S3632

An Act concerning weights and measures, supplementing Title 51 of the Revised Statutes and amending various sections of statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. (New Section) The Legislature finds and declares that:

a. The primary purpose of Weights and Measures enforcement is to protect consumers by ensuring accurate measurement of goods and services and the truthful disclosure of those measurements. Weights and measures officers are responsible for overseeing compliance with laws and regulations governing weights, measures, packages, containers, pricing accuracy, weight certificates, delivery tickets, invoices, or any other documents setting forth the quantity or value of certain commodities or services.

b. Effective enforcement of strong weights and measures laws fosters honest dealing in the marketplace, which benefits both consumers and businesses. Fair trade practices enable legitimate businesses to compete fairly and effectively against those entities that might engage in fraudulent or deceptive practices. Consumer confidence is bolstered when they know there are robust protections in place to deter fraud and ensure the accuracy of information about the goods and services they are being offered.

c. Toward this end, weights and measures laws are in place to ensure that devices such as scales and fuel pumps are accurately calibrated and sufficiently reliable, and that they are used appropriately and consistently. Over the years, the Legislature has enacted numerous laws establishing fines and civil penalties designed to promote compliance with these requirements. However, the majority of these penalties were established prior to 1970, and most of these fines have not been increased in nearly 40 years. In many instances, the threat of imposition of these fines may be viewed as providing insufficient economic incentive to motivate businesses to update or maintain their equipment or to ensure its accuracy, as the increased profits and compliance expenses avoided far outweigh the fiscal impact of any fines that may be levied against them for noncompliance.

d. Similarly, fees are intended to support enforcement activities, such as conducting inspections and field investigations and bringing enforcement actions against violators, to increase compliance by providing an appropriate level of enforcement. Most of the applicable fees in this area were established by statute decades ago, and have not been adjusted. Providing the Superintendent of Weights and Measures with the flexibility to increase these fees through the rulemaking process to better cover the costs of administration and enforcement will enhance enforcement efforts both at the county level and Statewide.

e. Therefore, it is necessary and appropriate to revise the various laws establishing licensing fees and applicable penalties for weights and measures violations to increase these amounts to a level commensurate with today’s economic realities, to better protect consumers and more effectively promote fair trade practices.

2. R.S.51:1-17 is amended to read as follows:

51:1-17. All articles of food, other than liquids, which are capable of being measured by dry capacity measure and which heretofore have been sold by dry capacity measure in this State shall, except as hereinafter provided, be offered for sale or sold upon the basis of avoirdupois net weight or by numerical count only, and it shall be unlawful for anyone to use or employ any dry capacity measure, basket, barrel or container of any kind as a means of determining the amounts or quantities of any such articles of food offered for sale or sold. The provisions of this section shall not be construed to apply to:

a. Fruits and vegetables offered for sale or sold in closed or covered standard containers; or

b. Articles of food offered for sale by bona fide farmers in any farmers' public market, in open or uncovered standard containers, which articles may be transferred to a bag or other suitable receptacle when such transfer is agreeable to, and made in the presence of, the buyer; or

c. Vegetables which by common custom are offered for sale or sold by the bunch; or

d. Fresh berries and other small fruits, which are customarily offered for sale and sold by the box, basket or other receptacle, except, however, when such fresh berries and other small fruits are offered for sale or sold in bulk, in which case the provisions of this section shall apply to the extent that such fresh berries and other small fruits shall be offered for sale and sold by avoirdupois net weight only, but all fresh berries and such other small fruits, when offered for sale or sold shall be so offered for sale or sold in boxes, baskets or receptacles of uniform size to hold one quart or one pint dry measure only, uniformly and evenly filled throughout.

As used in this section:

"Dry capacity measure" means only bushel, half-bushel, peck, half-peck, quarter-peck, quart, pint, half-pint, and similar measures.

"Standard container" means only barrels, boxes, baskets, hampers or similar containers, the dimensions or capacity of which is established by law of this State or by Act of Congress, and upon which is plainly and conspicuously marked the net quantity of contents thereof in terms of weight, measure or numerical count.

"Bona fide farmers" means agriculturists or growers of fruits and vegetables who actually produce the commodities they sell and who are registered as such either with the State Department of Agriculture or with any county agent or board of agriculture.

Any person violating any of the provisions of this section shall [, for the first offense,] be liable to a penalty of not less than [$50.00 nor more than $100.00, for a second offense to a penalty of not less than $100.00 nor more than $250.00, and for each subsequent offense to a penalty of not less than $250.00 nor] $100 or more than [$500.00] $1,000.

(cf: P.L.1977, c.201, s.1)

3. R.S.51:1-28 is amended to read as follows:

51:1-28. Any person who shall pack, or cause to be packed for the purpose of selling, offering or exposing for sale any fruits or vegetables, in crates, covered baskets, carriers, sacks or other containers shall plainly and conspicuously mark in lettering not less than 3/8 of an inch in size, on the outside or top of such container, or on a tag firmly affixed thereto, his name and address. Before so doing he shall remove from the container all names and addresses, excepting the name and address of the manufacturer of the container.

Any person violating any of the provisions of this section shall [for the first offense] be liable to a penalty of not less than [$50.00 nor more than $100.00, for a second offense to a penalty of not less than $100.00 nor more than $250.00, and for each subsequent offense to a penalty of not less than $250.00, nor] $100 or more than [$500.00] $1,000.

(cf: P.L.1969, c.251, s.7)

4. R.S.51:1-29 is amended to read as follows:

51:1-29. a. No person shall distribute, expose for sale, sell, or have in his possession with intent to distribute, expose for sale or sell any article or commodity in package form, unless the label bears statements:

(1) Specifying the identity of the commodity in common terms;

(2) Identifying the legal name and principal place of business of the manufacturer, packer or distributor. The statement shall include the street address, city, state and zip code, except that the street address may be omitted if it is shown in a current city directory or telephone directory. If a person manufactures, packs or distributes a commodity in package form at a place other than his principal place of business, the statement may contain the principal place of business address in lieu of the actual place where the commodity was manufactured, packed or is to be distributed, unless that statement would be misleading. Packages packed on the premises where sold shall not be required to comply with this paragraph; and

(3) Specifying the net quantity of the contents by weight, measure, count or volume, as prescribed by the State superintendent.

b. Reasonable variations, tolerances and exemptions from the requirements of subsection a. shall be permitted. The State superintendent shall by regulation fix the permitted variations, tolerances and exemptions.

c. (1) No container or package in which commodities are packaged shall have a false bottom, false sidewalls, false lid or covering, or be otherwise so constructed or filled, wholly or partially, as to constitute deception. (2) No container shall be so nonfunctionally slack filled as to constitute deception. The State superintendent shall promulgate rules and regulations concerning nonfunctionally slack-filled containers. As used in paragraph (2) of this subsection, "nonfunctionally slack filled" means a container which is filled to substantially less than its capacity for reasons other than (a) protection of the contents of the container or (b) the requirements of machines used for enclosing the contents in the container. As used in paragraph (2) of this subsection, "container" means the immediate receptacle in which the commodity is enclosed.

d. Any person who manufactures, packs, distributes, exposes for sale or sells any commodity in package form in violation of this section shall [for the first offense] be liable to a civil penalty of not less than [$50.00 nor more than $100.00, and for a second offense to a civil penalty of not less than $100.00 nor more than $250.00, and for each subsequent offense to a civil penalty of not less than $250.00 nor] $100 or more than [$500.00.

(1) No person shall be convicted of or assessed a civil penalty for a second or subsequent offense pursuant to this subsection unless the previous conviction:

(a) Occurred no earlier than one year prior to the occurrence of the second or subsequent offense; and

(b) Occurred at the same place of business as the second or subsequent offense. For the purposes of this paragraph, "same place of business" means identical store or outlet.

(2) Nothing in this subsection shall be deemed (a) to authorize or permit the imposition of penalties for second or subsequent offenses in conjunction with an adjudication of guilt based upon multiple counts or complaints arising from the same inspection, or (b) to mandate the imposition of penalties for a second or subsequent offense, if, in the discretion of the court, the imposition of a penalty for a first offense would be just and proper] $1,000.

e. A shipment, delivery, aggregation or lot of a commodity in package form may be examined for compliance with the required net quantity statement for determining the acceptance or rejection (off-sale action) by means of recognized sampling, statistical principles and methods published by the National Bureau of Standards. Packages having a minus error exceeding the Maximum Allowable Variation (MAV) shall be held in violation and appropriate legal action may be taken with respect to these individual packages according to the provisions of this section.

f. Notwithstanding any provision in Title 51 of the Revised Statutes, when a prosecution has been initiated against a retailer alleging a violation regarding any commodity in package form, the manufacturer or supplier of that package shall be substituted as the party-defendant upon motion, with the consent of all parties and the consent of that manufacturer or supplier, who shall agree to submit to the jurisdiction of the court. If a judgment imposed against a manufacturer or supplier remains unsatisfied, the State superintendent may docket that judgment in the Superior Court, and may enforce that judgment in the same manner as a judgment originating from the Superior Court.

(cf: P.L.1987, c.207, s.1)

5. R.S.51:1-35.1 is amended to read as follows:

51:1-35.1. Any person violating any of the provisions of either section 51:1-34 or section 51:1-35 of this Title, or who alters or defaces delivery tickets as specified in said section 51:1-35, or who in any manner misrepresents the weight of the laundry so delivered, shall [for the first offense] be liable to a penalty of not less than [$50.00 nor] $100 or more than [$100.00, for a second offense to a penalty of not less than $100.00 nor more than $250.00, and for each subsequent offense to a penalty of not less than $250.00 nor more than $500.00] $1,000.

(cf: P.L.1969, c.251, s.11)

6. Section 7 of P.L.1994, c.60 (C.51:1-54.3) is amended to read as follows:

7. a. The State superintendent shall establish a fee schedule, including the imposition of late charges when appropriate, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), for the regulation of weighing and measuring devices under Title 51 of the Revised Statutes for which fees are not otherwise established by law.

b. The fees established under subsection a. of this section shall be sufficient to fully defray the cost of regulating weighing and measuring devices pursuant to Title 51 of the Revised Statutes [provided however, the fee charged for scales which measure weights of less than 1,000 pounds shall not exceed $25 per scale and the fee charged for fuel pump dispensers shall not exceed $25 per hose, or $200 per commercial location using the scale or dispenser, whichever is less, and provided further, the fee charged for retail vehicle tank meters shall not exceed $50 per meter].

c. The fees established under subsection a. of this section shall be deposited into the "Weights and Measures Fund" created pursuant to section 8 of P.L.1994, c.60 (C.51:1-54.4) for the purpose of fully defraying the cost of regulating weighing and measuring devices pursuant to Title 51 of the Revised Statutes.

(cf: P.L.1994, c.60, s.7)

7. R.S.51:1-74 is amended to read as follows:

51:1-74. All public weighmasters and certified weighers shall be appointed by the State Superintendent of Weights and Measures for the term of three years. The State superintendent shall issue a certificate of such appointment and shall keep a record thereof. Upon appointment or any renewal thereof a fee of [$150] $300 shall be paid to the State superintendent and by him paid to the State Treasurer for deposit into the "Weights and Measures Fund" created pursuant to section 8 of P.L.1994, c.60 (C.51:1-54.4).

The State superintendent may on request of a State officer, commission, board, institution or agency of the State Government and without payment of any fee designate and appoint an officer or employee of any such officer, commission, board, institution or agency as weighmaster and issue to him a weighmaster's certificate.

(cf: P.L.1994, c.60, s.10)

8. R.S.51:1-80 is amended to read as follows:

51:1-80. Any person, who shall request a weighmaster to weigh any product, commodity, or article falsely or incorrectly, or who shall request a false or incorrect certificate of weight and measure, or any person who shall issue a certificate of weight and measure who is not a weighmaster as defined in section 51:1-73 of this Title shall, upon conviction thereof, pay a fine of not less than [$500.00 nor more than $1,000.00] $1,000.

Any weighmaster who shall issue a false certificate of weight or measurement, or who shall delegate his authority to any person not certified as a weighmaster, or who shall preseal a certificate of weight or measure with his official seal before performing the work of weighing or measuring or who shall conduct his office as weighmaster in any manner at variance with this chapter shall, upon conviction thereof, pay a fine of not less than [$500.00 nor more than $1,000.00] $1,000 and, in addition, shall forfeit his weighmaster's certificate. The certificate shall then be turned over to the State superintendent.

(cf: P.L.1969, c.251, s.15)

9. R.S.51:1-82 is amended to read as follows:

51:1-82. Any person who owns, operates, keeps, or has in his possession, control or charge any scales, steelyards or weights who shall certify, declare, represent, render or report any false weight whereby any other person may be defrauded, deceived or injured, shall, upon conviction thereof, be subject to a penalty in a sum not less than [$50.00 nor more than $100.00 for a first offense, and not less than $100.00 nor more than $250.00 for a second offense and not less than $250.00 nor] $100 or more than [$500.00 for each subsequent offense] $1,000. The court shall cause any defendant, who refuses or neglects to forthwith pay the amount of the judgment rendered against him and all the costs and charges incident thereto, to be committed to the county jail for a period of not less than 10 days and not exceeding 30 days for a first offense and not less than 30 days nor more than 90 days for any subsequent offense. Such person shall also be answerable to the party defrauded in double damages, to be collected in an action at law in any court of competent jurisdiction. The provisions of this section shall not apply to interstate common carriers by railroad subject to the rules and regulations from time to time issued by the Interstate Commerce Commission.

(cf: P.L.1969, c.251, s.16)

10. R.S.51:1-83 is amended to read as follows:

51:1-83. No person shall buy or sell goods or service based on weight or measurement by the use of any weight or measure which has not been tested and sealed according to the provisions of this chapter under penalty of not less than [$50.00 nor] $100 or more than [$200.00] $100 for each separate offense. No contract shall, however, be declared void unless one of the contracting parties has been injured by the use of such weight or measure.

(cf: P.L.1969, c.251, s.17)

11. R.S.51:1-85 is amended to read as follows:

51:1-85. Whenever any inspection of weights and measures has been made upon the request of the owner thereof, if they shall be found not to conform to the legal standard, the superintendent, or assistant superintendent shall serve such owner with a notice in writing that the use thereof is illegal. Within 15 days thereafter, the owner shall either have such weight or measure corrected or another substituted therefor, and notify the said superintendent in writing to that effect, or deliver the defective weight or measure to such superintendent for confiscation; and for his failure so to do, he shall be liable to a fine of [$100.00] $200.

(cf: P.L.1969, c.251, s.18)

12. R.S.51:1-86 is amended to read as follows:

51:1-86. Upon the first official inspection of any weight or measure, except where the inspection is made upon the request of the owner thereof, if the deviation from the legal standard shall be of such nature as not to be easily ascertained by the owner thereof, the owner may correct it. Upon his failure to do so within [2] two days after such inspection, the superintendent shall take possession of and destroy such weight or measure, unless, in the sole discretion of the superintendent, good cause exists to allow additional time to correct the deviation or take possession of and destroy the weight or measure. If the said deviation, or the causes thereof, shall be patent or easily ascertainable by the owner thereof, the superintendent or assistant superintendent shall immediately take possession of and destroy such weight or measure, and the owner thereof shall be liable to a penalty of not less than $500 [nor more than $1,000] in addition to any other penalties and punishments herein provided.

(cf: P.L.2013, c.126, s.2)

13. R.S.51:1-88 is amended to read as follows:

51:1-88. No person shall refuse to exhibit any weights, measures, packages, containers, weight certificates, delivery tickets, invoices or any other documents setting forth the quantity or value of any commodity or service to any weights and measures officer for the purpose of being inspected and examined, nor shall any person refuse to admit such officer to his place of business, during his usual hours of business, nor shall any person who may be buying, selling or delivering goods, liquids, commodities, or services from any vehicle in transit refuse to permit such officer to examine any weights, measures, packages, containers, weight certificates, delivery tickets, invoices or any other documents setting forth quantity or value of any commodity or service which may be in or about the vehicle, under a civil penalty of not less than [$100.00] $500 for every such offense.

(cf: P.L.1986, c.167, s.10)

14. R.S.51:1-89 is amended to read as follows:

51:1-89. Any person violating any of the provisions of this chapter for which a specific penalty has not been provided shall be liable to a penalty of not less than [$100.00] $250.

(cf: P.L.1969, c.251, s.21)

15. R.S.51:1-90 is amended to read as follows:

51:1-90. No person shall in any way or manner hinder or molest any superintendent, deputy superintendent, assistant superintendent, inspector, or other weights and measures officer in the performance of the duties imposed upon him by any of the provisions of this Title under penalty of not less than [one hundred dollars ($100.00) nor more than five hundred dollars ($500.00)] $1,000 for each offense.

(cf: P.L.1952, c.44, s.1)

16. R.S.51:1-91 is amended to read as follows:

51:1-91. No person shall alter or change in any manner any weight or measure, or allow the same to be done, after the same has been tested and sealed or tested and condemned by any weights and measures officer under authority of law, so that the same shall weigh or measure incorrectly, under a civil penalty of not less than [$100.00 nor] $250 or more than [$500.00] $800 for each offense, unless the person has been duly licensed and registered pursuant to the provisions of P.L. 1938, c. 182 (C. 51:1-113 et seq.). This section shall not prohibit any authorized person from making adjustments necessary to achieve zero balance on any weighing or measuring device.

(cf: P.L.1986, c.167, s.11)

17. R.S.51:1-93 is amended to read as follows:

51:1-93. Every weight or measure sold, leased or delivered after sale to any person within the State for use in the purchase or sale of commodities or services, shall be of the legal standard as provided in this Title.

Every person selling, leasing or delivering, or buying, renting or receiving any such weight or measure shall furnish to the local superintendent of the county or municipality in which such weights or measures are installed, a statement in writing, showing the sale or lease and location of such weights and measures, within 10 days.

Any person who shall sell or lease a false weight or measure or a weight or measure that has not been approved as to type, construction and operation by the State superintendent, or who otherwise violates this section, shall be liable to a civil penalty of not less than [$100.00 nor] $250 or more than [$500.00] $800 for each offense.

(cf: P.L.1986, c.167, s.12)

18. R.S.51:1-96 is amended to read as follows:

51:1-96. a. No person shall use, or cause to be used, or have in his possession: (1) a weight or measure found to be incorrect after having been theretofore duly tested and sealed; or (2) a false weight, measure or other apparatus for the measurement of a physical property, or for determining the quantity or value of any commodity or article of merchandise, or service, or both. Any person who violates this subsection shall [for the first offense] be liable to a civil penalty of not less than [$50.00 nor more than $100.00, and for a second offense to a civil penalty of not less than $100.00 nor more than $250.00, and for each subsequent offense to a civil penalty of not less than $250.00 nor] $100 or more than [$500.00].

b. [No person shall be convicted of or assessed a civil penalty for a second or subsequent offense pursuant to this section unless the previous conviction:

(1) Occurred no earlier than one year prior to the occurrence of the second or subsequent offense; and

(2) Occurred at the same place of business as the second or subsequent offense. For the purposes of this subsection, "same place of business" means identical store or outlet.] (Deleted by amendment, P.L. , c. (pending before the Legislature as this bill)

c. Nothing in this section shall be deemed: (1) to authorize or permit the imposition of penalties for a second or subsequent offense in conjunction with an adjudication of guilt based upon multiple counts or complaints arising from the same inspection, or (2) to mandate the imposition of penalties for a second or subsequent offense, if, in the discretion of the court, the imposition of a penalty for a first offense would be just and proper.

(cf: P.L.1986, c.167, s.13)

19. R.S.51:1-97 is amended to read as follows:

51:1-97. a. No person shall:

(1) Sell or expose for sale less than the quantity represented of a commodity or service;

(2) Take any more of the quantity represented of any commodity or service, when, as a buyer, he furnishes the weight or measure by which the commodity or service is determined;

(3) Deliver or cause to be delivered less than the quantity or service represented of any commodity or service commonly sold by weight, measure, count or time;

(4) Misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, count, or time, or represent the price in any manner calculated or tending to mislead or in any way deceive a person;

(5) Falsify, prerecord, issue or have in his possession a meter register, delivery ticket, invoice, bill or any document which contains a quantity representation recorded prior to the actual measurement at the time of delivery of the commodity; or

(6) Preprint, postprint, alter, or have in his possession a credit card, receipt or original containing a false representation of the quantity or value of petroleum products delivered.

Any person who violates the provisions of this subsection shall be liable [for the first offense] to a civil penalty of not less than [$50.00 nor more than $100.00, and for a second offense to a civil penalty of not less than $100.00 nor more than $250.00, and for each subsequent offense to a civil penalty of not less than $250.00 nor] $100 or more than [$500.00] $1,000.

b. [No person shall be convicted of or assessed a civil penalty for a second or subsequent offense pursuant to this section unless the previous conviction:

(1) Occurred no earlier than one year prior to the occurrence of the second or subsequent offense; and

(2) Occurred at the same place of business as the second or subsequent offense. For the purposes of this subsection, "same place of business" means identical store or outlet.] (deleted by amendment, P.L. , c. (pending before the Legislature as this bill

(cf: P.L.1986, c.167, s.14)

20. Section 16 of P.L.1938, c.182 (C.51:1-128) is amended to read as follows:

16. Every person who maintains or carries on the business of selling, trading in, receiving, or engaging in the repairing of condemned, rebuilt, or used weighing and measuring devices shall pay a license fee of [$150] $200 per annum or any other amount established by regulation promulgated by the Superintendent of Weights and Measures. Every person engaging only in the repairing of weighing and measuring devices shall pay a fee of $20 per annum. These fees shall be paid to the State Superintendent of Weights and Measures, and by this officer shall be turned over to the State Treasurer for deposit into the "Weights and Measures Fund" created pursuant to section 8 of P.L.1994, c.60 (C.51:1-54.4).

(cf: P.L.1994, c.60, s.12)

21. Section 19 of P.L.1938, c.182 (C.51:1-131) is amended to read as follows:

19. Any person violating any of the provisions of this act[,] shall[, upon being found guilty of a first offense,] pay a fine of not less than [$50.00, nor more than $100.00, and shall, upon being found guilty of a second offense pay a fine of not less than $100.00 [nor] or more than $250.00, and shall, upon being found guilty of any subsequent offense pay a fine of not less than $250.00 nor] $100 or more than [$500.00] $1,000; provided, however, that any person unable to pay a fine imposed under the provisions of this act shall be committed to jail for a period of not less than 10 days [nor] or more than 90 days.

(cf: P.L.1969, c.251, s.26)

22. R.S.51:4-2 is amended to read as follows:

51:4-2. Any person, firm, partnership, association or corporation, or any servant, agent or employee thereof, who shall violate section 51:4-1 of this Title shall be guilty of a misdemeanor [and for a first offense shall be] punishable by a fine of not less than [$250.00 nor more than $1,000.00 and for each subsequent offense shall be punishable by a fine of not less than $1,000.00 nor] $1000 or more than [$5,000.00] $5,000, or imprisonment of not less than 60 days [nor] or more than [1] one year or both[, or either], at the discretion of the court.

(cf: P.L.1969, c.251, s.27)

23. Section 4 of P.L.1968, c.222 (C.51:4-26) is amended to read as follows:

4. Applications for a license shall be made upon forms prescribed and furnished by the superintendent and shall list the places of business of the dealer. The fee for a dealer's license shall be [$100] $150 or any other amount established by regulation promulgated by the Superintendent of Weights and Measures. Such license shall expire one year after date of issuance. Renewal notices shall be issued to licensees at least 30 days prior to the expiration of the license.

(cf: P.L.2013, c.234, s.3)

24. Section 16 of P.L.1968, c.222 (C.51:4-38) is amended to read as follows:

16. Any person who knowingly violates any of the provisions of this act for which specific penalty or punishment is not otherwise provided, shall pay a penalty of not less than [$50.00 nor more than $100.00 for the first offense, not less than $100.00 nor more than $250.00 for the second offense, and not less than $250.00 nor] $100 or more than [$500.00 for each subsequent offense] $1,000.

The Superior Court and municipal court shall have jurisdiction of proceedings for the collection and enforcement of a penalty imposed because of the violation, within the territorial jurisdiction of the court, of any provision of this act. The penalty shall be collected and enforced in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Process shall be either in the nature of a summons or warrant and shall issue in the name of the State, upon the complaint of the superintendent or any other weights and measures official.

(cf: P.L.2013, c.234, s.7)

25. R.S.51:5-7 is amended to read as follows:

51:5-7. Every person, firm, corporation or association guilty of a violation of any provision of this chapter, and every officer, manager, director or managing agent of any such person, firm, corporation or association directly participating in such violation, or consenting thereto, shall be liable to a mandatory penalty of not less than [$100.00 nor] $500 or more than [$500.00] $1,000 recoverable by the Superintendent of Weights and Measures [in a court of competent jurisdiction in a civil penalty action pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.)] pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

(cf: P.L.1980, c.53, s.3)

26. R.S.51:6-7 is amended to read as follows:

51:6-7. Any person, firm, partnership, corporation or association, or any officer, manager, director, employee or agent thereof, who shall sell or offer or expose for sale in this State, any article to which is applied any quality mark which does not conform to all the provisions of this chapter, or from which is omitted any mark required by the provisions of this chapter, shall be liable to a mandatory penalty of not less than [$100.00 nor] $500 or more than [$500.00] $1,000 recoverable by the Superintendent of Weights and Measures [in a court of competent jurisdiction in a civil penalty action pursuant to "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.)] pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

(cf: P.L.1980, c.53, s.4)

27. Section 3 of P.L.1981, c.96 (C.51:6A-3) is amended to read as follows:

3. Any person who violates any provision of this act shall be liable to a mandatory penalty of not less than [$500 nor] $750 or more than [$1,000] $2,000 recoverable by the Superintendent of Weights and Measures pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). An action for the recovery of a civil penalty for violation of this act shall be within the jurisdiction of and may be brought before the Superior Court or municipal court in the municipality where the offense is committed or where the defendant resides or where the defendant may be apprehended.

A summons or warrant against any foreign business entity doing business in this State shall be processed as provided by law.

(cf: P.L.2013, c.126, s.1)

28. R.S.51:9-11 is amended to read as follows:

51:9-11. Any person violating any of the provisions of this chapter shall, upon conviction thereof, pay a penalty of not less than [$50.00 nor] $250 or more than [$100.00, for the first offense] $1,000, or for failure to forthwith pay such penalty shall be imprisoned in the county jail for a period not exceeding [20] 30 days[; and for a second offense, shall, after conviction, pay a penalty of not less than $100.00 nor more than $250.00 and for failure to forthwith pay such penalty shall be imprisoned in the county jail for a period not exceeding 40 days; and for a third or each subsequent offense, shall, after conviction, pay a penalty of not less than $250.00 nor more than $500.00, and for failure to forthwith pay such penalty shall be imprisoned in the county jail for a period not exceeding 60 days].

All penalties collected from persons violating the provisions of this chapter shall be paid by the magistrate or court clerk receiving the same, when recovered by the State Superintendent of Weights and Measures, or his assistants, to the State Treasurer; when recovered by a county weights and measures officer, to the county treasurer of such county; and when recovered by a municipal weights and measures officer, into the treasury of the municipality which such officer represents.

It shall be the duty of the municipal attorney of any municipality wherein any violation takes place to assist in the prosecution of the same and to assist in the trial of any appeal, where a complaint is made by a municipal weights and measures official and if such municipality has no municipal weights and measures official, the county prosecutor wherein such violation takes place shall assist in such prosecution.

(cf: P.L.1969, c.251, s.33)

29. Section 13 of P.L.1952, c.143 (C.51:10-13) is amended to read as follows:

13. Any person who shall, by himself or by his agent, or as the agent of another, violate any of the provisions of this act, shall upon conviction pay a penalty of not less than [twenty-five ($25.00) nor] $100 or more than [fifty dollars ($50.00) for the first offense, not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for the second offense, and not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00) for the third or subsequent offense] $1,000.

(cf: P.L.1952, c.143, s.13)

30. Section 2 of P.L.1983, c.465 (C.51:10-19) is amended to read as follows:

2. Any person violating this act shall be subject to a penalty of [$1,000.00] $5,000 for each violation. The penalty shall be enforced pursuant to ["the penalty enforcement law" (N.J.S. 2A:58-1 et seq.)] the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in a summary proceeding brought in the name of the State by the health officer of the municipality in which the violation occurred or by a weights and measures officer. Whenever the health officer of a municipality brings the summary proceeding, half of the penalty shall be remitted to the State and the other half shall be remitted to the municipality in which the violation occurred. Whenever a weights and measures officer brings the summary proceeding, the penalty shall be disposed of in accordance with section 16 of P.L.1952, c. 143 (C. 51:10-16).

It shall not be a violation of this act to discontinue service to a residential dwelling or property which has unsafe equipment or when other conditions prevail as specified by regulations promulgated by the Office of Weights and Measures which prevent delivery of a notice or liquefied petroleum gas to the customer.

(cf: P.L.1983, c.465, s.2)

31. Section 9 of P.L.1968, c.450 (C.51:11-9) is amended to read as follows:

9. Every person required to be licensed according to the provisions of this act shall for [such] the license pay a fee of [$50.00] $50 per annum or any other amount established by regulation promulgated by the Superintendent of Weights and Measures which [fee] shall be paid to the superintendent and [by him turned over] forwarded to the State Treasurer. The [said] fee shall entitle the licensee to one vehicle certificate and a license plate to be placed on the left side of the vehicle from which the business is conducted together with an identification card to be carried by the licensee.

(cf: P.L.1968, c.450, s.9)

32. Section 22 of P.L.1968, c.450 (C.51:11-22) is amended to read as follows:

22. Any person who violates any of the provisions of this act for which a specific penalty is not otherwise provided, shall be liable to a penalty of [$25.00 to $50.00 for the first offense; not less than $50.00 nor more than $100.00 for the second offense, and] not less than [$100.00 nor] $100 or more than [$200.00] $200 for each subsequent offense.

(cf: P.L.1968, c.450, s.22)

33. This act shall take effect immediately.

STATEMENT

This bill increases and modifies fees and penalties under Title 51 of the Revised Statutes pertaining to the weighing, measuring, labeling, packaging, and inspection of certain commodities and standards for certain commercial products including, but not limited to, food sold by weight, lumber and lumber products; gold, silver, and alloys thereof; platinum and alloys thereof; precious metals; liquid fuel; liquefied gas; and soil enriching and correcting products.

The fees and penalties under Title 51 are in place to ensure that devices such as scales and fuel pumps are accurate and used correctly and consistently. The majority of these fees and penalties have not been increased in decades. The sponsor intends to update these licensing fees and penalties to make them commensurate with today’s economic realities in order to promote compliance by businesses and better cover the costs of conducting enforcement activities, such as inspections, field investigations, and bringing enforcement actions against violators.