reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.6 - Notice of appearance; designation for service; power of attorney

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant or registrant appearing on his or her own behalf before the Bureau shall file with the Bureau or otherwise state on the record an address at which any notice or other written communication required to be served upon or furnished to the applicant or registrant may be sent, and a telephone number at which the applicant or registrant can be reached during the business day. If the individual's address or telephone number changes before the conclusion of the matter in which the individual appeared, the individual shall notify the Bureau in writing no later than 10 days following the change.
(b) When an attorney appears before the Bureau or a hearing officer in a representative capacity in a particular proceeding which involves a hearing or an opportunity for a hearing, the attorney shall enter a written appearance with the Bureau which shall state the attorney's name, firm, address and telephone number and the name and address of the person or persons on whose behalf the attorney appears. If the address or telephone number of the attorney or the person represented changes during the course of representation before the Bureau, the attorney shall notify the Bureau in writing no later than 10 days following the change(s). If an attorney withdraws, or is otherwise relieved, from representing a person in a matter in which the attorney has entered an appearance, the attorney shall notify the Bureau in writing immediately. If an attorney is substituted for, or otherwise relieves, another attorney who has entered an appearance, the new attorney shall immediately enter a written appearance with the Bureau as prescribed in this subsection.
(c) Any person, other than an attorney, appearing or practicing before the Bureau in a representative capacity shall file a written appearance with the Bureau including authority to act in such capacity.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.7 - Service upon the Bureau

Current through Register Vol. 56, No. 14, July 15, 2024
Service upon the Bureau shall be made in accordance with New Jersey Court Rule 4:4-4(a)(7).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.8 - Service upon persons not represented by counsel

Current through Register Vol. 56, No. 14, July 15, 2024
Service of subpoenas, complaints, summonses, orders, notices or other written communications upon persons not represented by counsel in matters before the Bureau shall be made in accordance with 1:1-7.1(a). Service by mail shall be complete upon mailing.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.9 - Service upon persons represented by counsel

Current through Register Vol. 56, No. 14, July 15, 2024
In any proceeding or matter where an attorney has filed an appearance pursuant to 13:47A-13.6, any subpoena, complaint, summons, order, notice or other written communication to be served upon or furnished to the person represented by the attorney shall be served upon the attorney (or one of such attorneys, if the client is represented by more than one attorney). Such service shall be made in the same manner as set forth in 13:47A-13.8 for the person represented, and shall be deemed sufficient service regardless of whether such communication is furnished directly to the person represented.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.10 - Service upon registered persons

Current through Register Vol. 56, No. 14, July 15, 2024
Any person registered with the Bureau in any capacity, or required to register with the Bureau in any capacity, whether or not actually registered, shall be subject to personal service inside or outside of New Jersey in any manner described in 13:47A-13.8 and 13.9. If a registered person, as defined in 49:3-49, conducts business in New Jersey through one or more branch offices in New Jersey, service upon a responsible party at any such branch office shall be considered effective service upon the registered person. Officers, directors, principals, partners and supervisory personnel of a registered person, as well as any employees of a registered person with apparent authority to receive communications from the public, shall be deemed responsible parties for purposes of this section.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.11 - Answers; when required

Current through Register Vol. 56, No. 14, July 15, 2024
When a complaint or an order containing allegations is issued by the Bureau, each party respondent shall file an answer to the complaint or the allegations in the order.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.12 - Time to file answer

Current through Register Vol. 56, No. 14, July 15, 2024
Except where a different period is provided by statute, regulation or order, a party respondent shall file an answer within 20 days after service of the complaint or order.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.13 - Requirements of answer; effect of failure to deny

Current through Register Vol. 56, No. 14, July 15, 2024
Unless otherwise directed by the Bureau, an answer filed pursuant to statute or this subchapter shall specifically admit, deny, or state that the party does not have and is unable to obtain sufficient information to admit or deny, each and every paragraph in the complaint or each and every allegation in the order filed by the Bureau. A statement of a lack of information shall have the effect of a denial. Any paragraph or allegation not denied shall be deemed admitted. When a party intends in good faith to deny only a part of a paragraph or allegation, the party shall specify so much of it as is true and shall deny only the remainder. An answer filed pursuant to this statute or this subchapter shall set forth specifically and separately a statement of facts constituting any affirmative defense or defenses.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.14 - Effect of failure to file answer

Current through Register Vol. 56, No. 14, July 15, 2024
If a party fails to file an answer required by statute or this subchapter within the time provided, such party shall be deemed in default and the proceeding may be determined against that party by the Bureau upon consideration of the complaint or order, the contents of which may be deemed to be true.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.15 - Signature on answer; requirement and effect

Current through Register Vol. 56, No. 14, July 15, 2024
Every answer shall be signed by the party filing it or by at least one attorney, in his or her individual name and, where applicable, the name of the firm, who represents such party. The signature constitutes a verification by the signer that the signer has read the answer; that to the best of the signer's knowledge, information and belief there is good ground to support it; and that it is not interposed for delay.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.16 - Offers of settlement

Current through Register Vol. 56, No. 14, July 15, 2024
Parties may, at any time, make written settlement proposal to, or may request settlement conferences with, the Bureau Chief or the Chief's designee where time, the nature of the proceeding, and the public interest permit.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 13 - GENERAL RULES OF PRACTICE › Section 13:47A-13.17 - Agreement of parties to participation of Bureau Chief in settlement discussions

Current through Register Vol. 56, No. 14, July 15, 2024
By making a written settlement proposal or requesting a settlement conference, the parties agree that the Bureau Chief or the Chief's designee may express the Chief's views regarding the appropriateness of any offer of settlement, and may otherwise participate in settlement negotiations, without such views or participation giving rise to claims of prejudgment on the part of the Bureau Chief or the Chief's designee. In any event, the Bureau Chief or the Chief's designee, in his or her discretion, may decline to express any view on an offer. Neither a settlement offer nor any documents relating to any settlement offer shall constitute a part of the record. Nothing in this section shall be deemed to authorize ex parte communications otherwise prohibited by the Rules of Professional Conduct.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.1 - Scope of rules relating to investigations

Current through Register Vol. 56, No. 14, July 15, 2024
13:47A-14.1 through 14.16, inclusive, apply only to private investigations conducted by the Bureau pursuant to 49:3-68.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.2 - Information obtained during the course of private investigations

Current through Register Vol. 56, No. 14, July 15, 2024
Information or documents obtained by the Bureau in the course of any private investigation, unless such information or documents are published by the Bureau pursuant to its authority under 49:3-68(a), shall be deemed non-public. Such information and documents may be disclosed to representatives of domestic or foreign governmental authorities, self-regulatory agencies, state or federal law enforcement officers, state securities law administrators, special counsels, court appointed receivers and trustees in bankruptcy. The Bureau may also, to the extent necessary, disclose such information and documents in court proceedings; when ordered to do so by a court of competent jurisdiction; or, when appropriate, in furtherance of any ongoing investigation or proceeding.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.3 - Applicability of N.J.A.C. 13:47A-14.3 through 14.10

Current through Register Vol. 56, No. 14, July 15, 2024
13:47A-14.3 through 14.10 shall be applicable to a person who appears either voluntarily, pursuant to an administrative investigative subpoena or administrative order, or at the request of, or with the permission of, the Bureau. Such person, being sworn in an investigation or examination, shall be referred to as a "witness." Such investigation or examination, hereinafter referred to as an "investigative proceeding," shall be conducted by the Bureau before one or more of its employees, or one or more Deputy Attorneys General, or before any other person designated by the Bureau for the purpose of taking testimony of witnesses and receiving other evidence.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.4 - Official transcript

Current through Register Vol. 56, No. 14, July 15, 2024
Transcripts, if any, of investigative proceedings shall be recorded solely by the official reporter or by any other person or means designated by the officer conducting the investigation. There shall be one official transcript of a witness' testimony, which shall be the property of the Bureau. Except as provided by 13:47A-14.5, any other contemporaneous, verbatim transcription by writing or recording, in any form and in any media, shall be prohibited.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.5 - Access to transcripts

Current through Register Vol. 56, No. 14, July 15, 2024
Any witness, and counsel, upon proper identification and after giving reasonable prior notice, shall have the right to inspect the official transcript of the witness' own testimony at the Bureau's offices during normal business hours; but neither the witness, nor counsel for the witness, shall have the right to remove, copy or order a copy of the official transcript without authorization by the Bureau Chief.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.6 - Access to documentary evidence

Current through Register Vol. 56, No. 14, July 15, 2024
A person complying with any request, order, or subpoena issued by the Bureau for the production of documentary evidence, shall retain the originals and shall provide the Bureau with clearly legible, true and complete copies of the documents requested, which shall be Bates stamped, along with a signed cover letter, which shall identify those documents with a reasonable degree of specificity.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.7 - Witnesses; representation by counsel

Current through Register Vol. 56, No. 14, July 15, 2024
A witness may be accompanied, represented and advised by counsel, as defined in 13:47A-13.4. In order to protect the integrity of any investigation, the Bureau Chief may, in the reasonable exercise of his or her discretion, prohibit multiple representations by counsel, and may prohibit representation by counsel who is likely to become a witness during the course of either the investigation itself or of any legal proceedings expected to ensue upon the investigation's conclusion.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.8 - Witnesses; representation of counsel defined

Current through Register Vol. 56, No. 14, July 15, 2024
Counsel may advise witnesses before, during and after the conclusion of testimony given in the course of an investigative proceeding, and may make summary notes during such testimony solely for use in the representation of the witness. The witness is responsible for having counsel present at the time and place designated by the officer conducting the investigation. Where no timely prior request for adjournment was made, or where such request was denied for good cause, neither the substitution of counsel nor the failure of counsel to appear at the designated time and place for the witness' testimony shall constitute an acceptable ground for the witness's failure to appear at the designated time and place or to answer the questions of the officer conducting the examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.9 - Sequestration of witnesses

Current through Register Vol. 56, No. 14, July 15, 2024
Unless permitted in the discretion of the Bureau employee, Deputy Attorney General or other person designated by the Bureau conducting the investigation, no witness shall be present during the examination of any other witness called in such proceeding. Where counsel represents more than one witness as set forth in 13:47A-14.7 through 14.10, inclusive, counsel shall not inform one witness of the nature and contents of another witness' examination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.10 - Compelling incriminating testimony of witnesses

Current through Register Vol. 56, No. 14, July 15, 2024
A witness who has claimed privilege against self-incrimination may be compelled to give testimony pursuant to N.J.S.A 49:3-68(d) only by an order signed by the Bureau Chief with the approval of the Attorney General or the Attorney General's designee. Except as provided in this section, no employee of the Bureau has the authority to compel, orally or in writing, the testimony of a witness or otherwise exempt a witness from prosecution pursuant to N.J.S.A. 49:3-68(d).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.11 - Service of subpoenas

Current through Register Vol. 56, No. 14, July 15, 2024
Service of subpoenas issued in investigative proceedings shall be effected in the manner prescribed by 13:47A-13.7 through 13.10, inclusive, including service upon an attorney who has filed an appearance pursuant to 13:47A-13.3 through 13.6. Investigatory subpoenas may be issued to persons within or without the State of New Jersey.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.12 - Access to premises by Bureau; generally

Current through Register Vol. 56, No. 14, July 15, 2024
All broker-dealers and investment advisers registered with the Bureau shall, upon request, provide members of the Bureau's staff prompt access, during regular business hours, to that part of the premises at the broker-dealer's or investment adviser's place of business where documents are stored or where trading or investor solicitation is conducted.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.13 - Observation of conduct of business by Bureau

Current through Register Vol. 56, No. 14, July 15, 2024
A broker-dealer or investment adviser registered with the Bureau shall accord members of the Bureau staff the opportunity to observe the conduct of business at the broker-dealer's or investment adviser's place of business.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.14 - Access to documents by Bureau

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Bureau, without notice, may examine in a manner reasonable under the circumstances the records, within or without this State, of a registered broker-dealer, agent, or investment adviser in order to determine compliance with the Uniform Securities Law. Broker-dealers, agents, and investment advisers shall make their records available to the Bureau in legible form.
(b) The Bureau may copy records or require a registered person to copy records and provide the copies to the Bureau to the extent and in a manner reasonable under the circumstances.
(c) The Bureau may impose a reasonable fee for the expense of making any copies under (b) above.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.15 - Access to persons by Bureau

Current through Register Vol. 56, No. 14, July 15, 2024
Members of the Bureau staff may interview individuals included within the scope of 13:47A-13.10 who may be present on the registered person's premises and who voluntarily consent to be interviewed. If such interview is conducted on the registered person's premises, Bureau staff shall be given access to a private, enclosed area where the interview can go forward without monitoring, surveillance or interference by any kind of device or by persons who are not members of the Bureau staff.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47A - BUREAU OF SECURITIES › Subchapter 14 - RULES OF PRACTICE RELATING TO INVESTIGATIONS › Section 13:47A-14.16 - Failure to cooperate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered person shall cooperate in any inquiry, investigation or inspection conducted by, or on behalf of, the Bureau, for the purposes of determining whether or not any person has violated or is about to violate any provision of the Uniform Securities Law or any regulation or order promulgated thereunder. A registered person's willful failure to cooperate, absent good cause or bona fide claim of privilege, may be deemed by the Bureau a violation of the Uniform Securities Law within the meaning of 49:3-58(a)(2)(ii)  and thus subject the registered person to denial, suspension, or revocation of registration.
(b) The following are examples of conduct by a registered person that may be deemed a failure to cooperate:
1. The failure to timely respond by way of appearance or production of documents to a subpoena or order issued by the Bureau pursuant to 49:3-68 or as may otherwise be provided by law;
2. The failure to answer any question pertinent to inquiry made pursuant to 49:3-68 or other applicable law unless the response to said question is subject to a bona fide claim of privilege;
3. The failure to grant Bureau personnel access to the business premises of a registered person or to the records and documents the registered person is required, by statute or rule, to make available for inspection;
4. The failure to attend any scheduled proceeding at which the registered person's appearance is directed. In the event a registered person elects to retain counsel for the purpose of representation in any such proceeding, it shall be the registered person's responsibility to do so in a timely fashion. The failure of a registered person to retain counsel, absent a showing of good cause therefor, shall not require an adjournment of the proceeding;
5. The failure to timely respond or to provide information requested pursuant to a demand under 49:3-68 or any other applicable law; or
6. Aiding or abetting another registered person's failure to cooperate.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.1 - Liquid measuring devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Dealers using gasoline pumps and other automatic liquid measuring devices for the sale of gasoline and similar liquid fuels shall obtain a proper standard measure in a capacity of five gallons, for the purpose of making tests to ascertain whether the device is delivering the correct quantity.
(b) Tests must be made before the next sale of gasoline and similar liquid fuels if the liquid measuring system loses its prime or malfunctions.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.2 - Length measuring devices

Current through Register Vol. 56, No. 14, July 15, 2024
The use of counter tacks as linear measures is forbidden in the State of New Jersey and all measures of length shall be in conformance with the requirements set forth in the National Institute of Standards and Technology Handbook 44, Specifications, tolerances and other technical requirements for weighing and measuring devices.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.5 - Type approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All new types of weighing and measuring devices of any description whatsoever and all devices of older types to which may be added any alteration or new feature intended or designed as an improvement to such equipment shall, before distribution or installation thereof in the State of New Jersey, be submitted by the manufacturer thereof to the State Superintendent of Weights and Measures for inspection and approval of type and operation, except as provided in (a)1 below.
1. Weighing and measuring devices approved by the National Institute of Standards and Technology (NIST), National Type Evaluation Program (NTEP) need not be submitted for prior inspection and approval of type and operation; however, the State Superintendent of Weights and Measures reserves the right to require the manufacturer to submit a prototype for evaluation at any time for cause.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.6 - Location of commercial weighing equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All weighing equipment of every kind whatsoever, used for quantity determination in the sale of commodities to the purchasing public, in commercial establishments or in connection with any commercial enterprise in the State of New Jersey shall be so placed or located as to be in full view of the customer at all times and in such position as to facilitate the reading of charts, dials and similar equipment with which scales may be equipped or for observing the balance where scales are of such type in which balance is a factor for correct weighings.
(b) The purpose of this section is to eliminate the locating of scales on back counters in commercial establishments, where the results of weighings may not be easily read or determined, or in position where the movements of the person operating the scale or performing the weighing may not be readily observed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.9 - Portable self-contained vehicle scales

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this section, a "portable self-contained vehicle scale" is defined as a portable self-contained scale enclosed and supported by its own frame marketed as a complete weighing unit adapted to weighing highway and off-highway vehicles. The indicating element may be packaged separately, which element is attached and connected at the installation site.
(b) Except as hereinafter provided, the use of a portable self-contained vehicle scale is hereby prohibited for determinations of weight for all commercial purposes.
(c) The use of portable self-contained vehicle scales may be permitted on construction projects where a contract requires on-site weighings, and where the weighings are performed by a New Jersey Weighmaster appointed pursuant to 51:1-74, subject to all of the following requirements:
1. No scale may be placed into operation until approved by the State Superintendent of Weights and Measures in accordance with 51:1-83;
2. The use of the scale is limited to a maximum of six months at any one location;
3. The scale is securely bolted to a foundation;
4. The installation is constructed pursuant to the National Institute of Standards and Technology Handbook 44, section 2.20, Scales, paragraph UR. 2.6.1(c) incorporated by reference in 13:47B-1.20. The standard may be obtained by contacting the United States Department of Commerce, National Institute of Standards and Technology, PO Box 4025, Gaithersburg, MD 20899;
5. The indicating element must be protected from all environmental effects;
6. The scale is to be checked and inspected by a mechanic licensed pursuant to 51:1-114 when installed at each site; and
7. The scale shall be inspected at a minimum of once daily to ensure that it is operating properly.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.10 - Household scales

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No "overload" type of spring scale or balance, commonly known as "household" scales, shall be used or employed in any commercial establishment in New Jersey for the weighing of any commodity sold to the purchasing public.
(b) No such "household" scale shall be sold or offered for sale by any manufacturer, vendor or vendors of such devices, for any use or service whatsoever, unless the dial or reading face is plainly and conspicuously marked with the wording: "Not Legal For Use In Trade"; it being provided that such scales may be sold or offered for sale for household use only.
(c) Any such scale found in commercial use at any store, stand, business establishment, or on any vehicle, from which commodities are sold or offered for sale, shall be subject to immediate condemnation and confiscation.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.14 - Uncompensated spring scales

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Spring scales not equipped with a device intended to compensate for changes in the elasticity of the springs due to temperature effects or not so designed as to be substantially independent of such changes shall not be used in the retail sale of foodstuffs other than fruits and vegetables.
(b) The following legend shall be plainly, conspicuously and permanently marked on all uncompensated spring scales in commercial service:
"LEGAL FOR FRUITS AND VEGETABLES--ILLEGAL FOR OTHER FOODS."
(c) The provision of this section shall be nonretroactive.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.16 - Inspection certificates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Certificates of inspection issued by any State, county or municipal weights and measures officer of New Jersey at the time of his inspection of any weighing or measuring devices shall be retained by the owner or user of said devices in evidence of the condition of the equipment so inspected or tested.
(b) Such certificates shall be available at the place of business of the owner or user where the weighing or measuring devices are installed or carried on the vehicle on which any weighing or measuring devices are employed in the vending of commodities.
(c) Such certificates shall be considered as the official authority for the use of such devices in conjunction with the seal applied at the time of inspection.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.17 - Hanging scales

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All hanging-type spring scales used in commercial establishments for the weighing of commodities as sold to the purchasing public shall be so positioned or hung that the maximum height or distance from the floor or ground to the top of the scale pan or plate shall not exceed 48 inches.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.19 - Alteration gasoline dispensers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the conversion of any gasoline dispensing device, altering or changing its basic design, the official State approval as granted to original manufacturer, pursuant to 51:1-93 will be rescinded for the device so converted, altered or changed, and the responsibility for the converted unit and multiples thereof will then repose in the converter.
(b) Notifications to weights and measures officers of the installation of altered gasoline dispensing devices pursuant to 51:1-93 shall be so worded as to clearly indicate that the device or devices have been converted.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.20 - National Institute of Standards and Technology Handbook 44

Current through Register Vol. 56, No. 14, July 15, 2024
All specifications, tolerances and other technical requirements for weighing and measuring devices contained in the National Institute of Standards and Technology Handbook 44, 2008 edition and all future editions together with all amendments and supplements thereto, adopted by the National Conference on Weights and Measures are hereby adopted and promulgated as the legal requirements for all weighing and measuring devices used for commercial purposes and law enforcement in the State of New Jersey; provided, however, that the State Superintendent of Weights and Measures may from time to time further amend or supplement said specifications, tolerances and other technical requirements for the purpose of conforming the needs of any situation affecting the interests of the State of New Jersey and its people.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL WEIGHING AND MEASURING DEVICES › Section 13:47B-1.24 - Registry for security sealing devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) "Licensed repairman" means any person engaging in the partial or complete constructing and reconstructing, repairing, altering, installing or adjusting of any weight or measure or any weighing and measuring device, used in trade or commerce, in New Jersey, as set forth in 51:1-113 et seq.
(b) "Security sealing device" means any mechanical device used to block or prevent entry to the adjustable elements of any weight or measure or any weighing and measuring device used in trade or commerce in New Jersey. A data change audit trail shall also qualify as a security sealing device.
(c) "Data change audit trail" means an electronic count and/or information record of the changes to the values of the calibration or configuration parameters of a device.
(d) "Weights and measures and weighing or measuring devices" means a "weight or measure" or "weights and measures" as set forth and defined by 51:1-2.
(e) The State Superintendent of Weights and Measures shall design and adopt an official registry for security sealing devices. Said registry shall be used to issue to any and all licensed repairmen a distinct and individual combination of letters and numerals, which will be that licensed repairman's registry mark.
(f) All licensed repairmen shall incorporate his or her registry mark into and upon any security sealing device affixed by that licensed repairman to any weights or measures or weighing and measuring device partially or completely constructed, repaired, altered, installed or adjusted by said licensed repairman.
(g) No weighing or measuring device shall be permitted to be used for any commercial purpose unless the device's adjustable elements are blocked and sealed by a security sealing device bearing the registry mark of a licensed repairman or that of a weights and measures officer. If the physical mechanics for applying a mechanical security sealing device are not available due to a weighing or measuring device adjustable elements' construction or design, a data change audit trail shall be made available at the time of inspection.
(h) Any licensed repairman who shall issue a false certificate of inspection and test of a commercial weight or measure or weighing or measuring device or who shall delegate his or her authority or registry mark to any person, shall be subject to the revocation or suspension of his or her license as provided in 51:1-122, after a hearing in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(i) Any violation of or noncompliance with the provisions of this section shall subject the violator thereof to the penalties authorized by 51:1-113, et seq.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 3 - PENALTIES › Section 13:47B-3.1 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Any violation of or noncompliance with any of the provisions of this chapter shall subject the violator to a penalty as prescribed by the provisions of 51:1-89.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 4 - GENERAL PROVISIONS › Section 13:47B-4.1 - Minimum training requirements; weights and measures officer

Current through Register Vol. 56, No. 14, July 15, 2024
No person appointed as a State, county, or municipal weights and measures officer will be provided with a badge and/or credentials pursuant to 51:1-64 until such time as the appointee has qualified through a course in "basic weights and measures" conducted under the direction of the State Superintendent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 4 - GENERAL PROVISIONS › Section 13:47B-4.2 - In-service training requirements; weights and measures officer

Current through Register Vol. 56, No. 14, July 15, 2024
All weights and measures officers are required to attend an in-service training class when provided by the Office of Weights and Measures of the State of New Jersey. Such training classes shall include training on all updates of Title 51 of the New Jersey Statutes Annotated; and N.J.S.A. 56:6-1 et seq.; N.J.A.C. 13:47 and 18:19; NIST Handbook 44, Handbook 133, and Handbook 130; and all protocols, policies, guidelines, and examination procedure outlines issued by the State Superintendent of Weights and Measures.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47B - SCALES, INSTRUMENTS, AND DEVICES; WEIGHTS AND MEASURES › Subchapter 4 - GENERAL PROVISIONS › Section 13:47B-4.3 - Records of training

Current through Register Vol. 56, No. 14, July 15, 2024
Each weights and measures officer shall keep a record of his or her training certificates. The State Superintendent of Weights and Measures shall keep records of, and issue certificates to, all weights and measures officers that have successfully completed the Basic Weights and Measures course or an in-service training class offered by the State Office of Weights and Measures. Any records of certificates issued by an agency other than the State Office of Weights and Measures shall be kept by the local jurisdiction superintendent.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47C - GENERAL COMMODITIES; WEIGHTS AND MEASURES › Subchapter 1 - GENERAL COMMODITIES; DEFINITIONS › Section 13:47C-1.1 - General commodities

Current through Register Vol. 56, No. 14, July 15, 2024
The Uniform Regulation for the Method of Sale of Commodities contained in the National Institute of Standards and Technology (NIST) Handbook 130, 2018 edition, at pages 95 through 140, adopted by the National Conference on Weights and Measures, is incorporated herein by reference, as amended and supplemented. The Uniform Regulation for the Method of Sale of Commodities may be found at
http://nvlpubs.nist. gov/nistpubs/hb/2018/NIST.HB.130-2018.pdf
. All general commodities sold or offered for sale in this State shall comply with these regulations. Notwithstanding the incorporation of the NIST Handbook 130, 2018 edition, the State definitions and requirements in this chapter shall be followed by those who sell or offer for sale general commodities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47C - GENERAL COMMODITIES; WEIGHTS AND MEASURES › Subchapter 2 - FOODSTUFFS › Section 13:47C-2.1 - Meat, poultry, fish, and/or shellfish sold by net weight: methods of sale

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Labels on ready-to-cook stuffed fish, seafood, poultry, or meat products must show the total net weight of the stuffed fish, seafood, poultry, or meat product.
(b) Persons conducting net weight inspections of meat, poultry or fish shall use dry tare. Packages of meat, poultry and fish shall be tested for net weight content as follows:
1. For packages of meat and poultry that bear a United States Department of Agriculture (USDA) inspection seal, used dry tare (or dried used tare) shall be used as the method of tare determination.
2. For packages that do not bear the USDA seal of inspection, unused dry tare shall be used when available at the place of sale. If unused dry tare is not available, then used dry tare (or dried used tare) shall be used as the method of tare determination.
3. When testing packages of fresh or unfrozen fish, unused dry tare shall be used if available at the place of sale. If unused dry tare is not available, then used dry tare (or dried used tare) shall be used as the method of tare determination.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47C - GENERAL COMMODITIES; WEIGHTS AND MEASURES › Subchapter 2 - FOODSTUFFS › Section 13:47C-2.2 - Sectioned poultry

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All cut-up poultry shall be offered for sale or sold by net weight on the following basis of dissection:
1. The wings of each poultry item must be disjointed and removed at the socket joint adjoining the breasts and must contain all the wing meat.
2. The legs must be disjointed and removed from the shank at the hock joint and from the body at the hip point and must contain the complete thigh, all the thigh meat, and the oyster but shall not contain the ilium and the ischium bones or any part thereof.
3. The drumsticks must be disjointed and removed from the shank at the hock joint and disjointed and removed from the thigh at knee joint between the tibia and femur (thigh) bones.
4. The thighs must be disjointed and removed from the drumstick at the knee joint between the tibia and femur (thigh) bone from the body at the hip joint and must contain the complete thigh, all the thigh meat and the oyster, but shall not contain the ilium or the ischium bones or any part thereof.
5. The breast must be removed from the back by cutting alongside the exterior of the oyster socket (ilium) and through the ribs at the point the ribs connect with the spinal vertebrae. No part of the wings, legs, back or neck bones, skin, meat, gizzard, heart or any other portion not breast may be sold as breasts.
6. The back must contain the neck, vertebrae, backbone, oyster socket (ilium), the ischium and the meat, skin and bones of these parts.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47C - GENERAL COMMODITIES; WEIGHTS AND MEASURES › Subchapter 2 - FOODSTUFFS › Section 13:47C-2.3 - Dried or smoked fish

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All dried fish, smoked fish and products thereof shall be sold by net weight.
(b) When packed in containers or wrappers, the net contents shall be clearly and conspicuously marked, provided, however, that in lieu thereof it shall be permissible to mark the tare weight alone, together with a conspicuous statement on each wrapper or container to the effect that the retailer must weigh the package at time of sale to the consumer in order to ascertain the actual net weight.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47C - GENERAL COMMODITIES; WEIGHTS AND MEASURES › Subchapter 2 - FOODSTUFFS › Section 13:47C-2.4 - Divided units of food

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All articles of food which are normally permitted to be sold by numerical count as an individual piece or unit when divided or portioned by any method whatsoever shall have all such divisions or portions sold, exposed or offered for sale on the basis of net weight.
(b) When such articles of food in package form are removed and divided or portioned, the requirements of (a) above shall apply.
(c) The provisions of (a) and (b) above shall not apply to those items portioned for consumption on the premises by restaurants, diners or similar eating establishments.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47C - GENERAL COMMODITIES; WEIGHTS AND MEASURES › Subchapter 2 - FOODSTUFFS › Section 13:47C-2.5 - Fresh meat roasts

Current through Register Vol. 56, No. 14, July 15, 2024
Fresh meat roasts of any kind or cut shall be exposed, advertised, offered for sale or sold on the basis of net weight of the fresh meat or roast only, and any fat or other extraneous material of any kind whatsoever, either wrapped around or wrapped within such fresh meat or roast, shall be considered as tare weight only.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47C - GENERAL COMMODITIES; WEIGHTS AND MEASURES › Subchapter 3 - NONFOODSTUFFS › Section 13:47C-3.1 - Wood for use as fuel or flavoring; delivery tickets and sale invoices; inspections

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The regulation addressing advertising quantity of wood for use as fuel is set forth in the NIST Handbook 130, 2018 edition, at IV.B.2.
(b) The regulation addressing the method of sale of wood for use as fuel or flavoring is set forth in the NIST Handbook 130, 2018 edition, at IV.B.2. In addition to the requirements of the NIST Handbook 130, the following State rules apply:
1. A delivery ticket or sales invoice is to include the serial number; and
2. A copy of all delivery tickets and sale invoices, except voided delivery tickets, shall be retained by the seller or vendor for a period of at least six months and shall be subject to inspection at the seller or vendor's place of business during normal business hours by any weights and measures officer. All voided delivery tickets in duplicate shall be kept on file at the seller or vendor's place of business where the sale originated for a period of at least two years from the date of issuance and shall be subject to inspection during normal business hours by any weights and measures official.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 47C - GENERAL COMMODITIES; WEIGHTS AND MEASURES › Subchapter 3 - NONFOODSTUFFS › Section 13:47C-3.2 - Holiday decorating materials

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All decorating materials intended for use during the holiday seasons and constituting various forms of natural vegetation normally made or manufactured into rope form, such as laurel rope and robinhood rope and so forth, and distributed in bundles, shall be offered for sale or sold on the basis of linear measurement only.
(b) To each bundle there shall be affixed a tag on which is plainly and conspicuously marked the name and address of the marker of such rope decorations, together with a declaration of the quantity of contents of the bundle in terms of linear measurement.