52:27D-141.24 Manufacturer to test product samples for compliance.
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/nj/title-52/chapter-27d/52-27d-141-24·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
7. a. A manufacturer of a product regulated pursuant to section 4 of this act shall annually test samples of its products in order to ensure compliance with the efficiency standards established therein.
b. A manufacturer of a product regulated pursuant to section 4 of this act shall annually certify to the commissioner that the product is in compliance with the provisions of this act.
c. A manufacturer of a product regulated pursuant to section 4 of this act shall identify that each product offered for sale in the State is in compliance with the provisions of this act by means of a mark, label, or tag on the product and packaging at the time of sale. An existing mark, label, or tag may be used to satisfy this requirement, provided that it clearly expresses that the product meets the applicable efficiency standard. A manufacturer shall include information about the mark, label, or tag used to comply with the provisions of this subsection in its annual certification to the commissioner required by subsection b. of this section.
d. With prior notice, the commissioner may periodically inspect distributors or retailers of new products regulated pursuant to this act in order to determine compliance with the provisions of this act.
e. The commissioner shall investigate complaints received concerning violations of this act. A manufacturer, distributor, retailer, or person who violates the provisions of this act shall be issued a warning by the commissioner for a first violation and shall be subject to a civil penalty of up to $1,000 for each subsequent offense. Third and subsequent violations shall be subject to a civil penalty of not more than $5,000 for each offense. Each violation shall constitute a separate offense, and each day that such violation continues shall constitute a separate offense.
The department may institute an action or proceeding in the Superior Court for injunctive and other relief for any violation of this act or of any rule or regulation adopted pursuant thereto, and the court may proceed in the action in a summary manner. Such relief may include prohibiting the person from selling or offering for sale the non-compliant product in the State.
f. In addition the penalties provided in subsection e. of this section, if a product regulated pursuant to this act is found not to be in compliance with the minimum efficiency standards established under this act, the commissioner shall issue a violation to the manufacturer of such product which shall subject the manufacturer to a civil penalty equal to twice the cost of product purchase and testing. The commissioner shall make information available to the public on products found not to be in compliance with the standards.
g. A civil penalty imposed pursuant to this section shall be collected in a summary manner under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). All monies collected by the department may be retained by the department for the costs of administering and enforcing the provisions of this act.
L.2021, c.464, s.7.