New Jersey Administrative Code › Title 8 - HEALTH › Chapter 59 - WORKER AND COMMUNITY RIGHT TO KNOW ACT RULES › Subchapter 11 - COMMUNITY RIGHT TO KNOW; LABELING, PRIVATE EMPLOYERS › Section 8:59-11.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All of the
				definitions in 8:59-1.3 shall apply to this subchapter
				except for the definition of "employer."
(b) For this subchapter and for N.J.A.C. 8:59-1,
				3, 5, 8, 9 and 10, "employer" shall also mean any person or corporation, regardless
				of whether he or she pays employees, in the State, engaged in business operations
				having the following United States North American Industry Classification System
				(NAICS) codes, dated and published in 2002 by the Executive Office of the President,
				Office of Management and Budget, ISBN 0-934213-87-9 (NTIS PB2002-502024), subject to
				the specified exceptions and limitations:
Subsector Code
Exceptions
						  and/or
or Industry
						  Code
Description
Limitations
11
Agriculture, Forestry,
Fishing and Hunting
111998
All Other Miscellaneous
Limited to
						  facilities
Crop Farming
that reduce maple sap to
maple syrup
113310
Logging
21
Mining
211112
Natural Gas Liquid
Limited to
						  facilities
Extraction
that recover sulfur from
natural gas
212324
Kaolin and Ball Clay
Limited to
						  facilities
Mining
operating without a mine
or quarry and that are
primarily engaged in
beneficiating kaolin and
clay
212325
Clay and Ceramic and
Limited to
						  facilities
Refractory Minerals
operating without a mine
Mining
or quarry and that are
primarily engaged in
beneficiating clay,
ceramic and refractory
minerals
212393
Other Chemical and
Limited to
						  facilities
Fertilizer Mineral
operating without a mine
Mining
or quarry and that are
primarily engaged in
beneficiating chemical or
fertilizer mineral raw
materials
212399
All Other Nonmetallic
Limited to
						  facilities
Mineral Mining
operating without a mine
or quarry and that are
primarily engaged in
beneficiating nonmetallic
minerals
22
Utilities
22
Utilities
31-33
Manufacturing
31-33
Manufacturing
Except facilities
						  engaged
in wholesale distribution
of:
Piece goods, notions and
other dry goods
(broadwoven converters,
piece goods converters);
Meat and meat products
(boxed beef); and
Groceries and related
products, not elsewhere
classified (processed
bottled water
manufacturing);
and except:
Candy, nut and
confectionery stores
(chocolate candy stores
preparing on premises,
nonchocolate candy
stores, preparing on
premises);
Retail bakeries (bread,
cake and related products
baked and sold on
premises);
Miscellaneous apparel and
accessory stores (custom
tailors, custom
dressmakers);
Furniture stores (custom
wood cabinets, custom
made upholstered
household furniture,
custom made
nonupholstered wood
household furniture);
Drapery, curtain and
upholstery stores (custom
drapes, custom
slipcovers);
Miscellaneous home
furnishing stores
(manufacturing and
selling pottery on site);
Optical goods stores
(optical laboratories
grinding lenses to
prescription); and
Miscellaneous retail
stores (manufacture of
orthopedic devices to
prescription in a retail
environment); and except
facilities engaged in the
following services:
Photocopying and
duplicating services
(quick printing);
Business services
(embroidery of
advertising on shirts and
rug binding for the
trade, aerosol packaging,
solvent recovery service
contract, tobacco
sheeting service,
sponging, shrinking,
etc., fabric for tailors
and dressmakers, batik
work);
Armature rewinding stores
(remanufacturing);
Services allied to motion
picture production
(reproduction of video);
and
Dental laboratories
42
Wholesale Trade
423830
Industrial Machinery
Except
						  facilities engaged
and Equipment
in sales of industrial
Merchant Wholesalers
machinery and equipment
(merchant wholesalers)
423840
Industrial Supplies
Merchant Wholesalers
423850
Service Establishment
Equipment and Supplies
Merchant Wholesalers
423930
Recyclable Material
Merchant Wholesalers
4242
Drugs and Druggists'
Sundries Merchant
Wholesalers
424310
Piece Goods, Notions
Limited to
						  merchant
and Other Dry Goods
wholesalers of yarn,
Merchant Wholesalers
except industrial
424340
Footwear Merchant
Limited to
						  merchant
Wholesalers
wholesalers of footwear
cutstock
4246
Chemical and Allied
Products Merchant
Wholesalers
4247
Petroleum and Petroleum
Merchant Wholesalers
424810
Beer and Ale Merchant
Wholesalers
424820
Wine and Distilled
Alcoholic Beverage
Merchant Wholesalers
4249
Miscellaneous Nondurable
Goods Merchant
Wholesalers
425110
Business to Business
Limited to
						  facilities
Electronic Markets
engaged in the wholesale
distribution of the
following:
Industrial supplies
(business to business
electronic markets);
Service establishments
equipment and supplies
(business to business
electronic markets);
Scrap and waste metals
(business to business
electronic markets);
Drugs, drug prop-
rietaries, and druggists'
sundries (business to
business electronic mar-
kets); Plastic materials
and basic forms sundries
(business to business
electronic markets);
Chemical and allied
products, not otherwise
classified (business to
business electronic
markets);
Petroleum and petroleum
products wholesalers,
except bulk stations and
terminals (business to
business electronic
markets);
Beer, wine and distilled
alcoholic beverages
(business to business
electronic markets);
Farm supplies (business
to business electronic
markets);
Books, periodicals and
newspapers (business to
business electronic
markets);
Flowers, nursery stock
and florists' supplies
(business to business
electronic markets);
Tobacco and tobacco
products (business to
business electronic
markets);
Paints, varnishes and
supplies (business to
business electronic
markets); and
Nondurable goods, not
elsewhere classified
(business to business
electronic markets)
425120
Wholesale Trade Agents
Limited to
						  facilities
and Brokers
engaged in wholesale
distribution of the
following:
Industrial supplies, not
elsewhere classified
(agents and brokers);
Service establishments
equipment and supplies
(agents and brokers);
Scrap and waste metals
(agents and brokers);
Drugs, drug prop-
rietaries, and druggists'
sundries (agents and
brokers); Plastic mater-
ials and basic forms and
shapes (agents and
brokers); Chemical and
allied products, not
otherwise classified
(agents and brokers);
Petroleum and petroleum
products wholesalers,
except bulk stations and
terminals (agents and
brokers);
Beer, wine and distilled
alcoholic beverages
(agents and brokers);
Farm supplies (agents and
brokers);
Books, periodicals and
newspapers (agents and
brokers);
Flowers, nursery stock
and florists' supplies
(agents and brokers);
Tobacco and tobacco
products (agents and
brokers);
Paints, varnishes and
supplies (agents and
brokers); and
Nondurable goods, not
elsewhere classified
(agents and brokers)
44-45
Retail Trade
441110
New Car Dealers
441120
Used Car Dealers
444220
Nurseries, Garden Center
Limited to
						  wholesale
and Farm Supply Stores
facilities engaged in
sales of the following:
Farm supplies (lawn and
garden supplies sold via
retail method); and
Flowers, nursery stock
and florists' supplies
(sold via retail method)
445310
Beer, Wine and Liquor
Limited to
						  wholesale
Stores
facilities engaged in
sales of beer, wine and
distilled alcoholic
beverages via retail
method
446110
Pharmacies and Drug
Limited to
						  wholesale
Stores
facilities engaged in
sales of drugs, drug
proprietaries, and
druggists' sundries
(drugs and sundries sold
via retail method)
446120
Cosmetics, Beauty
Limited to
						  wholesale
Supplies and Perfume
facilities engaged in
Stores
retail sales of cosmetics
and perfumes
446191
Food (Health) Supplement
Limited to
						  wholesale
Stores
facilities engaged in
retail sales of food
supplements
4471
Gasoline Stations
Except convenience
						  stores
with gas
451211
Book Stores
Limited to wholesale
facilities engaged in
sales of books,
periodicals and
newspapers (sold via
retail method)
453220
Gift, Novelty, and
Limited to
						  wholesale
Souvenir Stores
facilities engaged in
sales of curios,
statuary, gifts,
novelties, and souvenirs
(sold via retail method)
453910
Pet and Pet Supplies
Limited to
						  wholesale
Stores
facilities engaged in
sales of pets, pet
supplies and tropical
fish (sold via retail
method)
453991
Tobacco Stores
Limited to
						  wholesale
facilities engaged in
sales of tobacco and
tobacco products (sold
via retail method); and
Smokers' supplies (sold
via retail method)
453998
All Other Miscellaneous
Limited to
						  wholesale
Store Retailers (except
facilities engaged in
Tobacco Stores)
sales of industrial
supplies (sold via retail
method), and plastic
materials and basic forms
and shapes (sold via
retail method)
454311
Heating Oil Dealers
Limited to
						  petroleum bulk
stations and terminals
engaged in the
distribution of heating
oil sold to final consumer
454312
Liquid Petroleum Gas
Limited to
						  petroleum bulk
(Bottled Gas) Dealers
stations and terminals
engaged in distribution
of liquid petroleum gas
sold to final consumer
48-49
Transportation and
Warehousing
4811
Scheduled Air
Transportation
486
Pipeline Transportation
Industry
487110
Scenic and Sightseeing
Limited to
						  facilities
Transportation, Land
engaged in horse-drawn
cabs and carriages
services
488111
Air Traffic Control
488119
Other Airport Operations
Except
						  facilities engaged
in flying fields operated
by aviation clubs
488190
Other Support Activities
Limited to
						  facilities
for Air Transportation
engaged in aircraft
servicing and repairing
488210
Support Activities for
Except
						  facilities engaged
Rail Transportation
in railroad switching and
terminal establishments
(all but short line
railroads)
488390
Other Support Activities
Except
						  facilities engaged
for Water Transportation
in water
						  transportation
services (all but
lighthouse operations,
piloting vessels in and
out of harbors, boat and
ship rental, marine
salvage, lighterage,
marine surveyor services,
and canal operations); and
Repair shops and related
services engaged in ship
scaling
488490
Other Support Activities
Except
						  terminal and
for Road Transportation
service facilities for
motor vehicle passenger
transportation;
Terminal and joint
terminal maintenance
facilities for motor
freight transportation;
Arrangement of passenger
services (arrangement of
carpools and vanpools);
and
Driving services, for
example, auto or truck
delivery and pilot car
services
488510
Freight Transportation
Arrangement
488991
Packing and Crating
488999
All Other Support
Limited to
						  pipeline
Activities for
terminals and stockyards
Transportation
492110
Couriers
Limited to air courier
services
51
Information
51111
Newspaper Publishers
51112
Periodical Publishers
51113
Book Publishers
51114
Directory and Mailing
Except direct
						  mail
List Publishers
advertising services
(mailing list compilers)
511191
Greeting Card Publishers
511199
All Other Publishers
512220
Integrated Record
Production/Distribution
512230
Music Publishers
Except
						  facilities
primarily engaged in
music copyright
authorizing use, music
copyright buying and
licensing, and music
publishers working on
their own account
517110
Wired Telecommunication
Except cable
						  and
Carriers
other program distribution,
and broadband Internet
service providers
(forexample, cable, DSL)
517210
Wireless
Except facilities
						  engaged
Telecommunications
as ship to shore
Carriers(except
broadcasting carriers
Satellite)
517911
Telecommunication
Resellers
519130
Internet Publishing and
Except
						  facilities engaged
Broadcasting and Web
in web search portals,
Search Portals
internet broadcasting,
special interest web sites,
entertainment sites and
interactive game sites.
53
Real Estate and Rental
and Leasing
532411
Commercial Air, Rail, and
Limited to
						  facilities
Water Transportation
engaged in rental of
Equipment Rental and
railroad cars
Leasing
54
Professional, Scientific
and Technical Services
541380
Testing Laboratories
541614
Process, Physical
Except facilities
						  engaged
Distribution, and
in management consulting
Logistics Consulting
services (manufacturing
Services
management, physical
distribution, and site
location consulting)
541712
Research and Development
Except
						  facilities engaged
in the Physical,
in commercial physical
Engineering and Life
and biological research;
Sciences
and
(Except Biotechnology)
Noncommercial research
organizations (physical
engineering and life
sciences)
541890
Other Services Related to
Except
						  facilities engaged
Advertising
in sign painting and
lettering, showcard
painting, mannequin
decorating service and
other advertising related
business services
541940
Veterinary Services
Limited to
						  facilities
engaged as veterinary
testing laboratories
56
Administrative and
Support and Waste
Management and
Remediation Services
5617
Services to Buildings and
Except
						  facilities engaged
Dwellings
in:
Ornamental shrub and tree
services;
Power washing building
exteriors, not associated
with construction;
Disinfecting and pest
control services
(exterminating and pest
control);
Building cleaning and
maintenance services
(janitorial services, and
services to building and
dwellings except
janitorial services);
Swimming pool cleaning
and maintenance; and
Furnace, duct, gutter,
and drain cleaning
services
56221
Hazardous Waste Treatment
and Disposal
562910
Remediation Services
Except
						  facilities engaged
in asbestos abatement and
lead paint removal
contractors
562920
Materials Recovery
Facilities
562998
All Other Miscellaneous
Except
						  facilities engaged
Waste Management Services
in sewer cleaning and
rodding
61
Educational Services
611110
Elementary and Secondary
Schools
611210
Junior Colleges
611310
Colleges, Universities
and Professional Schools
611512
Flight Training
Except schools
						  and
educational services
(flying instruction)
611513
Apprenticeship Training
611519
Other Technical and Trade
Limited to
						  facilities
Schools
engaged as vocational
schools (except aviation
and flight training and
apprenticeship training)
62
Health Care and Social
Assistance
622
Hospitals
72
Accommodation and Food
Services
722310
Food Service Contractors
Limited to
						  facilities
engaged in dining car
operations on a fee or
contract basis
81
Other Services (except
Public Administration)
81111
Automotive, Mechanical
and Electrical Repair and
Maintenance
811121
Automotive Body, Paint
and Interior Repair and
Maintenance and Glass
Repair
811122
Automotive Glass
Except facilities
						  engaged
Replacement Shops
in automotive window
tinting
811198
All Other Automotive
Except
						  automotive services
Repair and Maintenance
8113
Commercial and Industrial
Limited to
						  facilities
Machinery and Equipment
engaged in welding
						  repair
(except Automotive and
Electronic) Repair and
Maintenance
811420
Reupholstery and
Limited to
						  facilities
Furniture Repair
engaged in aircraft
upholstery repair
811490
Other Personal and
Limited to
						  facilities
Household Goods Repair
engaged in pleasure boat
and Maintenance
repair
812320
Drycleaning and Laundry
Limited to
						  facilities
Services (except
engaged as drycleaning
Coin-operated)
plants, except rug
cleaning
812332
Industrial Launderers
(c) In
				the event that the Executive Office of the President, Office of Management and
				Budget, publishes new or revised North American Industry Classification System
				(NAICS) codes modifying the 2002 list of NAICS codes on which the definition of
				"employer" in (b) above is based, the Department shall modify the NAICS codes in the
				definition as necessary to ensure that, as required by
				P.L.
				2003, c. 157, the generally
				equivalent universe of employers continues to be regulated under this chapter.
				Specifically, the Department shall provide limitations and/or exceptions to the
				NAICS codes as required to maintain the regulated universe as of August 15, 2003.
				The Department shall publish in the New Jersey Register a notice of the new or
				revised NAICS code(s) and the corresponding administrative change(s) to the
				definition.