Bill Text: NJ S3702 | 2024-2025 | Regular Session | Introduced
Bill Title: Prohibits business entities from selling or manufacturing certain personal flotation devices not approved by United States Coast Guard.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-09-30 - Introduced in the Senate, Referred to Senate Commerce Committee [S3702 Detail]
Download: New_Jersey-2024-S3702-Introduced.html
Sponsored by:
Senator JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
Prohibits business entities from selling or manufacturing certain personal flotation devices not approved by United Stated Coast Guard.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning personal flotation devices 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:
"Business entity" means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association, or any other legal commercial entity organized under the laws of this State or any other state or foreign jurisdiction.
"Personal flotation device" means a wearable device, including but not limited to a lifejacket, puddle jumper, water wings, or other flotation device designed for recreational swimming and to be worn or attached to the body of a person who is less than 12 years of age.
b. It shall be unlawful for any business entity to sell, distribute, manufacturer, deliver, hold, or offer for sale in this State a personal flotation device that is not approved by the United States Coast Guard. Any business entity that violates this provision shall be subject to a civil penalty of up to $100 for a first offense, $250 for a second offense, and $500 for a third or subsequent offense, which may be collected and enforced by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
c. In accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs may promulgate rules and regulations to effectuate the provisions of this section.
2. This act shall take effect on the first day of the sixth month following enactment.
STATEMENT
This bill prohibits any business entity from selling, distributing, manufacturing, delivering, holding, or offering for sale in this State a personal flotation device (PFD) that is not approved by the United States Coast Guard. Under the bill, a "personal flotation device" is defined as a wearable device, including but not limited to a lifejacket, puddle jumper, water wings, or other flotation device designed for recreational swimming and to be worn or attached to the body of a person who is less than 12 years of age.
Any business entity that violates the provisions of this bill would be subject to a civil penalty of up to $100 for a first offense, $250 for a second offense, and $500 for a third or subsequent offense. The penalty may be collected and enforced by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
Several agencies and experts have issued warnings about the risks associated with certain PFDs, such as water wings, which can deflate or slip off, creating a false sense of safety for children and their parents. From 2018 to 2020, an average of 371 children under 15 drowned in pools or spas each year, and in 2022 there were about 6,400 non-fatal drowning incidents in the same age group. The American Red Cross advises children, inexperienced swimmers, and boaters to wear United States Coast Guard-approved life jackets. This bill aims to reduce confusion by prohibiting the sale and manufacture of unsafe PFDs from the market to better ensure that consumers can select reliable and effective PFDs for their safety.
