Bill Text: NJ A650 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits sale of products containing dextromethorphan to minors under 18 years of age.*
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2011-11-21 - Reported from Assembly Comm. as a Substitute, 2nd Reading [A650 Detail]
Download: New_Jersey-2010-A650-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman REED GUSCIORA
District 15 (Mercer)
Co-Sponsored by:
Assemblyman Milam, Assemblywoman Quigley and Assemblyman Diegnan
SYNOPSIS
Regulates the sale of dextromethorphan.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act regulating the sale of dextromethorphan 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. No retailer, either directly or indirectly by an agent or employee, shall sell or offer to sell to a person under 18 years of age any product containing dextromethorphan.
b. The establishment of all of the following shall constitute a defense to any prosecution brought pursuant to subsection a. of this section:
(1) that the purchaser of the product falsely represented, by producing either a driver's license or non-driver identification card issued by the New Jersey Motor Vehicle Commission, a similar card issued pursuant to the laws of another state or the federal government or Canada, or a photographic identification card issued by a governmental entity, that the purchaser was of legal age to make the purchase;
(2) that the appearance of the purchaser of the product was such that an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and
(3) that the sale of the product was made in good faith, relying upon the production of the identification set forth in paragraph (1) of this subsection, the appearance of the purchaser, and in the reasonable belief that the purchaser was of legal age to make the purchase.
2. Any retailer who, either directly or indirectly by an agent or employee, sells or offers to sell any product containing dextromethorphan shall not display, store, or place that product where it may be obtained by a consumer without assistance.
3. a. A retailer who violates the provisions of section 1, 2, or 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be liable to a civil penalty of not more than $250 for a first violation, not more than $500 for a second violation, and not more than $1,000 for a 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.
b. In the case of a retail establishment that is part of a chain with two or more locations in the State, the violation shall be assessed against the particular retail establishment and not against the chain.
c. 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 may issue a summons for a violation of the provisions of subsection a. of this section, and may 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.
4. Nothing contained in this act shall be construed to apply to the sale or dispensing of any prescription medication containing dextromethorphan, provided that it is dispensed by a pharmacist pursuant to a valid prescription.
5. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill would regulate the sale of products containing dextromethorphan. Specifically, the bill would prohibit the sale, or offering for sale, of any product containing dextromethorphan to a person under 18 years of age. In addition, the bill would prohibit retailers selling products containing dextromethorphan from displaying, storing, or placing those products where they may be obtained by a consumer without assistance.
Under the bill, violations would be punishable by a maximum civil penalty of $250 for a first violation, $500 for a second violation, and $1,000 for subsequent violations. The bill specifies that, in the case of a retail establishment that is part of a chain with two or more locations within New Jersey, violations would be assessed against the particular retail establishment and not the chain. The bill also clarifies that its provisions do not apply to the sale or dispensing of prescription medication containing dextromethorphan, provided that it is dispensed by a pharmacist pursuant to a valid prescription.
