N.J. Admin. Code § 2:71-9.6

Current through Register Vol. 57, No. 1, January 6, 2025

Section 2:71-9.6 - Penalties

(a) Any person, firm, partnership, corporation, cooperative, or association who violates the provisions of this subchapter shall be subject to a penalty of not more than $ 100.00 for the first offense and a penalty of not less than $ 100.00 and not more than $ 200.00 for each subsequent offense, except for violations of N.J.S.A. 4:10-5, which penalty shall be $ 100.00. Whenever an offense involves false, misleading, or improper labeling of farm products, each package shall constitute a separate offense.

(b) In addition to the penalties set forth in (a) above, if the subsequent offense occurs in the same calendar year and involves the same licensee and the same licensed seafood commodity, the Department may revoke their license. Revocation of a license pursuant to this subsection does not prohibit a licensee from reapplying for a license for the next license year.

(c) Any person, firm, partnership, corporation, cooperative, or association licensed pursuant to N.J.A.C. 2:71-9.4(f) to transfer ownership of containers bearing the "Jersey Seafood" logo who transfers ownership in violation of this subchapter shall be subject to a penalty of no more than $ 100.00 for the first offense and revocation of their license for any subsequent offense.

(d) Orders for penalties or to enjoin continuing violations may be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999." The Superior Court and the Municipal Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999."

(e) The Division of Marketing and Development shall make an initial determination as to whether to revoke a license under this section.

(f) Any person, firm, partnership, corporation, cooperative or association aggrieved by the determination of the Division of Marketing and Development pursuant to this section or N.J.A.C. 2:71-9.4 shall be afforded an opportunity for a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Uniform Administrative Rules of Practice, N.J.A.C. 1:1, subject to the following:

1. All hearing requests must be in writing and received by the Department within 20 days of the license denial, notice of intent to revoke a license, or penalty notice;

2. Hearing requests shall be sent to:

New Jersey Department of Agriculture

Director, Division of Marketing and Development

P.O. Box 330

Trenton, New Jersey 08625; and

3. The State Board of Agriculture shall make a final determination as to whether to deny, revoke a license or impose a penalty following the Office of Administrative Law hearing.

N.J. Admin. Code § 2:71-9.6

Amended by R.2013 d.040, effective 2/19/2013.
See: 44 N.J.R. 2417(a), 45 N.J.R. 329(b).
Rewrote (a) and (d); and in (c), inserted a comma following "cooperative" and substituted "$ 100.00" for "$ 50.00".