| 1 | 1 | | SENATE, No. 2497 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED FEBRUARY 5, 2024 |
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| 3 | 3 | | SENATE, No. 2497 |
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| 5 | 5 | | STATE OF NEW JERSEY |
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| 7 | 7 | | 221st LEGISLATURE |
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| 11 | 11 | | INTRODUCED FEBRUARY 5, 2024 |
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| 15 | 15 | | Sponsored by: Senator M. TERESA RUIZ District 29 (Essex and Hudson) SYNOPSIS Prohibits sale of crayon and chalk products containing lead. CURRENT VERSION OF TEXT As introduced. |
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| 19 | 19 | | Sponsored by: |
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| 21 | 21 | | Senator M. TERESA RUIZ |
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| 23 | 23 | | District 29 (Essex and Hudson) |
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| 33 | 33 | | SYNOPSIS |
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| 35 | 35 | | Prohibits sale of crayon and chalk products containing lead. |
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| 38 | 38 | | |
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| 39 | 39 | | CURRENT VERSION OF TEXT |
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| 41 | 41 | | As introduced. |
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| 45 | 45 | | An Act concerning certain products containing lead and supplementing Title 56 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. As used in this section: "Chalk product" means a product made from calcium carbonate or calcium sulfate, or any other product advertised by the manufacturer as chalk, which is designed or intended to draw, color, or write on blackboards or concrete surfaces. "Crayon product" means a product made from pigmented wax, or any other product advertised by the manufacturer as a crayon, which is designed or intended to draw, color, or write on paper products. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. b. (1) No person may sell, offer for sale, distribute, or manufacture a chalk product or crayon product that is made with or contains lead. (2) A person who knowingly violates the provisions of paragraph (1) of this subsection shall be guilty of an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.). c. (1) A manufacturer or distributor shall issue an immediate recall for a chalk product or crayon product if the manufacturer or distributor has reason to believe that the chalk product or crayon product is made with or contains lead. (2) The failure to issue a recall as required under paragraph (1) of this subsection shall constitute a crime of the fourth degree for a first offense, a crime of the third degree for a second offense, and a crime of the second degree for a third or subsequent offense. d. In the event the director knows or reasonably believes a chalk product or crayon product is made with or contains lead, the director shall issue an immediate recall for the product. e. (1) Within 48 hours of receiving notice from the director, or from a manufacturer or distributor, that a chalk product or crayon product has been recalled because it is made with or contains lead, any retailer carrying the product shall remove the product from display and make it unavailable for purchase. (2) Within 60 business days of receiving notice from the director, or from a manufacturer or distributor, that a chalk product or crayon product has been recalled because it is made with or contains lead, any retailer carrying the product shall return all inventory of that product to the manufacturer or distributor from which the product was obtained, at the expense of the manufacturer or distributor. (3) The failure to remove a recalled product and make it unavailable for purchase as required under paragraph (1) of this subsection, and the failure to return all inventory of a recalled product as required under paragraph (2) of this subsection shall each constitute an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.). f. (1) Within 60 business days of receiving, from a retailer, the return of a chalk product or crayon product that has been recalled because it is made with or contains lead, the manufacturer or distributor receiving the recalled product shall destroy the product in such a way that renders it useless, and shall dispose of the remnants in a manner and location designed to prevent the public from accessing the destroyed product. (2) The failure to destroy and dispose of a recalled product as required under paragraph (1) of this subsection shall constitute a crime of the fourth degree for a first offense, a crime of the third degree for a second offense, and a crime of the second degree for a third or subsequent offense. 2. This act shall take effect immediately. STATEMENT This bill prohibits the sale, distribution, and manufacture of chalk and crayon products made with or containing lead. A manufacturer or distributor of a chalk or crayon product who discovers that the product is made with or contains lead will be required to issue an immediate recall for the product. The Director of Consumer Affairs will also be authorized to issue a recall for chalk and crayon products found to contain lead. Retailers will be required to remove a recalled product from display and make it unavailable for purchase within 48 hours of receiving a recall notice, and to return all inventory of the product to the manufacturer or distributor from which the product was obtained within 60 business days. The return of recalled inventory will be at the manufacturer or distributor's expense. The manufacturer or distributor will have 60 business days to destroy the recalled product in such a way that renders it useless and removes it from public access. Under the bill, the following penalties will apply: 1) knowingly selling, offering for sale, distributing, or manufacturing a chalk product or crayon product made with or containing lead will constitute an unlawful practice under the State's consumer fraud act; 2) a retailer's failure to remove a recalled product from retail display or return the product to the manufacturer or distributor as required under the bill will constitute an unlawful practice under the State's consumer fraud act; and 3) a manufacturer or distributor's failure to issue a recall or to destroy and dispose of a recalled product as required under the bill will constitute a crime of the fourth degree in the case of a first offense, a crime of the third degree in the case of a second offense, and a crime of the second degree in the case of a third or subsequent offense. An unlawful practice under the consumer fraud act is 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, the Attorney General may issue cease and desist orders, and a violation may be subject to an assessment of punitive damages, treble damages, or costs to the injured. A crime of the fourth degree is punishable by imprisonment for up to 18 months, a fine of $10,000, or both. A crime of the third degree is punishable by imprisonment for three to five years, a fine of $15,000, or both. A crime of the second degree is punishable by imprisonment for five to 10 years, a fine of $150,000, or both. |
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| 46 | 46 | | |
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| 47 | 47 | | An Act concerning certain products containing lead and supplementing Title 56 of the Revised Statutes. |
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| 51 | 51 | | Be It Enacted by the Senate and General Assembly of the State of New Jersey: |
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| 54 | 54 | | |
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| 55 | 55 | | 1. a. As used in this section: |
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| 56 | 56 | | |
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| 57 | 57 | | "Chalk product" means a product made from calcium carbonate or calcium sulfate, or any other product advertised by the manufacturer as chalk, which is designed or intended to draw, color, or write on blackboards or concrete surfaces. |
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| 58 | 58 | | |
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| 59 | 59 | | "Crayon product" means a product made from pigmented wax, or any other product advertised by the manufacturer as a crayon, which is designed or intended to draw, color, or write on paper products. |
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| 60 | 60 | | |
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| 61 | 61 | | "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety. |
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| 62 | 62 | | |
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| 63 | 63 | | b. (1) No person may sell, offer for sale, distribute, or manufacture a chalk product or crayon product that is made with or contains lead. |
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| 65 | 65 | | (2) A person who knowingly violates the provisions of paragraph (1) of this subsection shall be guilty of an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.). |
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| 66 | 66 | | |
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| 67 | 67 | | c. (1) A manufacturer or distributor shall issue an immediate recall for a chalk product or crayon product if the manufacturer or distributor has reason to believe that the chalk product or crayon product is made with or contains lead. |
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| 68 | 68 | | |
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| 69 | 69 | | (2) The failure to issue a recall as required under paragraph (1) of this subsection shall constitute a crime of the fourth degree for a first offense, a crime of the third degree for a second offense, and a crime of the second degree for a third or subsequent offense. |
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| 71 | 71 | | d. In the event the director knows or reasonably believes a chalk product or crayon product is made with or contains lead, the director shall issue an immediate recall for the product. |
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| 72 | 72 | | |
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| 73 | 73 | | e. (1) Within 48 hours of receiving notice from the director, or from a manufacturer or distributor, that a chalk product or crayon product has been recalled because it is made with or contains lead, any retailer carrying the product shall remove the product from display and make it unavailable for purchase. |
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| 75 | 75 | | (2) Within 60 business days of receiving notice from the director, or from a manufacturer or distributor, that a chalk product or crayon product has been recalled because it is made with or contains lead, any retailer carrying the product shall return all inventory of that product to the manufacturer or distributor from which the product was obtained, at the expense of the manufacturer or distributor. |
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| 76 | 76 | | |
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| 77 | 77 | | (3) The failure to remove a recalled product and make it unavailable for purchase as required under paragraph (1) of this subsection, and the failure to return all inventory of a recalled product as required under paragraph (2) of this subsection shall each constitute an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.). |
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| 79 | 79 | | f. (1) Within 60 business days of receiving, from a retailer, the return of a chalk product or crayon product that has been recalled because it is made with or contains lead, the manufacturer or distributor receiving the recalled product shall destroy the product in such a way that renders it useless, and shall dispose of the remnants in a manner and location designed to prevent the public from accessing the destroyed product. |
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| 80 | 80 | | |
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| 81 | 81 | | (2) The failure to destroy and dispose of a recalled product as required under paragraph (1) of this subsection shall constitute a crime of the fourth degree for a first offense, a crime of the third degree for a second offense, and a crime of the second degree for a third or subsequent offense. |
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| 85 | 85 | | 2. This act shall take effect immediately. |
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| 91 | 91 | | STATEMENT |
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| 95 | 95 | | This bill prohibits the sale, distribution, and manufacture of chalk and crayon products made with or containing lead. |
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| 96 | 96 | | |
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| 97 | 97 | | A manufacturer or distributor of a chalk or crayon product who discovers that the product is made with or contains lead will be required to issue an immediate recall for the product. The Director of Consumer Affairs will also be authorized to issue a recall for chalk and crayon products found to contain lead. |
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| 98 | 98 | | |
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| 99 | 99 | | Retailers will be required to remove a recalled product from display and make it unavailable for purchase within 48 hours of receiving a recall notice, and to return all inventory of the product to the manufacturer or distributor from which the product was obtained within 60 business days. The return of recalled inventory will be at the manufacturer or distributor's expense. The manufacturer or distributor will have 60 business days to destroy the recalled product in such a way that renders it useless and removes it from public access. |
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| 100 | 100 | | |
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| 101 | 101 | | Under the bill, the following penalties will apply: |
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| 102 | 102 | | |
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| 103 | 103 | | 1) knowingly selling, offering for sale, distributing, or manufacturing a chalk product or crayon product made with or containing lead will constitute an unlawful practice under the State's consumer fraud act; |
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| 104 | 104 | | |
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| 105 | 105 | | 2) a retailer's failure to remove a recalled product from retail display or return the product to the manufacturer or distributor as required under the bill will constitute an unlawful practice under the State's consumer fraud act; and |
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| 106 | 106 | | |
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| 107 | 107 | | 3) a manufacturer or distributor's failure to issue a recall or to destroy and dispose of a recalled product as required under the bill will constitute a crime of the fourth degree in the case of a first offense, a crime of the third degree in the case of a second offense, and a crime of the second degree in the case of a third or subsequent offense. |
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| 108 | 108 | | |
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| 109 | 109 | | An unlawful practice under the consumer fraud act is 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, the Attorney General may issue cease and desist orders, and a violation may be subject to an assessment of punitive damages, treble damages, or costs to the injured. |
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| 110 | 110 | | |
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| 111 | 111 | | A crime of the fourth degree is punishable by imprisonment for up to 18 months, a fine of $10,000, or both. A crime of the third degree is punishable by imprisonment for three to five years, a fine of $15,000, or both. A crime of the second degree is punishable by imprisonment for five to 10 years, a fine of $150,000, or both. |
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