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A2063
ASSEMBLY, No. 2063
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman LINDA S. CARTER
District 22 (Somerset and Union)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
SYNOPSIS
���� Prohibits sale and distribution of nail products
containing dibutyl phthalates, toluene, or formaldehyde.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning nail products containing dibutyl phthalates,
toluene, and formaldehyde, and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� No person shall sell,
offer for sale, or distribute any nail polish or nail hardener containing,
composed of, or made with dibutyl phthalates, toluene, or formaldehyde.
���� 2.��� Any sellor or
distributor of nail polish or nail hardener that contains, is composed of, or
is made with dibutyl phthalates, toluene, or formaldehyde, shall issue an
immediate recall for that nail polish or nail hardener.
���� 3.��� The Director of Consumer
Affairs shall issue an immediate recall for any nail polish or nail hardener
that the director determines contains, is composed of, or is made with dibutyl
phthalates, toluene, or formaldehyde.
���� 4.��� a.� Within 48 hours
after receiving notice from the Director of Consumer Affairs, a seller, or a
distributor that any nail polish or nail hardener has been recalled because it
contains, is composed of, or is made with dibutyl phthalates, toluene, or
formaldehyde, a retail mercantile establishment shall remove the nail polish or
nail hardener from any display and make it unavailable for purchase.
���� b.��� Within 14 business days
after receiving notice from the Director of Consumer Affairs, a seller, or a distributor
that any nail polish or nail hardener has been recalled because it contains, is
composed of, or is made with dibutyl phthalates, toluene, or formaldehyde, a
retail mercantile establishment shall return all inventory of that nail polish
or nail hardener to the seller or distributor from which it was obtained, at
the cost of the seller or distributor.
���� 5.��� Within 60 business days
after receiving nail polish or nail hardener that has been recalled because it
contains, is composed of, or is made with dibutyl phthalates, toluene, or
formaldehyde from a retail mercantile establishment, seller or distributor
shall dispose of the nail polish or nail hardener in a manner and location
designed to remove them from access by the general public, and in accordance
with any applicable laws governing disposal of products containing dibutyl
phthalates, toluene, or formaldehyde.
���� 6.��� A person who knowingly
violates sections 1 through 5 of P.L.���� , c.���� (C.������� ) (pending before
the Legislature as this bill) shall be guilty of an unlawful practice pursuant
to P.L.1960, c.39 (C.56:8-1 et seq.).
���� 7.��� This act shall take
effect on the first day of the seventh month next following the date of
enactment.
STATEMENT
���� This bill would prohibit the
sale or distribution of any nail polish or nail hardener containing, composed
of, or made with dibutyl phthalates, toluene, or formaldehyde.
���� The bill would prohibit the
sale or distribution of any nail polish or nail hardener containing, composed
of, or made with the prohibited chemicals.� Any seller or distributor of nail
polish or nail hardener that contains the prohibited chemicals would be
required to issue an immediate recall for that nail polish or nail hardener.
���� The Director of Consumer
Affairs would be required to issue an immediate recall for any nail polish or
nail hardener which the director determines contains dibutyl phthalates,
toluene, or formaldehyde.� A retail mercantile establishment would be required
to remove the nail polish or nail hardener from any display and make it
unavailable for purchase within 48 hours after receiving notice that the nail
products contain the prohibited chemicals, and return the recalled nail polish
or hardener to the seller or distributor within 14 days.� Within 60 business
days after receiving nail polish or nail hardener that has been recalled, the seller
or distributor would be required to dispose of the nail polish or nail hardener
in a manner and location designed to remove them from access by the general
public, and in compliance with all applicable laws for disposal.
���� A person who knowingly
violates these provisions would be guilty of an unlawful practice pursuant to
the �Consumer Fraud Act.�� An unlawful practice under the Consumer Fraud Act is
punishable by a monetary penalty of not more than $10,000 for a first offense
and not more than $20,000 for any subsequent offense.� In addition, a violation
can result in cease and desist orders issued by the Attorney General, the
assessment of punitive damages, and the awarding of treble damages and costs to
the injured.
���� This bill would take effect on
the first day of the seventh month following enactment.