Title 56, TRADE NAMES, TRADE-MARKS AND UNFAIR TRADE PRACTICES

56:8-5. Service of notice by attorney general. Service by the Attorney General of any notice requiring a person to file a statement or report, or of a subpoena upon any person, shall be made personally within this State, but if such cannot be obtained, substituted service therefo…

56:8-50. Notice of defect or hazard in children's products to director 2. Any manufacturer, distributor or dealer who, pursuant to any law or any regulation of the U.S. Consumer Product Safety Commission, is required to give public notice with regard to a defect or hazard in any …

56:8-51. Dealer display of notification 3. A dealer who is notified by a manufacturer, a distributor or the U.S. Consumer Product Safety Commission of a defective or hazardous toy or other article intended for use by children shall prominently display that notification for at lea…

56:8-52. Inspection program; regulations 4. a. The director shall establish an inspection program to insure that dealers in toys and other articles intended for use by children comply with section 3 of this section. The director also shall periodically publish and disseminate to …

56:8-53. Allocation of penalty monies 5. The monies collected as penalties for violations of this act shall be allocated to the Division of Consumer Affairs in the Department of Law and Public Safety. L.1991,c.295,s.5.

56:8-53.1 Definitions relative to child product safety. 1. As used in this act: "Child" means a person less than 14 years of age. "Children's product" means a product, including, but not limited to, a full-size crib, non-full-size crib, toddler bed, bed, car seat, chair, high cha…

56:8-53.2 Unlawful practices relative to children's products deemed unsafe. 2. a. It shall be an unlawful practice for any commercial user to knowingly remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce a childre…

56:8-53.3 Duties of Division of Consumer Affairs; immunity from liability. 3. a. The Division of Consumer Affairs in the Department of Law and Public Safety shall: (1) create, maintain, and update a comprehensive list of children's products that have been identified as meeting an…

56:8-53.4 Retrofitting of children's products. 4. A children's product deemed unsafe in accordance with P.L.2007, c.124 (C.56:8-53.1 et al.) as a result of a recall or warning issued by a federal agency, may be retrofitted by the manufacturer if the retrofit has been approved by …

56:8-53.5 Rules, regulations. 6. a. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, may adopt rules and regulations to effectuate the purposes of sec…

56:8-54. Application of consumer fraud act to information services 1. An information service constitutes a service within the term "merchandise" as defined in P.L.1960, c.39 (C.56:8-1 et seq.), and the provisions of that law concerning the advertisement and sale of merchandise sh…

56:8-55. Definitions 2. For the purposes of this act: "Automatic dialing device" means equipment capable of being programmed to randomly or sequentially dial seven-digit or ten-digit telephone numbers and, upon connection, play back a pre-recorded message. "Information service" m…

56:8-56. Unlawful practice without disclosures required 3. a. It shall be an unlawful practice for a person to advertise or sell an information service unless the following information is clearly and conspicuously disclosed in all advertisements offering the information service: …

56:8-57. Unlawful practices 4. It shall be an unlawful practice for a person to advertise or sell an information service that involves: a. Advertisement through use of an automatic dialing device; b. Access to the information service through use of signals or tones provided direc…

56:8-58. Blocking of telephone access 5. The Board of Public Utilities is directed to adopt rules and regulations providing a procedure whereby a subscriber, or the legal representative, guardian, or personal representative of a subscriber may request the telephone company to blo…

56:8-59. Rules, regulations, fees 6. Pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs may adopt regulations as authorized in section 3 of P.L.1991, c.416 (C.56:8-56) and as oth…

56:8-6. Failure or refusal to file statement or report or obey subpoena issued by attorney general; punishment. If any person shall fail or refuse to file any statement or report, or obey any subpoena issued by the Attorney General, the Attorney General may apply to the Superior …

56:8-60. Injunctive relief, restraints on income 7. In addition to powers exercised by the Attorney General pursuant to the provisions of section 8 of P.L.1960, c.39 (C.56:8-8) or any other law, when it shall appear to the Attorney General that an information service provider is …

56:8-61. Short title 1. This act shall be known and may be cited as the "Kosher Food Consumer Protection Act." L.1994,c.138,s.1.

56:8-62. Definitions 2. As used in this act: "Dealer" means any establishment that advertises, represents or holds itself out as selling, preparing or maintaining food as kosher. This shall include, but not be limited to, manufacturers, slaughterhouses, wholesalers, stores, resta…

56:8-63. Posting of kosher information 3. a. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be kosher or kosher for Passover, shall disclose the basis upon which that representation is made by posting the information required by the direct…

56:8-64. Unlawful practice not committed; proof required 4. Any person subject to the requirements of section 3 of this act shall not be deemed to have committed an unlawful practice if it can be shown by a preponderance of the evidence that the person relied in good faith upon t…

56:8-65. Presumptive evidence of intent to sell 5. Possession by a dealer of any food not in conformance with its disclosure is presumptive evidence that the person is in possession of that food with the intent to sell. L.1994,c.138,s.5.

56:8-66. Compliance with requirements 6. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be kosher or kosher for Passover shall comply with all requirements of the director, including, but not limited to, recordkeeping, labeling and filing,…

56:8-67 Definitions relative to sale and warranty of certain used vehicles 1. As used in this act: "As is" means a used motor vehicle sold by a dealer to a consumer without any warranty, either express or implied, and with the consumer being solely responsible for the cost of any…

56:8-67.1 Sale of used passenger motor vehicle, upon termination of lease agreement 2. A lessor who is a dealer and who sells or offers for sale a used passenger motor vehicle, subject to a motor vehicle lease agreement which was in effect for more than 90 days, to a consumer who…

56:8-68. Unlawful practices 2. It shall be an unlawful practice for a dealer: a. To misrepresent the mechanical condition of a used motor vehicle; b. To fail to disclose, prior to sale, any material defect in the mechanical condition of the used motor vehicle which is known to th…

56:8-69. Written warranty required; minimum durations 3. It shall be an unlawful practice for a dealer to sell a used motor vehicle to a consumer without giving the consumer a written warranty which shall at least have the following minimum durations: a. If the used motor vehicle…

56:8-7. Self-incrimination; exemption from prosecution or punishment If any person shall refuse to testify or produce any book, paper or other document in any proceeding under this act for the reason that the testimony or evidence, documentary or otherwise, required of him may te…

56:8-70. Written warranty; requirements of dealer 4. The written warranty shall require the dealer, upon failure or malfunction of a covered item during the term of the warranty, to correct the malfunction or defect, provided the used motor vehicle is delivered to the dealer, at …

56:8-71. Dealer's failure to correct defect 5. a. If, within the periods specified in section 3 of this act, the dealer or his agent fails to correct a material defect of the used motor vehicle, after a reasonable opportunity to repair the used motor vehicle, the dealer shall rep…

56:8-72. Term of warranty extended for repairs 6. The term of any written warranty offered by a dealer in connection with the sale of a used motor vehicle shall be extended by any time period during which the used motor vehicle is waiting for the dealer or his agent to begin or c…

56:8-73. Waiver of dealer's obligation to provide warranty 7. Notwithstanding any provision of this act to the contrary, a consumer, as a result of a price negotiation for the purchase of a used motor vehicle with over 60,000 miles, may elect to waive the dealer's obligation to p…

56:8-74. Warranty given as a matter of law 8. If a dealer fails to give a written warranty required by this act, the dealer nevertheless shall be deemed to have given the warranty as a matter of law, unless a waiver has been signed by the consumer in accordance with section 7 of …

56:8-75. Remedies, rights preserved 9. Nothing in this act shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law. L.1995,c.373,s.9.

56:8-76. Nonapplicability of act 10. The provisions of sections 3, 4, and 5 shall not apply to: any used motor vehicle sold for less than $3,000; any used motor vehicle over seven or more model years old; any used motor vehicle which has been declared a total loss by an insurance…

56:8-77. Bond to assure compliance 11. To assure compliance with the requirements of this act, 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 th…

56:8-78. Rules, regulations 12. The Director shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the purposes of this act. L.1995,c.373,s.12.

56:8-79. Consumer awareness program required 13. The director shall implement a consumer awareness program which shall advise consumers of the requirements, protections and benefits provided by this act, within 120 days following enactment of this act. L.1995,c.373,s.13.

56:8-8. Injunction against unlawful practices; appointment of receiver; additional penalties Whenever it shall appear to the Attorney General that a person has engaged in, is engaging in or is about to engage in any practice declared to be unlawful by this act he may seek and obt…

56:8-80. Administrative fee established 14. The director may establish an administrative fee, to be paid by the consumer, in order to implement the provisions of this act, which fee shall be fixed at a level not to exceed the cost for the administration and enforcement of this ac…

56:8-80.1 Prohibited sales of tires; violations, penalties. 1. a. A person shall not sell at retail, or offer for sale at retail, to the general public any tire intended for use on a motor vehicle if the tire: (1) has a tread depth of less than 1/16 inch measurable in any groove;…

56:8-81. Short title 1. This act shall be known and may be cited as the "Industrial Hygienist Truth in Advertising Act." L.1996,c.130,s.1.

56:8-82. Findings, declarations relative to industrial hygiene 2. The Legislature finds and declares that it is necessary to provide assurance to the public that individuals who represent themselves as being involved in the profession of industrial hygiene have met certain qualif…

56:8-83. Definitions relative to industrial hygiene 3. As used in this act: "Accredited college or university" means a college or university that is accredited by one of the following six regional accrediting agencies: Middle States Association of Colleges and Schools, New Englan…

56:8-84. Unlawful practices 4. a. It shall be an unlawful practice for any person to advertise or hold himself out as a certified industrial hygienist in training or "CIHIT", or as a certified industrial hygienist or "CIH", unless that person is certified by an industrial hygiene…