Bill Text: NJ A5366 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits sale of water beads.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-12-11 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A5366 Detail]
Download: New_Jersey-2022-A5366-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
SYNOPSIS
Prohibits sale of water beads.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning water beads and supplementing 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. a. For the purposes of this section, "water beads" means small, round beads made of a water-absorbing polymer substance that, when placed in water, increase in size.
b. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for a person to sell, offer for sale, or distribute for sale water beads, or any product containing water beads.
c. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of this act.
2. This act shall take effect on the first day of the sixth month next following the date of enactment.
STATEMENT
This bill prohibits the sale of water beads. Water beads are small, round beads made of a water-absorbing polymer substance that, when placed in water, increase in size.
Pursuant to the bill's provisions, it would be an unlawful practice under the consumer fraud act to sell, offer for sale, or distribute water beads, or any product containing water beads. An unlawful practice 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 a cease and desist order issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured.
Water beads are fabricated from a water-absorbing polymer capable of absorbing and retaining large amounts of water. When water beads are placed in water, they can expand to many times their original size. Water beads are marketed to children as toys and adults for use as decorative items and to help retain water in plants. When ingested, water beads expand inside the body and may cause life-threatening intestinal blockage or death. The United States Consumer Product Safety Commission has reported that children can easily mistake water-absorbing polymer balls for candy.
