N.J.A.C. 13:45A-1 et seq. Regulations Division of Consumer Affairs

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Regulations(N.J.A.C. 13:45A-1 et seq.)Division of Consumer AffairsN.J. Department of Law & Public Safety New Jersey Department of Law & Public Safety Division ofConsumerAffairs As of June 2003
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N.J. Department of Law & Public SafetyDivision of Consumer Affairs Location:Mailing Address:124 Halsey StreetP.O. Box 45025Newark, New Jersey 07102Newark, New Jersey 07101(973) 504-6200 Division ofConsumerAffairs Please note:To see if there have been any changes to these regulations,please see the Division of Consumer Affairs’ Web site(www.state.nj/lps/ca/adopt.htm). Ifthe Office of ConsumerProtection is not listed at the Web site, then no changeshave been made to the regulations.
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Guide to Regulations SUBCHAPTER 1.DECEPTIVE MAIL ORDER PRACTICES13:45A-1.1General provisions ..............................................................................................................................1SUBCHAPTER 2.RESERVEDSUBCHAPTER 3.SALE OF MEAT AT RETAIL13:45A-3.1Definitions ..........................................................................................................................................213:45A-3.2Labeling and advertising requirements .............................................................................................. 513:45A-3.3Exemption for certain meats............................................................................................................... 513:45A-3.4Exemptions for meat inspected under United States Department of Agriculture .............................. 613:45A-3.5Name in addition to the species and primal cut ..................................................................................613:45A-3.6Advertising when additional name used.............................................................................................613:45A-3.7Use of United States Department of Agriculture grading terms.........................................................613:45A-3.8Use of United States Department of Agriculture grading terms for pork........................................... 613:45A-3.9Labeling or advertising when certain United States Department ofAgriculture grading terms used ..........................................................................................................613:45A-3.10Labeling of certain meat food products .............................................................................................. 613:45A-3.11Fabricated steak ..................................................................................................................................713:45A-3.12Supply of meat advertised ..................................................................................................................713:45A-3.13Frozen meat ........................................................................................................................................ 713:45A-3.14Violations ............................................................................................................................................713:45A-3.15Meat charts .........................................................................................................................................7SUBCHAPTER 4.BANNED HAZARDOUS PRODUCTS13:45A-4.1Unconscionable commercial practice ...............................................................................................1213:45A-4.2Consumer product defined ............................................................................................................... 1213:45A-4.3Violations ..........................................................................................................................................12SUBCHAPTER 5.DELIVERY OF HOUSEHOLD FURNITURE AND FURNISHINGS13:45A-5.1Deceptive practices; generally......................................................................................................... 1213:45A-5.2Contract forms; date of order .......................................................................................................... 1213:45A-5.3Contract form; delayed delivery ...................................................................................................... 1313:45A-5.4Violations; sanctions ........................................................................................................................13SUBCHAPTER 6. throughSUBCHAPTER 8.(RESERVED)SUBCHAPTER 9.GENERAL ADVERTISING13:45A-9.1Definitions ........................................................................................................................................ 1313:45A-9.2General advertising practices ...........................................................................................................1413:45A-9.3Price reduction advertisements; merchandise advertised at a price of less than $100.00 ...............1613:45A-9.4Price reduction advertisements; items of merchandise specifically advertised at aprice of more than $100.00............................................................................................................... 1613:45A-9.5Price reduction advertisements; merchandise advertised as a savings o apercentage or a range of percentages................................................................................................ 1713:45A-9.6Pricing; prohibition on fictitious pricing and methods of substantiation ........................................1713:45A-9.7Application of regulation.................................................................................................................. 1813:45A-9.8Retail discounts in scanner stores; percentage-off discounts; point-of-salediscounts; multi-tiered pricing offers; targeted discounts .............................................................. 18SUBCHAPTER 10. SERVICING AND REPAIRING OF HOME APPLIANCES13:45A-10.1Definitions ........................................................................................................................................ 1913:45A-10.2Required information........................................................................................................................1913:45A-10.3Deceptive practices ........................................................................................................................... 2013:45A-10.4Exceptions ........................................................................................................................................ 2013:45A-10.5Violations ..........................................................................................................................................20SUBCHAPTER 11. (RESERVED)SUBCHAPTER 12. SALE OF ANIMALS13:45A-12.1Definitions ........................................................................................................................................ 20
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13:45A-12.2General provisions ............................................................................................................................2113:45A-12.3Required practices related to the health of animals and fitness for sale and purchase ..................... 23SUBCHAPTER 13. POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERSOF CONSUMER AFFAIRS13:45A-13.1Statement of general purpose and intent ..........................................................................................2613:45A-13.2Definitions ........................................................................................................................................ 2613:45A-13.3General provisions ............................................................................................................................2713:45A-13.4Qualifications of county or municipal director ................................................................................ 2713:45A-13.5Termination of authority to exercise delegated authority .................................................................2713:45A-13.6Delegated powers .............................................................................................................................2713:45A-13.7Limitations; litigation ...................................................................................................................... 2813:45A-13.8Restrictions; powers ........................................................................................................................2813:45A-13.9(Reserved).........................................................................................................................................28SUBCHAPTER 14. UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS13:45A-14.1General provisions ............................................................................................................................2813:45A-14.2Definitions ........................................................................................................................................ 2813:45A-14.3Persons and operations exempted from complying with Unit Price Disclosure Act........................ 2913:45A-14.4Regulated consumer commodities and their approved units of measure ......................................... 2913:45A-14.5Exempt consumer commodities .......................................................................................................3113:45A-14.6Calculation of the numerical unit price of a regulated consumer commodity.................................. 3213:45A-14.7Unit price labels approved for display.............................................................................................. 3213:45A-14.8Unit price signs and unit price lists .................................................................................................. 3313:45A-14.9Unit price tags................................................................................................................................... 3313:45A-14.10Means of disclosing unit price information ......................................................................................3313:45A-14.11Placement of unit price information on consumer commodities by nonretailers ............................. 3413:45A-14.12Extension of time to comply with these regulations ........................................................................ 3413:45A-14.13Nonintentional technical errors ........................................................................................................3413:45A-14.14Waiver of unit price requirements .................................................................................................... 3413:45A-14.15Penalties ............................................................................................................................................ 34SUBCHAPTER 15. DISCLOSURE OF REFUND POLICY IN RETAIL ESTABLISHMENT13:45A-15.1Definitions ........................................................................................................................................ 3413:45A-15.2Unlawful practices ............................................................................................................................3413:45A-15.3Exemption.........................................................................................................................................3513:45A-15.4Remedy .............................................................................................................................................35SUBCHAPTER 16. HOME IMPROVEMENT PRACTICES13:45A-16.1Definitions ........................................................................................................................................ 3513:45A-16.2Unlawful practices ............................................................................................................................36SUBCHAPTER 17. (RESERVED)SUBCHAPTER 18. PLAIN LANGUAGE REVIEW13:45A-18.1Fee for contract review ..................................................................................................................... 39SUBCHAPTER 19. PETITION FOR RULEMAKING13:45A-19.1Petition for promulgating, amending or repealing rules................................................................... 39SUBCHAPTER 20. RESALE OF TICKETS OF ADMISSION TO PLACES OF ENTERTAINMENT13:45A-20.1Delayed effective date of regulation ................................................................................................. 4013:45A-20.1ADefinitions ........................................................................................................................................ 4013:45A-20.2Licensure ..........................................................................................................................................4013:45A-20.3Fees: new or renewal license ...........................................................................................................4113:45A-20.4Place of business............................................................................................................................... 4113:45A-20.5Sale or exchange ............................................................................................................................... 4113:45A-20.6Records .............................................................................................................................................4213:45A-20.7Advertising ....................................................................................................................................... 42SUBCHAPTER 21. REGULATIONS CONCERNING THE SALE OF FOOD REPRESENTED AS KOSHER13:45A-21.1Definitions ........................................................................................................................................ 4213:45A-21.2Disclosure requirements ................................................................................................................... 43
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13:45A-21.3Labeling requirements ...................................................................................................................... 4413:45A-21.4Recordkeeping requirements ............................................................................................................4613:45A-21.5Filing requirements ........................................................................................................................... 4613:45A-21.6Inspections of dealers ....................................................................................................................... 4713:45A-21.7Unlawful practices ............................................................................................................................4713:45A-21.8Presumptions .................................................................................................................................... 48SUBCHAPTER 22. (RESERVED)SUBCHAPTER 23. DECEPTIVE PRACTICES CONCERNING WATERCRAFT REPAIR13:45A-23.1Definitions ........................................................................................................................................ 4813:45A-23.2Deceptive practices: watercraft repairs............................................................................................. 49SUBCHAPTER 24. TOY AND BICYCLE SAFETY13:45A-24.1Purpose and scope ............................................................................................................................5113:45A-24.2Reporting of toy-related injuries ...................................................................................................... 5213:45A-24.3Toy recall notices .............................................................................................................................. 5213:45A-24.4Bicycle safety notices ....................................................................................................................... 53SUBCHAPTER 25. SELLERS OF HEALTH CLUB SERVICES13:45A-25.1“Health club” defined ....................................................................................................................... 5413:45A-25.2Registration; fees .............................................................................................................................5413:45A-25.3Exemption from registration............................................................................................................. 5513:45A-25.4Exemption from security requirement .............................................................................................. 5513:45A-25.5Documentation of maintenance of security ......................................................................................5513:45A-25.6Violations; sanctions ........................................................................................................................55SUBCHAPTER 26. AUTOMOTIVE DISPUTE RESOLUTION13:45A-26.1Purpose and scope ............................................................................................................................5613:45A-26.2Definitions ........................................................................................................................................ 5613:45A-26.3Statements to consumer; other notices ............................................................................................ 5613:45A-26.4Lemon Law Unit............................................................................................................................... 5813:45A-26.5Preliminary steps .............................................................................................................................. 5813:45A-26.6Eligibility ..........................................................................................................................................5813:45A-26.7Application ....................................................................................................................................... 5913:45A-26.8Filing fee........................................................................................................................................... 6013:45A-26.9Processing of applications ................................................................................................................6013:45A-26.10Notification and scheduling of hearings ...........................................................................................6013:45A-26.11Computation of refund ..................................................................................................................... 6013:45A-26.12Final decision.................................................................................................................................... 6113:45A-26.13Appeals .............................................................................................................................................6113:45A-26.14Manufacturer’s reporting requirements ............................................................................................ 6213:45A-26.15Index of disputes............................................................................................................................... 62SUBCHAPTER 26A. MOTOR VEHICLE ADVERTISING PRACTICES13:45A-26A.1Scope ................................................................................................................................................ 6213:45A-26A.2Application ....................................................................................................................................... 6313:45A-26A.3Definitions ........................................................................................................................................ 6313:45A-26A.4Bait and switch .................................................................................................................................6413:45A-26A.5Advertisements; mandatory disclosure requirements in all advertisements for sale .......................6413:45A-26A.6Advertisements: mandatory disclosure in advertisements for lease of anew or used motor vehicle ................................................................................................................6513:45A-26A.7Unlawful advertising practices ......................................................................................................... 6613:45A-26A.8Certain credit and installment sale advertisements ..........................................................................6713:45A-26A.9On-site disclosures............................................................................................................................6813:45A-26A.10Record of transactions ...................................................................................................................... 68SUBCHAPTER 26B. AUTOMOTIVE SALES PRACTICES13:45A-26B.1Definitions ........................................................................................................................................ 6813:45A-26B.2Unlawful practices ............................................................................................................................69
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SUBCHAPTER 26C. AUTOMOTIVE REPAIRS13:45A-26C.1Definitions ........................................................................................................................................ 6913:45A-26C.2Deceptive practices; automotive repairs ..........................................................................................70SUBCHAPTER 26D. TIRE DISTRIBUTORS AND DEALERS13:45A-26D.1General provisions ............................................................................................................................7213:45A-26D.2Deceptive practices ........................................................................................................................... 7213:45A-26D.3Violations ..........................................................................................................................................72SUBCHAPTER 26E. MOTORIZED WHEELCHAIR DISPUTE RESOLUTION13:45A-26E.1Purpose and scope ............................................................................................................................7213:45A-26E.2Definitions ........................................................................................................................................ 7313:45A-26E.3Manufacturer warranty ..................................................................................................................... 7313:45A-26E.4Wheelchair Lemon Law Unit ...........................................................................................................7413:45A-26E.5Repair of nonconformity .................................................................................................................. 7413:45A-26E.6Eligibility ..........................................................................................................................................7413:45A-26E.7Application ....................................................................................................................................... 7513:45A-26E.8Filing fee........................................................................................................................................... 7513:45A-26E.9Processing of applications ................................................................................................................7613:45A-26E.10Notification and scheduling of hearings ...........................................................................................7613:45A-26E.11Computation of refund ..................................................................................................................... 7613:45A-26E.12Final decision.................................................................................................................................... 7713:45A-26E.13Appeals .............................................................................................................................................7713:45A-26E.14Manufacturer’s informal dispute resolution system .........................................................................7713:45A-26E.15Index of disputes............................................................................................................................... 77SUBCHAPTER 26F. UNFAIR TRADE PRACTICES--USED MOTOR VEHICLES--SALE AND WARRANTY13:45A-26F.1Purpose and scope ............................................................................................................................7713:45A-26F.2Definitions ........................................................................................................................................ 7813:45A-26F.3Dealer warranty; form; scope; purchaser’s obligations .................................................................7913:45A-26F.4Waiver of warranty ........................................................................................................................... 7913:45A-26F.5Bond requirement .............................................................................................................................8013:45A-26F.6Administrative fee ............................................................................................................................8013:45A-26F.7Procedures regarding repair of material defect ................................................................................ 8013:45A-26F.8Used Car Lemon Law Unit; duties; address ...................................................................................8113:45A-26F.9Procedures for resolving a complaint ...............................................................................................8113:45A-26F.10Application for dispute resolution .................................................................................................... 8113:45A-26F.11Processing of applications ................................................................................................................8213:45A-26F.12Notification of scheduling of hearings ............................................................................................. 8213:45A-26F.13Final decision.................................................................................................................................... 8213:45A-26F.14Computation of refund ..................................................................................................................... 8313:45A-26F.15Appeals .............................................................................................................................................8313:45A-26F.16Dealer’s informal dispute resolution procedures ..............................................................................8313:45A-26F.17Index of disputes............................................................................................................................... 8313:45A-26F.18Violations ..........................................................................................................................................83SUBCHAPTER 27. (RESERVED)SUBCHAPTER 28. MOTOR VEHICLE LEASING13:45A-28.1 through13:45A-28.7(Reserved).........................................................................................................................................8713:45A-28.8Credit check of lessee; right to review contract ..............................................................................87
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1 New Jersey Administrative CodeTitle 13, Chapter 45A.Administrative Rules of the Division of Consumer Affairs SUBCHAPTER 1.DECEPTIVE MAIL ORDER PRACTICES13:45A-1.1General provisions(a) Without limiting any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A. 56:8-1 et seq.,this rule makes unlawful thereunder some specific practices in the mail order or catalog business.(b) It is an unlawful practice in connection with the advertisement or sale of merchandise for a person conducting a mailorder or catalog business to accept money through the mail or any electronic transfer medium, for merchandiseordered by mail, telephone, facsimile transmission or electronic mail and then permit six weeks to elapse withouteither:1.Delivering or mailing the merchandise order; or2.Making a full refund; or3.Sending the consumer a letter or notice advising the consumer of the duration of an expected delay or thesubstitution of merchandise of equivalent or superior quality, and offering to send a refund within one week ifso requested. If a proposal to substitute merchandise is made, it shall describe, in specific detail, how thesubstituted merchandise differs from the merchandise ordered; or4.Sending the consumer substituted merchandise of equivalent or superior quality, together with:i.A written notice offering, without reservation, to accept the return of the merchandise at the seller’s expensewithin 14 days of receipt of the merchandise and, upon request, the consumer’s choice of either, a refund ofcash paid, including the amount of postage to return the item, or a credit; andii.A postage-paid letter or card on which the consumer may indicate whether he wishes the purchase price tobe refunded or credited to his account within 14 days of receipt of the letter or card by the seller. Theconsumer’s request entered on such a letter or card must be honored by the seller; andiii. The written notice and postage-paid letter or card, as stated in (b)4i and ii above, need not be sent with themerchandise, if in lieu thereof, a statement that the seller will accept the return of the merchandise for aperiod of at least 14 days without reservation is printed in the catalog itself.(c) For purposes of (b)3 and 4 above, merchandise may not be considered of “equivalent or superior quality” if it is notsubstantially similar to the merchandise ordered or not fit for the purposes intended, or if the seller normally offersthe substituted merchandise at a price lower than the price of the merchandise ordered.(d) Subsection (b) above does not apply:1.To merchandise ordered pursuant to an open-end credit plan as defined in the Federal Consumer Credit Protec-tion Act or any other credit plan pursuant to which the consumer’s account was opened prior to the mail orderin question, and under which the creditor may permit the customer to make purchases from time to time fromthe creditor or by use of a credit card; or2.When all advertising for the merchandise contains a notice (which, in the case of printed advertising, shall be ina type size at least as large as the price) that delay may be expected of a specified period. In such cases, one ofthe events described in (b) above must occur no later than one week after expiration of the period specified inthe advertisement; or3.To merchandise, such as quarterly magazines, which by their nature are not produced until a future date and forthat reason cannot be stocked at the time of order; or4.To installments other than the first of merchandise, such as magazine subscriptions, ordered for serial delivery.(e) It is an unlawful practice in connection with the advertisement or sale of merchandise for a person conducting a mailorder or catalog business to fail to disclose the legal name of the company and the complete and permanent streetaddress from which the business is actually conducted in any materials, including advertising and promotional
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2 materials, order blanks and order forms, which contain a mailing address other than the actual street address fromwhich the business actually engages in or conducts business.(f) The provisions of this section shall apply to any person who conducts a mail order or catalog business in or from theState of New Jersey or who advertises or sells merchandise via mail order or catalog into this State.SUBCHAPTER 2.(RESERVED)SUBCHAPTER 3.SALE OF MEAT AT RETAIL13:45A-3.1DefinitionsThe following words and terms, when used in this Subchapter, shall have the following meanings unless the contextclearly indicates otherwise.“Back ribs” means ribs derived from the rib area of pork loin.“Bottom sirloin butt” means meat derived from the posterior portion of the loin of cattle after removal of the short loinand which is the lower portion (ventral side) of the sirloin after removal of the top sirloin butt (dorsal side) by a cut followingthe natural muscle seam (blue tissue).“Club steak” means meat derived from the anterior end (rib end) of the short loin of cattle or the posterior end (loin end)of the rib. Any labeling of or advertising for “club steak” shall indicate short loin or rib, whichever is appropriate.“Delmonico steak” means boneless meat derived from the anterior end (rib end) of the short loin of cattle or the poste-rior end (loin end) of the rib. Any labeling of or advertising for “delmonico steak” shall indicate short loin or rib, whicheveris appropriate.“Filet mignon” means meat derived from the tenderloin (psoas muscle) of cattle.“Ground beef”, “ground veal”, “ground lamb” or “ground pork” means chopped, fresh and/or frozen meat, other thanfrom the heart, esophagus, the tongue or cheeks, of the species indicated without the addition of fat as such and shall notcontain more than 30 per cent of fat and shall not contain added water, binders or extenders.“Hamburger” means chopped fresh and/or frozen beef, other than from the heart, esophagus, tongue or cheeks, with orwithout the addition of beef fat as such and/or seasoning and shall not contain more than 30 per cent of fat and shall notcontain added water, binders or extenders.“Hanging tender” means meat derived from the thick, muscular dorsal attachment (pillar) of the diaphragm of cattle.Whenever such meat is labeled or advertised for sale at retail, the term “hanging tender”, and only said term, shall be used insaid labeling or advertising and then only if in conjunction with the term “pillar of diaphragm”.“Meat” means the edible part of the muscle of cattle, swine or sheep which is skeletal or which is found in the tongue,in the diaphragm, in the heart or in the esophagus, with or without the accompanying or overlying fat and portions of bone,skin, nerve and blood vessels which normally accompany the muscle tissue and which are separated from it in the process ofdressing. It does not include the muscle found in the lips, snout or ears.“Porterhouse steak” means meat derived from the short loin of cattle and which exhibits not less than 1 1/4 inch indiameter of tenderloin (psoas muscle).“Sale at retail” means a transaction wherein a person sells meat to the consumer, whether at the place of business of suchperson or whether such sale is consummated by mail, by telephone or in writing at a place other than at the place of business.Places of business carrying on the aforesaid transaction include, but are not limited to, supermarkets, grocery stores, butchershops, food freezer dealers and food plan companies.“Short loin” is the anterior portion of the loin of cattle remaining after the removal of the posterior portion (sirloin) of theloin and is obtained by a straight cut perpendicular to the contour of the outer skin surface and perpendicular to the splitsurface of the lumbar vertebrae and which passes through the ilium (pelvic bone) leaving a small part of hip bone in the shortloin.“Sirloin” is the posterior portion of the loin of cattle and is obtained by a straight cut made perpendicular to the contourof the outer skin surface and perpendicular to the split surface of the lumbar vertebrae and which passes flush with the ilium(pelvic bone) leaving a small part of hip bone in the short loin.
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3 “Sirloin knuckle” or “sirloin tip” means meat derived from the beef round by a straight cut from the knee cap parallel toand along the femur on the inside of the round and the natural seam of the outside of the round.“Sirloin steak” means meat derived from the posterior portion of the loin of cattle after removal of the short loin.“Skirt steak” means meat derived from the diaphragm of cattle.“Stew beef” means meat, other than from the heart, esophagus, tongue or cheeks, which is derived from cattle, slicedinto cubes and commonly used for stewing.“Strip loin steak” or “shell steak” means meat derived from that portion of the short loin of cattle remaining after thetenderloin (psoas muscle) has been removed.“Spare ribs” means ribs which are removed from the belly portion of the pork carcass mid-section extending from thescribe line at the fat back side of the belly to and including portions of the rib cartilages, with or without a portion of the splitbreast bone and with or without the skirt (diaphragm) remaining. Use of such term shall be confined to labeling or advertis-ing the said meat as herein defined.“T-bone steak” means meat derived from the short loin of cattle and which exhibits not less than 1/2 inch diameter oftenderloin (psoas muscle).“Tenderloin” means meat derived from the psoas muscle of cattle, sheep or swine.“Top sirloin butt” means meat derived from the posterior portion of the loin of cattle after removal of the short loin andwhich is the thick upper portion (dorsal side) of the sirloin after removal of the bottom sirloin (ventral side) by a cut follow-ing the natural muscle seam (blue tissue).“True name” means the species of animal, that is, beef, veal, lamb or pork, and the primal source or area of the animalcarcass from which meat is derived and shall consist of one, but not more than one, of the following:1.For beef--cheeks, tongue, gullets or esophagus, heart, neck, shoulder, brisket or breast, foreshank, chuck, dia-phragm, rib, plate, hind shank, round, rump, loin, flank or pillar of diaphragm:i.As used in relation to beef herein and as set forth in Chart 1 herein.“Brisket” or “breast” is derived from the area of the chuck which includes part of ribs one through five and the sternum(breast bone).“Chuck” is derived from that area of the forequarter containing ribs one through five without the neck, brisket andforeshank.“Diaphragm” is derived from the forequarter and includes the muscles and tendon attachments which separate thethoracic (chest) cavity from the abdominal cavity.“Flank” is derived by stripping the serous membrane from over the abdominis muscles (flank steak) by pulling theabdominis muscles from the thick membrane which lies underneath.“Foreshank” is derived from the upper portion of the foreleg and contains the upper shank bone.“Hind shank” is derived by cutting through the stifle joint severing the shank meat and shank bone from the round.“Loin” is located between the rib and the round and is removed by a cut between the 12 and 13 ribs (posterior end of therib) and contains the 13 ribs vertebrae, six lumbar vertebrae and five sacral vertebrae.“Neck” is derived from the area of the chuck containing atlas bone through the fifth cervical vertebrae.“Plate” is derived from the forequarter and includes the sixth through 12th ribs after removal of the plate approximatelyten inches from the chime bone.“Plate” is derived from the forequarter and includes the sixth through 12 ribs cut approximately ten inches from thechime bone.“Rib” is derived from the forequarter and includes the sixth through the 12 ribs after removal of the plate approximatelyten inches from the chime bone.“Round” is separated from the full beef loin by a straight cut which starts at a point on the backbone at the juncture of thelast (fifth) sacral vertebrae and the first tail (caudal) vertebrae, passes through a second point which is immediately anterior
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4 to the protuberance of the femur bone and exposes the ball of the femur and then continues in the same straight line beyondthe second point to complete the cut.“Rump” is derived from the round and is removed therefrom by a straight cut perpendicular to the outer skin surfaceimmediately posterior to, and parallel with, the long axis of the exposed surface of the aitch bone.“Shoulder” is derived from the area of the chuck which includes clod, forearm, brisket muscle and arm bone and mayinclude cross sections of the ribs:2.For veal--cheeks, tongue, gullets or esophagus, heart, neck, shank, breast, shoulder, rib, loin, sirloin, rump orleg:i.As used in relation to veal herein andas set forth in Chart 2 herein.“Breast” is derived by a cut perpendicular to the outer surface which passes through the cartilaginous juncture of thefirst rib and anterior extremity of the sternum and perpendicular to the long axis of the 12th rib approximately four inchesfrom the eye of the rib, and contains the sternum, first 12 ribs and all overlaying muscle, except the foreshank.“Leg” is removed from the sirloin and rump by a straight line cut perpendicular to the outer skin surface immediatelyposterior to and parallel with the long axis of the exposed surface of the aitch bone, leaving no part of the aitch bone in theleg. The separation of the sirloin and rump.“Loin” is located between the sirloin and rib and is removed from the rib by a cut between the 12th and the 13th ribs andfrom the sirloin by a cut perpendicular to the outer surface immediately anterior to and flush with the ilium (pelvic bone)leaving no part of the hip bone in the loin and includes the 13th rib vertebrae and five lumbar vertebrae.“Neck” is derived from the shoulder by a straight line cut in front of the blade bone approximately between the fourthand fifth cervical vertebrae and parallel to the rib end of the shoulder.“Ribs” is removed from the shoulder by cutting between the fifth and sixth ribs and contains featherbone, chime boneand rib bones.“Rump” is removed from the leg as aforesaid and is removed from the loin by a cut perpendicular to the outer skinsurface and perpendicular to the backbone at the anterior end of the hip bone leaving all the hip bone in the rump.“Shank” is derived from the leg bone (tibia) or the arm bone (radius).“Shoulder” is the section remaining after removal of the foreshank breast and neck and contains the first through thefifth ribs.“Sirloin” is derived from the anterior end of the rump by a cut perpendicular to the dorsal side starting at any point on thebackbone between the juncture of the last (fifth) lumbar vertebrae:3.For lamb--cheeks, tongue, gullets or esophagus, heart, neck, shank, breast, shoulder, rib, loin or leg:i.As used in relation to lamb herein and as set forth in Chart 3 herein.“Breast” is cut from the loin, neck and shoulder starting at the cod or udder to and through the shank just above theelbow.“Leg” is the portion remaining after the loin has been removed as aforesaid.“Loin” is separated from the leg by cutting just in front of the hip bone.“Neck” is derived from the anterior area of the shoulder and contains the atlas and cervical vertebrae.“Rib” is separated from the loin by cutting between the last two ribs.“Shoulder” is separated from the ribs by cutting between the fifth and sixth ribs.4.For pork--cheeks, tongue, gullets or esophagus, heart, tail, jowl, shoulder, shoulder picnic, shoulder butt, feet,side, spareribs, loin, loin-shoulder end or loin-rib end, loin-center cut, loin-loin end, fat back, ham or hock:i.As used in relation to pork herein and as set forth in Chart 4 herein.“Fat Back” is the section remaining after removal of the loin and side.
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5 “Ham” is the posterior portion of the hog side removed by a cut 2 1/4 to 2 3/4 inches anterior to the knob end of the aitchbone. The cut shall be at right angles to an imaginary line from the tip of the aitch bone through the center of the ham andshank. At the flank pocket the cut shall divert at a 45 degree angle posteriorly.“Jowl” shall be removed closely to the body of the shoulder on a line approximately parallel to the opposite straight cutside of the shoulder, starting behind the “ear dip” which must remain on the jowl, and continuing the cut so as to remove theentire jowl.“Loin” is removed from the middle portion by a cut (scribe) extending from a point on the first rib of the loin which isnot more than 1 3/4 inches from the junction of the foremost rib and the foremost thoracic vertebrae to a point on the ham endwhich is immediately adjacent to the major tenderloin muscle. The loin shall be removed from the fat back and shall contain11 or more ribs, seven lumbar vertebrae and at least three sacral vertebrae.“Loin-center cut” is derived from the pork loin after the shoulder end has been removed by cutting crosswise to thelength of the loin at a point posterior to the edge of the scapular cartilage and from which the ham end of the loin has beenremoved by cutting crosswise to its length anterior to the cartilage on the tuber coxae.“Loin-loin end” is derived from the posterior end of the loin by a cut perpendicular to the length of the loin flush with thelast rib and usually includes the hip (pelvic) bone.“Loin-shoulder end” or “loin-rib end” is derived from the anterior end of the loin by a cut perpendicular to the length ofthe loin flush with the last rib and usually includes the blade bone.“Shoulder” includes the shoulder picnic and shoulder butt and is derived by a cut starting at a point in the armpit that isnot more than one inch posterior to the elbow joint, but does not expose the elbow joint, and continues reasonably straightacross the hog hide. The foot, ribs and related cartilages, breast bone, intercostal meat, breast flap, and neck bones shall beexcluded.“Shoulder picnic” is separated from the “shoulder butt” by a cut which is reasonably straight and perpendicular to theoutside skin surface (not slanted or under cut) and approximately parallel to the breast side of the shoulder leaving all themajor shoulder bone (humerus) and not less than one nor more than two inches of the blade bone (scapula) in the shoulderpicnic.“Side” (belly) shall be separated from the fat back on a straight line not more than 3/4 inch beyond the outermostcurvature of the scribe line. The belly must be boneless and the major cartilages of the sternum and the ribs must be closelyand smoothly removed without deep scoring. Any enlarged soft, porous, or seedy mammary tissue and the pizzle recess ofbarrow bellies must be removed.5.The true name for pork chops shall consist of one of the following primal sources: shoulder or blade, rib, loin,center, or loin end or sirloin.“Veal cutlet” means a single slice of veal derived from the leg and contains top, bottom, eye and sirloin tip and crosssection of the leg bone. If the word “cutlet” is used in labeling or advertising a single slice of meat derived other than fromthe leg of veal, the species of animal and primal source from which such meat is derived shall precede the word “cutlet” in atleast the same size and style lettering and on the same background as the word “cutlet”, for example:VEAL SHOULDER CUTLET13:45A-3.2Labeling and advertising requirements(a) Except as otherwise exempted in this rule, no person shall produce, prepare, package, advertise, sell or offer for saleat retail any meat unless it is clearly and conspicuously labeled or advertised, as the case may be, as to its true name.(b) This Section shall not require the labeling of meat cut to the order of the retail customer.13:45A-3.3Exemption for certain meatsThe provisions of N.J.A.C. 13:45A-3.2(a) shall not apply to bacon, filet mignon, ground beef, ground veal, groundlamb, ground pork, hamburger, porterhouse steak, sirloin steak, stew beef, T-bone steak, beef tenderloin, pork tenderloin orveal cutlet provided, in the case of any one of these meats, it is clearly and conspicuously labeled or advertised as to its nameset forth in this Section.
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6 13:45A-3.4Exemptions for meat inspected under United States Department of Agriculture(a) The provisions of this rule shall not apply to meat which is produced, prepared or packaged for sale at retail withinthe State of New Jersey under meat inspection of the United States Department of Agriculture until after such meatleaves the premises of a United States Department of Agriculture official establishment for distribution.(b) The provisions of this rule shall not apply to meat which is produced, prepared or packaged under meat inspection ofthe United States Department of Agriculture for sale at retail outside the States Department of Agriculture for sale atretail outside the State of New Jersey.13:45A-3.5Name in addition to the species and primal cut(a) A name in addition to the species and primal cut of a meat as set forth in Section 1 of this Subchapter may be used inlabeling such meat provided that the requirements of this rule are complied with and that any such additional nameor labeling appears contiguous to the species and primal cut name in letters of the same size and style, for example:SANDWICH STEAKBEEF TOP ROUND(b) Such name shall not be false, misleading, deceptive or confusing in any way.13:45A-3.6Advertising when additional name used(a) If a name in addition to the species and primal cut as set forth in Section 5 (Name in addition to the species andprimal cut) of this Subchapter is used in advertising meat, the species and primal cut of the meat shall be prominentlydisplayed contiguous to the additional name and be shown in the same style lettering and on the same background asthe addition name and meet the following requirements as to size:1.If the additional name is one inch or more in height, the species and primal cut shall be at least 1/4 the size of theadditional name in height.2.If the additional name is less than one inch in height, the species and primal cut shall be at least 1/3 the size ofthe additional name in height.13:45A-3.7Use of United States Department of Agriculture grading termsUnited States Department of Agriculture grading terms, for example, “prime”, “choice” and the like, shall not be usedin labeling or advertising meat unless the carcass or part thereof from which such meat is derived has been so marked by theUnited States Department of Agriculture.13:45A-3.8Use of United States Department of Agriculture grading terms for porkUnited States Department of Agriculture grading terms, for example, “prime”, “choice” and so forth shall not be usedin labeling or advertising pork.13:45A-3.9Labeling or advertising when certain United States Department of Agriculture grading terms usedIf meat is advertised, sold or offered for sale at retail and the carcass or part thereof from which such meat is derived hasbeen marked with a United States Department of Agriculture grade other than “prime” or “choice”, the trading term orrecognized abbreviation thereof of such meat shall appear contiguous to the true name of such meat and be at least as equalin size toand as prominent as the true name, for example:BEEF ROUNDUNITED STATES COMMERCIAL13:45A-3.10 Labeling of certain meat food products(a) Any meat food product in the form of chopped and shaped steaks, patties, loaves, loaf mixes, and so forth which isuncooked and contains fat, extenders and/or added water, flavorings, batter, breading, and so forth shall display alabel clearly and conspicuously exhibiting the product name, qualifying statement, if appropriate, and ingredientstatement.
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7 (b) The ingredients in such meat food product shall be listed by their common usual names in the descending order ofthe amount of each ingredient used in formulating the product together with the percentage of each such ingredientcontained therein, for example:“BEEF PATTY, Beef fat and cereal added”Ingredients: Beef 77%, Beef Fat added 8%,Cereal 7%, Added water 6%, Flavoring 1%,Monosodium Glutamate 1%, total fat not in excess of 30%or“BREADED VEAL STEAK, Beef fat added,chopped and shaped”Veal 61%, Breading and Batter not inexcess of 30% (Flour, Water, Salt,Nonfat Dry Milk, Baking Powder, DryEggs, Monosodium Glutamate, Dextrose,Flavorings,) Beef fat added 8%,Monosodium Glutamate 1%. Total fat notin excess of 30%.(c) Any meat food product to which this Section is applicable shall not contain more than 30 per cent fat and the label forsuch product shall so indicate.(d) The amount of batter and breading used as a coating for breaded product shall not exceed 30 per cent of the weightof the finished breaded product and the label for such product shall so indicate.13:45A-3.11Fabricated steakFabricated beef steaks, veal steaks, beef and veal steaks, or veal and beef steaks, and similar products, such as thoselabeled “Beef Steak, Chopped, Shaped, Frozen,” “Veal Steaks, BeefAdded,” Chopped--Molded--Cubed--Frozen, HydrolizedPlant Protein and Flavoring shall be prepared by comminuting and forming the product from fresh and/or frozen meat; withor without added fat, of the species indicated on the label. Such products shall not contain more than 30 per cent fat and shallnot contain added water, binders or extenders.13:45A-3.12 Supply of meat advertisedNo person shall advertise meat for sale at retail unless such person shall have available at all outlets listed in theadvertisement a sufficient quantity of the advertised meat to meet reasonably anticipated demands, unless the advertisementclearly and adequately discloses that supply is limited and/or the product is available only at designated outlets.13:45A-3.13 Frozen meatAll meat other than that which is used in hamburger, ground beef, ground pork, ground veal or ground lamb which hasbeen frozen at any time prior to such meat being offered or exposed for sale at retail shall be clearly and conspicuouslylabeled or advertised as “Frozen” or “Frozen and thawed”, whichever is appropriate, and such term shall be contiguous toand in the same size and style lettering and on the same background as the product name.13:45A-3.14 ViolationsWithout limiting any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A. 56:8-1et seq., anyviolation of the provisions of this rule shall be subject to the sanctions contained in said Consumer Fraud Act.13:45A-3.15 Meat charts(a) The meat charts referred to in this rule are as follows:
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12 SUBCHAPTER 4.BANNED HAZARDOUS PRODUCTS13:45A-4.1Unconscionable commercial practiceIt shall be an unconscionable commercial practice for any person, including any business entity, to manufacture, distrib-ute, sell or offer for sale any consumer product contrary to any order of the Consumer Product Safety Commission, pursuantto 15 U.S.C. §2051 et seq.13:45A-4.2Consumer product defined(a) For purposes of this rule, the term “consumer product” means any article or component part thereof, produced ordistributed:1.For sale to a consumer for use in or around a permanent or temporary household or residence, a school, inrecreation or otherwise; or2.For the personal use, consumption or enjoyment of a permanent or temporary household or residence, a school,in recreation or otherwise.13:45A-4.3ViolationsWithout limiting the prosecution of any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A.56:8-1 et seq. any violation of the provisions of this rule shall be subject to the sanctions contained in said Consumer FraudAct.SUBCHAPTER 5.DELIVERY OF HOUSEHOLD FURNITURE AND FURNISHINGS13:45A-5.1Deceptive practices; generally(a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used formerchandise ordered for future delivery shall:1.Deliver all of the ordered merchandise by or on the promised delivery date; or2.Provide written notice to the consumer of the impossibility of meeting the promised delivery date. The noticeshall offer the consumer the option to cancel said order with a prompt, full refund of any payments alreadymade or to accept delivery at a specified later time. Said written notice shall be mailed on or prior to thedelivery date.(b) In the event a seller fails to deliver all of the ordered merchandise on the promised delivery date and makes only apartial delivery, the seller shall comply with the notice requirement of (a) above. Said notice shall offer the con-sumer the option of cancelling the order with a prompt, full refund of any payments already made or acceptingdelivery of the balance of the ordered merchandise at a specified later date.(c) Failure to comply with (a) above shall constitute a deceptive practice under the Consumer Fraud Act.(d) For purposes of this rule, “household furniture” includes, but is not limited to, furniture, major electrical appliances,and such items as carpets and draperies.(e) For the purposes of this section, delivery of furniture or furnishings that are damaged or that are not the exact size,style, color or condition indicated on the sales contract, shall not constitute delivery as required by (a)1 above.1.Upon receipt of such non-conforming merchandise, the consumer shall have the option of either accepting thefurniture or of exercising any of the options set forth in (a)2 above.13:45A-5.2Contract forms; date of order(a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence inten-point bold face type:The merchandise you have ordered is promised for delivery to you on or before (insert date or length of timeagreed upon).(b) The blank delivery date shall be filled in by the seller either as a specific day of a specific month or as a length of timeagreed upon by the buyer and seller (for example, “six weeks from date of order”).
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13 13:45A-5.3Contract form; delayed delivery(a) The contract forms or sales documents shall conspicuously disclose the seller’s obligations in the case of delayeddelivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on the first page of the contract form or salesdocument, the following notice in ten-point bold face type:If the merchandise ordered by you is not delivered by the promised delivery date, (insert name of seller) mustoffer you the choice of (1) canceling your order with a prompt, full refund of any payments you have made, or(2) accepting delivery at a specific later date.(b) The provisions of this subchapter shall apply to any person who sells household furniture in or from the State of NewJersey or to any person located outside of the State of New Jersey who sells household furniture into this State.(c) It shall be unlawful for any person to use any contract or sales agreement that contains any terms, such as “all salesfinal” or “no cancellations”, which violate or are contrary to the rights and responsibilities provided for by this rule.Any contract or sales agreement which contains such a provision shall be null and void and unenforceable.13:45A-5.4Violations; sanctionsWithout limiting the prosecution of any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A.56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions contained in said ConsumerFraud Act.SUBCHAPTER 6. THROUGHSUBCHAPTER 8.(RESERVED)SUBCHAPTER 9.GENERAL ADVERTISING13:45A-9.1DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly indicates otherwise.“Advertisement” means any attempt by an advertiser, other than by use of a price tag, catalog or any offering for the saleof a motor vehicle subject to the requirements of N.J.A.C. 13:45A-26A, to directly or indirectly induce the purchase or rentalof merchandise at retail, appearing in any newspaper, magazine, periodical, circular, in-store or out-of-store sign or otherwritten matter placed before the consuming public, or in any radio broadcast, television broadcast, electronic medium ordelivered to or through any computer.“Advertiser” means any person as defined by N.J.S.A. 56:8-1(d) who in the ordinary course of business is engaged in thesale or rental of merchandise at retail and who placed, either directly or through an advertising agency, an advertisementbefore the public.“Catalog” means a multi-page solicitation in which a seller offers goods for sale or rental for a seasonal or specifiedperiod of time, from which consumers can order goods directly without going to the seller’s place of business. An advertis-ing circular, distributed through inclusion in a newspaper, representing a seller’s partial offering of goods for sale or rentalfor a period of time not to exceed two weeks, shall not be considered a catalog.“Closeout sale” means a sale in which an advertiser offers for sale at a reduced price items of merchandise remaining atone or more specified locations which the advertiser will not have available for sale within a reasonable period of time afterall such items have been sold.“Division” means the Division of Consumer Affairs.“Factoryoutlet” meansanestablishment ownedby a manufacturerthat isusedprimarilytooffer, at retail, the manufacturer’sproducts directly to the consumer for his or her own use and not for resale.“Fictitious former price” means an artificially inflated price for an item or items of merchandise established for thepurpose of enabling the advertiser to subsequently offer the item or items at a large reduction.“Former price or price range” in a price reduction advertisement means an advertised price or price range for an item ofmerchandise that has been offered or sold by the advertiser in his or her trade area or competitors in their trade area.“Home appliance” means any electrical, mechanical or thermal article produced or distributed for sale to a consumer foruse in or around a permanent or temporary household or residence including, but not limited to, air conditioners, cameras,
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14 computers, dehumidifiers, dishwashers, dryers, electric blankets, electronic games, fans, freezers, motorized kitchen aids,ovens, radios, ranges, refrigerators, stereo equipment, televisions and washers.“Merchandise” means any objects, wares, goods, commodities, services or anything offered directly or indirectly to thepublic for sale or rental at retail.“Multi-tiered pricing” means a form of offer where the price of merchandise or the extent of a discount is contingentupon the consumer’s merchandise selections, such as the number of units purchased, the purchase of other merchandisepursuant to the terms of the advertiser’s offer, or the total dollar amount of the consumer’s order, for example, “Buy two cansof soda, get a third can at half price.”“Percentage-off discount” means an offer to sell merchandise expressed in terms of a percentage reduction or range ofpercentage reductions in price, such as “10% off” or “25% to 50% off.”“Point of display” means a location within a retail establishment where an item of merchandise is displayed for thepurpose of selection by the consumer with the intention of purchase.“Point of sale” means any location in a retail establishment where purchases of merchandise are totaled by a scanner andpayment is made by a consumer.“Point of sale discount” means a price reduction which, although it is advertised or posted at the point of display, isautomatically applied to reduce the retail price of the merchandise at the time it is scanned for consumer purchase, or a pricereduction manually entered through a cash reduction or similar device, then scanned for consumer purchase.“Price advertisement” means any advertisement in which a specific dollar price is stated with regard to specific adver-tised merchandise.“Price reduction advertisement” means an advertisement which in any way states or suggests directly or indirectly thatmerchandise is being offered or made available for sale at a price less than that at which it has been routinely sold or offeredfor sale in the past or at which it will be sold or offered for sale in the future. The following words and terms or theirsubstantial equivalent, when used in any advertisement except when used exclusively as part of the advertiser’s corporate,partnership or trade name, shall be deemed to indicate a price reduction advertisement: sale, discount, special savings, pricecut, bargain, reduced, prices slashed, clearance, regularly, usually, cut rate, originally, formerly, warehouse or factory clear-ance, buy one get one free, at cost, below cost, wholesale.“Rain check” means a written statement issued by an advertiser allowing the purchase of designated merchandise at apreviously advertised price.“Scanner” means an electronic system that employs a laser bar code reader to retrieve product identity, price and otherinformation stored in computer memory.“Targeted discount” means a price reduction on merchandise which reduction is restricted to customers designated bythe advertiser, such as those who possess a card or other device bearing a scanner-readable code issued by the advertiser, aparticular type of credit card, or some other device which, when read by the scanner, shall apply the discount at the time ofpurchase.“Trade area” means that geographical area in which an advertiser solicits or makes a substantial number of sales.13:45A-9.2General advertising practices(a) Without limiting the application of N.J.S.A. 56:8-1 et seq., the following practices shall be unlawful with respect toall advertisements:1.The failure of an advertiser to maintain and offer for immediate purchase advertised merchandise in a quantitysufficient to meet reasonably anticipated consumer demand therefor. When an advertisement states a specificperiod of time during which merchandise will be available for sale, a sufficient quantity of such merchandiseshall be made available to meet reasonably anticipated consumer demand during the stated period. When nostated period appears in the advertisement, a sufficient quantity of merchandise shall be made available to meetreasonably anticipated consumer demand during three consecutive business days commencing with the effec-tive date of the advertisement. The requirement of this subsection shall not be applicable to merchandise whichis advertised:i.On an in-store sign only with no corresponding out-of-store sign;
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15 ii.As being available in a specific quantity; oriii. As being available in a “limited supply,” pursuant to a “closeout sale” or pursuant to a “clearance sale” ifsuch offering meets the definition of a closeout sale; or if represented to be permanently reduced.2.The failure of an advertiser to specifically designate within an advertisement which merchandise items possessspecial or limiting factors relating to price, quality, condition or availability. By way of illustration, and not bylimitation, the following shall be deemed violative of this subparagraph:i.The failure to specifically designate which merchandise items are below cost, if any amount less than alladvertised items are below cost, when a statement of below cost sales is set forth in an advertisement;ii.The failure to specifically designate which merchandise items, if any, are damaged or in any way less thanfirst quality condition;iii. The failure to specifically designate merchandise as floor models, discontinued models or one of a kind,when applicable;iv. The failure to clearly designate or describe the retail outlets at which advertised merchandise will or will notbe available. Such information need not be disclosed on any in-store advertisement.3.The failure to conspicuously post notice of advertised merchandise, on the business premises to which theadvertisement applies, in proximity to the advertised merchandise or at all entrances to the business premises.Such notice may consist of a copy of the advertisement or may take the form of a tag attached to the merchan-dise or any sign with such terms as “sale,” “as advertised,” “20% off.”4.In any price advertisement in which a home appliance is offered for sale, the failure of an advertiser to disclosethe following information relating to the advertised merchandise: the manufacturer’s name or the merchandisetrade name, the model or series number and such other information as may be necessary to clearly delineate theadvertised item from other similar merchandise produced by the same manufacturer.5.The use of any type, size, location, lighting, illustration, graphic depiction or color resulting in the obscuring ofany material fact.6.The use of the terms “Public Notice,” “Public Sale” or words or terms of similar meaning in any advertisementoffering merchandise for sale, where such sale is not required by court order or by operation of law, other thana sale conducted by an auctioneer on behalf of a non-business entity.7.Describing the advertiser through the use of the terms “warehouse,” “factory outlet,” “discount,” “bargain,”“clearance,” “liquidators,” “unclaimed freight,” or other words or terms of similar meaning, whether in theadvertiser’s corporate, partnership or trade name or otherwise, where such terms do not reflect a bona fidedescription of the advertiser being described.8.Whenever an advertiser provides a raincheck for an advertised item which is not available for immediatepurchase, the failure to:i.Honor or satisfy such raincheck within 60 days of issuance unless an extension of such time period is agreedto by the holder thereof; andii.Give written or telephonic notice to the holder thereof when the merchandise is available and hold suchmerchandise for a reasonable time after giving such notice, for all merchandise with an advertised pricegreater than $15 per unit; andiii. Offer a raincheck to all customers who are unable, due to the unavailability thereof, to purchase the adver-tised merchandise during the period of time during which the merchandise has been advertised as availablefor sale.9.The making of false or misleading representations of facts concerning the reasons for, existence or amounts ofprice reductions, the nature of an offering or the quantity of advertised merchandise available for sale.10. The failure of an advertiser to substantiate through documents, records or other written proof any claim maderegarding the safety, performance, availability, efficiency, quality or price of the advertised merchandise, na-ture of the offering or quantity of advertised merchandise available for sale. Such records shall be madeavailable upon request for inspection by the Division or its designee at the advertiser’s regular place of business
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16 or central office in New Jersey, or, at the advertiser’s option, the Division’s designated offices, for a period of 90days following the effective date of the advertisement.11. The use, directly or indirectly, of a comparison to a suggested retail price, inventory price, invoice price orsimilar terms that directly or indirectly compare or suggest the comparison between the cost of supply and theprice at retail for the advertised merchandise.12. Use of the term “cost,” “wholesale” or other similar terms to describe an advertised price where such price isnot equal to or less than the price per unit paid by the advertiser to the manufacturer or distributor of themerchandise. In the computation of the price per unit of the advertised merchandise, freight may be included ifthe advertiser pays for same and is not reimbursed therefore, but handling and all overhead or operating ex-penses shall be excluded.13. (Reserved)13:45A-9.3Price reduction advertisements; merchandise advertised at a price of less than $100.00(a) An advertiser offering a price reduction on merchandise at a price of less than $100.00 shall, in addition to comply-ing with the provisions of N.J.A.C. 13:45A-9.2:1.State with specificity in any price reduction advertisement the period of time during which the price reductionshall be applicable, unless that merchandise is advertised in the manner set forth in N.J.A.C. 13:45A-9.2(a)1ithrough iii;2.Ensure that the amount of the price reduction is sufficiently large that the consumer, if he or she knew what theformer price was, would believe that a genuine bargain or saving was being offered; and3.Comply with the provisions of N.J.A.C. 13:45A-9.4 if the advertisement makes reference to a former price orprice range; however, this requirement shall not apply to merchandise discount offers made in accordance withN.J.A.C. 13:45A-9.8.13:45A-9.4Price reduction advertisements; items of merchandise specifically advertised at a price of morethan $100.00(a) An advertiser offering an item of merchandise specifically advertised for sale at a price of $100.00 or more shall, inaddition to complying with the provisions of N.J.A.C. 13:45A-9.2:1.State the selling price or price range;2.State the former price or price range or the amount of the reduction in dollars;3.State with specificity in any price reduction advertisement the period of time during which the price reductionshall be applicable, unless the merchandise is advertised in the manner set forth in N.J.A.C. 13:45A-9.2(a)1ithrough iii;4.Set forth the former price or price range or the amount of reduction in dollars in close proximity to the sellingprice or price range and the advertised item;5.Set forth the basis upon which the former price or price range or the amount of reduction in dollars was estab-lished in close proximity to the former price or price range of the advertised item. In this regard, terms such as“comparable value,” “competitor’s price,” “our regular price,” or, words of similar import shall be used todesignate the basis for the former price; and6.Set forth with specificity when in the remote past a former price of an item of merchandise was effective if itwas not actively or openly offered for sale within the advertiser’s trade area in the regular course of businessduring at least 28 of the 90 days before the effective date of the advertisement. In this regard, when advertisinga seasonal sale, such as Christmas dishes, pool supplies, outdoor furniture, etc., actual dates, specific holidaysor terms such as “last season,” may be used to describe when the former price was used in the remote past.(b) A former price or a selling price may be stated in terms of a price range when, and only when:1.An advertiser operates more than one retail outlet at which advertised merchandise has been or will be availablefor purchase at different prices in the ordinary course of business. In such case, the price range shall be basedupon the sales or offers of sale at the advertiser’s retail outlets; or
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17 2.An advertiser advertises two or more items of comparable merchandise as available at reduced prices, in whichcase the price range shall be based upon former or usual selling prices of the advertised products.i.The following examples would comply with this paragraph: “Regular price $110 to $125--On sale for$100"; “Brand X 19” color TV--Regularly $250 to $300. Now $150 to $200.”13:45A-9.5Price reduction advertisements; merchandise advertised as a savings of a percentage or a rangeof percentages(a) An advertiser offering merchandise for sale at a savings of a percentage or a range of percentages (such as “save 20%or 20% to 50% off”) shall, in addition to complying with the provisions of N.J.A.C. 13:45A-9.2:1.State the minimum percentage reduction as conspicuously (such as the same size print) as the maximum per-centage reduction when applicable; and2.Set forth the basis upon which the former price was established pursuant to N.J.A.C. 13:45A-9.6(b), in closeproximity to the percentage reduction. In this regard, terms such as “competitor’s price” or “our regular price”or words of similar import shall be used to designate the basis for the former price.(b) Percentage-off discounts made in accordance with N.J.A.C. 13:45A-9.8 shall be exempt from the requirements of(a) above.13:45A-9.6Pricing; prohibition on fictitious pricing and methods of substantiation(a) An advertiser shall not use a fictitious former price. Use of a fictitious former price will be deemed to be a violationof the Consumer Fraud Act.(b) A former price or price range or the amount of reduction shall be deemed fictitious if it can not be substantiated,based upon proof:1.Of a substantial number of sales of the advertised merchandise, or comparable merchandise of like grade orquality made within the advertiser’s trade area in the regular course of business at any time within the mostrecent 60 days during which the advertised merchandise was available for sale prior to, or which were in factmade in the first 60 days during which the advertised merchandise was available for sale following the effectivedate of the advertisement;2.That the advertised merchandise, or comparable merchandise of like grade or quality, was actively and openlyoffered for sale at that price within the advertiser’s trade area in the regular course of business during at least 28days of the most recent 90 days before or after the effective date of the advertisement; or3.That the price does not exceed the supplier’s cost plus the usual and customary mark-up used by the advertisingmerchant in the actual sale of the advertised merchandise or comparable merchandise of like grade or qualityin the recent regular course of business.(c) If the former price specifically references a time in the remote past during which it was offered, it shall be deemedfictitious unless substantiated pursuant to either (b)1 or 3 above.(d) The following examples of fictitious pricing are provided for illustration only and are not intended to limit the typesof advertising the Division shall consider to be fictitious:1.John Doe is a retailer of Brand X fountain pens which cost him $5.00 each. His usual markup is 50 percent overcost. That is, his regular retail price is $7.50. In order subsequently to offer an unusual “bargain,” Doetemporarily raises the price of Brand X pens to $10.00 each. In so doing, Doe realizes that he will only be ableto sell a few pens, if any, at this inflated price. But he does not care, because he intends to maintain that pricefor only a few days. Then he “cuts” the artificially inflated price of $10.00 to the usual price--$7.50 at whichtime he advertises: “Terrific Bargain: X Pens, Were $10, Now Only $7.50.” This is obviously a false claim.The advertised “bargain” is not genuine.2.Retailer Doe advertises Brand X pens as having a “Retail Price $15.00, My Price $7.50,” when, in fact, only afew small suburban boutique-type stores in the area charge $15.00. All of the larger outlets, like retailer Doe’s,located in and around the main shopping areas charge approximately $7.50. This advertisement would bedeceptive because the price charged by the small suburban boutique or specialty stores would have no real
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18 significance to Doe’scustomers, to whom the advertisement of “Retail Value $15.00” would suggest a prevail-ing, and not merely an isolated and unrepresentative price in the area in which they shop.3.Retailer Doe advertises Brand X pen as “Comparable Value $15.00” when only a small number of unrepresen-tative specialty stores in the trade area offer BrandY, an essentially similar pen, for that price. This is a relatedform of misleading advertising because the price of the comparable merchandise (that is, Brand Y), which iscited for comparison is not representative of the price for BrandY being charged by representative retail outletsin the advertiser’s trade area.13:45A-9.7Application of regulation(a) This subchapter shall apply to the following advertisements:1.Any advertisement uttered, issued, printed, disseminated or distributed within this State concerning goods andservices advertised as available at locations exclusively within this State; and2.Any advertisement, other than radio and television broadcasts, issued, printed, disseminated or distributed toany substantial extent within this State concerning goods and services advertised as available at locationswithin this State and outside this State; and3.Any advertisement, other than radio and television broadcasts, issued, printed, disseminated or distributedprimarily within this State concerning goods and services advertised as available at locations exclusively out-side this State; and4.Any radio and television broadcasts uttered, issued, disseminated or distributed primarily within this State andoutside this State, or at locations exclusively outside this State.(b) An advertiser, a manufacturer, an advertising agency and the owner or publisher of a newspaper, magazine, periodi-cal, circular, billboard or radio or television station acting on behalf of an advertising seller shall be deemed anadvertiser within the meaning of this subchapter, when such entity prepares or places an advertisement for publica-tion. No such entity shall be liable for a violation of this subchapter when the entity reasonably relies upon data,information or materials supplied by an advertising seller for whom the advertisement is prepared or placed or whenthe violation is caused by an act, error or omission beyond the entity’s control, including but not limited to, thepost-publication performance of the advertising seller. Notwithstanding that an advertisement has been prepared orplaced for publication by one of the aforementioned entities, the advertiser on whose behalf such advertisement wasplaced may be liable for any violation of this subchapter.(c) An advertiser has no liability under this subchapter for a failure to comply with any requirement thereof if theadvertiser shows by a preponderance of evidence that failure to comply resulted from actions of persons other thanthe advertiser which were not, or should not have been reasonably anticipated by the advertiser; or that such failurewas the result of a labor strike or a natural disaster such as, but not limited to, fires, floods and earthquakes.(d) If any provisions of this subchapter or the application thereof to any person or circumstances is held unconstitu-tional or beyond the statutory powers of the Attorney General, the remainder of this subchapter and the applicationof such provisions to other persons or circumstances shall not be affected13:45A-9.8Retail discounts in scanner stores; percentage-off discounts; point-of-sale discounts; multi-tieredpricing offers; targeted discounts(a) Retail establishments which use scanners that have the capability of providing percentage-off discounts, and wish tooffer percentage-off discounts at the point of sale shall set forth the regular price and the price after any discounts aretaken relating to the merchandise purchased by the consumer on the register receipt given to the consumer at thepoint of sale.(b) An advertiser who offers a percentage-off discount is not required to disclose the basis of the percentage reduction orthe regular price or price range in an advertisement pursuant to N.J.A.C. 13:45A-9.5 provided that:1.The retail price per unit of merchandise is less than $100.00; and2.The regular price and the price after any discounts are taken are set forth on the register receipt given to theconsumer at the point of sale.
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19 (c) An advertiser may discount merchandise at the point of sale without marking the merchandise with the discountedprice provided that the following information is posted conspicuously in the form of a notice at the point of display:1.A description of the merchandise or the range or category of merchandise and the price to which the discountshall apply;2.A notice that the discount will be taken at the time of purchase; and3.The specific amount or type of discount applicable, such as “$10.00 off” or “25% off posted price.”(d) Advertisements and point of display materials involving multi-tiered pricing offers made by advertisers shall containthe following:1.All retail prices or discounts comprising the offer and the types of purchases to which they apply, for example:i.“Treefree Paper Towels--Get first roll at 79¢, 2nd roll at 69¢ and each additional roll at 59¢”;ii.“Wonder Hot Dog Rolls--$1.09 only; 79¢ with purchase of Plochman’s Mustard”; and2.Any limitations applicable to the offer, such as the type, brand or size of the merchandise or restrictions on thenumber of units which may be purchased.(e) Advertisements containing targeted discounts shall conspicuously state that the offer is limited to a certain categoryof consumer and shall specifically identify those consumers. If the merchandise to be discounted is also beingadvertised at a reduced price for all consumers, the advertisement shall clearly distinguish between the types ofoffers made by the advertiser and identify those consumers who are entitled to each offer.1.Any targeted discounts or pricing information posted at the point of display shall clearly and conspicuouslystate that the offer is limited, and shall identify the customers who are entitled to take advantage of the offer.SUBCHAPTER 10.SERVICING AND REPAIRING OF HOME APPLIANCES13:45A-10.1DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly indicates otherwise:“Home appliance” means any electrical, mechanical or thermal article produced or distributed for sale to a consumer foruse in or around a permanent or temporary household or residence including, but not limited to, air conditioners, cameras,computers, dehumidifiers, dishwashers, dryers, electric blankets, electronic games, fans, freezers, motorized kitchen aids,ovens, radios, ranges, refrigerators, stereo equipment, television and washers.“Home appliance dealer” means any person, including any business entity who, in the ordinary course of business, isengaged in the advertising, sale or lease of home appliances.“Home appliance repairer” means any person, including any business entity who, in the ordinary course of business, isengaged in the service or repair of home appliances.13:45A-10.2 Required information(a) Whenever a consumer purchases a home appliance, the home appliance dealer shall supply the consumer with awritten copy of any information concerning:1.Manufacturer’s warranties, if any are still applicable;2.Dealer’s warranties, if any;3.Dealer’s service contract, if such is agreed upon, which shall include a clear statement of:i.Any basic “diagnostic” charges or any additional set fee;ii.The methods used to determine any additional charge including the charge for labor and parts;iii. The legal name and business address of the seller, including the legal name and business address of the salesrepresentative or agent who solicited or negotiated the contract for the seller; and4.Whether the item being purchased is reconditioned or refurbished.
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20 (b) Whenever a consumer requests service on a home appliance from a home appliance repairer, the home appliancerepairer shall disclose before the consumer becomes committed to any expense:1.Any diagnostic charges or other set fees; and2.The methods used to determine the total charge including the charges for labor and parts.(c) If the home appliance repairer is also the dealer from whom the appliance was purchased and there was a servicecontract covering the requested services, the provisions of (b) above shall not apply.13:45A-10.3 Deceptive practices(a) Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act,N.J.S.A. 56:8-1 et seq., the following acts or omissions shall be deceptive practices in the conduct of the business ofrepairing and servicing home appliances:1. Commencing work other than diagnostic work or work included in a diagnostic fee without having obtainedthe consumer’s signature or the signature of the consumer’s agent on a written itemized estimate of the laborand parts necessary, including specific notation of exchange price on parts where applicable. If such writtenconsent cannot be obtained, repair work may be commenced only if the consumer has been advised of theestimate and has consented thereto and the person advising the consumer has noted the conversation on theestimate 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 ordocument 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 andgroundless estimates of a character likely to influence, persuade or induce a consumer to authorize the repair orservice of a home appliance.4.Charging the consumer for work done or parts supplied in excess of the estimated price without the oral orwritten consent of the consumer, which shall be obtained after it is determined that the estimated price isinsufficient and before the work not estimated is done or the parts not estimated are supplied. If such consentis oral, the supplier of services shall make a notation on the documentation previously signed by the consumerof 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 theparts 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.13:45A-10.4 Exceptions(a) The provisions of N.J.A.C. 13:45A-10.2 and 10.3 above shall not apply to the repair and servicing of the followingif the repair or servicing required is such as to constitute an emergency which presents an imminent hazard or threatto 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.13:45A-10.5 ViolationsWithout foreclosing the prosecution of any other practices which may be unlawful under the Consumer Fraud Act,N.J.S.A. 56:8-1 et seq., any violations of the provisions of this rule shall be subject to the sanctions contained in saidConsumer Fraud Act.
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21 SUBCHAPTER 11.(RESERVED)SUBCHAPTER 12.SALE OF ANIMALS13:45A-12.1 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly 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 N.J.S.A. 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 orany person who sells or offers for sale more than five animals per year.“Pet shop” means the business of 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 orsuspected presence of a contagious or infectious disease.“Unfit for purchase” means any disease, deformity, injury, physical condition, illness or defect which is congenital orhereditary and severely affects the health of the animal, or which was manifest, capable of diagnosis or likely to have beencontracted on or before the sale and delivery of the animal to the consumer. The death of an animal within 14 days of itsdelivery to the consumer, except death by accident or as a result of injuries sustained during that period shall mean suchanimal was unfit for purchase.13:45A-12.2 General provisions(a) Without limiting the prosecution of any other practices which may be unlawful under N.J.S.A. 56:8-1 et seq., thefollowing 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 withoutproviding the consumer with a completed animal history and health certificate. The animal history and healthcertificate 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 ofNew Jersey, the name and address of such veterinarian, the findings made and the treatment, if any, taken orgiven to the animal;viii. A statement of all vaccinations and inoculations administered to the animal, including the identity andquantity of the vaccine or inoculum administered, the name and address of the person or licensed veterinar-ian administering the same, and the date of administering the vaccinations and inoculations; andix. A 10-point bold-face type warning in the following form:WARNINGThe animal which you have purchased (check one)hashas not been previously vaccinated or inoculated.Vaccination or inoculation neither guarantees good health nor assures absolute immunity against disease. Ex-
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22 amination by a veterinarian is essential at the earliest possible date to enable your veterinarian to insure thegood health of your pet.2.To fail to maintain a copy of the animal history and health certificate signed by the consumer for a period of oneyear following the date of sale and/or to fail to permit inspection thereof by an authorized representative of theDivision upon two days’ notice (exclusive of Saturday and Sunday).3.To include in the animal history and health certificate any false or misleading statement.4.To directly or indirectly refer, promote, suggest, recommend or advise that a consumer consult with, use, seekor obtain the services of a licensed veterinarian unless the consumer is provided with the names of not less thanthree licensed veterinarians of whom only one may be the veterinarian retained by the pet dealer for its pur-poses.5.To describe or promote the operation of the business as a “kennel” unless the business operation falls within thedefinition contained in N.J.A.C. 13:45A-12.1 or the operation of the business as a “kennel” has been authorizedby the issuance of a license pursuant to N.J.S.A. 4:19-15.8. In the absence of meeting such criteria, a pet dealershall be considered to be engaged in the operation of a “pet shop” and shall, where the name for the businessoperation includes the word “kennel,” indicate the following disclaimer in proximate location to the name forthe business operation in all promotional or advertising activities:“This business only engages in the operation of a pet shop.”6.To use or employ a name for the business operation which suggests or implies that such business operation isengaged in or is associated with any organization which registers or certifies the pedigree or lineage of animalsand/or to represent, expressly or by implication, approval by or affiliation with such organization, unless thefollowing disclaimer, as appropriate, appears in proximate location to the name for the business operation:“This business only engages in the operation of a pet shop.”“This business only engages in the operation of a kennel.”7.To state, promise or represent, directly or indirectly, that an animal is registered with an animal pedigree regis-try organization if such registration has not already been accomplished or that an animal is capable of being soregistered, followed by a failure either to effect such registration or provide the consumer with the documentsnecessary therefor 120 days following the date of sale of such animal, if the animal has not already beenreturned to the pet dealer. In the event that a pet dealer fails to effect registration or to provide the necessarydocuments within 120 days following the date of sale, the consumer shall, upon written notice to the pet dealer,be entitled to choose one of the following options:i.To return the animal and to receive a refund of the purchase price plus sales tax; orii.To retain the animal and to receive a partial refund of 75 percent of the purchase price plus sales tax.8.A pet dealer’s failure to comply with the consumer’s election pursuant to (a)7 above within 10 days of writtennotice thereof shall be deemed a separate deceptive practice for purposes of this section.9.To fail to display conspicuously on the business premises a sign not smaller than 22 inches by 18 inches whichclearly states to the public in letters no less than one inch high the following:KNOW YOUR RIGHTSThe sale of dogs and cats is subject to a regulation of the New Jersey Division of ConsumerAffairs. Read your animal history and health certificate, the Statement of New Jersey Law Gov-erning the Sale of Dogs and Cats and your Contract. In the event of a complaint you may contact:Division of Consumer Affairs, Post Office Box 45025, 124 Halsey Street, Newark, New Jersey07101. (973) 504-6200.(b) It shall be a deceptive practice within the meaning of this section for a pet dealer to secure or attempt to secure awaiver of any of the provisions contained in (a) above.
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23 13:45A-12.3 Required practices related to the health of animals and fitness for sale and purchase(a) Without limiting the prosecution of any other practices which may be unlawful under N.J.S.A. 56:8-1 et seq., it shallbe a deceptive practice for a pet dealer to sell animals within the State of New Jersey without complying with thefollowing minimum standards relating to the health of animals and fitness for sale and purchase:1.A pet dealer shall have each animal examined by a veterinarian licensed to practice in the State of New Jerseyprior to the sale of the animal. The name and address of the examining veterinarian, together with the findingsmade and treatment (if any) ordered as a result of the examination, shall be noted on each animal’s history andhealth certificate as required by N.J.A.C. 13:45A-12.2(a)1vii.2.A pet dealer shall label and identify each cage as to the:i.Sex and breed of animal;ii.Date and place of birth of each animal; andiii. Name and address of the attending licensed New Jersey veterinarian and the date of initial examination.3.A pet dealer shall be required to quarantine any animal diagnosed as suffering from a contagious or infectiousdisease, illness or condition until such time as a licensed New Jersey veterinarian determines that such animalis free from contagion or infection. All animals requiring quarantining shall be placed in a quarantine areaseparated from the general animal population.4.A pet dealer shall be permitted to inoculate and vaccinate animals prior to purchase only on the order of aveterinarian licensed to practice in the State of New Jersey. A pet dealer, however, shall be prohibited fromrepresenting, directly or indirectly, that he is qualified to engage in or is engaging in, directly or indirectly, thefollowing activities: diagnosing, prognosing, treating, administering, prescribing, operating on, manipulatingor applying any apparatus or appliance for disease, pain, deformity, defect, injury, wound or physical conditionof animals after purchase for the prevention of, or to test for, the presence of any disease in such animals. Theseprohibitions include but are not limited to the giving of inoculations or vaccinations after purchase, the diag-nosing, prescribing and dispensing of medication to animals and the prescribing of any diet or dietary supple-ment as treatment for any disease, pain, deformity, defect, injury, wound or physical condition.5.A pet dealer shall have any animal which has been examined more than 14 days prior to purchase reexaminedby a licensed New Jersey veterinarian for the purpose of disclosing its condition at the time of purchase. Suchexamination shall take place within 72 hours of delivery of the animal to the consumer unless the consumerwaives this right to reexamination in writing. The written waiver shall be in the following form and a copy shallbe given to the consumer prior to the signing of any contract or agreement to purchase the animal:KNOW YOUR RIGHTSTo ensure that healthy animals are sold in this State, New Jersey law requires that a dog or cat beexamined by a licensed New Jersey veterinarian prior to its sale by a pet dealer and within 72hours of the delivery of the dog or cat to a consumer who has purchased the animal where theinitial examination took place more than 14 days prior to the date of purchase. A pet dealer neednot have the animal reexamined if you, the consumer, decide that you do not want such a reexami-nation performed. If you do not want a reexamination performed, please indicate your decisionbelow.WAIVER OF REEXAMINATION RIGHTI understand that I have the right to have my animal reexamined within 72 hours of its delivery tome. I do not want to have such a reexamination performed._______________________________________________________________________Consumer’s NameConsumer’s Signature(Print)__________________________________Date
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24 _______________________________________________________________________Pet Dealer’s or Agent’s NamePet Dealer’s or Agent’s Signature(Indicate Title or Position)(Print)__________________________________Date6.If at any time within 14 days following the sale and delivery of an animal to a consumer, a licensed veterinariancertifies such animal to be unfit for purchase due to a non-congenital cause or condition or within six monthscertifies an animal to be unfit for purchase due to a congenital or hereditary cause or condition, a consumershall have the right to elect one of the following options:i.The right to return the animal and receive a refund of the purchase price, including sales tax, plus reimburse-ment of the veterinary fees incurred prior to the consumer’s receipt of the veterinary certification. The petdealer’s liability for veterinary fees under this option shall not exceed a dollar amount equal to the purchaseprice, including sales tax, of the animal;ii.The right to retain the animal and to receive reimbursement for veterinaryfees incurredprior tothe consumer’sreceipt of the veterinary certification, plus the future cost of veterinary fees to be incurred in curing orattempting to cure the animal. The pet dealer’s liability under this option shall not exceed a dollar amountequal to the purchase price, including sales tax, of the animal;iii. The right to return the animal and to receive in exchange an animal of the consumer’s choice, of equivalentvalue, plus reimbursement of veterinary fees incurred prior to the consumer’s receipt of the veterinary cer-tification. The pet dealer’s liability for veterinary fees under this option shall not exceed a dollar amountequal to the purchase price, including sales tax, of the animal;iv. In the event of the animal’s death within 14 days of its delivery to the consumer, except where death occursby accident or injury sustained during that period, the right to receive a full refund of the purchase price plussales tax for the animal, or in exchange an animal of the consumer’s choice of equivalent value, plus reim-bursement of veterinary fees incurred prior to the death of the animal. The pet dealer’s liability for veteri-nary fees under this option shall not exceed a dollar amount equal to the purchase price, including sales tax,of the animal.7.The pet dealer shall accept receipt of a veterinary certification of unfitness which has been delivered by theconsumer within five days following the consumer’s receipt thereof, such certification to contain the followinginformation:i.The name of the owner;ii.The date or dates of examination;iii. The breed, color, sex and age of the animal;iv. A statement of the veterinarian’s findings;v.A statement that the veterinarian certifies the animal to be “unfit for purchase”;vi. An itemized statement of veterinary fees incurred as of the date of the certification;vii. Where the animal is curable, the estimated fee to cure the animal;viii. Where the animal has died, a statement setting forth the probable cause of death; andix. The name and address of the certifying veterinarian and the date of the certification.8.When a consumer presents a veterinary certification of unfitness to the pet dealer, the pet dealer shall confirmthe consumer’s election in writing. The election shall be in the following form and a copy shall be given to theconsumer upon signing:UNFITNESS OF ANIMAL--ELECTION OF OPTION
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25 I understand that, upon delivery of my veterinarian’s certification of unfitness, I have the right to elect one of thefollowing options. I am aware of those options and I understand each of them. I have chosen the followingoption:1. Return of my animal and receipt of a refund of the purchase price, including sales tax for the animal, plus reim-bursement of the veterinary fees incurred prior to the date I received my veterinarian’s certification of unfitness.The reimbursement for veterinarian’s fees shall not exceed a dollar amount equal to the purchase price includingsales tax of my animal.2. Retention of my animal and reimbursement for the veterinary fees incurred prior to the date I received myveterinarian’s certification of unfitness, plus the future cost to be incurred in curing or attempting to cure myanimal. The total reimbursement for veterinarian’s fees shall not exceed a dollar amount equal to the purchaseprice including sales tax for my animal.3. Return of my animal and receipt of an animal of my choice of equivalent value in exchange plus reimbursement ofveterinary fees incurred prior to the date I received my veterinarian’s certification of unfitness. The reimburse-ment for veterinarian’s fees shall not exceed a dollar amount equal to the purchase price including sales tax of myanimal.4. DEATH OF ANIMAL ONLY. (check one)Receipt of a full refund of the purchase price, including sales taxfor the animal, or in exchange an animal of my choice of equivalent value plus reimbursement of the veterinaryfees incurred prior to the death of the animal. The reimbursement for veterinarian’s fees shall not exceed a dollaramount equal to the purchase price including sales tax of my animal._______________________________________________________________________Consumer’s NameConsumer’s Signature(Print)__________________________________Date_______________________________________________________________________Pet Dealer’s or Agent’s NamePet Dealer’s or Agent’s Signature(Indicate Title or Position)(Print)__________________________________Date9.A pet dealer shall comply with the consumer’s election as required by (a)7i through iv above not later than 10days following receipt of a veterinary certification. In the event that a pet dealer wishes to contest a consumer’selection, he shall notify the consumer and the Director of the Division of Consumer Affairs in writing withinfive days following the receipt of the veterinarian’s certification, and he may require the consumer to producethe animal for examination by a veterinarian of the dealer’s choice at a mutually convenient time and place.The Director shall, upon receipt of such notice, provide a hearing pursuant to theAdministrative ProcedureAct,N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, to determine whythe option elected by the consumer should not be allowed.10. A pet dealer shall give the following written notice to a consumer prior to the delivery of the animal. Suchnotice, signed by both the pet dealer and the consumer, shall be embodied in a separate document and shall statethe following in 10 point boldface type:KNOW YOUR RIGHTS--A STATEMENT OF NEW JERSEY LAW GOVERNING THE SALE OF DOGSAND CATS
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26 The sale of dogs and cats is subject to a regulation of the New Jersey Division of ConsumerAffairs. In the eventthat a licensed veterinarian certifies your animal to be unfit for purchase within 14 days following receipt ofyour animal or within six months in the case of a congenital or hereditary cause or condition, you may:i.Return your animal and receive a refund of the purchase price including sales tax; orii.Keep your animal and attempt to cure it; oriii. Return your animal and receive an animal of your choice of equivalent value.Veterinary fees limited to the purchase price of the animal, including sales tax, which were related to thecondition rendering the animal unfit for sale, must be paid by the dealer in the event that you choose to keep theanimal. If you choose to return the animal, veterinary fees incurred prior to receipt of the veterinary certifica-tion, limited to the purchase price of the animal, including sales tax, which were related to the condition render-ing the animal unfit for sale, must be paid by the dealer.Further, in the event of your animal’s death within this 14-day period, except when death occurs by accident oras a result of injuries sustained after delivery, you may choose to receive either a full refund of the purchaseprice, plus sales tax, or an animal of equivalent value. In addition, veterinary fees, limited to the purchase price,including sales tax must be paid by the pet dealer.In order to exercise these rights, you must present to the pet dealer a written veterinary certification that theanimal is unfit for purchase and an itemized bill of all veterinary fees incurred prior to your receipt of thecertification. Both of these items must be presented no later than five days after you have received the certifi-cation of unfitness. In the event that the pet dealer wishes to contest the certification or the bill, he may requesta hearing at the Division of Consumer Affairs. If the pet dealer does not contest the matter, he must make therefund or reimbursement not later than ten days after receiving the veterinary certification. Although your dogor cat is required to be examined by a licensed veterinarian prior to sale, symptoms of certain conditions maynot appear until after sale. If your dog or cat appears ill, you should have it examined by a licensed veterinarianof your choice at the earliest possible time.If the pet dealer has promised to register your animal or to provide the necessary papers and fails to do so withinthe 120 days following the date of sale, you are entitled to return the animal and receive a full refund of thepurchase price plus sales tax or to keep the animal and receive a refund of 75 percent of the purchase price plussales tax. In the event you elect to keep the animal and the dealer provides the 75 percent refund, the dealer isno longer obligated to register the animal or to provide the necessary papers to do so.11. A pet dealer shall maintain copies of all notices required pursuant to (a)10 above, signed by both the pet dealerand the consumer, for at least one year from the date the notice was signed and shall ensure that such notices arereadily available for inspection, upon request, by an authorized representative of the Division of ConsumerAffairs.12. It shall be a deceptive practice within the meaning of this section for a pet dealer to secure or attempt to securea waiver of any of the provisions of this section except as specifically authorized under (a)5 above.SUBCHAPTER 13.POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF CONSUMERAFFAIRS13:45A-13.1 Statement of general purpose and intentThe within regulations are promulgated pursuant to authority conferred by L.1975 c.376 and are intended to operate asworking 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 fromtime to time be issued by the Attorney General through the Director of the Division of Consumer Affairs.13:45A-13.2 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly 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.
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27 “Person” means any natural person or his legal representative, partnership, corporation, company, trust, business entityor association, and any agent, employee, salesman, partner, officer, director, member, stockholder, associate, trustee or ces-tuis que trustent thereof.13:45A-13.3 General provisions(a) The powers hereinafter delegated shall be exercised consistent herewith in the name of a county or municipal direc-tor of consumer affairs. Such a director shall be established by resolution adopted by a county board of chosenfreeholders or by ordinance adopted by the governing body of a municipality. In the event that such ordinance orresolution has been adopted prior hereto, the same shall be deemed valid for the purpose of creating a county ormunicipal 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 amunicipal director of consumer affairs. In the event a county office and a municipal office work on a matter concur-rently, the Director shall supervise each in order to insure consistent policies and practices.13:45A-13.4 Qualifications of county or municipal director(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 byordinance adopted by the governing body of the municipality;2.Successfully complete such initial educational and training courses as may be established by the director andsuch 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 consumercomplaints 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 shallbe employed prior to the giving of such course, such employees or representatives may continue in such em-ployment 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.13:45A-13.5 Termination of authority to exercise delegated authority(a) The authority to exercise those powers hereinafter delegated to a county or municipal director of consumer affairsmay 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 del-egated;3.Failure to administer a county or local office of consumer protection in accordance with such directives as maybe issued by the director.13:45A-13.6 Delegated powers(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 oris about to engage in any act declared unlawful by the act as amended and supplemented or in any act orpractice which violates any regulation promulgated by the Attorney General to the act. Such investigationsmay be commenced either on the complaint of an individual consumer or where, after independent inquirymade by the county or municipal director, it appears that a violation of the act or any regulation adoptedpursuant 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 andcircumstances concerning the sale or advertisement of merchandise by such person and such other data andinformation as may be necessary to determine whether a violation of the act or a regulation adopted pursuantthereto has occurred or will occur.
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28 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 deemednecessary.5.Pursuant to an order of the superior court, impound any record, book, document, account, paper, or sample ofmerchandise that is produced in accordance with these regulations, and retain the same until the completion ofall 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 anyregulation adopted by the Attorney General thereto has occurred or will occur. A subpoena shall be issued inthe name of the county or municipal director in a form substantially identical to that annexed hereto as example1 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, thecounty or municipal director may apply to the superior court for an order granting such relief as authorizedby L.1960, c.39 section 6 (N.J.S.A. 56:8-6).7.Initiate such litigation in the courts in the name of the director seeking such relief as may be authorized by theact. In the event that litigation is to be commenced by a county or municipal director of consumer affairs, noticethereof shall be given to the director by serving a copy of the proposed complaint and any supporting docu-ments to be filed with the court not less than 15 days prior to the filing of such action. Where litigation is to becommenced by seeking a temporary restraining order on an emergent basis, the director shall be notified ofsuch action consistent with the rules of court governing such applications.13:45A-13.7 Limitations; litigationWhenever it shall appear to the director that any litigation or any other action authorized by the within regulation isimproperly brought or is contrary to the public interest, such action shall, on notice to the county or municipal director, beterminated, suspended or modified as may be directed.13:45A-13.8 Restrictions; powers(a) A county or municipal director of consumer affairs shall not:1.Promulgate substantive regulations governing the sale or advertisement of merchandise or defining unlawfulpractices; provided, however, nothing herein contained shall be deemed to prohibit the adoption of internaladministrative 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 inany unlawful practices, provided, however, nothing herein contained shall be deemed to prohibit the negotia-tion of any agreement by consent to remedy any individual consumer complaint or the cessation of any unlaw-ful consumer practice.3.Attempt to confer or grant immunity from any criminal prosecution as authorized by L.1960 c.39 section 7(N.J.S.A. 56:8-7).13:45A-13.9 (Reserved)SUBCHAPTER 14.UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS13:45A-14.1 General provisionsThese regulations implement the Unit Price Disclosure Act, P.L.1975, c.242 (N.J.S.A. 56:8-25) and provide for thedisclosure of information necessary to enable consumers to compare easily and effectively the retail prices of certain con-sumer commodities regardless of package size or quantity.13:45A-14.2 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings unless the contextclearly indicates otherwise.
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29 “Approved unit of measure” means the unit of weight, standard of measure or standard of count designated for eachregulated consumer commodity in N.J.A.C. 13:45A-14.4.“Consumer commodity” means any merchandise, wares, article, product, comestible or commodity of any kind of classproduced, distributed, or offered for retail sale for consumption by individuals other than at the retail establishment, or foruse by individuals for purposes of personal care or in the performance of services rendered within the household, and whichis 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 offer-ing for sale of consumer commodities at retail establishment whose combined total floor area, exclusive of office, receivingand storage areas, dedicated to the sale of consumer commodities exceeds 4,000 square feet or whose combined annual grossreceipts from the sale of consumer commodities in the preceding year exceeded $2 million, regardless of the square footageinvolved.“Regulated consumer commodity” means those consumer commodities listed in N.J.A.C. 13:45A-14.4.“Retail establishment” means any place of business where consumer commodities are exposed or offered for sale atretail.“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.13:45A-14.3 Persons and operations exempted from complying with Unit Price Disclosure Act(a) The following persons or entities shall be exempted from complying with this subchapter and the terms of the UnitPrice Disclosure Act:1.Any person owning and operating a single retail establishment with annual gross receipts from the sale ofconsumer 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 totalfloor space of 4,000 square feet or less regardless of the annual gross receipts in New Jersey from the sale ofconsumer commodities therein.3.Any person owning and operating a retail establishment or series of retail establishments, wherein the com-bined annual gross receipts from the sale of food products, nonprescription drugs, personal care products andhousehold service products is less than 30 percent of the total annual gross receipts of such retail establishmentwhen calculated on an individual store basis or an aggregate basis combining all retail establishments, provid-ing that the portion of that person’s retail establishment selling consumer commodities regulated herein haseither a total floor area of less than 4,000 square feet or annual gross receipts in New Jersey not exceeding $2million, or both.4.Notwithstanding the provisions of (a)1, 2 and 3 above, any retail establishment, whether or not part of a seriesof retail establishments, which devotes less than five percent of its total floor area, exclusive of office, receivingand storage areas to the sale of consumer commodities and which derives less than five percent of its total grossreceipt in New Jersey from the sale of consumer commodities.13:45A-14.4 Regulated consumer commodities and their approved units of measure(a) The following consumer commodities shall be considered regulated commodities. Wherever regulated commodi-ties are exposed or offered for sale at retail, unless otherwise exempt from this subchapter, the unit price informationrequired to be displayed shall be calculated on the basis hereinafter set forth. In each establishment, one approvedunit 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 fluidounces.
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30 3.Commodities not usually measured in dry or liquid units as stated in (a)1 and 2 above shall be sold in count, orsquare feet, whichever is appropriate and approved.4.The same unit of measure shall be used for all sizes of the same commodity.(b) The following consumer commodities shall be considered regulated consumer commodities with their approved unitof measure:CommodityApproved Unit of Measure1.Aluminum foils, wax and plastic wraps ................................................................................ 100 sq. ft.2.Baby food ........................................................................................... reconstituted ounce, pound,quart3.Baking mixes and supplies, pancake mixes ................................................................................. pound4.Bread and pastry products: prepackaged outside of seller’s premises ......................................... pound5.Bottle and canned beverages, carbonated and non-carbonated ...................................................... quart6.Butter and oleomargarine ............................................................................................................. pound7.Candy (excluding 5 ounces or less).............................................................................................. pound8.Canned poultry, fish and meat products ....................................................................................... pound9.Cocoa............................................................................................................................................ pound10. Coffee (instant and ground).......................................................................................................... pound11. Cereal ........................................................................................................................................... pound12. Cheese .......................................................................................................................................... pound13. Cold cuts; prepackaged meats and salads .................................................................................... pound14. Cookies and crackers ................................................................................................................... pound15. Condiments: ketchups, mustards, mayonnaise (including pickles, relishes, olives, etc.) .. quart, pound16. Deodorants, dry, spray, and roll-on ...................................................................................... pound, pint17. Detergents, soap, laundry products ............................................................ quart, pound, per wash load(dry bulk, liquid) .....................................................................................................................100 count18. Flour ............................................................................................................................................. pound19. Fruits and vegetables: jars, cans ................................................................................................... poundboxes (not fresh products) ............................................................................................................ pound20. Grains and beans .......................................................................................................................... pound21. Hair conditioners, creme rinses, shampoos (not dyes)......................................................... pound, pint22. Household cleaners, waxes, deodorizers ........................................................................... pound, quartstarches, bleaches ....................................................................................................................100 count23. Instant breakfast food ................................................................................................................... pound24. Jellies, jams, preserves ................................................................................................................. pound25. Juices and juice drinks, fresh, canned ............................................................................................ quart26. Molasses ............................................................................................................................. quart, pound27. Mouthwash ..................................................................................................................................... quart28. Non-alcoholic drink mixes ................................................................................................. quart, pound29. Oil (cooking) .................................................................................................................................. quart30. Peanut butter................................................................................................................................. pound
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31 31. Pet food and supplies (canned, dried, moist) limited to dog and cat food; kitty litter) ................ pound32. Plastic and paper bags .............................................................................................................100 count33. Salad dressings ................................................................................................................... quart, pound34. Salt................................................................................................................................................ pound35. Sanitary paper products including, but not limited to, napkins, facial tissues, paper towels,bathroom tissues ......................................................................................................................100 count36. Sauces (tomato, spaghetti, meat)........................................................................................ quart, pound37. Seasonings and spices, flavoring extracts, imitation flavorings ........................................... pint, pound38. Shaving cream .............................................................................................................................. pound39. Snack foods .................................................................................................................................. pound40. Soups (canned, dried) ................................................................................................................... pound41. Solid shortenings ......................................................................................................................... pound42. Spaghetti, macaroni, noodles and pasta ....................................................................................... pound43. Sugar............................................................................................................................................. pound44. Syrups ................................................................................................................................. quart, pound45. Tea ...............................................................................................................................100 count, pound46. Toothpaste ......................................................................................................................... ounce, pound13:45A-14.5 Exempt consumer commodities(a) The following consumer commodities shall be deemed exempt consumer commodities and may be exposed oroffered 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 Alco-holic 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 suchcommodity, provided that the retail price of the commodity is plainly marked on the commodity, or shelfmolding;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 veg-etables);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 weigh-ing five ounces or less;11. Spices, flavor extracts, imitation flavoring and boullion cubes sold in packages of five ounces or less in weightor fluid ounces;12. Ice cream, ice milk, frozen yogurt, frozen desserts;13. Frozen foods.
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32 (b) Any and all consumer commodities not specifically included in those regulated consumer commodities set forth inN.J.A.C. 13:45A-14.4 shall be deemed to be exempt from the provisions of L.1975, c.242, section 3 as thoughspecifically listed as an exempt consumer commodity under this section.13:45A-14.6 Calculation of the numerical unit price of a regulated consumer commodity(a) The unit price shall be calculated to the nearest cent for all regulated consumer commodities when the retail price perapproved 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 consumercommodities 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 result-ing 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. Anysuch calculation resulting in less than $0.05 cents or $0.005 cents per unit shall be rounded down to the next lowercent 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¢ per unit shall be marked 50.1¢ per unit;4.50.04¢ per unit shall be marked 50.0¢ per unit;(d) If the numerical unit price is $1.00 or more, the unit price shall appear on the unit price label, sign, list or tag,expressed as dollars per unit. If the numerical unit price is less than $1.00, the numerical unit price shall be ex-pressed as cents per unit.13:45A-14.7 Unit price labels approved for display(a) Whenever this subchapter requires that a unit price label be displayed in conjunction with the exposing or offeringfor sale at retail of a regulated consumer commodity, a sample format of the label shall be submitted to the directorfor 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 dividedvertically or horizontally into two portions. The amount of space devoted to the unit price and the retail priceportion shall be equal. The size and conspicuousness of the numerals used to disclose the retail price shall beequal to or greater than that for the unit price. Where the retail price exceeds the unit price, the type face for theunit 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 com-modity.3.The right side or lower portion shall be known as the retail price side and shall contain the following informa-tion: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 labelsshall be legibly printed.
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33 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 theunit price label.13:45A-14.8 Unit price signs and unit price lists(a) Whenever this subchapter permits a person to display a sign or list in conjunction with the exposing or offering forsale at retail of a regulated consumer commodity, a sample format of the sign or list shall be submitted to the directorfor 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 com-modity.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. Forsigns with numbers for the retail price larger than five inches, the unit price shall be no less than three inchesin 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 conspicu-ous fashion. Any stock or code information shall not obscure or deemphasize the consumer information.13:45A-14.9 Unit price tagsWhenever these regulations require a unit price tag to be attached directly to the consumer commodity, a sample formatof the tag shall be submitted to the director for approval prior to the display of the tag. In reviewing submitted price tags, thedirector shall apply those standards set forth in N.J.A.C. 13:45A-14.7 governing the format for unit price labels.13:45A-14.10 Means of disclosing unit price information(a) Whenever a regulated consumer commodity is exposed or offered for sale at retail, the unit price and retail priceshall 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 tagis impossible or impractical, a unit price sign or list may be used provided such sign or list is conspicuouslylocated 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 unitprice tag shall be attached to the commodity, or, alternatively, a unit price sign or list shall be conspicuouslyplaced at or near the point where the commodity is displayed. Nothing in this section should be construed toprohibit the use of hand-letter unit price signs on special displays so long as such signs contain the disclosuresrequired in (a)1 above.
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34 3.If a commodity is refrigerated, the unit price label shall be affixed to the case, to a shelf edge, or a unit pricelabel shall be attached to the commodity. In the event such attachments are not possible, then a unit price signor list may be used if the sign or list is displayed in proximity to the articles for sale. Where such proximatedisplay is impossible, a unit price list for such articles must be kept available and a sign posted at the site of thearticles for sale as to such availability.13:45A-14.11 Placement of unit price information on consumer commodities by nonretailersNothing in this subchapter shall prohibit a manufacturer, supplier or wholesaler from affixing to a consumer commoditythe unit price information required by these regulations.13:45A-14.12 Extension of time to comply with these regulationsOn timely written application made within 90 days after final adoption of this subchapter, the director may grant addi-tional time in which to comply with the regulations, providing good cause is shown for such an extension. In no event,however, shall an extension exceed 60 days.13:45A-14.13 Nonintentional technical errorsFor the purpose of enforcement of this subchapter, “nonintentional technical errors” shall mean inaccuracies in the unitpricing information reflected upon a stamp, tag, label, sign or list where such defects have resulted from a malfunction of aprinting 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 mistakewas not within the knowledge or control of the owner or operator or management personnel of the store and where suchowner or operator or management personnel could not with reasonable diligence have detected and corrected such errors.13:45A-14.14 Waiver of unit price requirements(a) Prior to the remodeling of a store or resetting of the shelves taking place, a retail establishment may request from thedirector, or his designee, permission to vary from the unit price procedure. Verbal permission to vary is acceptableprovided 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 orresetting shelves.(b) No waiver from compliance with this subchapter shall be granted to a retail establishment for the restocking ofshelves.13:45A-14.15 PenaltiesAny violation of this subchapter shall be deemed a violation of the Consumer Fraud Act, N.J.S.A. 56:8-2, subjecting aviolator to those sanctions established pursuant to said Act.SUBCHAPTER 15.DISCLOSURE OF REFUND POLICY IN RETAIL ESTABLISHMENT13:45A-15.1 DefinitionsThe following words and terms when used in this subchapter shall have the following meanings, unless the contextindicates otherwise.“Merchandise” shall include any objects, wares, goods, commodities, or any other tangible item offered, directly orindirectly, to the public for sale.“Proof of purchase” means a receipt, bill, credit card slip, or any other form of evidence which constitutes proof ofpurchase.“Retail establishment” means any place of business where merchandise is exposed or offered for sale at retail to mem-bers of the consuming public.13:45A-15.2 Unlawful practices(a) Without limiting any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A. 56:8-1 et seq.,failure to comply with the following shall be deemed unlawful thereunder:
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35 1.Every retail establishment shall conspicuously post its refund policy as to all merchandise exposed or offeredfor sale at retail to members of the consuming public in the following manner:i.On a sign attached to the merchandise itself; orii.On a sign affixed to each cash register or point of sale; oriii. On a sign so situated as to be clearly visible to the buyer from the cash register; oriv. On a sign posted at each store entrance used by members of the consuming public.2.The sign required by (a)1 above to be posted in every retail establishment shall conspicuously disclose any andall material conditions of, or qualifications to, its refund policy, including, without limitation, whether a refundwill be given:i.On merchandise which has been advertised as “sale” merchandise or “as is”;ii.On merchandise for which no proof of purchase exists;iii. At any time, or only up to a specified time after the date of purchase;iv. In cash, as a credit to the account on which the purchase was debited, or as a store credit only.13:45A-15.3 Exemption(a) The provisions of N.J.A.C. 13:45A-15.2 shall not apply to any retail establishment that has a policy of, for a periodnot less than 20 days after the date of purchase, providing a cash refund for a cash purchase, or providing a cashrefund or issuing a credit for a credit purchase, which credit is applied to the account on which the purchase wasdebited, in connection with the return of any of its unused and undamaged merchandise.13:45A-15.4 RemedyIn addition to any other remedy provided by the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq., any retail establishmentwhich violates any provision of N.J.A.C. 13:45A-15.2 shall, for a period of up to 20 days after the date of purchase, provideany buyer who returns unused and undamaged merchandise with the option of either a cash refund, a credit to the account onwhich the purchase was debited, or a store credit.SUBCHAPTER 16.HOME IMPROVEMENT PRACTICES13:45A-16.1 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings unless the contextindicates otherwise.“Home improvement” means the remodeling, altering, painting, repairing, or modernizing of residential or noncommer-cial property or the making of additions thereto, and includes, but is not limited to, the construction, installation, replace-ment, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios, landscaping, fences, porches, win-dows, doors, cabinets, kitchens, bathrooms, garages, basements and basement waterproofing, fire protection devices, secu-rity protection devices, central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar heatingor water systems, insulation installation, aluminum siding, wall-to-wall carpeting or attached or inlaid floor coverings, andother changes, repairs, or improvements made in or on, attached to or forming a part of the residential or noncommercialproperty, but does not include the construction of a new residence. The term extends to the conversion of existing commer-cial structures into residential or noncommercial property and includes any of the above activities performed under emer-gency conditions.“Home improvement contract” means an oral or written agreement between a seller and an owner of residential ornoncommercial property, or a seller and a tenant or lessee of residential or noncommercial property, if the tenant or lessee isto be obligated for the payment of home improvements made in, to, or upon such property, and includes all agreements underwhich 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 ofresidence by any natural person, whether or not a single or multi-unit structure, and that part of the lot or site on which it issituated and which is devoted to the residential use of the structure, and includes all appurtenant structures.
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36 “Sales representative” means a person employed by or contracting with a seller for the purpose of selling home improve-ments.“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, agentsand employees.13:45A-16.2 Unlawful practices(a) Without limiting any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A. 56:8-1 et seq.,utilization by a seller of the following acts and practices involving the sale, attempted sale, advertisement or perfor-mance of home improvements shall be unlawful hereunder:1.Model home representations: Misrepresent or falsely state to a prospective buyer that the buyer’s residential ornoncommercial property is to serve as a “model” or “advertising job”, or use any other prospective buyer lureto mislead the buyer into believing that a price reduction or other compensation will be received by reason ofsuch representations;2.Product and material representations: Misrepresent directly or by implication that products or materials to beused in the home improvement:i.Need no periodic repainting, finishing, maintenance or other service;ii.Are of a specific or well-known brand name, or are produced by a specific manufacturer or exclusivelydistributed by the seller;iii. Are of a specific size, weight, grade or quality, or possess any other distinguishing characteristics or fea-tures;iv. Perform certain functions or substitute for, or are equal in performance to, other products or materials;v.Meet or exceed municipal, state, federal, or other applicable standards or requirements;vi. Are approved or recommended by any governmental agency, person, firm or organization, or that they arethe users of such products or materials;vii. Are of sufficient size, capacity, character or nature to do the job expected or represented;viii. Are or will be custom-built or specially designed for the needs of the buyer; orix. May be serviced or repaired within the buyer’s immediate trade area, or be maintained with replacement andrepair parts which are readily available.3.Bait selling:i.Offer or represent specific products or materials as being for sale, where the purpose or effect of the offer orrepresentation is not to sell as represented but to bait or entice the buyer into the purchase of other or higherpriced substitute products or materials;ii.Disparage, degrade or otherwise discourage the purchase of products or materials offered or represented bythe seller as being for sale to induce the buyer to purchase other or higher priced substitute products ormaterials;iii. Refuse to show, demonstrate or sell products or materials as advertised, offered, or represented as being forsale;iv. Substitute products or materials for those specified in the home improvement contract, or otherwise repre-sented or sold for use in the making of home improvements by sample, illustration or model, without theknowledge or consent of the buyer;v.Fail to have available a quantity of the advertised product sufficient to meet reasonably anticipated de-mands; orvi. Misrepresent that certain products or materials are unavailable or that there will be a long delay in theirmanufacture, delivery, service or installation in order to induce a buyer to purchase other or higher pricedsubstitute products or materials from the seller.
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37 4.Identity of seller:i.Deceptively gain entry into the prospective buyer’s home or onto the buyer’s property under the guise of anygovernmental or public utility inspection, or otherwise misrepresent that the seller has any official right,duty or authority to conduct an inspection;ii.Misrepresent that the seller is an employee, office or representative of a manufacturer, importer or any otherperson, firm or organization, or a member of any trade association, or that such person, firm or organizationwill assume some obligation in fulfilling the terms of the contract;iii. Misrepresent the status, authority or position of the sales representative in the organization he represents;iv. Misrepresent that the sales representative is an employee or representative of or works exclusively for aparticular seller; orv.Misrepresent that the seller is part of any governmental or public agency in any printed or oral communica-tion including but not limited to leaflets, tracts or other printed material, or that any licensing denotes ap-proval by the governmental agency.5.Gift offers:i.Offer or advertise any gift, free item or bonus without fully disclosing the terms or conditions of the offer,including expiration date of the offer and when the gift, free item or bonus will be given; orii.Fail to comply with the terms of such offer.6.Price and financing:i.Misrepresent to a prospective buyer that an introductory, confidential, close-out, going out of business,factory, wholesale, or any other special price or discount is being given, or that any other concession is madebecause of a market survey or test, use of materials left over from another job, or any other reason;ii.Misrepresent that any person, firm or organization, whether or not connected with the seller, is especiallyinterested in seeing that the prospective buyer gets a bargain, special price, discount or any other benefit orconcession;iii. Misrepresent or mislead the prospective buyer into believing that insurance or some other form of protectionwill be furnished to relieve the buyer from obligations under the contract if the buyer becomes ill, dies or isunable to make payments;iv. Misrepresent or mislead the buyer into believing that no obligation will be incurred because of the signing ofany document, or that the buyer will be relieved of some or all obligations under the contract by the signingof any documents;v.Request the buyer to sign a certificate of completion, or make final payment on the contract before the homeimprovement is completed in accordance with the terms of the contract;vi. Misrepresent or fail to disclose that the offered or contract price does not include delivery or installation, orthat otherrequirements must be fulfilled by the buyer as a condition to the performance of labor, services, orthe furnishing of products or materials at the offered or contract price;vii. Mislead the prospective buyer into believing that the down payment or any other sum constitutes the fullamount the buyer will be obligated to pay;viii. Misrepresent or fail to disclose that the offered or contract price does not include all financing charges,interest service charges, credit investigation costs, building or installation permit fees, or other obligations,charges, cost or fees to be paid by the buyer;ix. Advise or induce the buyer to inflate the value of the buyer’s property or assets, or to misrepresent or falsifythe buyer’s true financial position in order to obtain credit; orx.Increase or falsify the contract price, or induce the buyer by any means to misrepresent or falsify the contractprice or value of the home improvement for financing purposes or to obtain additional credit.7.Performance:
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38 i.Deliver materials, begin work, or use any similar tactic to unduly pressure the buyer into a home improve-ment contract, or make any claim or assertion that a binding contract has been agreed upon where no finalagreement or understanding exists;ii.Fail to begin or complete work on the date or within the time period specified in the home improvementcontract, or as otherwise represented, unless the delay is for reason of labor stoppage; unavailability ofsupplies or materials, unavoidable casualties, or any other cause beyond the seller’s control. Any changes inthe dates or time periods stated in a written contract shall be agreed to in writing; oriii. Fail to give timely written notice to the buyer of reasons beyond the seller’s control for any delay in perfor-mance, and when the work will begin or be completed.8.Competitors:i.Misrepresent that the work of a competitor was performed by the seller;ii.Misrepresent that the seller’s products, materials or workmanship are equal to or better than those of acompetitor; oriii. Use or imitate the trademarks, trade names, labels or other distinctive marks of a competitor.9.Sales representations:i.Misrepresent or mislead the buyer into believing that a purchase will aid or help some public, charitable,religious, welfare or veterans’ organization, or misrepresent the extent of such aid or assistance;ii.Knowingly fail to make any material statement of fact, qualification or explanation if the omission of suchstatement, qualification or explanation causes an advertisement, announcement, statement or representationto be false, deceptive or misleading; oriii. Misrepresent that the customer’s present equipment, material, product, home or a part thereof is dangerousor defective, or in need of repair or replacement.10. Building permits:i.No seller contracting for the making of home improvements shall commence work until he is sure that allapplicable state or local building and construction permits have been issued as required under state laws orlocal ordinances; orii.Where midpoint or final inspections are required under state laws or local ordinances, copies of inspectioncertificates shall be furnished to the buyer by the seller when construction is completed and before finalpayment is due or the signing of a completion slip is requested of the buyer.11. Guarantees or warranties:i.The seller shall furnish the buyer a written copy of all guarantees or warranties made with respect to laborservices, products or materials furnished in connection with home improvements. Such guarantees or war-ranties shall be specific, clear and definite and shall include any exclusions or limitations as to their scope orduration. Copies of all guarantees or warranties shall be furnished to the buyer at the time the seller presentshis bid as well as at the time of execution of the contract, except that separate guarantees or warranties of themanufacturer of products or materials may be furnished at the time such products or materials are installed.12. Home improvement contract requirements--writing requirement: All home improvement contracts for a pur-chase price in excess of $ 200.00, and all changes in the terms and conditions thereof shall be in writing. Homeimprovement contracts which are required by this subsection to be in writing, and all changes in the terms andconditions thereof, shall be signed by all parties thereto, and shall clearly and accurately set forth in legibleform all terms and conditions of the contract, including, but not limited to, the following:i.The legal name and business address of the seller, including the legal name and business address of the salesrepresentative or agent who solicited or negotiated the contract for the seller;ii.A description of the work to be done and the principal products and materials to be used or installed inperformance of the contract. The description shall include, where applicable, the name, make, size, capac-ity, model, and model year of principal products or fixtures to be installed, and the type, grade, quality, sizeor quantity of principal building or construction materials to be used. Where specific representations are
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39 made that certain types of products or materials will be used, or the buyer has specified that certain types ofproducts are to be used, a description of such products or materials shall be clearly set forth in the contract;iii. The total price or other consideration to be paid by the buyer, including all finance charges. If the contractis one for time and materials, the hourly rate for labor and all other terms and conditions of the contractaffecting price shall be clearly stated;iv. The dates or time period on or within which the work is to begin and be completed by the seller;v.A description of any mortgage or security interest to be taken in connection with the financing or sale of thehome improvement; andvi. A statement of any guarantee or warranty with respect to any products, materials, labor or services made bythe seller.13. Disclosures and obligations concerning preservation of buyers’ claims and defenses:i.If a person other than the seller is to act as the general contractor or assume responsibility for performance ofthe contract, the name and address of such person shall be disclosed in the oral or written contract, except asotherwise agreed, and the contract shall not be sold or assigned without the written consent of the buyer;ii.No home improvement contract shall require or entail the execution of any note, unless such note shall haveconspicuously printed thereon the disclosures required by either State law (N.J.S.A. 17:16C-64.2 (consumernote)) or Federal law (16 C.F.R. section 433.2) concerning the preservation of buyers’ claims and defenses.SUBCHAPTER 17.(RESERVED)SUBCHAPTER 18.PLAIN LANGUAGE REVIEW13:45A-18.1 Fee for contract reviewAny creditor, seller, insurer, lessor, or any person in the business of preparing and selling forms of consumer contracts,requesting a review of a consumer contract, or writing required to complete the consumer transaction, to determine itscompliance with the Plain Language Act, N.J.S.A. 56:12-1 et seq., shall pay to the Director of the Division of ConsumerAffairs a fee in the amount of $50.00.SUBCHAPTER 19.PETITION FOR RULEMAKING13:45A-19.1 Petition for promulgating, amending or repealing rules(a) Any interested person may file a petition with the Director of the Division of Consumer Affairs or with any board,bureau, committee or other agency located within the Division to promulgate, amend or repeal a rule.(b) With respect to a petition for a new rule, the petitioner shall include his or her name and address, the substance ornature of the request, the problem or purpose which is the subject of the request, the proposed text of the new ruleand the statutory authority under which the requested action may be taken.(c) With respect to a petition for an amended rule, the petitioner shall indicate any existing text to be deleted and includeany new text to be added.(d) Within 15 days of receiving the petition, the Director shall file with the Office ofAdministrative Law for publicationin the New Jersey Register a notice of petition pursuant to N.J.A.C. 1:30-3.6(a).(e) Within 30 days of receiving the petition, the Director or the board, bureau, or other agency located within theDivision shall, pursuant to N.J.S.A. 52:14B-4(f), either deny the petition, giving a written statement of its reasons, orproceed to act on the petition, which action may include initiation of a formal rulemaking proceeding. The Directoror the administrative head of the appropriate board, bureau, committee or other agency located within the Divisionshall advise the petitioner in writing of the response to the request and shall file with the Office of AdministrativeLaw for publication in the New Jersey Register a notice of action on the petition pursuant to N.J.A.C. 1:30-3.6(b).
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40 SUBCHAPTER 20.RESALE OF TICKETS OF ADMISSION TO PLACES OF ENTERTAINMENT13:45A-20.1 Delayed effective date of regulationPursuant to P.L. 1995, c.169, which became effective October 5, 1995, the provisions of N.J.A.C. 13:45A-20.5(c) and20.5(e) will become effective April 5, 1997.13:45A-20.1A DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly indicates otherwise:“Advertisement means any attempt by a licensee to directly or indirectly induce the purchase of tickets, appearing in anynewspaper, magazine, periodical, circular, sign or other written matter placed before the public, or in any radio or televisionbroadcast or any other media, electronic or otherwise.“Director” means the Director of Consumer Affairs in the Department of Law and Public Safety.“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.“Person” means corporations, companies, associations, societies, firms, partnerships and joint stock companies as wellas individuals.“Place of entertainment” means any privately or publicly owned and operated entertainment facility within the State ofNew Jersey such as a theater, stadium, museum, arena, racetrack or other place where performances, concerts, exhibits,games or contests are held and for which entry fee is charged.“Ticket” means any piece of paper which indicates that the bearer has paid for entry or other evidence which permitsentry to a place of entertainment.“Ticket agent” means any person who is involved in the business of selling or reselling of admission to places of enter-tainment who charges a premium in excess of the price, plus taxes, printed on the tickets.“Ticket reseller” means any person who is involved in the business of reselling tickets of admission to places of enter-tainment who charges a premium in excess of the price, plus taxes, printed on the tickets.13:45A-20.2 Licensure(a) An application for licensure shall be on a form prescribed by the Director.(b) An application for licensure shall not be approved unless the Director finds that the submitted application form iscomplete in all respects.(c) An application for licensure shall be accompanied by a bond in due form made payable to the Division of ConsumerAffairs, State of New Jersey in the sum of $10,000 with two or more sufficient sureties or an authorized suretycompany, which bond shall be approved by the Director.1.A suit to recover on the bond may be brought by the person damaged or by the Division of Consumer Affairs.2.Upon the commencement of any action or actions against the surety upon the bond, the surety shall immedi-ately notify the Division of Consumer Affairs.3.The licensee shall file a new and additional bond in the sum of $10,000 consistent with provisions of P.L. 1983,Chapters 135 and 220 within 30 days of the commencement of a suit to recover on the bond.4.Any failure by the licensee to file such a new and additional bond within such period shall constitute cause forthe revocation of the license previously issued to the licensee.(d) The Director shall afford an applicant who has been rejected for licensure, an opportunity to be heard in accordancewith the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.1.The burden of establishing that the application should be approved shall rest with the applicant.(e) The Director may consider in determining whether or not to grant a license:1.Whether the applicant has previously been found to have violated or been convicted of any statute or crimeinvolving dishonesty, fraud or deceit.
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41 2.Whether the applicant is financially responsible.13:45A-20.3 Fees: new or renewal license(a) An application for a new or renewal license, shall be submitted on an application form obtained from the Director,fully executed and accompanied by a fee of $300.00 in the form of a money order or certified check made payable tothe order of the State of New Jersey, Division of Consumer Affairs.(b) A refund of 50 percent of the fees shall be made by the Division of ConsumerAffairs when an application is rejected.Fifty percent of the fee shall be retained by the Division to cover administrative and investigative costs in theprocessing of the application.(c) A request by a licensee for a copy of the license issued for the purpose of display in a branch office shall be accom-panied by a fee of $50.00.(d) A request for a change of business address shall be accompanied by a fee of $10.00.13:45A-20.4Place of business(a) A ticket reseller shall maintain a bona fide place of business.1.A bona fide place of business when used in this subsection shall include, but is not limited to, a place ofbusiness which provides reasonable access to the public.(b) A ticket reseller shall not sell nor permit any employee, agent or servant to sell any ticket for a place of entertainmentat any location other than those places of business licensed for the sale of tickets by the Director(c) A licensee shall request the prior approval of the Director for any change in the business address.(d) A license shall not be transferred nor assigned.1.A corporate licensee shall notify the Director prior to any change in the ownership interest in the licensedbusiness including but not limited to a transfer of 10 percent or more of stock interest held therein.(e) A licensee shall clearly and conspicuously post his license in each of his places of business.13:45A-20.5 Sale or exchange(a) A licensee shall not sell or exchange any ticket for entry to a place of entertainment without first impressing his orher sale or exchange stamp clearly showing the license number issued by the Division on the reverse side of thatportion of each ticket which is retained by the owner of the place of entertainment.1.A ticket shall bear the stamp of every licensee engaged in its sale or exchange.(b) A place of entertainment or its agent shall not sell or resell any ticket for entry to a place of entertainment unless thereis printed on the face of each ticket the price charged therefor.(c) A place of entertainment shall not sell or resell any ticket for entry to a place of entertainment unless the maximumpremium, not to exceed 20 percent of the ticket price or $3.00 whichever is greater, plus taxes, at which a ticket maybe resold shall be printed either in a dollar amount or as a formula on the face or back of any ticket. Where themaximum premium which may be charged for a ticket is printed on the back side of the ticket, the phrase “seereverse side” shall appear on the face of each ticket or ticket stock printed after the effective date of the regulations.(d) It shall be a prohibited practice for a ticket reseller as a condition of selling or exchanging a ticket for a particularentertainment event, to require a buyer to purchase other tickets.(e) It shall be a prohibited practice for a licensee to accept or demand any other things of value in excess of the lawfulpurchase price of a ticket.(f) Any buyer who pays any monies towards the purchase of a ticket and fails to receive the promised ticket on thepromised delivery date shall be given notification by the ticket reseller of the failure to deliver tickets and shall begiven the option of receiving a full refund within 30 days or consenting to an extension of the delivery date.(g) A ticket reseller shall provide a buyer of a ticket with a receipt which specifies the date on which the tickets will bedelivered to the buyer and the total purchase price for the tickets.
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42 13:45A-20.6 Records(a) A ticket reseller shall keep full and accurate sets of records maintained in accordance with generally accepted ac-counting practices and principles.(b) Records of a ticket reseller shall clearly set forth:1.The prices at which all tickets have been bought and sold by the ticket reseller.2.The names and addresses of the persons from whom the ticket reseller purchased the tickets and to whom theticket reseller sold the tickets.(c) Records of a ticket reseller shall include sales invoice books.1.The invoices used shall be printed and numbered consecutively.2.The invoices used shall be in duplicate, the original of which shall be given to the purchaser and the duplicatekept by the ticket reseller in consecutive order.3.The invoices used shall include the following information:i.Date of the transaction;ii.Name and place of entertainment;iii. Number of ticket(s) sold;iv. Price of ticket(s) with ticket reseller’s premium recorded separately.v.Seat location;vi. Date of performance;vii. Whether payment was made by cash, check or charge account;viii. Name and address of purchaser;(d) Records of a ticket reseller shall include a sales journal which reflects a record of daily sales.(e) Records set forth in this subchapter shall be made available for inspection by the Division at any reasonable time andupon reasonable notice.13:45A-20.7 Advertising(a) A ticket reseller shall not attempt in any advertising material, directly or indirectly, to include any statement orrepresentation relating to a concert that has not been scheduled to occur on a particular date and at a specific place ofentertainment.(b) A licensee shall clearly and conspicuously disclose his license number in any public advertisement or advertisingmaterial.(c) Advertising for any event by a ticket reseller shall include the price charged by a place of entertainment for eachticket offered for sale but ticket prices are not required to be included in pamphlets, brochures or billboards preparedas a schedule of events prior to the time a ticket is offered for sale.SUBCHAPTER 21.REGULATIONS CONCERNING THE SALE OF FOOD REPRESENTED AS KOSHER13:45A-21.1DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextindicates otherwise:“Advertises, represents or holds itself out” means engaging, directly or indirectly, in promotional activities including,but not limited to, oral representations, newspaper, radio and television advertising, telephone book listings, distribution offliers and menus and any in-store signs or announcements.“Dairy” means a food that is or contains any milk or milk derivative.
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43 “Dealer” means any establishment that advertises, represents or holds itself out as selling, preparing or maintaining foodas kosher. This shall include, but not be limited to, manufacturers, slaughterhouses, wholesalers, stores, restaurants, hotels,caterers, catering facilities, butcher shops, summer camps, bakeries, delicatessens, supermarkets, grocery stores, nursinghomes, freezer dealers and food plan companies. Such establishments may also deal in food not represented as kosher.“Director” means the Director of the Division or his or her designee.“Disclosure” means the form(s) provided by the Division and executed by a dealer for the purpose of disclosing toconsumers and to the Division practices relating to the preparation, handling and sale of food represented to be kosher.“Division” means the Division of Consumer Affairs in the Department of Law and Public Safety.“Food” means a food, food product, ingredient, dietary supplement or beverage.“Kosher brand” means a branding symbol approved by the United States Department ofAgriculture and used by slaugh-terhouses.“Meat” means animal and/or poultry meat, meat products and/or meat by-products.“Pareve” means a food which contains neither meat nor dairy products and unless otherwise disclosed by the merchantis represented to be kosher.“Person” means an individual, corporation, business trust, trust, estate, partnership, association, two or more personshaving a joint or common interest or any other legal or commercial entity. When used in this subchapter, “person” shallinclude, but not be limited to, all retail establishments, all dealers as defined above, manufacturers, wholesalers, processors,slaughterhouses and all others along the chain of commerce from the time the product is produced or, in the case of meat orpoultry, from the time of slaughter to the time of its sale.“Plumba” means the seal commonly used in the kosher industry with the word “kosher” indicated either in English orHebrew letters, and with certain letters, figures or emblems indicated that will positively identify such plumba with theparticular slaughterhouse where the animal or poultry was slaughtered or processed.“Properly sealed packages” means those packages which bear a kosher symbol insignia and are sealed by the manufac-turer, processor or wholesaler at its premises.“Sell” means to offer for sale, expose for sale, serve or sell, directly or indirectly.“Tag” means an identification of whatever form bearing the name and address of the slaughterhouse where the animalwas slaughtered, the name of the person who sanctioned the slaughtering of meat at the slaughterhouse named and the dateof the slaughter. All requisite information must be included in English with Arabic numerals. It may also contain theinformation in other languages. When information presented in English with Arabic numerals conflicts with informationpresented in other languages, the information presented in English with Arabic numerals shall be considered definitive.“Wash letter” means the document stating the time and date the meat was last washed. All requisite information must beincluded in English with Arabic numerals. It may also contain information in other languages. When this information is notdelineated on the attached tags, the wash letter must accompany the meat until the meat is fully fabricated. When informa-tion presented in English with Arabic numerals conflicts with the information presented in other languages, the informationpresented in English with Arabic numerals shall be considered definitive.“Wholesaler” means any person selling food to another person where that food is intended for resale.13:45A-21.2 Disclosure requirements(a) A dealer shall post on premises where food is sold, in a location readily visible to the consumer, a completed disclo-sure statement provided by the Division for that purpose.1.In establishments such as hospitals or other places where representations that food is kosher are not made untilafter the consumer has made a request for kosher food, the disclosure shall be provided to the consumer eitherprior to serving the food or together with the food served.2.Nursing homes, summer camps, caterers or other places providing food pursuant to a contract shall provide theconsumer or his or her legal representative with a copy of the disclosure prior to the signing of the contract.This requirement is in addition to the posted disclosure stated in (a) above.
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44 (b) A dealer representing itself as having rabbinical supervision shall post in a location on its premises, readily visible tothe consumer, the completed rabbinical supervision disclosure statement provided by the Division.(c) A dealer selling food represented as kosher for Passover shall post on its premises, in a location readily visible to theconsumer, a completed Passover disclosure provided by the Division for that purpose. The disclosure must beposted at least 30 days before Passover and stay posted until the conclusion of Passover.1.Where a dealer assumes a facility to be used exclusively for the Passover holiday and it is not its regular facility,that dealer is not required to post the Passover disclosure until such time as it takes residence in that facility.2.Nursing homes, summer camps, caterers or other places providing food during Passover pursuant to a contractshall provide the consumer or his or her legal representative with a copy of the disclosure prior to the signing ofthe contract. This requirement is in addition to the posted disclosure stated in (c) above.(d) A dealer shall complete and return to the Division within 14 calendar days of receipt:1.The copy of the disclosure form provided by the Division for that purpose; and2.If representing to be under rabbinical supervision, the copy of the disclosure form provided by the Division forthat purpose; and3.If representing the sale of food as kosher for Passover, the copy of the disclosure form as provided in (c) above.(e) A dealer completing the disclosures as stated in (a), (b), (c) and/or (d) above is required to conform sales practices tothose disclosures.(f) Dealers shall immediately amend disclosures to reflect any change in the posted practices and shall inform theDirector, in writing, and if applicable, any party to a contract, within 14 calendar days of any change in the statedinformation.(g) A dealer representing itself as being under rabbinical supervision shall maintain a permanently bound logbook thatshall include for each inspection visit of the supervising rabbi or his representative the signature and printed name ofthe person performing the inspection, date and time of arrival at the establishment. The logbook shall be maintainedfor a period of not less than two years after the final entry.(h) Persons advertising the sale of both food represented as kosher and food not represented as kosher shall display in aprominent place in its front window or front entrance the following sign which shall be printed in block letters atleast four inches in height: “KOSHER AND NONKOSHER FOOD SOLD HERE.”1.In the case of a restaurant, hotel, caterer or other place where food is served the word “SERVED” may besubmitted for “SOLD.”2.Any dealer posting the disclosure required in (a) above and identifying itself on that form as selling kosher andnonkosher food is not required to post the disclosure stated in this subsection.(i) Any person whose sole representation of kosher is limited to properly sealed packages prepared by others shall beexempt from the requirements of this section.13:45A-21.3 Labeling requirements(a) A dealer shall ensure that all meat and/or poultry slaughtered to be sold as kosher shall have affixed to it at theslaughterhouse a tag and/or plumba.(b) The day of the slaughter, where required, shall be reflected by an incision of a Hebrew letter or an English letter, Athrough F, with Sunday being represented with the letter A. The identification shall be affixed as follows:1.All forequarters of steers, cows, bulls, heifers, and yearling calves (“baby beef”), shall arrive at wholesalers andbutchers with the following kosher identifications:i.Breast, rib plate, chuck, shoulder: A tag attached by a wire or plastic. Additionally, the rib-cage of eachquarter shall indicate the day of slaughter;ii.All hanging tenders, spleens, oxtails, hearts and intestines (kishka) shall be identified with a tag attached bya wire or plastic, and by the use of a rubber stamp. Skirt steaks (from the diaphragm) when disconnected atthe packing house or deboning rooms shall be affixed with a tag attached by a wire or plastic or legiblystamped with a stamp indicating the date of slaughter and kosher supervisor’s name;
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45 iii. Liver: two kosher brands, one on the liver’s top portion, the other near the bottom. Additionally, a tag shallbe attached to the white sinew on the liver’s side, by a wire or plastic;iv. Feet: a tag attached by a plumba-wire to each foot;v.Breads: a tag attached by a plumba-wire to each pair;vi.Brains: a tag attached by a plumba-wire to each brain when sold separately from the head;vii. Tongue: a tag attached by a wire or plastic, as well as a kosher brand; andviii. Breastbone: incisions indicating day of slaughter;2.All foresaddles of veal shall arrive at wholesalers and butchers with the following identification attached at theslaughterhouse:i.Breast: incision on each breast indicating day of slaughter. In addition, each breast shall be affixed with atag attached by a plumba-wire;ii.Rack: each rack shall bear an incision, in the rib-cage area, indicating the day of slaughter. If wholesalers,butchers or processors ship the rack separately, a tag shall be affixed by a wire or plastic to each rack;iii. Liver: a kosher brand, plus a tag attached by a wire or plastic at the white sinew on the liver’s side;iv. Feet: a tag attached by a plumba-wire;v.Breads: a tag attached by a plumba-wire to each pair; andvi. Tongue: a tag attached by a wire or plastic, plus a kosher brand;3.All foresaddles of lamb and mutton shall arrive at wholesalers and butchers with the following identificationattached at the slaughterhouse:i.Breast: incision on each breast indicating day of slaughter. In addition, each breast shall be affixed with atag attached by a plumba-wire;ii.Rack: each rack shall bear an incision, in the rib-cage area, indicating the day of slaughter. If wholesalers,butchers or processors ship the rack separately, a tag shall be affixed by a wire or plastic to each rack;iii. Liver: a kosher brand, plus a tag attached by a wire or plastic at the white sinew on the liver’s side; andiv. Tongue: a tag attached by a wire or plastic, plus a kosher brand; and4.Cheek-meat, ground (chopped) meat, shoulder clods, skirts, flanken, and other such meat that are piled orstored inside plastic bags or vacuum packed and thereafter shipped, shall have a tag placed inside the bag orcontainer as well as a kosher stamp or tag attached to the package’s exterior. If the items have not been salted,a tag indicating the last washing shall be included. Meat shipped as indicated in this paragraph shall not becontained in packages exceeding 10 pounds. Each brisket or plate shipped in “combos” shall be affixed with atag.(c) Portions of meat, excluding poultry, having been fabricated by the wholesaler, regardless of the size of the portion,must have a tag affixed to it. The tag shall bear the name and address of the wholesaler, the name of the slaughter-house from which the meat was purchased, the name of the authority sanctioning the kosher slaughter, the date of thefabrication of the meat and whether the meat has been soaked and salted. If the meat was not soaked and salted thetag must include the date and time of the last washing of the meat.(d) A document containing the information specified in (c) above may be substituted for the tag provided that the meatis identified with either a tag or plumba.(e) Except as provided in (f) below, all poultry sold as kosher must have plumbas affixed at the slaughterhouse, asfollows:1.Turkey necks: 10 pounds or less, in a bag securely closed with a plumba.2.Chicken necks: five pounds or less, in a bag securely closed with a plumba.3.Chicken and turkey livers: five pounds or less, in a bag securely closed with a plumba.4.Chicken and turkey gizzards: five pounds or less, in a bag securely closed with a plumba.
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46 5.Chicken wings: five pounds or less, in a bag securely closed with a plumba.6.Turkey wings: 10 pounds or less, in a bag securely closed with a plumba.7.Chicken and turkey thighs with back portion: five pounds or less, in a bag securely closed with a plumba.8.Chicken and turkey legs: five pounds or less, in a bag securely closed with a plumba.9.Chicken and turkey boneless breasts: five pounds or less, in a bag and securely closed with a plumba.10. Chicken and turkey breasts: five pounds or less, in a bag securely closed with a plumba.11. Chicken and turkey boneless bottom meat: five pounds or less, in a bag securely closed with a plumba.12. Chicken and turkey whole poultry: Each piece shall have a plumba securely affixed to it.(f) A poultry processor may apply to the Director for an exemption from the labeling requirements of (e) above based onvolume sales to an individual entity. The Director retains discretion to approve alternative labeling requirements forsuch shipments.(g) The slaughterer and/or wholesaler of poultry and/or meat sold as kosher shall ensure that plumbas and/or tags areaffixed and so remain, as stated in this section. Slaughterers and/or wholesalers who have sold meat and/or poultrynot in compliance with this section shall not refuse to accept returned poultry and/or meat and must provide a refundfor the returned item.(h) All excised fats, veins or meat trimmings which will be sent to a renderer or discarded shall be put into receptaclesmarked DISCARD. Such fats, veins and trimmings shall not then be sold or used as kosher.(i) A dealer shall not remove plumbas, tags or any other marks of kosher identification affixed to meat and/or poultry atthe slaughterhouse or by the wholesaler until immediately preceding the final fabrication of the product.(j) A dealer shall not remove the identifying kosher marks of any food until immediately prior to the sale or use of theproduct.(k) A dealer who represents in its disclosure that it does not soak and salt its meat but washes it within every 72 hourperiod, shall disclose legibly the date and time of the day, A.M. or P.M., of each washing and the name of the personperforming the washing, on all tags attached to the meat or shall write the information on a wash letter. This appliesto all meat sent from slaughterhouses, wholesalers, butcher shops, or any other place until the meat has been fullyfabricated.(l) A dealer shall indicate the date of packaging on the label of packaged raw meat, excluding poultry.(m) A dealer shall ensure that packaged raw meat, excluding poultry, shall bear one of the following disclosures: “soakedand salted,” “not soaked and salted” or “soaked and salted upon request only.”13:45A-21.4 Recordkeeping requirementsComplete and accurate records of all meat and/or poultry purchased as kosher shall be kept by dealers. This shall includethe name and address of the slaughterhouse, wholesaler or other source from which such purchases are made, the dates,quantities and identity or nature of meat and/or poultry, and copies of all invoices and bills of sale. A dealer shall retain suchrecords on its premises for a two year period following the purchase of properly identified kosher meat and/or poultry. Washletters as referred to in N.J.A.C. 13:45A- 21.1 shall be kept as long as the meat is in possession of the dealer and shall be keptattached to its appropriate invoice.13:45A-21.5 Filing requirements(a) Every dealer shall file annually with the Director:1.If the dealer is under rabbinical supervision, a letter, in English, from a supervising rabbi or rabbinical agencythat the dealer is rabbinically supervised. The letter shall include the name and address of the person providingthe certification, the date the letter was issued, the date it becomes effective, the date it expires, the name andaddress of the dealer receiving certification and the type of establishment certified;2.In the case of products produced on behalf of another person, a letter, in English, from the supervising rabbi orrabbinical agency that states the name and address of the person providing the certification, the date the letterwas issued, the date it becomes effective, the date it expires, the name and address of the manufacturer receiv-
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47 ing certification, the type of establishment certified, and where applicable, the specific products and brandscertified; or3.If the establishment is not under rabbinical supervision, a letter so stating.(b) Any individual or organization giving rabbinical supervision to any dealer located in New Jersey shall file annuallywith the Director a document listing the name, address and type of each establishment that is supervised.(c) Dealers required to file pursuant to this section shall provide written notification to the Director of any changerelated to rabbinical supervision, represented status, address or ownership status within seven business days of suchchange.(d) Any person whose sole representation of kosher products is limited to properly sealed packages prepared by othersshall be exempt from the requirements of this section.13:45A-21.6 Inspections of dealers(a) Inspections are to be conducted by authorized inspectors of the Division.(b) For the purpose of making any inspection an inspector shall have a right of entry to, upon and through the businesspremises of persons making any representation of kosher.13:45A-21.7 Unlawful practices(a) In addition to a violation of any other laws, the following shall constitute an unlawful practice under the ConsumerFraud Act, N.J.S.A. 56:8- 1 et seq.:1.Failure to comply with the disclosure requirements of N.J.A.C. 13:45A- 21.2;2.Failure to comply with the filing requirements of N.J.A.C. 13:45A-21.5;3.Failure to conform sales practices with the posted disclosures;4.Failure to conform posted disclosures with the disclosure filed with the Division;5.Use of any of the following in the advertisement or sale of any food by a dealer that fails to post or file therequired disclosure or by a person not representing itself as selling kosher food:i.By direct statements, orally or in writing, that the food sold is kosher or pareve;ii.By display or by inscription on any food or its package, container or contents, the word “kosher”, “pareve”,“Glatt” or “rabbinical supervision” or similar expression, in any language, or by any sign, emblem, insignia,six-pointed star, Menorah, symbol or mark in simulation of the word kosher unless such inscription is on aproperly sealed package; oriii. By display on any interior or exterior sign, menu or otherwise, or by advertisement, either oral or in writing,the words “kosher-style”, “kosher-type”, “Jewish”, “Hebrew”, “holiday (Jewish) foods”, “traditional (Jew-ish)”, “Bar Mitzvah”, “Bat Mitzvah” or other similar words, either alone or in conjunction with the word“type”, “style” or other similar expression, unless there is clearly and conspicuously stated a disclaimer inthe same size type or letters in some prominent place or location on the sign or menu or in the case of anadvertisement in type no smaller than the smallest type in the advertisement, and in no event less than10-point type, that the product or products offered for sale are not represented as kosher.(1) The disclaimer shall appear in a box within the advertisement and shall be preceded with the word“NOTICE” or other similar word, in not smaller than bold 14-point type.(2) An advertisement that utilizes any kosher symbol that also promotes the sale of non-kosher food is inviolation of this section unless there is clearly and conspicuously stated in the advertisement a dis-claimer in accordance with the requirement of this section, that some of the food offered for sale is notrepresented to be kosher;6.By advertising an establishment as being under rabbinical supervision without including in the advertisementthe name of the supervising rabbi or agency;7.By representing a food and/or an establishment as being under rabbinical supervision when that food and/orestablishment is not in conformance with the requirements of that supervision;
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48 8.Use by any person of a recognized kosher food symbol, including but not limited to OU, OK, Kof-K, Triangle-K,Star-K, without first obtaining written authorization from the person or agency represented by that symbol;9.Use of the word(s) “kosher” or “pareve” or a kosher symbol insignia or the letter(s) “K”, “KM,” “KP” or “KD”,on properly sealed packages that are not produced under rabbinical supervision, shall bear the statement “notunder rabbinical supervision” in bold type on the label;10. Use of the letter “P” as part of a kosher symbol on any product when that product is not represented as kosherfor Passover;11. Possession by any person, other than the manufacturer or packer at its premises, of kosher or kosher for Pass-over identification bearing a kosher symbol, unless the certifying entity of that symbol authorizes applicationof that symbol to that product on that premise;12. Possession by any person of meat and/or poultry represented as having been slaughtered to be sold as kosher,when that meat and/or poultry is not properly identified with the slaughterhouse tag and/or plumba or thewholesaler’s tag;13. Failure to comply with the labeling requirements of N.J.A.C. 13:45A-21.3;14. Failure to comply with the recordkeeping requirements of N.J.A.C. 13:45A-21.4;15. Failure to allow an inspector entry upon the business premises of a dealer or to interfere in any way with aninspection;16. Failure to respond in a timely fashion to an inquiry conducted by the Division;17. Failure to attend any scheduled proceeding as directed by the Division. In the event that a person elects to retaincounsel for the purpose of representation in any such proceeding, it shall be the person’s responsibility to do soin a timely fashion. The failure of a person to retain counsel, absent a showing of good cause for such failure,shall not require an adjournment of the proceeding;18. Failure to answer any question pertinent to an inquiry made pursuant to N.J.S.A. 56:8-3, or other applicablelaw, unless the response is subject to a bona fide claim of privilege; or19. Failure to make a proper and timely response by way of appearance and/or production of documents to anysubpoena issued pursuant to N.J.S.A. 56:8-3 or as otherwise may be provided by law.13:45A-21.8 PresumptionsPossession by a dealer of any product not in conformance with its disclosure is presumptive evidence that the dealer is inpossession of that food with the intent to sell.SUBCHAPTER 22.(RESERVED)SUBCHAPTER 23.DECEPTIVE PRACTICES CONCERNING WATERCRAFT REPAIR13:45A-23.1 Definitions“Customer” means the owner, or any family member, employee or any other person whose use of the watercraft isauthorized by the owner.“Director” means the Director of the Division of Consumer Affairs.“Repair of watercraft” means all maintenance and repair to such watercraft, its engine or motor, but excluding lubrica-tion, oil changes, installing light bulbs, and other such minor accessories and services. No service or accessory to be installedshall be excluded for purpose of this rule if the Director determines that the performance of the service or the installation ofan accessory requires mechanical expertise has given rise to a high incidence of fraud or deceptive practices or involves apart of such watercraft essential to its safe operation.“Watercraft” includes but is not limited to any craft, boat or vessel, powerboat, sailboat, motor sailer, mono hull, catama-ran or trimaran, documented or registered (if required) in the State of New Jersey or by any other agency having authority todocument or register watercraft.
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49 “Watercraft repair dealer” means any person who, for compensation, engages in the business of performing or employ-ing persons who perform maintenance, diagnosis or repair services on any watercraft, its propulsion system (internal com-bustion or electrical, inboard or outboard) or the replacement of parts including, but not limited to, hull planking, fiberglasssections and standing rigging, and shall include, but not be limited to, boat dealers, repair shops (fixed, mobile or marina) andmarinas where such maintenance, diagnosis or repair services are available. Excluded are those persons who engage in thebusiness of repairing watercraft of commercial or industrial establishments or government agencies, under contract or other-wise, but only with respect to such accounts.13:45A-23.2 Deceptive practices: watercraft repairs(a) Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act,N.J.S.A. 56:8-1 et seq., and to afford customers of watercraft repair dealers similar rights and protections afforded tocustomers of automotive repair dealers, N.J.A.C. 13:45A-7.1 et seq., the following acts or omissions shall be decep-tive practices in the conduct of the business of a watercraft repair dealer, whether such act or omission is done by thewatercraft repair dealer, its employees, agents, partners, officers, or members, or by any third party who performssuch service at the request of the watercraft repair dealer.1.Making or authorizing in any manner or by any means whatever any statement, written or oral, which is untrueor misleading, and which is known or, which by the exercise of reasonable care should be known to be untrueor misleading.2.Commencing work for compensation without securing one of the following:i.Specific written authorization from the customer which states the nature of the repair requested or problempresented; orii.If the customer’s watercraft or any part thereof as defined in N.J.A.C. 13:45A-22.1 is presented to thewatercraft repair dealer during other than normal working hours or by one other than the customer, or inother than distress circumstances, oral authorization from the customer to proceed with the requested repairor problem presented, evidenced by a notation on the repair order and/or invoice of the repair requested orproblem presented, date, time, name of person granting such authorization and the telephone number if any,at which said person was contacted.3.Commencing work for compensation without either:i.One of the following:(1) Providing the customer with a written estimated price to complete the repair quoted in terms of anot-to-exceed figure; or(2) Providing the customer with a written estimated price quoted as a detailed breakdown of parts and labornecessary to complete the repair. If the dealer makes a diagnostic examination, the dealer has a right tofurnish such estimate in a reasonable period of time thereafter, and to charge the customer for the cost ofdiagnosis. Such diagnosis charge must be agreed to in advance by the customer. No cost of diagnosiswhich would have been incurred in accomplishing the repair shall be billed twice if the customer electsto have the dealer make the repair. Should it be necessary to haul the watercraft and or transport it to therepair facility where the maintenance, diagnosis or estimate is to be made (in all but distress circum-stances), charges for such hauling and/or transportation shall be disclosed in advance and itemizedseparately on the estimate or invoice; or(3) Providing the customer with a written estimated price to complete a specific repair, for example “repackstuffing box”; or(4) Obtaining from the customer a written authorization to proceed with repairs not in excess of a specificdollar amount. For the purpose of this subchapter, said dollar amount shall be deemed the estimatedprice of repairs; or(5) If the customer waives his right to a written estimate in a written statement, signed by the customerobtaining from the customer oral approval of an estimated price of repairs evidenced by a notation onthe repair or invoice of the estimated price of repairs, date, time, name of person approving such esti-mate, and the telephone number if any, at which such person was contacted; or
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50 ii.If the customer’s watercraft or any part thereof as defined in N.J.A.C. 13:45A-22.1 is presented to the repairdealer during other than normal working hours or by one other than the customer, obtaining from the cus-tomer either:(1) A written authorization to proceed with repairs not in excess of a specific dollar amount. For the pur-pose of this subchapter, said dollar amount shall be deemed the estimated price of repairs; or(2) Oral approval of an estimated price of repairs evidenced by a notation on the repair order or invoice ofthe estimated price of repairs, date, time, name of person approving such estimate and the telephonenumber, if any, at which such person was contacted.4.Failure to provide a customer with a copy of any receipt or document signed by him, when he signs it.5.Making false promises of a character likely to influence, persuade or induce a customer to authorize the repair,diagnosis, service or maintenance of any craft or its propulsion system.6.Charging the customer for work done or parts supplied in excess of any estimated price given, without the oralor written consent of the customer, which shall be obtained after it is determined that the estimated price isinsufficient and before the work not estimated is done or the parts not estimated are supplied. If such consentis oral, the watercraft repair dealer shall make a notation on the repair order and the invoice of the date, time,name of person authorizing the additional repairs and the telephone number called, if any, together with aspecification of the additional parts and labor and total additional cost. The watercraft repair dealer shall obtainthe consent of any customer before any additional work not estimated is done or parts not estimated are sup-plied.7.Failure to return replaced parts to the customer at the time of completion of work, provided that the customer,before work is commenced, requests such return, and provided that the parts, by virtue of their size, weight orother similar factors, are not impractical to return. Those parts and components, that are replaced and that aresold on an exchange basis and those parts that are required to be returned by the watercraft repair dealer to themanufacturer or distributor, are exempt from the provisions of this section.8.Failure to record on an invoice all repair work performed by a watercraft repair dealer or for a customer,itemizing separately the charges for parts and labor, and clearly stating whether any new, rebuilt, reconditionedor used parts have been supplied. A legible copy shall be given to the customer.9.The failure to deliver to the customer, with the invoice, a legible written copy of all guaranties, itemizing theparts, components and labor represented to be covered by such guaranty or in the alternative, delivery to thecustomer of a guaranty covering all parts, components and labor supplied pursuant to a particular repair order.A guaranty shall be deemed false and misleading unless it conspicuously and clearly discloses in writing thefollowing:i.The nature and extent of the guaranty including a description of all parts, characteristics or properties cov-ered by or excluded from the guaranty, the duration of the guaranty and what must be done by a claimantbefore the guarantor will fulfill his obligation (such as returning the product and paying service or laborcharges); andii.The manner in which the guarantor will perform. The guarantor shall state all conditions and limitations andexactly what the guarantor will do under the guaranty, such as repair, replacement or refund. If the guarantoror recipient has an option as to what may satisfy the guaranty, this must be clearly stated; andiii.The guarantor’s identity and address shall be clearly revealed in any documents evidencing the guaranty.10. Failure to clearly and conspicuously disclose the fact that a guaranty provides for adjustment on a pro ratabasis, and the basis upon which the guaranty will be pro-rated; that is, the time, the part, component or itemrepaired has been used and in what manner the guarantor will perform. If adjustments are based on the priceother than that paid by the customer, clear disclosure must be made of the amount. However, a fictitious pricemust not be used even where the sum is adequately disclosed.11. Failure to post in a conspicuous place a sign informing the customer that the watercraft repair dealer is obli-gated to provide a written estimate when the customer physically presents such watercraft to the dealer duringnormal working hours and, in any event, before work is commenced except in distress circumstances. Inaddition, copies of any receipts or document signed by the customer, a detailed invoice, a written copy of any
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51 guaranty and the return of any replaced parts that have been requested must be provided. The sign is to read asfollows:“A CUSTOMER OF THIS ESTABLISHMENT IS ENTITLED TO:1.When a watercraft, its propulsion system (internal combustion, electrical, inboard or outboard) or any partthereof is presented during normal working hours, and in any event before work begins, a written estimateprice stated either:(A) PRICE NOT TO EXCEED $ and given without charge; or(B) As an exact figure broken down as to hauling, transporting, parts and labor. This establishment has theright to charge you for this diagnostic service, although, if you then have the repair done here you willnot be charged twice for any part of such charge necessary to make the repair.(C) As an exact figure to complete a specific repair.2.For your protection, you may waive your right to an estimate only by signing a written waiver.3.Require that this establishment not start work on your watercraft, its propulsion system (internal combus-tion, electrical, inboard or outboard) or any part thereof until you sign an authorization stating the nature ofthe repair or problem if you physically present the watercraft here during normal working hours.4.A detailed invoice stating charges for parts and labor separately and whether any new, rebuilt, reconditionedor used parts have been supplied.5.The replaced parts, if requested before work is commenced, unless their size, weight or similar factors makereturn of the parts impractical.6.A written copy of any guaranty.”12. Nothing in this section shall be construed as requiring a watercraft repair dealer to provide a written estimate ifthe dealer does not agree to do the repair.13. Any other unconscionable commercial practice prohibited pursuant to N.J.S.A. 56:8-1 et seq.SUBCHAPTER 24.TOY AND BICYCLE SAFETY13:45A-24.1 Purpose and scope(a) The purpose of this subchapter is:1.To implement P.L. 1991, c.250, by setting forth regulations for the reporting of toy-related deaths or injuries;2.To implement P.L. 1991, c.295, by setting forth regulations for disseminating notice of defective or hazardoustoys or other articles intended for use by children; and3.To implement P.L. 1991, c.323, by setting forth regulations for a notice promoting the use of helmets to beaffixed to bicycles sold at retail in the State of New Jersey.(b) The sections of this subchapter shall apply as follows:1.N.J.A.C. 13:45A-24.2 applies to all physicians, defined for purposes of this section as Doctors of Medicine,Doctors of Osteopathy, and Doctors of Podiatric Medicine who are licensed by the State Board of MedicalExaminers, and Doctors of Chiropractic who are licensed by the State Board of Chiropractic Examiners; and tothe medical directors of all licensed health- related facilities located within the State of New Jersey, such ashospitals, public health centers, emergency and other medical treatment centers, or the premises of healthmaintenance organizations if patients are seen or treated therein.2.N.J.A.C. 13:45A-24.3 applies to manufacturers, importers, and distributors of toys or other articles intended foruse by children, and to all dealers who offer to sell or sell such items to consumers in the State of New Jersey.3.N.J.A.C. 13:45A-24.4 applies to all persons in the business of selling bicycles at retail in the State of NewJersey.
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52 13:45A-24.2 Reporting of toy-related injuries(a) As used in this section, the following words shall have the following meanings:“Toy” means a plaything or item primarily marketed for the amusement or recreation of children, as well as any articlethat is designed for use by children, such as a stroller, crib, child-sized furniture, pacifier, teething ring, etc.“Toy-related injury” means an injury to a person of any age caused or worsened by a toy as defined above; the term doesnot include an injury which involved a toy but was not directly caused by the toy or worsened by an apparent characteristicof the toy.(b) Whenever a physician has before him or her a person whose injury or death the physician determines to be orreasonably suspects may be toy-related, the physician or designee shall, as soon as practicable but no later than thenext business day, make a report as follows:1.If the injured person was seen in a private office or non-institutional setting, the physician shall report thetoy-related injury to:Executive DirectorOffice of Consumer ProtectionP.O. Box 45025124 Halsey StreetNewark, New Jersey 07101Tel.: (973) 504-62572.If the injured person was seen in a licensed health-care facility or other medical treatment center, or on thepremises of a health maintenance organization, the physician or designee shall promptly report the injury ordeath to the medical director of that organization.3.The medical director shall transmit the information supplied pursuant to (b)2 above as soon as practicable butno later than the next business day to the Office of Consumer Protection at the address set forth in (b)1 above.(c) The initial report to the Office of Consumer Protection shall be made by telephone during business hours (8:30A.M.to 4:30 P.M. Monday through Friday); the physician or medical director, as applicable, shall then complete a writtenform provided by the Office of Consumer Protection and shall return it within seven days of receipt to the address setforth in (b)1 above.(d) The Division Director shall maintain a record of the toy-related injuries or deaths reported by physicians and medi-cal directors and shall:1.Prepare a report which does not identify either the physician or patient involved;2.Transmit the information on a regular basis to the U.S. Consumer Product Safety Commission; and3.Make the report available monthly to the public, upon request to the Office of Consumer Protection at theaddress set forth in (b)1 above. The request shall include a check or money order, payable to “Division ofConsumer Affairs,” for the processing fee of $5.00. Cash will not be accepted.(e) If upon review of such reports of injury or death, the Director determines that a specific toy may pose an immediatedanger to the residents of this State, the Director shall issue a statement warning the public that such reports havebeen received.(f) The Director may release the information identifying the physician and/or patient involved solely to an appropriategovernmental organization for good cause shown.(g) Failure by a physician or medical director to report a toy-related injury or death as set forth herein shall be referredby the Director to the attention of the State Board of Medical Examiners, or the State Board of Chiropractic Exam-iners, as applicable.13:45A-24.3 Toy recall notices(a) As used in this section, the following words shall have the following meanings:“Dealer” means a person who sells at retail a toy or other article intended for use by children. A dealer who sells atwholesale such toy or article shall, with respect to that sale, be considered the “distributor” of that item.
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53 “Director” means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety.“Distributor” means a person who sells at wholesale a toy or other article intended for use by children, or a parentcompany which purchases said items and distributes them to its authorized outlet stores.“Manufacturer” means a person who, under any name, manufactures or imports a toy or other article distributed in NewJersey. When the toy or other article is distributed or sold under a name other than that of the actual manufacturer of the toyor other article, the term “manufacturer” includes any person under whose name the toy or other article is distributed or sold.(b) Any manufacturer, distributor or dealer who, pursuant to any law or any regulation of the U.S. Consumer ProductSafety Commission, is required to give public notice or who voluntarily gives such notice, with regard to a defect orhazard in any toy or other article intended for use by children, shall at the same time notify the Director, in writing,at the following address:Executive DirectorOffice of Consumer ProtectionP.O. Box 45025124 Halsey StreetNewark, New Jersey 07101Tel. (973) 504-6257(c) A dealer shall maintain a record of receipt of toy recall notices, including the date of receipt, and shall make itavailable upon request to a representative of the Office of Consumer Protection.(d) A dealer who is notified by a manufacturer, a distributor, or the U.S. Consumer Product Safety Commission of adefective or hazardous toy or other article intended for use by children shall, if the dealer has carried or normallycarries such item, prominently display that notification for at least 120 days after its receipt on each premises wherethe toy or article was sold or would normally be sold, as follows:1.Each notification shall be displayed at the principal entrance of the store, or in the cash register area, or in alocation elsewhere that is readily accessible to the public. Notifications shall be placed so that they can beeasily read by adult persons of average height and normal vision. No structures, furniture, boxes, merchandise,packaging material, etc., shall impede access to the display of notifications.(e) The Director shall publish and disseminate to the public, at least quarter-annually, a summary of toys and other itemsintended for use by children, which items have been found to be defective or hazardous. The summary shall bedrawn from findings of the U.S. Consumer Product Safety Commission and voluntary notices from manufacturers ordistributors. In addition, the Director shall alert the public about particular toys or items, as warranted from time totime.(f) Failure to comply with any requirement ofthis section shall be deemed a violation of the Consumer Fraud Act,N.J.S.A. 56:8-2 et seq.13:45A-24.4 Bicycle safety notices(a) A bicycle safety statement promoting the use of helmets shall be prominently affixed to every new or used bicycleoffered to be sold or sold at retail by a person in the business of selling bicycles. The statement shall be attached tothe seat, handlebar or, if in the form of a decal, to the top tube of the bicycle or, if unassembled, prominently printedon or firmly attached to the outside of the box or carton containing the unassembled bicycle.(b) The statement may be in the form of the warning card, “This Bike is Missing One Part,” designed by the New JerseyCoalition for Prevention of Developmental Disabilities, available from:The New Jersey Coalition for Prevention of Developmental Disabilities985 Livingston AvenueNorth Brunswick, New Jersey 08902Tel. (908) 246-2525Alternatively, the statement promoting the use of bicycle helmets may be in the form of a tag, notice, or decaldesigned by the bicycle supplier or retailer, provided the wording is clear and concise, appears in no less than20-point type if in the form of a tag or notice and no less than 18-point type if in the form of a decal, and is printedin boldface capital letters, in color contrasting with the background. The tag or notice shall be made of cardboard,
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54 durable paper or plastic, and shall be no smaller than four inches by six inches if in the form of a tag or notice and noless than one by two inches if in the form of a decal; it may be covered by transparent plastic but shall not beobscured.(c) A statement promoting the use of bicycle helmets that is contained within the text of the owner’s manual, shall notsatisfy the requirement.SUBCHAPTER 25.SELLERS OF HEALTH CLUB SERVICES13:45A-25.1 “Health club” defined(a) The term “health club” shall include any establishment which:1.Devotes at least 40 percent of its facility to the preservation, maintenance, encouragement or basic developmentof physical fitness or physical well-being through physical exercise; and2.Where patron use is predominantly at will (that is, usage is permitted whenever the establishment is open orduring specified time periods, such as “weekends”, “weekdays”, “mornings”, etc.).(b) The term “health club” shall not include a single focus establishment/facility that is devoted to the development ofone particular physical skill, or activity or enjoyment of one specific sport. The following facilities are not subject tothe Act Regulating Sellers of Health Club Services, P.L. 1987, c. 238 (“Act”):1.Basic aerobic and “dance exercise” centers operating on a scheduled lesson or hourly basis;2.Children’s gyms (commercial play-spaces with trampolines and other gymnastic equipment) operating on ascheduled lesson or hourly basis;3.Martial arts schools (for example, karate institutes);4.Dancing schools (for example, ballet and jazz);5.Gymnastic schools operating on a scheduled lesson or hourly basis;6.Tanning salons (“sun studios”);7.Weight control centers;8.Metabolic and nutrition centers;9.Other single sport centers (for example, swim clubs, tennis clubs and racquetball clubs).(c) Health club facilities located in hotels, motels, condominiums, cooperatives, corporate offices or other businessfacilities and which charge fees comparable to other for-profit health clubs are subject to the Act unless usage islimited to guests, residents or employees at no charge or at nominal cost, in which event the facilities are not withinthe scope of the Act.13:45A-25.2 Registration; fees(a) Applicant(s) shall request information from the Health Club Coordinator, Office of Consumer Protection, Post Of-fice Box 45025, Newark, New Jersey 07101 regarding the initial registration of a facility; thereafter an applicationshall be forwarded to the applicant, along with a copy of the Act and a copy of all current rules.(b) Any person who offers for sale or sells health club services shall pay to the Director of the Division of ConsumerAffairs a registration fee of $300.00 every two years for each health club facility operated, $150.00 if paid during thesecond half of the biennial period.(c) Upon verification of the information submitted in the application, payment of the registration fee and posting of asecurity, if not exempt from that requirement pursuant to N.J.A.C. 13:45A-25.4, a Certificate of Registration and theNotice described in (e) below shall be issued to the facility. The Certificate of Registration and Notice shall bedisplayed in a prominent place at the main entrance of each health club facility.(d) Each contract for health club services shall contain, in the upper right-hand corner, the facility’s Certificate ofRegistration number.(e) The following shall be the text of the Notice to be provided by the Division to each registered facility:
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55 NOTICEThis facility is registered as a seller of health club services by the State of New Jersey, Departmentof Law and Public Safety, Division of Consumer Affairs, 124 Halsey Street, Newark, New Jersey07102. Such registration does not mean that this facility has been approved or endorsed by thatagency. Patrons are advised that under New Jersey law, facilities offering contracts for healthclub services for longer than a three-month period must post with the Division of ConsumerAffairs security against failure to provide such services.(f) A registrant may note in advertising that it is a registered health club; however, a registrant shall not state or implythat the facility has been approved or endorsed by the Division.(g) All registrations shall expire every two years on the 10th day of February.13:45A-25.3 Exemption from registration(a) Where a facility claims exemption from registration because less than 40 percent of its square footage is devoted tohealth club services, the facility shall calculate the 40 percent square footage on the basis of the total indoor squarefootage of the establishment including the exercise equipment area(s), sauna(s), swimming pool(s), locker facilitiesand shower areas. The facility shall return a completed application form to the Division of Consumer Affairs alongwith documentation of the “less than 40 percent” claim, which shall include:1.A schematic drawing noting the dimensions and use of each area of the facility;2.A list of the various rooms/spaces with the total square footage of each room/space;3.A statement of the total square footage of the facility; and4.Two sample advertisements or brochures if any have been published by the facility within a three month periodprior to the date documentation is filed.(b) If, after the filing of the claim of exemption from registration, a facility makes an internal or external change inspace allocation which changes the relationship of the health club services area to the total premises, the facility shallfile a revised schematic diagram with the Division. This filing shall be made no later than 90 days after the datewhen the change in space allocation is completed.(c) A claim of exemption from registration because less than 40 percent of the facility’s square footage is devoted tohealth club services shall be subject to on-site verification at the discretion of the Director of the Division.13:45A-25.4 Exemption from security requirementA separate Declaration of Exemption from Security Requirement shall be filed for each facility claiming exemption fromthe bond/letter of credit/security requirement of N.J.S.A. 56:8-41 because its membership contracts are for a period no longerthan three months. When the Declaration of Exemption from Security Requirement is filed, it must be accompanied by acopy of a written contract as proof that the contract duration is for a period of no longer than three months. The Declarationof Exemption from Security Requirement shall be available upon request from the Health Club Coordinator, Office ofConsumer Protection, Post Office Box 45025, Newark, NJ 07101.13:45A-25.5 Documentation of maintenance of securityEach establishment which has posted a bond as security shall maintain complete and accurate records relating to thebond and premium payments made thereon. Each establishment which has posted a letter of credit or provided other securityacceptable to the Director of the Division shall maintain complete and accurate records relating to those items. These recordsshall be available on the premises of the establishment for review by the Director or his or her designated representative onany operating day.13:45A-25.6 Violations; sanctionsWithout limiting the prosecution of any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A.56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions contained in the ConsumerFraud Act.
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56 SUBCHAPTER 26.AUTOMOTIVE DISPUTE RESOLUTION13:45A-26.1 Purpose and scope(a) The purpose of this subchapter is to implement the Lemon Law, P.L. 1988, c.123, by establishing an automotivedispute resolution system within the Division of Consumer Affairs in conjunction with the Office of AdministrativeLaw. The subchapter also sets forth the method of refund computation, and details the reporting requirements andprocedure for publication of compliance records of manufacturers of motor vehicles.(b) This subchapter is applicable to:1.All manufacturers of passenger cars and motorcycles registered, sold or leased in the State of New Jersey;2.All purchasers and lessees of passenger cars and motorcycles registered, sold or leased in the State of NewJersey; and3.Dealers servicing such vehicles whether their service facilities are located within or outside of the State.13:45A-26.2 DefinitionsAs used in this subchapter, the following words shall have the following meanings:“Days” means calendar days.“Director” means the Director of the Division of Consumer Affairs.“Dispute Resolution System” means a procedure established by the Division of Consumer Affairs and the Office ofAdministrative Law for the resolution of disputes regarding motor vehicle nonconformity(s) through summary administra-tive hearings.“Lemon Law” means P.L. 1988, c.123, an Act concerning new motor warranties and repealing P.L. 1983, c.215, asamended by P.L. 1993, c.21.“Lemon Law Unit” (“LLU”) means the administrative unit within the Division of Consumer Affairs that processesLemon Law matters.“Motor vehicle” means a passenger automobile or motorcycle as defined in N.J.S.A. 39:1-1, that is registered, sold orleased in the State of New Jersey, whether purchased, leased, or repaired in the State or outside the State.“Nonconformity” means a defect or condition which substantially impairs the use, value or safety of a motor vehicle.“OAL” means the Office of Administrative Law.“Out of service” means the number of days the defective motor vehicle is on the premises of a repair facility for thepurpose of repairing one or more nonconformities; delays caused by the consumer, such as a delay in picking up the motorvehicle from the facility after notification that it is ready, shall not be counted as days out of service.“Term of protection” means within the first 18,000 miles of operation or the two years following the original date ofdelivery of the motor vehicle to the consumer, whichever is the earlier date.“Title” means the certificate of ownership of a motor vehicle.13:45A-26.3 Statements to consumer; other notices(a) At the time of purchase or lease of a motor vehicle in the State of New Jersey, the manufacturer, through its dealer orlessor, shall provide the following written statement directly to the consumer on a separate piece of paper, in 10-pointbold-face type:“IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER NEW JERSEY LAWTO A REFUND OF THE PURCHASE PRICE OR YOUR LEASE PAYMENTS. FOR COMPLETE INFORMA-TION REGARDINGYOUR RIGHTSAND REMEDIES UNDER THE RELEVANT LAW, CONTACT THE NEWJERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS, LEMONLAW UNIT, AT POST OFFICE BOX 45026, NEWARK, NEW JERSEY 07101, TEL. NO. (973) 504-6226.”The manufacturer, through its dealer or lessor, shall maintain a record substantiating compliance with this sectionand shall make the record available to the Division upon request.
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57 (b) If a motor vehicle is returned to the manufacturer under the provisions of the Lemon Law or a similar statute ofanother state or as the result of a legal action or an informal dispute settlement procedure, the motor vehicle shall notbe resold or released in New Jersey unless the following steps are taken:1.Immediately upon receipt of the vehicle, the manufacturer, its agent, or a dealer who accepts the vehicle shallcause the words “R--RETURNED TO MANUFACTURER UNDER LEMON LAW OR OTHER PROCEED-ING” to be clearly and conspicuously stamped on the face of the original certificate of title, the manufacturer’sstatement of origin, or other evidence of ownership.2.Within 10 days of receipt of the vehicle, the manufacturer, its agent, or a dealer who accepts the vehicle shallsubmit a copy of the stamped document to the Special Title Section of the Division of Motor Vehicles toindicate that title to the vehicle shall be permanently branded.3.The manufacturer shall provide to the dealer or lessor, and the dealer or lessor shall provide to the consumerprior to the resale or release of the motor vehicle a copy for the consumer’s records of the following statementon a separate piece of paper, in 10-point boldface type:NOTICE OF NONCONFORMITY“IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSEIT DID NOT CONFORM TO THE MANUFACTURER’S WARRANTYAND THE NONCON-FORMITY WAS NOT CORRECTED WITHIN A REASONABLE TIME AS PROVIDED BYLAW.”(This notice is required under the New Jersey “Lemon Law”, N.J.S.A. 56:12-1 et seq., for vehicles that havebeen replaced or repurchased by the manufacturer as the result of any one of the following: a court judgment,or a final decision pursuant to a hearing or settlement by the Office of Administrative Law, or an arbitrationproceeding between the manufacturer or its agent and a consumer.)4.Upon delivery to the consumer of the statement in (b)3 above the dealer or lessor shall obtain from the con-sumer a signed receipt, on a separate sheet of paper, which shall state the following, in underlined 10-pointboldface type:“I ACKNOWLEDGE RECEIPT OF NOTICE OF NONCONFORMITY OF THIS VEHICLE,VIN NO. __________ AS REQUIRED BY N.J.S.A. 56:12-35 (THE ‘LEMON LAW’).”Alternatively, the dealer or lessor may fulfill this requirement by making the following notation in underlinedboldface type on the front page of the vehicle buyer order form or the lease form:“NOTICE OF NONCONFORMITY OF THIS VEHICLE, VIN NO. __________, HAS BEENPROVIDED TO THE PURCHASER OR LESSEE,AS REQUIRED BY N.J.S.A. 56:12-35 (THE‘LEMON LAW’).”5.The manufacturer, dealer or lessor shall notify the Special Title Section of the Division of MotorVehicles of theresale or release of the vehicle by requesting transfer of the branded title to the new owner or lessor, in writing.(c) Each time a consumer’s motor vehicle is returned from being examined or repaired during the term of protection, themanufacturer through its dealer shall provide to the consumer an itemized, legible statement of repair which indi-cates any diagnosis made and all work performed on the vehicle; the statement of repair shall provide at least thefollowing information:1.A description or identification of the problem reported by the consumer or an identification of the defect orcondition;2.A specific description of the repair work performed.3.The amount charged for parts and the amount charged for labor, if paid by the consumer;4.The date and the odometer reading when the vehicle was submitted for repair; and5.The date and the odometer reading when the vehicle was made available to the consumer.(d) Failure to comply with the provisions of this section shall be a violation of the Consumer FraudAct, N.J.S.A. 56:8-1et seq.
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58 13:45A-26.4 Lemon Law Unit(a) There is established within the Division of Consumer Affairs a section processing Lemon Law matters, to be knownas the Lemon Law Unit (LLU).(b) The Lemon Law Unit shall upon request provide consumers with a brochure setting forth:1.Information regarding a consumer’s rights and remedies under the relevant law; and2.The procedure to be followed in order to participate in the various dispute resolution systems.(c) All correspondence by consumers or manufacturers to the Division of Consumer Affairs regarding Lemon Lawmatters shall be directed to the attention of the Lemon Law Unit, as follows:Division of Consumer AffairsLemon Law UnitPost Office Box 45026Newark, New Jersey 07101Telephone (973) 504-622613:45A-26.5 Preliminary steps(a) To initiate a claim under the Lemon Law, written notification of the potential claim must be sent certified mail, returnreceipt requested, by or on behalf of a consumer, to the manufacturer of a nonconforming motor vehicle if either ofthe following occurs during the first 18,000 miles of operation or within 24 months after the date of original delivery,whichever is earlier:1.Substantially the same nonconformity has been subject to repair two or more times by the manufacturer or itsdealer and the nonconformity continues to exist; or2.The motor vehicle has been out of service by reason of repair for one or more nonconformities for a cumulativetotal of 20 or more days since the original delivery of the motor vehicle, and a nonconformity continues to exist.(b) The manufacturer by law has one more opportunity to repair or correct the nonconformity within 10 days followingreceipt of notification from the consumer of a potential claim; if the nonconformity continues to exist after expira-tion of the 10-day time period and the manufacturer refuses to replace or refund the price of the vehicle, the criterianecessary to pursue a Lemon Law claim have been met. The consumer may then:1.Refer the matter to the manufacturer for resolution through the manufacturer’s informal dispute settlementprocedure;2.Refer the matter to the LLU for dispute resolution; or3.File an action in the Superior Court. Any party to an action asserting a claim, counterclaim or defense basedupon violations of the Lemon Law shall mail a copy of the initial or responsive pleading containing the claim,counterclaim or defense to the Attorney General within 10 days after filing the pleading with the court.13:45A-26.6 Eligibility(a) To be eligible for the Dispute Resolution System, a consumer must provide the following items to the LLU bycertified mail, return receipt requested:1.A photocopy of the consumer’s notification to the manufacturer of a potential claim; and2.A completed Application for Dispute Resolution; the form will be supplied upon request by the LLU.(b) During any periods when forms are not available, any written request for dispute resolution shall be accepted by theLLU provided all information, items and statements listed in N.J.A.C. 13:45A-26.7 are included.(c) A consumer is eligible for dispute resolution by the Division as to a specific motor vehicle only once; no furtherapplications from that consumer relating to the same motor vehicle will be accepted if a final decision has beenrendered pursuant to N.J.A.C. 13:45A-26.12(b).
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59 13:45A-26.7 Application(a) Application for dispute resolution shall require submission of the following:1.Information as follows:i.The name and address of the consumer and lienholder, if any;ii.The date of original delivery of the motor vehicle to the consumer;iii. The mileage on the date the nonconformity was first reported to the manufacturer or its dealer; andiv. The mileage on the date the application is mailed back to LLU.2.A written account of the events resulting in the dispute, including description of the claimed nonconformity(s)and a chronology of the repair attempts.3.A photocopy of the notification of a potential claim sent by or on behalf of the consumer to the manufacturerafter two or more attempts to repair or 20 calendar days out of service, and a photocopy of the return receiptsigned by the manufacturer’s agent.4.Photocopies of the statements of repair required by section 6(b) of the Lemon Law, to be given to the consumerby the manufacturer through its dealer, each time a motor vehicle is returned from being examined or repaired.5.Photocopies of the agreement of sale or lease, including any stated credit or allowance for the consumer’s usedmotor vehicle, the receipt for payment of any options or other modifications arranged, installed or made by themanufacturer or its dealer within 30 days after the date of original delivery, receipts for any other charges orfees including but not limited to:i.Sales tax;ii.License and registration fees;iii. Finance charges;iv. Towing;v.Rental of a motor vehicle equivalent to the consumer’s motor vehicle for the period when the consumer’smotor vehicle was out of service due to a nonconformity; andvi. Any other documents related to the dispute.(b) The application must contain a statement as to the following:1.That the consumer believes the motor vehicle’s use, market value or safety is substantially impaired by thenonconformity(s) complained of;2.That the nonconformity(s) complained of is not the result of abuse, neglect, or unauthorized modifications ofthe motor vehicle by anyone other than the manufacturer or its dealer;3.That within the term of protection the manufacturer, its agent or authorized dealer failed in at least two attemptsto correct the same substantial defect, or the vehicle was out of service by reason of repair for at least 20 days;4.That within the term of protection the consumer gave the manufacturer written notification by certified mail,return receipt requested, of a potential claim pursuant to the Lemon Law, section 5(b); and5.That within the term of protection:i.The consumer gave the manufacturer or its dealer at least three attempts (including the post-notificationattempt) to repair substantially the same nonconformity and the nonconformity continues to exist; orii.The vehicle was out of service by reason of repair for one or more nonconformities for a cumulative total of20 or more days since the original delivery of the motor vehicle, the manufacturer has been given the post-notification opportunity to repair, and a nonconformity continues to exist.
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60 13:45A-26.8 Filing fee(a) A consumer whose application for dispute resolution is accepted by the Division shall pay a filing fee of $50.00 bycertified check or money order payable to the “New Jersey Division of Consumer Affairs”. The filing fee shall benonrefundable but is recoverable as a cost if the consumer prevails.(b) The filing fee shall be requested by the LLU when it has determined that the consumer’s application is complete andthat it complies with this subchapter and the Lemon Law.13:45A-26.9Processing of applications(a) Submitted applications shall be reviewed by the LLU for completeness and compliance with the Lemon Law andthis subchapter.1.Incomplete applications shall be promptly returned for completion to the consumer.2.Applications not in compliance with this subchapter and the Lemon Law (including but not limited to therequired number of repair attempts or the number of days out of service) will be rejected. The reason for therejection will be sent to the consumer. No judgment will be made by the LLU as to whether the claimeddefect(s) are substantiated by the evidence or whether they substantially impair the use, market value or safetyof a motor vehicle.(b) Upon receipt of the filing fee of $50.00, the application shall be date-stamped to indicate its acceptance for disputeresolution.13:45A-26.10 Notification and scheduling of hearings(a) Within 10 days after the effective date of this subchapter, each manufacturer of motor vehicles sold or leased in NewJersey shall forward to the Division of Consumer Affairs, Lemon Law Unit, the name, address, and telephone num-ber of the person designated by the manufacturer to receive notices under this dispute resolution process. It shall bethe duty of the manufacturer to update this information, as necessary.(b) On the day that an application is accepted for resolution by the LLU, a notice shall be sent by certified mail, returnreceipt requested by the LLU to the consumer and manufacturer’s designee. This notice shall indicate that theconsumer’s request for resolution has been accepted, and shall provide general information about the resolutionprocess.(c) The LLU shall immediately thereafter refer an accepted application for dispute resolution to the OAL and arrange ahearing date acceptable to all parties. The dispute resolution shall be conducted as a contested case by the OAL inaccordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., the Uniform Administrative Proce-dure Rules, N.J.A.C. 1:1, and Special Rules, N.J.A.C. 1:13A.(d) The date of the hearing shall be no later than 20 days from the date of the notice of acceptance unless a later date isagreed to by the consumer.(e) Notice of the date, time, and location of the hearing shall be mailed by the OAL to both parties.(f) A copy of the application materials shall be sent by the LLU simultaneously with the notice of acceptance of theapplication, to the manufacturer’s designee. Within 10 days of the notice of acceptance of the consumer’s applica-tion for dispute resolution, the manufacturer shall mail by certified mail, return receipt requested, to the consumerand to the Clerk of the Office of Administrative Law at 185 Washington Street, Newark, New Jersey 07102, aresponse to each of the statements set forth in the consumer application.(g) Applications by the consumer or the manufacturer with consent of the consumer for adjournments or rescheduling ofthe hearing shall be made in accordance with N.J.A.C. 1:1-9.6.13:45A-26.11 Computation of refund(a) The refund claimed by a consumer pursuant to section 4(a) of the Lemon Law, whether through the Division ofConsumer Affairs automotive dispute resolution system or a manufacturer’s informal dispute resolution process,shall include:1.The total purchase or lease price of the motor vehicle including finance charges, sales tax, license fees, registra-tion fees, and any stated credit or allowance for the consumer’s used motor vehicle, provided that:
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61 i.The full refund of purchase price that may be claimed by a consumer under section 4(a) shall not include anyportion of a stated credit or allowance for the consumer’s used motor vehicle that grossly exceeds the truevalue of the consumer’s used motor vehicle.ii.During the Office of Administrative Law hearing, a manufacturer may challenge the stated credit or allow-ance for the consumer’s used motor vehicle. The manufacturer shall bear the burden of proof, and shallprovide evidence that the purchase price included a trade-in allowance grossly disproportionate in amountto the true value of the consumer’s used motor vehicle. Such evidence shall include, but not be limited to,the value of the motor vehicle as listed in the N.A.D.A. Official Used Car Guide.2.The cost of any options or other modification arranged, installed or made by the manufacturer or its dealerwithin 30 days after the date of original delivery.3.Other charges or fees, including, but not limited to:i.Reimbursement for towing, if any;ii.Reimbursement for actual expenses incurred by the consumer for the rental of a motor vehicle equivalent tothe consumer’s motor vehicle for the period during which the consumer’s motor vehicle was out of servicedue to a nonconformity;iii. Filing fee for participation in the Division’s dispute resolution system; andiv. Reimbursement for reasonable attorney’s fees, fees for reports prepared by expert witnesses, and costs.(b) From the total sum of the items in (a) above, a deduction shall be made, representing an allowance for vehicle use.This deduction shall be calculated as follows:1.Multiply the mileage at the time the consumer first presented the motor vehicle to the dealer or manufacturerfor correction of the nonconformity(s) in question by the total purchase price of the vehicle (or the total leaseprice, if applicable), then divide by 100,000 miles.13:45A-26.12 Final decision(a) The Director shall review the OAL proposed decision submitted by the administrative law judge who conducts theadministrative hearing and shall adopt, reject, or modify the decision no later than 15 days after receipt.(b) At the conclusion of the 15-day review period, the Director shall mail notification of the rejected, modified oradopted decision to both parties, the lien-holder, if any, the OAL, and, if the vehicle in question is to be returned tothe manufacturer, the Special Title Section of the DMV. The mailing to the manufacturer and consumer shall be bycertified mail, return receipt requested. Within 45 days of receipt of the final decision, any party may file an appealin the Appellate Division of the Superior Court.(c) The manufacturer shall advise the Director as to its compliance with the final decision no later than 10 days follow-ing the date stated for completion of all awarded remedies.(d) If the manufacturer unreasonably fails to comply with the decision within the specified time period, the manufac-turer shall be liable for penalties in the amount of $5000 for each day the manufacturer unreasonably fails to comply,commencing on the day after the specified date for completion of all awarded remedies.13:45A-26.13 Appeals(a) A manufacturer or a consumer may appeal a final decision to the Appellate Division of Superior Court; a notice ofappeal must be filed with the Director no later than 45 days after the date of the final decision as defined in N.J.A.C.13:45A-26.12(b).(b) An appeal by a manufacturer shall not be heard unless the notice of appeal is accompanied by a bond which shall be:1.For a principal sum equal to the money award made by the administrative law judge, plus $2500 for anticipatedattorney’s fees and other costs;2.Secured by cash or its equivalent; and3.Payable to the consumer.
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62 13:45A-26.14 Manufacturer’s reporting requirements(a) The LLU shall compile a roster of American and foreign manufacturers of passenger automobiles and motorcyclesregistered, sold or leased in New Jersey.(b) Manufacturers who establish or participate in an informal dispute settlement procedure shall within 30 days after theeffective date of this subchapter:1.Advise the LLU of the existence of its informal dispute settlement procedure; and2.Send the LLU an outline of the steps that a consumer must take in order to participate in the manufacturer’sinformal dispute resolution procedure; the information shall include all necessary addresses and phone num-bers.(c) On January 15 and July 15 of every year, the LLU shall mail a questionnaire by certified mail, return receipt re-quested, to every manufacturer on the roster compiled pursuant to (a) above, requesting the following information:1.Any and all informal dispute settlement procedures utilized by the manufacturer. If the informal dispute settle-ment procedure is an in-house customer assistance mechanism or private arbitration or private buy-back pro-gram instituted by the manufacturer, the information provided shall include the reasons for establishing andmaintaining such programs.2.The number of purchase price and lease price refunds requested, the number awarded by any dispute settlementbody or other settlement procedure identified in (c)1 above, the amount of each award and the number ofawards satisfied in a timely manner.3.The number of awards in which additional repairs or a warranty extension was the remedy, the amount or valueof each award, and the number of awards satisfied in a timely manner;4.The number and total dollar amount of awards in which some form of reimbursement for expenses or compen-sation for losses was the remedy, the amount or value of each award and the number of awards satisfied in atimely manner;5.The average number of days from the date of a consumer’s initial request to use the manufacturer’s informaldispute settlement procedure until the date of the decision and the average number of days from the date of thedesign to the date on which performance of the award was satisfied; and6.Alist of all motorvehicles andtheirVehicle Identification Numbers stampedwith “R--RETURNEDTO MANU-FACTURER UNDER LEMON LAW OR OTHER PROCEEDING,” which have been reported to the MRSSpecial Title Section during the previous six months.(d) Failure of the manufacturer to return the completed questionnaire to the LLU within 60 days of receipt shall be aviolation of this subchapter and the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.13:45A-26.15 Index of disputes(a) The Division of ConsumerAffairs shall maintain an index of all motor vehicle disputes by make and model and shallcompile and maintain statistics indicating the record of manufacturer compliance with any settlement proceduredecisions.(b) The initial index and statistical record of compliance shall be made available to the public on July 1, 1990 and everysix months thereafter.SUBCHAPTER 26A. MOTOR VEHICLE ADVERTISING PRACTICES13:45A-26A.1 ScopeWithout limiting any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A. 56:8-1 et seq., therules contained in this subchapter set forth motor vehicle advertising practices which are prohibited as unlawful under theConsumer FraudAct; the rules also include mandatory disclosure in advertisements of certain information relating to adver-tised motor vehicles as well as on-site disclosures relating to advertised motor vehicles.
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63 13:45A-26A.2 Application(a) These rules shall apply to the following advertisements:1.Any advertisement, including radio and television broadcasts, uttered, issued, printed, disseminated, published,circulated or distributed within this State concerning motor vehicles offered for sale or lease at locations exclu-sively within this State; and2.Any advertisement, including radio and television broadcasts, uttered, issued, printed, disseminated, published,circulated or distributed to any substantial extent within this State concerning motor vehicles offered for sale orlease at locations within this State and outside this State, or at locations exclusively outside the State.13:45A-26A.3 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly indicates otherwise.“Advertised motor vehicle” means any new or used motor vehicle offered for sale or lease and specifically identified byan advertised price. With respect to an advertisement which offers a group of new or used vehicles for sale or lease coveringa specified price range (for example, “1995 Metros for sale-- $10,000 to 12,999,” or “Lease a new Olds for $298 a month andup.”), the least expensive motor vehicle in that advertised range is considered to be an advertised motor vehicle.“Advertised price” means the dollar amount required to purchase or lease a motor vehicle, advertised as:1.The total price; or2.The monthly payment price; or3.The deferred payment price; or4.A specific discount or savings on the manufacturer’s suggested retail price.“Advertisement” means any advertisement as defined by N.J.S.A. 56:8-1(a) of any motor vehicle including any state-ment appearing in a newspaper, periodical, pamphlet, circular, or other publication, paper, sign or radio or television broad-cast which offers a motor vehicle for sale or lease at retail.“Advertiser” means any person as defined by N.J.S.A. 56:8-1(d) who in the ordinary course of business is engaged in thesale, leasing or financing of motor vehicles at retail or who in the course of any 12 month period offers more than three motorvehicles for sale or lease or who is engaged in the brokerage of motor vehicles whether for sale or lease and who causes anadvertisement to be made for the retail sale or lease of motor vehicles. An advertising agency and the owner or publisher ofa newspaper, magazine, periodical, circular, billboard or radio or television station acting on behalf of an advertiser shall bedeemed an advertiser within the meaning of this subchapter, when the agency or owner’s or publisher’s staff prepares andplaces an advertisement for publication. The agency, owner, or publisher shall not be liable for a violation of this subchapterwhen reasonably relying upon data, information or material supplied by the person for whom the advertisement is preparedor placed or when the violation is caused by an act, error or omission beyond the preparer’s control, including but not limitedto, the post-publication performance of the person on whose behalf such advertisement was placed.“Broker” means a person who in the course of any 12 month period arranges or offers to arrange the retail sale or leaseof more than three motor vehicles from the inventory of other business entities.“Closed-end lease” means a lease in which the lessee is not responsible for the value of the motor vehicle at the end of thelease term unless there is excessive damage, wear and tear, or mileage.“Dealer” means any person who in the ordinary course of business is engaged in the sale or leasing of motor vehicles atretail or who in the course of any 12-month period offers more than three motor vehicles for sale or lease at retail.“Demo” means a motor vehicle used exclusively by a dealer or dealer’s employee that has never been titled and to whichthe new vehicle warranty still applies.“Dealer-installed option” means optional equipment installed by the dealer at an additional cost.“Lease” means a contract for the use of a motor vehicle for a period of time exceeding four months whether or not thelessee may become the owner of the motor vehicle at the expiration of the lease.“Lessee” means a person as defined in the Consumer Fraud Act, N.J.S.A. 56:8-1(d), who leases a motor vehicle from abroker or dealer.
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64 “Open-end lease” means a lease in which the lessee may owe additional amounts that is, a “balloon” payment, dependingon the value of the motor vehicle at the end of the lease term.“Monroneylabel” isthe label requiredbySection3oftheAutomobile InformationDisclosureAct, 15U.S.C. §§1231-1233.“Motor vehicle” means any vehicle driven otherwise than by muscular power, excepting such vehicles as those whichrun only upon rails or tracks.“MSRP” means the manufacturer’s suggested retail price.“Period of publication” means the time period between 48 hours prior to the date of first publication of an advertisementand midnight of the third business day following the date of final publication; in the case of a special offer, the period ofpublication shall extend until midnight of the date the special offer ends.“Person” means a person as defined in the Consumer Fraud Act, N.J.S.A. 56:8-1(d).“Rebate” means any payment of money by the manufacturer to or on behalf of a consumer who has bought or leased amotor vehicle, whether called “rebate”, “factory rebate”, “cash back”, “money back”, or a term of similar import.“Sale” means a sale as defined by N.J.S.A. 56:8-1(e) of any motor vehicle.“Special offer” means any advertisement of a reduction from the usual selling price for an applicable time period,whether called “sale”, “sale days”, “bargain”, “bargain days”, “special offer”, “discount”, “reduction”, “clearance”, “pricesslashed”, “special savings”, or a term of similar import.“Taxes, licensing costs and registration fees” means those usual taxes, charges and fees payable to or collected on behalfof governmental agencies and necessary for the transfer of any interest in a motor vehicle or for the use of a motor vehicle.“Used motor vehicle” means any motor vehicle with an odometer reading of greater than 1,000 miles, except for a“demo”.13:45A-26A.4 Bait and switch(a) The following motor vehicle advertising practices constitute “bait and switch” and are prohibited and unlawful:1.The advertisement of a motor vehicle as part of a plan or scheme not to sell or lease it or not to sell or lease it atthe advertised price.2.Without limiting other means of proof, the following shall be prima facie evidence of a plan or scheme not tosell or lease a motor vehicle as advertised or not to sell or lease it at the advertised price:i.Refusal to show, display, sell, or lease the advertised motor vehicle in accordance with the terms of theadvertisement, unless the vehicle has been actually sold or leased during the period of publication; in thatcase, the advertiser shall retain records of that sale or lease for 180 days following the date of the transaction,and shall make them available for inspection by the Division of Consumer Affairs.ii.Accepting a deposit for an advertised motor vehicle, then switching the purchaser to a higher-priced motorvehicle, except when the purchaser has initiated the switch as evidenced by a writing to that effect signed bythe purchaser.iii. The failure to make delivery of an advertised motor vehicle, then switching the purchaser to a higher-pricedmotorvehicle; except whenthepurchaserhas initiatedthe switchas evidenced bya writingto that effectsignedby the purchaser.13:45A-26A.5 Advertisements; mandatory disclosure requirements in all advertisements for sale(a) In any advertisement in which an advertiser offers a new motor vehicle for sale at an advertised price, the followinginformation must be included:1.The advertiser’s business name and business address;2.A statement that “price(s) include(s) all costs to be paid by a consumer, except for licensing costs, registrationfees, and taxes”. If this statement appears as a footnote, it must be set forth in at least 10 point type. Forpurposes of this subsection, “all costs to be paid by a consumer” means manufacturer-installed options, freight,transportation, shipping, dealer preparation, and any other costs to be borne by a consumer except licensingcosts, registration fees, and taxes;
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65 3.The manufacturer’s suggested retail price as it appears on the Monroney label, clearly denominated by usingthe abbreviation “MSRP”;4.The year, make, model, and number of engine cylinders of the advertised motor vehicle;5.Whether the transmission is automatic or manual; whether the brakes and steering mechanism are power ormanual; and whether the vehicle has air conditioning, unless those items are standard equipment on the adver-tised motor vehicle. This provision shall not apply to advertisements for motorcycles;6.The last eight digits of the vehicle identification number, preceded by the letters “VIN”. This provision shallnot apply to radio and television broadcasts, or to advertisements for motorcycles;7.A list of any dealer installed options on the advertised motor vehicle and the retail price of each, as determinedby the dealer.(b) In any advertisement offering for sale a used motor vehicle at an advertised price, the information described in (a)1,2, 4, 5 and 6 above must be included, as well as the following additional information:1.The actual odometer reading as of the date the advertisement is placed for publication; and2.The nature of prior use unless previously and exclusively owned or leased by individuals for their personal use,when such prior use is known or should have been known by the advertiser.(c) In any advertisement offering a “demo” for sale, the information listed in (a) above must be included, as well as:1.Identification as a “demo”; and2.The actual odometer reading as of the date the advertisement is placed for publication.(d) It shall be an unlawful practice to fail to include the information required by this section.13:45A-26A.6 Advertisements: mandatory disclosure in advertisements for lease of a new or used motor vehicle(a) In any advertisement offering a new or used motor vehicle for lease, at an advertised price, the following informationshall be included:1.That the transaction advertised is a lease;2.The amount of any payment required at the inception of the lease or that no payment is required if that is thecase;3.The number, amounts, due dates or periods of scheduled payments and the total of such payments under thelease;4.A toll-free number that may be used by consumers to obtain the information required under (f) below; and5.The business name and, if an individual dealer, the address of the advertiser.(b) In all written advertisements the information required in (a) above shall be prominently displayed in at least 10 pointtype and shall be easy to find, read and understand.(c) If the advertiser elects to use a full disclosure format in a written advertisement, then the information in (f) belowshall be prominently displayed in at least 10 point type and must be easy to find, read and understand.(d) An advertisement which is not in writing shall clearly and audibly state the information in (a) above at a decibel levelequal to the highest decibel level used in the advertisement and at a speed equal to or slower than any other statementcontained in the advertisement. In a television broadcast, the information shall be prominently and conspicuouslydisplayed for at least five continuous seconds for each model advertised.(e) The toll free number required pursuant to (a)4 above shall be operational not later than the date on which theadvertisement is broadcast or published. The advertiser shall:1.Maintain the toll free number for 48 hours after the last day of the advertisement;2.Ensure that the toll free number is operational from 9:00 A.M. to 9:00 P.M. Monday through Saturday;3.Provide the information required under (f) below in a clear and audible manner, to any person who calls the tollfree number; and
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66 4.If requested, provide the information required under (f) below in written form to be mailed, postage paid, to theconsumer’s address.(f) Information provided through the use of a toll free telephone number shall include:1.The advertiser’s business name and address;2.Identification of the transaction as a lease;3.Whether or not the advertised price refers solely to a business lease;4.Whether it is an open-end or closed-end lease;5.The number, amounts, due dates or periods of scheduled payments and the total of such payments under thelease;6.All other itemized payments such as security deposits or capitalized cost reduction required at the initiation ofthe lease;7.The cost of the lease which shall include the sum of (f)5 and 6 above;8.The manufacturer’s suggested retail price as it appears on the Monroney label; when given in writing to theconsumer, clearly denominated by using the abbreviation “MSRP”;9.A statement that “price(s) include(s) all costs to be paid by the consumer, except for licensing, registration andtaxes.” When given in writing to the consumer, it must be set forth in at least 10 point type;10. Whether the lessee has the option to purchase the advertised motor vehicle and at what price and time; themethod of determining the price may be substituted for disclosure of the price;11. The amount (including termination charge, if any) or method of determining any liability imposed upon thelessee at the end of the term and a statement that the lessee shall be liable for the difference, if any, between theestimated value of the leased motor vehicle and its realized value at the end of the lease term, if the lessee hassuch liability;12. A statement of the items included as standard equipment on the advertised motor vehicle;13. Whether the transmission is automatic or standard; whether the brakes and steering mechanism are power ormanual and whether the vehicle has air conditioning, unless such items are included under (f)12 above. Thisprovision shall not apply to motorcycles;14. The year, make, model and number of engine cylinders of the advertised vehicle;15. The last eight digits of the vehicle identification number or “VIN.” This provision shall not apply to motor-cycles;16. If the advertised vehicle is a used vehicle, the actual odometer reading at the date of placing the advertisementfor publication; and the nature of prior use, unless previously and exclusively owned or leased by individualsfor their personal use, when such use is known or should have been known by the advertiser; and17. If the advertised vehicle is a “demonstration vehicle” or “demo,” identification of the vehicle as a “demonstra-tion vehicle” or “demo;” and the actual odometer reading at the date of placing the advertisement for publica-tion.(g) It shall be an unlawful practice to fail to include the information required by this section.13:45A-26A.7 Unlawful advertising practices(a) In any type of motor vehicle advertising, the following practices shall be unlawful:1.The use of any type size, location, lighting, illustration, graphic depiction or color so as to obscure or makemisleading any material fact;2.The setting forth of an advertised price which has been calculated by deducting a down payment, trade-inallowance or any deductions other than a manufacturer’s rebate and dealer’s discount;3.The setting forth of an advertised price which fails to disclose, adjacent to the advertised price, that it has beencalculated by deducting a manufacturer’s rebate or dealer’s discount;
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67 4.The failure to state all disclaimers, qualifiers, or limitations that in fact limit, condition, or negate a purportedunconditional offer (such as a low APR or high trade-in amount), clearly and conspicuously, next to the offerand not in a footnote identified by an asterisk. Such disclosure shall be made verbally in a radio or televisionadvertisement. Identical information pertaining to all motor vehicles in a group of advertised motor vehicles,however, may appear in a footnote, provided the type is no smaller than 10 point;5.The failure to state the applicable time period of any special offer, in at least 10-point type immediately adjacentto the special offer, unless the special offer is a manufacturer’s program;6.The use of the word “free” when describing equipment or other item(s) to be given to the purchaser or lessee ofa motor vehicle, if the “free” item has a value which has increased the advertised price. In using the word “free”in advertising, the advertiser shall comply with the Federal Trade Commission Rule, 16 CFR § 251, and anyamendments thereto;7.The failure to disclose that the motor vehicle had been previously damaged and that substantial repair or bodywork has been performed on it when such prior repair or body work is known or should have been known by theadvertiser; for the purposes of this subsection, “substantial repair or body work” shall mean repair or bodywork having a retail value of $1,000 or more;8.The use of the terms “Public Notice”, “Public Sale”, “Liquidation”, “Liquidation Sale”, or terms of similarimport, where such sale is not required by court order or by operation of law or by impending cessation of theadvertiser’s business;9.The use of terms such as “Authorized Sale”, “Authorized Distribution Center”, “Factory Outlet”, “FactoryAuthorized Sale”, or other term(s) which imply that the advertiser has an exclusive or unique relationship withthe manufacturer;10. The use, directly or indirectly, of a comparison to the dealer’s cost, inventory price, factory invoice, floor planbalance, tissue, or terms of similar import; or the claim that the advertised price is “wholesale” or “at noprofit”;11. The use of the terms “guaranteed discount”, “guaranteed lowest prices” or other term of similar import unlessthe advertiser clearly and conspicuously discloses the manner in which the guarantee will be performed and anyconditions or limitations controlling such performance; this information shall be disclosed adjacent to theclaim and not in a footnote;12. The use of the statement “We will beat your best deal”, or similar term or phrase if a consumer must produce acontract that the consumer has signed with another dealer or lessor in order to receive the “better” deal;13. The use of such terms or phrases as “lowest prices”, “lower prices than anyone else” or “our lowest prices of theyear”, or similar terms or phrases if such claim cannot be substantiated by the advertiser.13:45A-26A.8 Certain credit and installment sale advertisements(a) The following information must be stated in any credit and installment sale advertising. It must appear adjacent tothe description of the advertised motor vehicle and not in a footnote or headline unless the information is the samefor all motor vehicles advertised. If in a footnote, it must be in at least 10-point type. Failure to include thisinformation shall be an unlawful practice.1.The total cost of the installment sale, which shall include the down payment or trade-in or rebate, if any, plus thetotal of the scheduled periodic payments;2.The annual percentage rate;3.The monthly payment figure and the number of required payments; and4.The amount of any down payment or trade-in required or a statement that none is required.(b) The following motor vehicle advertising practices concerning credit and installment sale advertisements shall beunlawful:1.The advertising of credit, including but not limited to such terms as “easy credit” or “one-day credit”, other thanthat actually provided by the advertiser on a regular basis in the ordinary course of business;2.The use or statement of an installment payment on any basis other than a monthly basis.
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68 13:45A-26A.9 On-site disclosures(a) The following information relating to an advertised motor vehicle must be provided at the main entrance(s) to thebusiness premises where the motor vehicle is displayed or in proximity to the vehicle or on the vehicle itself:1.A copy of any printed advertisement that quotes a price for the sale or lease of that vehicle; alternatively, a tagmay be attached to the motor vehicle(s) stating the advertised price as well as the other information required inN.J.A.C. 13:45A-26A.5 or 26A.6.2.A fuel economy label, if required by the Motor Vehicle Information and Cost Savings Act, 15 U.S.C. § 2006;and3.The Used Car Buyers Guide, if required by the Federal Trade Commission’s Used Car Rule, 16 C.F.R. Part455.2.(b) A dealer shall not advertise a new motor vehicle which does not have the Monroney label, if required by the Automo-bile Information Disclosure Act, 15 U.S.C. §§ 1231-1233.(c) It shall be an unlawful practice to fail to comply with the disclosures required by this section.13:45A-26A.10 Record of transactions(a) An advertiser shall have a motor vehicle advertised for sale on premises and available for sale at the advertised priceduring the period of publication, or a record of the sale of that vehicle at the advertised price or less during thatperiod. An advertiser shall have a motor vehicle advertised for lease available for lease at the advertised price duringthe period of publication, or a record of the lease of that vehicle at the advertised price or less during that period.Such record shall consist of all applicable advertisements and a copy of the executed contract with the purchaser orlessee of the vehicle; this documentation shall be maintained for 180 days after the transaction and shall be madeavailable for inspection by the Division of Consumer Affairs.(b) If the motor vehicle is sold or leased during the period of publication, the advertiser must so notify consumers whoinquire by telephone or in person.(c) It shall be an unlawful practice to fail to comply with the requirements of this section.SUBCHAPTER 26B. AUTOMOTIVE SALES PRACTICES13:45A-26B.1 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings unless the contextindicates otherwise.“Automotive dealer” means any person as defined by N.J.S.A. 56:8-1(d) who in the ordinary course of business isengaged in the sale of motor vehicles at retail or who in the course of any 12 month period offers more than 3 motor vehiclesfor sale, lease, or rental, or who is engaged in the brokerage of motor vehicles whether for sale, lease, or rental;“Documentary service fee” means any monies or other thing of value which an automotive dealer accepts from a con-sumer in exchange for the performance of certain documentary services which include, but are not limited to, the preparationand processing of documents in connection with the transfer of license plates, registration, or title, and the preparation andprocessing of other documents relating to the sale of a motor vehicle to said consumer;“Pre-delivery service fee” means any monies or other thing of value which an automotive dealer accepts from a con-sumer in exchange for the performance of pre-delivery services upon a motor vehicle, and includes, but is not limited to,items which are often described or labeled as dealer preparation, vehicle preparation, predelivery service, handling anddelivery, or any other term of similar import;“Sales document” means the first document which an automotive dealer utilizes to evidence an order for, deposit to-wards, or contract for the purchase of a motor vehicle by a consumer, and includes but is not limited to, retail orders, salesinvoices, sales contracts, retail installment contracts, and other documents of similar import.
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69 13:45A-26B.2 Unlawful practices(a) Without limiting any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A. 56:8-1 et seq.,the following practices involving the sale of motor vehicles by automotive dealers shall be unlawful thereunder.1.With respect to pre-delivery service fees:i.Accepting, charging, or obtaining from a consumer monies, or any other thing of value, in exchange for theperformance of any pre-delivery service for which the automotive dealer receives payment, credit, or othervalue from any person or entity other than a retail purchaser of the motor vehicle;ii.Accepting, charging, or obtaining from a consumer monies, or any other thing of value, in exchange for theperformance of any pre-delivery service without first itemizing the actual pre-delivery service which isbeing performed and setting forth in writing on the sales document the price for each specific pre-deliveryservice;iii. Except in connection with the sale of used motor vehicles, failing to conspicuously place upon the front ofthe sales document which contains a pre-delivery service fee, in ten-point bold face type, the followingstatement:“You have a right to a written itemized price for each specific pre-delivery service which is to be performed. Theautomotive dealer may not charge for pre-delivery services for which the automotive dealer is reimbursed by the manufac-turer.”2.With respect to documentary service fees:i.Accepting, charging, or obtaining from a consumer monies, or any other thing of value, in exchange for theperformance of any documentary service without first itemizing the actual documentary service which isbeing performed and setting forth in writing on the sale document the price for each specific documentaryservice; orii.Representing to a consumer that a governmental entity requires the automotive dealer to perform any docu-mentary service;iii. Failing to conspicuously place upon the front of the sales document which contains a documentary servicefee, in ten-point bold face type, the following:“You have a right to a written itemized price for each specific documentary service which is to be performed.”SUBCHAPTER 26C. AUTOMOTIVE REPAIRS13:45A-26C.1 DefinitionsThe following words and terms, when used in this subchapter, shall have the following meanings, unless the contextclearly indicates otherwise.“Automotive repair dealer” means any person who, for compensation, engages in the business of performing or employ-ing persons who perform maintenance, diagnosis or repair services on a motor vehicle or the replacement of parts includingbody parts, but excluding those persons who engage in the business of repairing motor vehicles of commercial or industrialestablishments or government agencies, under contract or otherwise, but only with respect to such accounts.“Customer” means the owner or any family member, employee or any other person whose use of the vehicle is autho-rized by the owner.“Director” means the Director of the Division of Consumer Affairs.“Motor vehicle” means a passenger vehicle that is registered with the Division of MotorVehicles of New Jersey or of anyother comparable agency of any other jurisdiction, and all motorcycles, whether or not registered.“Repair of motor vehicles” means all maintenance and repairs of motor vehicles performed by an automotive repairdealer but excluding changing tires, lubricating vehicles, changing oil, installing light bulbs, batteries, windshield wiperblades and other minor accessories and services. No service or accessory to be installed shall be excluded for purposes ofthis rule if the Director determines that performance of the service or the installation of an accessory requires mechanicalexpertise has given rise to a high incidence of fraud or deceptive practices, or involves a part of the vehicle essential to itssafe operation.
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70 13:45A-26C.2 Deceptive practices; automotive repairs(a) Without limiting the prosecution of any other practices which may be unlawful under the Consumer Fraud Act,N.J.S.A. 56:8-1 et seq., the following acts or omissions shall be deceptive practices in the conduct of the business ofan automotive repair dealer, whether such act or omission is done by the automotive repair dealer or by any me-chanic, employee, partner, officer of member of the automotive repair dealer:1.Making or authorizing in any manner or by any means whatever any statement, written or oral, which is untrueor misleading, and which is known, or by which the exercise of reasonable care should be known, to be untrueor misleading.2.Commencing work for compensation without securing one of the following:i.Specific written authorization from the customer, signed by the customer, which states the nature of therepair requested or problem presented and the odometer reading of the vehicle; orii.If the customer’s vehicle is presented to the automotive repair dealer during other than normal workinghours or by one other than the customer, oral authorization from the customer to proceed with the requestedrepair or problem presented, evidenced by a notation on the repair order and/or invoice of the repairs re-quested or problem presented, date, time, name of person granting such authorization, and the telephonenumber, if any, at which said person was contacted.3.Commencing work for compensation without either:i.One of the following:(1) Providing the customer with a written estimated price to complete the repair, quoted in terms of anot-to-exceed figure; or(2) Providing the customer with a written estimated price quoted as a detailed breakdown of parts and labornecessary to complete the repair. If the dealer makes a diagnostic examination, the dealer has the rightto furnish such estimate within a reasonable period of time thereafter, and to charge the customer for thecost of diagnosis. Such diagnostic charge must be agreed to in advance by the customer. No cost ofdiagnosis which would have been incurred in accomplishing the repair shall be billed twice if the cus-tomer elects to have the dealer make the repair; or(3) Providing the customer with a written estimated price to complete a specific repair, for example, “valvejob”; or(4) Obtaining from the customer a written authorization to proceed with repairs not in excess of a specificdollar amount. For the purposes of this subchapter, said dollar amount shall be deemed the estimatedprice of repairs; or(5) If the customer waives his right to a written estimate in a written statement, signed by the customer,obtaining from the customer oral approval of an estimated price of repairs, evidenced by a notation onthe repair order or invoice of the estimated price of repairs, date, time, name of person approving suchestimate, and the telephone number, if any, at which such person was contacted; orii.If the customer’s vehicle is presented to the automotive repair dealer during other than normal workinghours or by one other than the customer, obtaining from the customer either:(1) A written authorization to proceed with repairs not in excess of a specific dollar amount. For the pur-poses of this subchapter, said dollar amount shall be deemed the estimated price of repairs; or(2) Oral approval of an estimated price of repairs evidenced by a notation on the repair order or invoice ofthe estimated price of repairs, date, time, name of person approving such estimate, and the telephonenumber, if any, at which such person was contacted.4.Failure to provide a customer with a copy of any receipt or document signed by him, when he signs it.5.Making deceptive or misleading statements or false promises of a character likely to influence, persuade orinduce a customer to authorize the repair, service or maintenance of a motor vehicle.6.Charging the customer for work done or parts supplied in excess of any estimated price given, without the oralor written consent of the customer, which shall be obtained after it is determined that the estimated price is
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71 insufficient and before the work not estimated is done or the parts not estimated are supplied. If such consent isoral, the dealer shall make a notation on the repair order and on the invoice of the date, time, name of personauthorizing the additional repairs and the telephone number called, if any, together with a specification of theadditional parts and labor and the total additional cost.7.Failure to return replaced parts to the customer at the time of completion of the work provided that the cus-tomer, before work is commenced, requests such return, and provided that the parts by virtue of their size,weight, or other similar factors are not impractical to return. Those parts and components that are replaced andthat are sold on an exchange basis, and those parts that are required to be returned by the automotive repairdealer to the manufacturer or distributor, are exempt from the provisions of this section.8.Failure to record on an invoice all repair work performed by an automotive repair dealer for a customer, item-izing separately the charges for parts and labor, and clearly stating whether any new, rebuilt, reconditioned orused parts have been supplied. A legible copy shall be given to the customer.9.The failure to deliver to the customer, with the invoice, a legible written copy of all guarantees, itemizing theparts, components and labor represented to be covered by such guaranty, or in the alternative, delivery to thecustomer of a guaranty covering all parts, components and labor supplied pursuant to a particular repair order.A guaranty shall be deemed false and misleading unless it conspicuously and clearly discloses in writing thefollowing:i.The nature and extent of the guaranty including a description of all parts, characteristics or properties cov-ered by or excluded from the guaranty, the duration of the guaranty and what must be done by a claimantbefore the guarantor will fulfill his obligation (such as returning the product and paying service or laborcharges);ii.The manner in which the guarantor will perform. The guarantor shall state all conditions and limitations andexactly what the guarantor will do under the guaranty, such as repair, replacement or refund. If the guarantoror recipient has an option as to what may satisfy the guaranty, this must be clearly stated;iii. The guarantor’s identity and address shall be clearly revealed in any documents evidencing the guaranty.10. Failure to clearly and conspicuously disclose the fact that a guaranty provides for adjustment on a pro ratabasis, and the basis on which the guaranty will be prorated; that is, the time or mileage the part, component oritem repaired has been used and in what manner the guarantor will perform. If adjustments are based on a priceother than that paid by the customer, clear disclosure must be made of the amount. However, a fictitious pricemust not be used even where the sum is adequately disclosed.11. Failure to post, in a conspicuous place, a sign informing the customer that the automotive repair dealer isobliged to provide a written estimate when the customer physically presents his motor vehicle to the automo-tive repair dealer during normal working hours and, in any event, before work is commenced. In addition,copies of any receipt or document signed by the customer, a detailed invoice, a written copy of any guarantyand the return of any replaced parts that have been requested must be provided. The sign is to read as follows:“A CUSTOMER OF THIS ESTABLISHMENT IS ENTITLED TO:1.When a motor vehicle is physically presented during normal working hours and, in any event before workbegins, a written estimated price stated either:(A) PRICE NOT TO EXCEED $..., and given without charge; or(B) As an exact figure broken down as to parts and labor. This establishment has the right to charge you forthis diagnostic service, although if you then have the repair done here, you will not be charged twice forany part of such charge necessary to make the repair.(C) As an exact figure to complete a specific repair.2.For your protection, you may waive your right to an estimate only by signing a written waiver.3.Require that this establishment not start work on your vehicle until you sign an authorization stating thenature of the repair or problem and the odometer reading of your vehicle if you physically present thevehicle here during normal working hours.
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72 4.A detailed invoice stating charges for parts and labor separately and whether any new, rebuilt, reconditionedor used parts have been supplied.5.The replaced parts, if requested before work is commenced, unless their size, weight or similar factors makereturn of the parts impractical.6.A written copy of the guaranty.”12. Nothing in this section shall be construed as requiring an automotive repair dealer to provide a written estimateif the dealer does not agree to perform the requested repair.13. Any other unconscionable commercial practice prohibited pursuant to N.J.S.A. 56:8-1 et seq.SUBCHAPTER 26D. TIRE DISTRIBUTORS AND DEALERS13:45A-26D.1 General provisions(a) For purposes of this rule, all terms that are defined in the National Traffic and Motor Vehicle SafetyAct of 1966, 15U.S.C. section 1402 (1970), as may be amended from time to time, are used as defined therein.(b) “Tire purchaser” means a person who buys or leases a new or newly retreaded tire, or who buys or leases for 60 daysor more a motor vehicle containing a new tire or newly-retreaded tire, for purposes other than resale.(c) Each motor vehicle dealer who sells a used motor vehicle for purposes other than resale, or who leases a motorvehicle for more than 60 days, that is equipped with new tires or newly-retreaded tires, is considered to be a tiredealer.(d) Each person selling a new motor vehicle to first purchasers for purposes other than resale that is equipped with tiresthat were not on the motor vehicle when shipped by the vehicle manufacturer is considered a tire dealer.13:45A-26D.2 Deceptive practices(a) It shall be a deceptive practice in connection with the sale of tires to consumers resident in New Jersey, or by tiredistributors or dealers doing business in New Jersey, unless the tire distributor or dealer who makes the sale providesthe retail purchaser with a true copy of the information that the seller, tire distributor or his designee forwards to themanufacturer as required by 49 C.F.R. section 574.8, at the time such information is forwarded.(b) Such information includes:1.Name and address of the tire purchaser;2.Tire identification number molded into or onto the sidewall of the tire sold;3.Name and address of the tire seller.13:45A-26D.3 ViolationsWithout limiting the prosecution of any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A.56:8-1 et seq., any violations of the provisions of this rule shall be subject to the sanctions contained in said Consumer FraudAct.SUBCHAPTER 26E. MOTORIZED WHEELCHAIR DISPUTE RESOLUTION13:45A-26E.1 Purpose and scope(a) The purpose of this subchapter is to implement the Motorized Wheelchair Lemon Law, P.L. 1995, c.233, by estab-lishing a motorized wheelchair dispute resolution system within the Division of Consumer Affairs in conjunctionwith the Office of Administrative Law. The subchapter also sets forth the method for computing the refund, anddetails the reporting requirements and procedure for publication of compliance records of manufacturers of motor-ized wheelchairs.(b) This subchapter applies to:1.Manufacturers of motorized wheelchairs sold or leased in the State of New Jersey;
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73 2.All purchasers, lessees and consumers as defined in N.J.S.A. 56:12-75(l) of motorized wheelchairs sold orleased in the State of New Jersey; and3.Motorized wheelchair dealers servicing motorized wheelchairs.13:45A-26E.2 DefinitionsAs used in this subchapter, the following words shall have the following meanings:“Days” means calendar days.“Director” means the Director of the Division of Consumer Affairs.“Dispute Resolution System” means a procedure established by the Division of Consumer Affairs and the Office ofAdministrative Law for the resolution of disputes regarding motorized wheelchair nonconformity(s) through summaryadministrative hearings.“Manufacturer” means a person who manufactures or assembles motorized wheelchairs and agents of that person, in-cluding an importer, a distributor, factory branch, distributor branch and any warrantors of the manufacturer’s motorizedwheelchairs, but does not include a motorized wheelchair dealer.“Motorized wheelchair” means any motor-driven wheelchair, including a demonstrator and all accompanying poweraccessories utilized to operate the wheelchair, which a consumer purchases or accepts transfer of in this State for the purposeof increasing independent mobility, in the activities of daily living of an individual who has limited or no ambulation abili-ties, and includes motorized power scooters designed primarily for indoor use and retrofit power units designed to motorizepower wheelchairs.“Motorized wheelchair dealer” or “dealer” means a person who is in the business of selling motorized wheelchairs inNew Jersey.“Motorized wheelchair lessor” or “lessor” means a person who leases or rents a motorized wheelchair to a consumer, orwho holds the lessor’s rights, under a written lease or written rental agreement.“Nonconformity” means a condition or defect that substantially impairs the use, value or safety of a motorized wheel-chair, and which is covered by an express warranty applicable to the motorized wheelchair or to a component of the motor-ized wheelchair. A nonconformity does not include a condition or defect which results from abuse, neglect or unauthorizedmodification or alteration of the motorized wheelchair by a consumer.“OAL” means Office of Administrative Law.“Reasonable attempt to repair” means, within the term of an express warranty applicable to a new motorized wheelchair,or within one year after first delivery of the motorized wheelchair to a consumer, whichever is sooner, that:1.A nonconformity within the warranty has been subject to repair by the manufacturer, lessor or any of themanufacturer’s authorized dealers at least three times and the nonconformity continues; or2.The motorized wheelchair is out of service for an aggregate of at least 20 days because of a nonconformity,after having been returned to the manufacturer, motorized wheelchair lessor or any of the manufacturer’s au-thorized dealers for repair.“Wheelchair Lemon Law” means P.L. 1995, c.233 (N.J.S.A. 56:12-74 et seq.), an Act providing certain protections toconsumers who purchase, lease or rent motorized wheelchairs.13:45A-26E.3 Manufacturer warranty(a) At the time or purchase, lease or rental of a new motorized wheelchair in the State of New Jersey, the manufacturer,either directly or through an authorized dealer or lessor, shall furnish the consumer with an express warranty for themotorized wheelchair. The duration of the express warranty shall be not less than one year after first delivery of themotorized wheelchair to the consumer.(b) In the absence of an express warranty from the manufacturer, the manufacturer shall be deemed to have expresslywarranted to the consumer of a motorized wheelchair that, for a period of one year from the date of first delivery tothe consumer, the motorized wheelchair will be free from any condition or defect which substantially impairs theuse, value or safety of the wheelchair to the consumer.
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74 13:45A-26E.4 Wheelchair Lemon Law Unit(a) There is established within the Division of Consumer Affairs a section which will process Wheelchair Lemon Lawmatters, to be known as the Wheelchair Lemon Law Unit (WLLU).(b) The Wheelchair Lemon Law Unit shall, upon request, provide consumers with a brochure setting forth:1.Information regarding a consumer’s rights and remedies under the relevant law; and2.The procedure to be followed in order to participate in the various dispute resolution systems.(c) All correspondence to the Division of ConsumerAffairs regarding Wheelchair Lemon Law matters shall be directedto the attention of the Wheelchair Lemon Law Unit, as follows:Division of Consumer AffairsWheelchair Lemon Law UnitPost Office Box 45026, 124 Halsey StreetNewark, New Jersey 0710113:45A-26E.5 Repair of nonconformity(a) When a consumer believes that a new motorized wheelchair does not conform to an applicable express warranty, theconsumer shall:1.Notify the manufacturer, motorized wheelchair lessor or any of the manufacturer’s authorized motorized wheel-chair dealers of the nonconformity by mail, each time a nonconformity occurs; and2.Make the motorized wheelchair available for repair before one year after first delivery of the motorized wheel-chair to the consumer.(b) If, within the terms of an express warranty applicable to a new motorized wheelchair, or within one year after firstdelivery of the motorized wheelchair to a consumer, whichever is earlier, substantially the same nonconformity hasbeen subject to repair three or more times by the manufacturer, lessor or any of the manufacturer’s authorized dealersand the nonconformity continues to exist, or the motorized wheelchair has been out of service by reason of repair forone or more nonconformities for an aggregate total of 20 or more days since the original delivery of the motorizedwheelchair, and a nonconformity continues to exist, and the manufacturer refuses to replace or refund the price of themotorized wheelchair after one of the above conditions occurs, then the consumer shall be considered as having metthe criteria necessary to pursue a Wheelchair Lemon Law claim and may then:1.Refer the matter to the manufacturer for resolution through the manufacturer’s dispute resolution settlementprocedure;2.Refer the matter to the WLLU for dispute resolution; or3.File an action in the Superior Court of New Jersey. Any party to an action asserting a claim, counterclaim ordefense based upon violations of the Wheelchair Lemon Law shall mail a copy of the initial or response plead-ing containing the claim, counterclaim or defense to the Attorney General within 10 days after filing the plead-ing with the court.13:45A-26E.6 Eligibility(a) To be eligible for the Dispute Resolution System, a consumer shall provide the following items to the WLLU bycertified mail, return receipt requested:1.A completed Application for Dispute Resolution which can be obtained from the WLLU; and2.Photocopies of the consumer’s written notification(s) of the nonconformities to the manufacturer sent prior tothe expiration of the manufacturer’s warranty.(b) If application forms are not available, a consumer may file a written request for dispute resolution which shall beaccepted by the WLLU if that written request contains all information, items and statements listed in N.J.A.C.13:45A-26E.7.
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75 13:45A-26E.7 Application(a) Application for Dispute Resolution shall require submission of the following:1.The name, address and telephone number of the consumer as well as the lienholder, if any;2.The date of the original delivery of the motorized wheelchair to the consumer;3.Awrittenaccount of the events resultinginthe dispute including description(s) ofthe claimednonconformity(ies)and a chronology of the repair attempts;4.Photocopies of the statements of repair given to the consumer by the manufacturer through its dealer, each timea motorized wheelchair is returned from being examined or repaired; and5.Photocopies of the agreement of sale or lease, the receipt for payment of any options or other modificationsarranged, installed or made by the manufacturer or its dealer within 30 days after the date of original delivery,receipts for any other charges or fees including, but not limited to:i.Sales tax;ii.Finance charges;iii. Rental of a motorized wheelchair equivalent to the consumer’s motorized wheelchair for the period whenthe consumer’s motorized wheelchair was out of service due to a nonconformity;iv. Prescription for the wheelchair from a licensed medical professional if the consumer purchased or leased thewheelchair by prescription;v.Documents from third-party payors; andvi. Any other documents related to the dispute.(b) The application must contain a statement as to the following:1.That the consumer believes that the motorized wheelchair’s use, market value or safety is substantially im-paired by the nonconformity(ies) complained of;2.That the nonconformity(ies) complained of is (are) not the result of abuse, neglect or unauthorized modifica-tions of the motorized wheelchair by anyone other than the manufacturer or its dealer;3.That within the term of protection the manufacturer, its agent or authorized dealer failed in at least three at-tempts to correct the same substantial defect, or the motorized wheelchair was out of service by reason of repairfor at least an aggregate of 20 days;4.That within the term of protection:i.The consumer gave the manufacturer or its dealer at least three attempts to repair substantially the samenonconformity and the nonconformity continues to exist; orii.The motorized wheelchair was out of service by reason of repair for one or more nonconformities for anaggregate total of 20 or more days since the original delivery of the motorized wheelchair, and thenonconformity(ies) continues to exist; and5.Whether the consumer wishes to appear at the hearing in person or instead will allow a decision to be renderedby the OAL on the papers submitted by both parties. This option will be available only in the event themanufacturer does not object toa proceedingonthe papers inits response pursuant toN.J.A.C. 13:45A-26E.10(f).13:45A-26E.8 Filing fee(a) A consumer whose application for dispute resolution is accepted by the Division shall pay a filing fee of $50.00 bycertified check or money order payable to the “New Jersey Division of Consumer Affairs.” The filing fee shall benonrefundable.(b) The filing fee shall be requested by the WLLU when it has determined that the consumer’s application is complete,that it complies with this subchapter and the Wheelchair Lemon Law and that it is eligible for the WLLU’s DisputeResolution System.
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76 13:45A-26E.9 Processing of applications(a) Submitted applications shall be reviewed by the WLLU for completeness and compliance with the WheelchairLemon Law and this subchapter.1.Incomplete applications shall be returned to the consumer for completion.2.Applications not in compliance with this subchapter and the Wheelchair Lemon Law shall be rejected and theWLLU shall notify the consumer of the reason for the rejection. However, no judgment shall be made by theWLLU as to whether the claimed defect is substantiated by the evidence or whether the defect substantiallyimpairs the use, market value or safety of a motorized wheelchair.(b) Upon receipt of the filing fee of $50.00, the application shall be date- stamped to indicate its acceptance for disputeresolution.13:45A-26E.10 Notification and scheduling of hearings(a) By August 29, 1996, each manufacturer of motorized wheelchairs sold or leased in New Jersey shall forward to theDivision of Consumer Affairs, Wheelchair Lemon Law Unit, the name, address, telephone and telefax number ofthe person designated by the manufacturer to receive notices under this dispute resolution process. It shall be theduty of the manufacturer to update this information, as necessary.(b) On the day that an application is accepted for resolution, the WLLU shall send a notice by certified mail, returnreceipt requested to the consumer and the manufacturer’s designee. This notice shall indicate that the consumer’srequest for resolution has been accepted and shall provide general information about the resolution process.(c) The WLLU shall immediately thereafter refer an accepted application for dispute resolution to the OAL and arrangea hearing date acceptable to all parties. The dispute resolution shall be conducted as a contested case by the OAL inaccordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., the Uniform Administrative Proce-dure Rules, N.J.A.C. 1:1, and Special Rules, N.J.A.C. 1:13A.(d) The date of the hearing shall be no later than 20 days from the date of the notice of acceptance unless a later date isagreed to by the consumer.(e) Notice of the date, time, and location of the hearing shall be mailed by the OAL to both parties.(f) A copy of the application materials shall be sent by the WLLU simultaneously with the notice of acceptance of theapplication, to the manufacturer or the manufacturer’s designee. Within 10 days of receipt of the notice of accep-tance of the consumer’s application for dispute resolution, the manufacturer shall mail by certified mail, returnreceipt requested, to the consumer and to the clerk of the Office of Administrative Law at 185 Washington Street,Newark, New Jersey 07102, a response to each of the statements set forth in the consumer application. The responseshall also state whether the manufacturer objects to a proceeding on the papers if requested by the consumer.(g) Applications by the consumer or the manufacturer with consent of the consumer for adjournments or rescheduling ofthe hearing shall be made in accordance with N.J.A.C. 1:1-9.6.13:45A-26E.11 Computation of refund(a) The refund claimed by a consumer pursuant to section 4 of the Wheelchair Lemon Law, whether through the Divi-sion of Consumer Affairs motorized wheelchair dispute resolution system or a manufacturer’s informal disputeresolution process, shall include:1.The total purchase price of the wheelchair including finance charges, sales tax or, in the case of a lease, the totalsum of lease payments made, including any down payment,2.The cost of any necessary modifications arranged, installed or made by the manufacturer or its dealer withinone year after the original date of delivery,3.Other charges or fees, including, but not limited to, actual expenses incurred by the consumer for the rental ofa motorized wheelchair equivalent to the consumer’s motorized wheelchair for the period during which theconsumer’s motorized wheelchair was out of service due to a nonconformity.(b) From the total sum of items in (a) above, a deduction shall be made, representing an allowance for use. Thisdeduction shall be calculated as follows: the full purchase price of the motorized wheelchair shall be multiplied by
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77 a fraction, the denominator of which is 1,825 and the numerator of which is equal to the number of days that thewheelchair was used before the consumer first reported the problem to the dealer or the manufacturer.13:45A-26E.12 Final decision(a) The Director shall review the OAL proposed decision submitted by the administrative law judge who conducts theadministrative hearing and shall adopt, reject, or modify the decision no later than 15 days after receipt.(b) At the conclusion of the 15-day review period, the Director shall mail notification of the rejected, modified oradopted decision to both parties, the lien-holder, if any, and the OAL. The mailing to the manufacturer and consumershall be by certified mail, return receipt requested. Within 45 days of receipt of the final decision, any party may filean appeal in the Appellate Division of the Superior Court.(c) The manufacturer shall advise the Director as to its compliance with the final decision or its intent to appeal the finaldecision no later than 10 days following the date stated for completion of all awarded remedies.(d) If the manufacturer unreasonably fails to comply with the decision within the specified time period, the manufac-turer shall be liable for penalties in the amount of $5,000 for each day the manufacturer unreasonably fails tocomply, commencing on the day after the specified date for completion of all awarded remedies.13:45A-26E.13 Appeals(a) A manufacturer or a consumer may appeal a final decision to the Appellate Division of the Superior Court by filinga notice of appeal with the court as well as the Director no later than 45 days after the date of the final decision asdefined in N.J.A.C. 45A-26E.12(b).(b) An appeal by a manufacturer shall not be heard unless the notice of appeal is accompanied by a bond which shall be:1.For a principal sum equal to the money award made by the administrative law judge, plus $2,500 for anticipatedattorney’s fees and other costs;2.Which sum shall be secured by cash or its equivalent; and3.Payable to the consumer.13:45A-26E.14 Manufacturer’s informal dispute resolution system(a) The WLLU shall compile a roster ofAmerican and foreign manufacturers of motorized wheelchairs sold or leased inNew Jersey.(b) Manufacturers who establish or participate in an in-house customer assistance mechanism, private arbitration, pri-vate buy-back program, or any other type of dispute resolution system shall, by September 18, 19961.Advise the WLLU of the existence of its procedure mentioned in (b) above; and2.Send the WLLU an outline of the steps that a consumer must take in order to participate in the manufacturer’sinformal dispute resolution procedure and shall include all necessary addresses and phone numbers.13:45A-26E.15 Index of disputes(a) The Division of ConsumerAffairs shall maintain an index of motorized wheelchair disputes by make and model andshall compile and maintain statistics indicating the record of manufacturer compliance with any settlement proce-dure decisions.(b) The initial index and statistical record of compliance shall be made available to the public on January 1, 1997 andevery 12 months thereafter.SUBCHAPTER 26F. UNFAIR TRADE PRACTICES--USED MOTOR VEHICLES--SALE AND WARRANTY13:45A-26F.1 Purpose and scope(a) The purpose of this subchapter is to implement N.J.S.A. 56:8-67 et seq., commonly known as the Used Car LemonLaw. The subchapter specifies which used motor vehicles are subject to the Act; the purchaser’s as well as thedealer’s obligations under the Act; the warranties which the dealer must provide; the conditions which must be metbefore a purchaser may waive a warranty; and the dealer’s bonding and reporting requirements. In addition, the
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78 subchapter establishes a dispute resolution program within the Division of ConsumerAffairs in conjunction with theOffice of Administrative Law.(b) This subchapter applies to:1.Dealers (as defined in N.J.A.C. 13:45A-26F.2), who sell used motor vehicles in the State of New Jersey; and2.All consumers (as defined in N.J.A.C. 13:45A-26F.2), of used motor vehicles in the State of New Jersey.13:45A-26F.2 DefinitionsAs used in this subchapter, the following words shall have the following meanings:“As is” means a used motor vehicle sold by a dealer to a consumer without any warranty, either express or implied, andwith the consumer being solely responsible for the cost of any repairs to that motor vehicle.“Consumer” means the purchaser or prospective purchaser, other than for the purpose of resale, of a used motor vehiclenormally used for personal, family or household purposes.“Covered item” means and includes the following components of a used motor vehicle: Engine--all internal lubricatedparts, timing chains, gears and cover, timing belt, pulleys and cover, oil pump and gears, water pump, valve covers, oil pan,manifolds, flywheel, harmonic balancer, engine mounts, seals and gaskets, and turbo-charger housing; however, housing,engine block and cylinder heads are covered items only if damaged by the failure of an internal lubricated part. TransmissionAutomatic/Transfer Case--all internal lubricated parts, torque converter, vacuum modulator, transmission mounts, seals andgaskets. Transmission Manual/Transfer Case--all internal lubricated parts, transmission mounts, seals and gaskets, but ex-cluding a manual clutch, pressure plate, throw-out bearings, clutch master or slave cylinders. Front-Wheel Drive--all inter-nal lubricated parts, axle shafts, constant velocity joints, front hub bearings, seals and gaskets. Rear-Wheel Drive--allinternal lubricated parts, propeller shafts, supports and U-joints, axle shafts and bearings, seals and gaskets.“Dealer” means any person or business which sells, or offers for sale, a used motor vehicle after selling or offering forsale three or more used motor vehicles in the previous 12-month period.“Deduction for personal use” means the mileage allowance set by the Federal Internal Revenue Service for businessusage of a motor vehicle in effect on the date a used motor vehicle is repurchased by a dealer in accordance with N.J.S.A.56:8-71, multiplied by the total number of miles a used motor vehicle is driven by a consumer from the date of purchase ofthat vehicle until the time of its repurchase.“Director” means the Director of Consumer Affairs in the Department of Law and Public Safety.“Excessive wear and tear” means wear or damage to a used motor vehicle beyond that expected to be incurred in normalcircumstances.“Material defect” means a malfunction of a used motor vehicle, subject to a warranty, which substantially impairs its use,value or safety.“Model year” means the calendar year beginning January 1 and ending December 31 of the year listed on the motorvehicle’s title or certificate of ownership and vehicle identification number.“Repair insurance” means a contract in writing to refund, repair, replace, maintain or take other action with respect to aused motor vehicle for any period of time or any specified mileage and provided at an extra charge beyond the price of theused motor vehicle.“Sale” means the transfer of title of a used motor vehicle from the owner- seller to the purchaser-consumer and does notinclude those transactions in which the owner-seller has obtained title to, or is granted the right to sell, a used motor vehicleby operation of law (for example, pursuant to N.J.S.A. 2C:64-7 or 54:49-13a), or in which the seller is a public entity orgovernmental unit.“Service contract” means a contract in writing to refund, repair, replace, maintain or take other action with respect to aused motor vehicle for any period of time or any specific mileage or provided at an extra charge beyond the price of the usedmotor vehicle.“Used motor vehicle” means a passenger motor vehicle, excluding motorcycles, motor homes and off-road vehicles, titleto, or possession of which has been transferred from the person who first acquired it from the manufacturer or dealer, and soused as to become what is commonly known as “secondhand,” within the ordinary meaning thereof but does not mean a
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79 passenger motor vehicle, subject to a motor vehicle lease agreement which was in effect for more than 90 days, which is soldby the lessor to the lessee, or to a family member or employee of the lessee upon the termination of the lease agreement.“Warranty” means any undertaking, in writing and in connection with the sale by a dealer of a used motor vehicle, torefund, repair, replace, maintain or take other action with respect to the used motor vehicle, and which is provided at no extracharge beyond the price of the used motor vehicle.13:45A-26F.3 Dealer warranty; form; scope; purchaser’s obligations(a) Upon the sale of a used motor vehicle in the State of New Jersey, the dealer shall furnish the consumer with a writtenwarranty which meets the requirements of (c) below, unless:1.The purchase price of the used motor vehicle is less than $3,000;2.The used motor vehicle is eight or more model years old;3.The used motor vehicle has been declared a total loss by an insurance company and the consumer has beennotified in writing of that fact at, or prior to, sale;4.The used motor vehicle has more than 60,000 miles and the consumer elects to waive the warranty in writingpursuant to N.J.A.C. 13:45A-26F.4; or5.The used motor vehicle has more than 100,000 miles.(b) The written warranty shall be in the same format, and contain all of the information in, the “Used Motor VehicleLimited Warranty” form which is appended hereto as Appendix A, incorporated herein by reference, and have atleast the following minimum durations:1.If the used motor vehicle has 24,000 miles or less, the warranty shall be, at a minimum, 90 days or 3,000 miles,whichever comes first;2.If the used motor vehicle has more than 24,000 miles but less than 60,000 miles, the warranty shall be, at aminimum, 60 days or 2,000 miles, whichever comes first; or3.If the used motor vehicle has 60,000 miles or more, the warranty shall be, at a minimum, 30 days or 1,000miles, whichever comes first, unless the consumer elects to waive this warranty pursuant to the terms of N.J.A.C.13:45A-26F.4.(c) The written warranty shall require the dealer, during the term of the warranty, to correct the failure or malfunction ofa covered item as defined in N.J.A.C. 13:45A-26F.2, provided the used motor vehicle is delivered to the dealer, at thedealer’s regular place of business and subject to a deductible amount of $50.00 to be paid by the consumer for eachrepair of a covered item. This written warranty shall exclude repairs covered by any manufacturer’s warranty orrecall program, as well as repairs of a covered item required because of collision, abuse, or the consumer’s failure toproperlymaintainsuchusedmotor vehicle inaccordance withthe manufacturer’s recommendedmaintenance schedule,or from damage of a covered item caused as a result of any commercial use of the used motor vehicle, or operationof such vehicle without proper lubrication or coolant, or as a result of any misuse, negligence or alteration of suchvehicle by someone other than the dealer.(d) The warranty periods in (b) above shall be extended by any time period during which the used motor vehicle iswaiting for the dealer or his agent to begin or complete repairs of a material defect of the used motor vehicle.(e) If the dealer fails to provide the consumer with a written warranty required by N.J.S.A. 56:8-69, the dealer neverthe-less shall be deemed to have given the warranty as a matter of law, unless a waiver has been signed by the consumerin accordance with N.J.S.A. 56:8-73 and N.J.A.C. 13:45A- 26F.4.13:45A-26F.4 Waiver of warranty(a) A consumer, as a result of a price negotiation for the purchase of a used motor vehicle with over 60,000 miles, mayelect to waive the dealer’s obligation to provide a warranty on the used motor vehicle provided that:1.The waiver is in writing;2.The waiver shall be in the same format and contain all of the information in the “‘As Is’ Disclosure” form andthe “Waiver of New Jersey Used Motor Vehicle Limited Warranty” form which are appended hereto as Appen-dices B and C, respectively, incorporated herein by reference; and
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80 3.The waiver and disclosure forms are signed separate and apart from the contract of sale.13:45A-26F.5 Bond requirementTo assure compliance with the requirements of N.J.S.A. 56:8-77 et seq., a dealer shall provide a bond in favor of the Stateof New Jersey in the amount of $10,000, executed by a surety company authorized to transact business in the State of NewJersey by the Department of Banking and Insurance and to be conditioned on the faithful performance of the provisions ofN.J.S.A. 56:8- 77 et seq. This bond shall be for the term of 12 months and shall be renewed at each expiration for a similarperiod. The Director of the Division of Motor Vehicles shall not issue a dealer’s license and shall not renew a license of anydealer who has not furnished proof of the existence of such bond.13:45A-26F.6 Administrative fee(a) At the time of sale a dealer shall collect an administrative fee of $0.50 from each consumer who purchases a usedmotor vehicle in the State of New Jersey which transaction is subject to the Act and this subchapter, including aconsumer who elects to waive the warranty pursuant to N.J.A.C. 13:45A-26F.4.(b) On the 15th of every January, April, July and October, a dealer shall mail to the Used Car Lemon Law Unit, thefollowing:1.A check or money order made payable to the “New Jersey Division of Consumer Affairs,” in an amount equalto the total sum of administrative fees collected during the preceding three-month period; and2.Documentation of each used motor vehicle subject to the Act and this subchapter which was sold by the dealerduring the preceding three-month period.(c) The Director may conduct random audits of dealers’ records to assure compliance with the Act and this subchapter.13:45A-26F.7 Procedures regarding repair of material defect(a) When a consumer believes that a used motor vehicle does not conform to an applicable warranty the consumer shall:1.Notify the dealer of a material defect; and2.Make the used motor vehicle available for repair by delivering the motor vehicle to the dealer at the dealer’sregular place of business before the appropriate warranty period expires.(b) If, within the terms of the warranty applicable to the used motor vehicle, the same material defect has been subject torepair three or more times by the dealer or the dealer’s agent and the material defect continues to exist, or the usedmotor vehicle has been out of service a cumulative total of 20 or more days during the warranty period because thedealer has yet to begin or complete repair of the material defect, and the dealer fails to refund the full purchase priceof the used motor vehicle excluding all sales taxes, title and registration fees, or any similar governmental chargesand less a reasonable allowance for excessive wear and tear and less a deduction for personal use of the motorvehicle, then the consumer may seek resolution:1.Through the Division of ConsumerAffairs dispute resolution program in conjunction with the Office ofAdmin-istrative Law;2.Through the Division of Consumer Affairs alternative dispute resolution procedure in which both parties agreeto participate in informal settlement discussions with an independent third party who works to assist the partici-pants in reaching a mutually satisfactory settlement;3.By filing an action in the Superior Court of New Jersey. Any party to an action asserting a claim, counterclaimor defense based upon violations of the Used Car Lemon Law shall mail a copy of the initial or responsivepleading containing the claim, counterclaim or defense to the Director and to the Used Car Lemon Law Unitwithin 10 days after filing the pleading with the court; or4.Through the dealer’s informal dispute resolution procedures pursuant to N.J.A.C. 13:45A-26F.16, if available.(c) A consumer who selects options (b)2 or 4 above and who fails to achieve a satisfactory result may seek resolutionfrom among the remaining options.
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81 13:45A-26F.8 Used Car Lemon Law Unit; duties; address(a) There is established within the Division of Consumer Affairs a section which shall process Used Car Lemon Lawmatters, to be known as the Used Car Lemon Law (UCLL) Unit which shall:1.Upon request, provide consumers with a brochure setting forth:i.Information regarding a consumer’s rights and remedies under the relevant law; andii.The procedures to be followed in order to participate in the various dispute resolution systems;2.Review and process applications received for dispute resolution;3.Compile a roster of motor vehicle dealers who sell used motor vehicles in New Jersey; and4.Perform such other duties as the Director may from time to time assign.(b) All correspondence to the Division of ConsumerAffairs regarding Used Car Lemon Law matters shall be directed tothe attention of the UCLL Unit as follows:Division of Consumer AffairsUsed Car Lemon Law UnitPO Box 45026124 Halsey StreetNewark, New Jersey 07101-502613:45A-26F.9 Procedures for resolving a complaint(a) To be eligible to have a dispute resolved in one of the forums set forth in N.J.A.C. 13:45A-26F.7, a consumer shallprovide the following items to the UCLL Unit by certified mail, return receipt requested:1.A completed application for dispute resolution (see N.J.A.C. 13:45A- 26F.10) which can be obtained form theUCLL Unit or the dealer; and2.Photocopies of all relevant supporting documentation.13:45A-26F.10 Application for dispute resolution(a) The application for dispute resolution shall contain the following:1.The name, address and telephone number of the consumer and lien-holder, if any;2.The date the used motor vehicle was purchased by the consumer from the dealer;3.The number of miles the motor vehicle had been driven prior to the date of purchase;4.A written account of the events resulting in the dispute, including description(s) of the claimed material defect(s)and a chronology of the repair attempts;5.A photocopy of proof of payment of the $50.00 deductible by the consumer to the dealer for each repair of acovered item required by N.J.S.A. 56:8-70;6.Photocopies of the statements of repair given to the consumer by the dealer or the dealer’s agent,each time theused motor vehicle was examined or repaired; and7.Photocopies of the agreement of sale, the written warranty and any other documents related to the dispute.(b) The application shall also contain a statement to the effect:1.That the consumer believes that the used motor vehicle’s use, value, or safety is substantially impaired by thedefect(s) complained of;2.That the material defect(s) complained of is(are) not the result of abuse, neglect or unauthorized modificationor alteration of the used motor vehicle by anyone other than the dealer or its agent;3.That within the applicable warranty period:
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82 i.The consumer gave the dealer or its agent at least three opportunities to repair the material defect, and thematerial defect continues to exist; orii.The used motor vehicle has been out of service by reason of waiting for the dealer to begin or completerepair of the defective covered item for a cumulative total of 20 or more days since the date of purchase ofthe used motor vehicle by the consumer, and the material defect continues to exist; and4.Whether the consumer wishes to participate in:i.The Division of Consumer Affairs’ UCLL dispute resolution program in conjunction with the Office ofAdministrative Law; orii.The Division of Consumer Affairs’ alternative dispute resolution procedure.13:45A-26F.11 Processing of applications(a) An application which has been submitted shall be reviewed by the UCLL Unit for completeness and compliancewith the Used Car Lemon Law and this subchapter.1.An incomplete application shall be returned to the consumer for completion.2.An application which does not comply with this subchapter and the Used Car Lemon Law shall be rejected andthe UCLL Unit shall notify the consumer of the reason for the rejection without making any determination as towhether the claimed defect is substantiated by the evidence or whether the defect substantially impairs the use,value or safety of the used motor vehicle.3.An application which is accepted shall be date stamped to indicate acceptance and shall be directed to theDivision’s UCLL program or the Division’s alternate dispute resolution procedure.13:45A-26F.12 Notification of scheduling of hearings(a) By February 11, 1999, used motor vehicle dealers in New Jersey shall forward to the Division of Consumer Affairs,UCLL Unit, the name, address, telephone and telefax number of the person designated by the dealer to receivenotices under the dispute resolution process. It shall be the duty of the dealer to update this information, as neces-sary.(b) Upon acceptance of an application, the UCLL Unit shall send a notice by certified mail, return receipt requested, tothe consumer and the dealer’s designee.(c) The UCLL Unit shall promptly thereafter refer an accepted application for dispute resolution to the Office ofAdmin-istrative Law (OAL) or the Division’s alternative dispute resolution procedure. The matter shall be conducted as acontested case by the OAL in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., theUniform Administrative Procedure Rules, N.J.A.C. 1:1.(d) Notice of the date, time and location of the hearing shall be mailed by OAL to both parties.(e) Simultaneously with the notice of acceptance of the application, the UCLL Unit shall send a copy of the applicationmaterials tothe dealer or the dealer’s designee. Within10days of receipt of the notice of acceptance of the consumer’sapplication for dispute resolution, the dealer shall mail by certified mail, return receipt requested, to the consumer athis or her address and to the Clerk of the Office of Administrative Law at 185 Washington Street, Newark, NewJersey 07102, a response to each of the statements set forth in the consumer application. The response shall alsostate whether the dealer objects to a proceeding on the papers if requested by the consumer.(f) Applications for adjournments or rescheduling of the hearing shall be made in accordance with N.J.A.C. 1:1-9.6.13:45A-26F.13 Final decision(a) The Director shall mail notification of the rejected, modified or adopted decision to both parties, the lien-holder, ifany, and the OAL.(b) In instances in which the matter is resolved in favor of the consumer, the dealer shall advise the Director as to itscompliance with the final decision no later than 10 days following the date stated for completion of all awardedremedies.
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83 13:45A-26F.14 Computation of refund(a) The refund claimed by a consumer pursuant to N.J.S.A. 56:8-71 of the Used Car Lemon Law, whether through adealer’s informal dispute resolution process, the Division’s alternate dispute resolution procedure or the Division’sUCLL dispute resolution program, shall include:1.The total purchase price of the used motor vehicle excluding:i.All sale taxes;ii.Title and registration fees or any similar governmental charges;iii. A reasonable allowance for excessive wear and tear if any; andiv. A deduction for personal use (as that term is defined at N.J.A.C. 13:45A-26F.2) of the used motor vehicleby the consumer.13:45A-26F.15 AppealsA dealer or consumer may appeal a final decision to the Appellate Division of the Superior Court no later than 45 daysafter the date of the final decision. A copy of the notice of appeal must also be filed with the Director.13:45A-26F.16 Dealer’s informal dispute resolution procedures(a) Dealers who establish or participate in an informal dispute settlement procedure shall by March 3, 1999:1.Advise the UCLL Unit of the existence of its informal dispute resolution procedure; and2.Send the UCLL Unit an outline of the steps that a consumer must take in order to participate in the dealer’sinformal dispute resolution procedure; the information shall include all necessary addresses and phone num-bers.13:45A-26F.17 Index of disputes(a) The Division of ConsumerAffairs shall maintain an index of all used motor vehicle disputes by make, model, dealerand such other information as the Director requires, and shall compile and maintain statistics indicating the record ofdealer compliance with any judgments or settlements.(b) The index and statistical record of compliance shall be made available to the public on February 1, 2000 and everysix months thereafter.13:45A-26F.18 ViolationsWithout limiting the prosecution of any other practices which may be unlawful under the Consumer FraudAct, N.J.S.A.56:8-1 et seq., any violation of the provisions of this subchapter shall be subject to the sanctions contained in the ConsumerFraud Act.
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87 SUBCHAPTER 27.(RESERVED)SUBCHAPTER 28.MOTOR VEHICLE LEASING13:45A-28.1 through13:45A-28.7 (Reserved)13:45A-28.8 Credit check of lessee; right to review contract(a)-(c) (Reserved)(d) A lessee may waive his or her right to review the contract under N.J.S.A. 56:12-67b(1) provided the lessee obtainsa waiver from the lessor which appears in 12-point Times Roman print (except for the document title “WAIVER”which shall appear in 14-point Times Roman print) and contains the following:WAIVERI HAVE BEEN ADVISED THAT UNDER THE NEW JERSEY CONSUMER PROTECTION LEASING ACT,N.J.S.A. 56:12-60 et seq., I AM ENTITLED TO REVIEW THE LEASE CONTRACT FOR ONE 24-HOUR BUSI-NESS DAY BEFORE SIGNING. I CHOOSE TO WAIVE THAT RIGHT AND SIGN THE LEASE NOW.________________________________________________________________________________LESSEE’S (CONSUMER’S) INITIALSLESSOR’S (DEALER’S) INITIALS________________________________________CO-LESSEE’S INITIALSVEHICLE: Year _________ Make _____________________________ Model ________________VIN Number ________________________THE LESSOR (DEALER) HAS REVIEWED THE FOLLOWING ELEMENTS OF THE LEASE DISCLOSUREWITH ME: $ ___________________ MSRP(New Vehicle Only)$ ___________________ Total Cost of Options andExtras Not Included in MSRP$ ___________________ Title and Registration Fees for:_____ First Year of Lease or_____ Full Term of Lease$ ___________________ Gross Capitalized Cost ofVehicle$ ___________________ Capitalized Cost Reduction,includes;$ __________ Initial Cash Payment$ __________ Trade-in Credit$ __________ Rebates$ ___________________ Total Capitalized Cost/AdjustedCapitalized Cost$ ___________________ Residual Value$ ___________________ Per Mile Over ________Miles$ ___________________ Amount of Periodic Payment__________________ Total Number of PeriodicPayments$ _________________ Total Fixed Cost of Lease (NoOption to Purchase Vehicle)or$ _________________ Total Cost of Lease (WithOption to Purchase)$ _________________ Acquisition Fee$ _________________ Security Deposit$ _________________ Optional Warranty or InsuranceChargeIt has been explained to me that if I terminate this leaseearly, I may have to pay significant costs.______________________________________(Lessee's and Lessor's Initials)Excess Wear and Damage Charges have been explainedto me.______________________________________(Lessee's and Lessor's Initials)(For leases with purchase option): How I may purchasethis vehicle at the end of the lease has been explained tome.______________________________________(Lessee's and Lessor's Initials)
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88 I UNDERSTAND THAT THIS IS A LEASE AGREEMENT AND NOT A PURCHASE AGREEMENT, THAT THEPROPERTY BEING LEASED MAY NOT HAVE ANY EQUITY OR OWNERSHIP VALUE TO ME AT THE END OFTHE LEASE AND THAT THE LEASED PROPERTY BELONGS TO THE LESSOR.Dated ________________________________________________________________________________ Lessee's (Consumer's ) Signature _____________________________________________________________________________________ Co-Lessee's SignatureLessor's Signature 1. The waiver shall be completed in full without any blank spaces to be filled in after the waiver has been signed by thelessee. Any item which is inapplicable may be marked “not applicable” or “NA”.2. The waiver shall be retained by the lessor for the duration of the lease and a copy shall be given to the lessee uponsigning.3. A copy of the waiver shall be provided to the Division of Consumer Affairs upon request.