Bill Text: NJ A3643 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits use of electronic smoking devices and tobacco products by food delivery drivers while engaged in food delivery.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-12 - Introduced, Referred to Assembly Health Committee [A3643 Detail]
Download: New_Jersey-2024-A3643-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Prohibits use of electronic smoking devices and tobacco products by food delivery drivers while engaged in food delivery.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning food delivery drivers and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. An individual employed by a delicatessen, grocery store, supermarket, food or grocery delivery service, restaurant, or similar business, who is delivering food or groceries to a customer in the course of the individual's employment with the business, shall not use an electronic smoking device or tobacco products while delivering, handling, or transporting the customer's food or groceries.
b. 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 shall issue a summons for a violation of the provisions of subsection a. of this section, and shall 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.
c. As used in this section:
"Electronic smoking device" means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, hookah, or pipe.
"Tobacco product" means any product containing, made, or derived from any tobacco, nicotine, or other chemicals or substances for consumption by a person, including, but not limited to, cigarettes, cigars, little cigars, cigarillos, pipe tobacco, or smoking tobacco.
2. This act shall take effect 60 days after the date of enactment.
STATEMENT
This bill prohibits the use of electronic smoking devices and tobacco products by food delivery drivers while engaged in food delivery.
Under the bill, an individual employed by a delicatessen, grocery store, supermarket, food or grocery delivery service, restaurant, or similar business, who is delivering food or groceries to a customer in the course of the individual's employment with the business, is prohibited from using an electronic smoking device or tobacco products while delivering, handling, or transporting the customer's food or groceries.
The bill defines "electronic smoking device" to mean any electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, hookah, or pipe. "Tobacco product" means any product containing, made, or derived from any tobacco, nicotine, or other chemicals or substances for consumption by a person, including, but not limited to, cigarettes, cigars, little cigars, cigarillos, pipe tobacco, or smoking tobacco.
A person who violates the bill's provisions will be liable for 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, to be collected in a summary proceeding before the municipal court having jurisdiction.
