ASSEMBLY, No. 4593
STATE OF NEW JERSEY
218th LEGISLATURE
INTRODUCED OCTOBER 18, 2018
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
Assemblywoman BRITNEE N. TIMBERLAKE
District 34 (Essex and Passaic)
SYNOPSIS
Requires certain furniture retailers to provide notice of furniture tip over risks; requires tip restraint devices be available for purchase.
CURRENT VERSION OF TEXT
As reported by the Assembly Consumer Affairs Committee on June 6, 2019, with amendments.
An Act concerning furniture sold at retail 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. As used in this section:
“Furniture” means a storage unit that is freestanding and over 36 inches in height including, but not limited to, shelving units, entertainment stands or towers, chests, dressers, armoires, and bureaus.
“Tip restraint device” means a mechanism that is designed to reduce the risk of furniture tipping over and may include straps, wall brackets, steel cables, or plug and screw sets.
b. A person shall not sell or offer for sale new furniture to a consumer at retail without:
(1) maintaining in stock and prominently displaying within the retail establishment tip restraint devices available for sale that are compatible with the furniture; and
(2) posting a notice that is conspicuous, easily understandable, and substantially similar to the following:
“Certain furniture may become unstable and tip over, leading to possible injury or death. Tip restraint devices may prevent tipping of furniture when properly installed.”
A person selling or offering for sale new furniture to a consumer at retail shall not be required to maintain in stock and prominently display tip restraint devices pursuant to this section for furniture that is sold with a compatible tip restraint device as part of the purchase.
A tip restraint device sold, offered for sale, or offered gratuitously as part of a furniture purchase shall include installation instructions.
c. The provisions of this section shall not apply to furniture sold or offered for sale to a consumer at retail by a person outside of this State through an Internet website.
d. A person in violation of
subsection b. of this section shall be liable for a civil penalty not to exceed
$500 for each violation, 1[to be
collected]
which may be collected and enforced by the Director of the Division of
Consumer Affairs in the Department of Law and Public Safety1 in 1[a civil action
by]1 a
summary proceeding under 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.
2. This act shall take effect on the first day of the fourth month next following the date of enactment.