Bill Text: NJ S3036 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits sale of crayon and chalk products containing lead.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-11 - Referred to Senate Budget and Appropriations Committee [S3036 Detail]
Download: New_Jersey-2022-S3036-Introduced.html
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex)
SYNOPSIS
Prohibits sale of crayon and chalk products containing lead.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain children's products containing lead and supplementing Title 2C of the New Jersey Statutes and Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Chalk product" means a product made from calcium carbonate or calcium sulfate, or any other product advertised by the manufacturer as chalk, which is designed or intended primarily for use by a child or educator to draw, color, or write on blackboards or concrete surfaces.
"Crayon product" means a product made from pigmented wax, or any other product advertised by the manufacturer as a crayon, which is designed or intended primarily for use by a child to draw, color, or write on paper products.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
b. (1) No person may sell, offer for sale, distribute, or manufacture, a chalk product or crayon product that is intended for use by a child under the age of six and is made with or contains lead.
(2) A person who knowingly violates the provisions of this subsection shall be guilty of an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
c. (1) A manufacturer or distributor shall issue an immediate recall for any chalk product or crayon product that is intended for use by a child under the age of six if the manufacturer, distributor, or importer has reason to believe that the chalk product or crayon product is made with or contains lead.
(2) A violation of this subsection shall constitute a crime of the fourth degree for a first offense, a crime of the third degree for a second offense, and a crime of the second degree for a third or subsequent offense.
d. (1) Within 48 hours of receiving notice from the director, or from a manufacturer or distributor, that a chalk product or crayon product for use by a child under the age of six has been recalled because it is made with or contains lead, the retailer shall remove the product from display and make it unavailable for purchase.
(2) Within 14 business days of receiving notice from the director, or from a manufacturer or distributor, that a chalk product or crayon product intended for use by a child under the age of six has been recalled because it is made with or contains lead, the retailer shall return all inventory of that product to the manufacturer or distributor from which it was obtained, at the expense of the manufacturer or distributor.
(3) A violation of paragraph (1) or (2) of this subsection shall constitute an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
2. a. As used in this section:
"Chalk product" means a product made from calcium carbonate or calcium sulfate, or any other product advertised by the manufacturer as chalk, which is designed or intended primarily for use by a child or educator to draw, color, or write on blackboards or concrete surfaces.
"Crayon product" means a product made from pigmented wax, or any other product advertised by the manufacturer as a crayon, which is designed or intended primarily for use by a child to color, draw, or write on paper products.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
b. The director shall issue an immediate recall for any chalk product or crayon product that is intended for use by a child under the age of six if the director discovers the product is made with or contains lead.
c. (1) Within 60 business days of receiving, from a retailer, a chalk product or crayon product intended for use by a child under the age of six that has been recalled because it is made with or contains lead, the manufacturer or distributor shall destroy the product in such a way that renders it useless, and shall dispose of the remnants in a manner and location designed to prevent the public from accessing the products.
(2) A violation of this subsection shall constitute a crime of the fourth degree for a first offense, a crime of the third degree for a second offense, and a crime of the second degree for a third or subsequent offense.
3. This act shall take effect immediately.
STATEMENT
This bill would prohibit the sale, distribution, or manufacture of a chalk product or crayon product that is intended for use by a child under the age of six and is made with or contains lead.
The Director of Consumer Affairs or a manufacturer or distributor of a chalk product or crayon product intended for use by a child under the age of six who discovers that the product is made with, or contains lead, would be required to issue an immediate recall for that product. Within 48 hours of receiving notice of the recall, the retailer of the chalk product or crayon product would be required to remove the product from display and make it unavailable for purchase. Within 14 business days, retailers of a recalled chalk product or crayon product would be required to return all inventory of the product to the manufacturer or distributor from which it was obtained, at the expense of the manufacturer or distributor. The manufacturer or distributor would then have 60 business days to destroy the recalled chalk product or crayon product in such a way that renders it useless, and to dispose of the remnants in a manner and location designed to remove them from access by the general public.
The bill specifies the following penalties for violations:
1) the knowing sell, offer for sale, distribution, or manufacturing of a chalk product or crayon product, which is intended for use by a child under the age of six and is made with or contains lead, would constitute an unlawful practice under the State's consumer fraud act;
2) the failure to remove a recalled chalk product or crayon product from retail display and make it unavailable for purchase, or the failure to return the product to the manufacturer or distributor within the requisite timeframe, would each constitute an unlawful practice under the State's consumer fraud act; and
3) the failure of a manufacturer or distributor to issue an immediate recall or to destroy and dispose of a chalk product or crayon product returned as a result of a recall, as required, would constitute a crime of the fourth degree in the case of a first offense, a crime of the third degree in the case of a second offense, and a crime of the second degree in the case of a third or subsequent offense.
An unlawful practice under the consumer fraud act 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 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.
A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of $10,000, or both. A crime of the third degree is punishable by three to five years imprisonment, a fine of $15,000, or both, and a crime of the second degree is punishable by five to 10 years imprisonment, a fine of $150,000, or both.
