Bill Text: NJ A3936 | 2010-2011 | Regular Session | Introduced
Bill Title: Regulates use of pallets in shipment and storage of certain agricultural commodities, foods, drugs, and medicinal products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-05 - Introduced, Referred to Assembly Consumer Affairs Committee [A3936 Detail]
Download: New_Jersey-2010-A3936-Introduced.html
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
SYNOPSIS
Regulates use of pallets in shipment and storage of certain agricultural commodities, foods, drugs, and medicinal products.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning pallets and supplementing of Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill):
a. "Pallet" means an object consisting of a flat or horizontal deck or platform that is used as a base for storing or transporting objects, wares, goods, or commodities and which has a forklift entry supported by structural components.
b. "Moisture content" means the weight of water in a pallet expressed as a percentage of the total dry weight of the pallet.
c. "Pesticide" means any pesticide or pesticidal active ingredient alone, or in combination with inert ingredients, that the United States Environmental Protection Agency has determined to be of a character necessary to be regulated pursuant to the "Federal Insecticide, Fungicide, and Rodenticide Act," 7 U.S.C. s.136 et seq.
2. No person or corporation shall give away, sell, rent, barter, exchange, or offer for sale, at wholesale or retail, any pallet for use in storing or transporting raw agricultural commodities, or any raw, processed, or packaged food, drug, or medicinal product, unless the pallet:
a. Has a moisture content below 20 percent;
b. Has been cleansed and sanitized using high temperature treatment, kiln drying, steam heating, high pressure wash in combination with a food-contact-suitable sanitizing agent, the Electro Thermic Bacteriolysis process, radiation, or microwave technology;
c. Has been maintained in a safe and hygienic manner designed to minimize the likelihood of contact with contaminants; and
d. Does not have any protruding nails, screws, or broken or damaged parts that can penetrate into the commodity, food, drug, or medicinal product.
3. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate the provisions of this act.
4. This act shall take effect on the first day of the 13th month following enactment.
STATEMENT
This bill would require that pallets used for storing or transporting raw agricultural commodities, foods, drugs, and medicinal products: (1) have a moisture content below 20 percent; (2) have been cleansed and sanitized using an approved method; (3) have been maintained in a manner designed to minimize the likelihood of contact with contaminants; and (4) not have any protruding parts that could penetrate into the commodity, food, drug, or medicinal product.
Pallets, defined in the bill as objects consisting of a flat or horizontal deck or platform used as a base for storing or transporting objects with a forklift entry supported by structural components, are an integral component of the shipment and storage of products in domestic and international commerce. Pallets can have a significant effect on the purity and safety of the products shipped and stored on them. If not properly cared for, pallets can harbor bacteria like Salmonella, E. coli, and Listeria which are known to cause illness in humans and can harbor harmful pests that can destroy trees and cops.
A violation of this bill's provisions is an unlawful practice under the Consumer Fraud Act which 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 party.
