Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex and Hudson)
SYNOPSIS
Requires ingredients of menstrual products to be listed on package.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning menstrual products and supplementing Title 24 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:
Ingredient means an intentionally added substance that is present in a menstrual product.
Menstrual product means a product manufactured for the purpose of catching menstruation and vaginal discharge, including but not limited to a tampon, sanitary pad, disc, menstrual cup, and underwear. The term shall include both disposable and reusable products.
Package or box containing menstrual products means menstrual products packaged for individual retail sale, and does not include packaging used exclusively for shipping purposes.
b. Every package or box containing menstrual products that is sold or offered for sale in this State shall contain a label listing all of the ingredients contained in the menstrual product, with the ingredients listed in descending order of predominance within the menstrual product. The information shall be displayed in a manner that is conspicuous and easily understandable to consumers.
c. (1) A manufacturer of menstrual products that, on or after the effective date of this act, distributes to or otherwise offers for sale in New Jersey a package or box containing menstrual products that does not meet the requirements of subsection b. of this section shall be liable to a civil penalty equal to one percent of the manufacturers total annual in-State sales of menstrual products for each package or box containing menstrual products that does not meet the requirements of subsection b. of this section.
(2) A civil penalty assessed pursuant to paragraph (1) of this subsection shall be collected by the Director of the Division of Consumer Affairs in the Department of Law and Public Safety in summary proceedings before a court of competent jurisdiction pursuant to the provisions of the Penalty Enforcement Law of 1999, P.L.1999, c.274 (C.2A:58-10 et seq.).
(3) A civil penalty assessed pursuant to paragraph (1) of this subsection shall not exceed $1,000 per package or box containing menstrual products that does not meet the requirements of subsection b. of this section.
(4) No civil penalty may be assessed pursuant to paragraph (1) of this subsection for a package or box containing menstrual products that was manufactured prior to the effective date of this act.
2. This act shall take
effect immediately.
STATEMENT
This bill requires every package or box of menstrual products that is sold or offered for sale in the State to include a label listing all of the ingredients contained in the menstrual product, with the ingredients listed in descending order of predominance within the menstrual product. The information is to be displayed in a manner that is conspicuous and easily understandable to consumers.
The bill establishes a civil penalty for menstrual product manufacturers that distribute to or otherwise offer for sale in New Jersey menstrual products in packaging that does not meet the labeling requirements established under the bill. The civil penalty will be equal to one percent of the manufacturers total annual in-State sales of menstrual products for each noncompliant package or box, not to exceed $1,000 per noncompliant package or box. The civil penalty will be collected by the Division of Consumer Affairs in the Department of Law and Public Safety in summary proceedings before a court of competent jurisdiction pursuant to the Penalty Enforcement Law of 1999, P.L.1999, c.274 (C.2A:58-10 et seq.). The bill specifies that the civil penalty may not be assessed for a noncompliant package or box containing menstrual products that was manufactured prior to the effective date of the bill.
Under the bill, menstrual product is defined as a product used for the purpose of catching menstruation and vaginal discharge, including but not limited to a tampon, sanitary pad, disc, menstrual cup, and underwear. The term includes both disposable and reusable products. Package or box containing menstrual products is defined to mean menstrual products packaged for individual retail sale, and does not include packaging used exclusively for shipping purposes.