reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 22 - HALAL FOOD › Section 13:45A-22.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Advertises, represents or holds itself out" means engaging, directly or indirectly, in promotional activities including, but not limited to, oral representations, newspaper, radio and television advertising, Internet and electronic media, telephone book listings, distribution of fliers and menus and any in-store signs or announcements.
"Certified" means guaranteed as meeting a standard and endorsed by a halal certifying agency.
"Dealer" means any establishment that advertises, represents or holds itself out as selling, preparing or maintaining food as halal, including, but not limited to, persons, manufacturers, slaughterhouses, processors, wholesalers, stores, restaurants, hotels, caterers, catering facilities, butcher shops, summer camps, bakeries, delicatessens, supermarkets, grocery stores, nursing homes, freezer dealers and food plan companies. Such establishments may also deal in food not represented as halal.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or the Director's designee.
"Disclosure" means the form(s) provided by the Division and executed by a dealer for the purpose of disclosing to consumers and to the Division practices relating to the slaughter of animals, preparation, handling and sale of food represented to be halal.
"Division" means the Division of Consumer Affairs in the Department of Law and Public Safety.
"Food" means a food, food product, food ingredient, dietary supplement or beverage.
"Halal certifying agency" means an independent third party, non-profit or a private entity, non-governmental agency or organization, which supervises a business, product or the production or preparation of food and attests it was in conformance with the standards of halal. Such agencies may endorse a business, product or food as halal by giving a halal symbol.
"Meat" means animal and/or poultry meat, meat products or meat byproducts.
"Person" means an individual, corporation, business trust, trust, estate, partnership, association, two or more persons having a joint or common interest or any other legal or commercial entity. When used in this subchapter, "person" shall include, but not be limited to, all retail establishments, all dealers as defined above, and all others along the chain of commerce from the time a food is produced or, in the case of meat or poultry, from the time of slaughter to the time of its sale.
"Properly sealed packages" means those packages which bear a halal symbol sealed by the manufacturer, processor or wholesaler at its premises.
"Sell" means to offer for sale, expose for sale, serve or sell, directly or indirectly.
"Wholesaler" means any person selling food to another person where that food is intended for resale.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 22 - HALAL FOOD › Section 13:45A-22.3 - Disclosure statement; posting of disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A dealer selling food represented as halal shall request in writing from the Division the halal disclosure form(s) and halal disclosure statement(s) applicable to its business. When making a request, the dealer shall identify its business practices on a disclosure form statement provided by the Division.
(b) A dealer shall complete and return to the Division within 14 calendar days of receipt the halal disclosure form(s) provided by the Division. A dealer who completes a halal disclosure form shall conform its sales practices to those it set forth on the halal disclosure form that it returns to the Division.
(c) A dealer selling food represented as halal shall complete and post, in a location on its premises readily visible to the consumer, the applicable halal disclosure statement provided by the Division.
(d) In the event of any change in the practices reported to the Division on the halal disclosure form and posted on the halal disclosure statement, a dealer shall immediately manually amend its posted halal disclosure statement to reflect the change in the posted practices and shall inform the Director in writing, and if applicable, any party to a contract, within 14 calendar days of any change in the stated information. The Division shall provide the dealer with a new halal disclosure form and a new halal disclosure statement. The dealer shall complete and return the new halal disclosure form to the Division within 14 calendar days and shall complete and post the new halal disclosure statement.
(e) A person may sell both food represented as halal and food not represented as halal as long as the food is properly identified and the fact is noted on the halal disclosure statement.
(f) A person whose sole representation of halal food is limited to the contents of food which is in properly sealed packages prepared by others who labeled the package halal shall be exempt from the requirements of this section.
(g) In addition to the posted halal disclosure statement required by this section, nursing homes, summer camps, caterers or other dealers who serve prepared food pursuant to a contract shall furnish to the consumer or his or her legal representative a copy of the halal disclosure statement prior to the signing of the contract.
(h) Any individual or entity giving halal supervision to any dealer in New Jersey shall file annually with the Director a document listing the name, address and type of each establishment that is supervised.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 22 - HALAL FOOD › Section 13:45A-22.4 - Oral disclosure

Current through Register Vol. 56, No. 14, July 15, 2024
In establishments such as hospitals or other places where representations that food is halal are not made until after the consumer has made a request for halal food, the disclosure may be orally provided to the consumer either prior to serving the food or together with the food when served.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 22 - HALAL FOOD › Section 13:45A-22.5 - Reliance on representation; good faith; defense

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person subject to the requirements of 13:45A-22.3 and 22.4 shall not have committed an unlawful practice if it can be shown, by a preponderance of the evidence, that the person relied in good faith upon the representations that the food is halal made by the following:
1. A slaughterhouse;
2. A manufacturer;
3. A processor;
4. A packer; or
5. A distributor.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 22 - HALAL FOOD › Section 13:45A-22.6 - Recordkeeping requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Dealers shall keep complete and accurate records of all food purchased as halal including:
1. The name and address of the slaughterhouse, wholesaler or other source from which the food is purchased;
2. The dates of purchase;
3. The quantities of food purchased;
4. The identity or nature of food; and
5. Copies of all invoices and bills of sale.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 22 - HALAL FOOD › Section 13:45A-22.7 - Presumptions

Current through Register Vol. 56, No. 14, July 15, 2024
Possession by a dealer of any food which does not conform with the disclosure statement required by 13:45A-22.3 is presumptive evidence that the dealer possesses that food with the intent to sell it in nonconformance with the disclosure.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 22 - HALAL FOOD › Section 13:45A-22.8 - Inspection of dealers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inspections of dealers and dealers' premises shall be conducted by authorized inspectors of the Division.
(b) For purposes of conducting an inspection, an inspector shall have the right of entry to, upon and through the business premises of any dealer which represents food as halal.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 22 - HALAL FOOD › Section 13:45A-22.10 - Unlawful practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to any violation of any other statutes or regulations, the following shall constitute an unlawful practice by a dealer under the Consumer Fraud Act, 56:8-1 et seq.:
1. Failure to comply with the disclosure requirements of 13:45A-22.3;
2. Failure to request a halal disclosure statement form from the Division;
3. Failure to return the completed disclosure statement within 14 calendar days of receipt;
4. Failure to conform sales practices with the posted disclosures;
5. Failure to conform posted disclosures with the disclosure filed with the Division;
6. Failure to comply with the recordkeeping requirements of 13:45A-22.6;
7. Use by any person of a recognized halal food symbol without first obtaining written authorization by the person or halal certification agency representing that symbol;
8. Failure to permit an inspector entry upon the business premises of a dealer or to interfere in any way with an inspection;
9. Failure to respond in a timely fashion to an inquiry conducted by the Division;
10. Failure to attend any scheduled proceeding as directed by the Division. In the event that a person elects to retain counsel for the purpose of representation in any such proceeding, it shall be the person's responsibility to do so in a timely fashion. The failure of a person to retain counsel, absent a showing of good cause for such failure, shall not require an adjournment of the proceeding;
11. Failure to answer any question pertinent to an inquiry made pursuant to 56:8-3, or other applicable law, unless the response is subject to a bona fide claim of privilege; or
12. Failure to make a proper and timely response by way of appearance and/or production of documents to any subpoena issued pursuant to 56:8-3 or as otherwise may be provided by law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 23 - DECEPTIVE PRACTICES CONCERNING WATERCRAFT REPAIR › Section 13:45A-23.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
"Customer" means the owner, or any family member, employee or any other person whose use of the watercraft is authorized by the owner.
"Director" means the Director of the Division of Consumer Affairs.
"Repair of watercraft" means all maintenance and repair to such watercraft, its engine or motor, but excluding lubrication, oil changes, installing light bulbs, and other such minor accessories and services. No service or accessory to be installed shall be excluded for purpose of this rule if the Director determines that the performance of the service or the installation of an accessory requires mechanical expertise has given rise to a high incidence of fraud or deceptive practices or involves a part of such watercraft essential to its safe operation.
"Watercraft" includes but is not limited to any craft, boat or vessel, powerboat, sailboat, motor sailer, mono hull, catamaran or trimaran, documented or registered (if required) in the State of New Jersey or by any other agency having authority to document or register watercraft.
"Watercraft repair dealer" means any person who, for compensation, engages in the business of performing or employing persons who perform maintenance, diagnosis or repair services on any watercraft, its propulsion system (internal combustion or electrical, inboard or outboard) or the replacement of parts including, but not limited to, hull planking, fiberglass sections and standing rigging, and shall include, but not be limited to, boat dealers, repair shops (fixed, mobile or marina) and marinas where such maintenance, diagnosis or repair services are available. Excluded are those persons who engage in the business of repairing watercraft of commercial or industrial establishments or government agencies, under contract or otherwise, but only with respect to such accounts.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 24 - TOY AND BICYCLE SAFETY › Section 13:45A-24.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is:
1. To implement P.L. 1991, c.250, by setting forth regulations for the reporting of toy-related deaths or injuries;
2. To implement P.L. 1991, c.295, by setting forth regulations for disseminating notice of defective or hazardous toys or other articles intended for use by children;
3. To implement P.L. 1991, c.323, by setting forth regulations for a notice promoting the use of helmets to be affixed to bicycles sold at retail in the State of New Jersey; and
4. To implement P.L. 2007, c. 124, by setting forth regulations concerning the dissemination of a list of children's products that have been identified as unsafe.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 24 - TOY AND BICYCLE SAFETY › Section 13:45A-24.2 - Reporting of toy-related injuries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this section, the following words shall have the following meanings:
"Toy" means a plaything or item primarily marketed for the amusement or recreation of children, as well as any article that is designed for use by children, such as a stroller, crib, child-sized furniture, pacifier, teething ring, etc.
"Toy-related injury" means an injury to a person of any age caused or worsened by a toy as defined above; the term does not include an injury which involved a toy but was not directly caused by the toy or worsened by an apparent characteristic of the toy.
(b) Whenever a physician has before him or her a person whose injury or death the physician determines to be or reasonably suspects may be toy-related, the physician or designee shall, as soon as practicable but no later than the next business day, make a report as follows:
1. If the injured person was seen in a private office or non-institutional setting, the physician shall report the toy-related injury to:
Executive Director
Office of Consumer Protection
P.O. Box 45025
124 Halsey Street
Newark, New Jersey 07101
Tel.: (201) 504-6257
2. If the injured person was seen in a licensed health-care facility or other medical treatment center, or on the premises of a health maintenance organization, the physician or designee shall promptly report the injury or death to the medical director of that organization.
3. The medical director shall transmit the information supplied pursuant to (b)2 above as soon as practicable but no later than the next business day to the Office of Consumer Protection at the address set forth in (b)1 above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 24 - TOY AND BICYCLE SAFETY › Section 13:45A-24.3 - Recall notices for children's products

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this section, the following words shall have the following meanings:
"Child" means a person less than 14 years of age.
"Children's product" means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high chair, booster chair, hook-on chair, bath seat, gate or other enclosure for confining a child, play yard, stationary activity center, carrier, stroller, walker, swing, or toy or play equipment, that meets the following criteria:
1. The product is designed or intended for the care of, or use by, a child; or
2. The product is designed or intended to come into contact with a child while the product is used.
A product is not a "children's product" for the purposes of this subchapter if it may be used by or for the care of a child, but is designed or intended for use by the general population or segments of the general population and not solely or primarily for use by or for the care of a child, or if it is a balloon, medication, drug, or food or is intended to be ingested.
"Dealer" means a person who sells at retail a toy or other article intended for use by children. A dealer who sells at wholesale such toy or article shall, with respect to that sale, be considered the "distributor" of that item.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Distributor" means a person who sells at wholesale a toy or other article intended for use by children, or a parent company which purchases said items and distributes them to its authorized outlet stores.
"Manufacturer" means a person who, under any name, manufactures or imports a toy or other article distributed in New Jersey. When the toy or other article is distributed or sold under a name other than that of the actual manufacturer of the toy or other article, the term "manufacturer" includes any person under whose name the toy or other article is distributed or sold.
"Unsafe children's product" means a children's product:
1. That has been recalled for any reason by a Federal agency or the product's manufacturer, distributor, or importer and the recall has not been rescinded; or
2. Is the subject of a warning issued by a Federal agency that its intended use constitutes a safety hazard and the warning has not been rescinded.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 24 - TOY AND BICYCLE SAFETY › Section 13:45A-24.4 - Bicycle safety notices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to the notices required by 39:4-10.3 to be posted, a bicycle safety statement promoting the use of helmets shall be prominently affixed to every new or used bicycle offered to be sold or sold at retail by a person in the business of selling bicycles. The statement shall be attached to the seat, handlebar or, if in the form of a decal, to the top tube of the bicycle or, if unassembled, prominently printed on or firmly attached to the outside of the box or carton containing the unassembled bicycle.
(b) The statement may be in the form of the warning card, "This Bike is Missing One Part," designed by the New Jersey Coalition for Prevention of Developmental Disabilities, available from:
The New Jersey Coalition for Prevention of
Developmental Disabilities
985 Livingston Avenue
North Brunswick, New Jersey 08902
Tel. (732) 246-2525
Alternatively, the statement promoting the use of bicycle helmets may be in the form of a tag, notice, or decal designed by the bicycle supplier or retailer, provided the wording is clear and concise, appears in no less than 20-point type if in the form of a tag or notice and no less than 18-point type if in the form of a decal, and is printed in boldface capital letters, in color contrasting with the background. The tag or notice shall be made of cardboard, durable paper or plastic, and shall be no smaller than four inches by six inches if in the form of a tag or notice and no less than one by two inches if in the form of a decal; it may be covered by transparent plastic but shall not be obscured.
(c) A statement promoting the use of bicycle helmets that is contained within the text of the owner's manual, shall not satisfy the requirement.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 24A - FLAME RESISTANCE STANDARDS FOR TENTS AND SLEEPING BAGS › Section 13:45A-24A.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms when used in this subchapter shall have the following meanings unless the context indicates otherwise:
"Sleeping bag" means a bag providing warmth and insulation that may be lined or padded and is normally designed for sleeping outdoors or in a camp or tent.
"Tent" means a collapsible shelter, for one or more persons, of canvas or other material, either natural or synthetic or any combination thereof, stretched and sustained by poles or rope and intended for recreational camping outdoors.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 24A - FLAME RESISTANCE STANDARDS FOR TENTS AND SLEEPING BAGS › Section 13:45A-24A.2 - Flame resistance standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purposes of 2A:123-16 et seq., a tent that at least meets the flammability standards for tents of the Industrial Fabric Association International CPAI-84 (1995 edition), including any subsequent revisions, incorporated in this rule by reference, shall be classified as being flame resistant.
(b) For the purposes of 2A:123-16 et seq., a sleeping bag that at least meets the flammability standards for sleeping bags of the Industrial Fabric Association International CPAI-75 (1976 edition), including any subsequent revisions, incorporated in this rule by reference, shall be classified as being flame resistant.
(c) Copies of CPAI-84 and CPAI-75 are available for purchase at the Industrial Fabrics Association International Bookstore: https://
http://www.ifaipublications.com/ifai.com/store
or 1-800-225-4324.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 25 - SELLERS OF HEALTH CLUB SERVICES › Section 13:45A-25.1 - "Health club" defined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The term "health club" shall include any establishment which:
1. Devotes at least 40 percent of its facility to the preservation, maintenance, encouragement or basic development of physical fitness or physical well-being through physical exercise; and
2. Where patron use is predominantly at will (that is, usage is permitted whenever the establishment is open or during specified time periods, such as "weekends", "weekdays", "mornings", etc.).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 25 - SELLERS OF HEALTH CLUB SERVICES › Section 13:45A-25.3 - Exemption from registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where a facility claims exemption from registration because less than 40 percent of its square footage is devoted to health club services, the facility shall calculate the 40 percent square footage on the basis of the total indoor square footage of the establishment including the exercise equipment area(s), sauna(s), swimming pool(s), locker facilities and shower areas. The facility shall return a completed application form to the Division of Consumer Affairs along with documentation of the "less than 40 percent" claim, which shall include:
1. A schematic drawing noting the dimensions and use of each area of the facility;
2. A list of the various rooms/spaces with the total square footage of each room/space;
3. A statement of the total square footage of the facility; and
4. Two sample advertisements or brochures if any have been published by the facility within a three month period prior to the date documentation is filed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 25 - SELLERS OF HEALTH CLUB SERVICES › Section 13:45A-25.4 - Exemption from security requirement

Current through Register Vol. 56, No. 14, July 15, 2024
A separate Declaration of Exemption from Security Requirement shall be filed for each facility claiming exemption from the bond/letter of credit/security requirement of 56:8-41 because its membership contracts are for a period of no longer than three months. An exemption from the security requirement shall also be available to a health club that sells contracts for more than three months if it charges a fee for only one month at a time and the contract states that it is voidable by the consumer if the health club closes for more than 30 consecutive days. When the Declaration of Exemption from Security Requirement is filed, it must be accompanied by a copy of a written contract as proof that the contract duration is for a period of no longer than three months. The Declaration of Exemption from Security Requirement shall be available upon request from the Health Club Coordinator, Office of Consumer Protection, Post Office Box 45025, Newark, NJ 07101.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 25 - SELLERS OF HEALTH CLUB SERVICES › Section 13:45A-25.5 - Documentation of maintenance of security

Current through Register Vol. 56, No. 14, July 15, 2024
Each establishment which has posted a bond as security shall maintain complete and accurate records relating to the bond and premium payments made thereon. Each establishment which has posted a letter of credit or provided other security acceptable to the Director of the Division shall maintain complete and accurate records relating to those items. These records shall be available on the premises of the establishment for review by the Director or his or her designated representative on any operating day.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 25 - SELLERS OF HEALTH CLUB SERVICES › Section 13:45A-25.6 - Health club contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For the purpose of this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
"Affiliated health club" means a health club located within 25 miles of a member's new permanent residence that will provide the same or similar services and facilities to the member as the originating health club.
"Member" means a buyer of a health club services contract from the originating health club.
"Originating health club" means the health club that is party to a contract sought to be cancelled.
"Originating health club's facility" means the facility identified in the contract between a member and the originating health club by name and street address as the health club that the member joined.
(b) A health club services contract subject to cancellation pursuant to N.J.S.A. 56:8-42g shall not be cancelled if, after receipt of a notice of cancellation from a member, which notice shall be sent or delivered to the originating health club's facility, the originating health club reaffirms the contract in writing to the member guarantying that there is an affiliated health club or clubs that will provide to that member the use of the same or similar services and facilities as the originating health club at no additional expense for the remaining term of the contract, giving the name and address of the affiliated club or clubs. This subsection is not applicable if the originating health club closes for a period longer than 30 consecutive days.
(c) If, during the remaining term of a health club services contract that is subject to cancellation but for (b) above, the services and facilities contracted for become unavailable from the affiliated health club without additional expense and the originating health club receives notice from the member to that effect, the originating health club shall refund to the member, within 30 days of receipt of notice, the pro rata portion of the contract price paid to the originating health club that relates to the portion of the contract term for which the services and facilities are unavailable and the member shall have no further obligation under the contract.
(d) The obligation to make the refund provided for in (c) above, is an obligation of the originating health club under the health club services contract secured by any bond or other security it maintains under 56:8-41.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 25 - SELLERS OF HEALTH CLUB SERVICES › Section 13:45A-25.7 - Violations; sanctions

Current through Register Vol. 56, No. 14, July 15, 2024
Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act, 56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions contained in the Consumer Fraud Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to implement the Lemon Law, P.L. 1988, c. 123, by establishing an automotive dispute resolution system within the Division of Consumer Affairs in conjunction with the Office of Administrative Law. The subchapter also sets forth the method of refund computation, and details the reporting requirements and procedure for publication of compliance records of manufacturers of motor vehicles.
(b) This subchapter is applicable to:
1. All manufacturers of passenger automobiles, authorized emergency vehicles and motorcycles registered, sold or leased in the State of New Jersey;
2. All purchasers and lessees of passenger cars, authorized emergency vehicles and motorcycles registered, sold or leased in the State of New Jersey; and
3. Dealers servicing such vehicles whether their service facilities are located within or outside of the State.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.4 - Lemon Law Unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There is established within the Division of Consumer Affairs a section processing Lemon Law matters, to be known as the Lemon Law Unit (LLU).
(b) The Lemon Law Unit shall upon request provide consumers with a brochure setting forth:
1. Information regarding a consumer's rights and remedies under the relevant law; and
2. The procedure to be followed in order to participate in the various dispute resolution systems.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.5 - Preliminary steps to initiate a Lemon Law action within the Division of Consumer Affairs Lemon Law Unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To initiate a claim within the Division of Consumer Affairs Lemon Law Unit under the Lemon Law:
1. Written notification of the potential claim shall be sent certified mail, return receipt requested, by or on behalf of a consumer, to the manufacturer of a nonconforming motor vehicle if and only after one of the following occurs during the first 24,000 miles of operation or within 24 months after the date of original delivery, whichever is earlier:
i. Except as set forth in (a)1iii below, substantially the same nonconformity has been subject to examination or repair two or more times by the manufacturer or its dealer and the nonconformity continues to exist;
ii. The motor vehicle has been out of service by reason of repair for one or more nonconformities for a minimum of 20 days, or in the case of a motor home, for a minimum of 45 days, since the original delivery of the motor vehicle, and a nonconformity continues to exist; or
iii. In the case of nonconformity that is likely to cause death or serious bodily injury if the vehicle is driven, the nonconformity has been subject to examination or repair at least once by the manufacturer or its dealer and the nonconformity continues to exist; and
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.6 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be eligible for the Dispute Resolution System, a consumer must provide the following items to the LLU:
1. A photocopy of the consumer's notification to the manufacturer of a potential claim; and
2. A completed Application for Dispute Resolution; the form will be supplied upon request by the LLU.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.7 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Application for dispute resolution shall require submission of the following:
1. Information as follows:
i. The name and address of the consumer and lienholder, if any;
ii. The date of original delivery of the motor vehicle to the consumer;
iii. The mileage on the date the nonconformity was first reported to the manufacturer or its dealer; and
iv. The mileage on the date the application is mailed back to LLU.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.8 - Filing fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A consumer whose application for dispute resolution is accepted by the Division shall pay a filing fee of $ 50.00 by certified check or money order payable to the "New Jersey Division of Consumer Affairs". The filing fee shall be nonrefundable but is recoverable as a cost if the consumer prevails.
(b) The filing fee shall be requested by the LLU when it has determined that the consumer's application is complete and that it complies with this subchapter and the Lemon Law.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.9 - Processing of applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submitted applications shall be reviewed by the LLU for completeness and compliance with the Lemon Law and this subchapter.
1. Incomplete applications shall be promptly returned for completion to the consumer.
2. Applications not in compliance with this subchapter and the Lemon Law (including but not limited to the required number of repair attempts or the number of days out of service) will be rejected. The reason for the rejection will be sent to the consumer. No judgment will be made by the LLU as to whether the claimed defect(s) are substantiated by the evidence or whether they substantially impair the use, market value or safety of a motor vehicle.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.10 - Notification and scheduling of hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each manufacturer of motor vehicles sold or leased in New Jersey shall forward to the Division of Consumer Affairs, Lemon Law Unit (LLU), the name, address, and telephone number of the person designated by the manufacturer to receive notices under the Lemon Law dispute resolution process. The manufacturer shall update this information, as necessary.
(b) On the day that an application is accepted for resolution by the LLU, a notice shall be sent by hand delivery or certified mail, return receipt requested by the LLU to the consumer and manufacturer's designee. This notice shall indicate that the consumer's request for resolution has been accepted, and shall provide general information about the resolution process.
(c) The LLU shall immediately thereafter refer an accepted application for dispute resolution to the OAL and arrange a hearing date acceptable to all parties. The dispute resolution shall be conducted as a contested case by the OAL in accordance with the Administrative Procedure Act, 52:14B-1 et seq., the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and Special Rules, N.J.A.C. 1:13A.
(d) The date of the hearing shall be no later than 20 days from the date of the notice of acceptance unless a later date is agreed to by the consumer.
(e) Notice of the date, time, and location of the hearing shall be mailed by the OAL to both parties.
(f) A copy of the application materials shall be sent by the LLU simultaneously with the notice of acceptance of the application, to the manufacturer's designee. Within 10 days of receiving the transmittal sheet from the Office of Administrative Law indicating the judge assigned to the case, the manufacturer shall mail by certified mail, return receipt requested, to the consumer and to the Clerk of the Office of Administrative Law at the address stated on the transmittal sheet, a response to each of the statements set forth in the consumer application.
(g) Applications by the consumer or the manufacturer with consent of the consumer for adjournments or rescheduling of the hearing shall be made in accordance with 1:1-9.6.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.11 - Computation of refund

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The refund claimed by a consumer pursuant to section 4(a) of the Lemon Law, whether through the Division of Consumer Affairs automotive dispute resolution system or a manufacturer's informal dispute resolution process, shall include:
1. The total purchase or lease price of the motor vehicle including finance charges, sales tax, license fees, registration fees, and any stated credit or allowance for the consumer's used motor vehicle, provided that:
i. The full refund of purchase price that may be claimed by a consumer under section 4(a) shall not include any portion of a stated credit or allowance for the consumer's used motor vehicle that grossly exceeds the true value of the consumer's used motor vehicle.
ii. During the Office of Administrative Law hearing, a manufacturer may challenge the stated credit or allowance for the consumer's used motor vehicle. The manufacturer shall bear the burden of proof, and shall provide evidence that the purchase price included a trade-in allowance grossly disproportionate in amount to the true value of the consumer's used motor vehicle. Such evidence shall include, but not be limited to, the value of the motor vehicle as listed in the N.A.D.A. Official Used Car Guide.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.12 - Final decision

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall review the OAL proposed decision submitted by the administrative law judge who conducts the administrative hearing and shall adopt, reject, or modify the decision no later than 15 days after receipt.
(b) At the conclusion of the 15-day review period, the Director shall give notification of the rejected, modified or adopted decision to both parties, the lien-holder, if any, the OAL, and, if the vehicle in question is to be returned to the manufacturer, the Special Title Section of the MVC. The notification to the manufacturer and consumer shall be by hand delivery or certified mail, return receipt requested. Within 45 days of receipt of the final decision, any party may file an appeal in the Appellate Division of the Superior Court.
(c) The manufacturer shall advise the Director as to its compliance with the final decision no later than 10 days following the date stated for completion of all awarded remedies.
(d) If the manufacturer unreasonably fails to comply with the decision within the specified time period, the manufacturer shall be liable for penalties in the amount of $ 5000 for each day the manufacturer unreasonably fails to comply, commencing on the day after the specified date for completion of all awarded remedies.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.13 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A manufacturer or a consumer may appeal a final decision to the Appellate Division of Superior Court; a notice of appeal must be filed with the Director no later than 45 days after the date of the final decision as defined in 13:45A-26.12(b).
(b) An appeal by a manufacturer shall not be heard unless the notice of appeal is accompanied by a bond which shall be:
1. For a principal sum equal to the money award made by the administrative law judge, plus $ 2500 for anticipated attorney's fees and other costs;
2. Secured by cash or its equivalent; and
3. Payable to the consumer.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.14 - Manufacturer's reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The LLU shall compile a roster of American and foreign manufacturers of passenger automobiles and motorcycles registered, sold or leased in New Jersey.
(b) Manufacturers who establish or participate in an informal dispute settlement procedure shall:
1. Advise the LLU of the existence of its informal dispute settlement procedure; and
2. Send the LLU an outline of the steps that a consumer must take in order to participate in the manufacturer's informal dispute resolution procedure; the information shall include all necessary addresses and phone numbers.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26 - AUTOMOTIVE DISPUTE RESOLUTION › Section 13:45A-26.15 - Index of disputes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division of Consumer Affairs shall maintain an index of all motor vehicle disputes by make and model and shall compile and maintain statistics indicating the record of manufacturer compliance with any settlement procedure decisions.
(b) The index and statistical record of compliance shall be made available to the public.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26A - MOTOR VEHICLE ADVERTISING PRACTICES › Section 13:45A-26A.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
Without limiting any other practices which may be unlawful under the Consumer Fraud Act, 56:8-1 et seq., the rules contained in this subchapter set forth motor vehicle advertising practices which are prohibited as unlawful under the Consumer Fraud Act; the rules also include mandatory disclosure in advertisements of certain information relating to advertised motor vehicles as well as on-site disclosures relating to advertised motor vehicles.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26A - MOTOR VEHICLE ADVERTISING PRACTICES › Section 13:45A-26A.2 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules shall apply to the following advertisements:
1. Any advertisement, including radio and television broadcasts, uttered, issued, printed, disseminated, published, circulated or distributed within this State concerning motor vehicles offered for sale or lease at locations exclusively within this State; and
2. Any advertisement, including radio and television broadcasts, uttered, issued, printed, disseminated, published, circulated or distributed to any substantial extent within this State concerning motor vehicles offered for sale or lease at locations within this State and outside this State, or at locations exclusively outside the State.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 26A - MOTOR VEHICLE ADVERTISING PRACTICES › Section 13:45A-26A.4 - Bait and switch

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following motor vehicle advertising practices constitute "bait and switch" and are prohibited and unlawful:
1. The advertisement of a motor vehicle as part of a plan or scheme not to sell or lease it or not to sell or lease it at the advertised price.
2. Without limiting other means of proof, the following shall be prima facie evidence of a plan or scheme not to sell or lease a motor vehicle as advertised or not to sell or lease it at the advertised price:
i. Refusal to show, display, sell, or lease the advertised motor vehicle in accordance with the terms of the advertisement, unless the vehicle has been actually sold or leased during the period of publication; in that case, the advertiser shall retain records of that sale or lease for 180 days following the date of the transaction, and shall make them available for inspection by the Division of Consumer Affairs.
ii. Accepting a deposit for an advertised motor vehicle, then switching the purchaser to a higher-priced motor vehicle, except when the purchaser has initiated the switch as evidenced by a writing to that effect signed by the purchaser.
iii. The failure to make delivery of an advertised motor vehicle, then switching the purchaser to a higher-priced motor vehicle; except when the purchaser has initiated the switch as evidenced by a writing to that effect signed by the purchaser.