Bill Text: NJ S1101 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires front-loading clothes washing machines and dryers to have child safety locks; requires installation of safety locks and warning for machines previously purchased without child safety locks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Commerce Committee [S1101 Detail]
Download: New_Jersey-2024-S1101-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator BRITNEE N. TIMBERLAKE
District 34 (Essex)
SYNOPSIS
Requires front-loading clothes washing machines and dryers to have child safety locks; requires installation of safety locks and warning for machines previously purchased without child safety locks.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning child safety 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. The Legislature finds and declares that:
a. Front-loading clothes washing machines and dryers are commonplace in many homes.
b. While these appliances may not seem like household hazards, they pose a potential risk of harm to young children who may play or hide inside them and become trapped.
c. According to the Consumer Product Safety Commission (CPSC), there have been at least three deaths of children five years of age and younger since 2014 related to washing machines.
d. The CPSC also estimates that, since 2014, there have been approximately 3,000 injuries to children five years of age and younger related to washing machines.
e. Equipping front-loading washing machines and dryers with child safety locks that prevent them from being opened by small children and which cannot be removed, except through the use of a key, combination, or other method, can significantly reduce the risk of harm caused by these machines.
f. Prohibiting the sale of front-loading clothes washing machines and dryers in this State that are not equipped with child safety locks can help prevent the risk of harm to children who may be trapped inside them while playing.
2. a. A person shall not sell or offer for sale in this State a front-loading clothes washing machine or front-loading clothes dryer unless it is equipped with a child safety lock.
b. For the purposes of this section, "child safety lock" means a device or locking mechanism of a front-loading clothes washing machine or front-loading clothes dryer that:
(1) is installed in the machine:
(a) during the machine's manufacture; or
(b) in accordance with the provisions of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill);
(2) prevents the door of the machine from being opened;
(3) cannot be removed except through the use of a key, combination, or other method of access; and
(4) meets the standards established by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. a. In addition to the liability for any civil damages for any injury to a plaintiff resulting from the sale or offering for sale of a front-loading clothes washing machine or front-loading clothes dryer in violation of section 2 of P.L , c. (C. ) (pending before the Legislature as this bill), a person shall be liable for a civil penalty of:
(1) not more than $5,000 for the first offense; and
(2) not more than $10,000 for the second and each subsequent offense.
b. The penalty prescribed by this section shall be collected and enforced by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety by summary proceedings under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this subsection.
4. A manufacturer of any front-loading clothes washing machine or front-loading clothes dryer sold in the State shall:
a. provide safety locks approved by the Director of the Division of Consumer Affairs pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) for installation in front-loading clothes washing machines and dryers not equipped with a child safety lock to any vendor that sold the manufacturer's front-loading washing machines or dryers not equipped with a child safety lock prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The manufacturer shall coordinate with the vendor to ensure installation of the child safety locks, which shall be installed at the manufacturer's expense; and
b. prepare a notice warning of the risks the machines may pose to children, and a sticker to be adhered to the machines warning of the dangers of not using a child safety lock. The notice and sticker shall conform to the standards established by the Director of the Division of Consumer Affairs pursuant to section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill). The manufacturer shall provide the notices and stickers to any vendor that sold the manufacturer's front-loading washing machines or dryers not equipped with a child safety lock prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. A vendor of a front-loading clothes washing machine or front-loading clothes dryer in this State shall:
a. contact any consumer who purchased a front-loading clothes washing machine or front-loading clothes dryer not equipped with a child safety lock prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) to coordinate the installation of a child safety lock provided by the manufacturer pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), which shall be installed at the manufacturer's expense; and
b. provide a warning notice and sticker prepared in accordance with section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) to any consumer who purchased a front-loading clothes washing machine or front-loading clothes dryer not equipped with a child safety lock prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. a. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establish standards for:
(1) front-loading clothes washing machine and front-loading clothes dryer safety locks to be installed during the manufacture process;
(2) front-loading clothes washing machines and front-loading clothes dryer safety locks to be installed in machines sold without safety locks prior to the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill); and
(3) the notice and warning stickers required pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
d. The director shall promulgate any rules and regulations necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. This act shall take effect on the first day of the fourth month next following the date of enactment.
STATEMENT
This bill requires front-loading clothes washing machines and dryers to be equipped with child safety locks. The bill also requires that safety locks be installed by the vendor at the manufacturer's expense on machines previously purchased without child safety locks, and that notices and warning stickers are issued to consumers who previously purchased machines without child safety locks.
Front-loading clothes washing machines and dryers can pose a potential risk of harm to young children who may play or hide inside and become trapped. According to the Consumer Product Safety Commission (CPSC), since 2014, there have been at least three deaths, and 3,000 injuries to children five years or age and younger related to washing machines.
This bill prohibits a person from selling or offering for sale in this State a front-loading clothes washing machine or front-loading clothes dryer that is not equipped with a child safety lock. A "child safety lock" is defined under the bill to mean a device or locking mechanism of a clothes washing machine or clothes dryer that: is installed in the machine during the machine's manufacture or, in accordance with the provisions of the bill, installed on a previously sold machine that was not equipped with a child safety lock; prevents the door of the machine from being opened; cannot be removed except through the use of a key, combination, or other method of access; and meets the standards established by the Director of the Division of Consumer Affairs.
Under the bill, in addition to the liability for any injury sustained because a front-loading clothes washing machine or dryer was not equipped with a child safety lock, a person who violates the provisions of the bill is to be liable for a civil penalty of not more than $5,000 for the first offense; and not more than $10,000 for the second or subsequent offense.
A manufacturer of front-loading washing machines and dryers sold in the State is required under the bill to provide safety locks approved by the Director of the Division of Consumer Affairs for installation in front-loading washing machines or dryers not equipped with a child safety lock to any vendor that sold the machines prior to the effective date of the bill. The manufacturer is required to coordinate with the vendor to ensure installation of the child safety locks, which shall be installed at the manufacturer's expense.
A manufacturer also is required to prepare a notice warning of the risks the machines may pose to children, and a sticker to be adhered to the machines warning of the dangers of not using a child safety lock and provide the notice and sticker to any vendor that sold the manufacturer's machines not equipped with a child safety lock prior to the effective date of the bill.
A vendor also is required under the bill to contact any consumer who purchased a front-loading clothes washing machine or front-loading clothes dryer not equipped with a child safety lock prior to the effective date of the bill to coordinate the installation of a child safety lock, which is to be installed at the manufacturer's expense. A vendor also is required to provide a warning notice and sticker to the consumer.
Finally, the bill requires the Director of the Division of Consumer Affairs to establish standards for front-loading clothes washing machine and dryer safety locks and the notice and warning stickers required under the bill, and to promulgate any rules and regulations necessary to effectuate the provisions of the bill.
