Bill Text: NJ A1685 | 2022-2023 | Regular Session | Amended

New Jersey Assembly Bill 1685 (Prior Session Legislation)

Bill Title: Requires ingredients of menstrual products to be listed on package.

Spectrum: Moderate Partisan Bill (Democrat 15-3)

Status: (Engrossed - Dead) 2023-02-28 - Received in the Senate, Referred to Senate Commerce Committee [A1685 Detail]

Download: New_Jersey-2022-A1685-Amended.html

[First Reprint]

ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, Nos. 1685 and 3854

STATE OF NEW JERSEY

220th LEGISLATURE

ADOPTED SEPTEMBER 29, 2022

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

Assemblywoman VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman LISA SWAIN

District 38 (Bergen and Passaic)

Assemblywoman SADAF F. JAFFER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex)

Assemblyman HERB CONAWAY, JR.

District 7 (Burlington)

Co-Sponsored by:

Assemblywomen McKnight, Murphy, Piperno, Eulner, Haider, Assemblyman Stanley, Assemblywoman DeFuccio, Assemblyman Atkins and Assemblywoman Pintor Marin

SYNOPSIS

Requires ingredients of menstrual products to be listed on package.

CURRENT VERSION OF TEXT

As reported by the Assembly Appropriations Committee on February 23, 2023, with amendments.

An Act concerning menstrual products and supplementing ¹[P.L.1960, c.39 (C.56:8-1 et. seq.)] Title 24 of the Revised Statutes¹ .

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

"Ingredient" means ¹[a] an intentionally added¹ substance that is present in ¹[any quantity in]¹ a menstrual product.

"Menstrual product" means a product manufactured for the purpose of catching menstruation and vaginal discharge, including but not limited to a tampon, sanitary pad, disc, menstrual cup, and underwear. The term shall include both disposable and reusable products.

¹"Package or box containing menstrual products" means menstrual products packaged for individual retail sale, and does not include packaging used exclusively for shipping purposes.¹

b. Every package or box containing menstrual products that is sold or offered for sale in this State shall contain a label listing all of the ingredients contained in the menstrual product ¹[and the percentage of each ingredient] , with the ingredients listed in descending order of predominance within the menstrual product¹ . The information shall be displayed in a manner that is conspicuous and easily understandable to consumers.

c. ¹[It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to manufacture] (1) A manufacturer of menstrual products that, on or after the effective date of this act, distributes to or otherwise offers for sale in New Jersey¹ a package or box containing menstrual products that does not meet the requirements of subsection b. of this section ¹shall be liable to a civil penalty equal to one percent of the manufacturer's total annual in-State sales of menstrual products for each package or box containing menstrual products that does not meet the requirements of subsection b. of this section.

(2) A civil penalty assessed pursuant to paragraph (1) of this subsection shall be collected by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in summary proceedings before a court of competent jurisdiction pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

(3) A civil penalty assessed pursuant to paragraph (1) of this subsection shall not exceed $1,000 per package or box containing menstrual products that does not meet the requirements of subsection b. of this section.

(4) No civil penalty may be assessed pursuant to paragraph (1) of this subsection for a package or box containing menstrual products that was manufactured prior to the effective date of this act¹ .

2. This act shall take effect immediately.