New Jersey A 4188: Prohibits use of electronic smoking devices and tobacco products by food delivery drivers while engaged in food delivery.

Bill Text

A4188 

ASSEMBLY, No. 4188 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

SYNOPSIS

���� Prohibits use of electronic smoking devices and 
tobacco products by food delivery drivers while engaged in food delivery. 

CURRENT VERSION OF TEXT 

���� As introduced.

�� 

An Act concerning food delivery drivers and supplementing 
Title 2A of the New Jersey Statutes.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� a.� An individual 
employed by a delicatessen, grocery store, supermarket, food or grocery 
delivery service, restaurant, or similar business, who is delivering food or 
groceries to a customer in the course of the individual�s employment with the 
business, shall not use an electronic smoking device or tobacco products while 
delivering, handling, or transporting the customer�s food or groceries.

���� b.��� A person who violates 
the provisions of subsection a. of this section shall be liable to a civil 
penalty 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.� The 
civil penalty shall be collected pursuant to the "Penalty Enforcement Law 
of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding 
before the municipal court having jurisdiction.� 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.� A penalty 
recovered under the provisions of this subsection shall be recovered by and in 
the name of the State by the local health agency.� The penalty shall be paid 
into the treasury of the municipality in which the violation occurred for the 
general uses of the municipality.

���� c.���� As used in this 
section: 

���� "Electronic smoking 
device" means an electronic device that can be used to deliver nicotine or 
other substances to the person inhaling from the device, including, but not 
limited to, an electronic cigarette, cigar, cigarillo, hookah, or pipe.

���� �Tobacco product" means 
any product containing, made, or derived from any tobacco, nicotine, or other 
chemicals or substances for consumption by a person, including, but not limited 
to, cigarettes, cigars, little cigars, cigarillos, pipe tobacco, or smoking tobacco.

���� 2.��� This act shall take 
effect 60 days after the date of enactment.

STATEMENT

���� This bill prohibits the use of 
electronic smoking devices and tobacco products by food delivery drivers while 
engaged in food delivery.

���� Under the bill, an individual 
employed by a delicatessen, grocery store, supermarket, food or grocery 
delivery service, restaurant, or similar business, who is delivering food or 
groceries to a customer in the course of the individual�s employment with the 
business, is prohibited from using an electronic smoking device or tobacco 
products while delivering, handling, or transporting the customer�s food or 
groceries.

���� The bill defines �electronic 
smoking device� to mean any electronic device that can be used to deliver 
nicotine or other substances to the person inhaling from the device, including, 
but not limited to, an electronic cigarette, cigar, cigarillo, hookah, or 
pipe.� �Tobacco product" means any product containing, made, or derived 
from any tobacco, nicotine, or other chemicals or substances for consumption by 
a person, including, but not limited to, cigarettes, cigars, little cigars, 
cigarillos, pipe tobacco, or smoking tobacco.

���� A person who violates the 
bill�s provisions will be liable for a civil penalty 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, to be collected in a summary 
proceeding before the municipal court having jurisdiction.