Pinkin & Sumter Legislation to Keep Liquid Nicotine out of the Hands of Children Now Law

(TRENTON) — Legislation sponsored by Assemblywomen Nancy Pinkin and Shavonda Sumter to ensure liquid nicotine does not get into the hands of children was signed into law Tuesday.

“Most bottles of liquid nicotine state right on the label that it can be poisonous if ingested,” said Pinkin (D-Middlesex). “This, like so many other dangerous products on the market, requires child-proofing, especially given the fact that liquid nicotine comes in a variety of flavors that might smell enticing to an unsuspecting child.”

The new law (formerly A-4098) prohibits the sale and distribution of liquid nicotine unless the liquid nicotine is distributed and sold in a child-resistant container that meets federal design, construction, and testing requirements.

“The last thing we want is for a child to be able to get a hold of a bottle of liquid nicotine that could prove poisonous or fatal,” said Sumter (D-Bergen/Passaic). “Given the explosion in popularity of electronic smoking devices, this is a necessary precaution.”

The law defines “liquid nicotine” as “…any solution containing nicotine which is designed or sold for use with an electronic smoking device.”

Violators face civil penalties of not less than $250 for the first violation; not less than $500 for the second violation; and $1,000 for the third and each subsequent violation.

Under the law, a municipality in which a retailer does business may hold a hearing and recommend to the state Division of Taxation that the retailer’s license be suspended or revoked after two or more violations. Taxation may opt to assess administrative penalties, in the form of additional fines, in lieu of a license suspension.

The law takes effect August 1, 2016.