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S4039
SENATE, No. 4039
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 19, 2026
Sponsored by:
Senator� JOSEPH F. VITALE
District 19 (Middlesex)
SYNOPSIS
���� Prohibits business entities from selling or
manufacturing certain personal flotation devices not approved by United Stated
Coast Guard.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning personal flotation devices 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.��� a.� For the purposes of
this section:
���� �Business entity� means any natural
or legal person, business corporation, professional services corporation,
limited liability company, partnership, limited partnership, business trust,
association, or any other legal commercial entity organized under the laws of
this State or any other state or foreign jurisdiction.�
���� �Personal flotation device�
means a wearable device, including but not limited to a lifejacket, puddle
jumper, water wings, or other flotation device designed for recreational
swimming and to be worn or attached to the body of a person who is less than 12
years of age.�
���� b.��� It shall be unlawful for
any business entity to sell, distribute, manufacturer, deliver, hold, or offer
for sale in this State a personal flotation device that is not approved by the
United States Coast Guard.� Any business entity that violates this provision
shall be subject to a civil penalty of up to $100 for a first offense, $250 for
a second offense, and $500 for a third or subsequent offense, which may be
collected and enforced by the Director of the Division of Consumer Affairs in
the Department of Law and Public Safety in a summary proceeding pursuant to the
�Penalty Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.).� The
Superior Court shall have jurisdiction of proceedings for the enforcement of
the penalty provided by this section.�
���� c.���� In accordance with the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), the
Director of the Division of Consumer Affairs may promulgate rules and
regulations to effectuate the provisions of this section.�
���� 2.��� This act shall take
effect on the first day of the sixth month following enactment.
STATEMENT
���� This bill prohibits any
business entity from selling, distributing, manufacturing, delivering, holding,
or offering for sale in this State a personal flotation device (PFD) that is
not approved by the United States Coast Guard.� Under the bill, a �personal
flotation device� is defined as a wearable device, including but not limited to
a lifejacket, puddle jumper, water wings, or other flotation device designed for
recreational swimming and to be worn or attached to the body of a person who is
less than 12 years of age.�
���� Any business entity that
violates the provisions of this bill would be subject to a civil penalty of up
to $100 for a first offense, $250 for a second offense, and $500 for a third or
subsequent offense. The penalty may be collected and enforced by the Director
of the Division of Consumer Affairs in the Department of Law and Public Safety
in a summary proceeding pursuant to the �Penalty Enforcement Law of 1999,�
P.L.1999, c.274 (C.2A:58-10 et seq.).�
���� Several agencies and experts
have issued warnings about the risks associated with certain PFDs, such as
water wings, which can deflate or slip off, creating a false sense of safety
for children and their parents.� From 2018 to 2020, an average of 371 children
under 15 drowned in pools or spas each year, and in 2022 there were about 6,400
non-fatal drowning incidents in the same age group.� The American Red Cross
advises children, inexperienced swimmers, and boaters to wear United States
Coast Guard-approved life jackets.� This bill aims to reduce confusion by
prohibiting the sale and manufacture of unsafe PFDs from the market to better
ensure that consumers can select reliable and effective PFDs for their safety.