Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex)
Assemblywoman ANGELA V. MCKNIGHT
District 31 (Hudson)
Co-Sponsored by:
Assemblyman Stanley
SYNOPSIS
Prohibits sale of crayon and chalk products containing lead.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain childrens 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 States 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 retu