S4092

An Act prohibiting certain substances in the sale, distribution, and manufacture of commercial food, banning certain food dyes from school food, and amending R.S.24:5-8 and P.L.2007, c.45.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. R.S.24:5-8 is amended to read as follows:

24:5-8. For the purposes of this subtitle food shall be deemed adulterated:

A. (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or

(2) If it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of regulations promulgated by the Department of Health limiting the quantity therein or thereon to such extent as the Department of Health of the State of New Jersey finds necessary for the protection of the public health; or

(3) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or

(4) If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or

(5) If it is in whole or in part the product of an animal which has not been inspected, and the meat of such animal passed as fit for food:

(a) By an official federal inspector; or

(b) By such officer or person as shall be qualified for such purpose in accordance with, and in such manner as shall be prescribed by, regulations adopted by the State department, if such inspection is required by such regulations, or if it is in whole or in part the product of an animal which has died otherwise than by slaughter; or

(6) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or

(7) If, during the course of its processing, it has been exposed to, or treated with, ionized radiation, except that this paragraph shall not apply to any spice so exposed or treated.

B. (1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or

(2) If any substance has been substituted wholly or in part therefor; or

(3) If damage or inferiority has been concealed in any manner; or

(4) If any substance has been added thereto or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

C. If it falls below the standard of purity, quality or strength which it purports or is represented to possess.

D. If it bears or contains a coal-tar color other than one from a batch that has been certified under the federal act.

E. If it contains any of the following substances:

(1) Propylparaben (CAS 94-13-3);

(2) Butylated hydroxyanisole (CAS 25013-16-5);

(3) FD&C Red 3 (CAS 16423-68-0);

(4) FD&C Red 40 (CAS 25956-17-6);

(5) FD&C Yellow 5 (CAS 1934-21-0);

(6) FD&C Yellow 6 (CAS 2783-94-0);

(7) FD&C Blue 1 (CAS 3844-45-9);

(8) FD&C Blue 2 (CAS 860-22-0); or

(9) FD&C Green No. 3 (CAS 2353-45-9).

(cf: P.L.1989, c.203, s.1)

2. Section 2 of P.L.2007, c.45 (C.18A:33-16) is amended to read as follows:

2. a. [As of September 2007, the] The following items shall not be served, sold or given away as a free promotion anywhere on school property at any time before the end of the school day, including items served in the reimbursable After School Snack Program:

(1) Foods of minimal nutritional value, as defined by the United States Department of Agriculture;

(2) All food and beverage items listing sugar, in any form, as the first ingredient; [and]

(3) All forms of candy as defined by the New Jersey Department of Agriculture; and

(4) Any food containing a substance listed in paragraphs (3) through (9) of subsection E. of R.S.24:5-8.

b. Schools shall reduce the purchase of any products containing trans fats beginning September 1, 2007.

c. As of September 2007, all snack and beverage items, sold or served anywhere on school property during the school day, including items sold in a la carte lines, vending machines, snack bars, school stores and fundraisers, or served in the reimbursable After School Snack Program, shall meet the following standards:

(1) Based on manufacturers' nutritional data or nutrient facts labels, no more than eight grams of total fat per serving, with the exception of nuts and seeds, and no more than two grams of saturated fat per serving;

(2) All beverages, other than milk containing two percent or less fat, or water, shall not exceed a 12-ounce portion size; and whole milk may not exceed an eight-ounce portion;

(3) In elementary schools, beverages shall be limited to milk, water or 100 percent fruit or vegetable juices;

(4) In middle and high schools, at least 60 percent of all beverages offered, other than milk or water, must be 100 percent fruit or vegetable juice; and

(5) In middle and high schools, no more than 40 percent of all ice cream and frozen desserts shall be allowed to exceed the above standards for sugar, fat and saturated fat.

d. Food and beverages served during special school celebrations or during curriculum-related activities shall be exempt from the provisions of this section, with the exception of foods of minimal nutritional value as defined by the United States Department of Agriculture.

e. The provisions of this section shall not apply to:

(1) Medically authorized special needs diets as defined by the United States Department of Agriculture;

(2) School nurses using foods of minimal nutritional value during the course of providing health care to individual students; or

(3) Special needs students whose Individual Education Plan indicates a particular diet.

(cf: P.L.2007, c.47, s.2)

3. Section 2 of this act shall take effect immediately, and section 1 of this act shall take effect on the first day of the 25th month next following enactment.

STATEMENT

This bill adds several substances to the list of conditions the State set forth to deem commercial food adulterated. It is unlawful for any entity in the State to distribute, sell, manufacture for distribution or sale, or possess with intent to distribute or sell, an adulterated food. Each violation of the State Sanitary Code constitutes a separate offense and is punishable by a penalty of not less than $50 and not more than $1,000.

Under the bill, a food that contains butylated hydroxyanisole, propylparaben, red dyes 3 and 40, yellow dyes 5 and 6, blue dyes 1 and 2, and green dye 3 would be rendered adulterated. This general prohibition takes effect two years after the bill is enacted.

The bill also immediately adds the prohibited dyes to the list of items that are not to be served, sold, or given away as a free promotion anywhere on school property at any time before the end of the school day, including items served in the reimbursable After School Snack Program.