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Bill

A 2896

Prohibits the sale of adulterated candy in New Jersey.

2024-2025 Regular Session Introduced by Gary Schaer

NJ bans sale of adulterated candy above 100 ppm lead/mercury/cadmium, and requires manufacturers to certify compliance.

Introduced in the Assembly, Referred to Assembly Consumer Affairs Committee
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Bill Summary · A 2896

Summary of Bill A 2896 — Prohibits the sale of adulterated candy in New Jersey

Purpose and scope

  • The bill prohibits the sale or offer for sale of adulterated candy in New Jersey and supplements Title 24 of the Revised Statutes. It defines adulterated candy and sets standards for lead, mercury, and cadmium content, along with enforcement and penalties.
  • Introduced in the Assembly on January 9, 2024, and referred to the Assembly Consumer Affairs Committee.

Key definitions

  • Adulterated candy: Candy that intentionally contains lead, mercury, or cadmium as a chemical element during manufacturing or distribution, or candy whose wrapper or packaging contains any of these elements.
  • Candy: A sugar- or sweetener-based product (with or without a wrapper) in bars, drops, or pieces, including the wrapper; excludes preparations containing flour or those requiring refrigeration.
  • Manufacturer: Includes (1) any entity that produces candy intended for sale in New Jersey (including importers), (2) the first purchaser who resells in the United States candy produced outside the U.S., and (3) any successor to these entities.
  • Wrapper: Packaging material or components in contact with candy, including inks, dyes, or pigments, but excluding packaging materials from which lead, mercury, or cadmium will not leach.

Core provisions

  • Prohibition on sale

    • It is illegal to sell or offer to sell adulterated candy in the State.

  • Contamination standard

    • The natural concentration of lead, mercury, or cadmium in candy sold in New Jersey must not exceed 100 parts per million by weight (0.01%).
    • Candy with naturally occurring lead, mercury, or cadmium above 100 ppm is deemed adulterated.

  • Certification requirements

    • Manufacturers must file written certifications attesting that listed candies comply with the act.
    • If a candy is reformulated or a new candy is created, a new or amended certification must be filed.
    • Copies of certification (or amendments) must be kept on file and provided to distributors, retailers, and the public upon request.

  • Department authority and inspections

    • The Department of Health may enter facilities of manufacturers, distributors, or retailers to inspect for compliance, including taking candy samples for testing.
    • If adulterated candy is found, the department may order removal from premises and require return of the entire inventory to the manufacturer, at the manufacturer’s cost.

  • Violations and penalties

    • Manufacturers: up to $10,000 for a first offense; up to $25,000 for each subsequent offense, with an aggregate cap of $100,000 in a 30-day period.
    • Distributors/Retailers: up to $1,000 for a first offense; up to $5,000 for each subsequent offense, with an aggregate cap of $25,000 in a 30-day period.
    • False certifications: up to $75,000 for a first offense; up to $250,000 for each subsequent offense.
    • Penalties are enforceable under the Penalty Enforcement Law of 1999, and the state can seek injunctive relief, costs, damages, and attorney’s fees.
    • A separate civil violation is counted for each adulterated candy sample or instance of noncompliance.

  • Fees and funding

    • The Department may set and collect fees to cover compliance, monitoring, inspection, sampling, testing, and enforcement costs.
    • Establishment of the “Reduction of Adulterated Candy Enforcement Fund” within the Department of the Treasury to hold penalties and related fees.

Who is affected

  • Candy manufacturers (including importers and first U.S. purchasers) selling candy in New Jersey.
  • Distributors and retailers who market candy within the State.
  • Consumers, who may benefit from stricter standards and transparency.

Procedural and timeline notes

  • Status: Introduced in the Assembly and referred to the Assembly Consumer Affairs Committee as of January 9, 2024.
  • The act would become operative as implemented by accompanying regulations, including fee schedules and enforcement rules, if enacted.

Bottom line

A 2896 establishes a state-wide standard prohibiting adulterated candy, sets a clear concentration threshold for lead, mercury, and cadmium, requires certifications of compliance, enhances Department of Health inspection authority, imposes penalties for violations, and creates a dedicated enforcement fund. It targets both manufacturing and distribution chains to prevent adulterated candy from entering the New Jersey market.

Compiled from official sources — confirm details with the bill’s official record.

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