Bill Text: NJ A2045 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits the sale of jewelry containing phthalates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-08 - Introduced, Referred to Assembly Consumer Affairs Committee [A2045 Detail]
Download: New_Jersey-2010-A2045-Introduced.html
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
Prohibits the sale of jewelry containing phthalates.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning jewelry containing phthalates and supplementing Title 2C of the New Jersey Statutes and 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. As used in this act:
"Jewelry" means any ornament for personal adornment, including but not limited to, watches, necklaces, bracelets, gems, and precious and semiprecious stones.
"Phthalates" includes diethylhexyl phthalate (DEHP), dibutyl phthalate (DBP), butyl benzyl phthalate (BBP), diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), di-n-octyl phthalate (DNOP or DnOP), and any other phthalate, as determined by the Division of Consumer Affairs, in consultation with the Department of Environmental Protection and the Department of Health and Senior Services.
2. No person shall sell at retail, offer for sale at retail, distribute, import, or manufacture any jewelry containing, composed of, or made with any phthalates.
3. Any manufacturer, distributor, or importer of jewelry, who discovers that the jewelry contains, is composed of, or is made with any phthalates, shall issue an immediate recall for that jewelry.
4. The Director of Consumer Affairs shall issue an immediate recall for any jewelry which he discovers contains, is composed of, or is made with any phthalates.
5. a. Within 48 hours of receiving notice from the Director of Consumer Affairs or a manufacturer, distributor, or importer that jewelry has been recalled because it contains, is composed of, or is made with phthalates, a retail mercantile establishment shall remove the jewelry from any display and make it unavailable for purchase.
b. Within 14 business days of receiving notice from the Director of Consumer Affairs or a manufacturer, distributor, or importer that jewelry has been recalled because it contains, is composed of, or is made with phthalates, a retail mercantile establishment shall return all inventory of that jewelry to the manufacturer, distributor, or importer from which it was obtained, at the cost of the manufacturer, distributor, or importer.
6. Within 60 business days of receiving jewelry that has been recalled because it contains, is composed of, or is made with phthalates from a retail mercantile establishment, the manufacturer, distributor, or importer shall destroy the jewelry in such a way that renders it useless, and dispose of the remnants in a manner and location designed to remove them from access by the general public.
7. a. A person who knowingly violates section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be guilty of an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
b. A violation of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
8. A violation of sections 3 or 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be 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 third or subsequent offenses.
9. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill would prohibit the sale, distribution, import, or manufacture of any jewelry which contains, is composed of, or is made with any phthalates.
Under the bill, the Director of Consumer Affairs or any manufacturer, distributor, or importer of jewelry, who discovers that jewelry contains, is composed of, or is made with phthalates, would have to issue an immediate recall for that jewelry. Within 48 hours of receiving notice of the recall, retail mercantile establishments would be required to remove the jewelry from displays and make it unavailable for purchase. Within 14 business days, retail mercantile establishments would be required to return all inventory of the jewelry to the manufacturer, distributor, or importer from which it was obtained, at the cost of the manufacturer, distributor, or importer. The manufacturer, distributor, or importer would then have 60 business days to destroy the jewelry in such a way that renders it useless, and to dispose of the remnants in a manner and location designed to remove them from access by the general public.
The bill specifies the following penalties for violations:
· knowingly selling, offering for sale, distributing, importing, or manufacturing jewelry which contains, is composed of, or is made with phthalates would be an unlawful practice;
· failing to remove the recalled jewelry from displays, make it unavailable for purchase, or return it to the manufacturer, distributor, or importer within the required timeframe would be an unlawful practice; and
· a manufacturer, distributor, or importer failing to issue an immediate recall or destroy and dispose of jewelry returned to them as a result of a recall, as required, would be 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 third or subsequent offenses.
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, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages and the awarding of treble damages and costs to the injured.
A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of $10,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of $15,000, or both, and a crime of the second degree is punishable by five to 10 years imprisonment, a fine of $150,000, or both.
