SENATE, No. 3036
STATE OF NEW JERSEY
220th LEGISLATURE
INTRODUCED SEPTEMBER 22, 2022
Sponsored by:
Senator M. TERESA RUIZ
District 29 (Essex)
SYNOPSIS
Prohibits sale of crayon and chalk products containing lead.
CURRENT VERSION OF TEXT
As reported by the Senate Health, Human Services and Senior Citizens Committee on May 11, 2023, with amendments.
An Act concerning certain 1[children’s]1 products containing lead and supplementing 1[Title 2C of the New Jersey Statutes and]1 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 1[primarily for use by a child or educator]1 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 1[primarily for use by a child]1 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 1[,]1 a chalk product or crayon product that is 1[intended for use by a child under the age of six and is]1 made with or contains lead.
(2) A person who knowingly violates the provisions of 1paragraph (1) of1 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 1[any]1 chalk product or crayon product 1[that is intended for use by a child under the age of six]1 if the manufacturer 1[,] or1 distributor 1[, or importer]1 has reason to believe that the chalk product or crayon product is made with or contains lead.
(2) 1[A violation] The failure to issue a recall as required under paragraph (1)1 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. 1In the event the director knows or reasonably believes a chalk product or crayon product is made with or contains lead, the director shall issue an immediate recall for the product.
e.1 (1) Within 48 hours of receiving notice from the director, or from a manufacturer or distributor, that a chalk product or crayon product 1[for use by a child under the age of six]1 has been recalled because it is made with or contains lead, 1[the] any1 retailer 1carrying the product1 shall remove the product from display and make it unavailable for purchase.
(2) Within 1[14] 601 business days of receiving notice from the director, or from a manufacturer or distributor, that a chalk product or crayon product 1[intended for use by a child under the age of six]1 has been recalled because it is made with or contains lead, 1[the] any1 retailer 1carrying the product1 shall return all inventory of that product to the manufacturer or distributor from which 1[it] the product1 was obtained, at the expense of the manufacturer or distributor.
(3) 1[A violation of] The failure to remove a recalled product and make it unavailable for purchase as required under1 paragraph (1) 1[or] of this subsection, and the failure to return all inventory of a recalled product as required under paragraph1 (2) of this subsection 1,1 shall 1each1 constitute an unlawful practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
1f. (1) Within 60 business days of receiving, from a retailer, the return of a chalk product or crayon product that has been recalled because it is made with or contains lead, the manufacturer or distributor receiving the recalled product 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 destroyed product.
(2) The failure to destroy and dispose of a recalled product as required under paragraph (1) 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.1
1[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.]1
1[3.] 2.1 This act shall take effect immediately.