NEW JERSEY ADMINISTRATIVE CODE TITLE 13 LAW AND

ADMINISTRATIVE RULES LAW AND PUBLIC SAFETY

Chapter 45A Page 1 of 301 Last Revision Date 06/20/2022

N EW J ERSEY A DMINISTRATIVE C ODE

T ITLE 13

L AW AND P UBLIC S AFETY

C HAPTER 45A

A DMINISTRATIVE R ULES OF THE D IVISION

C ONSUMER A FFAIRS

ADMINISTRATIVE RULES LAW AND PUBLIC SAFETY

Chapter 45A Page 2 of 301 Last Revision Date 06/20/2022

CHAPTER TABLE OF CONTENTS

SUBCHAPTER 1. DECEPTIVE MAIL ORDER PRACTICES ...............................................................12

SUBCHAPTER 2. (RESERVED) .....................................................................................................12

SUBCHAPTER 3. SALE OF MEAT AT RETAIL ...............................................................................12

13:45A-3.1 Definitions ........................................................................................................................... 12

13:45A-3.2 Labeling and advertising requirements ................................................................................ 19

13:45A-3.3 Exemption for certain meats................................................................................................ 19

13:45A-3.4 Exemptions for meat inspected under United States Department of Agriculture ................. 20

13:45A-3.5 Name in addition to the species and primal cut ................................................................... 20

13:45A-3.6 Advertising when additional name used .............................................................................. 20

13:45A-3.7 Use of United States Department of Agriculture grading terms ............................................ 21

13:45A-3.8 Use of United States Department of Agriculture grading terms for pork .............................. 21

13:45A-3.9 Labeling or advertising when certain United States Department of Agriculture grading terms

used ...................................................................................................................................................... 21

13:45A-3.10 Labeling of certain meat food products.............................................................................. 21

13:45A-3.11 Fabricated steak ................................................................................................................ 22

13:45A-3.12 Supply of meat advertised ................................................................................................. 22

13:45A-3.13 Frozen meat ...................................................................................................................... 22

13:45A-3.14 Violations .......................................................................................................................... 23

13:45A-3.15 Meat charts ....................................................................................................................... 24

13:45A-1.1 General provisions ............................................................................................................... 28

SUBCHAPTER 4. RULES CONCERNING HAZARDOUS PRODUCTS ...............................................29

13:45A-4.1 Unconscionable commercial practice ................................................................................... 29

13:45A-4.2 Definitions ........................................................................................................................... 30

13:45A-4.3 Violations ............................................................................................................................ 31

SUBCHAPTER 5. DELIVERY OF HOUSEHOLD FURNITURE AND FURNISHINGS ...........................31

13:45A-5.1 Delivery practices; generally ................................................................................................ 31

13:45A-5.2 Contract forms; date of order ..............................................................................................

13:45A-5.3 Contract form; delayed delivery........................................................................................... 32

13:45A-5.4 Violations; sanctions ............................................................................................................ 32

SUBCHAPTER 6. INTERNET DATING SERVICES ..........................................................................33

13:45A-6.1 Purpose and scope .............................................................................................................. 33

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13:45A-6.2 Definitions ........................................................................................................................... 33

13:45A-6.3 Criminal background information ........................................................................................ 34

13:45A-6.4 Date of criminal background information ............................................................................ 34

SUBCHAPTER 7. (RESERVED) .....................................................................................................34

SUBCHAPTER 8. PREPAID CALLING CARDS ...............................................................................35

13:45A-8.1 Scope .................................................................................................................................. 35

13:45A-8.2 Definitions ........................................................................................................................... 35

13:45A-8.3 Disclosure requirements ...................................................................................................... 37

13:45A-8.4 Prohibited practices ............................................................................................................. 40

13:45A-8.5 Required toll-free telephone number .................................................................................. 41

13:45A-8.6 Verbal disclosure requirements ........................................................................................... 42

13:45A-8.7 Availability of minutes advertised or promoted ................................................................... 42

13:45A-8.8 Billing decrement rounding and monetary rounding ............................................................ 43

13:45A-8.9 Call detail information; records............................................................................................ 43

13:45A-8.10 Activation and recharging .................................................................................................. 44

13:45A-8.11 Minimum active period; maintenance fees ........................................................................ 44

13:45A-8.12 Required refunds ............................................................................................................... 44

13:45A-8.13 Surcharges ......................................................................................................................... 44

13:45A-8.14 Access number .................................................................................................................. 45

13:45A-8.15 Violations .......................................................................................................................... 45

SUBCHAPTER 9. GENERAL ADVERTISING ..................................................................................45

13:45A-9.1 Definitions ........................................................................................................................... 45

13:45A-9.2 General advertising practices ............................................................................................... 48

13:45A-9.3 Price reduction advertisements; merchandise advertised at a price of less than $100.00 ..... 52

13:45A-9.4 Price reduction advertisements; items of merchandise specifically advertised at a price of

more than $100.00 ................................................................................................................................

13:45A-9.5 Price reduction advertisements; merchandise advertised as a savings of a percentage or a

range of percentages ............................................................................................................................. 53

13:45A-9.6 Pricing; prohibition on fictitious pricing and methods of substantiation ............................... 54

13:45A-9.7 Application of regulation ..................................................................................................... 55

13:45A-9.8 Retail discounts in scanner stores; percentage-off discounts; point-of-sale discounts; multi-

tiered pricing offers; targeted discounts ................................................................................................ 56

SUBCHAPTER 10. SERVICING AND REPAIRING OF HOME APPLIANCES .....................................57

13:45A-10.1 Definitions ......................................................................................................................... 57

13:45A-10.2 Required information ........................................................................................................ 58

13:45A-10.3 Deceptive practices ........................................................................................................... 59

13:45A-10.4 Exceptions ......................................................................................................................... 60

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13:45A-10.5 Violations .......................................................................................................................... 60

SUBCHAPTER 11. (RESERVED) ...................................................................................................60

SUBCHAPTER 12. SALE OF ANIMALS .........................................................................................60

13:45A-12.1 Definitions ......................................................................................................................... 60

13:45A-12.2 General provisions ............................................................................................................. 61

13:45A-12.3 Required practices related to the health of animals and fitness for sale and purchase ....... 64

SUBCHAPTER 13. POWERS TO BE EXERCISED BY COUNTY AND MUNICIPAL OFFICERS OF

CONSUMER AFFAIRS ................................................................................................................71

13:45A-13.1 Statement of general purpose and intent .......................................................................... 71

13:45A-13.2 Definitions ......................................................................................................................... 72

13:45A-13.3 General provisions ............................................................................................................. 72

13:45A-13.4 Qualifications of county or municipal director ................................................................... 72

13:45A-13.5 Termination of authority to exercise delegated authority .................................................. 73

13:45A-13.6 Delegated powers .............................................................................................................. 73

13:45A-13.7 Limitations; litigation ......................................................................................................... 74

13:45A-13.8 Restrictions; powers .......................................................................................................... 75

13:45A-13.9 (Reserved) ......................................................................................................................... 75

APPENDIX .................................................................................................................................76

SUBCHAPTER 14. UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS 78

13:45A-14.1 General provisions ............................................................................................................. 78

13:45A-14.2 Definitions ......................................................................................................................... 78

13:45A-14.3 Persons and operations exempted from complying with Unit Price Disclosure Act ............. 79

13:45A-14.4 Regulated consumer commodities and their approved units of measure ........................... 80

13:45A-14.5 Exempt consumer commodities ......................................................................................... 83

13:45A-14.6 Calculation of the numerical unit price of a regulated consumer commodity ..................... 84

13:45A-14.7 Unit price labels approved for display ................................................................................ 84

13:45A-14.8 Unit price signs and unit price lists .....................................................................................

13:45A-14.9 Unit price tags ................................................................................................................... 87

13:45A-14.10 Means of disclosing unit price information ...................................................................... 87

13:45A-14.11 Placement of unit price information on consumer commodities by nonretailers .............. 88

13:45A-14.12 (Reserved) ....................................................................................................................... 88

13:45A-14.13 Nonintentional technical errors ....................................................................................... 88

13:45A-14.14 Waiver of unit price requirements ................................................................................... 88

13:45A-14.15 Penalties .......................................................................................................................... 88

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SUBCHAPTER 15. (RESERVED) ...................................................................................................89

SUBCHAPTER 16. HOME IMPROVEMENT PRACTICES ...............................................................89

13:45A-16.1 Purpose and scope ............................................................................................................ 89

13:45A-16.1A Definitions ....................................................................................................................... 89

13:45A-16.2 Unlawful practices ............................................................................................................. 90

SUBCHAPTER 17. HOME IMPROVEMENT CONTRACTOR REGISTRATION..................................96

13:45A-17.1 Purpose and scope ............................................................................................................ 96

13:45A-17.2 Definitions ......................................................................................................................... 97

13:45A-17.3 Registration required ......................................................................................................... 98

13:45A-17.4 Exemptions ........................................................................................................................ 99

13:45A-17.5 Initial and renewal applications ....................................................................................... 100

13:45A-17.6 Disclosure statement ....................................................................................................... 102

13:45A-17.7 Duty to update information ............................................................................................. 103

13:45A-17.8 Requirement to cooperate............................................................................................... 104

13:45A-17.9 Refusal to issue, suspension or revocation of registration; hearing; other sanctions ........ 104

13:45A-17.10 Reinstatement of suspended registration ...................................................................... 105

13:45A-17.11 Ownership and use of registration number; replacement and duplicate certificates ...... 106

13:45A-17.12 Mandatory commercial general liability insurance ......................................................... 107

13:45A-17.13 Requirements of certain home improvement contracts ................................................. 107

13:45A-17.14 Fees ............................................................................................................................... 108

SUBCHAPTER 18. PLAIN LANGUAGE REVIEW ......................................................................... 108

13:45A-18.1 Fee for contract review .................................................................................................... 108

SUBCHAPTER 19. PETITION FOR RULEMAKING ...................................................................... 108

13:45A-19.1 Petition for promulgating, amending or repealing rules ................................................... 108

SUBCHAPTER 20. RESALE OF TICKETS OF ADMISSION TO PLACES OF ENTERTAINMENT ........ 109

13:45A-20.1 Definitions ....................................................................................................................... 109

13:45A-20.1A (Reserved) ..................................................................................................................... 111

13:45A-20.2 Registration ..................................................................................................................... 111

13:45A-20.3 Fees: new or renewal certificate of registration ............................................................... 112

13:45A-20.4 Place of business ............................................................................................................. 112

13:45A-20.5 Sale or exchange .............................................................................................................. 112

13:45A-20.6 Records ........................................................................................................................... 114

13:45A-20.7 Advertising ...................................................................................................................... 115

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SUBCHAPTER 21. REGULATIONS CONCERNING THE SALE OF FOOD REPRESENTED AS KOSHER

............................................................................................................................................... 116

13:45A-21.1 Definitions ....................................................................................................................... 116

13:45A-21.2 Disclosure requirements .................................................................................................. 118

13:45A-21.3 Labeling requirements ..................................................................................................... 119

13:45A-21.4 Recordkeeping requirements ........................................................................................... 120

13:45A-21.5 Filing requirements .......................................................................................................... 121

13:45A-21.6 Inspections of dealers ...................................................................................................... 121

13:45A-21.7 Unlawful practices ........................................................................................................... 122

13:45A-21.8 Presumptions .................................................................................................................. 124

SUBCHAPTER 22. HALAL FOOD ............................................................................................... 124

13:45A-22.1 Purpose and scope .......................................................................................................... 124

13:45A-22.2 Definitions ....................................................................................................................... 124

13:45A-22.3 Disclosure statement; posting of disclosure ..................................................................... 126

13:45A-22.4 Oral disclosure ................................................................................................................. 127

13:45A-22.5 Reliance on representation; good faith; defense .............................................................. 127

13:45A-22.6 Recordkeeping requirements ........................................................................................... 127

13:45A-22.7 Presumptions .................................................................................................................. 128

13:45A-22.8 Inspection of dealers ....................................................................................................... 128

13:45A-22.9 (Reserved) ....................................................................................................................... 129

13:45A-22.10 Unlawful practices ......................................................................................................... 129

Appendix A (Reserved) ........................................................................................................... 130

Appendix B (Reserved) ........................................................................................................... 130

Appendix C (Reserved) ........................................................................................................... 130

Appendix D (Reserved) ........................................................................................................... 130

SUBCHAPTER 23. DECEPTIVE PRACTICES CONCERNING WATERCRAFT REPAIR ...................... 130

13:45A-23.1 Definitions ....................................................................................................................... 130

13:45A-23.2 Deceptive practices: watercraft repairs ............................................................................ 131

SUBCHAPTER 24. TOY AND BICYCLE SAFETY ........................................................................... 136

13:45A-24.1 Purpose and scope .......................................................................................................... 136

13:45A-24.2 Reporting of toy-related injuries ...................................................................................... 136

13:45A-24.3 Recall notices for children’s products ............................................................................... 138

13:45A-24.4 Bicycle safety notices ....................................................................................................... 140

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SUBCHAPTER 24A. FLAME RESISTANCE STANDARDS FOR TENTS AND SLEEPING BAGS ......... 141

13:45A-24A.1 Definitions ..................................................................................................................... 141

13:45A-24A.2 Flame resistance standards ........................................................................................... 141

SUBCHAPTER 25. SELLERS OF HEALTH CLUB SERVICES ........................................................... 142

13:45A-25.1 “Health club” defined ...................................................................................................... 142

13:45A-25.2 Registration; fees ............................................................................................................. 143

13:45A-25.3 Exemption from registration ............................................................................................ 145

13:45A-25.4 Exemption from security requirement ............................................................................. 146

13:45A-25.5 Documentation of maintenance of security ..................................................................... 146

13:45A-25.6 Health club contracts ....................................................................................................... 146

13:45A-25.7 Violations; sanctions ........................................................................................................ 147

SUBCHAPTER 26. AUTOMOTIVE DISPUTE RESOLUTION ......................................................... 148

13:45A-26.1 Purpose and scope .......................................................................................................... 148

13:45A-26.2 Definitions ....................................................................................................................... 148

13:45A-26.3 Statements to consumer; other notices ........................................................................... 150

13:45A-26.4 Lemon Law Unit ............................................................................................................... 154

13:45A-26.5 Preliminary steps to initiate a Lemon Law action within the Division of Consumer Affairs

Lemon Law Unit .................................................................................................................................. 155

13:45A-26.6 Eligibility .......................................................................................................................... 156

13:45A-26.7 Application ...................................................................................................................... 156

13:45A-26.8 Filing fee .......................................................................................................................... 158

13:45A-26.9 Processing of applications ................................................................................................ 158

13:45A-26.10 Notification and scheduling of hearings ......................................................................... 159

13:45A-26.11 Computation of refund .................................................................................................. 160

13:45A-26.12 Final decision ................................................................................................................. 161

13:45A-26.13 Appeals..........................................................................................................................

162

13:45A-26.14 Manufacturer’s reporting requirements ........................................................................ 162

13:45A-26.15 Index of disputes ........................................................................................................... 163

SUBCHAPTER 26A. MOTOR VEHICLE ADVERTISING PRACTICES .............................................. 163

13:45A-26A.1 Scope ............................................................................................................................ 163

13:45A-26A.2 Application .................................................................................................................... 164

13:45A-26A.3 Definitions ..................................................................................................................... 164

13:45A-26A.4 Bait and switch .............................................................................................................. 167

13:45A-26A.5 Advertisements; mandatory disclosure requirements in all advertisements for sale ...... 168

13:45A-26A.6 Advertisements: mandatory disclosure in advertisements for lease of a new or used motor

vehicle ................................................................................................................................................. 169

13:45A-26A.7 Unlawful advertising practices ....................................................................................... 172

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13:45A-26A.8 Certain credit and installment sale advertisements........................................................ 173

13:45A-26A.9 On-site disclosures ........................................................................................................ 174

13:45A-26A.10 Record of transactions ................................................................................................. 174

SUBCHAPTER 26B. AUTOMOTIVE SALES PRACTICES............................................................... 175

13:45A-26B.1 Definitions ..................................................................................................................... 175

13:45A-26B.2 Pre-delivery service fees ................................................................................................ 176

13:45A-26B.3 Documentary service fee ............................................................................................... 176

13:45A-26B.4 Violations ...................................................................................................................... 176

SUBCHAPTER 26C. AUTOMOTIVE REPAIRS ............................................................................. 177

13:45A-26C.1 Definitions ..................................................................................................................... 177

13:45A-26C.2 Deceptive practices; automotive repairs ........................................................................ 177

SUBCHAPTER 26D. TIRE DISTRIBUTORS AND DEALERS ........................................................... 182

13:45A-26D.1 General provisions ........................................................................................................ 182

13:45A-26D.2 Deceptive practices ....................................................................................................... 182

13:45A-26D.3 Violations ...................................................................................................................... 183

SUBCHAPTER 26E. MOTORIZED WHEELCHAIR DISPUTE RESOLUTION .................................... 183

13:45A-26E.1 Purpose and scope......................................................................................................... 183

13:45A-26E.2 Definitions ..................................................................................................................... 183

13:45A-26E.3 Manufacturer warranty ................................................................................................. 185

13:45A-26E.4 Wheelchair Lemon Law Unit .......................................................................................... 185

13:45A-26E.5 Repair of nonconformity ................................................................................................ 186

13:45A-26E.6 Eligibility ........................................................................................................................ 186

13:45A-26E.7 Application .................................................................................................................... 187

13:45A-26E.8 Filing fee ........................................................................................................................ 188

13:45A-26E.9 Processing of applications ..............................................................................................

189

13:45A-26E.10 Notification and scheduling of hearings ....................................................................... 189

13:45A-26E.11 Computation of refund ................................................................................................ 190

13:45A-26E.12 Final decision ............................................................................................................... 190

13:45A-26E.13 Appeals ........................................................................................................................ 191

13:45A-26E.14 Manufacturer’s informal dispute resolution system ..................................................... 191

13:45A-26E.15 Index of disputes ......................................................................................................... 192

SUBCHAPTER 26F. UNFAIR TRADE PRACTICES—USED MOTOR VEHICLES—SALE AND

WARRANTY............................................................................................................................. 192

13:45A-26F.1 Purpose and scope ......................................................................................................... 192

13:45A-26F.2 Definitions ..................................................................................................................... 192

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13:45A-26F.3 Dealer warranty; form; scope; purchaser’s obligations ................................................... 195

13:45A-26F.4 Waiver of warranty ........................................................................................................ 196

13:45A-26F.5 Bond requirement ......................................................................................................... 196

13:45A-26F.6 Administrative fee ......................................................................................................... 197

13:45A-26F.7 Procedures regarding repair of material defect .............................................................. 197

13:45A-26F.8 Used Car Lemon Law Unit; duties; address ..................................................................... 198

13:45A-26F.9 Procedures for resolving a complaint ............................................................................. 199

13:45A-26F.10 Application for dispute resolution ................................................................................ 199

13:45A-26F.11 Processing of applications ............................................................................................ 200

13:45A-26F.12 Notification of scheduling of hearings .......................................................................... 201

13:45A-26F.13 Final decision ............................................................................................................... 201

13:45A-26F.14 Computation of refund ................................................................................................ 201

13:45A-26F.15 Appeals ........................................................................................................................ 202

13:45A-26F.16 Dealer’s informal dispute resolution procedures .......................................................... 202

13:45A-26F.17 Index of disputes.......................................................................................................... 202

13:45A-26F.18 Violations ..................................................................................................................... 203

Appendix A ............................................................................................................................. 204

Appendix B ............................................................................................................................. 205

Appendix C ............................................................................................................................. 206

Appendix D ............................................................................................................................. 207

SUBCHAPTER 27. NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM ....................... 208

13:45A-27.1 Purpose and scope .......................................................................................................... 208

13:45A-27.2 Definitions ....................................................................................................................... 208

13:45A-27.3 NJPB required for prescriptions ....................................................................................... 209

13:45A-27.4 Recordkeeping, reporting, and security requirements for licensed prescribers, healthcare

facilities, and pharmacists ................................................................................................................... 211

13:45A-27.5 Group practice ................................................................................................................. 211

13:45A-27.6 Vendor application .......................................................................................................... 212

13:45A-27.7 Manufacture and distribution by approved vendors; withdrawal or termination from NJPB

program .............................................................................................................................................. 212

13:45A-27.8 NJPB printing specifications ............................................................................................. 213

13:45A-27.9 Vendor requirements ...................................................................................................... 217

13:45A-27.10 Vendor security requirements ....................................................................................... 220

13:45A-27.11 Confidentiality ............................................................................................................... 221

13:45A-27.12 Enforcement .................................................................................................................. 221

13:45A-27.13 Renewal of approved vendor status ............................................................................... 221

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SUBCHAPTER 28. MOTOR VEHICLE LEASING .......................................................................... 221

13:45A-28.1 through 13:45A-28.7 (Reserved) ...................................................................................... 221

13:45A-28.8 Right to review contract .................................................................................................. 221

SUBCHAPTER 29. PROPERTY CONDITION DISCLOSURE .......................................................... 224

13:45A-29.1 Property Condition Disclosure Form ................................................................................ 224

SUBCHAPTER 30. VEHICLE PROTECTION PRODUCT WARRANTIES .......................................... 243

13:45A-30.1 Purpose and scope .......................................................................................................... 243

13:45A-30.2 Definitions ....................................................................................................................... 243

13:45A-30.3 Registration and renewal requirements ........................................................................... 245

13:45A-30.4 Vehicle protection product warranty requirements ......................................................... 246

13:45A-30.5 Warranty reimbursement insurance policy requirements for registration of warrantors .. 247

13:45A-30.6 Registration exemptions .................................................................................................. 248

13:45A-30.7 Unlawful practices ........................................................................................................... 248

13:45A-30.8 Violations ........................................................................................................................ 249

13:45A-30.9 Fees ................................................................................................................................. 249

SUBCHAPTER 31. PRIVATE PROPERTY AND NON-CONSENSUAL TOWING COMPANIES ......... 249

13:45A-31.1 Purpose and scope .......................................................................................................... 249

13:45A-31.2 Words and phrases defined ............................................................................................. 249

13:45A-31.3 Liability insurance ............................................................................................................ 252

13:45A-31.4 Schedule of other non-consensual towing and storage services ....................................... 252

13:45A-31.5 Unreasonable fees ........................................................................................................... 255

13:45A-31.6 Towing motor vehicles from private property .................................................................. 256

13:45A-31.7 Storage facilities .............................................................................................................. 257

13:45A-31.8 Private property towing practices .................................................................................... 258

13:45A-31.9 Recordkeeping .................................................................................................................

258

13:45A-31.10 Violations ...................................................................................................................... 259

SUBCHAPTER 32. PRESCRIPTION DRUG RETAIL PRICE LIST ..................................................... 259

13:45A-32.1 Prescription drug retail price list; maintenance; posting of notice .................................... 259

SUBCHAPTER 33. COMPASSIONATE USE MEDICAL MARIJUANA ............................................ 260

13:45A-33.1 Purpose and scope .......................................................................................................... 260

13:45A-33.2 Physician reporting requirements .................................................................................... 260

13:45A-33.3 Alternative treatment center reporting requirements ...................................................... 261

13:45A-33.4 Electronic format required for the transmission of information; exemption ..................... 261

13:45A-33.5 Frequency requirements for transmitting information; confidentiality ............................. 262

13:45A-33.6 Waiver ............................................................................................................................. 262

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SUBCHAPTER 34. INTERNATIONAL LABOR MATCHING ORGANIZATIONS AND INTERNATIONAL

MATCHMAKING ORGANIZATIONS .......................................................................................... 262

13:45A-34.1 Purpose and scope .......................................................................................................... 262

13:45A-34.2 Definitions ....................................................................................................................... 263

13:45A-34.3 Registration ..................................................................................................................... 264

13:45A-34.4 Disqualifying crimes; petition for review .......................................................................... 267

13:45A-34.5 Information provided to recruits ...................................................................................... 269

13:45A-34.6 Recordkeeping ................................................................................................................. 269

13:45A-34.7 Violations ........................................................................................................................ 270

SUBCHAPTER 35. PRESCRIPTION MONITORING PROGRAM .................................................. 270

13:45A-35.1 Purpose and scope .......................................................................................................... 270

13:45A-35.2 Definitions ....................................................................................................................... 272

13:45A-35.3 Pharmacy reporting requirements; electronic format ...................................................... 275

13:45A-35.4 Requests for exemption or waiver ................................................................................... 276

13:45A-35.5 Frequency requirements for transmitting information; .................................................... 276

confidentiality ..................................................................................................................................... 276

13:45A-35.6 Access to prescription monitoring information; retention of information ........................ 277

13:45A-35.7 Registration ..................................................................................................................... 280

13:45A-35.8 Delegates ........................................................................................................................ 281

13:45A-35.9 Mandatory look-up .......................................................................................................... 284

13:45A-35.10 Recordkeeping ............................................................................................................... 286

13:45A-35.11 Professional misconduct ................................................................................................ 287

SUBCHAPTER 36. FANTASY SPORTS OPERATORS ................................................................... 288

13:45A-36.1 Purpose and scope .......................................................................................................... 288

13:45A-36.2 Words and phrases defined ............................................................................................. 288

13:45A-36.3 Permission to provide fantasy sports activities for entities operating prior to August 24,

2017 ....................................................................................................................................................

290

13:45A-36.4 Application for permit ..................................................................................................... 290

13:45A-36.5 Equipment used to conduct fantasy sports activities ........................................................ 291

13:45A-36.6 Conduct of fantasy sports activities ................................................................................. 291

13:45A-36.7 Prohibited practices ......................................................................................................... 291

13:45A-36.8 Fairness of fantasy sports activity .................................................................................... 292

13:45A-36.9 Administration of fantasy sports activities ....................................................................... 292

13:45A-36.10 Annual audits................................................................................................................. 293

13:45A-36.11 Operations fee ............................................................................................................... 294

13:45A-36.12 Required policies ........................................................................................................... 294

13:45A-36.13 Participant complaint procedures .................................................................................. 296

13:45A-36.14 Records ......................................................................................................................... 296

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13:45A-36.15 Single account ............................................................................................................... 298

13:45A-36.16 Prohibition on extensions of credit to game participants ............................................... 298

13:45A-36.17 Player funds ................................................................................................................... 298

13:45A-36.18 Renewal of permit ......................................................................................................... 299

13:45A-36.19 Fees ............................................................................................................................... 299

SUBCHAPTER 37.Deed procurement servics ........................................................................... 299

13:45A-37.1 Definitions ....................................................................................................................... 299

13:45A-37.2 Requirements for written forms of communication used to solicit business ..................... 300

SUBCHAPTER 1.

DECEPTIVE MAIL ORDER PRACTICES

SUBCHAPTER 2.

(RESERVED)

SUBCHAPTER 3.

SALE OF ME AT AT RETAIL

13:45A-3.1 DEFINITIONS

The following words and terms, when used in this Subchapter, shall have the following

meanings unless the context clearly 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 loin and which is the lower portion (ventral side) of the sirloin after removal

of the top sirloin butt (dorsal side) by a cut following the 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.

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“Delmonico steak” means boneless 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

“delmonico steak” shall indicate short loin or rib, whichever is 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 than from the heart, esophagus, the tongue or cheeks, of the species

indicated without the addition of fat as such and shall not contain 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 or without the addition of beef fat as such and/or seasoning

and shall not contain more than 30 per cent of fat and shall not contain 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 in said 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 of

dressing. 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 ¼ inch in diameter 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 such person 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, butcher shops, food freezer dealers and food plan companies.

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“Short loin” is the anterior portion of the loin of cattle remaining after the removal of the

posterior portion (sirloin) of the loin and is obtained by a straight cut perpendicular to the contour

of the outer skin surface and perpendicular to the split surface of the lumbar vertebrae and

which passes through the ilium (pelvic bone) leaving a small part of hip bone in the short loin.

“Sirloin” is the posterior portion of the loin of cattle and is obtained by a straight cut made

perpendicular to the contour of 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.

“Sirloin knuckle” or “sirloin tip” means meat derived from the beef round by a straight cut

from the knee cap parallel to and 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, sliced into 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 the tenderloin (psoas muscle) has been removed.

“Spare ribs” means ribs which are removed from the belly portion of the pork carcass mid-

section extending from the scribe line at the fat back side of the belly to and. including portions

of the rib cartilages, with or without a portion of the split breast bone and with or without the skirt

(diaphragm) remaining. Use of such term shall be confined to labeling or advertising the said

meat as herein defined.

“T-bone steak” means meat derived from the short loin of cattle and which exhibits not less

than ½ inch diameter of tenderloin (psoas muscle).

“Tenderloin” means meat derived from the psoas muscle of cattle, sheep or swine.

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“Top sirloin butt” means meat derived from the posterior portion of the loin of cattle after

removal of the short loin and which is the thick upper portion (dorsal side) of the sirloin after

removal of the bottom sirloin (ventral side) by a cut following 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 animal carcass from which meat is derived and shall consist of one, but not

more than one, of the following:

For beef—cheeks, tongue, gullets or esophagus, heart, neck, shoulder, brisket or breast,

foreshank, chuck, diaphragm, 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 and foreshank.

“Diaphragm” is derived from the forequarter and includes the muscles and tendon

attachments which separate the thoracic (chest) cavity from the abdominal cavity.

“Flank” is derived by stripping the serous membrane from over the abdominis

muscles (flank steak) by pulling the abdominis 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 the rib) and contains the 13 ribs vertebrae, six

lumbar vertebrae and five sacral vertebrae.

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“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 approximately ten inches from the chime bone.

“Plate” is derived from the forequarter and includes the sixth through 12 ribs cut

approximately ten inches from the chime bone.

“Rib” is derived from the forequarter and includes the sixth through the 12 ribs

after removal of the plate approximately ten 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 the last (fifth) sacral vertebrae and the first

tail (caudal) vertebrae, passes through a second point which is immediately anterior

to the protuberance of the femur bone and exposes the ball of the femur and then

continues in the same straight line beyond the 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 surface immediately 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 may include cross sections of the ribs:

For veal—cheeks, tongue, gullets or esophagus, heart, neck, shank, breast, shoulder,

rib, loin, sirloin, rump or leg:

i) As used in relation to veal herein and as set forth in Chart 2 herein.

“Breast” is derived by a cut perpendicular to the outer surface which passes

through the cartilaginous juncture of the first rib and anterior extremity of the sternum

and perpendicular to the long axis of the 12th rib approximately four inches from 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 immediately posterior to and parallel with the long axis of the

exposed surface of the aitch bone, leaving no part of the aitch bone in the leg. The

separation of the sirloin and rump.

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“Loin” is located between the sirloin and rib and is removed from the rib by a cut

between the 12th and the 13th ribs and from 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 fourth and 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 bone and rib bones.

“Rump” is removed from the leg as aforesaid and is removed from the loin by a

cut perpendicular to the outer skin surface 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 the fifth ribs.

“Sirloin” is derived from the anterior end of the rump by a cut perpendicular to the

dorsal side starting at any point on the backbone between the juncture of the last

(fifth) lumbar vertebrae:

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 the elbow.

“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.

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“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.

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.

“Ham” is the posterior portion of the hog side removed by a cut 2¼ to 2¾ inches

anterior to the knob end of the aitch bone. The cut shall be at right angles to an

imaginary line from the tip of the aitch bone through the center of the ham and shank.

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 cut side of the shoulder, starting

behind the “ear dip” which must remain on the jowl, and continuing the cut so as to

remove the entire jowl.

“Loin” is removed from the middle portion by a cut (scribe) extending from a point

on the first rib of the loin which is not more than 1¾ inches from the junction of the

foremost rib and the foremost thoracic vertebrae to a point on the ham end which is

immediately adjacent to the major tenderloin muscle. The loin shall be removed from

the fat back and shall contain 11 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 the length of the loin at a point posterior to the edge

of the scapular cartilage and from which the ham end of the loin has been removed

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 the last 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 of the loin flush with the last rib and usually includes

the blade bone.

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“Shoulder” includes the shoulder picnic and shoulder butt and is derived by a cut

starting at a point in the armpit that is not more than one inch posterior to the elbow

joint, but does not expose the elbow joint, and continues reasonably straight across

the hog hide. The foot, ribs and related cartilages, breast bone, intercostal meat,

breast flap, and neck bones shall be excluded.

“Shoulder picnic” is separated from the “shoulder butt” by a cut which is

reasonably straight and perpendicular to the outside skin surface (not slanted or

under cut) and approximately parallel to the breast side of the shoulder leaving all the

major shoulder bone (humerus) and not less than one nor more than two inches of

the blade bone (scapula) in the shoulder picnic.

“Side” (belly) shall be separated from the fat back on a straight line not more than

¾ inch beyond the outermost curvature of the scribe line. The belly must be boneless

and the major cartilages of the sternum and the ribs must be closely and smoothly

removed without deep scoring. Any enlarged soft, porous, or seedy mammary tissue

and the pizzle recess of barrow bellies must be removed.

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 cross section of the leg bone. If the word “cutlet” is used in labeling or

advertising a single slice of meat derived other than from the leg of veal, the species of animal

and primal source from which such meat is derived shall precede the word “cutlet” in at least the

same size and style lettering and on the same background as the word “cutlet”, for example:

VEAL SHOULDER CUTLET

13:45A-3.2 LABELING AND ADVERTISING REQUIREMENTS

a) Except as otherwise exempted in this rule, no person shall produce, prepare, package,

advertise, sell or offer for sale at 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-3.3 EXEMPTION FOR CERTAIN MEATS

The provisions of N.J.A.C. 13:45A-3.2(a) shall not apply to bacon, filet mignon, ground beef,

ground veal, ground lamb, ground pork, hamburger, porterhouse steak, sirloin steak, stew beef,

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T-bone steak, beef tenderloin, pork tenderloin or veal cutlet provided, in the case of any one of

these meats, it is clearly and conspicuously labeled or advertised as to its name set forth in this

Section.

13:45A-3.4 EXEMPTIONS 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 within the State of New Jersey under meat inspection of the United States

Department of Agriculture until after such meat leaves 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 of the United States Department of Agriculture for sale at retail

outside the State of New Jersey.

13:45A-3.5 NAME 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 in labeling such meat provided that the requirements of this rule

are complied with and that any such additional name or labeling appears contiguous to the

species and primal cut name in letters of the same size and style, for example:

SANDWICH STEAK

BEEF TOP ROUND

b) Such name shall not be false, misleading, deceptive or confusing in any way.

13:45A-3.6 ADVERTISING 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 and primal cut) of this Subchapter is used in advertising meat, the

species and primal cut of the meat shall be prominently displayed contiguous to the

additional name and be shown in the same style lettering and on the same background as

the addition name and meet the following requirements as to size:

If the additional name is one inch or more in height, the species and primal cut shall be

at least ¼ the size of the additional name in height.

If the additional name is less than one inch in height, the species and primal cut shall be

at least

⅓

the size of the additional name in height.

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13:45A-3.7 USE OF UNITED STATES DEPARTMENT OF AGRICULTURE GRADING

TERMS

United States Department of Agriculture grading terms, for example, “prime”, “choice” and

the like, shall not be used in labeling or advertising meat unless the carcass or part thereof from

which such meat is derived has been so marked by the United States Department of Agriculture.

13:45A-3.8 USE OF UNITED STATES DEPARTMENT OF AGRICULTURE GRADING

TERMS FOR PORK

United States Department of Agriculture grading terms, for example, “prime”, “choice” and so

forth shall not be used in labeling or advertising pork.

13:45A-3.9 LABELING OR ADVERTISING WHEN CERTAIN UNITED STATES

DEPARTMENT OF AGRICULTURE GRADING TERMS USED

If meat is advertised, sold or offered for sale at retail and the carcass or part thereof from

which such meat is derived has been marked with a United States Department of Agriculture

grade other than “prime” or “choice”, the trading term or recognized abbreviation thereof of such

meat shall appear contiguous to the true name of such meat and be at least as equal in size to

and as prominent as the true name, for example:

BEEF ROUND

UNITED STATES COMMERCIAL

13:45A-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 is uncooked and contains fat, extenders and/or added water,

flavorings, batter, breading, and so forth shall display a label clearly and conspicuously

exhibiting the product name, qualifying statement, if appropriate, and ingredient statement.

b) The ingredients in such meat food product shall be listed by their common usual names in

the descending order of the amount of each ingredient used in formulating the product

together with the percentage of each such ingredient contained 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%

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“BREADED VEAL STEAK, Beef fat added, chopped and shaped”

Veal 61%, Breading and Batter not in excess of 30% (Flour, Water, Salt,

Nonfat Dry Milk, Baking Powder, Dry Eggs, Monosodium Glutamate, Dextrose,

Flavorings,) Beef fat added 8%, Monosodium Glutamate 1%. Total fat not in

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 for such 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 weight of the finished breaded product and the label for such product

shall so indicate.

13:45A-3.11 FABRICATED STEAK

Fabricated beef steaks, veal steaks, beef and veal steaks, or veal and beef steaks, and

similar products, such as those labeled “Beef Steak, Chopped, Shaped, Frozen,” ‘‘Veal Steaks,

Beef Added,” Chopped—Molded—Cubed—Frozen, Hydrolized Plant Protein and Flavoring shall

be prepared by comminuting and forming the product from fresh and/or frozen meat; with or

without added fat, of the species indicated on the label. Such products shall not contain more

than 30 per cent fat and shall not contain added water, binders or extenders.

13:45A-3.12 SUPPLY OF MEAT ADVERTISED

No person shall advertise meat for sale at retail unless such person shall have available at

all outlets listed in the advertisement a sufficient quantity of the advertised meat to meet

reasonably anticipated demands, unless the advertisement, clearly and adequately discloses

that supply is limited and/or the product is available only at designated outlets.

13:45A-3.13 FROZEN MEAT

All meat other than that which is used in hamburger, ground beef, ground pork, ground veal

or ground lamb which has been frozen at any time prior to such meat being offered or exposed

for sale at retail shall be clearly and conspicuously labeled or advertised as “Frozen” or “Frozen

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and thawed”, whichever is appropriate, and such term shall be contiguous to and in the same

size and style lettering and on the same background as the product name.

13:45A-3.14 VIOLATIONS

Without limiting any other practices which may be unlawful under the Consumer Fraud Act,

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 Fraud Act.

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13:45A-3.15 MEAT CHARTS

a) The meat charts referred to in this rule are as follows:

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13:45A-1.1 GENERAL PROVISIONS

b) Without limiting any other practices which may be unlawful under the Consumer Fraud Act,

N.J.S.A. 56:8-1 et seq., this rule makes unlawful thereunder some specific practices in the

mail order or catalog business.

c) It is an unlawful practice in connection with the advertisement or sale of merchandise for a

person conducting a mail order or catalog business to accept money through the mail or

any electronic transfer medium, for merchandise ordered by mail, telephone, facsimile

transmission or electronic mail and then permit six weeks to elapse without either:

Delivering or mailing the merchandise order; or

Making a full refund; or

Sending the consumer a letter or notice advising the consumer of the duration of an

expected delay or the substitution of merchandise of equivalent or superior quality, and

offering to send a refund within one week if so requested. If a proposal to substitute

merchandise is made, it shall describe, in specific detail, how the substituted

merchandise differs from the merchandise ordered; or

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 expense within 14 days of receipt of the merchandise and, upon

request, the consumer’s choice of either, a refund of cash paid, including the amount

of postage to return the item, or a credit; and

ii) A postage-paid letter or card on which the consumer may indicate whether he wishes

the purchase price to be refunded or credited to his account within 14 days of receipt

of the letter or card by the seller. The consumer’s request entered on such a letter or

card must be honored by the seller; and

iii) The written notice and postage-paid letter or card, as stated in (b)4i and ii above,

need not be sent with the merchandise, if in lieu thereof, a statement that the seller

will accept the return of the merchandise for a period of at least 14 days without

reservation is printed in the catalog itself.

d) For purposes of (b)3 and 4 above, merchandise may not be considered of “equivalent or

superior quality” if it is not substantially similar to the merchandise ordered or not fit for the

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purposes intended, or if the seller normally offers the substituted merchandise at a price

lower than the price of the merchandise ordered.

e) Subsection (b) above does not apply:

To merchandise ordered pursuant to an open-end credit plan as defined in the Federal

Consumer Credit Protection Act or any other credit plan pursuant to which the

consumer’s account was opened prior to the mail order in question, and under which the

creditor may permit the customer to make purchases from time to time from the creditor

or by use of a credit card; or

When all advertising for the merchandise contains a notice (which, in the case of printed

advertising, shall be in a type size at least as large as the price) that delay may be

expected of a specified period. In such cases, one of the events described in (b) above

must occur no later than one week after expiration of the period specified in the

advertisement; or

To merchandise, such as quarterly magazines, which by their nature are not produced

until a future date and for that reason cannot be stocked at the time of order; or

To installments other than the first of merchandise, such as magazine subscriptions,

ordered for serial delivery.

f) It is an unlawful practice in connection with the advertisement or sale of merchandise for a

person conducting a mail order or catalog business to fail to disclose the legal name of the

company and the complete and permanent street address from which the business is

actually conducted in any materials, including advertising and promotional materials, order

blanks and order forms, which contain a mailing address other than the actual street

address from which the business actually engages in or conducts business.

g) The provisions of this section shall apply to any person who conducts a mail order or

catalog business in or from the State of New Jersey or who advertises or sells merchandise

via mail order or catalog into this State.

SUBCHAPTER 4.

RULES CONCERNING HAZARDOUS PRODUCTS

13:45A-4.1 UNCONSCIONABLE COMMERCIAL PRACTICE

a) It shall be an unconscionable commercial practice for any person, including any business

entity, to manufacture, distribute, sell or offer for sale any consumer product contrary to any

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order of the Consumer Product Safety Commission, pursuant to 15 U.S.C. §§2051 et seq.

or to advertise a consumer product that has been the subject of a safety advisory, warning,

or recall issued by any governmental agency or the manufacturer of the product, without

clearly and conspicuously disclosing in the advertisement, at the place in the store where

the product is or, if the product is no longer sold, where it was displayed, and at the

customer service area, that the product is the subject of a safety advisory, warning, or recall

and the general nature of the safety hazard that prompted the advisory, warning, or recall.

b) It shall be an unconscionable practice for any person, including any business entity, to

advertise or market to, or otherwise solicit the sale from, a resident of this State, a

consumer product that is illegal to possess or use in this State or a consumer product that is

illegal to possess or use in this State without a valid permit or license, where the

possession or use, or the possession or use without a valid permit or license, would subject

the person possessing or using the product to criminal prosecution, without clearly and

conspicuously disclosing that the product is illegal to possess or use in this State, or to

possess or use in this State without a valid permit or license, as the case may be.

c) It shall be an unconscionable practice for any person, including any business entity, to

advertise or market to, or otherwise solicit the sale from, a resident of this State or to

expose for sale, offer for sale, or sell in this State, a consumer product consisting of a motor

vehicle that is not required to be registered with any state or Federal agency, whose

possession or use in this State is subject to restrictions or limitations, including mandated

safety devices, specific to such product imposed by State law or rule, without clearly and

conspicuously disclosing that the product is subject to restrictions or limitations imposed by

State law or rule and the general nature of such restrictions or limitations.

13:45A-4.2 DEFINITIONS

The following words and terms, when used in this subchapter, have the following meanings,

unless the context clearly requires otherwise:

“Consumer product” means any article or component part thereof, produced or distributed:

For sale to a consumer for use in or around a permanent or temporary household or

residence, a school, in recreation or otherwise; or

For the personal use, consumption or enjoyment by a consumer in or around a permanent or

temporary household or residence, a school, in recreation or otherwise.

“Motor vehicle” means a vehicle propelled otherwise than by muscular power, in, upon or by

which a person or property is or may be transported upon land.

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13:45A-4.3 VIOLATIONS

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. any violation of the provisions of this rule shall be

subject to the sanctions contained in said Consumer Fraud Act.

SUBCHAPTER 5.

DELIVERY OF HOUSEHOLD FURNITURE AND FURNISHINGS

13:45A-5.1 DELIVERY PRACTICES; GENERALLY

a) Any person who is engaged in the sale of household furniture for which contracts of sale or

sale orders are used for merchandise ordered for future delivery shall:

Deliver all of the ordered merchandise by or on the promised delivery date; or

Provide written notice to the consumer of the impossibility of meeting the promised

delivery date. The notice shall offer the consumer the option to cancel said order with a

prompt, full refund of any payments already made or to accept delivery at a specified

later time. Said written notice shall be provided prior to the delivery date.

b) In the event a seller fails to deliver all of the ordered merchandise on the promised delivery

date and makes only a partial delivery, the seller shall comply with the notice requirement of

(a) above. Said notice shall offer the consumer the option of cancelling the order with a

prompt, full refund of any payments already made or accepting delivery 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.

Upon receipt of such non-conforming merchandise, the consumer shall have the option

of either accepting the furniture or of exercising any of the options set forth in (a)2 above.

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13:45A-5.2 CONTRACT FORMS; DATE OF ORDER

a) The contract forms or sales documents shall show the date of the order and shall contain

the following sentence in ten-point bold face type:

The merchandise you have ordered is promised for delivery to you on or

before

(insert date or length of time agreed upon).

b) The blank for the delivery date referred to in (a) above shall be filled in by the seller at the

time the contract of sale is entered into by the parties or when the sales documents are

issued, either as a specific day of a specific month or as a length of time agreed upon by

the buyer and seller (for example, “six weeks from date of order”). The date for delivery

shall not be pre-printed in the contract prior to the time the contract of sale is entered into

by the parties or when the sales documents are issued.

13:45A-5.3 CONTRACT FORM; DELAYED DELIVERY

a) The contract forms or sales documents shall conspicuously disclose the seller’s obligations

in the case of delayed delivery in compliance with N.J.A.C. 13:45A-5.1 and shall contain, on

the first page of the contract form or sales document, 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) must offer 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 New Jersey 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 sales final,” “no cancellations” or “no refunds,” 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-5.4 VIOLATIONS; SANCTIONS

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., any violation of the provisions of this subchapter

shall be subject to the sanctions contained in said Consumer Fraud Act.

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SUBCHAPTER 6.

INTERNET DATING SERVICES

13:45A-6.1 PURPOSE AND SCOPE

a) The purpose of this subchapter is to require Internet dating services to make disclosures in

addition to those required by P.L. 2007, c. 272, N.J.S.A. 56:8-168 et seq. (Act), in order to

effectuate the purposes of the Act.

b) The subchapter applies to Internet dating services that offer dating services over the

Internet to residents of the State and accept membership applications from residents of the

State.

13:45A-6.2 DEFINITIONS

The following words and terms as used in this subchapter shall have the following meanings

unless the context clearly indicates otherwise:

“Criminal background screening” means a name search for a person’s criminal convictions

initiated by an on-line dating service provider and conducted by one of the following means:

By searching available and regularly updated government public record databases for criminal

convictions, so long as such databases, in the aggregate, provide substantial national

coverage; or

By searching a database maintained by a private vendor that is regularly updated and is

maintained in the United States with substantial national coverage of criminal history records

and sexual offender registries.

“Internet dating service” means a person or entity directly or indirectly in the business of

offering, promoting or providing access to dating, relationship, compatibility, matrimonial or

social referral services principally on or through the Internet for profit, where the profit is derived

from fees from members, advertising, or any other source.

“Member” means a customer, client or participant who submits to an Internet dating service

information required to access the service for the purpose of engaging in dating, relationship,

compatibility, matrimonial or social referral.

“New Jersey member” means a member who provides a New Jersey address or zip code

when registering with the service.

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13:45A-6.3 CRIMINAL BACKGROUND INFORMATION

a) An Internet dating service that conducts criminal background screenings on its members

shall, in addition to the disclosures required by P.L. 2007, c. 272 (N.J.S.A. 56:8-171(d)),

disclose, clearly and conspicuously, to all New Jersey members:

The means that it uses to conduct the criminal background screenings;

A description of how the criminal background screening is conducted, including how the

means disclosed pursuant to (a)1 above are utilized, whether it updates criminal

background screening information, and if so, how often the update is performed;

Whether it allows a member who has been identified as having a conviction for any

crime, including, but not limited to, any sex offense, that would qualify the offender for

registration pursuant to section 2 of P.L. 1994, c. 133 (N.J.S.A. 2C:7-2) or under another

jurisdiction’s equivalent statute to have access to its service to communicate with any

New Jersey member; and

What crimes, if any, disqualify a member from having access to its service to

communicate with any New Jersey member.

b) The disclosures required by (a) above shall be provided in bold letters in at least 12-point

type on the website pages on which a New Jersey member is requested to provide personal

information. The disclosures may be provided on a single webpage, such as the home

page, provided that a link to the disclosures is conspicuously displayed on all the webpages

on which a New Jersey member is requested to provide personal information.

13:45A-6.4 DATE OF CRIMINAL BACKGROUND INFOR MAT IO N

An Internet dating service that discloses that it conducts a criminal background screening on

members shall conspicuously display on the webpage containing a member’s profile the

service’s policy, or a link to the policy, regarding the updating of criminal background screening

information.

SUBCHAPTER 7.

(RESERVED)

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SUBCHAPTER 8.

PREPAID CALLING CARDS

13:45A-8.1 SCOPE

a) The provisions of this subchapter apply to providers offering or selling prepaid calling

service or prepaid calling cards to persons in the State and distributors of such cards for

resale to persons in the State.

b) The provisions of this subchapter shall not apply to prepaid calling cards printed prior to

August 1, 2008 and point-of-sale material relating to such cards printed prior to that date.

c) All prepaid calling cards printed after August 1, 2008 and all sales material and voice

prompts created, printed, distributed or aired after that date shall be subject to this

subchapter.

13:45A-8.2 DEFINITIONS

The following words and terms, when used in this subchapter, shall have the following

meanings, unless the context clearly indicates otherwise.

“Advertisement” means the attempt, directly or indirectly by publication, dissemination,

solicitation, endorsement or circulation or in any other way, to induce directly or indirectly any

person to purchase any prepaid calling card or calling services, appearing in any newspaper,

magazine, periodical, circular, in-store or out-of-store sign or other written matter placed before

the consuming public or in any radio broadcast, television broadcast, electronic medium or

delivered to or through any computer.

“Government fees” means any and all fees, taxes and charges assessed pursuant to State or

Federal law, regulation or other mandate or requirement, including universal service fees and

charges.

“Pay phone surcharge” means the surcharge that a provider may charge a customer when

that consumer places a call with a card from a pay phone using a toll-free access number. The

pay phone surcharge shall be deducted from a card’s balance.

“Permitted fee” means the fees and surcharges that a provider may charge to, or deduct

from, a card’s balance for the use of that card, in addition to the rate per minute to the particular

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destination called, which includes and is limited to any pay phone surcharge, any recharge

convenience fee, any directory assistance fee and any government fees.

“Person” means a natural person, partnership, corporation, limited liability company, or any

other entity.

“Prepaid calling card” or “card” means any right of use purchased for a sum certain that

contains an access number and authorization code that enables a consumer to use a prepaid

calling service. Such rights of use may be embodied on a card or other physical object or may

be purchased by an electronic or telephonic means through which the purchaser obtains access

numbers and authorization codes that are not physically located on a card or other object.

“Prepaid calling card” shall not be construed to include cards or other rights of use that provide

access to:

Telecommunications service if the card or other rights of use and telecommunications

service are provided:

i) For free or at no additional charge as a promotional item accompanying a product or

service purchased by a consumer; or

ii) Pursuant to an awards, loyalty, rebate or promotional program without any separate

monetary consideration being given by the consumer solely in exchange therefor; or

A wireless telecommunications service account if the purchaser has a pre-existing

relationship with the wireless service provider or establishes a carrier-consumer

relationship via the purchase of a device.

“Prepaid calling card distributor” or “distributor” means and includes: any person who

purchases or receives prepaid calling cards or service from a prepaid calling service provider, a

telecommunications carrier or other distributor and sells or distributes those cards or service to

one or more distributors of prepaid calling cards, or to one or more prepaid calling card retailers;

and any person who otherwise actively engages in the promotion, advertising or dissemination

of prepaid calling cards or service and who is not a provider. “Prepaid calling card distributor”

shall not include any prepaid calling card retailers engaged exclusively in point-of-sale

transactions with consumers.

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“Prepaid calling card retailer” means any person who sells or offers to sell prepaid calling

cards directly to consumers.

“Prepaid calling service” or “service” means any prepaid telecommunications service that

allows consumers to originate calls through a local, long distance or toll-free access number and

authorization code, whether manually or electronically dialed. Prepaid calling service shall not be

construed to include any service that provides access to a wireless telecommunications service

account through which the purchaser has a pre-existing relationship with the wireless service

provider or establishes a carrier-customer relationship via the purchase of a device.

“Provider” means any person providing prepaid calling service to the public using its own, or

a resold, telecommunications network or voice over Internet technology.

“Telecommunications network” means the combination of network elements that are required

to transmit information in the form of voice, data or video between or among points specified by

the user in local or long distance applications without change in the form or content of the

information sent and received.

“Toll-free number” means an 800 number, or other telephone number widely understood to

be toll-free, which, when called as the destination number or as an access number, shall not

result in the calling party being assessed, by virtue of completing the call, any fee, charge or

higher rate for the call unless such fee, charge or higher rate is disclosed pursuant to N.J.A.C.

13:45A-8.3(c).

13:45A-8.3 DISCLOSURE REQUIREMENTS

a) The following standards and requirements for consumer disclosure and services shall apply

to the advertising and sale of prepaid calling cards and prepaid calling services:

Any advertisement of the price, rate or unit value in connection with the sale of prepaid

calling cards or services shall include a disclosure of any geographic, area code or

exchange limitation to the advertised price, rate or unit value, as well as a disclosure of

any additional surcharges, call setup charges or fees applicable to the advertised price,

rate or unit value;

The person responsible for issuing a card, whether it be the provider or distributor, or

both, shall cause the following information to be conspicuously printed on the card or, if

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the rights to use the service are not embodied in a card or other physical object, the

information shall be furnished as provided in (a)3 below:

i) The name of the provider and, if applicable, the distributor issuing the card;

ii) A toll-free customer service number and notice that at that number the user can

obtain the number of minutes remaining on the card for a call to a particular

destination number;

iii) A network access number, if available, to access service and the charge, if any, for

use of that, number;

iv) The authorization code or PIN, if required to access service, which shall be

concealed by opaque security film with a scratch layer, or other means, until

uncovered by the user;

v) The expiration date, if any, which shall be a fixed date, or the expiration period, which

shall be a specified period measured from first use of the card;

vi) If applicable, that the card or service is subject to maintenance and other fees and

charges;

vii) Instructions on how to use the card; and

viii) Instructions on how to obtain complete information about the use of the card,

including fees and charges for, and any restrictions or limitations on the use of, the

card;

The person responsible for the packaging of a card, whether it be the provider or

distributor, or both, shall cause the following information to be conspicuously printed on

the packaging, if any, or on a clear and conspicuous poster or other writing in plain

language at the point of sale, and through the customer service number, a web site or

other electronic medium, the following information:

i) The name of the provider and, if applicable, the distributor issuing the card;

ii) The value of the card or service, in dollars or minutes;

iii) The amount and frequency of any permitted fee that may be applicable to the use of

the card or service for calls originating within the United States;

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iv) Notice that additional per minute rates or charges, including surcharges, taxes or

fees, including monthly or other periodic fees, maintenance fees, per-call access,

connection fees or disconnection fees, may apply to use of the card or the service for

calls to or from international telephone numbers, indicating the applicable respective

amounts and which such rates or charges, if any, are assessed on a call prior to the

dialing of a destination number;

v) If advertising for a card identifies one or more regions, countries, cities or other

destinations that may be called by using the card the rates for calls made to the

destination or destinations advertised for the card or, in lieu of disclosing each rate,

the highest rate for any calls to the destinations advertised for that card;

vi) Notice that additional or different per minute rates, charges or fees may apply to calls

made to or from international cellular and international wireless telephone numbers;

vii) Where a toll-free number is not the exclusive access number, notice that per minute

rates may be higher, or a surcharge may be imposed, for calls made via toll-free

numbers;

viii) Notice that a pay phone surcharge may be imposed or that the per minute rate may

be higher on a call made from a pay phone;

ix) The minimum charge per call, if any;

x) The definition of the term “unit,” if applicable;

xi) The billing decrement and monetary rounding policies as provided in N.J.A.C.

13:45A-8.8;

xii) The recharge policy, if any;

xiii) The refund policy, if any; and

xiv) The expiration policy, if any;

The person responsible for advertisements that are not at the point of sale or on a

website or other electronic medium shall cause the following information to be disclosed

in such advertising:

i) The name of the provider or distributor issuing the card;

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ii) A toll-free customer service number and notice that at that number the user can

obtain complete information about the use of the card, including fees and charges,

any restrictions or limitations on the use of the card and the number of minutes

remaining on the card for a call to a particular destination number; and

iii) The expiration policy, if any;

The value of the card and the amount of the various charges, however denominated, that

are required to be disclosed by (a)2 and 3 above, shall be expressed in the same format.

That is, if the value of a card is expressed in minutes, all charges shall be expressed in

minutes based on calls from New Jersey to the advertised destination. If the value of the

card is expressed in dollars, all charges shall be expressed in dollars;

Any claims made in the information required by (a)3 above regarding the number of

minutes available to one or more destinations shall contain an explanation as to how the

maximum number of minutes was determined. Such number of minutes shall be available

to the consumer under the conditions stated;

Where any rates or claims listing the maximum number of minutes available to one or

more particular destinations are made in the information required by (a)3 above that is

furnished in writing, and such rates or claims are subject to change, the provider or

distributor shall include in such written information, the fact that rates are subject to

change, the date the written information was printed, the date through which the rates or

claims are in effect, if applicable, and how the consumer can contact the provider to

determine current rates and terms of service;

Where any rates or claims listing the maximum number of minutes available to one or

more particular destinations are made in the information required by (a)3 above that is

furnished through the customer service number, a web site or other electronic medium,

the rates or minutes shall be those in effect when the information is furnished; and

If a language other than English is predominantly used on a prepaid calling card or its

packaging, or in point-of-sale advertising or promotion for the prepaid calling card or

prepaid calling service, the information required by (a)3 above shall also be disclosed in

that language on the card, packaging, advertisement or promotion.

13:45A-8.4 PROHIBITED PRACTICES

a) A provider shall not charge, apply or deduct from a card’s balance any fees, taxes,

surcharges or other amounts for use of the card, except:

The rate per minute for the particular destination called;

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Any permitted fees; and

Any rate per minute, fee or charge disclosed pursuant to N.J.A.C. 13:45A-8.3(a)3.

b) Prepaid calling card distributors shall not distribute any prepaid calling card, which they

know violates any provision of N.J.A.C. 13:45A-8.3.

c) Prepaid calling card retailers shall not sell or offer for sale any prepaid calling card, which

they know provides fewer minutes than the number of minutes promoted or advertised for

that card, including the number of minutes listed on the card, any advertising or point-of-

sale material related to the card or any voice prompt indicating the number of minutes

available for a call with the card.

13:45A-8.5 REQUIRED TOLL-FREE TELEPHONE NUMBER

a) A provider shall establish and maintain a toll-free customer service telephone number that

shall meet the following requirements:

Customer service may be provided by a combination of a live operator, interactive voice

response and electronic voice recording of customer inquiries and complaints, but live

operator service shall be available 24 hours a day, seven days a week. If an electronic

voice recorder is used, the provider shall attempt to contact the customer no later than

the next day following the date of the recording;

The telephone number shall have sufficient capacity and staffing to accommodate a

reasonably anticipated number of calls without incurring a busy signal or undue wait. If a

language other than English is predominantly used on a card or any advertising for a

card or service, such card or advertising shall contain a notice in that other language

whether customer service is available in that other language;

The telephone number shall allow consumers to lodge complaints and obtain information

on all of the following:

i) All rates, surcharges, taxes and fees;

ii) The minutes and, if applicable, the dollar balance, available and remaining on the

card, for use in a single, uninterrupted call to a single, requested destination through

the card and prepaid calling service;

iii) The provider’s recharge, refund and expiration policies; and

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iv) In the event of a dispute, the information specified in N.J.A.C. 13:45A-8.9(a); and

A provider shall not impose a fee or surcharge related to obtaining customer service,

including any charge related to connecting with the customer service number or waiting

to speak to a live operator.

13:45A-8.6 VERBAL DISCLOSURE REQUIREMENTS

a) Providers shall provide a verbal announcement, which may be automated, immediately after

a destination number is entered and prior to the processing of the call, stating the minutes

remaining on the prepaid calling services account or prepaid calling card for a call to the

number entered and offering the caller the opportunity to cancel the call, followed by a

pause giving the caller reasonable time to terminate the call without incurring any charge for

the call.

b) The voice prompt shall state only the number of minutes available for that call to the dialed

destination. The caller must be able to receive 100 percent of the minutes of prepaid calling

service that have been announced on the voice prompt for such call. The provider or

distributor may not disclaim liability under this section by providing notice that the

announced minutes are subject to, or before the application of, fees or charges or by

utilizing other disclaimers or limitations. Other than information about the number of minutes

available to the destination dialed by the consumer on the particular call, providers shall not

advertise or promote minutes or rates available for calls to other destinations through voice

prompts after the entry of the destination number dialed by the caller.

c) The consumer shall not be charged for any busy signal or unanswered call.

d) When, during a call, the prepaid account or card balance is about to be completely

depleted, the provider shall provide a voice prompt or other audible signal at least one

minute or billing increment before the time expires.

If the voice prompt or other audible signal occurs more than one minute before the call

time expires, then the voice prompt or audible signal shall indicate the minutes of call

time remaining.

13:45A-8.7 AVAILABILITY OF MINUTES ADVERTISED OR PROMOTED

All minutes or rates, or both, promoted or advertised on any prepaid calling card, any point-

of-sale material relating to that card or otherwise relating to any prepaid calling service, shall be

available and achievable by the consumer and there shall be no limitations on the period of time

for which the promoted or advertised minutes or rates, or both, will be available to the consumer

unless those limitations are clearly and conspicuously disclosed in the same location on the

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card, advertising or point-of-sale material where the minutes or rates, or both, are promoted or

advertised.

13:45A-8.8 BILLING DECREMENT ROUNDING AND MONETARY ROUNDING

a) The billing decrement required to be disclosed under N.J.A.C. 13:45A-8.3(a)3xii shall be the

policy that applies to the use of the prepaid calling card or calling service for calls from New

Jersey to the advertised destination no matter where the caller is when the call is placed.

The disclosure shall also give notice, if applicable, that additional or different billing

decrement policies may apply to usage of the prepaid calling card or prepaid calling service

to or from other destinations.

b) A provider or distributor shall not be required to print a billing decrement rounding policy

when calls are rounded no higher than to the nearest minute.

c) A provider or distributor shall not be required to print a monetary rounding policy when rates

are rounded no higher than the nearest cent.

13:45A-8.9 CALL DETAIL INFORMATION; RECORDS

a) In the event of a dispute between a customer and a provider concerning the duration or

occurrence of a call, which cannot otherwise be resolved, the provider shall provide the

customer with the following information about the disputed call or calls:

The area code or country code of the originating telephone number;

The area code or country code of the terminating telephone number; and

The date, time and call duration.

b) A provider shall maintain for at least two years records of all consumer complaints received

by live customer service representatives.

c) A provider shall maintain for at least two years a sample of all prepaid calling cards, card

packaging and advertisements, including point-of-sale advertisements; copies of all detailed

rate decks for all of provider’s cards, including detailed breakdowns of all rates, charges

and fees applicable for calls to all destinations on the rate deck and all records showing all

modifications made to the rate decks during such period; records of provider’s calling card

platform settings showing whether voice prompts announcing call duration have been set to

correspond with actual call duration; recordings of voice prompts announcing rates, fees or

charges; and the following call detail information: the dialing and signaling information that

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identifies the inbound access telephone number called, the number of the originating

telephone, the date and time the call originated, the date and time the call terminated, the

called telephone number and the PIN and/or account number associated with the call and

the PIN decrement records.

13:45A-8.10 ACTIVATION AND RECHARGING

a) If a card is not available for use until activated by a point-of-sale terminal or comparable

means, notice shall be provided on the card or on the front of the card’s packaging in

language that reasonably explains that the card has no value until activated.

b) If a customer contacts the provider to recharge the card, the provider shall inform the

customer, upon request, of the per minute rate and all charges and/or fees that apply to the

use of the card for calls within the continental United States made from New Jersey,

including, but not limited to, maintenance fees, pay phone surcharge and connection fees.

13:45A-8.11 MINIMUM ACTIVE PERIOD; MAINTENANCE FEES

a) A card shall expire at the earlier of the expiration date or the end of the expiration period

stated on the card. Cards without a specific expiration date or policy printed on the card,

and with a balance of service remaining, shall be considered active for a minimum of one

year from the date of sale, or if recharged, from the date of the last recharge.

b) No maintenance or dormancy fee shall be charged against a card for any period prior to the

time it is first used to dial a destination number.

13:45A-8.12 REQUIRED REFUNDS

A provider that issues prepaid calling cards or prepaid calling services shall provide a refund

to any purchaser of a prepaid calling card or prepaid calling services if the network services

associated with that card or services fail to operate in a commercially reasonable manner. The

refund shall be in an amount not less than the value remaining on the card or in the form of a

replacement card and shall be provided to the consumer within 60 days from the date of receipt

of notification from the consumer that the card has failed to operate in a commercially

reasonable manner.

13:45A-8.13 SURCHARGES

a) A provider shall not charge any fee or surcharge that is not disclosed as required by this

subchapter or that exceeds the amount disclosed by the provider.

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b) A provider shall not charge a consumer for, or impose a fee or surcharge on, any call if the

consumer is not connected to the number called. For this purpose, a call shall not be

considered connected to the number called if the consumer receives a busy signal or the

call is unanswered.

c) In the case of prepaid calling cards or services utilized at a pay phone, the provider shall

provide voice prompt notification of any applicable pay phone surcharges, in addition to the

notice required by N.J.A.C. 13:45A-8.3(a)3vii, so long as the provider affords users of

prepaid calling cards or services reasonable time to terminate the call after notification of

applicable pay phone surcharges without incurring any charge for the call.

13:45A-8.14 ACCESS NUMBER

A provider shall maintain access numbers with sufficient capacity to accommodate a

reasonably anticipated number of calls without incurring a busy signal or undue delay.

13:45A-8.15 VIOLATIONS

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., any violation of the provisions of this subchapter

shall be subject to the sanctions contained in the Consumer Fraud Act.

SUBCHAPTER 9.

GENERAL ADVERTISING

13:45A-9.1 DEFINITIONS

The following words and terms, when used in this subchapter, shall have the following

meanings, unless the context clearly indicates otherwise.

“Advertisement” means any attempt by an advertiser, other than by use of a price tag or any

offering for the sale of a motor vehicle subject to the requirements of N.J.A.C. 13:45A-26A, to

directly or indirectly induce the purchase or rental of merchandise at retail, appearing in any

newspaper, magazine, periodical, catalog, circular, in-store or out-of-store sign or other written

matter placed before the consuming public, or in any radio broadcast, television broadcast,

electronic medium or delivered to or through any computer.

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“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 the sale or rental of merchandise at retail and who placed, either

directly or through an advertising agency, an advertisement before the public.

“Catalog” means a multi-page solicitation in which a seller offers goods for sale or rental for

a seasonal or specified period of time, from which consumers can order goods directly without

going to the seller’s place of business. An advertising circular, distributed through inclusion in a

newspaper, representing a seller’s partial offering of goods for sale or rental for 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 at one or more specified locations which the advertiser will not have

available for sale within a reasonable period of time after all such items have been sold.

“Division” means the Division of Consumer Affairs.

“Factory outlet” means an establishment owned by a manufacturer that is used primarily to

offer, at retail, the manufacturer’s products 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 the purpose 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 of merchandise that has been offered or sold by the advertiser in his

or her trade area or competitors in their trade area.

“Free-to-pay conversion” means, in an offer or agreement to sell or provide any

merchandise, a provision under which a consumer receives the merchandise for free for an

initial period and will incur an obligation to pay for the merchandise if he or she does not take

affirmative action to cancel before the end of that period.

“Free trial” or “risk free trial” means an offer or agreement to provide merchandise to a

consumer for a period of time without any terms or conditions.

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“Home appliance” means any electrical, mechanical or thermal article produced or

distributed for sale to a consumer for use 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, televisions and washers.

“Merchandise” means any objects, wares, goods, commodities, services or anything offered

directly or indirectly to the public 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 contingent upon the consumer’s merchandise selections, such as the number of units

purchased, the purchase of other merchandise pursuant to the terms of the advertiser’s offer, or

the total dollar amount of the consumer’s order, for example, “Buy two cans of 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 of percentage 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 the purpose 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 and payment 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, is automatically applied to reduce the retail price of the merchandise at the

time it is scanned for consumer purchase, or a price reduction 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 advertised merchandise.

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“Price reduction advertisement” means an advertisement which in any way states or

suggests directly or indirectly that merchandise is being offered or made available for sale at a

price less than that at which it has been routinely sold or offered for sale in the past or at which it

will be sold or offered for sale in the future. The following words and terms or their substantial

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, price cut, bargain, reduced, prices slashed,

clearance, regularly, usually, cut rate, originally, formerly, warehouse or factory clearance, 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 a previously advertised price.

“Scanner” means an electronic system that employs a laser bar code reader to retrieve

product identity, price and other information stored in computer memory.

“Targeted discount” means a price reduction on merchandise which reduction is restricted to

customers designated by the advertiser, such as those who possess a card or other device

bearing a scanner-readable code issued by the advertiser, a particular type of credit card, or

some other device which, when read by the scanner, shall apply the discount at the time of

purchase.

“Trade area” means that geographical area in which an advertiser solicits or makes a

substantial number of sales.

13:45A-9.2 GENERAL 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 to all advertisements:

The failure of an advertiser to maintain and offer for immediate purchase advertised

merchandise in a quantity sufficient to meet reasonably anticipated consumer demand

therefor. When an advertisement states a specific period of time during which

merchandise will be available for sale, a sufficient quantity of such merchandise shall be

made available to meet reasonably anticipated consumer demand during the stated

period. When no stated period appears in the advertisement, a sufficient quantity of

merchandise shall be made available to meet reasonably anticipated consumer demand

during three consecutive business days commencing with the effective date of the

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advertisement. The requirement of this subsection shall not be applicable to merchandise

which is advertised:

i) On an in-store sign only with no corresponding out-of-store sign;

ii) As being available in a specific quantity; or

iii) As being available in a “limited supply,” pursuant to a “closeout sale” or pursuant to a

“clearance sale” if such offering meets the definition of a closeout sale; or if

represented to be permanently reduced.

The failure of an advertiser to specifically designate within an advertisement which

merchandise items possess special or limiting factors relating to price, quality, condition

or availability. By way of illustration, and not by limitation, the following shall be deemed

violative of this sub-paragraph:

i) The failure to specifically designate which merchandise items are below cost, if any

amount less than all advertised 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 than first 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 not be available. Such information need not be disclosed on

any in-store advertisement.

The failure to conspicuously post notice of advertised merchandise, on the business

premises to which the advertisement 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 merchandise or any sign with

such terms as “sale,” “as advertised,” “20% off.”

In any price advertisement in which a home appliance is offered for sale, the failure of an

advertiser to disclose the following information relating to the advertised merchandise:

the manufacturer’s name or the merchandise trade name, the model or series number

and such other information as may be necessary to clearly delineate the advertised item

from other similar merchandise produced by the same manufacturer.

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The use of any type, size, location, lighting, illustration, graphic depiction or color

resulting in the obscuring of any material fact. Disclaimers permitted or required under

this section, such as “terms and conditions apply” and “quantities limited,” shall be set

forth in a type size and style that is clear and conspicuous relative to the other type sizes

and styles used in the advertisement.

The use of the terms “Public Notice,” “Public Sale” or words or terms of similar meaning

in any advertisement offering merchandise for sale, where such sale is not required by

court order or by operation of law, other than a sale conducted by an auctioneer on

behalf of a nonbusiness entity.

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 the advertiser’s corporate, partnership or trade

name or otherwise, where such terms do not reflect a bona fide description of the

advertiser being described.

Whenever an advertiser provides a raincheck for an advertised item which is not

available for immediate purchase, the failure to:

i) Honor or satisfy such raincheck within 60 days of issuance unless an extension of

such time period is agreed to by the holder thereof or, if after a good faith effort an

advertiser cannot procure for the holder of the raincheck the advertised merchandise

within the 60-day period, failure to offer the holder of the raincheck a different item of

merchandise of substantially the same kind, quality and price as the original

advertised merchandise; and

ii) Give written or telephonic notice to the holder thereof when the merchandise is

available and hold such merchandise for not less than 10 days after giving such

notice or to the end of the 60-day period for which the raincheck is valid, whichever is

longer, for all merchandise with an advertised unit price greater than $15.00;

iii) Offer a raincheck to all customers who are unable, due to the unavailability thereof,

to purchase the advertised merchandise during the period of time during which the

merchandise has been advertised as available for sale; and

iv) Conspicuously post its raincheck policy on a sign in at least one of the following

locations:

(1) Affixed to a cash register or location of the point of sale;

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(2) So situated as to be clearly visible to the buyer;

(3) Posted at each store entrance used by the public;

(4) At the location where the merchandise was offered for sale;

(5) In an advertisement for merchandise; or

(6) Printed on the receipt of sale.

The making of false or misleading representations of facts concerning the reasons for,

existence or amounts of price 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 made regarding the safety, performance, availability, efficiency, quality or

price of the advertised merchandise, nature of the offering or quantity of advertised

merchandise available for sale. Such records shall be made available upon request for

inspection by the Division or its designee at the advertiser’s regular place of business or

central office in New Jersey, or, at the advertiser’s option, the Division’s designated

offices, for a period of 90 days 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 or similar terms that directly or indirectly compare or suggest the

comparison between the cost of supply and the price 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 is not equal to or less than the price per unit paid by the advertiser to

the manufacturer or distributor of the merchandise. In the computation of the price per

unit of the advertised merchandise, freight may be included if the advertiser pays for

same and is not reimbursed therefore, but handling and all overhead or operating

expenses shall be excluded.

13)

The advertising of a free-to-pay conversion as a “risk free trial,” or a “free trial,” or as any

other offer that requires the consumer to do nothing other than accept merchandise or a

service without any obligation, unless the advertisement clearly states the length of the

period the offer is without obligation or that terms and conditions apply.

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13:45A-9.3 PRICE 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 complying with the provisions of N.J.A.C. 13:45A-9.2:

State with specificity in any price reduction advertisement the period of time during which

the price reduction shall be applicable, unless that merchandise is advertised in the

manner set forth in N.J.A.C. 13:45A-9.2(a)1i through iii;

Ensure that the amount of the price reduction is sufficiently large that the consumer, if he

or she knew what the former price was, would believe that a genuine bargain or saving

was being offered; and

Comply with the provisions of N.J.A.C. 13:45A-9.4 if the advertisement makes reference

to a former price or price range; however, this requirement shall not apply to

merchandise discount offers made in accordance with N.J.A.C. 13:45A-9.8.

13:45A-9.4 PRICE REDUCTION ADVERTISEMENTS; ITEMS OF MERCHANDISE

SPECIFICALLY ADVERTISED AT A PRICE OF MORE THAN $100.00

a) An advertiser offering an item of merchandise specifically advertised for sale at a price of

$100.00 or more shall, in addition to complying with the provisions of N.J.A.C. 13:45A-9.2:

State the selling price or price range;

State the former price or price range or the amount of the reduction in dollars;

State with specificity in any price reduction advertisement the period of time during which

the price reduction shall be applicable, unless the merchandise is advertised in the

manner set forth in N.J.A.C. 13:45A-9.2(a)1i through iii;

Set forth the former price or price range or the amount of reduction in dollars in close

proximity to the selling price or price range and the advertised item;

Set forth the basis upon which the former price or price range or the amount of reduction

in dollars was established 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 to designate the basis for the

former price; and

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Set forth with specificity when in the remote past a former price of an item of

merchandise was effective if it was not actively or openly offered for sale within the

advertiser’s trade area in the regular course of business during at least 28 of the 90 days

before the effective date of the advertisement. In this regard, when advertising a

seasonal sale, such as Christmas dishes, pool supplies, outdoor furniture, etc., actual

dates, specific holidays or 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:

An advertiser operates more than one retail outlet at which advertised merchandise has

been or will be available for purchase at different prices in the ordinary course of

business. In such case, the price range shall be based upon the sales or offers of sale at

the advertiser’s retail outlets; or

An advertiser advertises two or more items of comparable merchandise as available at

reduced prices, in which case 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-9.5 PRICE REDUCTION ADVERTISEMENTS; MERCHANDISE ADVERTISED

AS A SAVINGS OF A PERCENTAGE OR A RANGE OF 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:

State the minimum percentage reduction as conspicuously (such as the same size print)

as the maximum percentage reduction when applicable; and

Set forth the basis upon which the former price was established pursuant to N.J.A.C.

13:45A-9.6(b), in close proximity 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.

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13:45A-9.6 PRICING; 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 violation of 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:

Of a substantial number of sales of the advertised merchandise, or comparable

merchandise of like grade or quality made within the advertiser’s trade area in the regular

course of business at any time within the most recent 60 days during which the

advertised merchandise was available for sale prior to, or which were in fact made in the

first 60 days during which the advertised merchandise was available for sale following

the effective date of the advertisement;

That the advertised merchandise, or comparable merchandise of like grade or quality,

was actively and openly offered for sale at that price within the advertiser’s trade area in

the regular course of business during at least 28 days of the most recent 90 days before

or after the effective date of the advertisement; or

That the price does not exceed the supplier’s cost plus the usual and customary mark-up

used by the advertising merchant in the actual sale of the advertised merchandise or

comparable merchandise of like grade or quality in 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 deemed fictitious 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 types of advertising the Division shall consider to be fictitious:

John Doe is a retailer of Brand X fountain pens which cost him $5.00 each. His usual

markup is 50 percent over cost. That is, his regular retail price is $7.50. In order

subsequently to offer an unusual “bargain,” Doe temporarily raises the price of Brand X

pens to $10.00 each. In so doing, Doe realizes that he will only be able to sell a few

pens, if any, at this inflated price. But he does not care, because he intends to maintain

that price for only a few days. Then he “cuts” the artificially inflated price of $10.00 to the

usual price—$7.50 at which time he advertises: “Terrific Bargain: X Pens, Were $10,

Now Only $7.50.” This is obviously a false claim. The advertised “bargain” is not genuine.

Retailer Doe advertises Brand X pens as having a “Retail Price $15.00, My Price $7.50,”

when, in fact, only a few small suburban boutique-type stores in the area charge $15.00.

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All of the larger outlets, like retailer Doe’s, located in and around the main shopping

areas charge approximately $7.50. This advertisement would be deceptive because the

price charged by the small suburban boutique or specialty stores would have no real

significance to Doe’s customers, to whom the advertisement of “Retail Value $15.00”

would suggest a prevailing, and not merely an isolated and unrepresentative price in the

area in which they shop.

Retailer Doe advertises Brand X pen as “Comparable Value $15.00” when only a small

number of unrepresentative specialty stores in the trade area offer Brand Y, an

essentially similar pen, for that price. This is a related form of misleading advertising

because the price of the comparable merchandise (that is, Brand Y), which is cited for

comparison is not representative of the price for Brand Y being charged by

representative retail outlets in the advertiser’s trade area.

13:45A-9.7 APPLICATION OF REGULATION

a) This subchapter shall apply to the following advertisements:

Any advertisement uttered, issued, printed, disseminated or distributed within this State

concerning goods and services advertised as available at locations exclusively within this

State; and

Any advertisement, other than radio and television broadcasts, issued, printed,

disseminated or distributed to any substantial extent within this State concerning goods

and services advertised as available at locations within this State and outside this State;

and

Any advertisement, other than radio and television broadcasts, issued, printed,

disseminated or distributed primarily within this State concerning goods and services

advertised as available at locations exclusively outside this State; and

Any radio and television broadcasts uttered, issued, disseminated or distributed primarily

within this State and outside 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, periodical, circular, billboard or radio or television station acting on

behalf of an advertising seller shall be deemed an advertiser within the meaning of this

subchapter, when such entity prepares or places an advertisement for publication. 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 when the violation is caused by an act, error or omission beyond

the entity’s control, including but not limited to, the post-publication performance of the

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advertising seller. Notwithstanding that an advertisement has been prepared or placed for

publication by one of the aforementioned entities, the advertiser on whose behalf such

advertisement was placed 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 the advertiser shows by a preponderance of evidence that failure to

comply resulted from actions of persons other than the advertiser which were not, or should

not have been reasonably anticipated by the advertiser; or that such failure was 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 unconstitutional or beyond the statutory powers of the Attorney

General, the remainder of this subchapter and the application of such provisions to other

persons or circumstances shall not be affected.

13:45A-9.8 RETAIL DISCOUNTS IN SCANNER STORES; PERCENTAGE-OFF

DISCOUNTS; POINT-OF-SALE DISCOUNTS; MULTI-TIERED PRICING OFFERS;

TARGETED DISCOUNTS

a) Retail establishments which use scanners that have the capability of providing percentage-

off discounts, and wish to offer percentage-off discounts at the point of sale shall set forth

the regular price and the price after any discounts are taken relating to the merchandise

purchased by the consumer on the register receipt given to the consumer at the point of

sale.

b) An advertiser who offers a percentage-off discount is not required to disclose the basis of

the percentage reduction or the regular price or price range in an advertisement pursuant to

N.J.A.C. 13:45A-9.5 provided that:

The retail price per unit of merchandise is less than $100.00; and

The regular price and the price after any discounts are taken are set forth on the register

receipt given to the consumer at the point of sale.

c) An advertiser may discount merchandise at the point of sale without marking the

merchandise with the discounted price provided that the following information is posted

conspicuously in the form of a notice at the point of display:

A description of the merchandise or the range or category of merchandise and the price

to which the discount shall apply;

A notice that the discount will be taken at the time of purchase; and

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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 contain the following:

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 690 and each additional roll at

590”;

ii) “Wonder Hot Dog Rolls—$1.09 only; 790 with purchase of Plochman’s Mustard”; and

Any limitations applicable to the offer, such as the type, brand or size of the merchandise

or restrictions on the number of units which may be purchased.

e) Advertisements containing targeted discounts shall conspicuously state that the offer is

limited to a certain category of consumer and shall specifically identify those consumers. If

the merchandise to be discounted is also being advertised at a reduced price for all

consumers, the advertisement shall clearly distinguish between the types of offers made by

the advertiser and identify those consumers who are entitled to each offer.

Any targeted discounts or pricing information posted at the point of display shall clearly

and conspicuously state 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 APPLIANCES

13:45A-10.1 DEFINITIONS

The following words and terms, when used in this subchapter, shall have the following

meanings, unless the context clearly indicates otherwise:

“Home appliance” means any electrical, mechanical or thermal article produced or

distributed for sale to a consumer for use in or around a permanent or temporary household or

residence including, but not limited to, air conditioners, cameras, computers, dehumidifiers,

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dishwashers, dryers, 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, is engaged 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, is engaged 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 a written copy of any information concerning:

Manufacturer’s warranties, if any are still applicable;

Dealer’s warranties, if any;

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 sales representative or agent who solicited or negotiated the

contract for the seller; and

Whether the item being purchased is refurbished.

b) Whenever a consumer requests service on a home appliance from a home appliance

repairer, the home appliance repairer shall disclose before the consumer becomes

committed to any expense:

Any diagnostic charges or other set fees; and

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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 service contract 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 of repairing and servicing home

appliances:

Commencing work other than diagnostic work or work included in a diagnostic fee

without having obtained the consumer’s signature or the signature of the consumer’s

agent on a written itemized estimate of the labor and parts necessary, including specific

notation of exchange price on parts where applicable. If such written consent cannot be

obtained, repair work may be commenced only if the consumer has been advised of the

estimate and has consented thereto and the person advising the consumer has noted the

conversation on the estimate as well as the date, time and phone number at which he

reached the consumer.

Failure to provide the consumer with a copy of the above authorization and any other

servicer’s receipt or document requiring the consumer’s signature, as soon as the

consumer signs such document.

Making any deceptive or misleading statements, including but not limited to false or

unrealistic promises and groundless estimates of a character likely to influence,

persuade or induce a consumer to authorize the repair or service of a home appliance.

Charging the consumer for work done or parts supplied in excess of the estimated price

without the oral or written consent of the consumer, which shall be obtained after it is

determined that the estimated price is insufficient and before the work not estimated is

done or the parts not estimated are supplied. If such consent is oral, the supplier of

services shall make a notation on the documentation previously signed by the consumer

of the date, time, name of the person authorizing the additional repairs and the telephone

number, if any, together with a specification of the additional parts and labor and the total

additional cost.

Failure to offer to return replaced parts to the consumer at the time of completion of the

work, provided that the parts by virtue of their size, weight or other similar factors or for

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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 following if the repair or servicing required is such as to constitute an

emergency which presents an imminent hazard or threat to life or health:

Gas or oil consuming appliances;

Central heating and cooling systems;

Heat pumps;

Self contained combination heating and cooling systems.

13:45A-10.5 VIOLATIONS

Without 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 said Consumer Fraud Act.

SUBCHAPTER 11.

(RESERVED)

SUBCHAPTER 12.

SALE OF ANIMALS

13:45A-12.1 DEFINITIONS

The following words and terms, when used in this subchapter, shall have the following

meanings, unless the context clearly indicates otherwise:

“Animal” means a dog or cat.

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“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 or any person who sells or offers for sale more than five animals

per year.

“Pet shop” means a place of business for selling, offering for sale or exposing for sale dogs

or cats.

“Quarantine” means to hold in segregation from the general animal population any dog or cat

because of the presence or suspected presence of a contagious or infectious disease.

“Unfit for purchase” means any disease, deformity, injury, physical condition, illness or defect

which is congenital or hereditary and severely affects the health of the animal, or which was

manifest, capable of diagnosis or likely to have been contracted on or before the sale and

delivery of the animal to the consumer. The death of an animal within 14 days of its delivery to

the consumer, except death by accident or as a result of injuries sustained during that period

shall mean such animal was unfit for purchase.

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., the following acts, practices or omissions shall be deceptive

practices in the conduct of the business of a pet dealer:

To sell an animal within the State of New Jersey without an animal history and health

certificate and without providing the consumer with a completed animal history and

health certificate. The animal history and health certificate shall be signed by the pet

dealer, his agent or employee, and shall contain the following information:

i) The animal’s breed, sex, age, color, and birth date;

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ii) The name and address of the person from whom the pet dealer purchased the

animal;

iii) The breeder’s name and address, and the litter number of the animal;

iv) The name and registration number of the animal’s sire and dam;

v) The date the pet dealer took possession of the animal;

vi) The date the animal was shipped to the pet dealer, where such date is known by the

dealer;

vii) The date or dates on which the animal was examined by a veterinarian licensed to

practice in the State of New Jersey, the name and address of such veterinarian, the

findings made and the treatment, if any, taken or given to the animal;

viii) A statement of all vaccinations and inoculations administered to the animal, including

the identity and quantity of the vaccine or inoculum administered, the name and

address of the person or licensed veterinarian administering the same, and the date

of administering the vaccinations and inoculations; and

ix) A 10-point bold-face type warning in the following form:

WARNING

The animal which you have purchased (check one) □ has □ has not been

previously vaccinated or inoculated. Vaccination or inoculation neither

guarantees good health nor assures absolute immunity against disease.

Examination by a veterinarian is essential at the earliest possible date to

enable your veterinarian to insure the good health of your pet.

To fail to maintain a copy of the animal history and health certificate signed by the

consumer for a period of one year following the date of sale and/or to fail to permit

inspection thereof by an authorized representative of the Division upon two days’ notice

(exclusive of Saturday and Sunday).

To include in the animal history and health certificate any false or misleading statement.

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To directly or indirectly refer, promote, suggest, recommend or advise that a consumer

consult with, use, seek or obtain the services of a licensed veterinarian unless the

consumer is provided with the names of not less than three licensed veterinarians of

whom only one may be the veterinarian retained by the pet dealer for its purposes.

To describe or promote the operation of the business as a “kennel” unless the business

operation falls within the definition contained in N.J.A.C. 13:45A-12.1 or the operation of

the business as a “kennel” has been authorized by the issuance of a license pursuant to

N.J.S.A. 4:19-15.8. In the absence of meeting such criteria, a pet dealer shall be

considered to be engaged in the operation of a “pet shop” and shall, where the name for

the business operation includes the word “kennel,” indicate the following disclaimer in

proximate location to the name for the business operation in all promotional or

advertising activities:

“This business only engages in the operation of a pet shop.”

To use or employ a name for the business operation which suggests or implies that such

business operation is engaged in or is associated with any organization which registers

or certifies the pedigree or lineage of animals and/or to represent, expressly or by

implication, approval by or affiliation with such organization, unless the following

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.”

To state, promise or represent, directly or indirectly, that an animal is registered with an

animal pedigree registry organization if such registration has not already been

accomplished or that an animal is capable of being so registered, followed by a failure

either to effect such registration or provide the consumer with the documents necessary

therefor 120 days following the date of sale of such animal, if the animal has not already

been returned to the pet dealer. In the event that a pet dealer fails to effect registration or

to provide the necessary documents 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; or

ii) To retain the animal and to receive a partial refund of 75 percent of the purchase

price plus sales tax.

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A pet dealer’s failure to comply with the consumer’s election pursuant to (a)7 above

within 10 days of written notice thereof shall be deemed a separate deceptive practice for

purposes of this section.

To fail to display conspicuously on the business premises a sign not smaller than 22

inches by 18 inches which clearly states to the public in letters no less than one inch high

the following:

KNOW YOUR RIGHTS

The sale of dogs and cats is subject to a regulation of the New Jersey Division of

Consumer Affairs. Read your animal history and health certificate, the Statement

of New Jersey Law Governing 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 Jersey 07101. (201)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 a waiver of any of the provisions contained in (a) above.

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 that may be unlawful under N.J.S.A.

56:8-1 et seq., it shall be a deceptive practice for a pet dealer to sell animals within the

State of New Jersey without complying with the following minimum standards relating to the

health of animals and fitness for sale and purchase:

A pet dealer shall have each animal examined by a veterinarian licensed to practice in

the State of New Jersey prior to the sale of the animal. The name and address of the

examining veterinarian, together with the findings made and treatment (if any) ordered as

a result of the examination, shall be noted on each animal’s history and health certificate

as required by N.J.A.C. 13:45A-12.2(a)1vii.

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; and

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iii) Name and address of the attending licensed New Jersey veterinarian and the date of

initial examination.

A pet dealer shall be required to quarantine any animal diagnosed as suffering from a

contagious or infectious disease, illness or condition until such time as a licensed New

Jersey veterinarian determines that such animal is free from contagion or infection. All

animals requiring quarantining shall be placed in a quarantine area separated from the

general animal population.

A pet dealer shall be permitted to inoculate and vaccinate animals prior to purchase only

on the order of a veterinarian licensed to practice in the State of New Jersey. A pet

dealer, however, shall be prohibited from representing, directly or indirectly, that he is

qualified to engage in or is engaging in, directly or indirectly, the following activities:

diagnosing, prognosing, treating, administering, prescribing, operating on, manipulating

or applying any apparatus or appliance for disease, pain, deformity, defect, injury, wound

or physical condition of animals after purchase for the prevention of, or to test for, the

presence of any disease in such animals. These prohibitions include but are not limited

to the giving of inoculations or vaccinations after purchase, the diagnosing, prescribing

and dispensing of medication to animals and the prescribing of any diet or dietary

supplement as treatment for any disease, pain, deformity, defect, injury, wound or

physical condition.

A pet dealer shall have any animal which has been examined more than 14 days prior to

purchase reexamined by a licensed New Jersey veterinarian for the purpose of

disclosing its condition at the time of purchase. Such examination shall take place within

72 hours of delivery of the animal to the consumer unless the consumer waives this right

to reexamination in writing. The written waiver shall be in the following form and a copy

shall be given to the consumer prior to the signing of any contract or agreement to

purchase the animal:

KNOW YOUR RIGHTS

To ensure that healthy animals are sold in this State, New Jersey law requires

that a dog or cat be examined by a licensed New Jersey veterinarian prior to its

sale by a pet dealer and within 72 hours of the delivery of the dog or cat to a

consumer who has purchased the animal where the initial examination took place

more than 14 days prior to the date of purchase. A pet dealer need not have the

animal reexamined if you, the consumer, decide that you do not want such a

reexamination performed.

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If you do not want a reexamination performed, please indicate your decision

below.

WAIVER OF REEXAMINATION RIGHT

I understand that I have the right to have my animal reexamined within 72 hours

of its delivery to me. I do not want to have such a reexamination performed.

Consumer’s Name Consumer’s Signature

(Print)

Date

Pet Dealer’s or Agent’s Name Pet Dealer’s or Agent’s Signature

(Indicate Title or Position)

(Print)

Date

If at any time within 14 days following the sale and delivery of an animal to a consumer, a

licensed veterinarian certifies such animal to be unfit for purchase due to a non-

congenital cause or condition or within six months certifies an animal to be unfit for

purchase due to a congenital or hereditary cause or condition, a consumer shall 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 reimbursement of the veterinary fees incurred prior to the consumer’s

receipt of the veterinary certification. The pet dealer’s liability for veterinary fees

under this option shall not exceed two times the purchase price, including sales tax,

of the animal;

ii) The right to retain the animal and to receive reimbursement for veterinary fees

incurred prior to the consumer’s receipt of the veterinary certification, plus the future

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cost of veterinary fees to be incurred in curing or attempting to cure the animal. The

pet dealer’s liability under this option shall not exceed two times 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 equivalent value, plus reimbursement of veterinary fees

incurred prior to the consumer’s receipt of the veterinary certification. The pet

dealer’s liability for veterinary fees under this option shall not exceed two times 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 due

to a non-congenital cause or condition, or within six months after delivery to the

consumer due to a congenital or hereditary cause or condition, except where death

occurs by accident or injury sustained during either period, the right to receive a full

refund of the purchase price plus sales tax for the animal, or in exchange an animal

of the consumer’s choice of equivalent value, plus reimbursement of veterinary fees

incurred prior to the death of the animal. The pet dealer’s liability for veterinary fees

under this option shall not exceed two times the purchase price, including sales tax of

the animal.

The pet dealer shall accept receipt of a veterinary certification of unfitness that has been

delivered by the consumer within 14 days following the consumer’s receipt thereof, such

certification to contain the following information:

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;

and

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ix) The name and address of the certifying veterinarian and the date of the certification.

It shall be the responsibility of the consumer to obtain the veterinary certification of

unfitness within the required amount of time provided by (a)6 above, unless the pet

dealer fails to provide the notice required by (a)11 below. If the pet dealer fails to provide

the notice required by (a)11 below, the consumer shall be entitled to the recourse

provided for in (a)6 above.

When a consumer presents a veterinary certification of unfitness to the pet dealer, the

pet dealer shall confirm the consumer’s election in writing. The election shall be in the

following form and a copy shall be given to the consumer upon signing:

UNFITNESS OF ANIMAL-ELECTION OF OPTION

I understand that, upon delivery of my veterinarian’s certification of unfitness,

I have the right to elect one of the following options. I am aware of those options

and I understand each of them. I have chosen the following option:



1. Return of my animal and receipt of a refund of the purchase price,

including sales tax for the animal, plus reimbursement 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 two

times the purchase price including sales tax of my animal.



2. Retention of my animal and reimbursement for the veterinary fees

incurred prior to the date I received my veterinarian’s certification of

unfitness, plus the future cost to be incurred in curing or attempting to

cure my animal. The total reimbursement for veterinarian’s fees shall not

exceed two times the purchase price including sales tax of my animal.



3. Return of my animal and receipt of an animal of my choice of equivalent

value in exchange plus reimbursement of veterinary fees incurred prior to

the date I received my veterinarian’s certification of unfitness. The

reimbursement for veterinarian’s fees shall not exceed two times the

purchase price including sales tax of my animal.

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

4. DEATH OF ANIMAL ONLY, (check one) □ Receipt of a full refund of the

purchase price, including sales tax for the animal, or in exchange an

animal of my choice of equivalent value plus reimbursement of the

veterinary fees incurred prior to the death of the animal. The

reimbursement for veterinarian’s fees shall not exceed two times the

purchase price including the sales tax of the animal.

Consumer’s Name Consumer’s Signature

(Print)

Date

Pet Dealer’s or Agent’s Name Pet Dealer’s or Agent’s Signature

(Indicate Title or Position)

(Print)

Date

10)

A pet dealer shall comply with the consumer’s election as required by (a)7i through iv

above not later than 10 days following receipt of a veterinary certification. In the event

that a pet dealer wishes to contest a consumer’s election, he shall notify the consumer

and the Director of the Division of Consumer Affairs in writing within five days following

the receipt of the veterinarian’s certification, and he may require the consumer to

produce the 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 the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the

Uniform Administrative Procedure Rules, N.J.A.C. 1:1, to determine why the option

elected by the consumer should not be allowed.

11)

A pet dealer shall give the following written notice to a consumer prior to the delivery of

the animal. Such notice, signed by both the pet dealer and the consumer, shall be

embodied in a separate document and shall state the following in 10 point boldface type:

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KNOW YOUR RIGHTS—A STATEMENT OF NEW JERSEY LAW GOVERNING

THE SALE OF DOGS AND CATS

The sale of dogs and cats is subject to a regulation of the New Jersey

Division of Consumer Affairs. In the event that a licensed veterinarian certifies

your animal to be unfit for purchase within 14 days following receipt of your

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; or

ii) Keep your animal and attempt to cure it; or

iii) Return your animal and receive an animal of your choice of equivalent

value.

Veterinary fees limited to two times the purchase price of the animal,

including sales tax, which were related to the condition rendering the animal unfit

for sale, must be paid by the dealer in the event that you choose to keep the

animal. If you choose to return the animal, veterinary fees incurred prior to receipt

of the veterinary certification, limited to two times the purchaser price of the

animal, including sales tax, which were related to the condition rendering 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 or as a result of injuries sustained after delivery,

you may choose to receive either a full refund of the purchase price, plus sales

tax, or an animal of equivalent value. In addition, veterinary fees, limited to two

times 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 the animal is unfit for purchase and an itemized bill of

all veterinary fees incurred prior to your receipt of the certification. Both of these

items must be presented no later than five days after you have received the

certification of unfitness. In the event that the pet dealer wishes to contest the

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certification or the bill, he may request a hearing at the Division of Consumer

Affairs. If the pet dealer does not contest the matter, he must make the refund or

reimbursement not later than ten days after receiving the veterinary certification.

Although your dog or cat is required to be examined by a licensed veterinarian

prior to sale, symptoms of certain conditions may not appear until after sale. If

your dog or cat appears ill, you should have it examined by a licensed

veterinarian of 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 within the 120 days following the date of sale,

you are entitled to return the animal and receive a full refund of the purchase

price plus sales tax or to keep the animal and receive a refund of 75 percent of

the purchase price plus sales tax. In the event you elect to keep the animal and

the dealer provides the 75 percent refund, the dealer is no longer obligated to

12)

A pet dealer shall maintain copies of all notices required pursuant to (a)11 above signed

by both the pet dealer and the consumer, for at least one year from the date the notice

was signed and shall ensure that such notices are readily available for inspection, upon

request, by an authorized representative of the Division of Consumer Affairs.

13)

It shall be a deceptive practice within the meaning of this section for a pet dealer to

secure or attempt to secure a 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 CONSUMER AFFAIRS

13:45A-13.1 STATEMENT OF GENERAL PURPOSE AND INTENT

The within regulations are promulgated pursuant to authority conferred by L.1975 c.376 and

are intended to operate as working guidelines for county and municipal consumer protection

agencies in the exercise of those powers conferred herein. Any and all powers delegated hereby

shall be exercised in strict accordance herewith and with such directives as may from time to

time be issued by the Attorney General through the Director of the Division of Consumer Affairs.

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13:45A-13.2 DEFINITIONS

The following words and terms, when used in this subchapter, shall have the following

meanings, unless the context clearly indicates otherwise.

“Act” means the New Jersey Consumer Fraud Act L.1960 c.39 (C56:8-1 et seq.) as amended

and supplemented.

“Director” means the Director of the Division of Consumer Affairs.

“Person” means any natural person or his legal representative, partnership, corporation,

company, trust, business entity or association, and any agent, employee, salesman, partner,

officer, director, member, stockholder, associate, trustee or cestuis que trustent thereof.

13:45A-13.3 GENERAL PROVISIONS

a) The powers hereinafter delegated shall be exercised consistent herewith in the name of a

county or municipal director of consumer affairs. Such a director shall be established by

resolution adopted by a county board of chosen freeholders or by ordinance adopted by the

governing body of a municipality. In the event that such ordinance or resolution has been

adopted prior hereto, the same shall be deemed valid for the purpose of creating a county

or municipal director as required hereby.

b) The powers delegated herein shall be exercised either by the director of a county office of

consumer affairs or by a municipal director of consumer affairs. In the event a county office

and a municipal office work on a matter concurrently, the Director shall supervise each in

order to insure consistent policies and practices.

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:

Be established by formal appointment by resolution adopted by the county board of

chosen freeholders or by ordinance adopted by the governing body of the municipality;

Successfully complete such initial educational and training courses as may be

established by the director and such supplemental courses as may from time to time be

prescribed;

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Require that all staff employees or representatives dealing with the investigation or

mediation of consumer complaints successfully complete such educational and training

courses as may be established by the director. In the event that such staff employees or

representatives shall fail to successfully complete such courses or shall be employed

prior to the giving of such course, such employees or representatives may continue in

such employment under the direct supervision and control of an individual who has

successfully completed the course;

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 DELEGAT E D

AUTHORITY

a) The authority to exercise those powers hereinafter delegated to a county or municipal

director of consumer affairs may be suspended or revoked for:

Failure to comply with the requirements contained in section 4 of this subchapter;

Failure to comply with any requirement or limitation regarding the exercise of those

powers hereinafter delegated;

Failure to administer a county or local office of consumer protection in accordance with

such directives as may be 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:

Initiate investigations whenever it shall appear to such director that a person has

engaged in, is engaging in or is about to engage in any act declared unlawful by the act

as amended and supplemented or in any act or practice which violates any regulation

promulgated by the Attorney General to the act. Such investigations may be commenced

either on the complaint of an individual consumer or where, after independent inquiry

made by the county or municipal director, it appears that a violation of the act or any

regulation adopted pursuant thereto has occurred or may occur in the future.

Require any person to file a statement or report in writing under oath or otherwise, as to

all the facts and circumstances concerning the sale or advertisement of merchandise by

such person and such other data and information as may be necessary to determine

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whether a violation of the act or a regulation adopted pursuant thereto has occurred or

will occur.

Examine under oath any person in connection with the sale or advertisement of any

merchandise.

Examine any merchandise or sample thereof, record, book, document, account, or paper

as may be deemed necessary.

Pursuant to an order of the superior court, impound any record, book, document,

account, paper, or sample of merchandise that is produced in accordance with these

regulations, and retain the same until the completion of all proceedings in connection

with which the same are produced.

Issue subpoenas to any person in aid of any investigation to determine whether a

violation of the act or any regulation adopted by the Attorney General thereto has

occurred or will occur. A subpoena shall be issued in the name of the county or municipal

director in a form substantially identical to that annexed hereto as example 1 and shall be

signed by counsel to such director.

i) In the event that any person shall fail to comply with a subpoena issued pursuant to

this subsection, the county or municipal director may apply to the superior court for

an order granting such relief as authorized by L.1960, c.39 section 6 (N.J.S.A. 56:8-

6).

Initiate such litigation in the courts in the name of the director seeking such relief as may

be authorized by the act. In the event that litigation is to be commenced by a county or

municipal director of consumer affairs, notice thereof shall be given to the director by

serving a copy of the proposed complaint and any supporting documents to be filed with

the court not less than 15 days prior to the filing of such action. Where litigation is to be

commenced by seeking a temporary restraining order on an emergent basis, the director

shall be notified of such action consistent with the rules of court governing such

applications.

13:45A-13.7 LIMITATIONS; LITIGATION

Whenever it shall appear to the director that any litigation or any other action authorized by

the within regulation is improperly brought or is contrary to the public interest, such action shall,

on notice to the county or municipal director, be terminated, suspended or modified as may be

directed.

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13:45A-13.8 RESTRICTIONS; POWERS

a) A county or municipal director of consumer affairs shall not:

Promulgate substantive regulations governing the sale or advertisement of merchandise

or defining unlawful practices; provided, however, nothing herein contained shall be

deemed to prohibit the adoption of internal administrative procedures governing the

handling and processing of complaints received from consumers.

Conduct any administrative hearing of a quasijudicial nature for the purpose of assessing

any civil penalty, ordering any restoration of consumer moneys or directing that any

person cease and desist from engaging in any unlawful practices, provided, however,

nothing herein contained shall be deemed to prohibit the negotiation of any agreement by

consent to remedy any individual consumer complaint or the cessation of any unlawful

consumer practice.

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)

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APPENDIX

Example 1

(County or Municipality)

County or Municipal Seal

(optional)

TO:

GREETING:

WE COMMAND YOU that, laying aside all business and excuses, you personally severally

attend and appear before _________________ at the _________________ on

_________________ the _________________ day of __________, 197_____, at _____ o’clock

in the _____ noon of that day to testify in a certain investigation now pending between

_________________ _________________ concerning the facts and circumstances relating to

the sale or advertisement of merchandise or services to _________________

_________________

And also that you bring with you and produce at the same time and place aforesaid all

records, books, documents, accounts and papers relevant and material to the inquiry as follows:

FAILURE to comply with this subpoena may render you liable for contempt of court and other

such penalties as provided by law

Dated: _________________, 197_____

Counsel to Director of Consumer Affairs Director of Consumer Affairs

(County or Municipality)

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(County or Municipality)

(Name of agency)

IN THE MATTER OF AN INQUIRY

BETWEEN

and

SUBPEONA

Duces Tecum

Director of Consumer Affairs

(County or Municipality)

Returnable _________________, 197_____

AFFADAVIT OF SERVICE

STATE OF NEW JERSEY)

) SS

COUNTY OF )

_________________, being duly sworn according to law, on his oath deposes and says that

he is _________________ and that on _________________, he served the within Subpeona on

_________________ by exhibiting the original Subpeona to and leaving a true copy thereof with

_________________ at _________________

Sworn and subscribed to

before me this _____ day

of _________________, 197_____

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SUBCHAPTER 14.

UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL

ESTABLISHMENTS

13:45A-14.1 GENERAL PROVISIONS

These regulations implement the Unit Price Disclosure Act, P.L.1975, c.242 (N.J.S.A. 56:8-

25) and provide for the disclosure of information necessary to enable consumers to compare

easily and effectively the retail prices of certain consumer commodities regardless of package

size or quantity.

13:45A-14.2 DEFINITIONS

The following words and terms, when used in this subchapter, shall have the following

meanings unless the context clearly indicates otherwise.

“Approved unit of measure” means the unit of weight, standard of measure or standard of

count designated for each regulated consumer commodity in N.J.A.C. 13:45A-14.4.

“Consumer commodity” means any merchandise, wares, article, product, comestible or

commodity of any kind of class produced, distributed, or offered for retail sale for consumption

by individuals other than at the retail establishment, or for use by individuals for purposes of

personal care or in the performance of services rendered within the household, and which is

consumed or expended in the course of such use.

“Director” means the Director of the Division of Consumer Affairs in the Department of Law

and Public Safety.

“Person” means any natural person, partnership, corporation or other organization engaged

in the sale, display or offering for sale of consumer commodities at retail establishment whose

combined total floor area, exclusive of office, receiving and storage areas, dedicated to the sale

of consumer commodities exceeds 4,000 square feet or whose combined annual gross receipts

from the sale of consumer commodities in the preceding year exceeded $2 million, regardless of

the square footage involved.

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“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 at retail.

“Retail price” means the total retail price of a consumer commodity, excluding sales tax.

“Unit price” means the retail sales price of a consumer commodity expressed in terms of the

approved unit of measure.

“Wash load” means seven pounds of laundry by dry weight.

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 Unit Price Disclosure Act:

Any person owning and operating a single retail establishment with annual gross receipts

from the sale of consumer commodities in the preceding year of not more than $2 million.

Any person owning and operating a single establishment or a series of retail

establishments each having a total floor space of 4,000 square feet or less regardless of

the annual gross receipts in New Jersey from the sale of consumer commodities therein.

Any person owning and operating a retail establishment or series of retail

establishments, wherein the combined annual gross receipts from the sale of food

products, nonprescription drugs, personal care products and household service products

is less than 30 percent of the total annual gross receipts of such retail establishment

when calculated on an individual store basis or an aggregate basis combining all retail

establishments, providing that the portion of that person’s retail establishment selling

consumer commodities regulated herein has either a total floor area of less than 4,000

square feet or annual gross receipts in New Jersey not exceeding $2 million, or both.

Notwithstanding the provisions of (a)1, 2 and 3 above, any retail establishment, whether

or not part of a series of retail establishments, which devotes less than five percent of its

total floor area, exclusive of office, receiving and storage areas to the sale of consumer

commodities and which derives less than five percent of its total gross receipt in New

Jersey from the sale of consumer commodities.

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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 commodities are exposed or offered for sale at retail, unless otherwise exempt

from this subchapter, the unit price information required to be displayed shall be calculated

on the basis hereinafter set forth. In each establishment, one approved unit of measure

must be consistently used for the same commodity.

Dry units of measure shall be used for commodities sold according to net weight.

Liquid units of measure shall be used for commodities sold according to net weight, net

contents or fluid ounces.

Commodities not usually measured in dry or liquid units as stated in (a)1 and 2 above

shall be sold in count, or square feet, whichever is appropriate and approved.

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 unit of measure:

Commodity Approved Unit of Measure

Aluminum foils, wax and plastic wraps ....................................................... 100 sq. ft.

Baby food ............................................................... reconstituted ounce, pound, quart

Baking mixes and supplies, pancake mixes ...................................................... pound

Bread and pastry products: prepackaged outside of seller’s premises

.............................................................................................................................. pound

Bottle and canned beverages, carbonated and non-carbonated

................................................................................................................................ quart

Butter and oleomargarine ................................................................................... pound

Candy (excluding 5 ounces or less) ................................................................... pound

Canned poultry, fish and meat products ............................................................ pound

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Cocoa ................................................................................................................... pound

10)

Coffee (instant and ground) ............................................................................... pound

11)

Cereal ................................................................................................................... pound

12)

Cheese ................................................................................................................. pound

13)

Cold cuts; prepackaged meats and salads........................................................ pound

14)

Cookies and crackers .......................................................................................... pound

15)

Condiments: ketchups, mustards, mayonnaise

(including pickles, relishes, olives, etc.) ................................................. quart, pound

16)

Deodorants, dry, spray, and roll-on .......................................................... pound, pint

17)

Detergents, soap, laundry products ...............................quart, pound, per wash load

(dry bulk, liquid) ............................................................................................. 100 count

18)

Flour ..................................................................................................................... pound

19)

Fruits and vegetables: jars, cans ....................................................................... pound

boxes (not fresh products) .................................................................................. pound

20)

Grains and beans ............................................................................................... pound

21)

Hair conditioners, creme rinses, shampoos (not dyes) ............................ pound, pint

22)

Household cleaners, waxes, deodorizers ............................................... pound, quart

starches, bleaches ........................................................................................ 100 count

23)

Instant breakfast food ........................................................................................ pound

24)

Jellies, jams, preserves ...................................................................................... pound

25)

Juices and juice drinks, fresh, canned ................................................................ quart

26)

Molasses ................................................................................................... quart, pound

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27)

Mouthwash ........................................................................................................... quart

28)

Non-alcoholic drink mixes ........................................................................ quart, pound

29)

Oil (cooking) .......................................................................................................... quart

30)

Peanut butter ....................................................................................................... pound

31)

Pet food and supplies (canned, dried, moist)

limited to dog and cat food; kitty litter) .............................................................. pound

32)

Plastic and paper bags ................................................................................. 100 count

33)

Salad dressings ....................................................................................... quart, pound

34)

Salt ....................................................................................................................... pound

35)

Sanitary paper products including, but not limited to,

napkins, facial tissues, paper towels, bathroom tissues ............................ 100 count

36)

Sauces (tomato, spaghetti, meat) .......................................................... quart, pound

37)

Seasonings and spices, flavoring extracts, imitation flavorings .............. pint, pound

38)

Shaving cream ..................................................................................................... pound

39)

Snack foods ......................................................................................................... pound

40)

Soups (canned, dried) ......................................................................................... pound

41)

Solid shortenings ................................................................................................. pound

42)

Spaghetti, macaroni, noodles and pasta ........................................................... pound

43)

Sugar .................................................................................................................... pound

44)

Syrups ....................................................................................................... quart, pound

45)

Tea..................................................................................................... 100 count, pound

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46)

Toothpaste ............................................................................................... ounce, pound

13:45A-14.5 EXEMPT CONSUMER COMMODITIES

a) The following consumer commodities shall be deemed exempt consumer commodities and

may be exposed or offered for sale at retail without complying with the provisions of this

subchapter:

Medicines sold by prescription only;

Vitamins;

Beverages subject to or complying with packaging or labeling requirements imposed

under the Federal Alcoholic Administration;

Consumer commodities required to be marked individually with the cost per unit of weight

pursuant to N.J.A.C. 13:47K-4;

Any consumer commodity offered for sale at a net quantity equal to the approved unit of

measure for such commodity, provided that the retail price of the commodity is plainly

marked on the commodity, or shelf molding;

Any consumer commodity offered for sale in one size only, and not comparable in form to

any other product;

Any consumer commodity co-mingled with other consumer commodities for purposes of

a one-price sale;

Any consumer commodity packaged to include more than one food product (i.e. T.V.

dinner or mixed vegetables);

Bakery products sold in a service department which are not prepacked outside of the

seller’s premises;

10)

Snack foods, including, but not limited to, cakes, candy, nuts, gum, chips and pretzels

sold in packages weighing five ounces or less;

11)

Spices, flavor extracts, imitation flavoring and boullion cubes sold in packages of five

ounces or less in weight or fluid ounces;

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12)

Ice cream, ice milk, frozen yogurt, frozen desserts;

13)

Frozen foods.

b) Any and all consumer commodities not specifically included in those regulated consumer

commodities set forth in N.J.A.C. 13:45A-14.4 shall be deemed to be exempt from the

provisions of L.1975, c.242, section 3 as though specifically 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 per approved unit of measure is $1.00 or more.

b) The unit price shall be calculated to the nearest cent or the nearest one-tenth of one cent

for all regulated consumer commodities when the retail price per approved unit of measure

is less than $1.00.

c) For the purpose of determining the nearest cent or one-tenth of one cent, any calculation of

the price per unit resulting in $0.05 cents or $0.005 cents per unit shall be rounded up to

the next higher cent or one-tenth of one cent. Any such calculation resulting in less than

$0.05 cents or $0.005 cents per unit shall be rounded down to the next lower cent or one-

tenth cent. For example:

$1.005 per unit shall be marked $1.01 per unit;

$1.004 per unit shall be marked $1.00 per unit;

50.05¢ per unit shall be marked 50.1¢ per unit;

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 expressed 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 offering for sale at retail of a regulated consumer commodity, a sample

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format of the label shall be submitted to the director for approval prior to the display of the

label.

b) In determining whether to approve the label, the Director shall be guided by the following

standards:

The shelf label shall be divided so as to create a left and right side; individual item labels

may be divided vertically or horizontally into two portions. The amount of space devoted

to the unit price and the retail price portion shall be equal. The size and conspicuousness

of the numerals used to disclose the retail price shall be equal to or greater than that for

the unit price. Where the retail price exceeds the unit price, the type face for the unit

price shall not be less than 50 percent than that of the retail price.

The left side or upper portion shall be known as the unit price side and shall contain the

following information:

i) The term “unit price”;

ii) The numerical unit price in bold figures;

iii) The approved unit of measure, including, if appropriate, the “ply” count or thickness

of the regulated commodity.

The right side or lower portion shall be known as the retail price side and shall contain

the following information:

i) The term “retail price,” “you pay” or some similar term;

ii) The numerical retail price;

iii) The quantity or size of the commodity being sold, for shelf labels only.

A description of the commodity being sold shall appear on the unit price shelf label.

Additional stock or code information may appear on the unit price shelf label.

All letters and numbers shall be in conspicuous, bold figures and shall be clear and

legible. Handwritten labels shall be legibly printed.

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The overall design of the label shall convey all the information in a clear, readable and

conspicuous fashion. Any stock or code information shall not obscure or deemphasize

the consumer information appearing on the unit price label.

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 for sale at retail of a regulated consumer commodity, a sample format

of the sign or list shall be submitted to the director; for approval prior to the display of the

sign or list.

b) In determining whether to approve the sign or list, the director shall be guided by the

following standards:

The sign or list shall be divided so as to create a left and right side.

The left side of a sign or list shall be known as the unit price side and shall contain the

following information:

i) The term “unit price”;

ii) The numerical unit price;

iii) The approved unit of measure including if appropriate the “ply” count or thickness of

the consumer commodity.

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.

A description of the commodity to be sold shall appear on the sign or list.

Additional stock or code information may appear on the unit price sign or list.

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All letters or numbers shall be in conspicuous figures and shall be clear and legible.

i) The list shall display the unit price and retail price in numbers of equal size.

ii) The sign shall display the unit price and retail price in equal size if in numbers of less

than five inches. For signs with numbers for the retail price larger than five inches,

the unit price shall be no less than three inches in size or one-half the retail price

size, whichever is greater.

The overall design of the sign or label shall convey the consumer information in a clear,

readable and conspicuous fashion. Any stock or code information shall not obscure or

deemphasize the consumer information.

13:45A-14.9 UNIT PRICE TAGS

Whenever these regulations require a unit price tag to be attached directly to the consumer

commodity, a sample format of the tag shall be submitted to the director for approval prior to the

display of the tag. In reviewing submitted price tags, the director shall apply those standards set

forth in N.J.A.C. 13:45A-14.7 governing the format for unit price labels.

13:45A-14.10 MEANS OF DISCLOSING UNIT PRICE INFOR MAT IO N

a) Whenever a regulated consumer commodity is exposed or offered for sale at retail, the unit

price and retail price shall be disclosed in the following manner:

If the commodity is displayed upon a shelf, the unit price label shall appear directly below

the commodity, or, alternatively, a unit price tag shall be attached to the commodity. If

the use of a unit price label or unit price tag is impossible or impractical, a unit price sign

or list may be used provided such sign or list is conspicuously located at or near the

commodity.

If the commodity is displayed in a special fashion such as in an end display, portable

rack or large bin, the unit price tag shall be attached to the commodity, or, alternatively, a

unit price sign or list shall be conspicuously placed at or near the point where the

commodity is displayed. Nothing in this section should be construed to prohibit the use of

hand-letter unit price signs on special displays so long as such signs contain the

disclosures required in (a)1 above.

If a commodity is refrigerated, the unit price label shall be affixed to the case, to a shelf

edge, or a unit price label shall be attached to the commodity. In the event such

attachments are not possible, then a unit price sign or list may be used if the sign or list

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is displayed in proximity to the articles for sale. Where such proximate display is

impossible, a unit price list for such articles must be kept available and a sign posted at

the site of the articles for sale as to such availability.

13:45A-14.11 PLACEMENT OF UNIT PRICE INFORMATION ON CONSUMER

COMMODITIES BY NONRETAILERS

Nothing in this subchapter shall prohibit a manufacturer, supplier or wholesaler from affixing

to a consumer commodity the unit price information required by these regulations.

13:45A-14.12 (RESERVED)

13:45A-14.13 NONINTENTIONAL TECHNICAL ERRORS

For the purpose of enforcement of this subchapter, “nonintentional technical errors” shall

mean inaccuracies in the unit pricing information reflected upon a stamp, tag, label, sign or list

where such defects have resulted from a malfunction of a printing press, electronic data

processing equipment or other mechanical equipment used to produce such stamps, tags,

labels, signs or lists, or from the mistake of a computer programmer or machine operator, where

such malfunction or mistake was not within the knowledge or control of the owner or operator or

management personnel of the store and where such owner or operator or management

personnel could not with reasonable diligence have detected and corrected such errors.

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 the director, or his designee, permission to vary from the

unit price procedure. Verbal permission to vary is acceptable provided a written

confirmation follows same. A retail establishment, which has failed to obtain such

permission, shall be in violation of this subchapter if it does not comply with the

requirements herein while remodeling a store or resetting shelves.

b) No waiver from compliance with this subchapter shall be granted to a retail establishment

for the restocking of shelves.

13:45A-14.15 PENALTIES

Any violation of this subchapter shall be deemed a violation of the Consumer Fraud Act,

N.J.S.A. 56:8-2, subjecting a violator to those sanctions established pursuant to said Act.

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SUBCHAPTER 15.

(RESERVED)

SUBCHAPTER 16.

HOME IMPROVEMENT PRACTICES

13:45A-16.1 PURPOSE AND SCOPE

a) The purpose of the rules in this subchapter is to implement the provisions of the Consumer

Fraud Act, N.J.S.A. 56:8-1 et seq., by providing procedures for the regulation and content of

home improvement contracts and establishing standards to facilitate enforcement of the

requirements of the Act.

b) The rules in this subchapter shall apply to all sellers as defined in N.J.A.C. 13:45A-16.1A

and to all home improvement contractors as defined in N.J.A.C. 13:45A-17.2 whether or not

they are exempt from the provisions of N.J.A.C. 13:45A-17.

13:45A-16.1A DEFINITIONS

The following words and terms, when used in this subchapter, shall have the following

meanings unless the context indicates otherwise.

“Home improvement” means the remodeling, altering, painting, repairing, renovating,

restoring, moving, demolishing, or modernizing of residential or noncommercial property or the

making of additions thereto, and includes, but is not limited to, the construction, installation,

replacement, improvement, or repair of driveways, sidewalks, swimming pools, terraces, patios,

landscaping, fences, porches, windows, doors, cabinets, kitchens, bathrooms, garages,

basements and basement waterproofing, fire protection devices, security protection devices,

central heating and air conditioning equipment, water softeners, heaters, and purifiers, solar

heating or water systems, insulation installation, siding, wall-to-wall carpeting or attached or

inlaid floor coverings, and other changes, repairs, or improvements made in or on, attached to or

forming a part of the residential or noncommercial property, but does not include the

construction of a new residence. The term extends to the conversion of existing commercial

structures into residential or noncommercial property and includes any of the above activities

performed under emergency conditions.

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“Home improvement contract” means an oral or written agreement between a seller and an

owner of residential or noncommercial property, or a seller and a tenant or lessee of residential

or noncommercial property, if the tenant or lessee is to be obligated for the payment of home

improvements made in, to, or upon such property, and includes all agreements under which the

seller is to perform labor or render services for home improvements, or furnish materials in

connection therewith.

“Residential or non-commercial property” means a structure used, in whole or in substantial

part, as a home or place of residence by any natural person, whether or not a single or multi-unit

structure, and that part of the lot or site on which it is situated and which is devoted to the

residential use of the structure, and includes all appurtenant structures.

“Sales representative” means a person employed by or contracting with a seller for the

purpose of selling home improvements.

“Seller’’ means a person engaged in the business of making or selling home improvements

and includes corporations, partnerships, associations and any other form of business

organization or entity, and their officers, representatives, agents and employees.

13:45A-16.2 UNLAWFUL PRACTICES

a) Without limiting any other practices which may be unlawful under the Consumer Fraud Act,

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 performance of home improvements shall be

unlawful hereunder.

Model home representations: Misrepresent or falsely state to a prospective buyer that

the buyer’s residential or noncommercial property is to serve as a “model” or “advertising

job”, or use any other prospective buyer lure to mislead the buyer into believing that a

price reduction or other compensation will be received by reason of such

representations;

Product and material representations: Misrepresent directly or by implication that

products or materials to be used in the home improvement:

i) Need no periodic repainting, finishing, maintenance or other service;

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ii) Are of a specific or well-known brand name, or are produced by a specific

manufacturer or exclusively distributed by the seller;

iii) Are of a specific size, weight, grade or quality, or possess any other distinguishing

characteristics or features;

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 are the 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; or

ix) May be serviced or repaired within the buyer’s immediate trade area, or be

maintained with replacement and repair parts which are readily available.

Bait selling:

i) Offer or represent specific products or materials as being for sale, where the purpose

or effect of the offer or representation is not to sell as represented but to bait or

entice the buyer into the purchase of other or higher priced substitute products or

materials;

ii) Disparage, degrade or otherwise discourage the purchase of products or materials

offered or represented by the seller as being for sale to induce the buyer to purchase

other or higher priced substitute products or materials;

iii) Refuse to show, demonstrate or sell products or materials as advertised, offered, or

represented as being for sale;

iv) Substitute products or materials for those specified in the home improvement

contract, or otherwise represented or sold for use in the making of home

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improvements by sample, illustration or model, without the knowledge or consent of

the buyer;

v) Fail to have available a quantity of the advertised product sufficient to meet

reasonably anticipated demands; or

vi) Misrepresent that certain products or materials are unavailable or that there will be a

long delay in their manufacture, delivery, service or installation in order to induce a

buyer to purchase other or higher priced substitute products or materials from the

seller.

Identity of seller:

i) Deceptively gain entry into the prospective buyer’s home or onto the buyer’s property

under the guise of any governmental 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 other person, firm or organization, or a member of any

trade association, or that such person, firm or organization will 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 a particular seller; or

v) Misrepresent that the seller is part of any governmental or public agency in any

printed or oral communication including but not limited to leaflets, tracts or other

printed material, or that any licensing denotes approval by the governmental agency.

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; or

ii) Fail to comply with the terms of such offer.

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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 made because 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 especially interested in seeing that the prospective buyer gets a bargain,

special price, discount or any other benefit or concession;

iii) Misrepresent or mislead the prospective buyer into believing that insurance or some

other form of protection will be furnished to relieve the buyer from obligations under

the contract if the buyer becomes ill, dies or is unable to make payments;

iv) Misrepresent or mislead the buyer into believing that no obligation will be incurred

because of the signing of any document, or that the buyer will be relieved of some or

all obligations under the contract by the signing of any documents;

v) Request the buyer to sign a certificate of completion, or make final payment on the

contract before the home improvement 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, or that other requirements must be fulfilled by the buyer as a

condition to the performance of labor, services, or the 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 full amount 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 falsify the buyer’s true financial position in order to obtain credit; or

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x) Increase or falsify the contract price, or induce the buyer by any means to

misrepresent or falsify the contract price or value of the home improvement for

financing purposes or to obtain additional credit.

Performance:

i) Deliver materials, begin work, or use any similar tactic to unduly pressure the buyer

into a home improvement contract, or make any claim or assertion that a binding

contract has been agreed upon where no final agreement or understanding exists;

ii) Fail to begin or complete work on the date or within the time period specified in the

home improvement contract, or as otherwise represented, unless the delay is for

reason of labor stoppage; unavailability of supplies or materials, unavoidable

casualties, or any other cause beyond the seller’s control. Any changes in the dates

or time periods stated in a written contract shall be agreed to in writing; or

iii) Fail to give timely written notice to the buyer of reasons beyond the seller’s control

for any delay in performance, and when the work will begin or be completed.

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 a competitor; or

iii) Use or imitate the trademarks, trade names, labels or other distinctive marks of a

competitor.

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 such statement, qualification or explanation causes an

advertisement, announcement, statement or representation to be false, deceptive or

misleading: or

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iii) Misrepresent that the customer’s present equipment, material, product, home or a

part thereof is dangerous or 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 all applicable state or local building and construction permits

have been issued as required under state laws or local ordinances; or

ii) Where midpoint or final inspections are required under state laws or local ordinances,

copies of inspection certificates shall be furnished to the buyer by the seller when

construction is completed and before final payment 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 labor services, products or materials furnished in connection with

home improvements. Such guarantees or warranties shall be specific, clear and

definite and shall include any exclusions or limitations as to their scope or duration.

Copies of all guarantees or warranties shall be furnished to the buyer at the time the

seller presents his bid as well as at the time of execution of the contract, except that

separate guarantees or warranties of the manufacturer 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 purchase price in excess of $500.00, and all changes in the terms and

conditions thereof shall be in writing. Home improvement contracts which are required by

this subsection to be in writing, and all changes in the terms and conditions thereof, shall

be signed by all parties thereto, and shall clearly and accurately set forth in legible form

and in understandable language 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 sales representative 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 in performance of the contract. The description shall include, where

applicable, the name, make, size, capacity, model, and model year of principal

products or fixtures to be installed, and the type, grade, quality, size or quantity of

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principal building or construction materials to be used. Where specific

representations are made that certain types of products or materials will be used, or

the buyer has specified that certain types of products 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 contract is one for time and materials, the hourly rate for labor and all

other terms and conditions of the contract affecting 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 the home improvement; and

vi) A statement of any guarantee or warranty with respect to any products, materials,

labor or services made by the 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 of the contract, the name and address of such person

shall be disclosed in the oral or written contract, except as otherwise 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 have conspicuously printed thereon the disclosures required

by either State law (N.J.S.A. 17:16C-64.2 (consumer note)) or Federal law (16 C.F.R.

section 433.2) concerning the preservation of buyers’ claims and defenses.

SUBCHAPTER 17.

HOME IMPROVEMENT CONTRACTOR REGISTRATION

13:45A-17.1 PURPOSE AND SCOPE

a) The purpose of the rules in this subchapter is to implement the provisions of the Consumer

Fraud Act, N.J.S.A. 56:8-1 et seq. as amended by P.L. 2004, c. 16 (N.J.S.A. 56:8-136 et

seq.) by providing procedures for the regulation of home improvement contractors and

establishing standards to facilitate enforcement of the requirements of the Act. The rules

establish the Division’s registration procedures for those persons who fall under the

requirements of this law.

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b) These rules shall apply to home improvement contractors in this State unless otherwise

exempt under N.J.A.C. 13:45A-17.4.

13:45A-17.2 DEFINITIONS

The following words and terms, as used in this subchapter, shall have the following

meanings, unless the context clearly indicates otherwise:

“Advertise” means to communicate to the public by means of any print, electronic or any

other media, including, but not limited to, newspapers, magazines, periodicals, journals,

circulars, flyers, business cards, signs, radio, telephone, facsimile machine, television, computer

or the Internet. “Advertise” includes having a person’s name in a classified advertisement or

directory in this State under any classification of home improvement as defined in this section

but does not include simple residential alphabetical listings in standard telephone directories.

“Director” means the Director of the Division of Consumer Affairs.

“Division” means the Division of Consumer Affairs in the Department of Law and Public

Safety.

“Employee” means employee as defined in N.J.A.C. 18:35-7.1.