ASSEMBLY COMMITTEE SUBSTITUTE FOR ASSEMBLY, No. 3800 STATE OF NEW JERSEY 221st LEGISLATURE ADOPTED JUNE 3, 2024
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 3800
STATE OF NEW JERSEY
221st LEGISLATURE
ADOPTED JUNE 3, 2024
Sponsored by: Assemblyman WILLIAM B. SAMPSON, IV District 31 (Hudson) Assemblywoman BARBARA MCCANN STAMATO District 31 (Hudson) Assemblywoman ANNETTE QUIJANO District 20 (Union) Co-Sponsored by: Assemblywoman McCoy, Assemblymen Egan, Wimberly, Assemblywoman Reynolds-Jackson, Assemblyman Schaer and Assemblywoman Speight SYNOPSIS Bans certain children's products containing excessive amounts of lead, mercury, or cadmium. CURRENT VERSION OF TEXT Substitute as adopted by the Assembly Consumer Affairs Committee.
Sponsored by:
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Assemblywoman BARBARA MCCANN STAMATO
District 31 (Hudson)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Co-Sponsored by:
Assemblywoman McCoy, Assemblymen Egan, Wimberly, Assemblywoman Reynolds-Jackson, Assemblyman Schaer and Assemblywoman Speight
SYNOPSIS
Bans certain children's products containing excessive amounts of lead, mercury, or cadmium.
CURRENT VERSION OF TEXT
Substitute as adopted by the Assembly Consumer Affairs Committee.
An Act concerning certain children's products containing certain metals and supplementing P.L.1960, c.39 (C.56:8-1 et seq.). Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill): "Children's product" means a product, including a toy or play equipment, that is 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 the product is used. The term "children's product" shall not include a product that may be used by or for the care of a child, but it is designed or intended for use by the general population, or segments of the general population, and not solely or primarily for use by or for the care of a child. b. A person shall not sell, offer for sale, distribute, import, or manufacture any children's product composed or made with lead, mercury, or cadmium in amounts exceeding limits identical to the "Consumer Product Safety Improvement Act of 2008," Pub.L.110-334, or any regulation issued pursuant to the federal statutes. c. The Director of the Division of Consumer Affairs or any manufacturer, distributor, or importer of a children's product shall issue an immediate recall for any children's product found to be in violation of the standards established in subsection b. of this section. (1) Within 48 hours of receiving notice from the director or a manufacturer, distributor, or importer that a children's product is in violation of the standards established in subsection b. of this section, a retail mercantile establishment shall remove the children's product from any display and make it unavailable for purchase. (2) Within 60 business days of receiving notice from the director or a manufacturer, distributor, or importer that a children's product is in violation of the standards established in subsection b. of this section, a retail mercantile establishment shall return all inventory of that children's product to the manufacturer, distributor, or importer from which it was obtained, at the cost of the manufacturer, distributor, or importer. (3) Within 60 business days of receiving a children's product that has been recalled because it violates the standards established in subsection b. of this section, the manufacturer, distributor, or importer shall destroy the children's product so as to render it useless, and dispose of the remnants in a manner and location designed to remove it from access by the general public. d. A violation of this section shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.). 2. This act shall take effect on the first day of the seventh month next following enactment.
An Act concerning certain children's products containing certain metals and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Children's product" means a product, including a toy or play equipment, that is 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 the product is used.
The term "children's product" shall not include a product that may be used by or for the care of a child, but it is designed or intended for use by the general population, or segments of the general population, and not solely or primarily for use by or for the care of a child.
b. A person shall not sell, offer for sale, distribute, import, or manufacture any children's product composed or made with lead, mercury, or cadmium in amounts exceeding limits identical to the "Consumer Product Safety Improvement Act of 2008," Pub.L.110-334, or any regulation issued pursuant to the federal statutes.
c. The Director of the Division of Consumer Affairs or any manufacturer, distributor, or importer of a children's product shall issue an immediate recall for any children's product found to be in violation of the standards established in subsection b. of this section.
(1) Within 48 hours of receiving notice from the director or a manufacturer, distributor, or importer that a children's product is in violation of the standards established in subsection b. of this section, a retail mercantile establishment shall remove the children's product from any display and make it unavailable for purchase.
(2) Within 60 business days of receiving notice from the director or a manufacturer, distributor, or importer that a children's product is in violation of the standards established in subsection b. of this section, a retail mercantile establishment shall return all inventory of that children's product to the manufacturer, distributor, or importer from which it was obtained, at the cost of the manufacturer, distributor, or importer.
(3) Within 60 business days of receiving a children's product that has been recalled because it violates the standards established in subsection b. of this section, the manufacturer, distributor, or importer shall destroy the children's product so as to render it useless, and dispose of the remnants in a manner and location designed to remove it from access by the general public.
d. A violation of this section shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
2. This act shall take effect on the first day of the seventh month next following enactment.