ASSEMBLY HEALTH COMMITTEE
STATEMENT TO
ASSEMBLY, No. 2388
STATE OF NEW JERSEY
DATED: MAY 13, 2024
The Assembly Health Committee reports favorably Assembly Bill No. 2388.
This bill requires inspections of retail cigarette and vapor product dealers.
The bill amends section 2 of P.L.2008, c.91 (C.2A:170-51.6) and section 1 of P.L.2019, c.425 (C.2A:170-51.12) to remove the following provision: 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 shall issue a summons for a violation of the provisions of subsection a. of this section, and shall serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court.”
The bill amends section 2 of P.L.2008, c.91 (C.2A:170-51.6) and section 1 of P.L.2019, c.425 (C.2A:170-51.12) to provide the following: (1) an official authorized by the Attorney General or the Commissioner of Health, including any county or municipal law enforcement agencies or their employees to enforce this section shall inspect retail dealers at least twice annually. A follow-up inspection shall be conducted within three months following a violation of this section; (2) when so ordered by the Attorney General or the Commissioner of Health and in accordance with the procedure set forth in section 1 of P.L.2011, c.80 (C.54:40B-13.1), any cigarettes or vapor products that are found to be the subject of a violation of this section, by a court of competent jurisdiction, shall be declared prima facie contraband goods, and may be subject to seizure and disposal or destruction; and (3) a penalty recovered under the provisions of this subsection shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.
This bill was pre-filed for introduction in the 2024-2025 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.