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NJ Office of the Attorney General
Division of Consumer Affairs

NEW JERSEY REGISTER
VOLUME 36, NUMBER 13
TUESDAY, JULY 6, 2004
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
OFFICE OF WEIGHTS AND MEASURES
GENERAL COMMODITIES; WEIGHTS AND MEASURES

Proposed Readoption with Amendments: N.J.A.C. 13:47C

Authorized By: Louis E. Greenleaf, State Superintendent, Office of Weights and Measures.

Authority: N.J.S.A. 51:1-61.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2004-259.

Submit written comments by September 4, 2004 to:

Louis E. Greenleaf, State Superintendent
Office of Weights and Measures
1261 Routes 1 and 9 South
Avenel, New Jersey 07001

The agency proposal follows:

Summary

Pursuant to the provisions of N.J.S.A. 52:14B-5.1c, the rules at N.J.A.C. 13:47C will expire on November 30, 2004. As required by Executive Order No. 66 (1978), the Office of Weights and Measures (the Office) has reviewed these rules and determined them to be necessary, reasonable and proper for the purpose for which they were originally promulgated, that is, to protect New Jersey consumers with an accurate weight and measuring system for both foodstuffs and nonfoodstuffs.

A summary of each section and the proposed amendments follows (omitted sections are reserved):

N.J.A.C. 13:47C-1.1 defines the words and terms used in this chapter. Proposed amendments to this section clarify the terms "equipped dealer" and "unequipped dealer" to make them consistent with the corresponding statutory definitions at N.J.S.A. 51:4-23. In addition, proposed amendments consolidate definitions from N.J.A.C. 13:47C-6.1 into this section. Furthermore, a separate proposal published on February 17, 2004, in the New Jersey Register at 36 N.J.R. 916(a), if adopted, would amend this section to add the definitions for "dry tare," "unused dry tare" and "used dry tare."

N.J.A.C. 13:47C-2.1 provides that all meat, poultry, fish and/or shellfish sold in the State of New Jersey shall be sold on the basis of net weight only, except as provided for in the rule. Shellfish may be sold by weight, measure, and/or count, except that processed clams, mussels and oysters on the half- shell must be sold by net weight, excluding the weight of the shell; canned mussels, clams and oysters must be sold by net weight; fresh oysters, clams and mussels removed from the shell must be sold by liquid volume; whole clams, oysters mussels and crabs in the shell must be sold by weight, dry measure or count. When a distinctive food product is formed by combining meat, poultry, fish or seafood and another food element, the quantity may be represented in total weight, not for each separate element. Labels on ready-to-cook stuffed fish, seafood, poultry, or meat products must show the total weight of the product. A separate proposal published on February 17, 2004, in the New Jersey Register at 36 N.J.R. 916(a), if adopted, would amend this section to require the dry tare method of conducting net weight inspections of meat, poultry or fish.

N.J.A.C. 13:47C-2.2 requires that all cut-up poultry must be offered for sale or sold by net weight based on dissection of the wings, legs, drumsticks, oyster socket (ilium), the ischium and the meat, skin and bones. These requirements do not apply when the poultry is split down the back into halves or cut into quarters, provided, however, that all such portions are at all times properly labeled, advertised or otherwise described as such. A proposed amendment to this section would make a grammatical change.

N.J.A.C. 13:47C-2.3 requires that all dried fish, smoked fish and products thereof be sold by net weight. When packed in containers or wrappers, the net contents must be clearly and conspicuously marked; however, it is permissible to mark the tare weight alone along with a conspicuous statement on each wrapper or container to the effect that the retailer must weigh the package at the time of sale to the consumer in order to ascertain the actual net weight.

N.J.A.C. 13:47C-2.4 provides that all articles of food which are normally permitted to be sold by numerical count as an individual piece or unit when divided or portioned by any method whatsoever must have all such divisions or portions sold, exposed or offered for sale on the basis of net weight. These requirements apply when such articles of food in package form are removed and divided or portioned. However, these requirements do not apply when those items are portioned for consumption on the premises by restaurants, diners or similar eating establishments.

N.J.A.C. 13:47C-2.5 states that all articles of food shall be offered for sale or sold by net weight, measure or count except those items sold for, or intended to be sold for, consumption on the premises of the seller; items sold as one of three or more different elements, excluding condiments, comprising a ready-to-eat meal sold as a unit, for consumption elsewhere than on the premises where sold; ready-to-eat chicken parts cooked on the premises but not packaged in advance of sale; and sandwiches when offered or exposed for sale on the premises where packed or produced and not intended for resale.

N.J.A.C. 13:47C-2.6 requires that fresh meat roasts of any kind or cut shall be exposed, advertised, offered for sale or sold on the basis of net weight of the fresh meat only, and any fat or other extraneous material of any kind whatsoever, either wrapped around or wrapped within fresh meat or roast, shall be considered as tare weight only.

N.J.A.C. 13:47C-2.7 concerns the primal cuts of meats. This section requires that the sale of gross cuts or gross weight portions of meat to freezer plans in home freezer units will be construed as meeting the provisions of the chapter, but the provisions of N.J.A.C. 13:47K-4 (Marketing Requirements) implementing N.J.S.A. 51:1-29 do not apply except as specified in the rules. The rule also requires that delivery must be accompanied by an invoice guaranteeing the net weight. Additionally, the rule requires that the type, grade and gross weight of each wholesale cut as well as the percentage of the gross weight loss in processing be included on the invoice. Any container in which meat is delivered must be sealed, strapped or stapled. Substitutions or specific cuts not a part of the gross or wholesale cut shall be construed to be prepackaged food and must comply with N.J.A.C. 13:47K-4 (Marketing Requirements). Finally, upon request by the purchaser that the trim be included with the delivery, it shall be wrapped separately and a declaration of weight on the package is required.

N.J.A.C. 13:47C-3.1 applies to the sale of all wood, natural and processed, for use as fuel, at retail. The rule defines "representation" to mean any advertisement, offering, invoice or the like that pertains to the sale of fireplace or stove wood and may include a declaration of identity that includes the species group. Such a representation shall indicate, within 10 percent accuracy, the percentages of each group. Wood of any type for use as fuel shall be advertised, offered for sale and sold only by measures, using the term "cord" and fractional parts of a cord, except that wood, natural or processed, offered for sale in package form shall display the quantity in terms of cubic feet, including fractions of cubic feet; whole logs may be sold by net weight and cordwood, firewood, fireplace or stove wood may be sold or offered for sale or in package form by net weight plus count when each such individual package contains less than four cubic feet (32 cord). This section also prohibits certain terms from advertising or sale purposes, sets forth standards for delivery tickets or sale invoices and states that all cordwood, firewood, fireplace stove wood and whole logs will be subject to inspection, when in transit, at the time of deliver or at any reasonable time following delivery by any weights and measures officer pursuant to N.J.S.A. 51:1-88. A proposed amendment to subsection (e) makes a technical change to remove redundant language. A proposed amendment to paragraph (f)3 clarifies the requirement for sellers to keep voided delivery tickets on file as required by statute, N.J.S.A. 51:4-28. Furthermore, a proposed amendment to subsection (g) make a grammatical change.

N.J.A.C. 13:47C-3.2 requires that all decorating materials intended for use during the holiday season and constituting various forms of natural vegetation normally made or manufactured into rope form, such as laurel rope and robinhood rope, and distributed in bundles, shall be offered for sale or sold on the basis of linear measurement only. Additionally, a tag must be affixed to each bundle that is plain and conspicuous with the name and address of the maker along with a declaration of the quality of the contents.

N.J.A.C. 13:47C-3.3 requires that all wiping materials be sold by net weight, and when put up in bales, cartons or other containers, the net quantity of the contents in terms of net weight must be plainly and conspicuously marked on the outside of the package together with the name and address of the packer or distributor.

N.J.A.C. 13:47C-3.4 provides that no dealer may expose or offer for sale, by the use of any means of advertising, any building materials to consumers in the State of New Jersey unless certain requirements are met regarding the building materials, preservatives and exposure conditions and the advertising is in compliance with standards of the United States Department of Commerce. A proposed amendment would delete subsection (c) in its entirety as a result of the United States Federal Trade Commission eliminating its "Guides For The Decorative Paneling Industry" which is referenced in this section.

N.J.A.C. 13:47C-3.5 provides penalties for noncompliance with the chapter. Any violation of the rules, except for violations of N.J.A.C. 13:47C-3.4, will be subject to a fine of not less than $100.00. A violation of N.J.A.C. 13:47C-3.4 will be subject to a fine of not less than $50.00 and not more than $100.00 for the first offense, not less than $100.00 and not more than $250.00 for the second offense, and not less than $250.00 and not more than $500.00 for each subsequent offense. A proposed technical amendment would reflect the proposed amendment to N.J.A.C. 13:47C-3.4 which is referenced in this section.

N.J.A.C. 13:47C-3.6 provides that all preservatives, commodities, analysis methods, miscellaneous standards, conversion factors and correction tables for treated lumber contained in the "Book of Standards" published by the American Wood Preservers Association, together with all amendments and supplements are adopted by reference. Additionally, the section provides for standards for treated lumber considered building materials, hardwoods and lumber treated for "Above ground use only." A proposed amendment to subsection (a) makes a technical change to update the mailing address of the American Wood Preservers Association. A proposed amendment to subsection (c) makes a technical change to provide the mailing address of the National Hardwood Lumber Association which is referenced in this subsection.

Proposed amendments to N.J.A.C. 13:47C-6.1 would delete definitions used in this subchapter that are being added to the definition section, N.J.A.C. 13:47C-1.1, where it is more appropriate to have all definitions used in the chapter. In addition, proposed amendments to this section make technical changes to clarify that the language of this section is in keeping with the statutory provisions of N.J.S.A. 51:6A-1. This section requires transient buyers of precious metals to file a surety bond in an amount no less than $5,000 for the purpose of compensating any person injured by the wrongful act, default, fraud or misrepresentation of the transient buyer. The transient buyer's bond cannot be cancelled for any cause unless a Notice of Intention is filed at least 30 days before the requested cancellation date with the State Superintendent. The bond must contain such a provision.

N.J.A.C. 13:47C-6.2 provides that after a notice of intention to withdraw from the State is filed by a transient buyer of precious metals with the State Superintendent, the transient buyer is prohibited from making any additional purchases of precious metals in the State. A proposed technical amendment would add language to this section stating that no monies or securities can be withdrawn from the State Superintendent unless a Notice of Intention is given to the State Superintendent at least 30 days before the withdrawal. This language is presently contained in N.J.A.C. 13:47C-6.1 in the definition of notice of withdrawal and is proposed to be moved to this section where it is more appropriate.

N.J.A.C. 13:47C-6.3 sets forth the requirements for the filing of claims against a transient buyer.

The State Superintendent has determined that the comment period for his proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this proposal is excepted from the rulemaking calendar requirement.

Social Impact

The proposed readoption with amendments of N.J.A.C. 13:47C will continue to provide the buyers and sellers of general retail commodities such as food, firewood and building materials with uniform standards by which the commercial transactions are regulated. The impact of these rules upon the public has been a positive one for both consumers and merchants in that consumers are protected from unscrupulous commercial dealings and practices and merchants are uniformly advised of their responsibilities in the marketplace. The rules provide the consumer information necessary to make selections of consumer commodities on the basis of value comparisons. The Office functions as a third-party control of methods used in the selling and purchasing of general commodities between consumers and merchants in order to protect the public.

Economic Impact

The Office does not anticipate any new or additional economic impact on business owners or consumers as a result of the readoption of the existing rules. No additional cost to the regulatory agencies, which include approximately 140 State, county and municipal weights and measures officers who now inspect and regulate these commodities, is expected in their day-to-day operations.

Existing businesses which are subject to the rules encounter costs in complying with the rules in that they must maintain scales to accurately weigh the commodities pursuant to the requirements of the chapter. New businesses which wish to engage in the selling of commodities will have to purchase and use weighing devices to determine the accurate weight of the commodities so that the consumers are able to make a value comparison. The costs of purchasing and using the scales will vary depending upon the size of the new business enterprise. However, any such costs are far exceeded by the benefits to the consumers in that a standard is provided for the buyers and sellers of commodities. Additionally, the operating procedures for these businesses must ensure that all articles of food are offered for sale by net weight, measure or count; must include information in advertisements for building materials that states the size of untreated building material and the size, grade, species, and preservative used in treatment, the amount of preservative expressed as pound per cubic foot and maximum or worst exposure conditions to which the treated wood should be subjected; and ensure that treated lumber sold, sold and delivered, offered or advertised for sale that is not for landscaping or gardening purposes bears legible treatment marks that contain the amount of retention of preservative in the treated lumber expressed as pound(s) per cubic foot. Finally, transient buyers of precious metals will incur expense in obtaining a bond executed by a surety company as required by N.J.A.C. 13:47C-6.1.

By readoption of these rules, consumers will continue to be protected in their purchase of foodstuffs, fuels, building materials and precious metals, the benefits to the consuming public in savings from the prevention of overcharges and the maintenance of a uniform system of buying and selling of commodities far outweigh the burden of any regulatory costs which these rules may impose.

Federal Standards Statement

A Federal standards analysis is not required because the rules proposed for readoption with amendments are governed by N.J.S.A. 51:1-61. Although the rules are not subject to any mandated Federal requirements or standards, the Office has voluntarily adopted by reference the standards developed by the National Institute of Standards and Technology (NIST) Handbook 44 for weighing and measuring devices in the State of New Jersey.

Jobs Impact

The rules proposed for readoption with amendments will not result in the generation or loss of jobs in New Jersey.

Agriculture Industry Impact

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

Regulatory Flexibility Analysis

The Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., requires an agency to give a description of the types and an estimate of the number of small businesses to which the rules proposed for readoption will apply. If, for the purposes of the Act, any of the approximately 40,000 businesses to which these rules apply are small businesses, then the following analysis applies:

The Act requires the Office to set forth the reporting, recordkeeping, and other compliance requirements of the rules including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Office to estimate the initial and annual compliance costs, to outline the manner in which it has designated the rules to minimize any adverse economic impact upon small businesses, and to set forth whether the rules establish differing compliance requirements for small businesses.

The rules proposed for readoption with amendments do not impose any reporting requirements nor require any professional services for compliance, but the rules contain some recordkeeping requirements. Specifically, N.J.A.C. 13:47C-3.1 with proposed amendments requires sellers of wood used as fuel to retain all delivery tickets and sales invoices for a period of at least six months and all voided delivery tickets in duplicate for a period of at least two years. The cost of retaining these documents are minimal.

Several of the rules impose compliance requirements. N.J.A.C. 13:47C-2.1 requires that meat, poultry and/or shellfish be sold by net weight and provides for the manner in which these products are sold. N.J.A.C. 13:47C-2.2 states that all cut-up poultry be offered for sale by net weight and on the basis of dissection. N.J.A.C. 13:47C-2.3 requires that all dried fish, smoked fish and similar products be sold by net weight and when these products are packed in containers, the contents must be conspicuously marked. N.J.A.C. 13:47C- 2.4 requires that all articles of food which are normally permitted to be sold by numerical count as an individual piece or unit when divided or portioned by any method whatsoever shall have all such divisions or portions sold, exposed or offered for sale on the basis of net weight. N.J.A.C. 13:47C-2.6 provides that fresh meat roasts must be exposed, advertised, offered for sale or sold on the basis of the net weight of the fresh meat only. N.J.A.C. 13:47C-2.7 requires that the delivery of primal cuts of meats must be accompanied with an invoice containing certain information related to the transaction and that a price list be provided with a delivery of meats as part of a home freezer plan.

N.J.A.C. 13:47C-3.1 requires the seller of firewood to issue a serialized delivery ticket or invoice, containing certain information related to the delivery of firewood to the consumers. The costs of issuing said invoices or delivery tickets are minimal. N.J.A.C. 13:47C-3.2 states that decorating materials intended for use during the holiday season and constituting various forms of natural vegetation normally made or manufactured into rope form and distributed in bundles may only be offered for sale on the basis of linear measurement. Additionally, a tag must be affixed to each bundle marked with the name and address of the maker of the product along with a declaration of the quantity of the bundle in terms of linear measurement. N.J.A.C. 13:47C-3.3 provides that all wiping materials be sold by net weight and when put up in bales, cartons or other containers, the net quantity of the contents in terms of net weight be conspicuously marked. N.J.A.C. 13:47C-3.4 requires that dealers advertising building materials disclose not only the grade and species of the building material but also the size of such building material. Furthermore, N.J.A.C. 13:47C-3.4 requires dealers who advertise building materials to disclose the size, grade, species of the treated building material; the preservative used in treatment; the amount of preservative retention expressed as pound per cubic foot; and maximum or worst exposure conditions to which the treated wood should be subjected. N.J.A.C. 13:47C- 3.6 requires that treated lumber sold, offered or advertised for sale to consumers as building materials, except lumber treated for "Above ground use only" or which has not been treated in compliance with the "Book of Standards" published by the American Wood Preservers Association, must in addition to being graded, measured and labeled in accordance with the requirements of N.J.S.A. 51:4-27, bear legible treatment marks. Likewise, it requires that lumber and lumber products, which have not been treated in compliance with the standard, bear treatment marks containing the specified information to alert the consumers of that fact.

N.J.A.C. 13:47C-6.1 requires that transient buyers of precious metals give a surety bond to the State Superintendent to compensate potential consumers who have claims against a transient buyer. N.J.A.C. 13:47C-6.2 requires that after a notice of intention to withdraw from the State is filed by a transient buyer of precious metals with the State Superintendent, the transient buyer is prohibited from making any additional purchases of precious metals in the State. N.J.A.C. 13:47C-6.3 requires that each customer having a claim against a transient buyer must file a verified claim within 60 days with the State Superintendent. When the customer is the prevailing party and the surety will not make the payment of the amount decided, the State Superintendent will bring an action at law to recover the amount necessary to satisfy the claim.

The Office believes that no professional services are likely needed to comply with the rules proposed for readoption. The Office considers the rules proposed for readoption with amendments necessary to preserve the health, safety and welfare of public consumers. The objective of the rules proposed for readoption with amendments is to provide a fair and open marketplace for consumers. No differentiation based upon size is provided since to do so would adversely impact the purpose of the rules which are to provide for and guarantee a true and equitable transfer of goods.

Smart Growth Impact

The rules proposed for readoption with amendments will have no impact on the achievement of smart growth and implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:47C.

Full text of the proposed amendments follows :

<< NJ ADC 13:47C-1.1 >>

13:47C-1.1 Words and phrases defined

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

<<-"Dealers"->> <<+"Equipped dealer"+>> means any person who is regularly engaged in the business of selling or selling and delivering building materials to consumers in this State and who maintains unloading or loading, storage, transportation, communication, sales, services or other facilities <<-therefore->> <<+therefor+>>, with an office accessible to the public with a competent person on duty, commensurate with the nature and other requirements of the business <<-or an "unequipped dealer" which is any person who is regularly engaged in the business of selling building materials at retail in this State to consumers in this State who does not maintain loading, unloading or storage facilities->>.

<<+"Precious metals" means gold, silver, platinum, palladium, and alloys thereof.+>>

<<+"State Superintendent" or "Superintendent" means the State Superintendent of the Office of Weights and Measures in the Division of Consumer Affairs, New Jersey State Department of Law and Public Safety.+>>

<<+"Transient buyer" means a buyer of precious metals as provided for in N.J.S.A. 51:6A-1 et seq. who has not been in the retail business continuously for at least six months at the address in the municipality where he is required to register or who intends to close out or discontinue all retail business in the municipality within six months.+>>

<<+"Unequipped dealer" means any person who is regularly engaged in the business of selling building materials at retail in this State to consumers in this State who does not maintain loading, unloading or storage facilities.+>>

<< NJ ADC 13:47C-2.2 >>

13:47C-2.2 Sectioned poultry

(a) All cut-up poultry shall be offered for sale or sold by <<-a->> net weight on the following basis of dissection:

1.-6. (No change.)

(b) (No change.)

<< NJ ADC 13:47C-3.1 >>

13:47C-3.1 Cordwood and firewood

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

(e) Prohibition of terms: The terms "face cord," "rack," "pile," "truckload," or terms of similar import shall not be used when advertising, offering for sale, or <<-selling wood for sale, or->> selling wood for use as fuel.

(f) Delivery ticket or sale invoice: A serialized delivery ticket or invoice shall accompany all shipments of non-packaged cordwood, firewood, fireplace, stove wood or whole logs when in transit between seller and buyer. The delivery ticket or sales invoice shall be issued by the seller to the purchaser at time of delivery. All such delivery tickets and sale invoices shall be subject to inspection by any weights and measures officer while in transit.

1.-2. (No change.)

3. A copy of all delivery tickets and sale invoices<<+, except voided delivery tickets,+>> shall be retained by the seller<<-,->> or vendor for a period of at least six months and shall be subject to inspection<<-,->> at the seller or vendor's place of business<<-,->> during normal business hours<<-,->> by any weights and measures officer. <<+All voided delivery tickets in duplicate shall be kept on file at the seller or vendor's place of business where the sale originated for a period of at least two years from the date of issuance and shall be subject to inspection during normal business hours by any weights and measures official.+>>

(g) Reweighing or remeasuring: All cordwood, firewood, fireplace, stove wood, <<+and+>> whole logs, as defined by this chapter, will be subject to inspection, when in transit, at the time of delivery or at any reasonable time following delivery, by any weights and measures officer pursuant to N.J.S.A. 51:1-88.

<< NJ ADC 13:47C-3.4 >>

13:47C-3.4 Advertising of building materials <<-and paneling->>

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

<<-(c) No dealer, equipped or unequipped, shall offer, expose for sale or both offer and expose for sale, by the use of any advertising media or means, any paneling, to consumers in the State of New Jersey, unless said advertising is in compliance, in all respects, with the United States Federal Trade Commission "Guides For The Decorative Paneling Industry," promulgated December 15, 1971, and effective December 15, 1972, and all supplements and amendments thereto that may be adopted by the Federal Trade Commission or by the Superintendent.->>

<< NJ ADC 13:47C-3.5 >>

13:47C-3.5 Penalties

(a) Any violation of or noncompliance with the provisions of this subchapter, with the exception of N.J.A.C. 13:47C-3.4 (Advertising of building materials <<-and paneling->>), shall subject the violator to a penalty of not less than $100.00 as authorized by N.J.S.A. 51:1-89.

1. (No change.)

(b) (No change.)

<< NJ ADC 13:47C-3.6 >>

13:47C-3.6 Standard for treated lumber

(a) All preservatives, commodities, analysis methods, miscellaneous standards, conversion factors and correction tables for treated lumber so contained in the "Book of Standards" published by the American Wood Preservers Association (AWPA), <<-P.O. Box 286, Woodstock, Maryland 21163->> <<+P.O. Box 388, Selma, Alabama 36702+>>, together with all amendments and supplements thereto, are hereby adopted by reference as the legal requirements for treated lumber sold, sold and delivered, offered or advertised for sale to consumers as building materials in the State of New Jersey.

(b) (No change.)

(c) Hardwoods listed in the National Hardwood Lumber Association <<- Rule->> <<+Rules+>> Book <<+published by the National Hardwood Lumber Association (NHLA), 6830 Raleigh LaGrange Road, Memphis, Tennessee 38134,+>> which are treated in accordance with the provisions of (a) above need only carry treatment marks containing the information prescribed by (b) above.

(d)-(f) (No change.)

<< NJ ADC 13:47C-6.1 >>

13:47C-6.1 <<-Definitions->> <<+Transient buyer bond requirements+>>

<<-"Bond":->> <<+(a) A transient buyer of precious metals shall file with the State Superintendent a good and sufficient surety bond executed by a surety company authorized to transact business in this State in an amount of not less than $5,000. The bond shall run to the State for the benefit of any person injured by the wrongful act, default, fraud or misrepresentation of the transient buyer of precious metals.+>> The bond shall be approved as to form and sufficiency by the State Superintendent, shall be given to the State Superintendent in his official capacity and shall be conditioned for the faithful compliance by the precious metals transient buyer with all of the provisions of <<-P.L. 1981, Chapter 96->> <<+N.J.S.A. 51:6A-1 et seq.+>> and for the payment of all amounts due to sellers of precious metals during the period the bond is in force.

<<-"Cancellation notice":->> <<+(b)+>> In accordance with the provisions of <<-P.L. 1981, Chapter 96, Section 1(i), no->> <<+ N.J.S.A. 51:6A-1i, the+>> bond shall <<+not+>> be cancelled for any cause unless <<+a+>> Notice of Intention to cancel is filed <<+at least+>> 30 days before <<+the requested cancellation date+>> with the State Superintendent. The bond <<-must->> <<+shall+>> contain such a provision.

<<-"Notice of withdrawal": No monies or securities shall be withdrawn from the State Superintendent unless Notice of Intention to withdraw is given to the State Superintendent 30 days before such withdrawal.->>

<<-"Precious metals" means gold, silver, platinum, palladium, and alloys thereof.->>

<<-"Precious metals transient buyer bond": All precious metals transient buyers shall file with the State Superintendent a good and sufficient surety bond, executed by a surety company authorized to transact business in this State in a sum of not less than $5,000.->>

<<-"State Superintendent" means the State Superintendent of the Office of Weights and Measures in the Division of Consumer Affairs, Department of Law and Public Safety for the State of New Jersey.->>

<<-"Transient buyer" means a buyer of precious metals as provided for in P.L. 1981, Chapter 96 N.J.S.A. (RS 51:6 et al.) who has not been in the retail business continuously for at least six months at the address in the municipality where he is required to register or who intends to close out or discontinue all retail business in the municipality within six months.->>

<< NJ ADC 13:47C-6.2 >>

13:47C-6.2 Notice of Intention

<<+(a) No monies or securities shall be withdrawn from the State Superintendent unless a Notice of Intention to withdraw is given to the State Superintendent at least 30 days before such withdrawal.+>>

<<+(b)+>> After the Notice of Intention is filed with the State Superintendent, the transient buyer shall make no further purchases of precious metals in this State.



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