturer, distributor or importer of
children’s products is to issue an immediate recall of products in
violation of the established standards. Upon receiving notice of a
recall, the substitute permits retail mercantile establishments 48 hours
to remove the products from display and availability to consumers.
Within 60 days of receiving notice of a recall, the substitute requires
the retail mercantile establishment to return all inventory of the
recalled children’s product to the manufacturer, distributor or importer
at the expense of the manufacturer, distributor, or importer. The
substitute allows the receiver of the recalled children’s product (the
manufacturer, distributor, or importer) 60 days to destroy the product
in such a way so as to render it useless and dispose of the remnants in
a manner and location designed to remove it from public access.
A violation of the substitute’s provisions is an unlawful practice
pursuant to P.L.1960, c.39 (C.56:8-1 et seq.) and would be 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 may result in the issuance of a cease and desist order by the 2
Attorney General, the assessment of punitive damages, and the
awarding of treble damages and costs to the injured party.