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

56:4A-3. Customer's failure to take possession following notice; destruction If a customer does not take possession of the particular die, mold, or form within 120 days following the date the molder receives acknowledgement or nonacknowledgement of the return receipt of the notic…

56:4A-4. Rights of customers under federal patent or copyright law or law pertaining to unfair competition unaffected This act shall not be construed to affect the rights of customers under federal patent or copyright law, or any State or federal law pertaining to unfair competit…

56:4A-5. "Within 3 years following its last use" construed For purposes of this act, the term "within 3 years following its last use" shall be construed to include any period following the last prior use of any die, mold, or form regardless of whether or not the period precedes t…

56:4A-6 Molder's lien on dies, molds, forms or patterns. 1. A molder shall have a lien, dependent on possession, on all dies, molds, forms or patterns in the molder's hands belonging to a customer or owner, if the owner is different from the customer, for the balance due the mold…

56:4A-7 Molder's option to sell due to unpaid balance. 2. If a balance due the molder remains unpaid 60 days after payment is due, the molder may sell the die, mold, form or pattern, subject to any existing perfected security interest, at a public auction in the county where the …

56:4A-8 Notification to customer by molder before sale. 3. a. Before a molder may sell the die, mold, form or pattern, the molder shall notify the customer and, if the owner is different from the customer, the owner by certified mail, return receipt requested. The notice shall in…

56:4A-9 Sale prohibited if violation of federal patent, copyright law. 4. The sale of a die, mold, form or pattern shall not be made under this act if it is in violation of any right of a customer or owner, if the owner is different from the customer under federal patent or copyr…

56:5-1. Offenses in connection with electric storage batteries marked "rental" or with other word, mark, device or character When any electric storage battery has the word "rental" or any word, mark, device or character printed, painted, stamped, burned or otherwise placed upon o…

56:5-2. Failure to mark "rebuilt" assembled or rebuilt electric storage battery; misdemeanor Whoever assembles or rebuilds, in whole or in part, an electric storage battery for use on automobiles, out of secondhand or used material, such as containers, separators, plates, groups …

56:6-1. Definitions Words used in this act, unless otherwise expressly stated, or unless the context or subject matter otherwise requires, shall have the following meaning: "Person" shall mean and include natural persons and partnerships, firms, associations, joint stock companie…

56:6-10. Refusal to obey subpoena; compelling compliance If a person subpoenaed to attend any hearing under this act fails to appear, be examined or answer any question or produce any books, records, papers, vouchers, accounts or documents when subpoenaed so to do by the Director…

56:6-11. Assistant or deputy commissioner; civil service; continuous employment for 30 months The commissioner may appoint an assistant or a deputy to administer this act, and such other assistants as he may deem necessary, and may establish, equip and maintain one office at such…

56:6-12. Records kept by retailers, preservation 507. Every retail dealer shall keep such records as may be prescribed by orders, rules or regulations of the director and as may be necessary to the determination of whether or not such retail dealer has observed the provisions of …

56:6-12.1. Aboveground pumps, totalizer required when in operation 65. All aboveground pumps connected to storage tanks which are used to dispense fuels by a retail dealer or a seller of special fuels or a user of special fuels, as defined in chapter 39 of Title 54 of the Revised…

56:6-12.2. Ensuring integrity of totalizers, seals 66. The director or his assistants may, by the use of seals or sealing devices, ensure that totalizers or seals cannot be removed, altered, or manipulated. L.1992,c.23,s.66.

56:6-12.3. Interference with, failure to use totalizer, fourth degree crime 67. Any person who, without permission or authority and for the purpose of evading or circumventing any law of this State, alters, manipulates, replaces, or in any other manner tampers or interferes with …

56:6-13. Record of commissioner's official act; copies of rules, regulations, etc. The commissioner shall keep a record of all of his official acts and shall preserve copies of all rules, regulations, decisions and orders made by him. Copies of any rule, regulation, decision or o…

56:6-14. Suspension, revocation of license 509. The director may suspend or revoke the license held by any retail dealer for a violation of any of the provisions of this chapter, or on other reasonable ground or grounds, after five (5) days' notice of such proposed revocation or …

56:6-15. Enforcement expenses From and after January first, one thousand nine hundred and thirty-nine, the expenses of enforcing the provisions of this act shall be paid out of the moneys received under chapter thirty-nine of Title 54 of the Revised Statutes for license fees. L.1…

56:6-16. Separability of provisions If any of the provisions of this act or the application thereof to any person or circumstances be held invalid, such invalidity shall not affect the validity of other provisions or applications of this act, which can be given effect without the…

56:6-17. Title of Act This act shall be cited and referred to as "An act to regulate the retail sale of motor fuels." L.1938, c. 163, p. 372, art. VIII, s. 802.

56:6-19. Legislative declaration of policy (a) It is hereby declared that: The methods and practices of the distribution and sale of motor fuels in this State have developed unfair methods of competition in the marketing of motor fuels; such conditions have produced waste harmful…

56:6-2 Regulations relative to sale of motor fuels. 201. (a) Every retail dealer shall publicly display and maintain, in the manner regulated by the Director of the Division of Taxation, a sign stating the price per gallon if sold by the gallon, and per gallon and per liter if so…

56:6-2.1. Price signs to be displayed in accordance with act All signs relating to the price of motor fuel being sold or dispensed by a retail dealer shall be used and displayed in accordance with the provisions of this act and the act to which this is a supplement. L.1952, c. 25…

56:6-2.2. Price signs; display and maintenance Signs under the control of the retail dealer, stating the price of motor fuel for delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine, shall be displayed and maintained as provided for in…

56:6-2.3 Case for displaying prices; manner of stating prices. 3. No retail dealer shall sell or offer for sale any motor fuel without having a. attached by a suitable bracket or slot arrangement in a manner regulated by the Director of the Division of Taxation to each pump or ot…

56:6-2.4. No signs relating to prices to be posted except those authorized No sign stating or relating to the price of motor fuel and no signs designed or calculated to cause the public to believe that they state or relate to the price of motor fuel other than the signs provided …

56:6-2.5. Inconsistent acts superseded This act shall supersede any and all acts or parts of acts inconsistent herewith. L.1952, c. 258, p. 882, s. 5.

56:6-20. Short title This act shall be known and may be cited as the "Unfair Motor Fuels Practices Act." L.1953, c. 413, p. 2072, s. 2.

56:6-21. Definitions The following words, terms and phrases, when used in this act, shall have the meaning ascribed to them except where the context clearly indicates a different meaning: (a) "Distributor" or "refiner" or "supplier" means and includes every person, wherever resid…

56:6-22. Rebates, allowances and discounts; leases and contracts; discrimination in price; violations a misdemeanor It shall be unlawful and a violation of this act for any distributor, refiner, wholesaler or supplier, with intent to injure competitors or destroy or substantially…

56:6-23. Contracts in violation of act Any contract expressed or implied, made by any person in violation of any of the provisions of this act, is declared to be an illegal and void contract and no recovery thereon shall be had. L.1953, c. 413, p. 2074, s. 5.

56:6-24. Rules and regulations The director may adopt rules and regulations for the enforcement of this act. L.1953, c. 413, p. 2074, s. 6.

56:6-25. Action to restrain violation; action for damages (a) An action may be maintained in any court of equitable jurisdiction to prevent, restrain or enjoin a violation, or threatened violation, of any of the provisions of this act. Such an action may be instituted by any pers…

56:6-26. Suspension or revocation of license; reinstatement (a) In addition to the provisions of this act, the director is empowered to suspend or revoke the license or any licenses of any person, licensed under the provisions of R.S. 54:39-1, et seq. No such license or licenses …

56:6-27. Sale during suspension or revocation of license prohibited; disciplinary proceedings, bar or abatement of No person whose license has been suspended or revoked shall sell motor fuel or permit motor fuel to be sold during the period of such suspension or revocation on the…

56:6-28. Review of suspension or revocation or refusal to reinstate license Any determination by the director and any order of suspension or revocation of a license or licenses thereunder or refusal to reinstate a license or licenses after revocation shall be reviewable by the Su…

56:6-29. Enforcement of act; employment of inspectors and other personnel In order to effectuate the purposes of this act it shall be the duty of the director to carry out the enforcement provisions of this act. In accordance with the provisions of Title 11, Civil Service, of the…

56:6-3 Violations and penalties. 301. Every retail dealer who shall fail to post and publicly display, in the manner herein required, a sign stating the price per gallon, or per gallon and per liter, of all motor fuel sold by said retail dealer, or who shall sell motor fuel at a …

56:6-3.1 Sale of motor fuel during state of energy emergency. 1. Notwithstanding the provisions of section 201 of P.L.1938, c.163 (C.56:6-2) or any other law, rule, or regulation to the contrary, during a state of energy emergency, as declared by the Governor pursuant to section …

56:6-30. Powers available in enforcement of act All of the powers vested in the Director of the Division of Taxation by the provisions of R.S. 54:39-1, et seq., aforesaid, shall be available to the said director in the enforcement of this Unfair Motor Fuels Practices Act. L.1953,…

56:6-31. Partial invalidity The provisions of this act shall be deemed to be severable and if for any reason any provision shall be determined to be unconstitutional or invalid, such determination shall not be held to affect any other provision hereof. And no such determination s…

56:6-32. Effective date This act shall take effect July first, one thousand nine hundred and fifty-four. L.1953, c. 413, p. 2076, s. 14.

56:6-4. Procedure for collection of penalties 401. Procedure for collection of penalties The following procedure shall be followed in actions for the enforcement of penalties set forth in Article III of this act: (a) The said penalty shall be sued for in the name of the Director …

56:6-4.1. Weights and measures officers may recover penalties 6. a. The State Superintendent of Weights and Measures or any State, county, or municipal weights and measures officer may also recover penalties for violations of P.L.1938, c.163 (C.56:6-1 et seq.). The action shall b…

56:6-5. Disposition of penalties All moneys which shall be recovered as penalties under this act shall be paid by the commissioner to the State Treasurer to be transferred to the credit of the commissioner to defray the expenses of carrying into effect the provisions of this act.…