N.J. Admin. Code § 8:24-11.7
Current through Register Vol. 56, No. 12, June 17, 2024
Section 8:24-11.7 - Suspension, revocation, and/or denial of issuance or renewal of a permit; monetary penalties(a) A person or entity that violates any provision of this chapter or refuses to comply with a lawful order or direction of a health authority is liable for penalties as provided by N.J.S.A. 24:17-1et seq., and 26:1A-10, and/or injunctive action as provided by law.(b) The Department may impose a monetary penalty pursuant to N.J.S.A. 24:17-1et seq., and 26:1A-10, and/or suspend, revoke, and/or refuse to issue or renew, a Cottage Food Operator Permit, if the applicant or permit holder fails to comply with applicable provisions of this subchapter, Titles 24 and 26 of the Revised Statutes of New Jersey, and/or any other applicable rules or statutes, and/or if a health authority determines that the applicant or permit holder poses a threat to public health, safety, or welfare.1. The Department shall provide the applicant or permit holder notice of the monetary penalty, suspension, revocation, or denial of issuance or renewal, of a permit, and the reason for the action taken.(c) The Department may issue a summary suspension of the permit of a cottage food operator if the permit holder's continued operation poses an immediate or serious threat to public health, safety, or welfare. 1. The Department shall provide the permit holder notice of a summary suspension and the reason for the action taken.2. A summary suspension is effective as of the date of issuance.3. A cottage food operator whose permit the Department summarily suspends shall have the right to apply for emergency relief, as provided at N.J.A.C. 8:24-11.8.(d) If a person, entity, or cottage food operator operates as a cottage food operator without a valid permit issued by the Department, fails or refuses to comply with an order of a health authority, poses a threat to public health, safety, and welfare, and/or engages in activity that is violative of applicable provisions of Titles 24 and 26 of the Revised Statutes of New Jersey and/or this chapter, the Department may: 1. Issue an order requiring the person, entity, or cottage food operator to cease and desist operations;2. Take action in the New Jersey Superior Court against the person, entity, or cottage food operator to enjoin its operations;3. Confiscate, condemn, seize, sell, destroy, detain, and/or embargo articles of food in accordance with N.J.S.A. 24:1-1et seq., especially 24:4-1 et seq.; and/or4. Impose monetary penalties pursuant to N.J.S.A. 24:17-1et seq., and 26:1A-10.(e) A monetary penalty that the Department imposes pursuant to N.J.S.A. 24:17-1.1et seq., and/or 26:1A-10, shall become due 45 days after the deadline to file an appeal has ended. 1. If an applicant for a Cottage Food Operator Permit or a permit holder files an appeal with the Department, then the monetary penalty shall become due in accordance with N.J.A.C. 8:24-11.8(b).(f) Failure to pay a monetary penalty when it becomes due pursuant to (e) above and/or N.J.A. C. 8:24-11.8(b) may result in one or more of the following actions being imposed on the applicant for a cottage food operator permit or the permit holder: 1. Institution of a summary civil proceeding by the State, pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1et seq.;2. The Department's denial of, or refusal to issue, a permit or a permit renewal; and/or3. Revocation of an existing permit.N.J. Admin. Code § 8:24-11.7
Adopted by 53 N.J.R. 1711(a), effective 10/4/2021