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 10 - SERVICING AND REPAIRING OF HOME APPLIANCES › Section 13:45A-10.3 - Deceptive practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act, 56:8-1 et seq., the following acts or omissions shall be deceptive practices in the conduct of the business of repairing and servicing home appliances:
1. Commencing work other than diagnostic work or work included in a diagnostic fee without having obtained the consumer's signature or the signature of the consumer's agent on a written itemized estimate of the labor and parts necessary, including specific notation of exchange price on parts where applicable. If such written consent cannot be obtained, repair work may be commenced only if the consumer has been advised of the estimate and has consented thereto and the person advising the consumer has noted the conversation on the estimate as well as the date, time and phone number at which he reached the consumer.
2. Failure to provide the consumer with a copy of the above authorization and any other servicer's receipt or document requiring the consumer's signature, as soon as the consumer signs such document.
3. Making any deceptive or misleading statements, including but not limited to false or unrealistic promises and groundless estimates of a character likely to influence, persuade or induce a consumer to authorize the repair or service of a home appliance.
4. Charging the consumer for work done or parts supplied in excess of the estimated price without the oral or written consent of the consumer, which shall be obtained after it is determined that the estimated price is insufficient and before the work not estimated is done or the parts not estimated are supplied. If such consent is oral, the supplier of services shall make a notation on the documentation previously signed by the consumer of the date, time, name of the person authorizing the additional repairs and the telephone number, if any, together with a specification of the additional parts and labor and the total additional cost.
5. Failure to offer to return replaced parts to the consumer at the time of completion of the work, provided that the parts by virtue of their size, weight or other similar factors or for any safety reasons are not practical to return, unless the estimate and bill make specific reference to an exchange price for a particular part.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 10 - SERVICING AND REPAIRING OF HOME APPLIANCES › Section 13:45A-10.4 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The provisions of 13:45A-10.2 and 10.3 above shall not apply to the repair and servicing of the following if the repair or servicing required is such as to constitute an emergency which presents an imminent hazard or threat to life or health:
1. Gas or oil consuming appliances;
2. Central heating and cooling systems;
3. Heat pumps;
4. Self contained combination heating and cooling systems.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 10 - SERVICING AND REPAIRING OF HOME APPLIANCES › Section 13:45A-10.5 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
Without foreclosing the prosecution of any other practices which may be unlawful under the Consumer Fraud Act, 56:8-1 et seq., any violations of the provisions of this rule shall be subject to the sanctions contained in said Consumer Fraud Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 12 - SALE OF ANIMALS › Section 13:45A-12.1 - 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 clearly indicates otherwise:
"Animal" means a dog or cat.
"Consumer" means any natural person purchasing a dog or cat from a pet dealer.
"Division" means the Division of Consumer Affairs, Department of Law and Public Safety.
"Kennel" means the business of boarding dogs or cats or breeding dogs or cats for sale.
"Person" means any person as defined by 56:8-1(d).
"Pet dealer" means any person engaged in the ordinary course of business in the sale of animals for profit to the public or any person who sells or offers for sale more than five animals per year.
"Pet shop" means a place of business for selling, offering for sale or exposing for sale dogs or cats.
"Quarantine" means to hold in segregation from the general animal population any dog or cat because of the presence or suspected presence of a contagious or infectious disease.
"Unfit for purchase" means any disease, deformity, injury, physical condition, illness or defect which is congenital or hereditary and severely affects the health of the animal, or which was manifest, capable of diagnosis or likely to have been contracted on or before the sale and delivery of the animal to the consumer. The death of an animal within 14 days of its delivery to the consumer, except death by accident or as a result of injuries sustained during that period shall mean such animal was unfit for purchase.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 12 - SALE OF ANIMALS › Section 13:45A-12.2 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Without limiting the prosecution of any other practices which may be unlawful under 56:8-1 et seq., the following acts, practices or omissions shall be deceptive practices in the conduct of the business of a pet dealer:
1. To sell an animal within the State of New Jersey without an animal history and health certificate and without providing the consumer with a completed animal history and health certificate. The animal history and health certificate shall be signed by the pet dealer, his agent or employee, and shall contain the following information:
i. The animal's breed, sex, age, color, and birth date;
ii. The name and address of the person from whom the pet dealer purchased the animal;
iii. The breeder's name and address, and the litter number of the animal;
iv. The name and registration number of the animal's sire and dam;
v. The date the pet dealer took possession of the animal;
vi. The date the animal was shipped to the pet dealer, where such date is known by the dealer;
vii. The date or dates on which the animal was examined by a veterinarian licensed to practice in the State of New Jersey, the name and address of such veterinarian, the findings made and the treatment, if any, taken or given to the animal;
viii. A statement of all vaccinations and inoculations administered to the animal, including the identity and quantity of the vaccine or inoculum administered, the name and address of the person or licensed veterinarian administering the same, and the date of administering the vaccinations and inoculations; and
ix. A 10-point bold-face type warning in the following form:
WARNING
The animal which you have purchased (check one) [] has [] has not been previously vaccinated or inoculated. Vaccination or inoculation neither guarantees good health nor assures absolute immunity against disease. Examination by a veterinarian is essential at the earliest possible date to enable your veterinarian to insure the good health of your pet.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 13 - POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF CONSUMER AFFAIRS › Section 13:45A-13.1 - Statement of general purpose and intent

Current through Register Vol. 56, No. 14, July 15, 2024
The within regulations are promulgated pursuant to authority conferred by L.1975 c.376 and are intended to operate as working guidelines for county and municipal consumer protection agencies in the exercise of those powers conferred herein. Any and all powers delegated hereby shall be exercised in strict accordance herewith and with such directives as may from time to time be issued by the Attorney General through the Director of the Division of Consumer Affairs.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 13 - POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF CONSUMER AFFAIRS › Section 13:45A-13.2 - 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.
"Act" means the New Jersey Consumer Fraud Act L.1960 c.39 (C56:8-1 et seq.) as amended and supplemented.
"Director" means the Director of the Division of Consumer Affairs.
"Person" means any natural person or his legal representative, partnership, corporation, company, trust, business entity or association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or cestuis que trustent thereof.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 13 - POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF CONSUMER AFFAIRS › Section 13:45A-13.3 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The powers hereinafter delegated shall be exercised consistent herewith in the name of a county or municipal director of consumer affairs. Such a director shall be established by resolution adopted by a county board of chosen freeholders or by ordinance adopted by the governing body of a municipality. In the event that such ordinance or resolution has been adopted prior hereto, the same shall be deemed valid for the purpose of creating a county or municipal director as required hereby.
(b) The powers delegated herein shall be exercised either by the director of a county office of consumer affairs or by a municipal director of consumer affairs. In the event a county office and a municipal office work on a matter concurrently, the Director shall supervise each in order to insure consistent policies and practices.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 13 - POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF CONSUMER AFFAIRS › Section 13:45A-13.4 - Qualifications of county or municipal director

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A county or municipal director of consumer affairs in order to exercise those powers hereinafter delegated shall:
1. Be established by formal appointment by resolution adopted by the county board of chosen freeholders or by ordinance adopted by the governing body of the municipality;
2. Successfully complete such initial educational and training courses as may be established by the director and such supplemental courses as may from time to time be prescribed;
3. Require that all staff employees or representatives dealing with the investigation or mediation of consumer complaints successfully complete such educational and training courses as may be established by the director. In the event that such staff employees or representatives shall fail to successfully complete such courses or shall be employed prior to the giving of such course, such employees or representatives may continue in such employment under the direct supervision and control of an individual who has successfully completed the course;
4. File such reports with the Division of Consumer Affairs as may be required by the director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 13 - POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF CONSUMER AFFAIRS › Section 13:45A-13.5 - Termination of authority to exercise delegated authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The authority to exercise those powers hereinafter delegated to a county or municipal director of consumer affairs may be suspended or revoked for:
1. Failure to comply with the requirements contained in section 4 of this subchapter;
2. Failure to comply with any requirement or limitation regarding the exercise of those powers hereinafter delegated;
3. Failure to administer a county or local office of consumer protection in accordance with such directives as may be issued by the director.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 13 - POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF CONSUMER AFFAIRS › Section 13:45A-13.6 - Delegated powers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A county or local director of consumer affairs, subject to the limitations hereinafter set forth may:
1. Initiate investigations whenever it shall appear to such director that a person has engaged in, is engaging in or is about to engage in any act declared unlawful by the act as amended and supplemented or in any act or practice which violates any regulation promulgated by the Attorney General to the act. Such investigations may be commenced either on the complaint of an individual consumer or where, after independent inquiry made by the county or municipal director, it appears that a violation of the act or any regulation adopted pursuant thereto has occurred or may occur in the future.
2. Require any person to file a statement or report in writing under oath or otherwise, as to all the facts and circumstances concerning the sale or advertisement of merchandise by such person and such other data and information as may be necessary to determine whether a violation of the act or a regulation adopted pursuant thereto has occurred or will occur.
3. Examine under oath any person in connection with the sale or advertisement of any merchandise.
4. Examine any merchandise or sample thereof, record, book, document, account, or paper as may be deemed necessary.
5. Pursuant to an order of the superior court, impound any record, book, document, account, paper, or sample of merchandise that is produced in accordance with these regulations, and retain the same until the completion of all proceedings in connection with which the same are produced.
6. Issue subpoenas to any person in aid of any investigation to determine whether a violation of the act or any regulation adopted by the Attorney General thereto has occurred or will occur. A subpoena shall be issued in the name of the county or municipal director in a form substantially identical to that annexed hereto as example 1 and shall be signed by counsel to such director.
i. In the event that any person shall fail to comply with a subpoena issued pursuant to this subsection, the county or municipal director may apply to the superior court for an order granting such relief as authorized by L.1960, c.39 section 6 (56:8-6 ).
7. Initiate such litigation in the courts in the name of the director seeking such relief as may be authorized by the act. In the event that litigation is to be commenced by a county or municipal director of consumer affairs, notice thereof shall be given to the director by serving a copy of the proposed complaint and any supporting documents to be filed with the court not less than 15 days prior to the filing of such action. Where litigation is to be commenced by seeking a temporary restraining order on an emergent basis, the director shall be notified of such action consistent with the rules of court governing such applications.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 13 - POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF CONSUMER AFFAIRS › Section 13:45A-13.7 - Limitations; litigation

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever it shall appear to the director that any litigation or any other action authorized by the within regulation is improperly brought or is contrary to the public interest, such action shall, on notice to the county or municipal director, be terminated, suspended or modified as may be directed.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 13 - POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF CONSUMER AFFAIRS › Section 13:45A-13.8 - Restrictions; powers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A county or municipal director of consumer affairs shall not:
1. Promulgate substantive regulations governing the sale or advertisement of merchandise or defining unlawful practices; provided, however, nothing herein contained shall be deemed to prohibit the adoption of internal administrative procedures governing the handling and processing of complaints received from consumers.
2. Conduct any administrative hearing of a quasi-judicial nature for the purpose of assessing any civil penalty, ordering any restoration of consumer moneys or directing that any person cease and desist from engaging in any unlawful practices, provided, however, nothing herein contained shall be deemed to prohibit the negotiation of any agreement by consent to remedy any individual consumer complaint or the cessation of any unlawful consumer practice.
3. Attempt to confer or grant immunity from any criminal prosecution as authorized by L.1960 c.39 section 7 (56:8-7 ).
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 13 - POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF CONSUMER AFFAIRS › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
Example 1
.
.....................................
......................................
(County or Municipality)
County or Municipal Seal
(optional)
TO:
GREETING:
WE COMMAND YOU that, laying aside all business and excuses, you personally severally attend and appear before ...... at the ...... on ...... the ...... day of ......., 197.., at ...... o'clock in the ...... noon of that day to testify in a certain investigation now pending between ...... ...... concerning the facts and circumstances relating to the sale or advertisement of merchandise or services to ...... ......
And also that you bring with you and produce at the same time and place aforesaid all records, books, documents, accounts and papers relevant and material to the inquiry, as follows:
FAILURE to comply with this subpoena may render you liable for contempt of court and such other penalties as provided by law
Dated: .........., 197...
......................................
Counsel to Director of
......................................
Consumer Affairs
Director of Consumer Affairs
(County or Municipality)
(County, Municipality)
of
(Name of agency)
IN THE MATTER OF AN INQUIRY
BETWEEN
and
SUBPOENA
Duces Tecum
......................................
Director of Consumer Affairs
(County or Municipality)
Returnable .........., 197...
AFFIDAVIT OF SERVICE
STATE OF NEW JERSEY
)
)
SS
COUNTY OF
)
......., being duly sworn according to law, on his oath deposes and says that he is ...... and that on ......., he served the within Subpoena on ...... by exhibiting the original Subpoena to and leaving a true copy thereof with ...... at ......
Sworn and subscribed to
before me this ...... day
of ......., 197..
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
These regulations implement the Unit Price Disclosure Act, P.L. 1975, c.242 (56:8-25 ) and provide for the disclosure of information necessary to enable consumers to compare easily and effectively the retail prices of certain consumer commodities regardless of package size or quantity.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.2 - 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.
"Approved unit of measure" means the unit of weight, standard of measure or standard of count designated for each regulated consumer commodity in 13:45A-14.4.
"Consumer commodity" means any merchandise, wares, article, product, comestible or commodity of any kind of class produced, distributed, or offered for retail sale for consumption by individuals other than at the retail establishment, or for use by individuals for purposes of personal care or in the performance of services rendered within the household, and which is consumed or expended in the course of such use.
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.
"Person" means any natural person, partnership, corporation or other organization engaged in the sale, display or offering for sale of consumer commodities at retail establishment whose combined total floor area, exclusive of office, receiving and storage areas, dedicated to the sale of consumer commodities exceeds 4,000 square feet or whose combined annual gross receipts from the sale of consumer commodities in the preceding year exceeded $ 2 million, regardless of the square footage involved.
"Regulated consumer commodity" means those consumer commodities listed in 13:45A-14.4.
"Retail establishment" means any place of business where consumer commodities are exposed or offered for sale at retail.
"Retail price" means the total retail price of a consumer commodity, excluding sales tax.
"Unit price" means the retail sales price of a consumer commodity expressed in terms of the approved unit of measure.
"Wash load" means seven pounds of laundry by dry weight.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.3 - Persons and operations exempted from complying with Unit Price Disclosure Act

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following persons or entities shall be exempted from complying with this subchapter and the terms of the Unit Price Disclosure Act:
1. Any person owning and operating a single retail establishment with annual gross receipts from the sale of consumer commodities in the preceding year of not more than $ 2 million.
2. Any person owning and operating a single establishment or a series of retail establishments each having a total floor space of 4,000 square feet or less regardless of the annual gross receipts in New Jersey from the sale of consumer commodities therein.
3. Any person owning and operating a retail establishment or series of retail establishments, wherein the combined annual gross receipts from the sale of food products, nonprescription drugs, personal care products and household service products is less than 30 percent of the total annual gross receipts of such retail establishment when calculated on an individual store basis or an aggregate basis combining all retail establishments, providing that the portion of that person's retail establishment selling consumer commodities regulated herein has either a total floor area of less than 4,000 square feet or annual gross receipts in New Jersey not exceeding $ 2 million, or both.
4. Notwithstanding the provisions of (a)1, 2 and 3 above, any retail establishment, whether or not part of a series of retail establishments, which devotes less than five percent of its total floor area, exclusive of office, receiving and storage areas to the sale of consumer commodities and which derives less than five percent of its total gross receipt in New Jersey from the sale of consumer commodities.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.4 - Regulated consumer commodities and their approved units of measure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following consumer commodities shall be considered regulated commodities. Wherever regulated commodities are exposed or offered for sale at retail, unless otherwise exempt from this subchapter, the unit price information required to be displayed shall be calculated on the basis hereinafter set forth. In each establishment, one approved unit of measure must be consistently used for the same commodity.
1. Dry units of measure shall be used for commodities sold according to net weight.
2. Liquid units of measure shall be used for commodities sold according to net weight, net contents or fluid ounces.
3. Commodities not usually measured in dry or liquid units as stated in (a)1 and 2 above shall be sold in count, or square feet, whichever is appropriate and approved.
4. The same unit of measure shall be used for all sizes of the same commodity.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.5 - Exempt consumer commodities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following consumer commodities shall be deemed exempt consumer commodities and may be exposed or offered for sale at retail without complying with the provisions of this subchapter:
1. Medicines sold by prescription only;
2. Vitamins;
3. Beverages subject to or complying with packaging or labeling requirements imposed under the Federal Alcoholic Administration;
4. Consumer commodities required to be marked individually with the cost per unit of weight pursuant to N.J.A.C. 13:47K-4;
5. Any consumer commodity offered for sale at a net quantity equal to the approved unit of measure for such commodity, provided that the retail price of the commodity is plainly marked on the commodity, or shelf molding;
6. Any consumer commodity offered for sale in one size only, and not comparable in form to any other product;
7. Any consumer commodity co-mingled with other consumer commodities for purposes of a one-price sale;
8. Any consumer commodity packaged to include more than one food product (i.e. T.V. dinner or mixed vegetables);
9. Bakery products sold in a service department which are not prepacked outside of the seller's premises;
10. Snack foods, including, but not limited to, cakes, candy, nuts, gum, chips and pretzels sold in packages weighing five ounces or less;
11. Spices, flavor extracts, imitation flavoring and boullion cubes sold in packages of five ounces or less in weight or fluid ounces;
12. Ice cream, ice milk, frozen yogurt, frozen desserts;
13. Frozen foods.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.6 - Calculation of the numerical unit price of a regulated consumer commodity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The unit price shall be calculated to the nearest cent for all regulated consumer commodities when the retail price per approved unit of measure is $ 1.00 or more.
(b) The unit price shall be calculated to the nearest cent or the nearest one-tenth of one cent for all regulated consumer commodities when the retail price per approved unit of measure is less than $ 1.00.
(c) For the purpose of determining the nearest cent or one-tenth of one cent, any calculation of the price per unit resulting in $ 0.05 cents or $ 0.005 cents per unit shall be rounded up to the next higher cent or one-tenth of one cent. Any such calculation resulting in less than $ 0.05 cents or $ 0.005 cents per unit shall be rounded down to the next lower cent or one-tenth cent. For example:
1. $ 1.005 per unit shall be marked $ 1.01 per unit;
2. $ 1.004 per unit shall be marked $ 1.00 per unit;
3. 50.05 [cents] per unit shall be marked 50.1 [cents] per unit;
4. 50.04 [cents] per unit shall be marked 50.0 [cents] per unit;
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.7 - Unit price labels approved for display

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever this subchapter requires that a unit price label be displayed in conjunction with the exposing or offering for sale at retail of a regulated consumer commodity, a sample format of the label shall be submitted to the director for approval prior to the display of the label.
(b) In determining whether to approve the label, the Director shall be guided by the following standards:
1. The shelf label shall be divided so as to create a left and right side; individual item labels may be divided vertically or horizontally into two portions. The amount of space devoted to the unit price and the retail price portion shall be equal. The size and conspicuousness of the numerals used to disclose the retail price shall be equal to or greater than that for the unit price. Where the retail price exceeds the unit price, the type face for the unit price shall not be less than 50 percent than that of the retail price.
2. The left side or upper portion shall be known as the unit price side and shall contain the following information:
i. The term "unit price";
ii. The numerical unit price in bold figures;
iii. The approved unit of measure, including, if appropriate, the "ply" count or thickness of the regulated commodity.
3. The right side or lower portion shall be known as the retail price side and shall contain the following information:
i. The term "retail price," "you pay" or some similar term;
ii. The numerical retail price;
iii. The quantity or size of the commodity being sold, for shelf labels only.
4. A description of the commodity being sold shall appear on the unit price shelf label.
5. Additional stock or code information may appear on the unit price shelf label.
6. All letters and numbers shall be in conspicuous, bold figures and shall be clear and legible. Handwritten labels shall be legibly printed.
7. The overall design of the label shall convey all the information in a clear, readable and conspicuous fashion. Any stock or code information shall not obscure or deemphasize the consumer information appearing on the unit price label.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.8 - Unit price signs and unit price lists

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever this subchapter permits a person to display a sign or list in conjunction with the exposing or offering for sale at retail of a regulated consumer commodity, a sample format of the sign or list shall be submitted to the director for approval prior to the display of the sign or list.
(b) In determining whether to approve the sign or list, the director shall be guided by the following standards:
1. The sign or list shall be divided so as to create a left and right side.
2. The left side of a sign or list shall be known as the unit price side and shall contain the following information:
i. The term "unit price";
ii. The numerical unit price;
iii. The approved unit of measure including if appropriate the "ply" count or thickness of the consumer commodity.
3. The right side shall be known as the retail price side and shall contain the following information:
i. The term "retail price" or "you pay" or similar term;
ii. The numerical retail price;
iii. The quantity or size of the consumer commodity expressed in terms of the approved unit of measure.
4. A description of the commodity to be sold shall appear on the sign or list.
5. Additional stock or code information may appear on the unit price sign or list.
6. All letters or numbers shall be in conspicuous figures and shall be clear and legible.
i. The list shall display the unit price and retail price in numbers of equal size.
ii. The sign shall display the unit price and retail price in equal size if in numbers of less than five inches. For signs with numbers for the retail price larger than five inches, the unit price shall be no less than three inches in size or one-half the retail price size, whichever is greater.
7. The overall design of the sign or label shall convey the consumer information in a clear, readable and conspicuous fashion. Any stock or code information shall not obscure or deemphasize the consumer information.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.9 - Unit price tags

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever these regulations require a unit price tag to be attached directly to the consumer commodity, a sample format of the tag shall be submitted to the director for approval prior to the display of the tag. In reviewing submitted price tags, the director shall apply those standards set forth in 13:45A-14.7 governing the format for unit price labels.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.10 - Means of disclosing unit price information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a regulated consumer commodity is exposed or offered for sale at retail, the unit price and retail price shall be disclosed in the following manner:
1. If the commodity is displayed upon a shelf, the unit price label shall appear directly below the commodity, or, alternatively, a unit price tag shall be attached to the commodity. If the use of a unit price label or unit price tag is impossible or impractical, a unit price sign or list may be used provided such sign or list is conspicuously located at or near the commodity.
2. If the commodity is displayed in a special fashion such as in an end display, portable rack or large bin, the unit price tag shall be attached to the commodity, or, alternatively, a unit price sign or list shall be conspicuously placed at or near the point where the commodity is displayed. Nothing in this section should be construed to prohibit the use of hand-letter unit price signs on special displays so long as such signs contain the disclosures required in (a)1 above.
3. If a commodity is refrigerated, the unit price label shall be affixed to the case, to a shelf edge, or a unit price label shall be attached to the commodity. In the event such attachments are not possible, then a unit price sign or list may be used if the sign or list is displayed in proximity to the articles for sale. Where such proximate display is impossible, a unit price list for such articles must be kept available and a sign posted at the site of the articles for sale as to such availability.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.11 - Placement of unit price information on consumer commodities by nonretailers

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this subchapter shall prohibit a manufacturer, supplier or wholesaler from affixing to a consumer commodity the unit price information required by these regulations.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.13 - Nonintentional technical errors

Current through Register Vol. 56, No. 14, July 15, 2024
For the purpose of enforcement of this subchapter, "nonintentional technical errors" shall mean inaccuracies in the unit pricing information reflected upon a stamp, tag, label, sign or list where such defects have resulted from a malfunction of a printing press, electronic data processing equipment or other mechanical equipment used to produce such stamps, tags, labels, signs or lists, or from the mistake of a computer programmer or machine operator, where such malfunction or mistake was not within the knowledge or control of the owner or operator or management personnel of the store and where such owner or operator or management personnel could not with reasonable diligence have detected and corrected such errors.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.14 - Waiver of unit price requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the remodeling of a store or resetting of the shelves taking place, a retail establishment may request from the director, or his designee, permission to vary from the unit price procedure. Verbal permission to vary is acceptable provided a written confirmation follows same. A retail establishment, which has failed to obtain such permission, shall be in violation of this subchapter if it does not comply with the requirements herein while remodeling a store or resetting shelves.
(b) No waiver from compliance with this subchapter shall be granted to a retail establishment for the restocking of shelves.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 14 - UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS › Section 13:45A-14.15 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Any violation of this subchapter shall be deemed a violation of the Consumer Fraud Act, 56:8-2, subjecting a violator to those sanctions established pursuant to said Act.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 16 - HOME IMPROVEMENT PRACTICES › Section 13:45A-16.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of the rules in this subchapter is to implement the provisions of the Consumer Fraud Act, 56:8-1 et seq., by providing procedures for the regulation and content of home improvement contracts and establishing standards to facilitate enforcement of the requirements of the Act.
(b) The rules in this subchapter shall apply to all sellers as defined in 13:45A-16.1A and to all home improvement contractors as defined in 13:45A-17.2 whether or not they are exempt from the provisions of N.J.A.C. 13:45A-17.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 16 - HOME IMPROVEMENT PRACTICES › Section 13:45A-16.1A - 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.
"Home improvement" means the remodeling, altering, painting, repairing, renovating, restoring, moving, demolishing, or modernizing of residential or noncommercial property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replacement, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping, fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages, basements and basement waterproofing, fire protection devices, security protection devices, central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar heating or water systems, insulation installation, siding, wall-to-wall carpeting or attached or inlaid floor coverings, and other changes, repairs, or improvements made in or on, attached to or forming a part of the residential or noncommercial property, but does not include the construction of a new residence. The term extends to the conversion of existing commercial structures into residential or noncommercial property and includes any of the above activities performed under emergency conditions.
"Home improvement contract" means an oral or written agreement between a seller and an owner of residential or noncommercial property, or a seller and a tenant or lessee of residential or noncommercial property, if the tenant or lessee is to be obligated for the payment of home improvements made in, to, or upon such property, and includes all agreements under which the seller is to perform labor or render services for home improvements, or furnish materials in connection therewith.
"Residential or non-commercial property" means a structure used, in whole or in substantial part, as a home or place of residence by any natural person, whether or not a single or multi-unit structure, and that part of the lot or site on which it is situated and which is devoted to the residential use of the structure, and includes all appurtenant structures.
"Sales representative" means a person employed by or contracting with a seller for the purpose of selling home improvements.
"Seller" means a person engaged in the business of making or selling home improvements and includes corporations, partnerships, associations and any other form of business organization or entity, and their officers, representatives, agents and employees.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 17 - HOME IMPROVEMENT CONTRACTOR REGISTRATION › Section 13:45A-17.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of the rules in this subchapter is to implement the provisions of the Consumer Fraud Act,
56:8-1
et seq. as amended by P.L. 2004, c. 16 (
56:8-136
et seq.), P.L. 2013, c. 144, and P.L. 2014, c. 34 by providing procedures for the regulation of home improvement contractors and establishing standards to facilitate enforcement of the requirements of the Act. The rules establish the Division's registration procedures for those persons who fall under the requirements of this law.
(b) These rules shall apply to home improvement contractors in this State, unless otherwise exempt under
13:45A-17.4
. Home elevation contractors registered pursuant to
13:45A-17A.3
shall be subject to the rules of this subchapter when performing home improvements other than home elevations.
(c) Home improvement contractors who have entered into a contract with a consumer to perform home elevation services prior to October 1, 2014, shall be deemed to be in compliance so long as the contractor maintains written proof that the consumer has been apprised of the requirements that became effective on October 1, 2014, including those required at
13:45A-17A.4(b)
and
17A.11(b)
which will be implemented on June 17, 2015, and the consumer has knowingly elected to proceed under the terms of that contract.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 17 - HOME IMPROVEMENT CONTRACTOR REGISTRATION › Section 13:45A-17.3 - Registration required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless exempt under 13:45A-17.4:
1. No person shall engage in the business of making or selling home improvements in this State unless registered with the Division in accordance with this subchapter; and
2. No person shall advertise indicating that the person is a contractor in this State unless the person is registered with the Division in accordance with this subchapter.
New Jersey Administrative Code › Title 13 - LAW AND PUBLIC SAFETY › Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS › Subchapter 17 - HOME IMPROVEMENT CONTRACTOR REGISTRATION › Section 13:45A-17.4 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following persons are exempt from the registration requirements of this subchapter:
1. Any person registered pursuant to "the New Home Warranty and Builders' Registration Act," P.L. 1977, c.467 (46:3B-1 et seq.), but only in conjunction with the building of a new home as defined in 5:25-1.3;
2. Any person performing a home improvement upon a residential or non-commercial property owned by that person, or by the person's family;
3. Any person performing a home improvement upon a residential or non-commercial property owned by a bona fide charity or other non-profit organization;
4. Any person regulated by the State as an architect, professional engineer, landscape architect, land surveyor, electrical contractor, master plumber, locksmith, burglar alarm business, fire alarm business, or any other person in any other related profession requiring registration, certification, or licensure by the State, who is acting within the scope of practice of that profession;
5. Any person employed by a community association or cooperative corporation who is making home improvements within the person's scope of employment at the residential or non-commercial property that is owned or leased by the community association or cooperative corporation;
6. Any public utility as defined under 48:2-13;
7. Any person licensed as a home financing agency, a home repair contractor or a home repair salesman pursuant to
17:16C-77
, provided that the person is acting within the scope of such license;
8. Any home improvement retailer with a net worth of more than $ 50,000,000 or any employee of such home improvement retailer who is making or selling such home improvements within the person's scope of employment of the home improvement retailer; and
9. Any person holding a valid registration as a home elevation contractor pursuant to
13:45A-17A.3
; provided that if the person's home elevation registration is surrendered, suspended, revoked, not renewed, or otherwise is no longer valid, the person shall register as a home improvement contractor prior to engaging in the business of making or selling home improvements unless the person qualifies for exemption from registration pursuant to (a)1 through 8 above.