Sponsored by:
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Prohibits sale or distribution of liquid nicotine except in child-resistant containers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning liquid nicotine 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. a. No person, either directly or indirectly by an agent or employee, or by a vending machine owned by the person or located in the person's establishment, shall sell, offer for sale, give, furnish, or distribute for commercial purpose at no cost or minimal cost or with coupons or rebate offers, liquid nicotine to any person unless the liquid nicotine is sold, offered for sale, given, furnished, or distributed for commercial purpose in a child-resistant container.
As used in this section:
(1) “child-resistant container” means a container which is designed and constructed in a manner so that it is significantly difficult for a child five years of age or younger to open the package or otherwise risk exposure to liquid nicotine; and
(2) “liquid nicotine” means any solution containing nicotine which is designed or sold for use with an electronic smoking device.
b. A person who violates the provisions of subsection a. of this section shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes, or a law enforcement officer having enforcement authority in that municipality, may issue a summons for a violation of the provisions of subsection a. of this section, and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
c. In addition to the provisions of subsection b. of this section, upon the recommendation of the municipality, following a hearing by the municipality, the Division of Taxation in the Department of the Treasury may suspend or, after a second or subsequent violation of the provisions of subsection a. of this section, revoke the license of a retail dealer issued under section 202 of P.L.1948, c.65 (C.54:40A-4). The licensee shall be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation, which may provide for a monetary penalty in lieu of a suspension.
2. The Commissioner of Health shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), promulgate rules and regulations to effectuate the purposes of this act. Such rules and regulations may include standards for the design and construction of child-resistant containers for liquid nicotine.
3. This act shall take effect the first day of the seventh month next following the date of enactment, except that the Commissioner of Health may take any anticipatory administrative action in advance as shall be necessary to for the implementation of this act.
STATEMENT
This bill prohibits the sale and distribution of liquid nicotine unless the liquid nicotine is sold, offered for sale, given, furnished, or distributed in a child-resistant container which is designed and constructed so that it is significantly difficult for a child five years of age or younger to open the package or otherwise risk exposure to liquid nicotine. The bill defines “liquid nicotine” to mean any solution containing nicotine which is designed or sold for use with an electronic smoking device.
Violations of the bill would be punishable by a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty would be recovered by and in the name of the State by the local health agency, and paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality. Additionally, upon the recommendation of the municipality, following a hearing by the municipality, the Division of Taxation in the Department of the Treasury may suspend or, after a second or subsequent violation, revoke the license of a retail dealer. The licensee would also be subject to administrative charges, based on a schedule issued by the Director of the Division of Taxation, which may provide for a monetary penalty in lieu of a suspension.