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RULE PROPOSAL
VOLUME 43, ISSUE 9
ISSUE DATE: MAY 2, 2011
Law and Public Safety
DIVISION OF CONSUMER AFFAIRS

Proposed Readoption with Amendments: N.J.A.C. 13:45A
Proposed Repeals: N.J.A.C. 13:45A-15 and 13:45A-22 Appendices A through D

ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS

Authorized By: Thomas Calcagni, Acting Director, Division of Consumer Affairs.
Authority: N.J.S.A. 45:14-57 and 56:8-1 et seq., specifically 56:8-4.
 [page=1131] Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2011-106.

Submit comments by July 1, 2011 to:
   Thomas Calcagni, Acting 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 March 21, 2011. As required by the Executive Order, the Division of Consumer Affairs (the Division) has reviewed these rules and generally determined the rules proposed for readoption to be necessary, reasonable and proper for the purpose for which they were originally promulgated. As the Division has filed the notice of readoption with the Office of Administrative Law (OAL) prior to March 21, 2011, the expiration date is extended 180 days to September 17, 2011, pursuant to N.J.S.A. 52:14B-5.1c. The Division proposes to readopt N.J.A.C. 13:45A with amendments and repeals. Among the amendments being proposed are amendments identified by the Division as appropriate to bring the rules into conformity with section 2 of Executive Order No. 2 (2010).

A summary of each rule 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."

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 (USDA). 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. 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 USDA grading terms may be used in labeling or advertising. N.J.A.C. 13:45A-3.8 states that the grading terms of the USDA 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 USDA 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 defines the term "consumer product" and 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. ßß2501 et seq., or that is illegal to possess or use in this State. N.J.A.C. 13:45A-4.1(c) makes it an unconscionable business practice to sell or solicit a sale from a resident of this State of a consumer product consisting of a motor vehicle that is not required to be registered whose possession or use in this State is subject to restrictions without disclosing the restrictions.

Subchapter 5 contains requirements for the delivery of household furniture and furnishings. N.J.A.C. 13:45A-5.1 contains rules 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. The Division proposes to amend this section to change the requirement that the written notice be "mailed" to say that it is required to be "provided" to permit the seller to provide the written notice by any means.

N.J.A.C. 13:45A-5.2 details requirements for delivery dates to be provided in the contract or sale document at the time it is entered into or issued. The Division proposes to amend this section to prohibit contracts with a pre-printed delivery date. 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. The Division proposes to amend subsection (c) to add "no refunds" as an example of terms that are contrary to the rule. N.J.A.C. 13:45A-5.4 states that violations of the subchapter are subject to sanctions under the Consumer Fraud Act.

Subchapter 6 requires Internet dating services that conduct criminal background screenings to make certain disclosures.

Subchapter 7 is reserved.

Subchapter 8 contains rules governing the issuance, sale and distribution of prepaid calling cards for resale to persons in this State. N.J.A.C. 13:45A-8.1 contains the scope of the subchapter. N.J.A.C. 13:45A-8.2 contains definitions of words and terms used in the subchapter. N.J.A.C. 13:45A-8.3 details required disclosures. N.J.A.C. 13:45A-8.4 sets forth certain prohibited practices. N.J.A.C. 13:45A-8.5 requires providers to maintain a toll-free customer service telephone number that must meet specified requirements. N.J.A.C. 13:45A-8.6 requires certain voice prompts. N.J.A.C. 13:45A-8.7 requires that advertised minutes and rates be available to the user of the card. N.J.A.C. 13:45A-8.8 concerns billing and rounding policies. N.J.A.C. 13:45A-8.9 contains recordkeeping requirements and specifies information that a provider must furnish to a consumer with whom it has a dispute. Other disclosures in connection with activation and recharging a card are required under N.J.A.C. 13:45A-8.10. N.J.A.C. 13:45A-8.11 through 8.13 concern expiration and maintenance or dormancy charges, required refunds and surcharges. N.J.A.C. 13:45A-8.14 requires a provider to maintain sufficient access numbers to accommodate a reasonably anticipated number of calls. N.J.A.C. 13:45A-8.15 states that violations of Subchapter 8 are subject to the sanctions contained in the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.

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. The Division proposes to amend the section to include definitions of "free trial" or "risk free trial" and "free-to-pay conversion." The Division also proposes to amend the definition of "advertisement" by deleting the word "catalog" after "price tag" and adding the word "catalog" after the word "periodical" because catalogs are an important means of advertising. N.J.A.C. 13:45A-9.2 sets forth specific advertising practices that are unlawful. The Division proposes to amend N.J.A.C. 13:45A-9.2(a)5 to require that permitted or required disclaimers be set forth in at least 10-point type and to add new N.J.A.C. 13:45A-9.2(a)13 to prohibit the advertising of no-obligation offers without stating the length of time the offer is without obligation or that terms and conditions apply. The Division believes that advertising using the terms "free trial" or "risk free trial" is misleading unless the advertisement also indicates that the trial is without risk only for a stated period of time or that terms and conditions apply.

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 [page=1132] 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 an advertiser 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. The Division proposes to amend the definition of "home appliance" to delete electric blankets as they are no longer considered appliances. 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. A proposed amendment to N.J.A.C. 13:45A-10.2(a)4 would delete the term "reconditioned" as applied to home appliances as they can be refurbished, but not reconditioned.

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.
N.J.S.A. 56:8-92 et seq. regulates the sale of animals by "pet shops." Subchapter 12 contains requirements for the sale of animals by pet dealers. Pet shops are a subset of pet dealers. The Division is proposing an amendment to the definition of "pet shop" in N.J.A.C. 13:45A-12.1 to make clearer the difference between pet dealers and pet shops.

The Division proposes to amend Subchapter 12 to change the liability of pet dealers throughout the subchapter from "an amount equal to" the purchase price to "two times" the purchase price to make it consistent with the liability of pet shops under N.J.S.A. 56:8-92 et seq.

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. The Division proposes to amend N.J.A.C. 13:45A-12.3(a)6iv to add a remedy for consumers if an animal dies within six months due to a congenital or hereditary cause, to make the rule consistent with the statute applicable to pet shops. The Division proposes to amend N.J.A.C. 13:45A-12.3(a)7 to increase from five to 14 days the time for a consumer to deliver a veterinary certificate of unfitness to a pet dealer. The Division proposes to add new N.J.A.C. 13:45A-12.3(a)8 to make clear that the deadlines for a consumer to obtain certifications of unfitness from a veterinarian do not apply if the consumer did not receive the required notice from the pet dealer.

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. The appendix to Subchapter 13 contains the form of subpoena referred to in N.J.A.C. 13:45A-13.6(a)6.

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 general provisions 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.

N.J.A.C. 13:45A-14.12 is reserved. N.J.A.C. 13:45A-14.13 sets forth the definition of "nonintentional 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. Because it is substantively identical to the Refund Policy Disclosure Act, N.J.S.A. 56:8-2.14 et seq., and does not provide any additional benefits or guidance to consumers or businesses, the Division proposes to repeal Subchapter 15.

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, changed the date for compliance with the registration requirements of the Contractors' Registration Act to December 31, 2005. The Division proposes to amend N.J.A.C. 13:45A-17.3(a) and 17.12(a) and (b) to delete the December 31, [page=1133] 2005 date for compliance, as this date has now passed. N.J.A.C. 13:45A-17.1 sets forth the purpose of the rule and to whom it applies. 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. The Division proposes to add new N.J.A.C. 13:45A-17.5(b) that would deem abandoned an application that is not completed within six months of the issuance of the first notice of deficiency or the date of the first request for additional information. The Division has had to keep open almost indefinitely the files of applicants who procrastinate and are not diligent in responding to deficiency notices and requests for information. The Division believes that six months is adequate time for an applicant to cure a deficiency or respond to a request for additional information.

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. The Division proposes to amend N.J.A.C. 13:45A-17.11(f) to eliminate the effective date of the rule, which has passed. 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(e) to add as possible action by the Director, a board, bureau or other agency within the Division, on a petition for rulemaking, to refer the matter for further deliberations, as well as to deny or act on a petition and to require that action be taken within 60 days of receiving the petition rather than 30 days. It is proposed to add N.J.A.C. 13:45A-19.1(f) to allow for an agreement between the petitioner and the Director, a board, bureau or other agency within the Division, to extend the period within which the Director, a board, bureau or other agency within the Division, must act on a petition for rulemaking by referring the matter for further deliberations or to initiate a rulemaking proceeding. It is also proposed to add as subsection (g), the provision that had been part of subsection (e), requiring that the agency give notice of action on the petition to the petitioner and the Office of Administrative Law within 60 days of taking the action. Subsection (f) also provides that an agreement to extend the period for further consultation or to initiate a rulemaking proceeding constitutes action on the petition requiring notice under subsection (g). The amendment to subsection (e) and the addition of subsections (f) and (g) are being proposed to make N.J.A.C. 13:45A-19.1 consistent with the rule of the Department of Law and Public Safety of which the Division is a part (N.J.A.C. 13:1D-1.3(c)) and with N.J.A.C. 1:30-4.2.

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. 2008, c. 55 (N.J.S.A. 56:8-26 et seq.). N.J.A.C. 13:45A-20.1 contains definitions of words and terms used in the subchapter. The Division proposes to amend the definition of "ticket broker" to exclude an individual who is not regularly engaged in the business of reselling tickets and who resells fewer than 30 tickets during any one-year period to conform to the statute. The Division also proposes to amend N.J.A.C. 13:45A-20.3, 20.4 and 20.5 to conform to N.J.S.A. 56:8-26 et seq., as discussed below.

N.J.A.C. 13:45A-20.2 details the procedure for registration. N.J.A.C. 13:45A-20.3 concerns the fees payable for new and renewal certificates of registration. The Division proposes to amend N.J.A.C. 13:45A-20.3(c) and (d) to refer to branch offices and business addresses in this State to conform to the definition of ticket broker in N.J.S.A. 56:8-26. 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. The Division proposes to amend N.J.A.C. 13:45A-20.4 to delete subsections (a) and (b) and recodify subsections (c) through (e) as subsections (a) through (c). The Division also proposes to amend recodified N.J.A.C. 13:45A-20.4(c) to substitute "certificate of registration" for "license," to accurately reflect the regulatory scheme and to limit the application of the subsection to a registrant's place of business in this State to conform to the statute.

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 by deleting subsections (a), which requires a registered broker to impress his or her sale or exchange stamp on every ticket sold or exchanged, and (c), which requires a place of entertainment to print the maximum resale premium on the ticket; and by adding a new subsection (c) to eliminate the limitation on the resale price of tickets resold through an Internet website. The Division also proposes amendments to recodified subsection (a), to require places of entertainment to print the price of a ticket on the face of each ticket and in advertising for an event; and the Division proposes new subsection (d), concerning a ticket broker's obligations with respect to orders for tickets not in stock, to conform to the statute. The provisions of existing subsection (e), recodified as (d), concerning special orders are deleted and replaced by provisions concerning a ticket broker's use of a "tentative order policy" or "try and get" to conform to changes made by P.L. 2008, c. 55.

N.J.A.C. 13:45A-20.6 contains record maintenance requirements for ticket brokers. 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. The Division is proposing to amend the definition of "wash letter" to reflect current industry practice and to make grammatical changes. Previously, poultry had been salted at the slaughter house. Under current practice a slaughterhouse will accede to a request that poultry not be salted. Amendments substituting "meat/poultry" for "meat" are being proposed to accommodate the change in practice. The Division proposes to delete the definitions of "plumba" and "Kosher brand" as the terms are no longer used in New Jersey. N.J.A.C. 13:45A-21.2 details disclosure requirements. The Division proposes to change "rabbinical supervision" to "kosher supervision" throughout the subchapter. Although supervision is usually performed by a rabbi or his designee, the proposed amendment requires identification of who provides supervision, without specifying who it must be. 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 kosher supervision. Subsection (c) details the disclosure requirements for a dealer selling food represented as kosher for Passover and for nursing homes, camps, caterers or other places providing food during Passover pursuant to a contract. The Division is proposing to amend N.J.A.C. 13:45A-21.2(c)2 to delete the word "summer" before the word "camps." There may be camps in session during Passover, which comes in the spring, but not summer camps. 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 kosher supervision." Subsection (h) details [page=1134] 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. The Division proposes to amend the present detailed labeling requirements in N.J.A.C. 13:45A-21.3(a) through (m). The labeling requirements proposed to be deleted reflect the practice in the kosher meat industry when regulations were first adopted. Many slaughterhouses operated in and around New Jersey. When these slaughterhouses closed, kosher slaughtering was performed in Western states. Substantially all kosher meat and poultry now comes into the State already soaked and salted and packaged. The proposed amendments are consistent with industry practice. Meat and poultry are still required to be identified, but need not bear identification marks or tags on every portion or cut. Subsections (a), (b), (d), (e), (f) and (g) are proposed to be amended to require basic information: under whose supervision the meat was slaughtered, where and when and whether it was soaked and salted. Meat and poultry not soaked and salted must be accompanied by a "wash letter" tracking the soaking dates of the meat.

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 kosher supervision and for any individual or organization providing kosher supervision. It also contains exemptions to the rules. N.J.A.C. 13:45A-21.5(c) requires that dealers notify the Division in writing of certain changes affecting kosher supervision. Accordingly, the Division proposes to amend N.J.A.C. 13:45A-21.5(a) to eliminate the annual filing requirement by dealers. The Division proposes to amend N.J.A.C. 13:45A-21.5(c) to require that notification of changes be made within 14 calendar days rather than seven business days to make it consistent with filing or notification requirements elsewhere in the subsection.

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 dealers representing food to be halal. 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. The Division proposes to add definitions for the terms "certified" and "halal certifying agency." These terms are an important aspect of the halal disclosures. The definitions are proposed to be added to inform owners and consumers what the function of certifying agency is. 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 into Subchapter 22. The Division proposes to repeal the appendices. The Division's experience indicates that it is difficult for certain businesses to complete the prescribed disclosure statements because many questions are not applicable. The Division proposes amendments to N.J.A.C. 13:45A-22.3 to eliminate references to prescribed disclosure statements, referring instead to disclosure forms provided by the Division. The Division proposes new subsection (h) to require individuals or entities who provide supervision to file annually with the Division a list of dealers they supervise.

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. It is proposed to amend N.J.A.C. 13:45A-22.10(a)7 to insert the words "halal certification" before the word "agency" as the term "halal certification agency" is now a defined term.

Subchapter 23 describes deceptive practices concerning watercraft repair.

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 applicable to physicians and medical directors for the reporting of toy-related injuries. 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. N.J.A.C. 13:45A-24.3 concerns recall notices for children's products. N.J.A.C. 13:45A-24.3(a) contains definitions of terms used in the section. N.J.A.C. 13:45A-24.3(b) contains rules 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. N.J.A.C. 13:45A-24.3(c) requires that dealers maintain a record of receipt of toy recall notices. N.J.A.C. 13:45A-24.3(d) states the obligations of a dealer to display notifications of defective or hazardous toys or other articles intended for use by children. N.J.A.C. 13:45A-24.3(e), (f) and (g) provide for the Director to maintain on the Division's website a list of children's products that have been identified as unsafe and to make copies of the list available to the public. The list on the website may consist of a direct link to the website of the Consumer Product Safety Commission. Under N.J.A.C. 13:45A-24.3(h), 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. Subsection (b) provides for the form that the statement may take, which may be the warning card designed by the New Jersey Coalition for Prevention of Developmental Disabilities or a form designed by the bicycle supplier or retailer if it conforms to the format specified in the subsection. Subsection (c) provides that a statement promoting the use of bicycle helmets that is contained in the owner's manual does not satisfy the notice requirement.

Subchapter 24A sets forth flame resistance standards for tents and sleeping bags. An amendment to N.J.A.C. 13:45A-24A.2(c) is proposed to update the telephone number of the Industrial Fabrics Association International Bookstore.

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, and this subchapter.

N.J.A.C. 13:45A-25.2 sets forth the procedures, requirements and fees for the issuance biennially of a certificate of registration. 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(e) contains the text of the notice to be provided by the Division to each registered facility and subsection (f) 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. Subsection (g) provides that a registration expires every two years.

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. The Division proposes to amend the section to add an additional ground for an exemption for a health club that sells contracts for more than three months but charges a fee only for one month at a time. The Division believes that the current bond requirements of N.J.S.A. 56:8-41 may impede the ability of small clubs to conduct business in the State. By [page=1135] permitting health clubs that collect one fee at a time to claim an exemption from the bond requirement will create more opportunities for smaller clubs to operate in the State. At the same time, the consumer is protected because the contract is voidable if the health club closes down for more than 30 days, limiting a consumer's maximum monetary loss to one month worth of membership fees.

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 concerns cancelation of health club contracts of members who relocate. The Division proposes to amend N.J.A.C. 13:45A-25.6(b) to make clearer that the subsection applies only when a member relocates and not when a health club closes. The Division proposes to amend N.J.A.C. 13:45A-25.6(c) to extend the amount of time for a health club to issue a refund to a consumer from 20 to 30 days to conform to N.J.S.A. 56:8-42. N.J.A.C. 13:45A-25.7 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, motor homes, authorized emergency vehicles and motorcycles. 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. It is proposed to amend the section to reflect changes in the law affected by P.L. 2009, c. 324, which extended lemon law coverage to authorized emergency vehicles. N.J.A.C. 13:45A-26.2 contains definitions of the words and terms used in the subchapter. The Division proposes to amend this section by adding definitions of, and redefining, terms that relate to authorized emergency vehicles. The definitions of the terms "manufacturer" and "dealer" are being proposed, so as to require the minimum amount of changes to Subchapter 26, particularly in N.J.A.C. 13:45A-26.3, which details notices to be given to consumers advising of their rights if they purchase or lease a motor vehicle that has a defect that substantially impairs its use, value or safety or that is likely to cause death or serious bodily injury if driven. Subsection (a) specifies the wording of the statement, in English and Spanish, required by N.J.S.A. 56:12-34 to be provided by the manufacturer at the time of purchase or lease of a motor vehicle, which includes what has to have occurred in order to create the presumption that the manufacturer or its dealer is unable to repair or correct the defect. The proposed amendments defining and redefining terms enables the Division to avoid making changes in the present wording of the statement, which was drafted with the participation of representatives of the regulated community, copies of which are usually printed in bulk.

N.J.A.C. 13:45A-26.3(b) requires that records be kept substantiating compliance with subsection (a). Subsection (c) 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. Subsection (d) 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 (e) 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, 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.

N.J.A.C. 13:45A-26.5 concerns the steps required to initiate a Lemon Law action with the Lemon Law Unit (LLU). N.J.A.C. 13:45A-26.5(a) sets forth the term of protection, the circumstances required to have occurred and the steps required to have been taken for a consumer to initiate a claim with the LLU. Subsection (b) acknowledges the possibility of filing an action in Superior Court. N.J.A.C. 13:45A-26.5(c) concerns claims involving motor homes and is proposed for amendment to include authorized emergency vehicles. N.J.A.C. 13:45A-26.5(d) provides for determining the number of examinations or repairs of motor homes when a consumer continues traveling rather than waiting for the initial examination or repair to be completed at the initial repair facility.

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. The Division proposes to amend N.J.A.C. 13:45A-26.6(a) to eliminate the necessity for consumers to send their application to the LLU by certified mail, return receipt requested. The Division does not believe that consumers should be required to spend the additional time and money to send the application by certified mail, since it does not affect eligibility.

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. The Division proposes to amend N.J.A.C. 13:45A-26.7(b)1 to reflect the change in law, affected by P.L. 2009, c. 128 (N.J.S.A. 56:12-33), which addressed nonconformities likely to cause death or serious bodily injury if the vehicle is driven. It is proposed to amend N.J.A.C. 13:45A-26.7(b)3 and 5 to conform to the statute reducing the number of examination or repair attempts when the nonconformity is likely to cause death or serious bodily injury if the vehicle is driven.

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 N.J.A.C. 13:45A-26.10(b) to permit hand delivery of the notice that the consumer's request for resolution has been accepted by the LLU. Similar amendments permitting hand delivery are being proposed for N.J.A.C. 13:45A-26.12(b) and 26.14(c). The Division believes that it may be less expensive in some instances to use a vendor to make hand delivery of certain documents than to send them by certified mail, return receipt requested. The Division is proposing amendments to N.J.A.C. 13:45A-26.10(f) to provide for a manufacturer to send its counter statement within 10 days after receiving the transmittal sheet from the Office of Administrative Law that indicates the judge assigned to the case and the address of the clerk in Newark, Trenton or Atlantic City to which the statement is to be sent.

N.J.A.C. 13:45A-26.11 details how a refund claimed by a consumer is to be computed. The Division proposes to amend N.J.A.C. 13:45A-26.11(a)3iv to clarify that the refund claimed by a consumer would include fees for expert witnesses as provided for in N.J.S.A. 56:12-42, not limited to fees for their reports. The present language providing for fees for "reports by expert witnesses" reflects neither the statute nor actual practice. Expert witnesses may charge a fee with or without a report. Proposed new N.J.A.C. 13:45A-26.11(c) provides for the computation of the refund in the case of an authorized emergency vehicle.

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. 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. Subsection (c) sets forth the information that is required on the questionnaire sent out to manufacturers twice yearly by the Lemon Law Unit. 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.

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. N.J.A.C. 13:45A-26A.2 states the types of advertising to which the [page=1136] subchapter applies. N.J.A.C. 13:45A-26A.3 contains definitions of words and terms used in the subchapter. The Division proposes to amend the definitions of "advertisement" and "period of publication." The proposed amendment to the definition of "advertisement" would include statements appearing in "an electronic medium or delivered to or through a computer." The amendment makes clear that advertising on websites, such as E-bay and Craigslist are subject to the rules of Subchapter 26A. The proposed amendment to the definition of "period of publication" makes clear that the time period is measured in calendar days.

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 content and format requirements for advertising new and used motor vehicles for lease. 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. ßß1231 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 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. N.J.A.C. 13:45A-26B.2 lists prohibited practices in connection with the sale of a motor vehicle, including the assessment of a pre-delivery service fee. N.J.A.C. 13:45A-26B.3 lists prohibited practices in connection with the sale of a motor vehicle, including assessment of a documentary service fee. N.J.A.C. 13:45A-26B.4 provides that a violation of the subchapter is a violation of the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.

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. The Division proposes to amend N.J.A.C. 13:45A-26C.1 to substitute "Motor Vehicle Commission" for "Division of Motor Vehicles" to reflect that all of the functions, powers and duties of the Division of Motor Vehicles were transferred to, and continued in the Motor Vehicle Commission, which was created by P.L. 2003, c. 13 (N.J.S.A. 39:2A-4). N.J.A.C. 13:45A-26C.2 delineates acts that are considered deceptive practices.

Subchapter 26D regulates sales practices of tire distributors and dealers. N.J.A.C. 13:45A-26D.1 contains general provisions, including definitions of words and terms in the subchapter and descriptions of who is a tire dealer. 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 WLLU is required to make available to the public and states where correspondence with the WLLU 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 Wheelchair Lemon Law dispute resolution program. The Division proposes to amend N.J.A.C. 13:45A-26E.6(a) to eliminate the necessity for consumers to send their application to the WLLU by certified mail, return receipt requested. 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 to the effect 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 sets out the procedure for notification and the scheduling of hearings. The Division proposes an amendment to N.J.A.C. 13:45A-26E.10(b) to permit hand delivery of the notice that the consumer's request for resolution has been accepted by the WLLU. The Division proposes amendments to N.J.A.C. 13:45A-26E.10(f) to provide for a manufacturer to send its counter statement within 10 days after receiving the transmittal sheet from OAL, rather than after receiving the notice of acceptance of the consumer's application for dispute resolution. The transmittal sheet from OAL indicates the judge assigned to the case and the address of the Clerk to which the statement is to be sent.

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. The Division proposes an amendment to N.J.A.C. 13:45A-26E.12(b) to permit hand delivery of the notice of the Director's decision to adopt, reject or modify the proposed decision of the administrative law judge. 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.

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. Subsection (b) details the duration of the required warranty and incorporates by reference the form of warranty appended to the rule as Subchapter 26F 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 Subchapter 26F Appendices B and C, respectively.

N.J.A.C. 13:45A-26F.5 sets forth the bond requirement. The Division proposes to amend N.J.A.C. 13:45A-26F.5 to substitute "Motor Vehicle Commission" for "Division of Motor Vehicles" to reflect that all of the functions, powers and duties of the Division of Motor Vehicles were transferred to, and continued in the Motor Vehicle Commission. N.J.A.C. 13:45A-26F.6 sets forth the administrative fee authorized by N.J.S.A. [page=1137] 56:8-80. 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 Appendix D contains the form for reporting the administrative fees collected during the preceding year.

N.J.A.C. 13:45A-26F.8 establishes the Used Car Lemon Law Unit (UCLL) in the Division of Consumer Affairs. 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 to amend N.J.A.C. 13:45A-26F.9(a) to eliminate the necessity for consumers to send their application to the ULLU by certified mail, return receipt requested and to eliminate the statement that a Used Car Lemon Law application can be obtained from the dealer. Dealers are not required to keep blank applications on hand. 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. The Division proposes to delete N.J.A.C. 13:45A-26F.10(a)5 to eliminate the requirement for consumers to provide proof of payment of the $ 50.00 deductible for each repair attempt. The Division does not need this information to process an application to the ULLU. The charge would generally appear on the repair invoice that the consumer is required to submit. 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. Subsection (b) provides for notification to the parties when the application is accepted. The Division proposes an amendment to N.J.A.C. 13:45A-26F.12(b) to permit hand delivery of the notice that the consumer's request for resolution has been accepted by the UCLL. 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. The Division proposes an amendment to N.J.A.C. 13:45A-26F.12(e) to provide for a dealer to send its counter statement within 10 days after receiving the transmittal sheet from OAL, which indicates the judge assigned to the case and the address of the Clerk to which the statement is to be sent. Subsection (f) provides for applications 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. N.J.A.C. 13:45A-26F.17 sets forth the requirement that the Division maintain an index of used motor vehicle disputes. 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 definitions 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 NJPBs 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) delineate the circumstances under which prescribers are exempt from the requirement to use NJPBs.

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, including the size, the paper, the background and required pre-printed information.

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 NJPBs 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 database 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.

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. The Division is proposing to amend the heading of N.J.A.C. 13:45A-28.8 to delete the words "credit check of lessee" as the section discusses only the lessee's right to review the contract.

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.

Subchapter 30 implements P.L. 2007, c. 166, which requires all warrantors of vehicle protection products sold or offered for sale in the State to be registered with the Division and to satisfy certain requirements prior to selling or offering to sell such warranties in New Jersey.

N.J.A.C. 13:45A-30.1 sets forth the purpose and scope of the subchapter. Vehicle protection product warranties are warranties on those products that are installed on, or applied to, a vehicle in order to prevent loss or damage to the vehicle or to facilitate the vehicle's recovery if it is stolen. N.J.A.C. 13:45A-30.2 provides definitions for relevant terms used throughout the subchapter. N.J.A.C. 13:45A-30.3 requires a person operating as a vehicle protection product warrantor in New Jersey to register with the Division and sets forth the registration process.

N.J.A.C. 13:45A-30.4 establishes requirements for vehicle protection product warranties sold or offered for sale in New Jersey, including warranty reimbursement insurance. N.J.A.C. 13:45A-30.5 establishes requirements for the warranty reimbursement insurance.

[page=1138] N.J.A.C. 13:45A-30.6 provides that a warranty administrator, if one has been designated by the warrantor, or any person who sells or solicits sales of vehicle protection products are exempt from the registration requirements of the rules. Vehicle protection product sellers, however, must ensure that a written copy of the warranty is made available to consumers prior to purchase of the warranty.

N.J.A.C. 13:45A-30.7 sets forth unlawful practices. N.J.A.C. 13:45A-30.8 provides that any violations of the rules will be deemed violations of the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. N.J.A.C. 13:45A-30.9 sets forth the fees that will be charged by the Division in connection with the registration of vehicle protection product warrantors. The initial registration fee and the registration renewal fee for warrantors is $ 1,000, as provided in the statute.

Subchapter 31, implementing the Predatory Towing Prevention Act, N.J.S.A. 56:13-1 et seq., regulates towing companies to prevent predatory practices in tows from private property and other non-consensual tows.

N.J.A.C. 13:45A-31.1 sets forth the purpose and scope of Subchapter 31. N.J.A.C. 13:45A-31.2 defines words and phrases used in Subchapter 31. The definitions clarify that any tows that are not initiated by the owner of the motor vehicle, including those arranged by law enforcement, are non-consensual tows.

N.J.A.C. 13:45A-31.3 requires towing companies to obtain specific levels of liability, garage keeper legal liability and "on-hook" coverage insurance. Insurance policies must be obtained from a company doing business in the State. N.J.A.C. 13:45A-31.4 sets forth the private property and other nonconsensual towing services for which towing companies may charge fees.

N.J.A.C. 13:45A-31.5 provides that a fee for private property towing or other non-consensual towing will be presumed to be unreasonable if it is more than 25 percent higher than the fee charged by the towing company for the same towing services performed with the consent of the owner or operator of a motor vehicle, or if it is more than 50 percent higher than the fee charged for such services by other towing companies in the municipality from which the vehicle was towed. A fee will also be presumed unreasonable if it exceeds the maximum amount allowed under an applicable municipal ordinance.

N.J.A.C. 13:45A-31.6 sets forth requirements that must be satisfied before a motor vehicle can be towed from private property. N.J.A.C. 13:45A-31.7 contains requirements for storage facilities of towing companies that engage in private property towing or other non-consensual towing. N.J.A.C. 13:45A-31.8 requires certain private property towing practices and prohibits others. N.J.A.C. 13:45A-31.9 establishes recordkeeping requirements for towing companies that engage in private property towing or other non-consensual towing. N.J.A.C. 13:45A-31.10 provides that a violation of any of the rules in Subchapter 31 is a violation of the Consumer Fraud Act.

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 amendments and repeals 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; that consumers are made aware of children's products as to which safety warnings or recalls have been issued; and that disclosure is made in advertising of products that are illegal to possess or use in New Jersey, or as to which a permit is required for use, or whose use is subject to restrictions.

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

Subchapter 6 benefits users of Internet dating services by requiring Internet dating services to make certain disclosures concerning their use or non-use of criminal background checks.

Subchapter 8 benefits users of prepaid calling cards by requiring certain disclosures concerning the use of the card, by prohibiting certain unfair practices and by ensuring that all advertised minutes or rates are available and achievable by users of the cards.

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 elimination of unfair competitive advantages 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 that 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 16 benefits consumers by requiring written contracts for home improvements and by proscribing certain deceptive practices.

Subchapter 17 benefits contractors by providing information about the process for applying for registration, which is necessary for contractors to obtain municipal permits. It will benefit consumers by enabling them to identify contractors who have registered, by requiring contractors to carry commercial general liability insurance in the amount of $ 500,000 and by ensuring that home improvement contracts will contain information about how to contact the Division.

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. Ticket resellers using the Internet will benefit from prices determined by supply and demand and consumers will benefit by being more easily able to purchase tickets in the secondary market.

Subchapter 21 benefits consumers of kosher products by giving them the necessary tools to make an informed decision whether products meet their standards of kosher.

Subchapter 22 benefits consumers of halal products by giving them the necessary tools to make an informed decision whether products meet their standards of halal.

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 that [page=1139] information about bicycle safety is brought to the attention of the public at the point of sale.

Subchapter 24A protects the health and safety of consumers by ensuring that tents and sleeping bags sold in this State meet minimum flammability standards.

Subchapter 25 benefits consumers by ensuring that sellers of health club services provide relevant data about ownership and operations to the Division and that contract provisions regarding cancellation of contracts between a health club and a relocating member are fair.

Subchapter 26 provides a relatively quick, effective and inexpensive way for consumers to redress grievances related to new motor vehicles that have nonconformities.

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 informed choices when purchasing or leasing a motor vehicle. Limiting deceptive sales and leasing practices benefits sellers and dealers, as well as consumers by promoting fair dealing among competitors.

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 27 benefits the public by standardizing prescription blanks, which minimizes errors. It also benefits pharmacists by enabling them to more easily identify a valid prescription, a goal that clearly benefits the public also.

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.

Subsection 30 benefits consumers by establishing requirements for vehicle protection product warranties, including reimbursement insurance.

Subsection 31 protects the public from predatory practices in connection with non-consensual towing and benefits towing companies by creating a "level playing field."

Economic Impact

The rules proposed for readoption and the proposed amendments and repeals to N.J.A.C. 13:45A generally will have a favorable economic 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 affecting their costs of doing business. The Division considers these expenses to be justified because of the benefits to consumers in receiving acceptable merchandise in a timely manner.

Subchapter 3 will continue to have a positive economic 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 or products that are illegal to own or use in the State or whose use is subject to restrictions. 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 costs of providing required notices, 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. Furniture vendors who have an inventory of forms with pre-printed dates may incur a cost for printing new forms without the pre-printed date.

Subchapter 6 continues to subject Internet dating services to costs for posting disclosures on their respective websites concerning criminal background screening. The subchapter does not require Internet dating services to undertake criminal background screenings; it imposes different disclosure requirements on those that do and those that do not.

Subchapter 8 will continue to have a positive economic impact on consumers because it ensures that advertised minutes and rates are available and achievable. Providers will continue to incur the costs of compliance, but the Division believes that the benefits to consumers outweigh the costs of compliance. Reputable providers will benefit because they will not be disadvantaged by unfair competition from unscrupulous providers who do not deliver what they promise.

Subchapter 9 will continue to have a beneficial impact on consumers by allowing them to compare, with reasonable assurance, the claims made in advertising. The proposed amendments will help ensure that consumers are not enticed by misleading advertisements. Businesses and other advertisers also gain the economic benefit of defined and uniform standards. Advertisers may incur additional advertising costs if, as a result of the amendments, advertisers need to purchase more advertising space.

Subchapter 10 will continue to have a beneficial impact on consumers purchasing home appliances who will know what warranties or repair services they are entitled to. 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 that 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. The proposed amendments increase pet dealers' maximum potential liability for certain fees and reimbursement to the same amount for which pet shops are liable under N.J.S.A. 56:8-92 et seq.

Subchapter 13 will continue to have an economic impact on contractors and consumers when a county or municipal consumer affairs agency successfully resolves a 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.

[page=1140] 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 are filed with the Division against home improvement contractors 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 provisions in Subchapter 18 have a minimal economic impact on those requesting review of their contracts in the form of a nominal fee to review each contract, but the Division believes that it is outweighed by the benefit to consumers from clear and more readable contracts.

Subchapter 19 will have no economic impact on the public since it merely sets forth the Division's rulemaking procedures. 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, premiums to surety companies for bonds and to keep complete records of all transactions. Consumers will benefit by being better situated to pursue refunds on cancellations. The Division believes that the public economic benefit significantly outweighs any economic burdens imposed on registered ticket brokers. Ticket resellers, other than brokers, will benefit from proposed amendments, reflecting changes in the statute (N.J.S.A. 56:8-33c), that eliminate the limitation on the resale price of tickets sold through the Internet. This may result in consumers paying more than the original price for tickets purchased in the resale market, but they may benefit because tickets may be more available at the higher prices. Ticket brokers are economically disadvantaged because they remain subject to limitations on the resale price of tickets.

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 proposed amendments will have a positive economic impact on dealers because the amended requirements reflect current industry practice, making it easier for businesses to comply.

Subchapter 22 benefits consumers who adhere to halal 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 minimal costs of compliance with the disclosure and recordkeeping 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 will continue to have a minimal economic impact on physicians and medical directors of licensed health related facilities, requiring them to report toy-related injuries or deaths by phone and to follow up with a written report. However, the information collected will redound to the benefit of consumers. Businesses may incur administrative expenses for posting notices about recalled products and maintaining records of recall notices. Retailers incur the expense of providing and affixing a safety statement to all new and used bicycles.

Subchapter 24 will have no economic impact. The flame resistance standards in the rules are national standards that have been followed by virtually every manufacturer and retailer.

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 it affords to the public. Proposed amendments making available an additional exemption from the security requirements and lengthening the time within which a health club is required to make refunds in respect of cancelled contracts afford an economic benefit to health clubs. 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.

The proposed amendment to N.J.A.C. 13:45A-26.11(a)3iv deleting the words "reports prepared by" will have no economic impact. The amendment is for clarification. N.J.S.A. 56:12-42 provides for "fees for expert witnesses." In practice, experts have charged a fee with or without a report.

As stated in the Summary above, the Division believes that the proposed amendments to N.J.A.C. 13:45A-26.10(b), 26.12(b) and 26.14(c) permitting the Division to have certain notices delivered by a vendor by hand, may be less expensive than sending them by certified mail, return receipt requested. Similar amendments are being proposed to N.J.A.C. 13:45A-26E.10(b) and 26F.12(b) The Division believes that any resulting costs or savings will not have an impact on the public.

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.

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, [page=1141] 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 whether to purchase the property. Licensees will benefit from protection from punitive damages, attorneys fees, or both if they meet certain conditions.

Subchapter 30 will continue to have an economic impact on warrantors of vehicle protection products. They are subject to registration and the payment of the registration fee. The rules, implementing the statute (N.J.S.A. 17:18-19 et seq.), also require them to pay premiums for reimbursement insurance backing the warranties. Consumers who purchase warranties for vehicle protection products will have security for the payment of amounts under the warranties.
Subchapter 31 continues to have a positive economic impact on consumers whose vehicles are subject to a nonconsensual tow.

Federal Standards Statement

The provisions of Subchapter 26D, governing tire distributors and dealers, are consistent with applicable Federal law (National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. ß1402) and regulations (49 CFR 574.8). None of the other rules proposed for readoption and the proposed amendments and repeals are subject to any Federal standards or requirements.

Jobs Impact

The Division does not anticipate that the rules proposed for readoption and the proposed amendments or repeals will increase or decrease jobs in the State.

Agriculture Industry Impact

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

Regulatory Flexibility Analysis

The rules in Chapter 45A proposed to be readopted and the proposed amendments and repeals, comprising the administrative rules of the Division of Consumer Affairs, apply to a wide variety of businesses many of which would be considered small businesses under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. (Act). Because of the variety of businesses affected by Chapter 45A, the Division cannot estimate their number. The following analysis applies to the businesses affected by the particular subchapter. Please refer to the Summary above for more detail related to the individual reporting, recordkeeping and/or compliance requirements discussed below.

Subchapter 1, which applies to mail order and catalog businesses, has no recording or recordkeeping requirements, but does contain compliance and disclosure requirements that apply equally to all entities regardless of size.

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

Subchapter 4 does not impose any recordkeeping or reporting requirements, but requires all businesses to refrain from the manufacture, distribution or sale of any consumer product contrary to any order of the Consumer Product Safety Commission and to make certain disclosures concerning products illegal to own or use in the State or whose use is subject to restrictions.

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

Subchapter 6, which applies to Internet dating services, contains disclosure requirements, but no requirements for reporting or recordkeeping.

Subchapter 8 applies to providers of prepaid calling service and providers and distributors of prepaid calling cards regardless of size. It contains standards, required notices and disclosures; prohibits certain practices; mandates that advertised minutes or rates be achievable; and requires that records of calls and samples of cards, packaging and advertisements be kept.

Subchapter 9 requires compliance with certain advertising practices but 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.

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. It contains prohibited practices and disclosure requirements in connection with the sale of animals. If an animal is unfit for purchase, the rules afford consumers remedies, which may include refund of the purchase price or reimbursement for veterinary fees.

Subchapter 13 imposes no reporting, recordkeeping or compliance requirements.

Subchapter 14 requires unit pricing disclosures. It does not apply to retail establishments that are small businesses having 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.

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 contains requirements with respect to contracts and advertising and requires contractors to purchase commercial general liability insurance.

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

Subchapter 19 imposes no reporting or recordkeeping requirements but contains compliance requirements for petitions for rulemaking.

Subchapter 20 applicable to resellers of tickets to places of entertainment, requires ticket brokers to register, post a bond and keep certain records. It also contains required disclosures and certain prohibited practices.

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. The proposed amendments will bring the rules more in line with current industry practice, and, in certain instances, N.J.A.C. 13:45A-21.3(g) for example, make compliance easier for business.

Subchapter 22 requires that dealers selling food represented as halal disclose their practices with respect to the food they handle that enables the food to be represented as halal. The Division is proposing amendments to the subchapter to eliminate the prescribed disclosure forms that had been Subchapter 22 Appendices A, B, C and D. The Division will provide forms that are more tailored to the particular business to make it easier for businesses, particularly small businesses, to comply.

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 toy manufacturers, distributors and dealers to notify the Division, as well as [page=1142] the U.S. Consumer Products Safety Commission about warnings and recalls of hazardous toys and 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 24A contains no reporting, recordkeeping or compliance requirements.

Subchapter 25 requires health clubs to register with the Division, pay a registration fee, and post a bond or other security. Certain health clubs may be exempt from the security requirement if its contracts are for periods of no more than three months or if it requires payment of the fee for only one month at a time. Subchapter 25 imposes no reporting requirements but does require that sellers of health club services maintain records relating to the security they have posted.

Subchapter 26 applies to manufacturers and lessors of motor vehicles and their dealers. It requires that certain notices be provided to consumers and requires that manufacturers and lessors participate in the dispute resolution system if, within the term of protection, a motor vehicle has a nonconformity that cannot be repaired. The Division is proposing amendments that define and redefine certain terms, so that the wording on forms of notice to consumers now in use does not change and the forms can continue to be used, rather than require businesses to print new forms and destroy supplies of the existing forms. A manufacturer or lessor may be required to refund a consumer's purchase price if the non-conformity cannot be repaired. The subchapter imposes no recordkeeping requirements but does impose reporting requirements on manufacturers concerning their informal dispute resolution procedures and statistical information about the results of the procedures.

Subchapter 26A requires certain disclosures in motor vehicle advertising and sets forth prohibited advertising practices. 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.

Subchapter 26B imposes no reporting or recordkeeping requirements, but imposes compliance requirements for itemized pre-delivery and documentary service fees 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 their informal dispute resolution procedure, if any.

Subchapter 26F requires that dealers selling used motor vehicles furnish purchasers with a written warranty in a prescribed form, except in limited circumstances. It also requires dealers to post a bond in favor of the State of New Jersey, and collect from each purchaser and remit to the Division's Lemon Law Unit an administrative fee. Dealers are required to report the number of used vehicles sold. The subchapter imposes compliance requirements with respect to 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.

Subchapter 27 contains specifications for printing New Jersey Prescription Blanks (NJPBs) and requires vendors to follow specific procedures for producing, securing and delivering NJPBs, to keep records and to report to the Division any theft, loss, damage, alteration or unauthorized use of NJPBs. The subchapter also requires that licensed prescribers issue written prescriptions only on NJPBs and maintain records concerning ordering, receipt, storage, maintenance and distribution of prescription blanks.

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 contains provisions insulating real estate brokers and sales people from punitive damages and attorney fees as a result of disseminating information conveyed to a buyer that was provided on the property disclosure form by the seller. The subchapter imposes no reporting, recordkeeping or compliance requirements.

Subchapter 30 applies to vehicle protection product warranties. It imposes registration requirements on issuers of the warranties, establishes content requirements for the warranties, and requires issuers to maintain reimbursement insurance.

Subchapter 31 applies to towing companies that engage in non-consensual towing from public and private property. It also contains requirements for private property owners who want to have unauthorized vehicles parked on their property towed. The subchapter imposes recordkeeping requirements on towing companies, but no reporting 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 proposed amendments. The Division considers the rules proposed for readoption with amendments 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 anticipate that the rules proposed for readoption with amendments and repeals will have any impact on the achievement of smart growth or implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Housing Affordability Impact

The rules proposed for readoption with amendments and repeals will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the rules concern the regulation of commercial practices for the benefit of consumers.

Smart Growth Development Impact

The rules proposed for readoption with amendments and repeals will have an insignificant impact on smart growth development and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the rules proposed for readoption and proposed amendments and repeals concern the regulation of commercial practices for the benefit of consumers.

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 rules proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:45A-15 and 13:45A-22 Appendices A through D.

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

SUBCHAPTER 5.    DELIVERY OF HOUSEHOLD FURNITURE AND FURNISHINGS

13:45A-5.1   Delivery practices; generally

(a) Any person who is engaged in the sale of household furniture for which contracts of sale or sale orders are used for merchandise ordered for future delivery shall:

1. (No change.)

2. Provide written notice to the consumer of the impossibility of meeting the promised delivery date. The notice shall offer the consumer the option to cancel said order with a prompt, full refund of any payments already made or to accept delivery at a specified later time. Said written notice shall be [mailed on or] provided prior to the delivery date.

[page=1143] (b)-(e) (No change.)

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"). The date for delivery shall not be pre-printed in the contract prior to the time the contract of sale is entered into by the parties or when the sales documents are issued.

13:45A-5.3   Contract form; delayed delivery

(a)-(b) (No change.)

(c) It shall be unlawful for any person to use any contract or sales agreement that contains any terms, such as "all sales final," [or] "no cancellations" or "no refunds," which violate or are contrary to the rights and responsibilities provided for by this rule. Any contract or sales agreement which contains such a provision shall be null and void and unenforceable.

SUBCHAPTER 9.    GENERAL ADVERTISING

13:45A-9.1   Definitions

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

"Advertisement" means any attempt by an advertiser, other than by use of a price tag[, catalog] or any offering for the sale of a motor vehicle subject to the requirements of N.J.A.C. 13:45A-26A, to directly or indirectly induce the purchase or rental of merchandise at retail, appearing in any newspaper, magazine, periodical, catalog, circular, in-store or out-of-store sign or other written matter placed before the consuming public, or in any radio broadcast, television broadcast, electronic medium or delivered to or through any computer.

. . .

"Free-to-pay conversion" means, in an offer or agreement to sell or provide any merchandise, a provision under which a consumer receives the merchandise for free for an initial period and will incur an obligation to pay for the merchandise if he or she does not take affirmative action to cancel before the end of that period.

"Free trial" or "risk free trial" means an offer or agreement to provide merchandise to a consumer for a period of time without any terms or conditions.

. . .

13:45A-9.2   General advertising practices

(a) Without limiting the application of N.J.S.A. 56:8-1 et seq., the following practices shall be unlawful with respect to all advertisements:

1.-4. (No change.)

5. The use of any type, size, location, lighting, illustration, graphic depiction or color resulting in the obscuring of any material fact. Disclaimers permitted or required under this section, such as "terms and conditions apply" and "quantities limited," shall be set forth in at least 10-point type.

6.-12. (No change.)

13. [(Reserved)] The advertising of a free-to-pay conversion as a "risk free trial," or a "free trial," or as any other offer that requires the consumer to do nothing other than accept merchandise or a service without any obligation, unless the advertisement clearly states the length of the period the offer is without obligation or that terms and conditions apply.

SUBCHAPTER 10.     SERVICING AND REPAIRING OF HOME APPLIANCES

13:45A-10.1   Definitions

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

"Home appliance" means any electrical, mechanical or thermal article produced or distributed for sale to a consumer for use in or around a permanent or temporary household or residence including, but not limited to, air conditioners, cameras, computers, dehumidifiers, dishwashers, dryers, [electric blankets,] electronic games, fans, freezers, motorized kitchen aids, ovens, radios, ranges, refrigerators, stereo equipment, television and washers.

. . .

13:45A-10.2   Required information

(a) Whenever a consumer purchases a home appliance, the home appliance dealer shall supply the consumer with a written copy of any information concerning:

1.-3. (No change.)

4. Whether the item being purchased is [reconditioned or] refurbished.

(b)-(c) (No change.)

SUBCHAPTER 12.     SALE OF ANIMALS

13:45A-12.1   Definitions

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

. . .

"Pet shop" means [the] a place of business [of] for selling, offering for sale or exposing for sale dogs or cats.

. . .

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

(a) Without limiting the prosecution of any other practices [which] that may be unlawful under N.J.S.A. 56:8-1 et seq., it shall be a deceptive practice for a pet dealer to sell animals within the State of New Jersey without complying with the following minimum standards relating to the health of animals and fitness for sale and purchase:

1.-5. (No change.)

6. If at any time within 14 days following the sale and delivery of an animal to a consumer, a licensed veterinarian certifies such animal to be unfit for purchase due to a non-congenital cause or condition or within six months certifies an animal to be unfit for purchase due to a congenital or hereditary cause or condition, a consumer shall have the right to elect one of the following options:

i. The right to return the animal and receive a refund of the purchase price, including sales tax, plus reimbursement of the veterinary fees incurred prior to the consumer's receipt of the veterinary certification. The pet dealer's liability for veterinary fees under this option shall not exceed [a dollar amount equal to] two times the purchase price, including sales tax, of the animal;

ii. The right to retain the animal and to receive reimbursement for veterinary fees incurred prior to the consumer's receipt of the veterinary certification, plus the future cost of veterinary fees to be incurred in curing or attempting to cure the animal. The pet dealer's liability under this option shall not exceed [a dollar amount equal to] two times the purchase price, including sales tax of the animal;

iii. The right to return the animal and to receive in exchange an animal of the consumer's choice, of equivalent value, plus reimbursement of veterinary fees incurred prior to the consumer's receipt of the veterinary certification. The pet dealer's liability for veterinary fees under this option shall not exceed [a dollar amount equal to] two times the purchase price, including sales tax, of the animal;

iv. In the event of the animal's death within 14 days of its delivery to the consumer due to a non-congenital cause or condition, or within six months after delivery to the consumer due to a congenital or hereditary cause or condition, except where death occurs by accident or injury sustained during [that] either period, the right to receive a full refund of the purchase price plus sales tax for the animal, or in exchange an animal of the consumer's choice of equivalent value, plus reimbursement of veterinary fees incurred prior to the death of the animal. The pet dealer's liability for veterinary fees under this option shall not exceed [a dollar amount equal to] two times the purchase price, including sales tax of the animal.

[page=1144] 7. The pet dealer shall accept receipt of a veterinary certification of unfitness [which] that has been delivered by the consumer within [five] 14 days following the consumer's receipt thereof, such certification to contain the following information:

i.-ix. (No change.)

8. It shall be the responsibility of the consumer to obtain the veterinary certification of unfitness within the required amount of time provided by (a)6 above, unless the pet dealer fails to provide the notice required by (a)11 below. If the pet dealer fails to provide the notice required by (a)11 below, the consumer shall be entitled to the recourse provided for in (a)6 above.

[8.] 9. When a consumer presents a veterinary certification of unfitness to the pet dealer, the pet dealer shall confirm the consumer's election in writing. The election shall be in the following form and a copy shall be given to the consumer upon signing:

UNFITNESS OF ANIMAL - ELECTION OF OPTION

I understand that, upon delivery of my veterinarian's certification of unfitness, I have the right to elect one of the following options. I am aware of those options and I understand each of them. I have chosen the following option:

[#8302] 1. Return of my animal and receipt of a refund of the purchase price, including sales tax for the animal, plus reimbursement of the veterinary fees incurred prior to the date I received my veterinarian's certification of unfitness. The reimbursement for veterinarian's fees shall not exceed [a dollar amount equal to] two times the purchase price including sales tax of my animal.

[#8302] 2. Retention of my animal and reimbursement for the veterinary fees incurred prior to the date I received my veterinarian's certification of unfitness, plus the future cost to be incurred in curing or attempting to cure my animal. The total reimbursement for veterinarian's fees shall not exceed [a dollar amount equal to] two times the purchase price including sales tax of my animal.

[#8302] 3. Return of my animal and receipt of an animal of my choice of equivalent value in exchange plus reimbursement of veterinary fees incurred prior to the date I received my veterinarian's certification of unfitness. The reimbursement for veterinarian's fees shall not exceed [a dollar amount equal to] two times the purchase price including sales tax of my animal.

[#8302] 4. DEATH OF ANIMAL ONLY. (check one) [#8302] Receipt of a full refund of the purchase price, including sales tax for the animal, or in exchange an animal of my choice of equivalent value plus reimbursement of the veterinary fees incurred prior to the death of the animal. The reimbursement for veterinarian's fees shall not exceed [a dollar amount equal to] two times the purchase price including the sales tax of the animal.

 

 

__________________________

___________________________

Consumer's Name

Consumer's Signature

(Print)

 

 

 

 

___________________________

 

Date

 

 

___________________________

___________________________

Pet Dealer's or Agent's Name

Pet Dealer's or Agent's

(Indicate Title or Position)

Signature

(Print)

 

 

___________________________

 

Date

 

 

 

[9.] 10. (No change in text.)

[10.] 11. A pet dealer shall give the following written notice to a consumer prior to the delivery of the animal. Such notice, signed by both the pet dealer and the consumer, shall be embodied in a separate document and shall state the following in 10 point boldface type:

KNOW YOUR RIGHTS--A STATEMENT OF

NEW JERSEY LAW GOVERNING THE

SALE OF DOGS AND CATS

The sale of dogs and cats is subject to a regulation of the New Jersey Division of Consumer Affairs. In the event that a licensed veterinarian certifies your animal to be unfit for purchase within 14 days following receipt of your animal or within six months in the case of a congenital or hereditary cause or condition, you may:

i. Return your animal and receive a refund of the purchase price including sales tax; or

ii. Keep your animal and attempt to cure it; or

iii. Return your animal and receive an animal of your choice of equivalent value.

Veterinary fees limited to two times the purchase price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the dealer in the event that you choose to keep the animal. If you choose to return the animal, veterinary fees incurred prior to receipt of the veterinary certification, limited to two times the purchaser price of the animal, including sales tax, which were related to the condition rendering the animal unfit for sale, must be paid by the dealer.

Further, in the event of your animal's death within this 14-day period, except when death occurs by accident or as a result of injuries sustained after delivery, you may choose to receive either a full refund of the purchase price, plus sales tax, or an animal of equivalent value. In addition, veterinary fees, limited to two times the purchase price, including sales tax must be paid by the pet dealer.

In order to exercise these rights, you must present to the pet dealer a written veterinary certification that the animal is unfit for purchase and an itemized bill of all veterinary fees incurred prior to your receipt of the certification. Both of these items must be presented no later than five days after you have received the certification of unfitness. In the event that the pet dealer wishes to contest the certification or the bill, he may request a hearing at the Division of Consumer Affairs. If the pet dealer does not contest the matter, he must make the refund or reimbursement not later than ten days after receiving the veterinary certification. Although your dog or cat is required to be examined by a licensed veterinarian prior to sale, symptoms of certain conditions may not appear until after sale. If your dog or cat appears ill, you should have it examined by a licensed veterinarian of your choice at the earliest possible time.

If the pet dealer has promised to register your animal or to provide the necessary papers and fails to do so within the 120 days following the date of sale, you are entitled to return the animal and receive a full refund of the purchase price plus sales tax or to keep the animal and receive a refund of 75 percent of the purchase price plus sales tax. In the event you elect to keep the animal and the dealer provides the 75 percent refund, the dealer is no longer obligated to register the animal or to provide the necessary papers to do so.

[11.] 12. A pet dealer shall maintain copies of all notices required pursuant to [(a)10] (a)11 above signed by both the pet dealer and the consumer, for at least one year from the date the notice was signed and shall ensure that such notices are readily available for inspection, upon request, by an authorized representative of the Division of Consumer Affairs.

[12.] 13. (No change in text.)

SUBCHAPTER 15.    (RESERVED)

SUBCHAPTER 17.     HOME IMPROVEMENT CONTRACTOR REGISTRATION

13:45A-17.3   Registration required

(a) [On or after December 31, 2005, unless] Unless exempt under N.J.A.C. 13:45A-17.4:

1.-2. (No change.)

(b)-(d) (No change.)

13:45A-17.5   Initial and renewal applications

(a) (No change.)

(b) An application that is not completed because of the applicant's failure to cure a deficiency or to comply with the Director's request for additional information within six months from the date of the first deficiency notice or the date of the first written request for additional information shall be deemed to have been abandoned.

Recodify existing (b) and (c) as (c) and (d) (No change in text.)

[page=1145] 13:45A-17.11             Ownership and use of registration number; replacement and duplicate certificates

(a)-(e) (No change.)

(f) [As of November 4, 2008, any] Any invoice, contract or correspondence given by a registrant to a consumer shall prominently contain the toll-free telephone number provided by the Division pursuant to (b) of N.J.S.A. 56:8-149 and shall be displayed in all caps in at least 10-point bold[-]face type as follows: FOR INFORMATION ABOUT CONTRACTORS AND THE CONTRACTORS' REGISTRATION ACT, CONTACT THE NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CONSUMER AFFAIRS AT 1-888-656-6225.

13:45A-17.12   Mandatory commercial general liability insurance

(a) [On or after December 31, 2005 every] Every registered home improvement contractor shall secure and maintain in full force and effect during the entire term of registration a commercial general liability insurance policy and shall file with the Director proof that such insurance is in full force and effect.

(b) The insurance policy required to be filed with the Director shall be a commercial general liability insurance policy, occurrence form, and shall provide a minimum coverage in the amount of $ 500,000 per occurrence. [On or after December 31, 2005, every] Every registered contractor engaged in home improvements whose commercial general liability insurance policy is canceled or nonrenewed shall submit to the [director] Director a copy of the certificate of commercial general liability insurance for a new or replacement policy, which meets the requirements of (a) above before the former policy is no longer effective.

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

SUBCHAPTER 19.     PETITION FOR RULEMAKING

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

(a)-(d) (No change.)

(e) Within [30] 60 days of receiving the petition, the Director or the board, bureau[,] or other agency located within the Division shall, pursuant to N.J.S.A. 52:14B-4(f)[, either deny the petition, giving a written statement of its reasons, or proceed to act on the petition, which action may include initiation of a formal rulemaking proceeding. The Director or the administrative head of the appropriate board, bureau, committee or other agency located within the Division shall advise the petitioner in writing of the response to the request and shall file with the Office of Administrative Law for publication in the New Jersey Register a notice of action on the petition pursuant to N.J.A.C. 1:30-3.6(b).]:

1. Deny the petition and provide a written statement of its reasons to the petitioner;

2. Grant the petition and initiate a rulemaking proceeding within 90 days of the granting of the petition; or

3. Refer the matter for further deliberations, which shall conclude within 90 days of referral, and either grant or deny the petition under (e)1 or 2 above.

(f) A specific period of more than 90 days for further deliberations under (e)3 above and/or to initiate a rulemaking proceeding under (e)2 above may be agreed upon, in writing, by the petitioner and the Director or the board, bureau or other agency located within the Division. An agreement to extend either period, or both periods, shall constitute an action on the petition subject to the notice requirements of (g) below.

(g) Within 60 days of receipt of a petition, the agency shall mail to the petitioner and submit to the Office of Administrative Law a notice of action on the petition in compliance with N.J.A.C. 1:30-4.2(d).

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:

. . .

"Ticket 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. For purposes of this subchapter, the term "ticket broker" shall not include an individual not regularly engaged in the business of reselling tickets, who resells less than 30 tickets during any one-year period, and who obtained the tickets for his or her own use, or the use of his or her family, friends or acquaintances.

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

(a)-(b) (No change.)

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

(d) A request for a change of business address in this State shall be accompanied by a fee of $ 10.00.

13:45A-20.4   Place of business

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

1. A bona fide place of business when used in this subsection shall include, but is not limited to, a place of business which provides reasonable access to the public.

(b) A ticket 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.]

Recodify existing (c)-(d) as (a)-(b) (No change in text.)

[(e)] (c) A registrant shall clearly and conspicuously post his [license] or her certificate of registration in each of his or her places of business in this State.

13:45A-20.5   Sale or exchange

[(a) A 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 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 registrant engaged in its sale or exchange.]

[(b)] (a) A place of entertainment or its agent shall [not sell or resell any ticket for entry to a place of entertainment unless there is printed on the face of each ticket] print on the face of each ticket and include in any advertising for any event the price charged therefor.

[(c) A place of entertainment shall not sell or resell any ticket for entry to a place of entertainment unless the 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 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.]

[(d)] (b) 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.]

(c) Notwithstanding the provisions of (b) above, nothing shall limit the price for the resale or purchase of a ticket for admission to a place of entertainment sold by any person other than a registered ticket broker, provided such resale or purchase is made through an Internet website.

[page=1146] (d) It shall be a prohibited practice for a ticket broker to fail to disclose to a purchaser of tickets when he or she is using a tentative order policy, or "try and get" or fail to refund any deposit made by a purchaser of those tickets within a reasonable time when the broker fails to obtain such tickets.

Recodify existing (f)-(j) as (e)-(i) (No change in text.)

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

13:45A-21.1   Definitions

. . .

["Kosher brand" means a branding symbol approved by the United States Department of Agriculture and used by slaughterhouses.]

. . .

["Plumba" means the seal commonly used in the kosher industry with the word "kosher" indicated either in English or Hebrew letters, and with certain letters, figures or emblems indicated that will positively identify such plumba with the particular slaughterhouse where the animal or poultry was slaughtered or processed.]

. . .

"Wash letter" means [the] a document stating the date of the slaughter and the times and dates the meat/poultry was [last washed] soaked in water. [All requisite information] Information must be [included] in English with Arabic numerals. It may also contain information in other languages. [When this information is not delineated on the attached tags, the wash letter] The document must accompany the meat/poultry until the meat/poultry is fully fabricated. When information presented in English with Arabic numerals conflicts with the information presented in other languages, the information presented in English with Arabic numerals shall be considered definitive.

. . .

13:45A-21.2   Disclosure requirements

(a) (No change.)

(b) A dealer representing itself as having [rabbinical] kosher supervision shall post in a location on its premises, readily visible to the consumer, the completed [rabbinical] kosher supervision disclosure statement provided by the Division.

(c) A dealer selling food represented as kosher for Passover shall post on its premises, in a location readily visible to the consumer, a completed Passover disclosure provided by the Division for that purpose. The disclosure must be posted at least 30 days before Passover and stay posted until the conclusion of Passover.

1. (No change.)

2. Nursing homes, [summer] camps, caterers or other places providing food during Passover pursuant to a contract shall provide the consumer or his or her legal representative with a copy of the disclosure prior to the signing of the contract. This requirement is in addition to the posted disclosure stated in (c) above.

(d) A dealer shall complete and return to the Division within 14 calendar days of receipt:

1. (No change.)

2. If representing to be under [rabbinical] kosher supervision, the copy of the disclosure form provided by the Division for that purpose; and

3. (No change.)

(e)-(f) (No change.)

(g) A dealer representing itself as being under [rabbinical] kosher supervision shall maintain a permanently bound logbook that shall include for each inspection visit of the [supervising rabbi or his representative] person or organization providing supervision, the signature and printed name of the person performing the inspection, date and time of arrival at the establishment. The logbook shall be maintained for a period of not less than two years after the final entry.

(h)-(i) (No change.)

13:45A-21.3   Labeling requirements

[(a) A dealer shall ensure that all meat and/or poultry slaughtered to be sold as kosher shall have affixed to it at the slaughterhouse a tag and/or plumba.

(b) The day of the slaughter, where required, shall be reelected by an incision of a Hebrew letter or an English letter, A through F, with Sunday being represented with the letter A. The identification shall be affixed as follows:

1. All forequarters of steers, cows, bulls, heifers, and yearling calves ("baby beef"), shall arrive at wholesalers and butchers with the following kosher identifications:

i. Breast, rib, plate, chuck, shoulder: a tag attached by a wire or plastic. Additionally, the rib-cage of each quarter shall indicate the day of slaughter;

ii. All hanging tenders, spleens, oxtails, hearts and intestines (kishka) shall be identified with a tag attached by a wire or plastic, or by the use of a rubber stamp. Skirt steaks (from the diaphragm) when disconnected at the packing house or deboning rooms shall be affixed with a tag attached by a wire or plastic legibly stamped with a stamp indicating the date of slaughter and kosher supervisor's name:

iii. Liver: two kosher brands, one on the liver's top portion, the other near the bottom. Additionally, a tag shall be attached to the white sinew on the liver's side, by a wire or plastic;

iv. Feet: a tag attached by a plumba-wire to each foot;

v. Breads: a tag attached by a plumba-wire to each pair;

vi. Brains: a tag attached by a plumba wire to each brain when sold separately from the head;

vii. Tongue: a tag attached by a wire or plastic, as well as a kosher brand; and

vii. Breastbone: incisions indicating day of slaughter;

2. All foresaddles of veal shall arrive at wholesalers and butchers with the following identification attached at the slaughterhouse:

i. Breast: incision on each breast indicating day of slaughter. In addition, each breast shall be affixed with a tag attached by a plumba wire;

ii. Rack: each rack shall bear an incision, in the rib cage area, indicating the day of the slaughter. If wholesalers, butchers or processors ship the rack separately, a tag shall be affixed by a wire or plastic to each rack;

iii. Liver: a kosher brand, plus a tag attached by a wire or plastic at the white sinew on the liver's side;

iv. Feet: a tag attached by a plumba wire;

v. Breads: a tag attached by a plumba wire to each pair; and

vi. Tongue: a tag attached by a wire or plastic, plus a kosher brand;

3. All foresaddles of lamb and mutton shall arrive at wholesalers and butchers with the following identification attached at the slaughterhouse;

i. Breast: incision on each breast indicating day of slaughter. In addition, each breast shall be affixed with a tag attached by a plumba wire;

ii. Rack: each rack shall bear an incision, in the ribcage area, indicating the day of slaughter. If wholesalers, butchers or processors ship the rack separately, a tag shall be affixed by a wire or plastic to each rack;

iii. Liver: a kosher brand, plus a tag attached by a wire or plastic at the white sinew on the liver's side; and

iv. Tongue: a tag attached by a wire or plastic, plus a kosher brand; and

4. Cheek-meat, ground (chopped) meat, shoulder clods, skirts, flanken, and other such meat that are piled or stored inside plastic bags or vacuum packed and thereafter shipped, shall have a tag placed inside the bag or container as well as a kosher stamp or tag attached to the package's exterior. If the items have not been salted, a tag indicating the last washing shall be included. Meat shipped as indicated in this paragraph shall not be contained in packages exceeding 10 pounds. Each brisket or plate shipped in "combos" shall be affixed with a tag.]

(a) All meat/poultry slaughtered to be sold as kosher shall be so identified at the slaughterhouse and, if applicable, by the wholesaler. The identification must include, at a minimum, the name of the person or organization sanctioning the slaughter and whether the meat/poultry was soaked and salted. Meat/poultry identified as not being soaked and salted must be accompanied by a wash letter. The wash letter must accompany the meat/poultry up to the time of final fabrication of the meat/poultry.

[page=1147] [(c)] (b) Portions of meat/poultry, [excluding poultry, having] that have been fabricated by [the] a wholesaler, [regardless of the size of the portion,] must have [a tag] kosher identification affixed to it. The [tag] identification shall bear the name and address of the wholesaler, [the name of the slaughterhouse from which the meat was purchased,] the name of the [authority sanctioning] person or organization that sanctioned the kosher slaughter, the date of the fabrication of the meat and whether the meat has been soaked and salted. If the meat/poultry was not soaked and salted the [tag must include the date and time of the last washing of the meat.] wholesaler must provide a copy of the wash letter. All identification must be affixed to portions or packages prior to release from the wholesaler's premises.

[(d) A document containing the information specified in (c) above may be substituted for the tag provided that the meat is identified with either a tag or a plumba.

(e) Except as provided in (f) below, all poultry sold as kosher must have plumbas affixed at the slaughterhouse, as follows:

1. Turkey necks: 10 pounds or less, in a bag securely closed with a plumba.

2. Chicken necks: five pounds or less, in a bag securely closed with a plumba.

3. Chicken and turkey livers: five pounds or less, in a bag securely closed with a plumba.

4. Chicken and turkey gizzards: five pounds or less, in a bag securely closed with a plumba.

5. Chicken wings: five pounds or less, in a bag securely closed with a plumba.

6. Turkey wings: 10 pounds or less, in a bag securely closed with a plumba.

7. Chicken and turkey thighs with back portion: five pounds or less, in a bag securely closed with a plumba.

8. Chicken and turkey legs: five pounds or less, in a bag securely closed with a plumba.

9. Chicken and turkey boneless breasts: five pounds or less, in a bag securely closed with a plumba.

10. Chicken and turkey breasts: five pounds or less, in a bag securely closed with a plumba.

11. Chicken and turkey boneless bottom meat: five pounds or less, in a bag securely closed with a plumba.

12. Chicken and turkey whole poultry: each piece shall have a plumba securely affixed to it.

(f) A poultry processor may apply to the Director for an exemption from the labeling requirements of (e) above based on volume sales to an individual entity. The Director retains discretion to approve alternate labeling requirements for such shipments.

(g) The slaughter and/or wholesaler of poultry and/or meat sold as kosher shall ensure that plumbas and/or tags are affixed and so remain, as stated in this section. Slaughterhouses and/or wholesalers who have sold meat and/or poultry not in compliance with this section shall not refuse to accept returned poultry and/or meat and must provide a refund for the returned item.]

[(h)] (c) (No change in text.)

[(i) A dealer shall not remove plumbas, tags or other marks of kosher identification affixed to meat and/or poultry at the slaughterhouse or by the wholesaler until immediately preceding the final fabrication of the product.]

[(j)] (d) A dealer shall not remove [the identifying] kosher [marks] identification of any food until immediately prior to the sale or use of the product.

[(k)] (e) A dealer who represents in its disclosure that it does not soak and salt its meat/poultry but washes it within every 72-hour period, shall disclose legibly on the wash letter provided by the slaughterhouse or wholesaler, the date and time of [the] day, A.M. or P.M., of each washing, and the name of the person performing the washing[, on all tags attached to the meat or shall write the information on a wash letter]. This applies to all meat/poultry sent from slaughterhouses, wholesalers, butcher shops[,] or any other place until the meat/poultry has been fully fabricated.

[(l)] (f) A dealer shall indicate the date of packaging on the label of [packaged raw meat, excluding poultry] meat/poultry that has not been soaked and salted.

[(m)] (g) A dealer shall ensure that packaged raw meat/poultry[, excluding poultry,] shall bear one of the following disclosures: "soaked and salted," "not soaked and salted" or "soaked and salted upon request [only]." The requirement of this subsection may also be fulfilled by placing a sign with that information in direct proximity of the meat/poultry.

13:45A-21.5   Filing requirements

(a) Every dealer shall file [annually] with the Director:

1. If the dealer is under [rabbinical] kosher supervision, a letter, in English, from a supervising [rabbi or rabbinical agency] individual or organization that the dealer is [rabbinically] supervised. The letter shall include the name and address of the person providing the certification, the date the letter was issued, the date it becomes effective, the date it expires, the name and address of the dealer receiving certification and the type of establishment certified;

2. In the case of products produced on behalf of another person, a letter, in English, from the [supervising rabbi or rabbinical agency] individual or organization that states the name and address of the person providing the certification, the date the letter was issued, the date it becomes effective, the date it expires, the name and address of the manufacturer receiving certification, the type of establishment certified[,] and, where applicable, the specific products and brands certified; or

3. If the establishment is not under [rabbinical] kosher supervision, a letter so stating.

(b) Any individual or organization giving [rabbinical] kosher supervision to any dealer located in New Jersey shall file annually with the director a document listing the name, address and type of each establishment that is supervised.

(c) Dealers required to file pursuant to this section shall provide written notification to the Director of any change related to [rabbinical] kosher supervision, represented status, address or ownership status within [seven business] 14 calendar days of such change.

(d) (No change.)

13:45A-21.7   Unlawful practices

(a) In addition to a violation of any other laws, the following shall constitute an unlawful practice under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.:

1.-5. (No change.)

6. By advertising an establishment as being under [rabbinical] kosher supervision without including in the advertisement the name of the supervising [rabbi] individual or agency;

7. By representing a food and/or an establishment as being under [rabbinical] kosher supervision when that food and/or establishment is not in conformance with the requirements of that supervision;

8. (No change.)

9. Use of the word(s) "kosher" or "pareve" or a kosher symbol insignia or the letter(s) "K,"[,] "KM," "KP" or "KD,"[,] on properly sealed packages that are not produced under [rabbinical] kosher supervision, shall bear the statement "not under [rabbinical] kosher supervision" in bold type on the label;

10.-19 (No change.)

SUBCHAPTER 22.     HALAL FOOD

13:45A-22.2   Definitions

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

. . .

"Certified" means guaranteed as meeting a standard and endorsed by a halal certifying agency.

. . .

"Halal certifying agency" means an independent third party, non-profit or a private entity, non-governmental agency or organization, which supervises a business, product or the production or preparation of food and attests it was in conformance with the [page=1148] standards of halal. Such agencies may endorse a business, product or food as halal by giving a halal symbol.

. . .

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

(a) A dealer selling food represented as halal shall request in writing from the Division the halal disclosure form(s) and halal disclosure statement(s) applicable to its business. When making a request, the dealer shall identify its business [type as a (or a combination of the following):] practices on a disclosure form statement provided by the Division.

[1. Slaughterhouse;

2. Retail establishment; or

3. Restaurant, nursing home, summer camp, caterer or other dealer who serves prepared food pursuant to a contract.]

(b) (No change.)

(c) A dealer selling food represented as halal shall complete and post, in a location on its premises readily visible to the consumer, the applicable halal disclosure statement provided by the Division. [as follows:

1. Slaughterhouses selling cattle, goats, sheep, and lambs represented as halal shall post the halal disclosure statement found at the end of this subchapter as Appendix A, which is incorporated into the rule by reference;

2. Slaughterhouses selling poultry represented as halal shall post the halal disclosure statement found at the end of this subchapter as Appendix B, which is incorporated into the rule by reference;

3. Retail establishments selling food represented as halal shall post the halal disclosure statement found at the end of this subchapter as Appendix C, which is incorporated into the rule by reference; and

4. Restaurants, nursing homes, summer camps, caterers or other dealers who serve prepared food pursuant to a contract that are serving food represented as halal shall post the halal disclosure statement found at the end of this subchapter as Appendix D, which is incorporated into the rule by reference.]

(d)-(g) (No change.)

(h) Any individual or entity giving halal supervision to any dealer in New Jersey shall file annually with the Director a document listing the name, address and type of each establishment that is supervised.

13:45A-22.10   Unlawful practices

(a) In addition to any violation of any other statutes or regulations, the following shall constitute an unlawful practice by a dealer under the Consumer Fraud Act, N.J.S.A. 56:8-1 et seq.:

1.-6. (No change.)

7. Use by any person of a recognized halal food symbol without first obtaining written authorization by the person or halal certification agency representing that symbol;

8.-12. (No change.)

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

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

(a)-(b) (No change.)

(c) Copies of CPAI-84 and CPAI-75 are available for purchase at the Industrial Fabrics Association International Bookstore: www.ifaibookstore.com or 1-800-[207-0729]225-4324.

SUBCHAPTER 25.     SELLERS OF HEALTH CLUB SERVICES

13:45A-25.4   Exemption from security requirement

A separate Declaration of Exemption from Security Requirement shall be filed for each facility claiming exemption from the bond/letter of credit/security requirement of N.J.S.A. 56:8-41 because its membership contracts are for a period of no longer than three months. An exemption from the security requirement shall also be available to a health club that sells contracts for more than three months if it charges a fee for only one month at a time and the contract states that it is voidable by the consumer if the health club closes for more than 30 consecutive days. When the Declaration of Exemption from Security Requirement is filed, it must be accompanied by a copy of a written contract as proof that the contract duration is for a period of no longer than three months. The Declaration of Exemption from Security Requirement shall be available upon request from the Health Club Coordinator, Office of Consumer Protection, Post Office Box 45025, Newark, NJ 07101.

13:45A-25.6   Health club contracts

(a) (No change.)

(b) A health club services contract subject to cancellation pursuant to N.J.S.A. 56:8-42g shall not be cancelled if, after receipt of a notice of cancellation from a member, which notice shall be sent or delivered to the originating health club's facility, the originating health club reaffirms the contract in writing to the member guarantying that there is an affiliated health club or clubs that will provide to that member the use of the same or similar services and facilities as the originating health club at no additional expense for the remaining term of the contract, giving the name and address of the affiliated club or clubs. This subsection is not applicable if the originating health club closes for a period longer than 30 consecutive days.

(c) If, during the remaining term of a health club services contract that is subject to cancellation but for (b) above, the services and facilities contracted for become unavailable from the affiliated health club without additional expense and the originating health club receives notice from the member to that effect, the originating health club shall refund to the member, within [20] 30 days of receipt of notice, the pro rata portion of the contract price paid to the originating health club that relates to the portion of the contract term for which the services and facilities are unavailable and the member shall have no further obligation under the contract.

(d) (No change.)

SUBCHAPTER 26.     AUTOMOTIVE DISPUTE RESOLUTION

13:45A-26.1   Purpose and scope

(a) The purpose of this subchapter is to implement the Lemon Law, P.L. 1988, [c.123] c. 123, by establishing an automotive dispute resolution system within the Division of Consumer Affairs in conjunction with the Office of Administrative Law. The subchapter also sets forth the method of refund computation, and details the reporting requirements and procedure for publication of compliance records of manufacturers of motor vehicles.

(b) This subchapter is applicable to:

1. All manufacturers of passenger automobiles, authorized emergency vehicles and motorcycles registered, sold or leased in the State of New Jersey;

2. All purchasers and lessees of passenger cars, authorized emergency vehicles and motorcycles registered, sold or leased in the State of New Jersey; and

3. (No change.)

13:45A-26.2   Definitions

As used in this subchapter, the following words shall have the following meanings:

"Co-manufacturer" means, solely with respect to an authorized emergency vehicle as defined in N.J.S.A. 39:1-1, any person that fabricates the authorized emergency vehicle utilizing a component or components of a new motor vehicle made by a manufacturer, other than modifying an existing standard model of a vehicle manufactured by a manufacturer, which component or components are obtained by the co-manufacturer from the manufacturer to fabricate the vehicle for use as an authorized emergency vehicle prior to an initial retail sale or lease of the emergency vehicle.

. . .

"Dealer" means the person or entity that purchases a motor vehicle from a manufacturer for sale to consumers and in the case of an authorized emergency vehicle, includes the distributor.

. . .

"Distributor" means a wholesaler or other supplier that sells emergency vehicles to fire and police departments, first aid or rescue squads and others who operate emergency vehicles in response to an emergency call.

. . .

[page=1149] "Manufacturer" means a person engaged in the business of manufacturing, assembling or distributing motor vehicles who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new motor vehicles and, in the case of an authorized emergency vehicle, unless the context indicates otherwise, includes a co-manufacturer or post-manufacturing modifier, if known.

"Motor vehicle" means a passenger automobile, authorized emergency vehicle or motorcycle as defined in N.J.S.A. 39:1-1, that is registered, sold or leased in the State of New Jersey, whether purchased, leased or repaired in the State or outside the State, except the living facilities of motor homes.

. . .

"Post-manufacturing modifier" means, solely with respect to an authorized emergency vehicle as defined in N.J.S.A. 39:1-1, any person who modifies the configuration of an existing standard model of a motor vehicle purchased from a manufacturer to adapt the vehicle for use as an authorized emergency vehicle prior to an initial retail sale or lease of the vehicle.

. . .

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

(a)-(b) (No change.)

(c) When a motor home or authorized emergency vehicle has been constructed by more than one manufacturer, an examination or repair attempt will not count towards the examination or repair attempts referred to in (a)1 above, if the repair facility is not authorized to provide services by the manufacturer, co-manufacturer or post-manufacturing modifier who constructed the nonconforming portion of the [motor home] vehicle.

(d) (No change.)

13:45A-26.6   Eligibility

(a) To be eligible for the Dispute Resolution System, a consumer must provide the following items to the LLU [by certified mail, return receipt requested]:

1.-2. (No change.)

(b)-(c) (No change.)

13:45A-26.7   Application

(a) (No change.)

(b) The application must contain a statement as to the following:

1. That the consumer believes the motor vehicle's use, market value or safety is substantially impaired by the nonconformity(s) complained of or that the nonconformity is a serious safety defect, which is likely to cause death or serious bodily injury if the vehicle is driven;

2. (No change.)

3. That within the term of protection the manufacturer, its agent or authorized dealer failed in at least two attempts, or in the case of a defect that is likely to cause death or serious bodily injury if the vehicle is driven, one attempt, to correct the same substantial defect, or the vehicle was out of service by reason of repair for at least 20 days;

4. (No change.)

5. That within the term of protection:

i. The consumer gave the manufacturer or its dealer at least three attempts, or in the case of a defect that is likely to cause death or serious bodily injury if the vehicle is driven, two attempts (including the post-notification attempt) to repair substantially the same nonconformity and the nonconformity continues to exist; or

ii. (No change.)

13:45A-26.10   Notification and scheduling of hearings

(a) (No change.)

(b) On the day that an application is accepted for resolution by the LLU, a notice shall be sent by hand delivery or certified mail, return receipt requested by the LLU to the consumer and manufacturer's designee. This notice shall indicate that the consumer's request for resolution has been accepted, and shall provide general information about the resolution process.

(c)-(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] receiving the transmittal sheet from the Office of Administrative Law indicating the judge assigned to the case, the manufacturer shall mail by certified mail, return receipt requested, to the consumer and to the Clerk of the Office of Administrative Law at [33 Washington Street, Newark, New Jersey 07102] the address stated on the transmittal sheet, a response to each of the statements set forth in the consumer application.

(g) (No change.)

13:45A-26.11   Computation of refund

(a) The refund claimed by a consumer pursuant to section 4(a) of the Lemon Law, whether through the Division of Consumer Affairs automotive dispute resolution system or a manufacturer's informal dispute resolution process, shall include:

1.-2. (No change.)

3. Other charges or fees, including, but not limited to:

i.-iii. (No change.)

iv. Reimbursement for reasonable attorney's fees, fees for [reports prepared by] expert witnesses[,] and costs.

(b) (No change.)

(c) In the case of an authorized emergency vehicle, the manufacturer, co-manufacturer or post-manufacturing modifier shall provide the consumer with a full refund of the purchase price of the original emergency vehicle, depending on the source of the nonconformity, including any stated credit or allowance for the consumer's used emergency vehicle, as well as any other charges or fees, including, but not limited to, sales tax, license and registration fees, reimbursement for towing and reimbursement for actual expenses incurred by the consumer for the rental of a substitute emergency vehicle, if applicable, for the period during which the consumer's emergency vehicle was out of service due to the nonconformity.

13:45A-26.12   Final decision

(a) (No change.)

(b) At the conclusion of the 15-day review period, the Director shall [mail] give 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 MVC. The [mailing] notification to the manufacturer and consumer shall be by hand delivery or 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)-(b) (No change.)

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

1.-6. (No change.)

(d) (No change.)

SUBCHAPTER 26A.     MOTOR VEHICLE ADVERTISING PRACTICES

13:45A-26A.3   Definitions

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

. . .

"Advertisement" means any advertisement as defined by N.J.S.A. 56:8-1(a) of any motor vehicle, including any statement appearing in a newspaper, periodical, pamphlet, circular[,] or other publication, paper, sign, [or] radio or television broadcast, electronic medium or delivered to or through any computer, which offers a motor vehicle for sale or lease at retail.

. . .

[page=1150]"Period of publication" means [the time period between 48 hours] two calendar days prior to the date of first publication of an advertisement and midnight of the third [business] calendar day following the date of final publication; in the case of a special offer, the period of publication shall extend until midnight of the date the special offer ends.

. . .

SUBCHAPTER 26C.     AUTOMOTIVE REPAIRS

13:45A-26C.1   Definitions

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

. . .

"Motor vehicle" means a passenger vehicle that is registered with the [Division of] Motor Vehicle[s] Commission of New Jersey or of any other comparable agency of any other jurisdiction, and all motorcycles, whether or not registered.

. . .

SUBCHAPTER 26E.     MOTORIZED WHEELCHAIR DISPUTE RESOLUTION

13:45A-26E.6   Eligibility

(a) To be eligible for the Dispute Resolution System, a consumer shall provide the following items to the WLLU [by certified mail, return receipt requested]:

1.-2. (No change.)

(b) (No change.)

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

(a) (No change.)

(b) On the day that an application is accepted for resolution, the WLLU shall send a notice by hand delivery or certified mail, return receipt requested to the consumer and the manufacturer's designee. This notice shall indicate that the consumer's request for resolution has been accepted and shall provide general information about the resolution process.

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

(f) A copy of the application materials shall be sent by the WLLU simultaneously with the notice of acceptance of the application, to the manufacturer or the manufacturer's designee. Within 10 days of [receipt of the notice of acceptance of the consumer's application for dispute resolution] receiving the transmittal sheet from the Office of Administrative Law indicating the judge assigned to the case, the manufacturer shall mail by certified mail, return receipt requested, to the consumer and to the [clerk] Clerk of the Office of Administrative Law at [185 Washington Street, Newark, New Jersey 07102] the address stated on the transmittal sheet, a response to each of the statements set forth in the consumer application. The response shall also state whether the manufacturer objects to a proceeding on the papers if requested by the consumer.

(g) (No change.)

13:45A-26E.12   Final decision

(a) (No change.)

(b) At the conclusion of the 15-day review period, the Director shall [mail] give notification of the rejected, modified or adopted decision to both parties, the lien-holder, if any, and the OAL. The [mailing] notification to the manufacturer and consumer shall be by hand delivery or 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.)

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

13:45A-26F.5   Bond requirement

To assure compliance with the requirements of N.J.S.A. 56:8-77 et seq., a dealer shall provide a bond in favor of the State of New Jersey in the amount of $ 10,000, executed by a surety company authorized to transact business in the State of New Jersey by the Department of Banking and Insurance and to be conditioned on the faithful performance of the provisions of N.J.S.A. 56:8-77 et seq. This bond shall be for the term of 12 months and shall be renewed at each expiration for a similar period. The [Director of the Division of] Commissioner of the Motor Vehicle[s] Commission shall not issue a dealer's license and shall not renew a license of any dealer who has not furnished proof of the existence of such bond.

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 from the UCLL Unit [or the dealer]; and

2. (No change.)

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

(a) The application for dispute resolution shall contain the following:

1.-4. (No change.)

[5. A photocopy of proof of payment of the $ 50.00 deductible by the consumer to the dealer for each repair of a covered item required by N.J.S.A. 56:8-70;]

Recodify existing 6. and 7. as 5. and 6. (No change in text.)

(b) (No change.)

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

(a) (No change.)

(b) Upon acceptance of an application, the UCLL Unit shall send a notice by hand delivery or certified mail, return receipt requested, to the consumer and the dealer's designee.

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

(e) Simultaneously with the notice of acceptance of the application, the UCLL Unit shall send a copy of the application materials to the dealer or the dealer's designee. Within 10 days of [receipt of the notice of acceptance of the consumer's application for dispute resolution] receiving the transmittal sheet from the Office of Administrative Law indicating the judge assigned to the case, the dealer shall mail by certified mail, return receipt requested, to the consumer at his or her address and to the Clerk of the Office of Administrative Law at [185 Washington Street, Newark, New Jersey 07102] the address stated on the transmittal sheet, a response to each of the statements set forth in the consumer application. The response shall also state whether the dealer objects to a proceeding on the papers if requested by the consumer.

SUBCHAPTER 28.     MOTOR VEHICLE LEASING

13:45A-28.8   [Credit check of lessee; right] Right to review contract

(a)-(d) (No change.)
   
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