Bill Text: NJ A2937 | 2010-2011 | Regular Session | Introduced
Bill Title: Bars sales of aerosol dusters to persons under the age of 18.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-06-17 - Introduced, Referred to Assembly Law and Public Safety Committee [A2937 Detail]
Download: New_Jersey-2010-A2937-Introduced.html
Sponsored by:
Assemblywoman MARY PAT ANGELINI
District 11 (Monmouth)
SYNOPSIS
Bars sales of aerosol dusters to persons under the age of 18.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale of certain products to minors and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No person, either directly or indirectly by an agent or employee, shall sell or offer for sale to a person under 18 years of age any aerosol duster.
b. The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to subsection a. of this section:
(1) that the purchaser of the item falsely represented, by producing either a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government of Canada, or a photographic identification card issued by a county clerk, that the purchaser was of legal age to make the purchase;
(2) that the appearance of the purchaser of the item was such that an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and
(3) that the sale or distribution of the item was made in good faith, relying upon the production of the identification set forth in paragraph (1) of this subsection, the appearance of the purchaser, and in the reasonable belief that the purchaser was of legal age to make the purchase.
c. A person who violates the provisions of subsection a. of this section shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
d. A penalty imposed pursuant to this section shall be in addition to any penalty that may be imposed pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
2. a. A person who sells to a person under 18 years of age any aerosol duster shall be punished by a fine as provided for a petty disorderly persons offense. A person who has been previously punished under this section and who commits another offense under it may be punishable by a fine of twice that provided for a petty disorderly persons offense.
b. The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to subsection a. of this section:
(1) that the purchaser of the item falsely represented, by producing either a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government of Canada, or a photographic identification card issued by a county clerk, that the purchaser was of legal age to purchase the item;
(2) that the appearance of the purchaser of the item was such that an ordinary prudent person would believe the purchaser to be of legal age to purchase the item; and
(3) that the sale or distribution of the item was made in good faith, relying upon the production of the identification set forth in paragraph (1) of this subsection, the appearance of the purchaser, and in the reasonable belief that the purchaser was of legal age to purchase the item.
c. A penalty imposed pursuant to this section shall be in addition to any penalty that may be imposed pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. No person shall knowingly sell or offer for sale to the general public any aerosol duster unless a sign is exhibited where the product is paid for, containing the following warning: "Inhalant abuse can cause permanent injury or death. In New Jersey it is illegal to sell to a person under 18 years of age any aerosol duster."
A person who knowingly violates this section shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
4. For the purposes of this act, an "aerosol duster" means a canister containing a chemical propellant and compressed air used for the specific purpose of removing dust.
5. This act shall take effect immediately.
STATEMENT
This bill makes it illegal to sell or offer for sale any aerosol duster to a person under the age of 18. Civil and criminal penalties would be imposed on persons who violate the provisions of the bill.
In addition, the bill requires retailers to post warning signs where the product is paid for containing the following language: "Inhalant abuse can cause permanent injury or death. In New Jersey it is illegal to sell or give to a person under 18 years of age any aerosol duster." A civil penalty would be imposed on retailers who do not comply with this requirement.
Inhalant abuse, particularly by minors, is a growing problem. Young persons may mistakenly believe that aerosol dusters used for cleaning computers and photographic equipment, such as "Dust-Off," are "just air" and therefore harmless. But these products are made with chemical propellants that are dangerous when inhaled. Teenagers and children have been seriously injured and killed by inhaling these products in search of a "high."
