N.J. Admin. Code § 7:26H-5.22

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:26H-5.22 - Vehicles used to transport food not to be used to transport solid waste; exceptions and penalties

(a) Except as provided in (b), (c) or (d) below, no vehicle, including any truck, trailer or other haulage vehicle other than a truck tractor, utilized for the transportation of solid waste in this State, shall be subsequently utilized for the transportation of fresh food or fresh food products, including meat, poultry, produce or other non-processed fresh food products intended for sale for human consumption. The presence of refrigeration equipment in a vehicle shall be prima facie evidence that the vehicle is used for the transportation of fresh food or fresh food products, unless the vehicle is lawfully registered, equipped and operated for the transportation of medical waste.

(b) No vehicle which is registered pursuant to State solid waste laws and regulations for lawful solid waste transportation activities in this State shall be utilized for the transportation of fresh food or fresh food products, including meat, poultry, produce or other non-processed fresh food products intended for sale for human consumption, unless that vehicle has been appropriately cleaned and sanitized in accordance with rules adopted by the Department, after consultation with the Department of Health and Senior Services, prior to any use for the transportation of fresh food or fresh food products.

(c) The provisions of this section shall not apply to any vehicles utilized for the transportation of source separated recyclable materials as defined at N.J.S.A. 13:1E-99.12.

(d) A vehicle, including any truck, trailer or other haulage vehicle other than a truck tractor, owned or operated by any person engaging in the transportation of fresh produce intended for human consumption, may be utilized for the transportation of vegetative waste material generated from the fresh produce that was transported in that vehicle if the vegetative waste material is transported without delay to a vegetative waste composting facility.

(e) Any owner or operator who knowingly violates the provisions of 48:13A-12.1 is guilty of a crime of the third degree.

(f) The provisions of N.J.S.A 2C:43-3 to the contrary notwithstanding, any person convicted of a violation of the provisions of 48:13A-12.1 is subject to a fine of not less than $ 7,500 for a first offense, not more than $ 10,000 for a second offense and not more than $ 25,000 for a third and every subsequent offense. Each day during which the violation continues constitutes an additional, separate and distinct offense.

(g) If a person is convicted of a violation of the provisions of 48:13A-12.1, the court shall, in addition to the penalties provided under that statute, require the person to perform community service for a term of not more than 90 days, and the person shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than six months nor more than one year.

(h) All conveyances used or intended for use in the unlawful transportation of solid waste in violation of the provisions at N.J.S.A. 48:13A-12.1 are subject to forfeiture to the State pursuant to the provisions at N.J.S.A. 13:1K-1 et seq.

(i) A violation under this section is non-minor and, therefore, not subject to a grace period.

N.J. Admin. Code § 7:26H-5.22

New Rule, R.2002 d.356, effective 11/4/2002.
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
Amended by R.2006 d.343, effective 9/18/2006.
See: 37 N.J.R. 3130(a), 38 N.J.R. 3782(b).
Added (i).

Administrative Change, 55 N.J.R. 2003(a), effective 8/23/2023