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

56:7-18. Short title This act shall be known and may be cited as the "Unfair Cigarette Sales Act of 1952." L.1952, c. 247, p. 822, s. 1.

56:7-19. Definitions The following words, terms and phrases, when used in this act, shall have the meaning ascribed to them in this section except where the context clearly indicates a different meaning; a. "Person" shall mean and include any individual, firm, association, compan…

56:7-20 Violations by retailer, wholesaler, distributor. 3. It shall be unlawful and a violation of this act: a. For any retailer, wholesaler or distributor with intent to injure competitors or destroy or substantially lessen competition-- (1) to advertise, offer to sell, or sell…

56:7-21. "Cost to the retailer" defined a. The term "cost to the retailer" shall mean the "basic cost of cigarettes" to the retailer plus the "cost of doing business by the retailer," as evidenced by the standards and methods of accounting regularly employed by him in his allocat…

56:7-22. "Cost to the wholesaler" defined a. The term "cost to the wholesaler" shall mean the "basic cost of cigarettes" to the wholesaler plus the "cost of doing business by the wholesaler," as evidenced by the standards and methods of accounting regularly employed by him in his…

56:7-23. Advertisements, offers for sale or sales involving two or more items In all advertisements, offers for sale or sales involving two or more items, at least one of which items is cigarettes, at a combined price, and in all advertisements, offers for sale, or sales, involvi…

56:7-24. Sales by wholesaler to another wholesaler When one wholesaler sells cigarettes to any other wholesaler, the former shall not be required to include in his selling price to the latter, "cost to the wholesaler," as provided by section five of this act, except that no such …

56:7-25. Provisions inapplicable when The provisions of this act shall not apply to sales at retail or sales at wholesale made (a) as an isolated transaction and not in the usual course of business; (b) where cigarettes are advertised, offered for sale, or sold in bona fide clear…

56:7-26. Sales to meet price of competitor a. Any retailer may advertise, offer to sell, or sell cigarettes at a price made in good faith to meet the price of a competitor who is selling the same article at cost to him as a retailer as prescribed in this act. Any wholesaler may a…

56:7-27. 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.1952, c. 247, p. 828, s. 10.

56:7-28. Determination of cost to retailer or cost to wholesaler; evidence a. In determining "cost to the retailer" and "cost to the wholesaler" the Director or a court shall receive and consider as bearing on the bona fides of such cost, evidence tending to show that any person …

56:7-29. Sales outside ordinary channels; invoice price may not be used In establishing the cost of cigarettes to the retailer or wholesaler, the invoice cost of said cigarettes purchased at a forced, bankrupt, or closeout sale, or other sale outside of the ordinary channels of t…

56:7-30. Cost survey as evidence Where a cost survey, pursuant to recognized statistical and cost accounting practices, has been made for the trading area in which the offense is committed, to establish the lowest "cost to the retailer" and the lowest "cost to the wholesaler," sa…

56:7-31. Rules and regulations The director may adopt rules and regulations for the enforcement of this act and he is empowered to and may undertake a "cost survey" as provided for in section thirteen of this act. L.1952, c. 247, p. 829, s. 14.

56:7-32. Action to enjoin 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 person …

56:7-33. Suspension, revocation of license a. In addition to the provisions of section 3 and section 15 of this act, the director is empowered to suspend or revoke the license or any licenses of any person, licensed under the provisions of the "Cigarette Tax Act," P.L. 1948, c. 6…

56:7-34. Sales during suspension or revocation of license prohibited; disciplinary proceedings No person whose license has been suspended or revoked shall sell cigarettes or permit cigarettes to be sold during the period of such suspension or revocation on the premises occupied, …

56:7-35. Review of order of suspension or revocation 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 Superior Court by proceed…

56:7-36. Enforcement of act 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 Revised Statutes, the director may, within th…

56:7-37. Powers available All of the powers vested in the Director of the Division of Taxation by the provisions of the "Cigarette Tax Act," aforesaid, shall be available to the said Director in the enforcement of this Unfair Cigarette Sales Act. L.1952, c. 247, p. 831, s. 20.

56:7-38. Severability; 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 d…

56:8-1 Definitions. 1. (a) The term "advertisement" shall include the attempt directly or indirectly by publication, dissemination, solicitation, indorsement or circulation or in any other way to induce directly or indirectly any person to enter or not enter into any obligation o…

56:8-1.1 Temporary help services; inclusion within definition of merchandise; rules, regulations; fees, charges on firms; transport of workers regulated. 14. Services provided by a temporary help service firm shall constitute services within the term "merchandise" pursuant to P.L…

56:8-1.2 Unlawful withholding of diversion of wages by temporary help service firm; penalty. 1. It shall be an unlawful practice for a temporary help service firm, as the term is used in P.L.1960, c.39 (C.56:8-1 et seq.), section 14 of P.L.1981, c.1 (C.56:8-1.1) and P.L.1989, c.3…

56:8-10. Claims against persons acquiring money or property by unlawful practices Subject to an order of the court terminating the business affairs of any person after receivership proceedings held pursuant to this act, the provisions of this act shall not bar any claim against a…

56:8-100 Posting of information by dealer representing food to be halal. 3. a. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal, shall disclose the basis upon which that representation is made by posting the information required by …

56:8-101 Reliance on representation, good faith, defense. 4. Any person subject to the requirements of section 3 of this act shall not have committed an unlawful practice if it can be shown by a preponderance of the evidence that the person relied in good faith upon the represent…

56:8-102 Possession of food implies intent to sell. 5. Possession by a dealer of any food not in conformance with the disclosure required by section 3 of this act with respect to that food is presumptive evidence that the person is in possession of that food with the intent to se…

56:8-103 Compliance required by dealer in regard to food represented as halal. 6. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal shall comply with all requirements of the director, including, but not limited to, recordkeeping, lab…

56:8-104 Definitions relative to certain loans for senior citizens. 1. For the purposes of this act: "Home solicitation" means any transaction made at the consumer's primary residence, except those transactions initiated by the consumer. A consumer response to an advertisement is…

56:8-105 Certain home improvement loans unlawful. 2. It shall be an unlawful practice for a person to make a home solicitation of a consumer who is a senior citizen where a loan is made encumbering the primary residence of that consumer for the purposes of paying for home improve…

56:8-106 Immunity from liability for third party, exception. 3. A third party shall not be liable for an unlawful practice under section 2 of this act unless there was an agency relationship between the person who engaged in the home solicitation and the third party. L.2000,c.125…

56:8-107 Findings, declarations relative to excessive price increases at certain times. 1. The Legislature finds and declares that during emergencies and major disasters, including, but not limited to, earthquakes, fires, floods or civil disturbances, some merchants have taken un…

56:8-108 Definitions relative to excessive price increases at certain times. 2. As used in this act: "Excessive price increase" means a price that is excessive as compared to the price at which the consumer good or service was sold or offered for sale by the seller in the usual c…

56:8-109 Unlawful practice to sell merchandise at excessive price during emergency. 3. It shall be an unlawful practice for any person to sell or offer to sell within 30 days after the declaration of a state of emergency, or for such other period of time as the Governor may speci…

56:8-11. Costs in actions or proceedings brought by attorney general In any action or proceeding brought under the provisions of this act, the Attorney General shall be entitled to recover costs for the use of this State. L.1960, c. 39, p. 142, s. 11.

56:8-110 Gift certificate, card, validity, terms, required; definitions. 1. a. A gift certificate or gift card sold after the effective date of this amendatory act shall retain full unused value until presented in exchange for merchandise, or shall have any and all conditions and…

56:8-110.1 Gift card fraud; detection, prevention; employee training; definitions. 1. a. Every retail mercantile establishment in this State that displays gift cards for sale shall train employees on how to identify and respond to gift card fraud. A retail mercantile establishmen…

56:8-110.2 Guidelines from the Division of Consumer Affairs. 2. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, in consultation with the Attorney General, shall issue guidelines concerning the detection and prevention of gift card frau…

56:8-110.3 Division of Consumer Affairs, Internet notice, gift card scam information. 10. a. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall create and make available on its Internet website a notice to customers of retail mercant…

56:8-111 Rules, regulations. 2. The Director of the Division of Consumer Affairs in the Department of Law and Public Safety shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this act. L.…

56:8-112 Violations deemed unlawful practice. 3. It is an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) to violate the provisions of this act. L.2002,c.14,s.3.

56:8-113. Short title 1. This act shall be known and may be cited as the "Safety Professional Truth in Advertising Act." L.2002,c.50,s.1.

56:8-114. Findings, declarations realtive to qualification of safety professionals 2. The Legislature finds and declares that it is necessary to provide assurance to the public that individuals holding any safety certification have met certain qualifications. L.2002,c.50,s.2.

56:8-115 Definitions relative to qualifications of safety professionals 3. As used in this act: "Safety profession" means the science and art concerned with the preservation of human and material resources through the systematic application of principles drawn from such disciplin…

56:8-116 Certification by safety professional certification organization required 4. It shall be an unlawful practice for any person to advertise or hold himself out as possessing a professional safety certification from a safety professional certification organization unless tha…