New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
Subchapter 21 - REGULATIONS CONCERNING THE SALE OF FOOD REPRESENTED AS KOSHER
Section 13:45A-21.7 - Unlawful practices
Universal Citation: NJ Admin Code 13:45A-21.7
Current through Register Vol. 56, No. 18, September 16, 2024
(a) In addition to a violation of any other laws, the following shall constitute an unlawful practice under the Consumer Fraud Act, 56:8-1 et seq.:
1. Failure to comply with the disclosure
requirements of
13:45A-21.2;
2. Failure to comply with the filing
requirements of
13:45A-21.5;
3. Failure to conform sales practices with
the posted disclosures;
4. Failure
to conform posted disclosures with the disclosure filed with the
Division;
5. Use of any of the
following in the advertisement or sale of any food by a dealer that fails to
post or file the required disclosure or by a person not representing itself as
selling kosher food:
i. By direct statements,
orally or in writing, that the food sold is kosher or pareve;
ii. By display or by inscription on any food
or its package, container or contents, the word "kosher", "pareve", "Glatt" or
"rabbinical supervision" or similar expression, in any language, or by any
sign, emblem, insignia, six-pointed star, Menorah, symbol or mark in simulation
of the word kosher unless such inscription is on a properly sealed package;
or
iii. By display on any interior
or exterior sign, menu or otherwise, or by advertisement, either oral or in
writing, the words "kosher-style", "kosher-type", "Jewish", "Hebrew", "holiday
(Jewish) foods", "traditional (Jewish)", "Bar Mitzvah", "Bat Mitzvah" or other
similar words, either alone or in conjunction with the word "type", "style" or
other similar expression, unless there is clearly and conspicuously stated a
disclaimer in the same size type or letters in some prominent place or location
on the sign or menu or in the case of an advertisement in type no smaller than
the smallest type in the advertisement, and in no event less than 10-point
type, that the product or products offered for sale are not represented as
kosher.
(1) The disclaimer shall appear in a
box within the advertisement and shall be preceded with the word "NOTICE" or
other similar word, in not smaller than bold 14-point type.
(2) An advertisement that utilizes any kosher
symbol that also promotes the sale of non-kosher food is in violation of this
section unless there is clearly and conspicuously stated in the advertisement a
disclaimer in accordance with the requirement of this section, that some of the
food offered for sale is not represented to be kosher;
6. By advertising an establishment
as being under kosher supervision without including in the advertisement the
name of the supervising individual or agency;
7. By representing a food and/or an
establishment as being under kosher supervision when that food and/or
establishment is not in conformance with the requirements of that
supervision;
8. Use by any person
of a recognized kosher food symbol, including but not limited to OU, OK, Kof-K,
Triangle-K, Star-K, without first obtaining written authorization from the
person or agency represented by that symbol;
9. Use of the word(s) "kosher" or "pareve" or
a kosher symbol insignia or the letter(s) "K," "KM," "KP" or "KD," on properly
sealed packages that are not produced under kosher supervision, shall bear the
statement "not under kosher supervision" in bold type on the label;
10. Use of the letter "P" as part of a kosher
symbol on any product when that product is not represented as kosher for
Passover;
11. Possession by any
person, other than the manufacturer or packer at its premises, of kosher or
kosher for Passover identification bearing a kosher symbol, unless the
certifying entity of that symbol authorizes application of that symbol to that
product on that premise;
12.
Possession by any person of meat and/or poultry represented as having been
slaughtered to be sold as kosher, when that meat and/or poultry is not properly
identified with the slaughterhouse tag and/or plumba or the wholesaler's
tag;
13. Failure to comply with the
labeling requirements of
13:45A-21.3;
14. Failure to comply with the recordkeeping
requirements of
13:45A-21.4;
15. Failure to allow an inspector entry upon
the business premises of a dealer or to interfere in any way with an
inspection;
16. Failure to respond
in a timely fashion to an inquiry conducted by the Division;
17. Failure to attend any scheduled
proceeding as directed by the Division. In the event that a person elects to
retain counsel for the purpose of representation in any such proceeding, it
shall be the person's responsibility to do so in a timely fashion. The failure
of a person to retain counsel, absent a showing of good cause for such failure,
shall not require an adjournment of the proceeding;
18. Failure to answer any question pertinent
to an inquiry made pursuant to
56:8-3, or other applicable law,
unless the response is subject to a bona fide claim of privilege; or
19. Failure to make a proper and timely
response by way of appearance and/or production of documents to any subpoena
issued pursuant to
56:8-3 or as otherwise may be
provided by law.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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