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The US state of New Jersey has prohibited asbestos in all products. The new law will become effective on September 1, 2019.

SAFEGUARDS | Consumer Products NO. 074/19

assorted colored crayons

On May 10, 2019, the governor of New Jersey signed into law the A4416 bill to prohibit the sale or distribution of asbestos-containing products.

According to Title 34 “Labor and Workmen’s Compensation’, Chapter 5A-34 (C.34:5A-34 ‘Definitions’)), asbestos is defined as asbestiform varieties of actinolite, amosite (cummuningtonitegrunerite), anthophyllite, chrysotile (serpentine), crocidolite (riebeckite) and tremolite.

The new law (P.L. 2019, c.114) directs the Department of Environmental Protection (DEP) to establish a public education program concerning this prohibition. The DEP is also given new statutory powers to enter retail establishments to determine compliance.

In 2015, the Environmental Working Group (EWG) Action Fund announced their findings on asbestos in children’s crayons and toy crime lab kits. The asbestos found in the tested products was most likely to be a contaminant in talc used as a binding agent in these products (Safeguard 131/15).

Highlights of the new law are summarized in Table 1.

Jew Jersey AB 4416 (218th Legislature), P.L. 2019, c. 114
An Act Concerning the Sale or Distribution of Products Containing Asbestos, and Supplementing Title 13 of the Revised Statutes
Substance Scope Requirement Effective Date
Asbestos:
  • Actinolite
  • Amosite (cummuningtonitegrunerite)
  • Anthophyllite
  • Chrysotile (serpentine)
  • Crocidolite (riebeckite)
  • Tremolite
Products Prohibited September 1, 2019

Table 1

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