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Senate Commerce Committee Statement to Senate, No. 3643 (State of New Jersey, December 12, 2024)

Summary

Senate Commerce Committee statement to Senate, No. 3643 with committee amendments, State of New Jersey, dated December 12, 2024. The committee reports favorably and with committee amendments Senate Bill No. 3643, which as amended requires a manufacturer of menstrual products to label every package or box with all ingredients, and to post the label information on the manufacturer’s internet website. The statement says the bill is not to be construed to require disclosure of confidential business information on a package or box or on the website. It says the civil penalty equals one percent of the manufacturer’s total annual in-State sales of menstrual products for each noncompliant package or box, not to exceed $1,000 per noncompliant package or box.

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“Senate Commerce Committee Statement to Senate, No. 3643 (State of New Jersey, December 12, 2024).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-12-12-scm-s3643-s1-bda1b01e2f/, SHA-256 9190eba5c38fef1ff459982b20feb43117c54fafada3ef4d534a05e68bf4b3f2.

Full text

     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                  SENATE, No. 3643
                   with committee amendments



 STATE OF NEW JERSEY
                  DATED: DECEMBER 12, 2024

    The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 3643.
   As amended, this bill requires a manufacturer of menstrual
products for sale or distribution in the State, no later than 18 months
after the effective date of the bill, to: 1) include a label on every
package or box of menstrual products that is sold or offered for sale
in the State listing all of the ingredients contained in the menstrual
product, with the ingredients listed in descending order of
predominance within the menstrual product; and 2) post on its
internet website, in an electronically readable format, the label
information required under the bill to be included on every package or
box containing menstrual products.
   The bill clarifies that these provisions are not to be construed to
require a manufacturer of menstrual products to disclose confidential
business information on a package or box containing menstrual
products, or on its internet website. A manufacturer may include
confidential business information by its common name with the label
information required under the bill in order to protect a substance’s
confidential identity. The bill requires a manufacturer of menstrual
products to change the label listing any change in ingredients within
18 months of such a change.
   The bill establishes a civil penalty for menstrual product
manufacturers that manufacture for distribution or sale in the State a
package or box containing menstrual products that does not meet
the labeling requirements established under the bill. The civil
penalty will be equal to one percent of the manufacturer’s total
annual in-State sales of menstrual products for each noncompliant
package or box, not to exceed $1,000 per noncompliant package or
box. The civil penalty will be collected by the Division of
Consumer Affairs in the Department of Law and Public Safety in
summary proceedings before a court of competent jurisdiction
pursuant to State law. The bill specifies that the civil penalty may
not be assessed for a noncompliant package or box containing
menstrual products that was manufactured prior to 18 months after
the effective date of the bill.
                                     2

    As amended and reported by the committee, Senate Bill No. 3643
is identical to Assembly Bill No. 2437 (1R), which was also reported
by the committee on this date.

COMMITTEE AMENDMENTS
    The committee amendments:
    (1) clarify that a manufacturer is to include an ingredient label, as
described under the bill, on every package or box containing
menstrual products no later than 18 months after the effective date
of the bill;
    (2) add a new provision that requires a manufacturer of menstrual
products for sale or distribution in the State, no later than 18 months
after the effective date of the bill, to post on its internet website, in an
electronically readable format, the ingredients labels required under
the bill to be included on every package or box containing menstrual
products;
    (3) provide that the bill is not to be construed to require a
manufacturer of menstrual products for sale or distribution in the State
to disclose confidential business information on a package or box
containing menstrual products, or on its internet website;
    (4) define the term “confidential business information;” and
    (5) revise the definition of “ingredient.”

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