Prohibits business entities from selling or manufacturing certain personal flotation devices not approved by United States Coast Guard.
Impact
The implementation of A4754 is expected to have a significant impact on consumer safety and regulatory compliance in New Jersey. By eliminating inferior or unapproved flotation devices, the bill aims to decrease the risk of drowning incidents involving children. Data from relevant health agencies indicates a substantial issue, with an average of 371 drowning fatalities among children under 15 reported annually from 2018 to 2020, coupled with thousands of non-fatal drowning incidents. This legislation is positioned to directly address these alarming statistics by ensuring that children use certified safety equipment.
Summary
Assembly Bill A4754 aims to enhance safety standards for personal flotation devices (PFDs) by prohibiting the sale, distribution, manufacture, delivery, or holding of any non-United States Coast Guard approved flotation devices in New Jersey. The bill specifically targets devices intended for children under the age of 12, such as lifejackets, puddle jumpers, and water wings. The intention behind this legislation is to align the market with recognized safety standards that can reduce the risks associated with swimming and boating activities for young children.
Contention
While the primary goal of A4754 is undoubtedly to protect children, the bill may face scrutiny regarding its implications for businesses that manufacture or sell flotation devices. Critics could argue that the restrictions may impose undue burdens on local businesses by limiting their product offerings, which in turn could drive up costs for consumers. Additionally, there may be debates surrounding the practicality and enforceability of penalties stipulated in the bill, which include civil penalties ranging from $100 for first offenses to $500 for subsequent violations.
Enforcement
Enforcement of A4754 would fall under the jurisdiction of the Director of the Division of Consumer Affairs, who is authorized to impose penalties and promulgate rules and regulations to effectuate the provisions of this legislation. This structure aims to provide a clear and accessible pathway for addressing violations, thereby enhancing the overall regulatory framework surrounding children’s safety devices in the state.
An Act to Require a Person Operating a Watercraft for Recreational Purposes to Ensure All Children Under 13 Years of Age Wear United States Coast Guard Approved Personal Flotation Devices