Senate Commerce Committee Statement to Senate, No. 348 — State of New Jersey (February 10, 2022)

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 348, State of New Jersey, dated February 10, 2022, reporting the bill favorably. The bill would require anyone owning or operating a packaged ice plant, or acting as a packaged ice dealer, in the State to be licensed by the Department of Health, which is to set contamination-prevention and recall standards, inspect licensees and issue guidance. Plants are to test packaged ice quarterly for certain contaminants, and the ice must meet Department of Environmental Protection drinking water standards under the "Safe Drinking Water Act." The civil administrative penalty is not more than $5,000 for the first offense and up to $25,000 for the third and subsequent offense; the bill was pre-filed for the 2022-2023 session.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE, No.
348

STATE
OF NEW JERSEY

DATED: FEBRUARY
10, 2022

The Senate Commerce Committee reports favorably Senate
Bill No. 348.

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, 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.

This
bill was pre-filed for introduction in the 2022-2023 session pending technical
review. As reported, the bill includes the changes required by technical
review, which has been performed.

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