New Jersey statute
N.J.S.A. 2C:35-10.4 — Toxic chemicals
Current through P.L.2025, c.346, and J.R.22
Part of Chapter 35, New Jersey Statutes.
Criminal charges under this statute
Full text of N.J.S.A. 2C:35-10.4
Statutory text current through the P.L.2025, c.346, and J.R.22. This publication reproduces the official text of the New Jersey Statutes from the statute files published by the New Jersey Legislature; it is not the official statutes of the State of New Jersey.
7. Toxic Chemicals a. As used in this section the term "toxic chemical" means any chemical or substance having the property of releasing toxic fumes. "Toxic chemical" includes, but is not limited to, acetone, acetate, benzene, butyl alcohol, ethyl alcohol, ethylene dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, pentachlorophenol, petroleum ether, toluol, toluene and any glue, cement, adhesive, paint remover or other substance containing a chemical capable of releasing vapors or fumes causing a condition of intoxication, inebriation, excitement, stupefaction, or dulling of the brain or nervous system.
b. A person commits a disorderly persons offense if the person:
(1) inhales the fumes of any toxic chemical for the purpose of causing a condition of intoxication; or
(2) possesses any toxic chemical for the purpose of causing a condition of intoxication.
This subsection shall not apply to the possession and use of nitrous oxide or any material containing nitrous oxide for the purpose of medical, surgical, or dental care by a person duly licensed to administer nitrous oxide.
c. A person commits a fourth degree offense if the person sells, or offers to sell, any substance containing a toxic chemical knowing that the intended use of the product is to cause a condition of intoxication, or knowing that the product does not include an additive required by the Commissioner of the State Department of Health and Senior Services to discourage the inhalation of vapors of toxic chemicals for the purpose of causing a condition of intoxication. This subsection does not apply to adhesives manufactured only for industrial application or to the sale of nitrous oxide or any material containing nitrous oxide lawfully distributed pursuant to sections 1 though 6 of P.L.1982, c.127 (C.24:6G-1 et seq.).
L.1999,c.90,s.7; amended 2007, c.31, s.1.
Official sources
Legal terms used in this section
Questions this section answers
Is toxic chemicals a crime in New Jersey?
Toxic chemicals is a disorderly persons offense in New Jersey, which is not a crime under the New Jersey Constitution (N.J.S.A. 2C:1-4) — it carries no criminal record and is heard in municipal court. Governed by N.J.S.A. 2C:35-10.4.
Which New Jersey statute covers toxic chemicals?
Toxic chemicals is governed by N.J.S.A. 2C:35-10.4 (Toxic chemicals).
This reference is informational and is not legal advice.