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A4188
ASSEMBLY, No. 4188
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
���� Prohibits use of electronic smoking devices and
tobacco products by food delivery drivers while engaged in food delivery.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning food delivery drivers and supplementing
Title 2A of the New Jersey Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� An individual
employed by a delicatessen, grocery store, supermarket, food or grocery
delivery service, restaurant, or similar business, who is delivering food or
groceries to a customer in the course of the individual�s employment with the
business, shall not use an electronic smoking device or tobacco products while
delivering, handling, or transporting the customer�s food or groceries.
���� b.��� A person who violates
the provisions of subsection a. of this section shall be liable to a civil
penalty of not less than $250 for the first violation, not less than $500 for
the second violation, and $1,000 for the third and each subsequent violation.� The
civil penalty shall be collected pursuant to the "Penalty Enforcement Law
of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding
before the municipal court having jurisdiction.� An official authorized by
statute or ordinance to enforce the State or local health codes or a law
enforcement officer having enforcement authority in that municipality shall
issue a summons for a violation of the provisions of subsection a. of this
section, and shall serve and execute all process with respect to the
enforcement of this section consistent with the Rules of Court.� A penalty
recovered under the provisions of this subsection shall be recovered by and in
the name of the State by the local health agency.� The penalty shall be paid
into the treasury of the municipality in which the violation occurred for the
general uses of the municipality.
���� c.���� As used in this
section:
���� "Electronic smoking
device" means an electronic device that can be used to deliver nicotine or
other substances to the person inhaling from the device, including, but not
limited to, an electronic cigarette, cigar, cigarillo, hookah, or pipe.
���� �Tobacco product" means
any product containing, made, or derived from any tobacco, nicotine, or other
chemicals or substances for consumption by a person, including, but not limited
to, cigarettes, cigars, little cigars, cigarillos, pipe tobacco, or smoking tobacco.
���� 2.��� This act shall take
effect 60 days after the date of enactment.
STATEMENT
���� This bill prohibits the use of
electronic smoking devices and tobacco products by food delivery drivers while
engaged in food delivery.
���� Under the bill, an individual
employed by a delicatessen, grocery store, supermarket, food or grocery
delivery service, restaurant, or similar business, who is delivering food or
groceries to a customer in the course of the individual�s employment with the
business, is prohibited from using an electronic smoking device or tobacco
products while delivering, handling, or transporting the customer�s food or
groceries.
���� The bill defines �electronic
smoking device� to mean any electronic device that can be used to deliver
nicotine or other substances to the person inhaling from the device, including,
but not limited to, an electronic cigarette, cigar, cigarillo, hookah, or
pipe.� �Tobacco product" means any product containing, made, or derived
from any tobacco, nicotine, or other chemicals or substances for consumption by
a person, including, but not limited to, cigarettes, cigars, little cigars,
cigarillos, pipe tobacco, or smoking tobacco.
���� A person who violates the
bill�s provisions will be liable for a civil penalty of not less than $250 for
the first violation, not less than $500 for the second violation, and $1,000
for the third and each subsequent violation, to be collected in a summary
proceeding before the municipal court having jurisdiction.