Bill Text: NJ A2437 | 2024-2025 | Regular Session | Amended
Bill Title: Requires ingredients of menstrual products to be listed on package.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Engrossed) 2024-12-12 - Referred to Senate Budget and Appropriations Committee [A2437 Detail]
Download: New_Jersey-2024-A2437-Amended.html
ASSEMBLY, No. 2437
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman LISA SWAIN
District 38 (Bergen)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Co-Sponsored by:
Assemblywomen Murphy, Haider, Assemblymen Stanley, Atkins, Assemblywoman Pintor Marin, Assemblyman Sampson, Assemblywomen Park, Lopez, Lampitt, Assemblyman Rodriguez, Assemblywomen Ramirez and Morales
SYNOPSIS
Requires ingredients of menstrual products to be listed on package.
CURRENT VERSION OF TEXT
As reported by the Assembly Community Development and Women's Affairs Committee on October 17, 2024, with amendments.
An Act concerning menstrual products and supplementing Title 24 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:
1"Confidential business information" means a substance or a combination of substances present in a menstrual product that serve a technical or functional purpose in the finished menstrual product, and for which a claim has been approved by the United States Environmental Protection Agency for inclusion on the confidential portion of the "Toxic Substances Control Act," Pub.L.94-469 (15 U.S.C. s.2601 et seq.) Chemical Substance Inventory or for which the manufacturer of the menstrual product or the supplier of the substance claim protection under the federal "Defend Trade Secrets Act of 2016," Pub.L.114-153 (18 USC s.1836 et seq.) or the "New Jersey Trade Secrets Act," P.L.2011, c.161 (C.56:15-1 et seq).1
"Ingredient" means an intentionally added substance 1[that is] or a combination of substances1 present in a menstrual product 1that serve a technical or functional purpose in the finished menstrual product, provided that the substance or the combination of substances is not considered confidential business information1.
"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 1menstrual1 underwear. The term shall include both disposable and reusable products.
"Package or box containing menstrual products" means menstrual products packaged for individual retail sale, and does not include packaging used exclusively for shipping purposes.
b. 1[Every] No later than 18 months after the effective date of this section, a manufacturer of menstrual products for sale or distribution in the State shall:
(1) include a label on every1 package or box containing menstrual products that is sold or offered for sale in this State 1[shall contain a label]1 listing all of the ingredients contained in the menstrual product, with the ingredients listed in descending order of predominance within the menstrual product. The information shall be displayed in a manner that is conspicuous and easily understandable to consumers1; and
(2) post on its internet website, in an electronically readable format, the label information required to be included on every package or box containing menstrual products pursuant to paragraph (1) of this subsection. A manufacturer may use technologies, including, but not limited to, digital link, to communicate the information required by this subsection.
c. The provisions in subsection b. of this section shall not be construed to require a manufacturer of menstrual products for sale or distribution in the State to disclose confidential business information on a package or box containing menstrual products, or on its internet website. A manufacturer may include confidential business information by its common name with the label information required under subsection b. of this section in order to protect a substance's confidential identity.
d. A manufacturer of menstrual products when required to change the label on a menstrual product due to a change in ingredient, or addition or removal of an ingredient, shall make the change to the label within 18 months of the change in such ingredient.
e.1 (1) A manufacturer of menstrual products that1[, on or after the effective date of this act, distributes to or otherwise offers for sale in New Jersey] manufactures for distribution or sale in the State1 a package or box containing menstrual products that does not meet the requirements of 1paragraph (1) of1 subsection 1[b]b.1 of this section shall 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 1paragraph (1) of1 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 118 months after1 the effective date of this act.
2. This act shall take effect immediately.
