Bill Text: NJ A3750 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits sale of crib bumpers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-02-22 - Introduced, Referred to Assembly Consumer Affairs Committee [A3750 Detail]
Download: New_Jersey-2024-A3750-Introduced.html
Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Prohibits sale of crib bumpers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning crib bumpers and amending P.L.2007, c.124.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2007, c.124 (C.56:8-53.1) is amended to read as follows:
1. As used in this act:
"Child" means a person less than 14 years of age.
"Children's product" means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller, walker, swing, or toy or play equipment, that meets the following criteria:
a. the product is designed or intended for the care of, or use by, a child; or
b. the product is designed or intended to come into contact with a child while the product is used.
Notwithstanding any other provision of this section to the contrary, a product is not a "children's product" for the purposes of this act if it may be used by or for the care of a child, but it is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or for the care of a child, or it is a balloon, medication, drug, or food or is intended to be ingested.
"Commercial user" means any person who deals in children's products or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to children's products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce children's products.
"Crib" means a bed or containment designed to accommodate an infant.
"Crib bumper" means any material that is intended to cover the sides of a crib to prevent injury to a crib occupant from impacts against the side of a crib or to prevent partial or complete access to openings in the sides of a crib to prevent a crib occupant from getting a part of the body entrapped in any opening, and shall include a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers, but shall not include a non-padded mesh crib liner.
"Full-size crib" means a full-size crib as defined in Sections 1508.1 and 1508.3 of title 16, Code of Federal Regulations regarding the requirements for full-size cribs.
"Non-full-size crib" means a non-full-size crib as defined in Section 1509.2 of title 16, Code of Federal Regulations regarding the requirements of non-full-sized cribs.
"Place in the stream of commerce" means to sell, offer for sale, give away, offer to give away, or allow the use of.
(cf: P.L.2007, c.124, s.1)
2. Section 2 of P.L.2007, c.124 (C.56:8-53.2) is amended to read as follows:
2. a. It shall be an unlawful practice for any commercial user to knowingly remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product deemed unsafe in accordance with this section.
b. A children's product is deemed to be unsafe for purposes of this section if it meets any of the following criteria:
(1) it has been recalled for any reason by a federal agency or the product's manufacturer, distributor, or importer and the recall has not been rescinded; [or]
(2) a federal agency has issued a warning that a specific product's intended use constitutes a safety hazard and the warning has not been rescinded ; or
(3) it is a crib bumper, as that term is defined in section 1 of P.L.2007, c.124 (C.56:8-53.1).
(cf: P.L.2007, c.124, s.2)
3. This act shall take effect on the first day of the third month next following the date of enactment.
STATEMENT
This bill bans the sale of crib bumpers in the State by defining them as an unsafe children's product, pursuant to the consumer fraud act (CFA).
The CFA provides that it is an unlawful practice for a commercial user to knowingly remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a children's product deemed unsafe. The CFA currently provides that a product is deemed unsafe if it: (1) has been recalled for any reason by a federal agency or the product's manufacturer, distributor, or importer and the recall has not been rescinded; or (2) a federal agency has issued a warning that a specific product's intended use constitutes a safety hazard and the warning has not been rescinded. This bill provides that a crib bumper additionally would be deemed an unsafe children's product.
The bill defines a crib bumper to mean any material that is intended to cover the sides of a crib to prevent injury to a crib occupant from impacts against the side of a crib or to prevent partial or complete access to openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in an opening. The definition specifically includes a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers, but does not include a non-padded mesh crib liner.
An unlawful practice under the CFA 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, violations 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 party.
Current law further provides that licensed child care centers in the State are prohibited from using or having on premises a children's product deemed unsafe in accordance with the CFA. Accordingly, this bill would ensure that crib bumpers purchased prior to its effective date would not be used in child care centers.
