N.J. Admin. Code § 2:52-2.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 2:52-2.1 - Notice of intent

(a) A dealer licensee may begin selling milk and milk products to an unlicensed store (other than a government agency) upon approval by the Director as follows:

1. With a two-week notice to the present supplier and to the Division of Marketing and Development. Such notice shall be filed by the proposed new supplier on forms provided for that purpose.

2. Without notice, if the Director finds after investigation, that the supplier(s) is failing to provide adequate service or to supply products desired by the store or is supplying milk and milk products which do not meet minimum standards of the appropriate health authority.

3. Without notice, if such change is mutually agreeable to all parties.

4. Without notice, if the unlicensed store account is changing ownership, and the new owner accepts two or less deliveries of milk and milk products from the supplier. (If the new owner accepts three or more deliveries of milk and milk products from the supplier, notice shall be required.) As used herein "changing ownership" must be a bona fide transfer of title to the new owner(s). Transfers of title to another member of the owner's immediate family or partial change of ownership shall not be considered a change of ownership for purposes of this regulation.

5. Without notice, if the authorized supplier transfers the account to another supplier; however, if the unlicensed store is notified in writing of the transfer and accepts three deliveries from the new supplier after the date the written notice is received by the unlicensed store, notice shall be required.

6. Without notice if yogurt is the only product involved.

(b) Approval to serve the unlicensed store may be denied if the Director determines through investigation that the offer violates the Milk Control Act or rules and regulations issued pursuant thereto. Also until the store pays all indebtedness, less any legal rebates and discounts earned, for milk and fluid milk products purchased from the previous supplier(s) approval to change supplier(s) shall be withheld.

(c) To provide an orderly flow of milk and milk products, all requests for assistance related to, but not limited to, this section must be filed with the Director of Marketing and Development within 30 days from date of last business transaction between the store and the previous supplier; and shall include the location of the store, amount in dispute, any attempted resolution and any other information necessary for a determination of compliance and/or the administration and enforcement of the applicable New Jersey statutes and rules.

N.J. Admin. Code § 2:52-2.1

As amended, R.1984 d.488, effective 11/5/1984.
See: 16 N.J.R. 2028(a), 16 N.J.R. 3004(b).
Deleted old (a)1; renumbered (a)2.-3. as (a)1.-2.; added new (a)3.
Amended by R.1985 d.75, effective 3/4/1985.
See: 16 N.J.R. 3071(a), 17 N.J.R. 576(a).
(a)4 added.
Amended by R.1985 d.335, effective 7/1/1985.
See: 17 N.J.R. 1012(a), 17 N.J.R. 1645(b).
(a)6 added.
Amended by R.2005 d.327, effective 10/17/2005.
See: 37 N.J.R. 1913(a), 37 N.J.R. 3968(a).
In (b), added "through investigation" following "Director determines"; added (c).