LEGISLATIVE FISCAL ESTIMATE
[First Reprint]
SENATE, No. 3632
STATE OF NEW JERSEY
222nd LEGISLATURE
DATED: OCTOBER 7, 2026
SUMMARY
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Synopsis: |
Increases and modifies certain fees and penalties regarding weighing, measuring, labeling, packaging, and inspection of certain commodities and commercial products. |
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Type of Impact: |
Annual State and local government revenue increases. |
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Agencies Affected: |
Department of Law and Public Safety; counties; municipalities. |
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Office of Legislative Services Estimate |
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Annual State Revenue Increase |
Indeterminate |
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Annual Local Revenue Increase |
Indeterminate |
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· The Office of Legislative Services (OLS) concludes that the bill will result in indeterminate annual revenue increases for the State and those counties and municipalities that have established departments of weights and measures. The OLS, however, is unable to model how the bill, and particularly the increases to the penalty schedule, will affect business compliance with existing weights and measures laws and cannot determine how these behavioral changes will affect the overall increase in State and local government revenue collections.
· Revenues from fees and penalties affected by the bill support the enforcement expenses of the New Jersey Office of Weights and Measures and its county and municipal counterparts. Accordingly, to the extent that the increased fee and penalty revenue generated by the bill are used to support additional enforcement activities, annual State and local government expenditures will increase by an indeterminate amount.
BILL DESCRIPTION
This bill modifies certain fees and penalties pertaining to the weighing, measuring, labeling, packaging, and inspection of certain commodities and standards for commercial products including food sold by weight, lumber and lumber products, precious metals, liquid fuel, and soil enriching and correcting products.
The updated fee and penalty schedules are as follows:
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Fee Category |
Current Fee |
Proposed Fee |
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Weighing and Measuring Device Registration-Annual Fee |
Up to $25 per scale/ fuel hose; Up to $200 per location; Up to $50 per meter |
Up to $100 per scale/ fuel hose; Up to $500 per location; Up to $200 per meter |
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Public Weighmaster and Certified Weighers Appointment and Renewal-Three-Year Application and Renewal Fee |
$150 |
$300 |
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License to Sell, Trade, Repair Devices-Annual Fee |
$150 |
$200 or other amount |
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Building Materials License-Annual Fee |
$100 |
$150 or other amount |
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License to Sell Soil Mixtures-Annual Fee |
$50 |
$50 or other amount |
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Penalty Category |
Current Penalty Range |
Proposed Penalty per Offense |
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Food Sold by Weight or Numerical Count |
$50 to $500 |
$100 to $1,000 |
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Marking of Containers for Fruits and Vegetables |
$50 to $500 |
$100 to $1,000 |
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Commodity Package Labeling |
$50 to $500 |
$100 to $1,000 |
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Tested Scales and Delivery Tickets for Laundry |
$50 to $500 |
$100 to $1,000 |
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Violation by Weighmaster |
$500 to $1,000 |
At least $1,000 |
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Fraudulent Report of Weight |
$50 to $500 |
$100 to $1,000 |
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Use of Non-Authorized Weights and Measures |
$50 to $200 |
$100 to $1,000 |
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Defective Weights or Measures-Request of Owner |
$100 |
$200 |
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Defective Weights or Measures-Official Inspection |
$500 to $1,000 |
At least $500 |
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Examination Refusal |
At least $100 |
At least $500 |
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General Violation |
At least $100 |
At least $250 |
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Hindering Official |
$100 to $500 |
At least $1,000 |
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Changing Weights or Measures |
$100 to $500 |
$250 to $800 |
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Selling a False Weight or Measure |
$100 to $500 |
$250 to $800 |
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Using False Weights |
$50 to $500 |
$100 to $1,000 |
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Illegal Weighing Activities |
$50 to $500 |
$100 to $1,000 |
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Enforcement Act Penalties-Install, Service, Repair |
$50 to $500 |
$100 to $1,000 |
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Deception in Sale of Liquid Fuels and Oils |
$250 to $5,000 |
$1,000 to $5,000 |
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Building Materials Violation |
$50 to $500 |
$100 to $1,000 |
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Precious Metals Violation |
$100 to $500 |
$500 to $1,000 |
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Platinum Metal Violation |
$100 to $500 |
$500 to $1,000 |
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Bulk Metal Buyer Violation |
$500 to $1,000 |
$750 to $2,000 |
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Liquid Heating Fuels Violation
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$50 to $500 and up to 60 days in county jail for nonpayment. |
$250 to $1,000 and up to 30 days in county jail for nonpayment |
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Liquefied Petroleum Gas Violation |
$25 to $200 |
$100 to $1,000 |
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Discontinuation of Residential Gas Service Penalty |
$1,000 |
$5,000 |
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Soil Mixture Violations |
$25 to $200 |
$100 to $2,000 |
FISCAL ANALYSIS
EXECUTIVE BRANCH
None received.
OFFICE OF LEGISLATIVE SERVICES
The OLS concludes that the bill will result in indeterminate annual revenue increases for the State and those counties and municipalities that have established departments of weights and measures. The OLS, however, is unable to model how the bill, and particularly the increases to the penalty schedule, will affect business compliance with existing weights and measures laws and cannot determine how these behavioral changes will affect the overall increase in State and local government revenue collections.
The OLS notes that all fees and penalties collected by the New Jersey Office of Weights and Measures are deposited into the Weights and Measures Fund and are used to pay for the enforcement expenses of the office. Counties and municipalities that conduct their own enforcement operations are eligible for reimbursement from the fund up to the full cost of their enforcement expenses. Penalties for violations imposed and collected by a county or municipality are retained by that local government.
Accordingly, to the extent that the increased fee and penalty revenue generated by the bill are used to support additional enforcement activities, annual State and local government expenditures will increase by an indeterminate amount.
Select New Jersey Office of Weights and Measures Data
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Actual |
Actual |
Actual |
Estimated |
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FY 2023 |
FY 2024 |
FY 2025 |
FY 2026 |
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Licenses and Permits Issued |
1,424 |
1,325 |
1,572 |
1,500 |
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Penalties Collected |
$2,594,380 |
$4,478,788 |
$2,651,417 |
$2,700,000 |
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Section: |
Law and Public Safety |
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Analyst: |
Lead Fiscal Analyst |
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Approved: |
Thomas Koenig Legislative Budget and Finance Officer |
This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.
This fiscal estimate has been prepared pursuant to P.L.1980, c.67 (C.52:13B-6 et seq.).