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VOLUME 37, ISSUE 22
ISSUE DATE: NOVEMBER 21, 2005
RULE PROPOSALS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS

37 N.J.R. 4369(a)

Proposed Readoption with Amendments: N.J.A.C. 13:45A
Proposed Repeal: N.J.A.C. 13:45A-14.12

Administrative Rules of the Division of Consumer Affairs

Authorized By: Kimberly S. Ricketts, Director, Division of Consumer Affairs.

Authority: N.J.S.A. 56:8-1 et seq., specifically 56:8-4.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2005-425.

Submit comments by January 20, 2006 to:
Kimberly S. Ricketts, Director
New Jersey Division of Consumer Affairs
PO Box 45027
Newark, NJ 07101

The agency proposal follows:

Summary

Pursuant to the provisions of Executive Order No. 66 (1978), and N.J.S.A. 52:14B-5.1, the rules at N.J.A.C. 13:45A will expire on April 18, 2006. As required by the Executive Order, the Division of Consumer Affairs (the Division) has reviewed these rules and generally determined them to be necessary, reasonable and proper for the purpose for which they were originally promulgated. The Division proposes to readopt N.J.A.C. 45A with amendments. The Division is proposing amendments to Subchapter 19 to reflect amendment of N.J.A.C. 1:30-4.1(b), to Subchapter 20 to reflect amendments to N.J.S.A. 56:8-26 et seq. effected by P.L. 2001, c.394 and to Subchapters 24 and 26F. The Division is also proposing certain technical, non-substantive amendments.

The Division is considering future rulemaking that would amend Subchapters 12, 26, 26A, and 26B.

A summary of each section and the proposed amendments follows:

N.J.A.C. 13:45A-1.1 identities specific practices in the mail order or catalog business that are unlawful and describes what qualifies as merchandise of "equivalent or superior quality." It requires a person in the mail order or catalog business to disclose in all materials the person's legal name and complete business address.

Subchapter 2 is reserved.

Subchapter 3 regulates the sale of meat at retail. N.J.A.C. 13:45A-3.1 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-3.2 details labeling and advertising requirements for meats, except that which is cut to the order of the retail customer. N.J.A.C. 13:45A-3.3 lists meats exempt from the provisions of the rules and under what circumstances the exemption is available. N.J.A.C. 13:45A-3.4 sets forth exemptions from the rule for meat inspected under the United States Department of Agriculture (U.S.D.A.). N.J.A.C. 13:45A-3.4(a) states that the provisions of the rule do not apply to meat produced, prepared or packaged in New Jersey and inspected by U.S.D.A. in New Jersey for sale in New Jersey until after the meat leaves the premises of a U.S.D.A. establishment. Subsection (b) states that the provisions of the rule do not apply to meat inspected by the U.S.D.A. for sale at retail outside the State of New Jersey. The Division proposes to amend subsection (b) to delete words repeated in error. N.J.A.C. 13:45A-3.5 provides that a name in addition to the species and primal cut (area of the carcass from which the meat is cut) of a meat as set forth in N.J.A.C. 13:45A-3.1 may be used in labeling meat under certain circumstances, so long as the name is not false, misleading or deceptive in any way. N.J.A.C. 13:45A-3.6 details the advertising requirements applicable when any name is used in addition to the species and primal cut.

N.J.A.C. 13:45A-3.7 states the circumstances when U.S.D.A grading terms may be used in labeling or advertising. N.J.A.C. 13:45A-3.8 states that the grading terms of the U.S.D.A. may not be used in labeling or advertising pork. N.J.A.C. 13:45A-3.9 states the requirement for advertising meat when a U.S.D.A. grade other than "prime" or "choice" is used.

N.J.A.C. 13:45A-3.10 details the labeling requirements for chopped meat food products that include other ingredients, and limits the fat and batter and breading contents in such products. N.J.A.C. 13:45A-3.11 contains requirements for the preparation and labeling of fabricated steaks.

N.J.A.C. 13:45A-3.12 requires that a person who advertises meat for sale at retail must have a sufficient quantity of the advertised product to meet reasonably anticipated demands, or discloses that the supply is limited. N.J.A.C. 13:45A-3.13 states that meats other than ground meat being offered for sale after having been frozen must be explicitly labeled or advertised as "frozen" or "frozen and thawed."

N.J.A.C. 13:45A-3.14 states that any violation of the rules is subject to the sanctions of the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.

N.J.A.C. 13:45A-3.15 contains meat charts for beef, veal, lamb and pork carcasses. Subchapter 4 makes it an unconscionable commercial practice under the Consumer Fraud Act to manufacture, distribute or sell a consumer product contrary to any order of the Consumer Product Safety Commission pursuant to 15 U.S.C. 2501 et seq. and defines the term "consumer product."

Subchapter 5 contains requirements for the delivery of household furniture and furnishings. N.J.A.C. 13:45A-5.1 contains regulations relating to the delivery of household furniture under contracts for future delivery, including delivery schedule and notice requirements, and gives a consumer certain options if furniture is not delivered as promised. Furniture delivered damaged or not conforming to size, style, color or condition indicated on the sales contract is furniture not delivered as promised.

N.J.A.C. 13:45A-5.2 details requirements for delivery dates to be provided in the contract or sale document. The Division is proposing an amendment to N.J.A.C. 13:45A-5.2(b) to make clear that the delivery date must be inserted in the contract or sales document at the time it is entered into or issued. N.J.A.C. 13:45A-5.3 requires the form of the contract or sales documents to set forth the seller's obligations in the event of delayed delivery and provides that contracts that contain terms contrary to the rule are null and void and unenforceable. N.J.A.C. 13:45A-5.4 states that violations of the subchapter are subject to sanctions under the Consumer Fraud Act.

Subchapters 6 through 8 are reserved.

Subchapter 9 details rules relating to general advertising practices. N.J.A.C. 13:45A-9.1 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-9.2 sets forth specific advertising practices that are unlawful.

N.J.A.C. 13:45A-9.3 states the requirements for an advertiser who offers a price reduction on merchandise for sale for less than $ 100.00. N.J.A.C. 13:45A-9.4 states the requirements for an advertiser offering an item of merchandise for sale for $ 100.00 or more and describes the circumstances under which a former price or a selling price may be stated in terms of a price range.

N.J.A.C. 13:45A-9.5 states the requirements for advertising offering merchandise for sale at a saving stated in a percentage or a range of percentages, exempting percentage-off discounts made in accordance with N.J.A.C. 13:45A-9.8. N.J.A.C. 13:45A-9.6 contains prohibitions against fictitious pricing and describes and gives examples of fictitious pricing.

N.J.A.C. 13:45A-9.7 details the advertisements to which Subchapter 9 applies, who are considered advertisers and under what circumstances they are not liable for a violation of the subchapter. It also sets forth the burden of proof advertisers must satisfy in order to avoid liability under the subchapter. The section contains a savings clause if any of the provisions of the subchapter or its application is held unconstitutional or beyond the powers of the Attorney General.

N.J.A.C. 13:45A-9.8 sets forth disclosure requirements for retail establishments that use scanners and that offer percentage-off discounts at the point of sale, for advertisers offering percentage-off discounts on merchandise priced under $ 100.00, and for advertisers discounting merchandise at the point of sale. It also describes required contents for advertisements and point of display materials involving multi-tiered pricing offers and required disclosures for targeted discounts.

Subchapter 10 details the requirements for servicing and repairing home appliances. N.J.A.C. 13:45A-10.1 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-10.2 sets forth the information that a home appliance dealer must supply to a consumer who purchases a home appliance relating to warranties and service contracts and to the charges and fees that a home appliance repairer must disclose when a consumer requests service. It also outlines the circumstances when such information is not required.

N.J.A.C. 13:45A-10.3 sets forth acts and omissions that are considered deceptive practices in the business of repairing and servicing home appliances. N.J.A.C. 13:45A-10.4 details exceptions to the rules for certain appliances and systems when the repair or servicing required presents a hazard or threat to life or health. N.J.A.C. 13:45A-10.5 states that violations of the subchapter are subject to sanction under the Consumer Fraud Act.

Subchapter 11 is reserved.

Subchapter 12 contains requirements for the sale of animals. P.L. 1999, c. 336, the "Pet Purchase Protection Act," in many ways codified much of the body of regulatory law. However, some adjustments are warranted for purposes of clarification. The Division anticipates undertaking this task in a separate rulemaking, but, for the interim, has determined that there is a continuing need to retain the rules now in place and has proposed them for readoption.

N.J.A.C. 13:45A-12.1 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-12.2 details the animal history and health certificate and notices to be provided to a purchaser and sets forth certain practices and omissions that are deceptive practices in the conduct of the business of a pet dealer. N.J.A.C. 13:45A-12.3 details required practices and disclosures for pet dealers related to the health of animals and their fitness for sale. Subchapter 13 details the powers to be exercised by county and municipal consumer protection agencies. N.J.A.C. 13:45A-13.1 states the general purpose and intent of the rules. N.J.A.C. 13:45A-13.2 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-13.3 outlines the requirements for the establishment of the county or municipal director, and provides that delegated powers will be exercised in the name of a county or municipal director of consumer affairs by either the director of a county office or municipal director of consumer affairs. N.J.A.C. 13:45A-13.4 sets forth the qualifications of a county or municipal director of consumer affairs. N.J.A.C. 13:45A-13.5 details when the authority to exercise delegated powers to a county or municipal director of consumer affairs may be suspended or revoked. N.J.A.C. 13:45A-13.6 delineates the delegated powers of a county or local director of consumer affairs. N.J.A.C. 13:45A-13.7 states that the Director may terminate, suspend or modify any litigation or any other action taken by a county or municipal consumer affairs agency otherwise authorized that is improperly brought or is contrary to the public interest. N.J.A.C. 13:45A-13.8 sets forth certain restrictions on the powers of county and municipal directors of consumer affairs. N.J.A.C. 13:45A-13.9 is reserved.

Subchapter 14 details the requirements for unit pricing of consumer commodities in retail establishments. N.J.A.C. 13:45A-14.1 sets forth the purpose of the subchapter. N.J.A.C. 13:45A-14.2 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-14.3 details the persons and operations that are exempted from complying with the Unit Price Disclosure Act, N.J.S.A. 56:8-25. N.J.A.C. 13:45A-14.4 lists the consumer commodities that are subject to the regulation and their approved units of measure. N.J.A.C. 13:45A-14.5 lists the consumer commodities that are exempt from the rules. N.J.A.C. 13:45A-14.6 sets forth how the numerical unit price of a regulated consumer commodity is to be calculated and states where a unit price is to appear and how a unit price is to be expressed.

N.J.A.C. 13:45A-14.7 mandates review and approval of a sample format of a label by the Director prior to display when a unit price label is required and sets forth the standards the Director will follow in determining whether to approve the label. N.J.A.C. 13:45A-14.8 requires that a sample sign or unit price list be submitted to the Director for approval prior to display of a sign or list in conjunction with the sale of a regulated consumer commodity at retail and sets forth the standards the Director will follow in determining approval of the sign or list. N.J.A.C. 13:45A-14.9 states that when a unit price tag is required to be attached to a consumer commodity, a sample tag must be submitted to the Director for approval prior to display. N.J.A.C. 13:45A-14.10 details where the unit price is to appear in relation to the commodity displayed. N.J.A.C. 13:45A-14.11 permits the placement of unit price information on consumer commodities by a nonretailer.

The Division proposes to repeal and reserve N.J.A.C. 13:45A-14.12 since the authority granted to the Director to grant an extension of time to comply with the rules of the subchapter expired 90 days after the final adoption of the subchapter.

N.J.A.C. 13:45A-14.13 sets forth the definition of "non-intentional technical errors." N.J.A.C. 13:45A-14.14 sets forth the circumstance under which a retail establishment may request a waiver of the unit price requirements. N.J.A.C. 13:45A-14.15 sets forth the penalties for a violation of the subchapter.

Subchapter 15 details requirements for disclosure of a refund policy in a retail establishment. N.J.A.C. 13:45A-15.1 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-15.2 specifies unlawful practices under the subchapter. N.J.A.C. 13:45A-15.3 describes refund policies that exempt a retail establishment from the rules. N.J.A.C. 13:45A-15.4 provides remedies in addition to those provided by the Consumer Fraud Act.

Subchapter 16 contains requirements for home improvement practices. N.J.A.C. 13:45A-16.1 states that the purpose of the subchapter is to provide procedures for the regulation and content of home improvement contracts, making clear that the rules apply to all sellers of home improvements as defined in the rules. N.J.A.C. 13:45A-16.1A contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-16.2 details the acts and practices of a seller that are unlawful practices relating to the sale, offer for sale or performance of home improvements.

Subchapter 17 implements the Contractors' Registration Act, P.L. 2004, c. 16 (N.J.S.A. 56:8-136 et seq.), by providing procedures for the registration of home improvement contractors and the regulation of home improvement contracts. P.L. 2004, c. 155, enacted after the promulgation of the rules in Subchapter 17, changed the date for compliance with the registration requirements of the Contractors' Registration Act to December 31, 2005. N.J.A.C. 13:45A-17.3(a) and 17.12(a) were changed administratively by a notice published at 37 N.J.R. 2212(a), to reflect the December 31, 2005 date for compliance. N.J.A.C. 13:45A-17.12(b) was changed administratively to delete the requirement that the Director be given prior notice of the cancellation or non-renewal of the commercial general liability policy to be consistent with the statutory amendment.

N.J.A.C. 13:45A-17.1 sets forth the purpose of the rules and to whom they apply. N.J.A.C. 13:45A-17.2 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-17.3 prohibits a person from engaging in the business of making or selling home improvements unless the person is registered with the Division or is exempt. N.J.A.C. 13:45A-17.4 sets forth the persons who are exempt from registration. N.J.A.C. 13:45A-17.5 details the information that applicants for registration are required to provide in an application. N.J.A.C. 13:45A-17.6 requires that applicants file a disclosure statement and details the criminal convictions that must be disclosed. N.J.A.C. 13:45A-17.7 imposes a duty on applicants to furnish updated information. N.J.A.C. 13:45A-17.8 imposes a continuing duty on applicants to cooperate with the Division if requested.

N.J.A.C. 13:45A-17.9 sets forth the grounds on which the Director may refuse to issue, renew, suspend or revoke a contractor's registration and provides for notice to the applicant or registrant and an opportunity to be heard. N.J.A.C. 13:45A-17.10 states the circumstances under which a suspended registration may be reinstated. N.J.A.C. 13:45A-17.11 provides for the issuance and use of registration numbers and certificates. N.J.A.C. 13:45A-17.12 requires that registered home improvement contractors carry commercial general liability insurance. N.J.A.C. 13:45A-17.13 requires that home improvement contracts subject to the Contractors' Registration Act comply with both N.J.A.C. 13:45A-16.2 and N.J.S.A. 56:8-151. N.J.A.C. 13:45A-17.14 details fees.

Subchapter 18 provides for review of consumer contracts by the Division to determine compliance with the Plain Language Act, N.J.S.A. 56:12-1 et seq. and states the fee for such review. Subchapter 19 contains the requirements for filing petitions for rulemaking with the Division. The Division proposes to amend N.J.A.C. 13:45A-19.1(b) to conform the requirements for a petition to the requirements set forth in N.J.A.C. 1:30-4.1(b) published in 33 N.J.R. 1927(a), effective June 4, 2001. Subsection (b) is amended to require the petitions to include the petitioner's interest in the request.

Subchapter 20 details the requirements for the resale of tickets of admission to places of entertainment. The Division is proposing to amend the subchapter to conform to changes in the law made by P.L. 2001, c. 394. The law was amended to provide for a registration, rather than a licensing scheme. Accordingly, the Division proposes to change "license" to "registration" and "licensee" to "registrant" throughout the subchapter. N.J.A.C. 13:45A-20.1 contains definitions of words and terms used in the subchapter. The Division proposes to amend the section to delete the term "ticket agent" and change the definition of "ticket reseller" to "ticket broker" to conform to the terms used in the statute. The Division proposes to amend the section to add definitions of "resale" and "resell" which are terms introduced in P.L. 2001, c. 394. N.J.A.C. 13:45A-20.2 details the procedure for registration. The Division proposes to amend N.J.A.C. 13:45A-20.2(c)3 to delete reference to a 1983 law. N.J.A.C. 13:45A-20.3 contains fees for new and renewal registrations. N.J.A.C. 13:45A-20.4 contains requirements for the ticket broker's place of business, prohibits the transfer or assignment of a registration, and requires that a corporate registrant notify the Director of a change in ownership. N.J.A.C. 13:45A-20.5 details requirements for sales, resales, and exchanges of tickets by registrants and by places of entertainment. The Division proposes to amend N.J.A.C. 13:45A-20.5(c) to provide that the limitation printed on the tickets on the amount of the premium at which the tickets may be resold may state an exception for registered ticket brokers and season ticket holders, giving effect to P.L. 2001 c. 394. The Division also proposes to add new subsections to conform to P.L. 2001, c. 394: subsection (d) limits the premium at which persons other than registered ticket brokers and season ticket holders may resell tickets and establishes a higher premium at which registered ticket brokers and season ticket holders may resell tickets; subsection (e) denies a purchaser the right to a refund from a ticket broker for specially ordered tickets paid for by the ticket broker unless the broker is able to find another purchaser if the original purchaser was notified of the policy; and subsection (j) sets forth prerequisites for a ticket broker to engage in the business of reselling tickets. The Division proposes to recodify subsections (d) through (g) as (f) through (i). N.J.A.C. 13:45A-20.6 contains record maintenance requirements for ticket brokers. An amendment to subsection (e) is being proposed requiring that records be maintained for at least two years to conform to the statutory requirement in P.L. 2001, c. 394. N.J.A.C. 13:45A-20.7 sets forth advertising rules for ticket brokers.

Subchapter 21 contains rules concerning the sale of food represented as kosher. N.J.A.C. 13:45A-21.1 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-21.2 details disclosure requirements. N.J.A.C. 13:45A-21.2(a) states the disclosure requirements for: premises where food is sold; hospitals or other places where the representation that the food is kosher is made following a request for kosher food; and nursing homes, summer camps, caterers or other places providing food pursuant to a contract. Subsection (b) details the disclosure requirements for a dealer representing itself as having rabbinical supervision. Subsection (c) details the disclosure requirements for a dealer selling food represented as kosher for Passover and for nursing homes, summer camps, caterers or other places providing food during Passover pursuant to a contract. Subsection (d) details the disclosure forms that a dealer must complete and return to the Division within 14 calendar days of receipt. Subsection (e) states that a dealer must conform its sales practices to the disclosures it makes pursuant to the rule. Subsection (f) states the requirements for amending disclosures to reflect changes in posted practices. Subsection (g) details recordkeeping requirements for a dealer representing itself as under rabbinical supervision. Subsection (h) details requirements for persons advertising the sale of kosher and nonkosher foods. Subsection (i) sets forth exemptions from the rule.

N.J.A.C. 13:45A-21.3 contains labeling requirements for kosher meat and poultry. N.J.A.C. 13:45A-21.4 contains recordkeeping requirements for dealers. N.J.A.C. 13:45A-21.5 contains periodic filing requirements and the contents of the filings for dealers under rabbinical supervision and for any individual or organization providing rabbinical supervision. It requires that dealers notify the Division in writing of certain changes affecting rabbinical supervision. It also contains exemptions to the rules. N.J.A.C. 13:45A-21.6 provides for inspection of dealers by the Division. N.J.A.C. 13:45A-21.7 sets forth violations that constitute unlawful practices under the Consumer Fraud Act.

N.J.A.C. 13:45A-21.8 creates a presumption that a dealer in possession of a product not in conformance with its disclosure is in possession of that food with the intent to sell. Subchapter 22 sets forth rules for determining the basis on which food may be represented to be halal; that is, represented to conform with the expectations and understanding of the laws and customs of the Islamic religion. N.J.A.C. 13:45A-22.1 states the purpose of the rules which is to implement the provisions of P.L. 2000, c. 60 (N.J.S.A. 56:8-98 et seq.), the "Halal Food Consumer Protection Act." N.J.A.C. 13:45A-22.2 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-22.3 sets forth the applicable disclosure requirements for dealers who sell food as halal, including slaughterhouses, retail establishments and nursing homes, summer camps, caterers or other dealers who serve prepared food pursuant to a contract, referencing and incorporating Appendices A through D to Subchapter 22. N.J.A.C. 13:45A-22.4 allows for oral disclosure of standards for food offered as halal in places where oral representations that food is halal are not made until after the consumer has requested halal food. N.J.A.C. 13:45A-22.5 permits any person subject to the disclosure provisions to rely on the representations that the food is halal made by other persons in the chain of distribution. N.J.A.C. 13:45A-22.6 outlines the recordkeeping requirements of dealers of halal food. N.J.A.C. 13:45A-22.7 creates a presumption that a dealer in possession of any food not in conformance with its disclosure statement is in possession of that food with the intent to sell. N.J.A.C. 13:45A-22.8 provides for inspection of dealers by the Division. N.J.A.C. 13:45A-22.9 is reserved.

N.J.A.C. 13:45A-22.10 sets forth the acts and omissions that constitute unlawful practices under the Consumer Fraud Act.

Subchapter 23 describes deceptive practices concerning watercraft repair. N.J.A.C. 13:45A-23.1 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-23.2 details acts and omissions that are considered deceptive practices by a watercraft repair dealer. Subchapter 24 contains requirements for toy and bicycle safety. N.J.A.C. 13:45A-24.1 specifies the purpose and scope of the subchapter. N.J.A.C. 13:45A-24.2 details the requirements for the reporting of toy related injuries. Physicians and medical directors of licensed health related facilities are required to report a toy-related injury or death to the Office of Consumer Protection as soon as practicable, but no later than the next day. It also specifies the information that must be contained in the initial telephone report and the confirming written report, details record and reporting requirements for the Director of the Division for reported toy related injuries, and states the circumstance under which the Director may release information to an appropriate governmental organization identifying the physician who has reported the injury or death and/or patient. The Director is required to issue a warning to the public about a specific toy that may pose an immediate danger. The Director is obligated to refer to the Board of Medical Examiners or the Board of Chiropractic Examiners, as applicable, a case of a physician or medical doctor who fails to report a toy related injury or death. N.J.A.C. 13:45A-24.3 contains regulations for toy recall notices, requiring that a manufacturer, distributor or dealer giving public notice of a defect or hazard in a toy intended for use by children must also notify the Director and that dealers maintain a record of receipt of toy recall notices. It also contains obligations of a dealer to display notifications of defective or hazardous toys or other articles intended for use by children. The Director is required to publish and disseminate a summary of toys and other items used by children that have been found to be defective or hazardous. Failure to comply with any requirements of N.J.A.C. 13:45A-24.3 is a violation of the Consumer Fraud Act.

N.J.A.C. 13:45A-24.4 contains requirements for bicycle safety notices. Subsection (a) requires that a bicycle safety statement promoting the use of helmets must be affixed to bicycles sold at retail. P.L. 2005, c. 208, enacted August 26, 2005, raises the age when minors are required to wear helmets when riding a bicycle, roller skates or skateboards to 17 years of age and under from 14 and under, but otherwise makes no change in the law. The existing law (N.J.S.A. 39:4-10 et seq.) contains detailed signage requirements. The warning notices must be changed to reflect the increase in age as a result of the new law, but the act does not affect existing regulations. However, the Division proposes to amend subsection (a) to refer to the statutory notice requirements. Subsection (b) provides for the form that the statement may take. The Division proposes to amend the subsection to reflect the change in area code in the telephone number of The New Jersey Coalition for Prevention of Developmental Disabilities. Subsection (c) provides that a statement which promotes the use of bicycle helmets that is contained within the owner's manual does not satisfy the notice requirement.

Subchapter 25 regulates sellers of health club services. N.J.A.C. 13:45A-25.1 defines the term "health club" and lists facilities that are not within the scope of the Sellers of Health Club Services Act, P.L. 1987, c. 238.

N.J.A.C. 13:45A-25.2 sets forth the procedures and requirements for the issuance of a certificate of registration biennially and the fees. Each contract for health club services is required to contain the facility's certificate or registration number. N.J.A.C. 13:45A-25.2 contains the text of the notice to be provided by the Division to each registered facility and permits a registrant to advertise that the facility is a registered health club, but not that it has been approved or endorsed by the Division.

N.J.A.C. 13:45A-25.3 provides the bases on which an exemption from the registration requirements may be claimed. N.J.A.C. 13:45-25.4 details the procedure for claiming an exemption from the requirement to post security.

N.J.A.C. 13:45A-25.5 details the records required to be kept relating to a bond or other security.

N.J.A.C. 13:45A-25.6 provides that any violation of the provisions of the subchapter is subject to the sanctions contained in the Consumer Fraud Act.

Subchapter 26 contains the new car "lemon law" rules for resolving disputes relating to new passenger cars and motorcycles. The Division is proposing technical amendments to N.J.A.C. 13:45A-26.3(b)2 and 5, 26.12(b) and 26.14(c) to reflect the fact that the responsibility for motor vehicles was transferred from the Division of Motor Vehicles to the Motor Vehicle Commission. N.J.A.C. 13:45A-26.1 states the purpose of the subchapter, which is to implement the Lemon Law, P.L. 1988, c. 123, and states to whom the subchapter applies. N.J.A.C. 13:45A-26.2 contains definitions of the words and terms used in the subchapter.

N.J.A.C. 13:45A-26.3 details notices to be given to consumers advising of their rights if they purchase or lease a defective motor vehicle. Subsection (a) specifies the wording of the statement to be provided by the manufacturer at the time of purchase or lease of a motor vehicle. Subsection (b) states that a motor vehicle may not be resold if it is returned to the manufacturer under the provision of the Lemon Law, or a similar statute of another state, unless specific listed actions are taken. The Division is proposing an amendment to N.J.A.C. 13:45A-26.3(b)3 to provide a more precise statutory reference. Subsection (c) requires a manufacturer, through its dealer, to give the consumer a statement containing information about the diagnosis made and the work performed each time the vehicle is returned from being examined or repaired. Subsection (d) states that the failure to comply with the provisions of the rule is a violation of the Consumer Fraud Act.

N.J.A.C. 13:45A-26.4 establishes the Lemon Law Unit (LLU), requires the Lemon Law Unit to provide an informational brochure to consumers, and describes how consumers and manufacturers are to correspond with the Lemon Law Unit.

The Division proposes to amend N.J.A.C. 13:45A-26.5 so that the rule addresses only Lemon Law claims that are initiated by filing a claim with the Lemon Law Unit. The references to filing in Superior Court or addressing a claim through the manufacturer's informal dispute settlement procedure are deleted, but a proposed subsection (c) acknowledges the possibility of filing an action in Superior Court. N.J.A.C. 13:45A-26.5(a) describes the notice of potential claim that must be given to the manufacturer prior to initiating a claim under the Lemon Law. The Division is proposing to amend this subsection to make clearer that a motor vehicle must have been out of service because of nonconformities for at least 20 days. Subsection (b) details the steps a consumer may take to pursue a claim if the manufacturer fails to correct a nonconformity or refund the price of the vehicle. The Division is proposing to amend subsection (b) to make clear that subchapter 26 applies only to Lemon Law claims initiated with the Lemon Law Unit of the Division and that the 10 days afforded a manufacturer to make one more repair or correction is measured from the receipt of written notice from the consumer of a potential claim. N.J.A.C. 13:45A-26.6 specifies what a consumer must provide to the Lemon Law Unit in order to be eligible for the Dispute Resolution System.

N.J.A.C. 13:45A-26.7 details the information and materials to be submitted with the application for dispute resolution and the contents of a statement accompanying the application concerning the satisfaction of prerequisites. N.J.A.C. 13:45A-26.8 states the filing fee for applying for dispute resolution. N.J.A.C. 13:45A-26.9 outlines the process for the review of applications. N.J.A.C. 13:45A-26.10 sets forth the process of notifications and scheduling of hearings to be conducted by the Office of Administrative Law. The Division is proposing an amendment to this section to eliminate a reference to a date that has passed, to change the address of the Clerk of the Office of Administrative Law to which the manufacturer is to send its response to a consumer's application, to make clear that the 10 days within which the manufacturer must send its response is measured from the receipt of notice of acceptance of the consumer's application for dispute resolution and other non-substantive changes for clarification.

N.J.A.C. 13:45A-26.11 details how a refund claimed by a consumer is to be computed. N.J.A.C. 13:45A-26.12 sets forth the process for issuing the final decision about the dispute. N.J.A.C. 13:45A-26.12(a) provides for review of the OAL initial decision by the Director and specifies what action the Director may take. Subsection (b) details the notices the Director must give to the parties regarding the final decision at the conclusion of the 15-day review period. Subsection (c) requires a manufacturer to advise the Director of its compliance with the final decision within 10 days following the date set for the completion of all awarded remedies. Subsection (d) provides the penalties for a manufacturer who unreasonably fails to comply with the decision in a specified period of time. N.J.A.C. 13:45A-26.13 sets forth the process for appealing the decision of the Director. The Division is considering a future rulemaking to clarify the process for pursuing a claim from the initiation of an action with the Lemon Law unit through final decision and appeal.

N.J.A.C. 13:45A-26.14 details the manufacturer's reporting requirements. N.J.A.C. 13:45A-26.14(a) sets forth the requirements for the roster of automobiles that the Lemon Law Unit must compile. Subsection (b) sets forth requirements for manufacturers who establish or participate in an informal dispute settlement procedure. The Division proposes to amend subsection (b) to delete reference to a date that has passed. Subsection (c) sets forth the information that is required on the questionnaire sent out to manufacturers twice yearly by the Lemon Law Unit. The Division is proposing an amendment to change "design" to "decision" to correct a typographical error. Subsection (d) states that the failure of the manufacturer to return the completed questionnaire within 60 days of receipt is a violation of the Consumer Fraud Act.

N.J.A.C. 13:45A-26.15 provides for the Division to maintain an index of motor vehicle disputes. The Division is proposing to amend this section to reflect the fact that the information is now kept in a data base from which it can be retrieved from time to time. The proposed amendments delete reference to the date by which the initial index was to have been available to the public, which has passed, and to the availability of the index periodically since information can be retrieved from a data base any time.

Subchapter 26A sets forth rules relating to motor vehicle advertising practices. N.J.A.C. 13:45A-26A.1 states the scope of the subchapter which is to identify certain unlawful motor vehicle advertising practices. The Division is considering future rulemaking that would amend Subchapter 26A to address evolving changes in motor vehicle advertising practices. N.J.A.C. 13:45A-26A.2 states the types of advertising to which the subchapter applies. N.J.A.C. 13:45A-26A.3 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-26A.4 specifies "bait and switch" advertising practices which are prohibited. N.J.A.C. 13:45A-26A.5 details the disclosures required in advertisements offering new and used motor vehicles for sale at an advertised price or as a "demo." It is an unlawful practice to omit information required by the rule.

N.J.A.C. 13:45A-26A.6 details the disclosure requirements for advertising new and used motor vehicles for lease. In all written advertisements the information required by the rule must be in at least 10 point type and easy to read and understand. There are size and readability specifications if the advertiser elects to use a full disclosure format in a written advertisement. The section also details requirements for an advertisement that is not in writing, sets forth requirements for a required toll free number, and describes the information that must be provided through the toll free number. It is an unlawful practice to omit the information required by the rule.

N.J.A.C. 13:45A-26A.7 describes advertising practices that are unlawful. N.J.A.C. 13:45A-26A.8 concerns credit and installment sale advertising of motor vehicles, detailing the information required to be included and describing the practices that are unlawful. N.J.A.C. 13:45A-26A.9 outlines the dealer's on-site disclosure requirements and details what and where information relating to an advertised motor vehicle must be provided. Dealers are barred from advertising a new motor vehicle that does not have the Monroney label, if required by the Automobile Information Disclosure Act, 15 U.S.C. 1231 through 1233. It is an unlawful practice to fail to comply with the disclosures required by the rule.

N.J.A.C. 13:45A-26A.10 requires that an advertised vehicle must be available on premises or there must be a record of its sale during the period of publication. If a motor vehicle is sold or leased during the period of publication, the advertiser must so notify consumers who inquire by telephone. It is an unlawful practice to fail to comply with the rule.

Subchapter 26B contains rules governing automotive sales practices. N.J.A.C. 13:45A-26B.1 contains definitions of words and terms used in the subchapter. The Division is considering a future rulemaking that would amend this subchapter to address evolving changes in automobile sales practices and the manner in which automotive dealers are to set forth pre-delivery and documentary service fees on the sales document for a motor vehicle. N.J.A.C. 13:45A-26B.2 outlines unlawful practices.

Subchapter 26C contains rules for automotive repairs. N.J.A.C. 13:45A-26C.1 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-26C.2 delineates acts that are considered deceptive practices under the subchapter.

Subchapter 26D regulates sales practices of tire distributors and dealers. N.J.A.C. 13:45A-26D.1 contains general provisions that define words and terms in the subchapter. N.J.A.C. 13:45A-26D.2 describes deceptive practices. N.J.A.C. 13:45A-26D.3 makes violations of the subchapter subject to the sanctions of the Consumer Fraud Act.

Subchapter 26E establishes a "lemon law" dispute resolution program for motorized wheelchairs. N.J.A.C. 13:45A-26E.1 states the purpose of the subchapter, which is to implement the Motorized Wheelchair Lemon Law, P.L. 1995, c. 233, and its scope. N.J.A.C. 13:45A-26E.2 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-26E.3 requires that a new motorized wheelchair be covered by a manufacturer's warranty. If there is no express warranty, the manufacturer is deemed to have given the warranty provided for in the rule. N.J.A.C. 13:45A-26E.4 establishes the Wheelchair Lemon Law Unit (WLLU), specifies the information that is to be included in the brochure that the Wheelchair Lemon Law Unit is required to make available to the public, and states where correspondence with the Unit must be directed.

N.J.A.C. 13:45A-26E.5 details the procedure for the repair of a nonconformity in a new motorized wheelchair that the consumer believes does not conform to an applicable express warranty, the options available if the nonconformity continues to exist and the circumstances under which a consumer may pursue a wheelchair lemon law claim. N.J.A.C. 13:45A-26E.6 details the items that a consumer must provide to be eligible to use the Wheel Chair Lemon Law dispute resolution program. N.J.A.C. 13:45A-26E.7 outlines the information that must be submitted in connection with the Application for Dispute Resolution and requires that the application include a statement detailing that the consumer has met the requirements for dispute resolution. N.J.A.C. 13:45A-26E.8 contains the filing fee and N.J.A.C. 13:45A-26E.9 details the procedures for processing the applications. N.J.A.C. 13:45A-26E.10 details the procedure for notification and the scheduling of hearings. The Division is proposing an amendment to delete reference to a date that has passed.

N.J.A.C. 13:45A-26E.11 details what costs, fees and charges may be recovered, how to calculate the deduction for usage and how to compute the refund.

N.J.A.C. 13:45A-26E.12 details the Director's options after reviewing the OAL initial decision, describes the notices of the Director's action that must be given to the parties at the end of the 15 day review period, states that the manufacturer must advise the Director that it will comply or appeal within 10 days following the date specified for completion of all awarded remedies and details the penalties if the manufacturer unreasonably fails to comply with the decision within the specified time period. N.J.A.C. 13:45A-26E.13 delineates the process for an appeal to the Appellate Division from the Director's final decision. N.J.A.C. 13:45A-26E.14 sets forth the reporting requirements for a manufacturer that establishes an informal dispute resolution system. N.J.A.C. 13:45A-26E.15 sets forth the requirement for an index of motorized wheelchair disputes. The Division proposes to amend N.J.A.C. 13:45A-26E.14(b) to delete a reference to a date that has passed and to amend N.J.A.C. 13:45A-26E.15 to reflect that the information is now kept in a data base from which it can be retrieved from time to time. The proposed amendments to N.J.A.C. 13:45A-26E.15 delete reference to the initial index, the date by which it was to have been available to the public, which has passed, and to the availability of the index periodically since information can be retrieved from a data base any time. Subchapter 26F implements the "lemon law" program for used motor vehicles. It details unfair trade practices in the sale and warranty of used motor vehicles. N.J.A.C. 13:45A-26F.1 sets out the purpose and scope of the subchapter. N.J.A.C. 13:45A-26F.2 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-26F.3(a) describes what used motor vehicles are not eligible for the warranty under the program. The Division proposes an amendment to paragraph (a)2 to change "eight or more" model years old to "over seven" model years old to eliminate possible confusion because of the difference in wording used in the statute. Subsection (b) details the duration of the required warranty and incorporates by reference the form of warranty appended to the rule as Appendix A. Subsection (c) details the requirements for the content of the written warranty. Subsection (d) provides when the warranty periods must be extended. Subsection (e) sets forth the consequences if the dealer fails to provide the written warranty. N.J.A.C. 13:45A-26F.4 provides for a written waiver of the warranty and incorporates by reference the form of the "as is" disclosure and the waiver of warranty that are appended to the rule as Appendices B and C, respectively.

N.J.A.C. 13:45A-26F.5 sets forth the bond requirement. N.J.A.C. 13:45A-26F.6 sets forth the administrative fee authorized by N.J.S.A. 56:8-80. The Division is proposing an amendment to N.J.A.C. 13:45A-26F.6 to provide for the annual remittance of the administrative fee and to incorporate by reference the Certification of Administrative Fees form appended to the rule as proposed Appendix D. Annual remittance of the fee will ease the administrative burden on both dealers and the Division. The amendments to this section make clearer that the administrative fee is payable in respect of every used motor vehicle purchased in the State and deletes reference to quarterly dates. The certification form that is incorporated by reference is designed for annual reporting. N.J.A.C. 13:45A-26F.7 sets forth the steps a consumer must take to be able to pursue a claim if he or she believes that a used motor vehicle does not conform to an applicable warranty, details the conditions that must exist for a consumer to seek resolution under the used car lemon law, and the options available for resolving the dispute. N.J.A.C. 13:45A-26F.8 establishes the Used Car Lemon Law Unit (UCLL) in the Division of Consumer Affairs. The Division proposes to amend subsection (b) to correct the post office box number and zip code for correspondence with the UCLL. N.J.A.C. 13:45A-26F.9 sets forth the items that a consumer needs to furnish to the UCLL to be eligible for dispute resolution. The Division proposes an amendment to N.J.A.C. 13:45A-26F.9(a)1 to correct a typographical error. N.J.A.C. 13:45A-26F.10 details the information that must be submitted in the application for dispute resolution, including a statement detailing that the consumer has met the prerequisites for dispute resolution. N.J.A.C. 13:45A-26F.11 provides for how applications are to be processed. N.J.A.C. 13:45A-26F.12 details the requirements for notification and the scheduling of hearings. Subsection (a) requires each used motor vehicle dealer to forward to the UCLL contact information about the person designated by the dealer to receive notices under the dispute resolution process. The Division proposes an amendment to N.J.A.C. 13:45A-26F.12(a) to delete a deadline date that has passed. Subsection (b) provides for notification to the parties when the application is accepted. Subsection (c) provides for the UCLL to refer the accepted application to the OAL and schedule a hearing or to refer it to the Division's alternate dispute resolution procedure. Subsection (d) provides for the OAL to mail notice of the date, time and location of the hearing to both parties. Subsection (e) states that a copy of the application materials must be sent to the dealer and provides for the dealer to respond to the statements in the consumer's application. Subsection (f) details requirements for adjournments or rescheduling. N.J.A.C. 13:45A-26F.13 states to whom the Director must mail notification of the final decision, and states the dealer's obligation to notify the Director as to compliance when the decision is in favor of the consumer. N.J.A.C. 13:45A-26F.14 details how a refund is to be computed. N.J.A.C. 13:45A-26F.15 sets forth the appeals process.

N.J.A.C. 13:45A-26F.16 sets forth the obligation of a dealer that establishes or participates in an informal dispute resolution procedure to notify the Division. The Division proposes to amend the section to delete reference to a date that has passed.

N.J.A.C. 13:45A-26F.17 sets forth the requirement that the Division maintain an index of used motor vehicle disputes. The Division proposes to amend the section to delete reference to a date that has passed and to reflect that the information is now kept in a data base from which it can be retrieved from time to time. The proposed amendment deletes reference to the date by which the index was to have been available to the public, which has passed, and to the availability of the index periodically since information can be retrieved from a data base any time. N.J.A.C. 13:45A-26F.18 states that violations of the subchapter are subject to the sanctions contained in the Consumer Fraud Act.

Subchapter 27 implements the New Jersey Uniform Prescription Blanks program. N.J.A.C. 13:45A-27.1 sets forth the purpose and scope of the subchapter which is to implement the provisions of P.L. 1996, c. 154, the Uniform Prescription Blanks Act, N.J.S.A. 45:14-14.1 et seq. N.J.A.C. 13:45A- 27.2 contains definition of words and terms used in the subchapter. N.J.A.C. 13:45A-27.3 provides direction to licensed prescribers regarding the mandatory use of New Jersey Prescription Blanks (NJPBs). Subsection (a) states which NJPBs a licensed prescriber may use. Subsection (b) states the conditions that a prescriber must satisfy in order to use the NJPB of a licensed healthcare facility. Subsection (c) requires that a separate NJPB be used for each controlled dangerous substance. Subsection (d) addresses preprinted NJPBS for multiple drugs. Subsections (e) and (f) of N.J.A.C. 13:45A-27.3 delineate the circumstances under which prescribers are exempt from the requirement to use an NJPB.

N.J.A.C. 13:45A-27.4 details the recordkeeping, reporting and security requirements imposed upon licensed prescribers and healthcare facilities utilizing NJPBs and pharmacists receiving prescriptions on NJPBs. N.J.A.C. 13:45A-27.5 sets forth the requirements for using NJPBs for prescribers who are affiliated with a group practice.

N.J.A.C. 13:45A-27.6 delineates the information vendors must submit to the Division as part of their application to become approved NJPB vendors. N.J.A.C. 13:45A-27.7 requires that NJPBs must be manufactured and distributed by approved vendors and sets forth the circumstances in which a vendor may withdraw or be terminated from the NJPB program.

N.J.A.C. 13:45A-27.8 sets forth the printing specifications for production of NJPBs. N.J.A.C. 13:45A-27.9 delineates the vendor's obligations in connection with the production of NJPBs for licensed prescribers and licensed healthcare facilities. Subsections (a) and (c) require that the vendor verify that the application for NJPBs is from a duly licensed prescriber. Subsection (b) specifies what signatures a vendor must obtain in order to produce NJPB for a group practice. N.J.A.C. 13:45A-27.9(d) sets forth the conditions for delivery of NJPBs. Subsection (e) sets forth the conditions under which NJPBs may be picked up from the vendor. N.J.A.C. 13:45A-27.9(f) sets forth the formats in which a vendor must be able to produce NJPBs. Subsection (g) provides requirements for batch numbers for orders. Subsection (h) requires vendors to maintain a computerized data base with information about the licensed prescribers and healthcare facilities for which they produce NJPBs.

N.J.A.C. 13:45A-27.10 sets forth security requirements with which all NJPB vendors must comply. N.J.A.C. 13:45A-27.11 requires vendors to maintain the confidentiality of all data and documents relating to the production, storage and distribution of NJPBs. N.J.A.C. 13:45A-27.12 concerns the enforcement of the rules in Subchapter 27, authorizing the Division to inspect facilities where NJPBs are produced or stored or from which they are distributed, and to have access to resources relating to the printing and distribution of NJPBs. N.J.A.C. 13:45A-27.13 requires all currently approved vendors to apply for renewal of their approved vendor status on a triennial basis. The Division is proposing an amendment to this section to delete reference to a date that has passed.

Subchapter 28 contains requirements for motor vehicle leasing. N.J.A.C. 13:45A-28.1 through 28.7 are reserved. N.J.A.C. 13:45A-28.8 states that the lessee may waive his or her right to review the lease contract and sets forth the information that must appear in the waiver and the font size in which it must be printed.

Subchapter 29, implementing P.L. 1999, c. 76, N.J.S.A. 56:8-19.1, sets forth the requirements for exempting real estate brokers, broker salespersons, and salespersons from assessment of punitive damages or attorney's fees provided for in the Consumer Fraud Act if they are in compliance with the property condition disclosure requirements of the rule and have obtained a completed property condition disclosure statement from a seller of a property. The Division has provided a 60-day comment period for this notice of proposal. Therefore, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The rules proposed for readoption and the proposed repeal and amendments to N.J.A.C. 13:45A will continue to have a beneficial impact by protecting consumers against unfair business practices. The rules proposed for readoption and the proposed amendments will enable the Division's Office of Consumer Protection to continue to ensure compliance with the Consumer Fraud Act and provide guidance to, and place reasonable responsibilities on, businesses in connection with the sale and advertisement of goods and services. An analysis of the social impact of each subchapter follows.

Subchapter 1 benefits consumers by ensuring prompt delivery of, and satisfaction with, mail order merchandise.

Subchapter 3 has a beneficial impact on consumers because the labeling requirements ensure that consumers are clearly informed about the quality and content of meat or meat food products and the restrictions on fat and breading content. The meat charts aid butchers and meat retailers in identifying all cuts of meat.

Subchapter 4 protects the public health, safety and welfare by ensuring that banned hazardous products do not reach the marketplace.

Subchapter 5 provides a degree of protection to consumers who incur a financial obligation or pay in advance for furniture.

Subchapter 9 benefits the public by providing protection against identified deceptive advertising practices and by requiring that advertisements be truthful. Additionally, businesses and other entities involved with advertising benefit from the removal of an unfair competitive advantage gained by advertisers who engage in deceptive practices.

Subchapter 10 benefits consumers who purchase or request service on a home appliance by ensuring that they are provided with a written copy of any warranty or service contract information and that they are informed, before becoming committed to any repair or servicing expense, of any diagnostic charges or set fees and the method used to determine charges for labor and parts. Finally, the subchapter protects consumers from deceptive representations by enumerating practices which are unlawful under the Consumer Fraud Act.

Subchapter 12 benefits consumers who purchase animals from pet dealers by reducing the risks of purchasing a pet that is ill and lessening the problems and expenses that might result if the consumer does in fact purchase a sick animal.

Subchapter 13 benefits consumers by giving them the option to have complaints handled on the local level by trained county or municipal officials most familiar with the community and by giving the Division the ability to refer complaints to these local authorities.

Subchapter 14 provides standards so that consumers can readily compare the price per unit of measure for comparable commodities, which will allow them to make informed decisions about purchases in regulated retail establishments. It benefits consumers and retailers by enhancing consumer confidence in the retail selling environment.

Subchapter 15 benefits consumers by allowing them to more properly evaluate a purchase decision and benefits retailers by engendering more equitable competition among retail establishments. Subchapter 16 benefits consumers by requiring written contracts for home improvements and by proscribing certain deceptive practices.

Subchapter 17 will benefit contractors by providing information about the process for applying for registration. Registration will be necessary for contractors to obtain municipal permits. Consumers will benefit from being able to identify contractors who have registered.

Subchapter 18 benefits consumers by ensuring that contracts are more readily understandable. Subchapter 19 benefits the public by clearly outlining the procedures by which interested parties may petition the Division for rulemaking.

Subchapter 20 benefits consumers who purchase tickets of admission to places of entertainment in the State by placing limitations on the price at which various categories of persons may resell tickets and requiring brokers to make disclosures that will allow consumers to make more informed decisions about purchasing tickets. Consumers will have a means of redress in the event of cancellations or any violations of the law or these rules. Subchapter 20 also benefits ticket brokers by limiting brokers' obligation to refund the price of specially ordered tickets to those instances where the broker is able to sell the tickets to another purchaser.

Subchapter 21 benefits consumers of kosher products by protecting them from possible misrepresentation.

Subchapter 22 benefits consumers of halal products by protecting them from possible misrepresentation.

Subchapter 23 benefits consumers by the elimination of deceptive practices in watercraft repair and by clarifying rights and responsibilities regarding watercraft repair.

Subchapter 24 protects the health, safety and welfare of consumers by providing a method for identifying toys that may be hazardous to children and making that information available to the public. It also assures the information about bicycle safety is brought to the attention of the public at the point of sale.

Subchapter 25 protects consumers by ensuring that sellers of health club services provide relevant data about ownership and operations to the Division.

Subchapter 26 provides a quick, effective and inexpensive way for consumers to redress grievances related to defective motor vehicles and advises consumers that the rules apply only to a claim made through the Division's Lemon Law Unit and not to an action brought in court.

Subchapter 26A, by requiring motor vehicle sellers and lessors to provide pertinent information to the consumer prior to the sale or lease of a motor vehicle, aids consumers in making an informed choice when purchasing or leasing a motor vehicle. Limiting deceptive sales and leasing practices benefits consumers by promoting fair dealing.

Subchapter 26B protects consumers against deceptive practices relating to pre-delivery and documentary service fees by ensuring that consumers have sufficient information.

Subchapter 26C benefits consumers and dealers by clarifying the rights and responsibilities of the repair dealer and consumer in connection with automotive repairs.

Subchapter 26D benefits consumers purchasing tires by ensuring that they are provided with the necessary information to follow up on tires purchased in the event that they are defective or more information is needed.

Subchapter 26E benefits consumers by establishing procedures for use of the Division's motorized wheelchair dispute resolution system, detailing the requirements for the manufacturer's warranty and establishing the wheelchair lemon law unit.

Subchapter 26F benefits consumers by establishing the procedures for the repair of a material defect and for resolving a complaint relating to a used motor vehicle, creating the used car lemon law unit and detailing the requirements for the used car warranty. Subchapter 26F with the proposed amendments also benefits used motor vehicle dealers by changing the requirement for remitting the administrative fee from quarterly to annually.

Subchapter 27 benefits pharmacists by enabling them to more easily identify a valid prescription, which also benefits the public.

Subchapter 28 has a positive impact by providing protection for consumers who lease motor vehicles.

Subchapter 29 benefits purchasers of real property by facilitating disclosure about the property and benefits real estate licensees by affording them "safe harbor" protection against suits for punitive damages.

Economic Impact

The rules proposed for readoption and the proposed repeal and amendments to N.J.A.C. 13:45A generally will have a favorable impact upon the consumer, who will continue to be protected against the adverse effects of unfair practices in a wide range of consumer transactions. Businesses found to be using such unfair practices may incur expenses in the form of restitution, penalties and reimbursement of the Division's costs. An analysis of the economic impact of each subchapter follows.

Subchapter 1 will continue to have an economic effect on mail order or catalog businesses which must comply with a number of requirements if the entity wants to do business with consumers in New Jersey. The Division considers these expenses to be justified because of the consumers' interest in receiving acceptable merchandise in a timely manner.

Subchapter 3 will continue to have a positive impact on consumers by assuring that they receive the quality of meat for which they paid. The rules also have a favorable impact on meat retailers by maintaining public confidence in the meats offered for sale. Although maintaining meat quality standards may exact a cost to retailers, the cost is justified because of the interest in maintaining the public health and confidence in the meat industry.

Subchapter 4 will continue to have a beneficial impact on consumers in that they will avoid the economic consequences that can result from the purchase of unsafe products. To the extent any person is manufacturing, distributing or selling any consumer product contrary to an order of the Consumer Product Safety Commission, such person will continue to be barred from doing so and will be subject to a penalty pursuant to the Consumer Fraud Act.

Subchapter 5 will continue to have an impact upon all furniture vendors in the State for additional delivery costs or cancellations that may result from failure to deliver furniture when promised. The Division believes that these costs are outweighed by the benefit to the consumer of knowing when furniture will be delivered and the terms of the contract.

Subchapter 9 will continue to have a beneficial impact on consumers by allowing them to compare, with reasonable assurance, the claims made in advertising. Businesses and other advertisers also gain the economic advantage of defined and uniform standards.

Subchapter 10 will continue to have a beneficial impact on consumers purchasing home appliances who will know to what warranties or repair services they are entitled. Home appliance dealers may incur a small cost in providing the purchaser with a written copy of the warranty and service contract information.

Subchapter 12 will continue to have an economic impact upon pet dealers by requiring timely veterinary examination(s). This expense may be mitigated in the long term by less frequent instances of post-sale veterinary treatments for which the dealer is liable. The economic impact of the rules benefits consumers who are protected against expenses incurred for treatment of a pet which has been certified unfit for purchase. Additionally, the consumer may return a pet for refund or exchange or keep the pet and be reimbursed for treatment for the animal.

Subchapter 13 will continue to positively impact consumers when a county or municipal consumer affairs agency successfully resolves a consumer complaint.

Subchapter 14 will continue to have a minimal economic impact on retail establishments and food store chains that must adhere to the subchapter's unit pricing rules. Since these establishments are relatively large scale operations, the cost of maintaining unit price information is minimal, especially in light of recent advances in and implementation of computerized checkouts, including scanner/laser technology. Consumers benefit economically by an enhanced ability to comparison shop and to make sound purchase decisions. Enhanced consumer confidence improves the shopping environment; certainty from defined standards, applicable throughout the industry, may well result in economic benefit and greater confidence for both the consumer and retailer.

Subchapter 15 has a limited economic impact upon retail establishments by requiring that they set forth a refund policy, if any, in writing and have it posted in designated locations.

Subchapter 16 has a beneficial impact on consumers by requiring written home improvement contracts that specify the work to be done and materials to be used. Prohibiting deceptive advertising practices will also benefit consumers. Reputable contractors will benefit from a more "level playing field." Contractors may incur minimal costs for having contract forms printed.

Subchapter 17 benefits consumers by reducing fraud and misrepresentation by home improvement contractors. More complaints against home improvement contractors are filed with the Division than for any other reason. Home improvement contractors are required to pay a registration fee and to carry a $ 500,000 commercial general liability insurance policy, but the costs are outweighed by the benefit to consumers who will know that the contractor has met the requirements for registration.

The Plain Language review provision in Subchapter 18 has a minimal economic impact in the form of a nominal fee to review each contact, but the Division believes that it is outweighed by the benefit to consumers from clear and simple contracts.

Subchapter 19 will have no adverse economic impact on the public since it merely sets forth the Division's rulemaking procedures. Consumers may benefit economically by identifying areas in which the Division may amend current rules or promulgate new rules. The only anticipated costs to the Division would be the administrative costs of handling the petitions, which would depend on the number and complexity of the petitions involved. It should be noted that the requirement that the Division process petitions is already mandated by N.J.S.A. 52:14B-4(f) and these rules merely reflect the requirement.

Subchapter 20 has an economic impact on ticket brokers who are required to pay registration fees and premiums to surety companies for bonds, to maintain a bona fide office and to keep complete records of all transactions. Consumers will benefit by being better situated to pursue refunds on cancellations except that consumers will be entitled to refunds on tickets specially ordered only if the ticket broker is able to find another purchaser for the tickets and on returned tickets only if they are returned within a time period specified by the rule. The Division believes that the public economic benefit significantly outweighs any economic burdens imposed on registered ticket brokers. Ticket brokers may benefit economically to the extent that the proposed amendment, reflecting the change in law, bases their permitted premiums on the sales of tickets on their cost of acquisition. They may also benefit from a greater choice of office location which could result in a savings.

Subchapter 21 benefits consumers who adhere to kosher dietary laws by giving them information to determine whether the products satisfy their requirements and has a negligible economic impact on dealers by requiring the return of a disclosure form that is supplied by the Division. The labeling requirements have been in effect for several decades and are accepted industry practices.

Subchapter 22 benefits consumers who adhere to halal dietary laws by giving them information to determine whether the products satisfy their requirements. The minimal costs of compliance with the disclosure and record keeping requirements are outweighed by the benefit to consumers. Subchapter 23 has a minimal economic impact on watercraft repair dealers by requiring written estimates for repairs and the posting of a consumer disclosure notice. Consumers benefit from the enhanced certainty as to the cost and the specific components of repairs and by having more information with which to make an informed choice of a repair dealer.

Subchapter 24 has a minimal economic impact on physicians and medical directors of licensed health related facilities, requiring them to report a toy related injury or death by phone and to follow up with a written report. The Division and businesses may incur administrative expenses. Retailers incur the expense of providing and affixing a safety statement to all new and used bicycles. However, the information collected will redound to the benefit of consumers. The registration fee provided for in Subchapter 25 will have a minimal impact on sellers of health club services. The biennial registration fee for health club facilities supports the Division's administrative and enforcement expenses in connection with health club registration and the Division believes it is reasonable as a business expense. The bonding requirement, if applicable, imposes a cost that is outweighed by protection for the public. The public benefits from protection against unscrupulous business practices.

Subchapter 26 has an economic impact on manufacturers of defective motor vehicles sold or leased in the State. Manufacturers are liable to replace or refund the purchase price for such vehicles, for legal and administrative costs in the resolution of disputes, and for compliance with the rules. Therefore, a manufacturer may have considerable staff costs related to Lemon Law disputes. Consumers benefit by having the defective vehicle repaired or replaced, or the purchase price refunded, at minimum cost to them.

Subchapter 26A has an economic impact on lessors and sellers of motor vehicles by requiring mandatory disclosures in advertisements and for recordkeeping expenses. Consumers will benefit economically from the promotion of fair dealing and the discouragement of deception and fraud in the advertisement of motor vehicles.

Subchapter 26B has an economic impact on dealers who must itemize pre-delivery and documentary services. Consumers have the option to decide whether to perform the services themselves, at no extra cost, or to pay the fee and have the dealer perform the services. The cost of compliance to motor vehicle dealers is modest.

Subchapter 26C will continue to have a minimal economic impact on automotive repair dealers to the extent of the cost of a disclosure notice and providing consumers with a written estimate for repair work. Consumers will benefit as the number of disputes concerning whether specified repairs were mutually agreed upon will be reduced.

Subchapter 26D has a minimal economic effect on tire distributors by requiring them to provide purchasers with a copy of the information required by Federal law to be forwarded to the manufacturer. Consumers are able to pursue a claim for economic loss when a tire is defective. Subchapter 26E will continue to have an economic impact on manufacturers of defective motorized wheelchairs sold, leased or rented in the State. Manufacturers are liable to replace or refund the purchase price of such wheelchairs and for legal and administrative costs in the resolution of disputes and for compliance with the rules. Therefore, a manufacturer may have considerable staff costs related to Lemon Law disputes. The notice requirements may also impose a minor cost. Consumers will benefit by having the defective motorized wheelchair repaired or replaced or the purchase price returned at minimum cost.

Subchapter 26F will continue to have an economic impact on the used motor vehicle industry in direct proportion to the number of vehicles sold in the State. Dealers are liable for the repair or replacement of or refund for such vehicles and for legal and administrative costs in the resolution of disputes and for compliance with the rules. Therefore, a manufacturer may have considerable staff costs related to Lemon Law disputes. Consumers will continue to realize a positive economic impact by the recovery for economic injury for a defective used motor vehicle at minimum cost by using the dispute resolution system. The proposed amendment providing for the annual remittance of the administrative fee benefits both the dealers and the Division by reducing the administrative burden for compliance.

Subchapter 27 has an economic impact upon licensed prescriber and healthcare facilities to the extent that prescribers and healthcare facilities are required to purchase NJPBs from approved vendors. In addition, licensed prescribers and healthcare facilities, as well as pharmacists and approved vendors, incur administrative costs associated with implementing the recordkeeping, reporting and security requirements imposed by the rules. However, the Division believes that any administrative expenses borne by such individuals and entities will be minimal, and that costs are outweighed by the benefits to consumers in ensuring that the production, storage and distribution of NJPBs are performed in a safe and secure manner.

Subchapter 28 has a positive economic impact on lessors because it will ensure the competitiveness of New Jersey leasing venues providing delivery of "spot" or instant lease deals.

Subchapter 29 has a beneficial economic impact on real estate licensees and the public. Licensees will incur costs from providing the property condition disclosure statement form but the public will benefit from the information in the property condition disclosure statement which will allow the purchaser of the property to make an informed decision on whether to purchase the property. Licensees will benefit from protection from punitive damages, attorneys fees, or both if they meet certain conditions.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption and the proposed amendments and repeal are not subject to any Federal standards or requirements.

Jobs Impact

The Division does not anticipate that the rules proposed for readoption and the proposed amendments and repeal will increase or decrease jobs in the State. However, Subchapter 17, Home Improvement Contractor Registration, may have an impact on jobs insofar as some people currently doing home improvement work may not meet the requirements for registration.

Agriculture Industry Impact

The rules proposed for readoption and the proposed amendments and repeal will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The rules proposed for readoption with amendments and repeal will not impose new reporting, recordkeeping or compliance requirements on small business, as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.

Subchapter 1 has no recording or recordkeeping requirements, but does contain compliance requirements concerning disclosure of business address and notices to consumers.

Subchapter 3, which applies equally to all entities that sell meat at retail, imposes no reporting or recordkeeping requirements but requires proper labeling and advertising of meat and poultry.

Subchapter 4 does not impose any recordkeeping, reporting or compliance requirements except to refrain from the manufacture, distribution or sale of any consumer product contrary to any order of the Consumer Product Safety Commission.

Subchapter 5 contains no recordkeeping or recording requirements but does contain several compliance requirements (see Summary above). It applies to all persons who sell household furniture under contracts for future delivery.

Subchapter 9 contains no reporting requirements. Recordkeeping requirements involve only the retention of documents or other written proof substantiating advertising claims, which must be made available for inspection. The rules impose minor compliance requirements involving the posting of advertisements on the business premises.

Subchapter 10 imposes no reporting or recordkeeping requirements but sellers of home appliances are required to supply the consumer with written warranty and service contract information.

Subchapter 12 requires that pet dealers keep animal histories and keep records of notices given to consumer who purchase animals advising of their rights. There are several compliance requirements which occur in the sale of animals and are discussed in the Summary above.

Subchapter 13 imposes no reporting, recordkeeping or compliance requirements.

Subchapter 14 does not apply to retail establishments with floor area of less than 4,000 square feet or whose combined annual gross receipts from the sale of consumer commodities is less than $ 2 million, which presumably excludes small businesses.

Subchapter 15 imposes no reporting or recordkeeping requirements but requires that every retail establishment that has a refund policy post that policy in a conspicuous place.

Subchapter 16 imposes no reporting or recordkeeping requirements. It requires that sellers of home improvement and contractors use written contracts and refrain from specified deceptive practices.

Subchapter 17 imposes registration requirements and registration fees on home improvement contractors and requires them to update the information provided in the application and disclosure statement. It also requires contractors to purchase commercial general liability insurance.

Subchapter 18 imposes no reporting or recordkeeping requirements. The only compliance requirement is for payment of the fee for discretionary contract review.

Subchapter 19 and proposed amendments impose no reporting or recordkeeping but contains compliance requirements for petitions for rulemaking. See Summary above.

Subchapter 20 and the proposed amendments contain numerous reporting and recordkeeping requirements relating to such matters as registration; ticket sales, deposits, and refunds and impose compliance requirements as to registration, maintenance of an office, ticket resale prices, refunds, advertising, and disclosures about service charges, seat location, cancellation, refund and guarantee policies.

Subchapter 21 requires that records be kept of meat and poultry purchases, that the names of persons certifying kosher be filed with the Division, and that kosher food be properly labeled.

Subchapter 22 requires that dealers selling food represented as halal report their sales practices to the Division on disclosure statements in the form of Appendices A, B, C, or D, as appropriate, and keep records of food purchased as halal.

Subchapter 23 contains no recordkeeping requirements but does require that watercraft repair dealers provide written estimates, or notations on invoices in the case of verbal authorization, for repair work and to post signs informing consumers of their right to an estimate.

Subchapter 24 requires physicians and medical directors to report toy-related injuries or deaths to the Division. It also requires dealers to maintain a record of receipt of toy recall notices. Businesses selling bicycles are required to affix a bicycle safety statement promoting the use of helmets on every new or used bicycle offered for sale.

Subchapter 25 imposes no reporting requirements but does impose recordkeeping and compliance requirements. Sellers of health club services must maintain records relating to the exemption from registration and for the maintenance of security deposits and must follow the registration procedure.

Subchapter 26 imposes no recordkeeping requirements but does impose reporting requirements on manufacturers concerning dispute resolution and requires that certain standards and notices be provided to consumers. See Summary above.

Subchapter 26A requires certain disclosures in advertising. It also requires that advertisers keep a record of sales of advertised motor vehicles. Lessors of new or used motor vehicles are required to maintain a toll-free telephone number that may be used by consumers to obtain information. See Summary above.

Subchapter 26B imposes no reporting or recordkeeping but imposes compliance requirements for itemized pre-delivery and notice requirements in sales contracts.

Subchapter 26C imposes no reporting or recordkeeping requirements. The subchapter contains compliance requirements regarding written repair estimates, replacement part guarantees and customer authorization.

Subchapter 26D imposes no reporting or recordkeeping requirements but requires tire dealers and distributors provide a purchaser with a copy of the information about the purchased tire that is furnished to the tire manufacturer pursuant to Federal regulations.

Subchapter 26E imposes no reporting or recordkeeping requirements but imposes compliance requirements relating to the manufacturer's warranty, the repair of defective motorized wheelchairs, dispute resolutions, notifications and appeals. It also requires that manufacturers advise the Lemon Law Unit about its informal dispute resolution procedure, if any.

Subchapter 26F requires that dealers report the number of used vehicles sold and to pay the administrative fee. The subchapter imposes compliance requirements with respect to the dealer's warranty of used motor vehicles, repairs of defective used motor vehicles and dispute resolution. Dealers who make an informal dispute resolution procedure available to consumers must advise the Division's Lemon Law unit. The proposed amendments make compliance easier in that dealers are required to remit the administrative fees annually instead of quarterly. Subchapter 27 requires that licensed prescribers issue written prescriptions only on New Jersey Prescription Blanks and maintain records concerning its prescription blanks. It also requires vendors to follow specific procedures for producing NJPBs and keep records of purchases. Subchapter 28 requires that lessors keep for the duration of the lease, copies of waivers of the right to review a motor vehicle lease 24 hours before signing and requirements regarding dispute resolutions, notifications and appeals.

Subchapter 29 imposes no reporting, recordkeeping or compliance requirements.

Costs of compliance are discussed in the Economic Impact above. The Division believes that no professional services are likely to be needed to comply with the rules proposed for readoption or the proposal amendments. The Division considers the rules proposed for readoption with amendments and repeal necessary to preserve the health, safety and welfare of public consumers, and, except for the rules on unit pricing in Subchapter 14, no differing compliance requirements based on size of the business have been provided in order to ensure uniformity in application of these protections.

Smart Growth Impact

The Division does not believe that the rules proposed for readoption or the proposed amendments and repeal will have any impact upon the achievement of smart growth or upon the implementation of the State Development and Redevelopment Plan.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:45A.

Full text of the proposed amendments and repeal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):

SUBCHAPTER 3. SALE OF MEAT AT RETAIL

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

(a) (No change.)

(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 [States Department of Agriculture for sale at retail outside the] State of New Jersey.

SUBCHAPTER 5. DELIVERY OF HOUSEHOLD FURNITURE AND FURNISHINGS

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

(a) (No change)

(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").

SUBCHAPTER 14. UNIT PRICING OF CONSUMER COMMODITIES IN RETAIL ESTABLISHMENTS

13:45A-14.12 [Extension of time to comply with these regulations] (Reserved)

[On timely written application made within 90 days after final adoption of this subchapter the director may grant additional time in which to comply with the regulations, providing good cause is shown for such an extension. In no event, however, shall an extension exceed 60 days.]

SUBCHAPTER 19. PETITION FOR RULEMAKING

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

(a) (No change.)

(b) With respect to a petition for a new rule or an amended rule, the petitioner shall include his or her name and address, the substance or nature of the request, the problem or purpose which is the subject of the request, the petitioner's interest in the request, the proposed text of the new rule or amended rule and the statutory authority under which the requested action may be taken.

(c)-(e) (No change.)

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

13:45A-20.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Resale" means a sale by a person other than the owner or operator of a place of entertainment or of the entertainment event or an agent of any such person.

"Resell" means to offer for resale or to consummate a resale.

["Ticket agent" means any person who is involved in the business of selling or reselling of admission to places of entertainment who charges a premium in excess of the price, plus taxes, printed on the tickets.]

"Ticket [reseller] broker" means any person situated and operating in this State who is involved in the business of reselling tickets of admission to places of entertainment and who charges a premium in excess of the price, plus taxes, printed on the tickets.

13:45A-20.2 [Licensure] Registration

(a) An application for [licensure] registration shall be on a form prescribed by the Director.

(b) An application for [licensure] registration shall not be approved unless the Director finds that the submitted application form is complete in all respects.

(c) An application for [licensure] registration shall be accompanied by a bond in due form made payable to the Division of Consumer Affairs, State of New Jersey in the sum of $ 10,000 with two or more sufficient sureties or an authorized surety company, which bond shall be approved by the Director.

1.-2. (No change.)

3. The [licensee] registrant shall file a new and additional bond in the sum of $ 10,000 [consistent with provisions of P.L. 1983, Chapters 135 and 220] within 30 days of the commencement of a suit to recover on the bond.

4. Any failure by the [licensee] registrant to file such a new and additional bond within such period shall constitute cause for the revocation of the [license] registration previously issued to the [licensee] registrant.

(d) The Director shall afford an applicant who has been rejected for [licensure] registration, an opportunity to be heard in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

1. (No change.)

(e) The Director may consider in determining whether or not to grant a [license] registration:

1.-2. (No change.)

13:45A-20.3 Fees: new or renewal [license] certificate of registration

(a) An application for a new or renewal [license,] certificate of registration shall be submitted on an application form obtained from the Director, fully executed and accompanied by a fee of $ 300.00 in the form of a money order or certified check made payable to the order of the State of New Jersey, Division of Consumer Affairs.

(b) (No change.)

(c) A request by a [licensee] registrant for a copy of the [license] certificate of registration issued for the purpose of display in a branch office shall be accompanied by a fee of $ 50.00.

(d) (No change.)

13:45A-20.4 Place of business

(a) A ticket [reseller] broker shall maintain a bona fide place of business.

1. (No change.)

(b) A ticket [reseller] broker shall not sell nor permit any employee, agent or servant to sell any ticket for a place of entertainment at any location other than those places of business licensed for the sale of tickets by the Director.

(c) A [licensee] registrant shall request the prior approval of the Director for any change in the business address.

(d) A [license] registration shall not be transferred [nor] or assigned.

1. A corporate [licensee] registrant shall notify the Director prior to any change in the ownership interest in the [licensed] registered business including but not limited to a transfer of 10 percent or more of stock interest held therein.

(e) A [licensee] registrant shall clearly and conspicuously post his license in each of his places of business.

13:45A-20.5 Sale or exchange

(a) A [licensee] registrant shall not sell or exchange any ticket for entry to a place of entertainment without first impressing his or her sale or exchange stamp clearly showing the [license] registration number issued by the Division on the reverse side of that portion of each ticket which is retained by the owner of the place of entertainment.

1. A ticket shall bear the stamp of every [licensee] registrant engaged in its sale or exchange.

(b) (No change.)

(c) A place of entertainment shall not sell or resell any ticket for entry to a place of entertainment unless the maximum premium, not to exceed 20 percent of the ticket price or $ 3.00 whichever is greater, plus taxes, at which a ticket may be resold, stating an exception for resales by registered ticket brokers or season ticket holders, shall be printed [either in a dollar amount or as a formula] on the face or back of any ticket. Where the maximum premium which may be charged for a ticket is printed on the back side of the ticket, the phrase "see reverse side" shall appear on the face of each ticket or ticket stock printed [after the effective date of the regulations].

(d) No person other than a registered ticket broker or season ticket holder shall resell or purchase with the intent to resell a ticket for admission to a place of entertainment at a maximum premium in excess of 20 percent of the ticket price or $ 3.00, whichever is greater, plus lawful taxes. No registered ticket broker or season ticket holder shall resell or purchase with the intent to resell a ticket for admission to a place of entertainment at a premium in excess of 50 percent of the price paid to acquire the ticket, plus lawful taxes.

(e) A purchaser of tickets who places a special order with a ticket broker for tickets that are not in stock or are obtained for a purchaser's specific need and are paid for in advance by the ticket broker, shall not be eligible to receive a refund for that purchase unless the ticket broker is able to find someone else to purchase the tickets and as long as the purchaser is notified in advance of this policy.

[(d)] (f) It shall be a prohibited practice for a ticket [reseller] broker as a condition of selling or exchanging a ticket for a particular entertainment event, to require a buyer to purchase other tickets.

[(e)] (g) It shall be a prohibited practice for a [licensee] registrant to accept or demand any other things of value in excess of the lawful purchase price of a ticket.

[(f)] (h) Any buyer who pays any monies towards the purchase of a ticket and fails to receive the promised ticket on the promised delivery date shall be given notification by the ticket [reseller] broker of the failure to deliver tickets and shall be given the option of receiving a full refund within 30 days or consenting to an extension of the delivery date.

[(g)] (i) A ticket [reseller] broker shall provide a buyer of a ticket with a receipt which specifies the date on which the tickets will be delivered to the buyer and the total purchase price for the tickets.

(j) No ticket broker shall engage in or continue in the business of reselling tickets for admission to a place of entertainment without meeting the following requirements:

1. Owning, operating or maintaining a permanent office, branch office, bureau, agency, or other place of business, not including a post office box, for the purpose of reselling tickets;

2. Obtaining a certificate of registration to resell or engage in the business of reselling tickets from the director;

3. Listing the ticket broker's registration number in any form of advertisement or solicitation in which tickets are being sold for the purpose of purchase by the general public for events in this State;

4. Maintaining records of ticket sales, deposits and refunds for a period of not less than two years from the time of any of these transactions;

5. Disclosing to the purchaser, by means of verbal description or a map, the location of the seats represented by the tickets;

6. Disclosing to the purchaser the cancellation policy of that broker;

7. Disclosing that a service charge is added by the ticket broker to the stated price on the tickets and is included by the broker in any advertisement or promotion for an event;

8. Disclosing to the purchaser, whenever applicable, that the ticket broker has a guarantee policy. If a ticket broker guarantees delivery of tickets to a purchaser and fails to deliver the tickets, the ticket broker shall provide a full refund for the cost of the tickets;

9. Disclosing to the purchaser of tickets when he is utilizing a tentative order policy, popularly known as a "try and get." When a ticket broker fails to obtain tickets on a "try and get" basis, the broker shall refund any deposit made by a purchaser of those tickets within seven business days after the event for which the tickets were sought;

10. When guaranteeing tickets in conjunction with providing a tour package, a ticket broker who fails to provide a purchaser with those tickets shall refund fully the price of the tour package and tickets; and

11. Providing to a purchaser of tickets who cancels an order a full refund for the cost of the tickets less shipping charges, if those tickets are returned to the broker within three days after receipt; provided, that when tickets are purchased within seven days of an event, a refund shall be given only if the tickets are returned within one day of receipt; and further provided, that no refund shall be given on any tickets purchased within six days of an event unless the ticket broker is able to resell the tickets.

13:45A-20.6 Records

(a) A ticket [reseller] broker shall keep full and accurate sets of records maintained in accordance with generally accepted accounting practices and principles.

(b) Records of a ticket [reseller] broker shall clearly set forth:

1. The prices at which all tickets have been bought and sold by the ticket [reseller] broker; and

2. The names and addresses of the persons from whom the ticket [reseller] broker purchased the tickets and to whom the ticket [reseller] broker sold the tickets.

(c) Records of a ticket [reseller] broker shall include sales invoice books.

1. (No change.)

2. The invoices used shall be in duplicate, the original of which shall be given to the purchaser and the duplicate kept by the ticket [reseller] broker in consecutive order.

3. The invoices used shall include the following information:

i.-iii. (No change.)

iv. Price of ticket(s) with ticket [reseller's] broker's premium recorded separately[.];

v.-viii. (No change)

(d) Records of a ticket [reseller] broker shall include a sales journal which reflects a record of daily sales.

(e) Records set forth in this subchapter shall be maintained for a period of at least two years and shall be made available for inspection by the Division at any reasonable time and upon reasonable notice.

13:45A-20.7 Advertising

(a) A ticket [reseller] broker shall not attempt in any advertising material, directly or indirectly, to include any statement or representation relating to a concert that has not been scheduled to occur on a particular date and at a specific place of entertainment.

(b) A [licensee] registrant shall clearly and conspicuously disclose his [license] registration number in any public advertisement or advertising material.

(c) Advertising for any event by a ticket [reseller] broker shall include the price charged by a place of entertainment for each ticket offered for sale but ticket prices are not required to be included in pamphlets, brochures or billboards prepared as a schedule of events prior to the time a ticket is offered for sale.

SUBCHAPTER 24. TOY AND BICYCLE SAFETY

13:45A-24.4 Bicycle safety notices

(a) [A] In addition to the notices required by SEQ CHAPTER h r 1N.J.S.A. 39:4-10.3 to be posted, a bicycle safety statement promoting the use of helmets shall be prominently affixed to every new or used bicycle offered to be sold or sold at retail by a person in the business of selling bicycles. The statement shall be attached to the seat, handlebar or, if in the form of a decal, to the top tube of the bicycle or, if unassembled, prominently printed on or firmly attached to the outside of the box or carton containing the unassembled bicycle.

(b) The statement may be in the form of the warning card, "This Bike is Missing One Part," designed by the New Jersey Coalition for Prevention of Developmental Disabilities, available from:

The New Jersey Coalition for Prevention of

Developmental Disabilities

985 Livingston Avenue

North Brunswick, New Jersey 08902

Tel. ([908]732) 246-2525

Alternatively, the statement promoting the use of bicycle helmets may be in the form of a tag, notice, or decal designed by the bicycle supplier or retailer, provided the wording is clear and concise, appears in no less than 20-point type if in the form of a tag or notice and no less than 18-point type if in the form of a decal, and is printed in boldface capital letters, in color contrasting with the background. The tag or notice shall be made of cardboard, durable paper or plastic, and shall be no smaller than four inches by six inches if in the form of a tag or notice and no less than one by two inches if in the form of a decal; it may be covered by transparent plastic but shall not be obscured.

(c) (No change.)

SUBCHAPTER 26. AUTOMOTIVE DISPUTE RESOLUTION

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

(a) (No change.)

(b) If a motor vehicle is returned to the manufacturer under the provisions of the Lemon Law or a similar statute of another state or as the result of a legal action or an informal dispute settlement procedure, the motor vehicle shall not be resold or released in New Jersey unless the following steps are taken:

1. (No change.)

2. Within 10 days of receipt of the vehicle, the manufacturer, its agent, or a dealer who accepts the vehicle shall submit a copy of the stamped document to the Special Title Section of the [Division of] Motor Vehicle Commission (MVC) to indicate that title to the vehicle shall be permanently branded.

3. The manufacturer shall provide to the dealer or lessor, and the dealer or lessor shall provide to the consumer prior to the resale or release of the motor vehicle a copy for the consumer's records of the following statement on a separate piece of paper, in 10-point boldface type:

NOTICE OF NONCONFORMITY

"IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER BECAUSE IT DID NOT CONFORM TO THE MANUFACTURER'S WARRANTY AND THE NONCONFORMITY WAS NOT CORRECTED WITHIN A REASONABLE TIME AS PROVIDED BY LAW."

(This notice is required under the New Jersey "Lemon Law", N.J.S.A. [56:12-1 et seq.] 56:12-29, for vehicles that have been replaced or repurchased by the manufacturer as the result of any one of the following: a court judgment, or a final decision pursuant to a hearing or settlement by the Office of Administrative Law, or an arbitration proceeding between the manufacturer or its agent and a consumer.)

4. (No change.)

5. The manufacturer, dealer or lessor shall notify the Special Title Section of the [Division of Motor Vehicles] MVC of the resale or release of the vehicle by requesting transfer of the branded title to the new owner or lessor, in writing.

(c)-(d) (No change.)

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

(a) To initiate a claim within the Division of Consumer Affairs Lemon Law Unit under the Lemon Law, written notification of the potential claim [must] shall be sent certified mail, return receipt requested, by or on behalf of a consumer, to the manufacturer of a nonconforming motor vehicle if either of the following occurs during the first 18,000 miles of operation or within 24 months after the date of original delivery, whichever is earlier:

1. (No change.)

2. The motor vehicle has been out of service by reason of repair for one or more nonconformities for [a cumulative total of] a minimum of 20 [or more] days since the original delivery of the motor vehicle, and a nonconformity continues to exist.

(b) The manufacturer [by law] has one more opportunity to repair or correct the nonconformity within 10 days following receipt of written notification from the consumer of a potential claim[;]. [if] If the nonconformity continues to exist after expiration of the 10-day time period and the manufacturer refuses to replace or refund the price of the vehicle, the [criteria necessary to] consumer may pursue a Lemon Law claim with the Lemon Law Unit. [have been met.

The consumer may then:

1. Refer the matter to the manufacturer for resolution through the manufacturer's informal dispute settlement procedure;

2. Refer the matter to the LLU for dispute resolution; or

3. File an action in the Superior Court. Any party to an action asserting a claim, counterclaim or defense based upon violations of the Lemon Law shall mail a copy of the initial or responsive pleading containing the claim, counterclaim or defense to the Attorney General within 10 days after filing the pleading with the court.]

(c) Nothing contained in this section shall preclude a consumer from alternatively filing an action in Superior Court.

13:45A-26.10 Notification and scheduling of hearings

(a) [Within 10 days after the effective date of this subchapter, each] Each manufacturer of motor vehicles sold or leased in New Jersey shall forward to the Division of Consumer Affairs, Lemon Law Unit (LLU), the name, address, and telephone number of the person designated by the manufacturer to receive notices under [this] the Lemon Law dispute resolution process. [It shall be the duty of the] The manufacturer [to] shall update this information, as necessary.

(b)-(e) (No change.)

(f) A copy of the application materials shall be sent by the LLU simultaneously with the notice of acceptance of the application, to the manufacturer's designee. Within 10 days of the receipt of the notice of acceptance of the consumer's application for dispute resolution, the manufacturer shall mail by certified mail, return receipt requested, to the consumer and to the Clerk of the Office of Administrative Law at [185] 33 Washington Street, Newark, New Jersey 07102, a response to each of the statements set forth in the consumer application.

(g) (No change.)

13:45A-26.12 Final decision

(a) (No change.)

(b) At the conclusion of the 15-day review period, the Director shall mail notification of the rejected, modified or adopted decision to both parties, the lien-holder, if any, the OAL, and, if the vehicle in question is to be returned to the manufacturer, the Special Title Section of the [DMV] MVC. The mailing to the manufacturer and consumer shall be by certified mail, return receipt requested. Within 45 days of receipt of the final decision, any party may file an appeal in the Appellate Division of the Superior Court.

(c)-(d) (No change.)

13:45A-26.14 Manufacturer's reporting requirements

(a) (No change.)

(b) Manufacturers who establish or participate in an informal dispute settlement procedure shall [within 30 days after the effective date of this subchapter]:

1.-2. (No change)

(c) On January 15 and July 15 of every year, the LLU shall mail a questionnaire by certified mail, return receipt requested, to every manufacturer on the roster compiled pursuant to (a) above, requesting the following information:

1.-4. (No change.)

5. The average number of days from the date of a consumer's initial request to use the manufacturer's informal dispute settlement procedure until the date of the decision and the average number of days from the date of the [design] decision to the date on which performance of the award was satisfied; and

6. A list of all motor vehicles and their Vehicle Identification Numbers stamped with "R--RETURNED TO MANUFACTURER UNDER LEMON LAW OR OTHER PROCEEDING," which have been reported to the [MRS] MVC Special Title Section during the previous six months.

(d) (No change.)

13:45A-26.15 Index of disputes

(a) (No change.)

(b) The [initial] index and statistical record of compliance shall be made available to the public [on July 1, 1990 and every six months thereafter].

SUBCHAPTER 26E MOTORIZED WHEELCHAIR DISPUTE RESOLUTION

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

(a) [By August 29, 1996, each] Each manufacturer of motorized wheelchairs sold or leased in New Jersey shall forward to the Division of Consumer Affairs, Wheelchair Lemon Law Unit, the name, address, telephone and telefax number of the person designated by the manufacturer to receive notices under this dispute resolution process. It shall be the duty of the manufacturer to update this information, as necessary.

(b)-(g) (No change)

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

(a) (No change.)

(b) Manufacturers who establish or participate in an in-house customer assistance mechanism, private arbitration, private buy-back program, or any other type of dispute resolution system shall[, by September 18, 1996]:

1.-2. (No change.)

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

(a) (No change.)

(b) The [initial] index and statistical record of compliance shall be made available to the public [on January 1, 1997 and every 12 months thereafter].

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

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

(a) Upon the sale of a used motor vehicle in the State of New Jersey, the dealer shall furnish the consumer with a written warranty which meets the requirements of (c) below, unless:

1. (No change.)

2. The used motor vehicle is [eight or more] over seven model years old;

3.-5. (No change.)

(b)-(e) (No change.)

13:45A-26F.6 Administrative fee

(a) At the time of sale a dealer shall collect an administrative fee of $ 0.50 from each consumer who purchases a used motor vehicle in the State of New Jersey [which transaction is subject to the Act and this subchapter, including a consumer who elects to waive the warranty pursuant to N.J.A.C. 13:45A-26F.4].

(b) [On] By the 15th of every January, [April, July and October,] a dealer shall mail to the Used Car Lemon Law Unit, the following:

1. A check or money order made payable to the "New Jersey Division of Consumer Affairs," in an amount equal to the total sum of administrative fees collected during the preceding [three-month period] calendar year; and

2. [Documentation of each used motor vehicle subject to the Act and this subchapter which was sold] A completed "Certification of Administrative Fees" form, which is appended to this subchapter as Appendix D, incorporated into this rule by reference, indicating the number of used cars sold each month by the dealer during the preceding [three-month period] calendar year.

(c) (No change.)

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

(a) (No change.)

(b) All correspondence to the Division of Consumer Affairs regarding Used Car Lemon Law matters shall be directed to the attention of the UCLL Unit as follows:

Division of Consumer Affairs

Used Car Lemon Law Unit

PO Box [45026] 45039

124 Halsey Street

Newark, New Jersey 07101[-5026]

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

(a) To be eligible to have a dispute resolved in one of the forums set forth in N.J.A.C. 13:45A-26F.7, a consumer shall provide the following items to the UCLL Unit by certified mail, return receipt requested:

1. A completed application for dispute resolution (see N.J.A.C. 13:45A- 26F.10) which can be obtained [form] from the UCLL Unit or the dealer; and

2. (No change.)

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

(a) [By February 11, 1999, used] Used motor vehicle dealers in New Jersey shall forward to the Division of Consumer Affairs, UCLL Unit, the name, address, telephone and telefax number of the person designated by the dealer to receive notices under the dispute resolution process. It shall be the duty of the dealer to update this information, as necessary.

(b)-(f) (No change.)

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

(a) Dealers who establish or participate in an informal dispute settlement procedure shall [by March 3, 1999]:

1.-2. (No change.)

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

(a) (No change.)

(b) The index and statistical record of compliance shall be made available to the public [on February 1, 2000 and every six months thereafter].

SUBCHAPTER 27. NEW JERSEY UNIFORM PRESCRIPTION BLANKS PROGRAM

13:45A-27.13 Renewal of approved vendor status

Vendors shall submit an application for renewal of approved vendor status, on a form supplied by the Division [, by September 19, 2004 and, thereafter, vendors shall apply for renewal of approved vendor status] on a triennial basis.



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