Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Prohibits sale of paint or coating removal products that contain methylene chloride unless purchaser meets certain safety standards for use.
CURRENT VERSION OF TEXT
As reported by the Assembly Environment and Solid Waste Committee on January 27, 2021, with amendments.
An Act concerning paint and coating removal products that contain methylene chloride 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. A person shall not sell or offer for sale in the State any paint or coating removal product that contains methylene chloride (dichloromethane) except as provided in subsection b. of this section.
b. A person may sell a paint or coating removal product that contains methylene chloride (dichloromethane) to a person who can demonstrate to the seller that the product will be used only by persons with safety equipment, training on the use of that equipment, and proper handling instructions for methylene chloride consistent with the requirements of 29 C.F.R. 1[s.1910.1051] s.1910.10521 .
c. A person who violates this section shall be liable to a civil penalty of up to $1,000 for each violation, to be collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). If the violation is of a continuing nature, each day during which it continues shall constitute a separate and distinct offense. The municipal court and the Superior Court shall have jurisdiction to enforce the “Penalty Enforcement Law of 1999.” The Department of Health or any local health agency may institute a civil action for injunctive relief to enforce this act and to prevent a violation of its provisions, and the court may proceed in the action in a summary manner. Nothing in this act shall be construed to impose liability on any news outlet that accepts or publishes advertising for any product that would otherwise be subject to the provisions of this section.
2. This act shall take effect one year after the date of enactment.