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Senate Commerce Committee Statement to Senate, No. 3404 (February 16, 2023)

Summary

Senate Commerce Committee statement to Senate, No. 3404, State of New Jersey, dated February 16, 2023. The committee reports favorably Senate Bill No. 3404, which provides for the licensure of packaged ice plants and packaged ice dealers. The statement says the New Jersey Department of Health must establish standards for the manufacturing, storage, and distribution of packaged ice, and that packaged ice plants must conduct quarterly testing for certain contaminants. If a contaminant may present an imminent and substantial danger to public health and safety, the Commissioner of Health may take action deemed necessary, including issuing orders and commencing a civil action. A person who violates the bill would be liable to a civil administrative penalty of not more than $5,000 for the first offense.

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Cite this document

“Senate Commerce Committee Statement to Senate, No. 3404 (February 16, 2023).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-02-16-scm-s3404-s1-b6f8a011aa/, SHA-256 72a384512b17ac46a607d7491756806a3011ce128da61bd58f61638f1d8f21eb.

Full text

     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 3404

 STATE OF NEW JERSEY
                  DATED: FEBRUARY 16, 2023

   The Senate Commerce Committee reports favorably Senate Bill
No. 3404.
   This bill provides for the licensure of packaged ice plants and
packaged ice dealers.
   Under the bill, the New Jersey Department of Health is required
to establish standards governing the manufacturing, storage, and
distribution of packaged ice, including standards addressing the
processing, packaging, storage, and distribution methods necessary
to prevent the contamination of packaged ice or its packaging
materials and recall procedures for contaminated packaged ice.
   Under the bill, packaged ice plants and packaged ice dealers who
are also packaged ice plants are to conduct quarterly testing of
packaged ice to determine the presence of certain contaminants. In
addition, packaged ice which is manufactured, distributed, or sold
within this State is to comply with the regulations concerning
drinking water quality standards adopted by the Department of
Environmental Protection pursuant to the “Safe Drinking Water
Act.”
   The bill requires any person owning or operating a packaged ice
plant located within, or conducting business within, this State or
acting as a packaged ice dealer within this State is to hold a valid
license issued by the Department of Health. Under the bill, the
Department of Health is to:
     ensure that any applicant or licensee adhere to any standards
        established by the department pertaining to packaged ice
        plants or packaged ice distribution;
     inspect licensed packaged ice plants and packaged ice
        dealers to ensure compliance with standards established by
        the department; and
     disseminate informational material to instruct and assist
        applicants and licensees regarding best practices in the
        industry, as well as the types of activities that constitute a
        statutory or regulatory violation.
   In the event that it is discovered that a contaminant which is
present in packaged ice may present an imminent and substantial
danger to the public health and safety, the Commissioner of Health
may take any action deemed necessary to protect the public health
and safety. The actions may include, but need not be limited to,
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issuing any orders necessary to protect consumers of the packaged
ice, and commencing a civil action for appropriate relief, including
a restraining order or permanent or temporary injunction.
   Any person who sells or manufactures or who has in that
person’s possession with intent to sell in this State any packaged ice
in violation of this bill shall be liable to a civil administrative
penalty of not more than $5,000 for the first offense, or more than
$10,000 for the second offense, and up to $25,000 for the third and
subsequent offense.
   The bill defines “packaged ice plant” to mean any place,
premises, or establishment where a person is engaged in the
production, processing, or packaging of packaged ice for wholesale
distribution or sale directly to the consumer and includes rooms and
premises where machines, utensils, and packaging are washed,
sanitized, or kept. In addition, the bill defines “packaged ice
dealer” to mean a person engaged in the business of distributing
packaged ice to retailers for sale to consumers.

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