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A4705
ASSEMBLY, No. 4705
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 16, 2026
Sponsored by:
Assemblywoman� SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Co-Sponsored by:
Assemblywoman Morales
SYNOPSIS
���� Prohibits sale of crayon and chalk products
containing lead.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning certain children�s products containing lead
and supplementing Title 2C of the New Jersey Statutes and
Title 56 of
the Revised Statutes
.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� As used in this
section:
���� �Chalk product� means a
product made from calcium carbonate or calcium sulfate, or any other product
advertised by the manufacturer as chalk, which is designed or intended
primarily for use by a child or educator to draw, color, or write on
blackboards or concrete surfaces.
���� �Crayon product� means a
product made from pigmented wax, or any other product advertised by the
manufacturer as a crayon, which is designed or intended primarily for use by a
child to draw, color, or write on paper products.
���� �Director� means the Director
of the Division of Consumer Affairs in the Department of Law and Public Safety.
���� b.��� (1)� No person may sell,
offer for sale, distribute, or manufacture, a chalk product or crayon product
that is intended for use by a child under the age of six and is made with or
contains lead.�
���� (2)� A person who knowingly
violates the provisions of this subsection shall be guilty of an unlawful
practice pursuant to P.L.1960, c.39 (C.56:8-1 et seq.).
���� c.���� (1)� A manufacturer or
distributor shall issue an immediate recall for any chalk product or crayon
product that is intended for use by a child under the age of six if the
manufacturer, distributor, or importer has reason to believe that the chalk
product or crayon product is made with or contains lead.
���� (2)�� A violation of this
subsection shall constitute a crime of the fourth degree for a first offense, a
crime of the third degree for a second offense, and a crime of the second
degree for a third or subsequent offense.
���� d.� (1)� Within 48 hours of
receiving notice from the director, or from a manufacturer or distributor, that
a chalk product or crayon product for use by a child under the age of six has
been recalled because it is made with or contains lead, the retailer shall
remove the product from display and make it unavailable for purchase.
���� (2)�� Within 14 business days
of receiving notice from the director, or from a manufacturer or distributor,
that a chalk product or crayon product intended for use by a child under the
age of six has been recalled because it is made with or contains lead, the retailer
shall return all inventory of that product to the manufacturer or distributor
from which it was obtained, at the expense of the manufacturer or distributor.
���� (3)�� A violation of paragraph
(1) or (2) of this subsection shall constitute an unlawful practice pursuant to
P.L.1960, c.39 (C.56:8-1 et seq.).
���� 2.� a.� As used in this
section:
���� �Chalk product� means a
product made from calcium carbonate or calcium sulfate, or any other product
advertised by the manufacturer as chalk, which is designed or intended
primarily for use by a child or educator to draw, color, or write on
blackboards or concrete surfaces.
���� �Crayon product� means a
product made from pigmented wax, or any other product advertised by the
manufacturer as a crayon, which is designed or intended primarily for use by a
child to color, draw, or write on paper products.
���� �Director� means the Director
of the Division of Consumer Affairs in the Department of Law and Public Safety.
���� b.��� The director shall issue
an immediate recall for any chalk product or crayon product that is intended
for use by a child under the age of six if the director discovers the product
is made with or contains lead.
���� c.���� (1)� Within 60 business
days of receiving, from a retailer, a chalk product or crayon product intended
for use by a child under the age of six that has been recalled because it is
made with or contains lead, the manufacturer or distributor shall destroy the
product in such a way that renders it useless, and shall dispose of the
remnants in a manner and location designed to prevent the public from accessing
the products.
���� (2)�� A violation of this
subsection shall constitute a crime of the fourth degree for a first offense, a
crime of the third degree for a second offense, and a crime of the second
degree for a third or subsequent offense.
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill would prohibit the
sale, distribution, or manufacture of a chalk product or crayon product that is
intended for use by a child under the age of six and is made with or contains
lead.
���� The Director of Consumer
Affairs or a manufacturer or distributor of a chalk product or crayon product intended
for use by a child under the age of six who discovers that the product is made
with, or contains lead, would be required to issue an immediate recall for that
product.� Within 48 hours of receiving notice of the recall, the retailer of
the chalk product or crayon product would be required to remove the product
from display and make it unavailable for purchase.� Within 14 business days,
retailers of a recalled chalk product or crayon product would be required to
return all inventory of the product to the manufacturer or distributor from
which it was obtained, at the expense of the manufacturer or distributor.� The
manufacturer or distributor would then have 60 business days to destroy the recalled
chalk product or crayon product in such a way that renders it useless, and to
dispose of the remnants in a manner and location designed to remove them from
access by the general public.
���� The bill specifies the
following penalties for violations:
���� 1)� the knowing sell, offer
for sale, distribution, or manufacturing of a chalk product or crayon product,
which is intended for use by a child under the age of six and is made with or
contains lead, would constitute an unlawful practice under the State�s consumer
fraud act;
���� 2)� the failure to remove a
recalled chalk product or crayon product from retail display and make it
unavailable for purchase, or the failure to return the product to the
manufacturer or distributor within the requisite timeframe, would each
constitute an unlawful practice under the State�s consumer fraud act; and
���� 3)� the failure of a
manufacturer or distributor to issue an immediate recall or to destroy and
dispose of a chalk product or crayon product returned as a result of a recall,
as required, would constitute a crime of the fourth degree in the case of a
first offense, a crime of the third degree in the case of a second offense, and
a crime of the second degree in the case of a third or subsequent offense.
���� 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.
���� A crime of the fourth degree
is punishable by up to 18 months imprisonment, a fine of $10,000, or both.� A
crime of the third degree is punishable by three to five years imprisonment, a
fine of $15,000, or both, and a crime of the second degree is punishable by
five to 10 years imprisonment, a fine of $150,000, or both.