N.J. Stat. tit. 56, ch. 3

N.J. Stat. tit. 56, ch. 3
in effect

N.J. Stat. § 56:3-13a Purpose of act, construction

16. This 1995 amendatory and supplementary act is intended to provide a system of State trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the federal Trademark Act of 1946, 15 U.S.C. s.1051 et seq. The interpretation and construction of the federal Trademark Act of 1946 shall be examined as persuasive authority for the interpretation and construction of this 1995 amendatory and supplementary act. L.1995,c.171,s.16.

N.J. Stat. § 56:3-13.1a Definitions relative to trademarks

1. As used in this act: "Abandoned," when used with reference to a mark, means the occurrence of either of the following: (1) When its use has been discontinued with intent not to resume that use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years shall constitute prima facie evidence of abandonment. (2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark. "Act" means and refers to P.L.1966, c.263 (C.56:3-13.2 et seq.) as amended and supplemented by: P.L.1971, c.171 (C.56:3-13.7a); P.L.1987, c.454 (C.56:3-13.16 et seq.); and P.L.1995, c.171 (C.56:3-13.1a et al.). "Applicant" means the person filing an application for registration of a mark under this act, and the legal representatives, successors, or assigns of that person. "Dilution" means the lessening of the capacity of the registrant's mark to identify and distinguish goods or services, regardless of the presence or absence of competition between the parties, or the likelihood of confusion, mistake, or deception. "Mark" means any trademark or service mark entitled to registration under this act, whether registered or not. "Owner" means a person who has legal rights to a mark either as a result of registration or at common law. "Person" means a natural person, and also includes a firm, partnership, corporation, union, association, or other organization capable of suing and being sued in a court of law. "Registrant" means the person to whom the registration of a mark under this act is issued, and the legal representatives, successors, or assigns of that person. "Secretary" or "Secretary of State" means the Secretary of State of New Jersey or the designee of the secretary charged with the administration of this act. "Service mark" means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the services of one person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Service mark includes titles, character names used by a person, and other distinctive features of radio or television programs, notwithstanding that they, or the programs, advertise the goods of the sponsor. "Trademark" means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the goods of the person, including a unique product, from those manufactured and sold by others, and to indicate the source of the goods, even if that source is unknown. "Trade name" means any name used by a person to identify a business or vocation of the person. "Use" means the bona fide use of a mark in the ordinary course of trade in this State, and not made merely to reserve a right in a mark. A mark shall be deemed to be in use: (1) on goods when it is placed in any manner on the goods or their containers, or the displays associated with the goods or containers, or on the tags or labels affixed to the goods or containers, or if the nature of the goods makes placement impracticable, then on the documents associated with the goods or their sale, and the goods are sold or transported in commerce in this State; and (2) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this State. L.1995,c.171,s.1.

N.J. Stat. § 56:3-13.2 Registrability

2. Registrability. A mark by which the goods or services of an applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (a) consists of or comprises immoral, deceptive or scandalous matter; or (b) consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or (c) consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or (d) consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual's written consent; or (e) consists of a mark which, (1) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them, or (2) when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them, or (3) is primarily merely a surname; provided, however, that nothing in this subsection (e) shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The Secretary of State may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this State for the five years before the date on which the claim of distinctiveness is made; or (f) consists of or comprises a mark which so resembles a mark registered in this State or a mark or trade name previously used in this State by another and not abandoned or dissolved, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive. L.1966,c.263,s.2; amended 1995,c.171,s.2.

N.J. Stat. § 56:3-13.3 Application for registration

3. Application for registration. Subject to the limitations set forth in this act, any person who uses a mark may file in the office of the Secretary of State, in a manner complying with the requirements of the Secretary of State, an application for registration of that mark setting forth, but not limited to, the following information: (a) the name and business address of the person applying for registration; and, if a corporation the state of incorporation, or, if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the Secretary of State; (b) the goods or services on or in connection with which the mark is used and the mode or manner in which the mark is used on or in connection with such goods or services and the class in which such goods or services fall; (c) the date when the mark was first used anywhere and the date when it was first used in this State by the applicant or a predecessor in interest; and (d) a statement that the applicant is the owner of the mark, that the mark is in use, and that, to the knowledge of the person verifying the application, no other person has registered the mark, either with the United States Patent and Trademark Office or with the Secretary of State, or has the right to use such mark either in the identical form thereof or in such near resemblance thereto as to be likely, when used on or in connection with the goods or services of such other person, to cause confusion, or to cause mistake, or to deceive. The Secretary of State may require a statement as to whether an application to register the mark, or portions of a composite of the mark, has been filed by the applicant or a predecessor in interest in the United States Patent and Trademark Office; and, if so, the applicant shall provide the Secretary of State with information regarding any application, including the filing date and serial number of each application, the status of each application and, if any application was refused registration or has otherwise not resulted in a registration, the reasons for the refusal or for the application not resulting in registration. The application shall be typed and prepared on 8-1/2" x 11" bond paper, or prepared using any other means approved by the Secretary of State. The Secretary of State shall also require that a drawing of the mark, complying with requirements that the Secretary of State may specify, accompany the application. The application shall be signed and verified by oath, affirmation or declaration subject to punishment for perjury, by the applicant or by a member of the firm or an officer of the corporation or association applying. The application shall be accompanied by three specimens showing the mark as actually used. The application shall be accompanied by an application fee established by and payable to the Secretary of State. L.1966,c.263,s.3; amended 1971,c.171,s.1; 1982,c.52,s.8; 1987,c.435,s.22; 1995,c.171,s.3.

N.J. Stat. § 56:3-13.3a Examination of applications, procedures

11. a. Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for conformity with the requirements of this act. b. The applicant shall provide any additional pertinent information requested by the secretary, including a description of a design mark, and may make, or authorize the secretary to make, any amendments to the application that may be reasonably requested by the secretary or deemed by the applicant to be advisable to respond to any rejection or objection. c. The secretary may require the applicant to disclaim an unregistrable component of a mark otherwise registrable, and an applicant may voluntarily disclaim a component of a mark sought to be registered. The disclaimer shall not prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or the applicant's or registrant's rights of registration on another application if the disclaimed matter is or becomes distinctive of the applicant's or registrant's goods or services. d. Amendments may be made by the secretary to the application submitted by the applicant upon the applicant's agreement; or the secretary may require submission of a fresh application. e. If the applicant is found not to be entitled to registration, the secretary shall notify the applicant and shall advise the applicant of the reasons for the denial of registration. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall then be reexamined. This procedure may be repeated until: (1) the secretary finally refuses registration of the mark; or (2) the applicant fails to reply or amend within the specified period, in which case the application shall be deemed to have been abandoned. f. If the secretary finally refuses registration of the mark, the applicant may seek a review in accordance with the procedures set forth in section 14 of P.L.1995, c.171 (C.56:3-13.3b). g. In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in order of filing. If a prior-filed application is granted a registration, any other application for the same or confusingly similar marks shall be rejected. A rejected applicant may bring an action for cancellation of the registration of the same or confusingly similar mark upon grounds of prior or superior rights to the mark, in accordance with the provisions of subsection b. of section 14 of P.L.1995, c.171 (C.56:3-13.3b). L.1995,c.171,s.11.

N.J. Stat. § 56:3-13.3b Review of registration decisions, procedure

14. a. An applicant or registrant shall have the right of appeal solely on the record to an administrative law judge designated by the Office of Administrative Law or to the Superior Court in Mercer County as follows: (1) The grounds shall include: (a) any decision by the Secretary of State refusing registration or renewal of an existing registration, or; (b) the failure of the Secretary of State to update the register of marks in the manner provided by section 8 of P.L.1966, c.263 (C.56:3-13.8). (2) An appeal shall not be taken until a formal request for reconsideration of the action at issue has been filed and denied by the Office of the Secretary of State. (3) A notice of intent to appeal shall be filed with the Secretary of State at least 10 days prior to the taking of any appeal. (4) An appeal may be taken by filing a complaint with the designated administrative law judge or with the Superior Court in Mercer County requesting equitable relief for the grounds on which the appeal is made. No money damages or costs shall be awarded if the requested relief is granted. (5) A copy of the complaint shall be served on the Secretary of State, and the Secretary of State shall have the right to elect to intervene and defend, oppose or otherwise participate in the appeal. (6) The Secretary of State shall promulgate the fees and charges for the appeal, which fees and charges shall be the same as that for other appeals, to an administrative law judge or to the New Jersey Superior Court. b. Where grounds exist for cancellation as provided in section 8 of P.L.1966, c.263 (C.56:3-13.8), and the Secretary of State has not cancelled the mark, a third party with standing may, by petition to the Secretary of State, move to have the registration declared void and removed from the register of marks of record by acting as follows: (1) A petition to cancel shall be filed with the Secretary of State, which shall state the facts in support of the petition, and shall be accompanied by a fee established by the Secretary of State. (2) A copy of the petition shall be served on the registrant or the owner of the mark by certified mail, return receipt requested, and notice of the service shall be filed with the Secretary of State. (3) The registrant or owner shall have 20 days from receipt of the petition within which to respond to the petition, providing evidence in support of the objection to the cancellation. The Secretary of State may provide an extension of time for the response. (4) In the event that the registrant or owner files no objection to the cancellation, or in the event that grounds for cancellation are clear on the record, the Secretary of State shall order cancellation. In the event that the Secretary of State denies cancellation, the petitioner shall have a right of appeal to the designated administrative law judge or to the Superior Court in Mercer County in accordance with the procedures set forth in paragraphs (4), (5) and (6) of subsection a. of this section. (5) Upon service of a copy of the complaint on the Secretary of State, the Secretary of State shall have the right to elect to intervene and defend, oppose or otherwise participate in the appeal. c. In any action brought against a nonresident registrant under this section, service may be effected in accordance with the procedures established for service upon nonresident corporations and business entities as provided in Rule 4:4-4(c) of the Rules Governing the Courts of the State of New Jersey, or any amendment to that rule. L.1995,c.171,s.14.

N.J. Stat. § 56:3-13.4 Certificate of registration

4. Certificate of registration. Upon compliance by the applicant with the requirements of this act, the Secretary of State shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the Secretary of State and the Seal of the State, and it shall show the name and business address and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the Secretary of State, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this State, the class of goods or services and a description of the goods or services on or in connection with which the mark is used, a reproduction of the mark, the registration date and the term of the registration. Any certificate of registration issued by the Secretary of State under the provisions of this act or a copy of a certificate of registration duly certified by the Secretary of State shall be admissible in evidence as competent and sufficient proof of the registration of the mark in any action or judicial proceedings in any court of this State. L.1966,c.263,s.4; amended 1971,c.171,s.2; 1987,c.435,s.23; 1995,c.171,s.4.

N.J. Stat. § 56:3-13.5 Duration and renewal

5. Duration and renewal. Registration of a mark with the Secretary of State shall be effective for a term of five years from the date of registration and, upon application filed within six months prior to the expiration of the term, in a manner complying with the requirements of the Secretary of State, the registration may be renewed for a like term from the end of the expiring term. A renewal fee in an amount established by and payable to the Secretary of State, shall accompany the application for renewal of the registration. A mark registration may be renewed for successive periods of five years in like manner. Any registration in force on the effective date of P.L.1995, c.171 (C.56:3-13.1a et al.) shall continue in full force and effect for the unexpired term of the registration, and may be renewed by filing an application for renewal with the Secretary of State complying with the requirements of the Secretary of State and paying the renewal fee established by the Secretary of State within six months prior to the expiration of the registration. All applications for renewal shall include a verified statement that the mark has been and is still in use and shall include a specimen showing actual use of the mark on or in connection with the goods or services. L.1966,c.263,s.5; amended 1971,c.171,s.3; 1982,c.52,s.9; 1987,c.435,s.24; 1995,c.171,s.5.

N.J. Stat. § 56:3-13.6 Assignment, other instruments

6. Assignment, other instruments. a. Any mark and its registration or application for registration shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and shall be recorded with the Secretary of State upon the payment of the recording fee payable to the Secretary of State. An assignment of any registration under this act shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is filed for recording with the Secretary of State within 20 days after the date of the assignment or prior to the subsequent purchase or transfer. b. Other instruments which relate to a mark registered or application pending pursuant to this act, including, but not limited to, a change of owner name, shall be recorded by the Secretary of State upon the payment of the recording fee established by and payable to the Secretary of State, provided that the instrument is in writing and executed by the applicant or registrant. Instruments recordable under the provisions of the Uniform Commercial Code, such as security interests and mortgages, and their recordation, shall continue to be governed by and recorded under the provisions of the Uniform Commercial Code. c. Acknowledgement by the assignee or transferee shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the Secretary of State, the record shall be prima facie evidence of execution. d. A photocopy of any instrument referred to in subsections a. and b. of this section shall be accepted for recording if it is certified by any of the parties to the instrument, or their successors, to be a true and correct copy of the original. L.1966,c.263,s.6; amended 1971,c.171,s.4; 1982,c.52,s.10; 1987,c.435,s.25; 1995,c.171,s.6.

N.J. Stat. § 56:3-13.7 Records

7. Records. The Secretary of State shall keep for public examination a record of all marks registered or renewed under this act and applications for registration of a mark, and all documents recorded pursuant to section 6 of P.L.1966, c.263 (C.56:3-13.6). The Secretary of State shall provide copies of these records to the public upon payment of a fee established by and payable to the Secretary of State. L.1966,c.263,s.7; amended 1995,c.171,s.7.

N.J. Stat. § 56:3-13.7a Certificate of availability

Upon request of any person, the Secretary of State shall issue upon the payment of a fee of $25.00 a certificate of availability of a mark (one to three marks). L. 1971, c. 171, s. 5; amended 1982,c.52,s.11; 1987,c.435,s.26.

N.J. Stat. § 56:3-13.8 Cancellation

8. Cancellation. The Secretary of State shall cancel from the register: (a) after one year from the effective date of this act, all registrations under prior acts which are more than 10 years old and not renewed in accordance with this act; (b) any registration concerning which the Secretary of State shall receive a voluntary request for cancellation thereof from the registrant or the assignee of record; (c) all registrations granted under this act and not renewed in accordance with the provisions of this act; (d) any registration concerning which a federal court of competent jurisdiction or a court of competent jurisdiction in this State shall find: (1) that the registered mark has been abandoned; (2) that the registrant is not the owner of the mark; (3) that the registration was granted contrary to the provisions of section 2 of P.L.1966, c.263 (C.56:3-13.2); (4) that the registration was obtained fraudulently; (5) that the registered mark is so similar, as to be likely to cause confusion or mistake or to deceive, to a mark registered by another person in the United States Patent and Trademark Office, prior to the date of the filing of the application for registration by the registrant under this act, and not abandoned; provided, however, that should the registrant prove that he is the owner of a concurrent registration of his mark in the United States Patent and Trademark Office covering an area including this State, the registration under this act shall not be canceled; (6) that the mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered. (e) when a federal court of competent jurisdiction or a court of competent jurisdiction in this State shall order cancellation of a registration on any ground. L.1966,c.263,s.8; amended 1995,c.171,s.8.

N.J. Stat. § 56:3-13.9a Establishment of classification of goods, services

12. The secretary shall by regulation establish a classification of goods and services for convenience of administration of this act, but which shall not limit or extend the applicant's or registrant's rights, and a single application for registration of a mark may include any or all goods or services on or in connection with which the mark is actually being used, indicating the appropriate class or classes of goods or services. When a single application includes goods or services which fall within multiple classes, the secretary shall require payment of a fee for each class. The classification of goods and services shall conform to the classification adopted by the United States Patent and Trademark Office pursuant to 15 U.S.C. s.1112. L.1995,c.171,s.12.

N.J. Stat. § 56:3-13.10 Fraudulent registration

10. Fraudulent registration. Any person who shall for himself or herself, or on behalf of any other person, procure the filing or registration of any mark in the office of the Secretary of State under the provisions of this act, by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means, shall be liable to pay all damages sustained in consequence of the filing or registration, to be recovered by or on behalf of the injured party in any court of competent jurisdiction. L.1966,c.263,s.10; amended 1995,c.171,s.9.

N.J. Stat. § 56:3-13.13 Common law rights

Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time at common law. L.1966, c. 263, s. 13.

N.J. Stat. § 56:3-13.14 Severability

If any provision hereof, or the application of such provision to any person or circumstance is held invalid, the remainder of this act shall not be affected thereby. L.1966, c. 263, s. 14.

N.J. Stat. § 56:3-13.15 Repeal

Sections 56:3-1 to 56:3-13 of the Revised Statutes are repealed, except that as to any suit, proceeding or appeal, and for that purpose only, pending at the time this act takes effect such repeal shall be deemed not to be effective until final determination of said pending suit, proceeding or appeal. L.1966, c. 263, s. 15.

N.J. Stat. § 56:3-13.16 Action for trafficking in counterfeit marks; remedies.

2. a. Subject to the provisions of section 13 of P.L.1966, c.263 (C.56:3-13.13), and with respect to a mark registered pursuant to this act and a mark protected at common law, any person who engages in the conduct specified in paragraphs (1) and (2) of this subsection shall be liable in a civil action by the owner or the designee of the owner of the mark for any or all of the remedies provided in subsections d., e. and f. of this section, except that under paragraph (2) of this subsection, the owner or designee shall not be entitled to recover profits or damages unless the conduct has been committed with the intent to cause confusion or mistake or to deceive. (1) The use, without consent of the owner or designee, of any reproduction, counterfeit, copy, or colorable imitation of a mark in connection with the sale, distribution, offering for sale, or advertising in this State of any goods or services on or in connection with which the use is likely to cause confusion or mistake or to deceive as to the source of origin of the goods or services; or (2) The reproduction, counterfeiting, copying or colorable imitation of a mark and the application of a reproduction, counterfeit, copy or colorable imitation of a mark to labels, signs, prints, packages, wrappers, receptacles, or advertisements intended to be used upon or in connection with the sale or other distribution in this State of the goods or services. b. The action shall be brought in the Superior Court of the county in which the defendant resides, is found, has an agent, transacts business, or in which the reproduction, counterfeit, copy or imitation of the mark is found. c. (1) The plaintiff in the civil action shall establish violation of subsection a. of this section by a preponderance of the evidence. A jury trial shall be available at the request of either party. (2) If the Attorney General determines that the sale or distribution of goods or services related to the conduct specified in paragraph (1) or (2) of subsection a. of this section poses a threat to the health, safety or welfare of any member of the public, the Attorney General may intervene in a pending civil action filed by the owner or designee of the owner of a mark pursuant to subsection a. of this section in order to enforce the remedies provided in subsection d. or e. of section 1 of P.L.2004, c.150 (C.56:3-13.22). d. In an action brought pursuant to subsection a. of this section, the court may grant temporary restraining orders and injunctions, as may be deemed just and reasonable by the court, to prevent any conduct described in paragraphs (1) and (2) of subsection a. of this section, and may require the defendants to pay to the owner or designee of the owner all profits derived from or all damages suffered by reason of such conduct, or both. The court may also order that any reproduction, counterfeit, copy or imitation in the possession or under the control of any defendant in the case be disposed of or destroyed in accordance with the provisions of section 3 of P.L.1987, c.454 (C.56:3-13.17). The court, in its discretion, may enter judgment for an amount not to exceed three times the profits or damages and may also award reasonable attorneys' fees and costs of suit to the prevailing party in cases where the court finds the other party committed the wrongful acts with knowledge or in bad faith or if the court finds the other party's conduct so egregious as to justify such an award. In assessing defendant's profits, plaintiff shall be required to prove defendant's sales only; defendant must prove all elements of cost or deduction claimed therefrom. In an action in which the Attorney General successfully intervenes in order to enforce the remedies provided in subsection d. or e. of section 1 of P.L.2004, c.150 (C.56:3-13.22)), the defendant also shall be liable to the State for the costs of the suit, including reasonable attorney's fees, costs of investigation and litigation. e. Upon finding a violation of subsection a. of this section, the court may, in its discretion, award prejudgment interest on the monetary recovery awarded under subsection d. of this section, at an annual interest rate established pursuant to Rule 4:42-11 of the Rules Governing the Courts of the State of New Jersey, commencing on the date of the service of the plaintiff's pleadings which set forth the claim for monetary recovery and ending on the date the judgment is awarded or for a shorter time as the court deems appropriate. f. Any provisional or equitable remedy that would be available in a comparable civil action commenced under the federal Trademark Act of 1946, 15 U.S.C. s.1051 et seq. may, to the same extent and upon a comparable showing, be made available to a party in an action commenced under this section, subject to the conditions and requirements imposed by the Civil Practice Rules of the Rules Governing the Courts of the State of New Jersey. g. (Deleted by amendment, P.L.1995, c.171.) h. In any civil proceeding brought under this section relating to the manufacture, use, display or sale of a counterfeit mark, in addition to the remedies available to an owner as provided in subsections d., e. and f. of this section, the court shall have jurisdiction to prevent and restrain the manufacture, use, display or sale of a counterfeit mark by issuing appropriate orders, including, in appropriate circumstances, an ex parte temporary restraining order without a seizure, or an ex parte order without notice for the seizure of counterfeit goods and the following materials: (1) Spurious marks; (2) The means of making the spurious marks; (3) Articles in the defendant's possession bearing the spurious marks, or on or in connection with which the spurious marks are intended to be used; (4) Business records documenting the manufacture, purchase or sale of counterfeit marks. Any business records seized through an ex parte seizure order under this subsection shall be taken into the custody of the court. The applicant or its representatives shall not be permitted to see these records during the course of the search or thereafter, except under an appropriate protective order, issued on notice to the person from whom the business records were seized, with respect to confidential business information. i. Ex parte seizure orders under subsection h. of this section shall not be issued unless the applicant: (1) Provides an affidavit clearly setting forth specific facts in support of the need for the seizure order, and (2) Provides security in an amount as the court deems adequate for the payment of damages as any person may suffer as a result of a wrongful seizure or wrongful attempted seizure of his property under subsection h. of this section. These damages shall include but not be limited to lost profits, the cost of materials, and loss of good will. In any case in which it is shown that the applicant caused the seizure without adequate evidence that the goods or materials were counterfeit, damages shall include reasonable attorney's fees. (3) The court shall place under seal any order for an ex parte seizure under subsection h. of this section, together with the papers upon which the order was granted, until the party in possession of the goods or materials has been given an opportunity to contest the order. j. No order for an ex parte seizure under subsection h. of this section shall be issued unless the court finds that a temporary restraining order on notice to the defendant or an ex parte temporary restraining order would be inadequate to protect the applicant's interest. In particular, no court shall issue an order for an ex parte seizure under subsection h. of this section unless it clearly appears from specific facts offered under oath or affirmation that: (1) Counterfeit goods or the materials described above are located at the place identified in the affidavit; (2) The applicant will suffer immediate and irreparable injury, loss or damage if the goods or materials are not seized through execution of an ex parte order, in that: (a) The person from whom the goods or materials are to be seized would not comply with an order directing him to retain the goods or materials and to make them available to the court, but would instead make the goods or materials inaccessible by destroying, hiding or transferring them; or (b) The person from whom the goods or materials are to be seized will otherwise act to frustrate the court in a proceeding under this section; and (3) The applicant has made no effort to publicize the requested seizure and will refrain from doing so until the party in possession of the goods and materials has been given an opportunity to contest the order. k. An order for a seizure under subsection h. of this section shall particularly describe the goods or materials to be seized, the place from which they are to be seized, and the amount of security provided by the applicant. l. The court shall set a hearing date not more than 10 court days after the last date on which seizure is ordered at which any person from whom goods are seized may appear and seek release of the seized goods. m. Except where the court authorizes the Attorney General to make the seizure in a matter in which the Attorney General has intervened in accordance with paragraph (2) of subsection c. of this section, where an order for seizure is made, the court shall direct the sheriff of the county in which the property is located to make the seizure or, where the property to be seized is located in more than one county, the direction shall issue to the sheriff of each of those counties. The sheriff shall make the seizure within 72 hours of the order. L.1987,c.454,s.2; amended 1995, c.171, s.10; 2004, c.150, s.2.

N.J. Stat. § 56:3-13.17 Destruction order

In any civil action brought pursuant to this act, if the court determines that a mark is counterfeit, the court may order the destruction of all marks, all means of making the marks, and all goods, articles or other matter bearing the marks, which are in the possession or control of the court or any party to the action; or, after obliteration of the counterfeit mark, the court may order the disposal of the aforesaid materials to the State, a civil plaintiff, an eleemosynary institution, or any appropriate private person other than the person from whom the materials were obtained. L. 1987, c. 454, s. 3.

N.J. Stat. § 56:3-13.18 Not exclusive remedy

Nothing in this act shall supersede any provision of federal, State, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this act, except that no plaintiff who recovers treble damages or treble profits pursuant to subsection d. of section 2 of this act shall also be entitled to corresponding recovery under any other federal, State or other law in connection with the same underlying occurrences or transactions. L. 1987, c. 454, s. 4.

N.J. Stat. § 56:3-13.19 Estoppel

A final judgment or decree rendered in favor of the State in a criminal proceeding brought under Chapter 20 or 21 of Title 2C of the New Jersey Statutes shall estop the defendant in the action or proceeding in any subsequent civil action as to all matters as to which the judgment in the action or proceeding would be an estoppel between the parties to it. L. 1987, c. 454, s. 5.

N.J. Stat. § 56:3-13.20 Remedies for dilution of famous marks

13. The owner of a mark which is famous in this State shall be entitled, subject to the principles of equity, to an injunction, commencing after the owner's mark becomes famous, against another person's use of the mark which causes dilution of the distinctive quality of the owner's mark, and to obtain other relief provided in this section. In determining whether a mark is famous, a court may consider factors such as, but not limited to: a. The degree of inherent or acquired distinctiveness of the mark in this State; b. The duration and extent of use of the mark in connection with the goods and services; c. The duration and extent of advertising and publicity of the mark in this State; d. The geographical extent of the trading area in which the mark is used; e. The channels of trade for the goods or services with which the registrant's mark is used; f. The degree of recognition of the registrant's mark in its and in the other's trading areas and channels of trade in this State; and g. The nature and extent of use of the same or similar mark by third parties. The owner of a famous mark shall be entitled only to injunctive relief in this State in an action brought under this section, unless the subsequent user willfully intended to trade on the owner's reputation or to cause dilution of the owner's mark. If willful intent is proven, the owner shall also be entitled to any other remedies set forth in this act, subject to the discretion of the court and the principles of equity. L.1995,c.171,s.13.

N.J. Stat. § 56:3-13.21 Regulations, fees

15. The Secretary of State shall promulgate regulations pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to effectuate the provisions of this act. The regulations promulgated by the secretary shall include the fees payable for the various applications and recording fees and for related services. Unless specified by the secretary, the fees shall not be refundable. L.1995,c.171,s.15.

N.J. Stat. § 56:3-13.22 Additional enforcement action for certain trademark violations.

1. a. In addition to any civil action brought pursuant to subsection a. of section 2 of P.L.1987, c.454 (C.56:3-13.16) or any criminal prosecution brought for violation of N.J.S. 2C:21-21, N.J.S.2C:21-32 or any other criminal law, or any forfeiture proceeding brought pursuant to N.J.S. 2C:64-1 et seq., if the Attorney General determines that the sale or other distribution of goods or services related to the conduct specified in paragraph (1) or (2) of subsection a. of section 2 of P.L.1987, c.454 (C.56:3-13.16) poses a threat to the health, safety or welfare of any member of the public, the Attorney General may institute a civil action to enforce any or all of the remedies provided in subsection d. or e. of this section against any person who engages in the conduct specified in paragraphs (1) and (2) of subsection a. of section 2 of P.L.1987, c.454 (C.56:3-13.16). b. (1) The action shall be brought in the Superior Court of the county in which the defendant resides, is found, has an agent, transacts business, or in which the reproduction, counterfeit, copy or imitation of the mark is found. (2) The Attorney General may institute an action under subsection a. of this section without regard to whether the owner or the designee of the owner of the mark has brought a civil action pursuant to subsection a. of section 2 of P.L.1987, c.454 (C.56:3-13.16); however, a civil action brought by an owner or designee of an owner of the mark pursuant to subsection a. of section 2 of P.L.1987, c.454 (C.56:3-13.16) may be joined with an action brought by the Attorney General pursuant to subsection a. of this section, and the Attorney General also may seek to enforce the remedies provided in subsection d. or e. of this section by intervening in a pending civil action brought by an owner or designee of an owner of the mark pursuant to subsection a. of section 2 of P.L.1987, c.454 (C.56:3-13.16). c. The Attorney General shall establish violation of subsection a. of this section by a preponderance of the evidence. A jury trial shall be available at the request of either party. d. (1) In an action brought pursuant to subsection a. of this section, the court may grant temporary restraining orders and injunctions, as may be deemed just and reasonable by the court, to prevent any conduct specified in paragraphs (1) and (2) of subsection a. of section 2 of P.L.1987, c.454 (C.56:3-13.16). (2) Upon proof, by a preponderance of the evidence, of a defendant's violation of subsection a. of this section, the court shall order that any reproduction, counterfeit, copy or imitation in the possession or under the control of any defendant in the case be disposed of or destroyed in accordance with the provisions of section 3 of P.L.1987, c.454 (C.56:3-13.17), and the defendant shall also be liable to the State for the costs of the suit, including reasonable attorney's fees, costs of investigation and litigation. e. In any civil proceeding brought by the Attorney General under this section relating to the manufacture, use, display or sale of a counterfeit mark, in addition to the remedies in subsection d. of this section, the court shall have jurisdiction to prevent and restrain the manufacture, use, display or sale of a counterfeit mark by issuing appropriate orders, including, in appropriate circumstances, an ex parte temporary restraining order without a seizure, or an ex parte order without notice for the seizure of counterfeit goods and the following materials: (1) Spurious marks; (2) The means of making the spurious marks; (3) Articles in the defendant's possession bearing the spurious marks, or on or in connection with which the spurious marks are intended to be used; (4) Business records documenting the manufacture, purchase or sale of counterfeit marks. Any business records seized through an ex parte seizure order under this subsection shall be taken into the custody of the court. The applicant or its representatives shall not be permitted to see these records during the course of the search or thereafter, except under an appropriate protective order, issued on notice to the person from whom the business records were seized, with respect to confidential business information. f. Ex parte seizure orders under subsection e. of this section shall not be issued unless the Attorney General provides an affidavit clearly setting forth specific facts in support of the need for the seizure order. (1) The court shall place under seal any order for an ex parte seizure under subsection e. of this section, together with the papers upon which the order was granted, until the party in possession of the goods or materials has been given an opportunity to contest the order. (2) No order for an ex parte seizure under subsection e. of this section shall be issued unless the court finds that a temporary restraining order on notice to the defendant or an ex parte temporary restraining order would be inadequate to protect the health, safety or welfare of any member of the public. (3) An order for a seizure under subsection e. of this section shall particularly describe the goods or materials to be seized and the place from which they are to be seized. (4) The court shall set a hearing date not more than 10 court days after the last date on which seizure is ordered at which any person from whom goods are seized may appear and seek release of the seized goods. (5) Where an order for seizure is made, the court shall authorize the Attorney General to make the seizure. g. Nothing in this section shall be deemed to limit the authority of the Attorney General to investigate and prosecute violations of the criminal code, and the forfeiture procedures provided in this subsection are intended to supplement the forfeiture procedures set forth in chapter 64 of Title 2C of the New Jersey Statutes. L.2004,c.150,s.1.

N.J. Stat. § 56:3-14 Citation of article

This article shall be known and designated as the "New Jersey bottle law" , and may be so cited and referred to in all process and proceedings taken under it and in all courts and places.

N.J. Stat. § 56:3-15 Registration of names, marks or devices authorized

Any person or corporation engaged in manufacturing soda waters, mineral or aerated waters, porter, ale, beer, cider, ginger ale, milk, cream, ice cream, ice cream mixtures or compounds or any other similar product frozen substantially to the consistency of ice cream, small beer, lager beer, weiss beer, white beer, near beer, or other beverages or medicines, medical preparations, perfumery, oils, compounds or mixtures, or any person or corporation engaged in bottling or selling any of the above-named articles or products in bottles, barrels, half-barrels, quarter-barrels, boxes, kegs, siphons, tins, ice cream containers, packages, wrappers, cabinets, refrigerators, equipment, or other receptacles or containers, upon which his or its name, or other marks or devices used by him or it, are branded, stamped, engraved, etched, blown, embossed, impressed, or otherwise produced, may register his or its name, mark or device in the manner hereinafter provided, and, upon completing such registration and the publication required by sections 56:3-16 and 56:3-17 of this title, shall be deemed the proprietor of such name, mark or device and of every container upon which such name, mark or device may be branded, stamped, engraved, etched, blown, embossed, impressed or otherwise produced.

N.J. Stat. § 56:3-16 Descriptions of names, marks or devices filed with county clerk and secretary of state

The registration of names, marks or other devices shall be by filing in the office of the clerk of the county in which the principal office of the person or corporation seeking registration is situated and in the office of the Secretary of State, descriptions of such names, marks or other devices. If the applicant for registration has no principal office in this State the names, marks or other devices may be registered by filing descriptions thereof in the office of the clerk of any county in which the applicant does business and in the office of the Secretary of State. For each filing as herein provided the Secretary of State shall receive a fee of $20.00 and the county clerk shall receive a fee of $5.00. Amended by L.1947, c. 102, p. 517, s. 2; L.1971, c. 171, s. 6, eff. June 1, 1971.

N.J. Stat. § 56:3-17 Descriptions published in newspaper

Any person or corporation seeking to register names, marks or other devices under authority of this article shall first cause the description mentioned in section 56:3-16 of this title to be printed once in each week, for two weeks successively, in a newspaper published in the county in which such description may be filed as provided by said section 56:3-16.

N.J. Stat. § 56:3-19 Affidavit of publication as evidence of publication and matters therein stated

The affidavit of the printer or publisher of the newspaper, or of his foreman or clerk, in which the description mentioned in section 56:3-16 of this title has been printed as required by section 56:3-17 of this title, showing that the same has been published as so required, annexed to a printed copy of the description as published, shall be received as evidence of the required publication and also of the matters therein stated in all courts and places.

N.J. Stat. § 56:3-20 Unlawful use or disposition of containers marked with registered name, mark or device

No person or corporation, other than the owner or proprietor, of a name, mark or other device mentioned in section 56:3-15 of this title, shall fill or cause to be filled with any of the articles or products mentioned in said section 56:3-15, or shall sell, buy, give, take, possess, use, dispose of or traffic in, any bottle, container or receptacle enumerated in said section 56:3-15 which is so marked or distinguished with or by any name, mark or device, a description of which has been filed as provided by section 56:3-16 of this title; nor shall any person or corporation deface, obliterate, destroy, cover up, or otherwise remove or conceal any such name, mark or device on any such bottle, container or receptacle, without the written consent of the owner or proprietor thereof, unless the same has been purchased from such owner or proprietor. No person or corporation, to whom or to which any of the articles or products mentioned in section 56:3-15 of this title has been delivered in any of the bottles, containers or receptacles mentioned in said section 56:3-15 by the owners or proprietors thereof, shall be deemed to have violated the provisions of this article by having in his possession any such marked receptacles, unless such person or corporation retains such bottles, containers or receptacles for a period longer than is reasonably necessary after the contents placed therein by the owner or proprietor thereof have been removed therefrom.

N.J. Stat. § 56:3-21 Violations of article; imprisonment or fine

Any person, acting for himself or as the agent of any person, firm or corporation, who violates the provisions of this article shall, for the first offense, be punished by imprisonment for not less than ten days nor more than one year, or by a fine of five dollars for each bottle, container or receptacle mentioned in section 56:3-15 of this title filled, sold, bought, given, taken, used, disposed of, trafficked in or possessed in contravention of this article, or by both such imprisonment and fine, and for each subsequent offense by imprisonment for not less than twenty days nor more than one year, or by a fine of ten dollars for each such bottle, container or receptacle so filled, sold, bought, given, taken, possessed, used, disposed of, or trafficked in, or by both such imprisonment and fine, in the discretion of the court or magistrate before which or whom the offense is tried.

N.J. Stat. § 56:3-22 Taking possession of unlawfully used containers marked with registered name, mark or device

The owner or proprietor, or his or its agents, may take possession of any bottle, container or receptacle mentioned in section 56:3-15 of this title used in violation of this article, whether the same be empty, or full or partly full of any liquid, beverage or other substance, and shall not be liable in damages therefor, or for any trespass arising out of such taking possession. If any person having possession of any such bottle, container or receptacle refuses to empty the same of its contents, immediately, upon notice and demand by the owner or proprietor thereof, or his or its agents, such owner or proprietor or agents may empty such bottle, container or receptacle, and shall not be liable therefor.

N.J. Stat. § 56:3-23 Collection and enforcement of penalties, jurisdiction

56:3-23. The Superior Court and any municipal court shall have jurisdiction of proceedings for the collection and enforcement of a penalty imposed because of the violation, within the territorial jurisdiction of the court, of any provision of this article. The proceedings shall be summary and in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). Process shall be either in the nature of a summons or warrant and shall issue in the name of the State, upon the complaint of any person. Amended 1953,c.53,s.4; 1991,c.91,s.520.

N.J. Stat. § 56:3-25 Search warrant for unlawfully used containers marked with registered name, mark or device; procedure thereon

56:3-25. Whenever any person makes oath before the Superior Court or any municipal court that he has reason to believe and does believe that any bottle, container or receptacle mentioned in section 56:3-15 of this Title, the property of any person or corporation who or which has complied with the provisions of sections 56:3-16 and 56:3-17 of this Title, are being filled, sold, bought, given, taken, possessed, used, disposed of or trafficked in by any person or corporation in violation of this article, the court shall issue a search warrant to discover and obtain such bottles, containers or receptacles, and to bring before the court the person in whose possession bottles, containers or receptacles may be found. If any such bottles, containers or receptacles are found in the possession of any such person in violation of the provisions of this article, the court issuing the search warrant shall proceed summarily in a criminal proceeding to trial and judgment, and, upon a conviction and judgment, shall also award possession of the bottles, containers or receptacles taken under the search warrant to the owners or proprietors thereof. Amended 1953,c.53,s.6; 1991,c.91,s.521.

N.J. Stat. § 56:3-26 Presumptive evidence of ownership of containers

The presence, upon any bottle, container or receptacle mentioned in section 56:3-15 of this title, of any name, mark or device which has been registered and published as provided by sections 56:3-16 and 56:3-17 of this title, shall be presumptive evidence, in any proceeding or trial, that the owner or proprietor of any such name, mark or device is the owner or proprietor of such bottle, container or receptacle.

N.J. Stat. § 56:3-27 Disposition of fines and costs imposed and collected

All fines and costs imposed and collected upon conviction for violations of this article in any city of the first class shall be paid into the treasury of such city and be disposed of as fines and costs in indictable cases are by law disposed of, and all such fines and costs imposed and collected in any other municipality shall be disposed of as provided by law.

N.J. Stat. § 56:3-28 Deposit made on delivery of containers not sale thereof

The requiring, taking or accepting of any deposit upon delivery of any bottle, container or receptacle mentioned in section 56:3-15 of this title, having thereon a name, mark or device which has been registered and published as provided by sections 56:3-16 and 56:3-17 of this title, shall not be deemed a sale of any such bottle, container or receptacle, either optional or otherwise.

N.J. Stat. § 56:3-29 Civil penalties for violations of article; action at law

Any person or corporation who or which violates the provisions of this article shall be liable to a penalty of five dollars, for the first offense, for each bottle, container or receptacle mentioned in section 56:3-15 of this title, filled, sold, bought, given, taken, used, disposed of, trafficked in or possessed in violation of the provisions of this article, and, for the second and each subsequent offense, a penalty of double that amount, recoverable by the owner or proprietor of any such bottle, container or receptacle, or his agent, in an action at law in any court of competent jurisdiction.

N.J. Stat. § 56:3-32 Rights of registrants under prior laws

Any person or corporation who has filed in any of the offices mentioned in section 56:3-16 of this title a description of the names, marks or devices upon his or its property therein mentioned, and has caused the same to be published according to the law existing at the time of such filing and publication, shall not be required to again file and publish such description in order to be entitled to the benefits of this article; but may avail himself or itself of any or all of the provisions, modes of procedure and methods of protection provided for in this article, as fully as if he or it had registered such names, marks or devices under and in accordance with the provisions of this article.

N.J. Stat. § 56:3-33 Proceedings pending under prior laws

Any proceedings pending on July eleventh, nineteen hundred and thirty-three, under the act entitled "An act concerning bottles, boxes, siphons, tins, kegs or other articles used in the sale of soda waters, mineral or aerated waters, porter, ale, beer, cider, ginger ale, milk, cream, small beer, lager beer, weiss beer, white beer or other beverages or medicines, medical preparations, perfumery, oils, compounds or mixtures," approved March twenty-first, one thousand nine hundred and twenty-five (L.1925, c. 246, p. 678), or any other pre-existing law of a like nature, shall not abate, but may be proceeded into final judgment thereunder.

N.J. Stat. § 56:3-34 Laws concerning shippers of milk and milk cans not affected

Nothing in this article contained shall be construed to repeal, modify or affect article 4 of this chapter (s. 56:3-42 et seq.), or any other existing law for the protection of producers or shippers of milk or concerning milk cans.

N.J. Stat. § 56:3-35 Filing names, marks or devices; fee

Any person engaged in the business of supplying towels, coats, aprons, toilet devices or other kindred articles or supplies for hire or compensation, used for the purpose of providing cleanliness and sanitation, and having a name, or trade-mark or device branded, stamped, marked, sewed, or otherwise impressed thereon, may file, in the office of the clerk of the county in which his principal place of business is situated, a description of such name, trade-mark or device, and cause such description to be printed once a week for three successive weeks in a newspaper published in such county, or if his principal place of business is in another state such filing shall be made in the office of the clerk of any county in this state in which business is done, and such description printed for three successive weeks in any newspaper published in such county. For such filing there shall be paid to the county clerk two dollars for each such name, mark or device so filed.

N.J. Stat. § 56:3-36 Effect of filing

Any person who has complied with the provisions of section 56:3-35 of this title shall thereupon be deemed the owner of such name, mark or device, and of every such towel, apron, coat, toilet cabinet or toilet device, so used as aforesaid, upon which such mark may be branded, stamped, marked, sewed, or otherwise impressed or produced thereon.

N.J. Stat. § 56:3-37 Assignment of business; procedure

When any person having complied with the provisions of sections 56:3-35 and 56:3-36 of this title assigns, by sale or otherwise, the business mentioned in section 56:3-35 of this title, his assignee shall, upon such assignment, file a certificate of such assignment in the office of the clerk of the county in which his principal place of business is situated, and cause such certificate to be printed once each week for three successive weeks in a newspaper published in such county, or, if the principal place of business of such assignee is in another state, the filing of such certificate of assignment shall be made in the office of the county clerk in any county of this state in which business is done, and printed once each week for three successive weeks in a newspaper published in such county.

N.J. Stat. § 56:3-38 Use or possession of supplies; defacing names, etc.; leases

No person other than as provided in sections 56:3-35 and 56:3-36 of this title shall use any towels, coats, aprons, toilet cabinets, towel devices, or any other articles or supplies used for the purpose of cleanliness and sanitation, by supplying, furnishing, selling, transferring or renting the same for hire or compensation, or otherwise, or shall deface, erase, obliterate, cover up, or otherwise remove or conceal the name, trade-mark or device thereon, or shall give, take or otherwise dispose of such towels, coats, aprons, toilet cabinets or other toilet devices branded and marked as provided in this article, without the written consent of the owner whose name, mark or device shall be or have been upon such article or articles as provided in said sections 56:3-35 and 56:3-36. The use of such article or articles at the place where the same are placed or delivered by the owner under an agreement, lease, or license from such owner, shall not be unlawful; nor shall anything in this article contained make it unlawful for any bona fide hotel, restaurant, cafe, or other public hostelry, to permit and allow the use of such article or articles to any guest, boarder, or any regularly hired employee thereof, during the period of any lease, renting or hiring agreement of such article or articles with the owner thereof. The possession by any junk dealer or dealer in rags or second-hand articles, or person other than by the owner, lessee or sublessee thereof as herein provided, of any such marked or distinguished article or articles without such written consent shall be presumptive evidence of traffic in such goods and a violation of this section.

N.J. Stat. § 56:3-39 Washing marked articles

No person, other than the owner, shall launder, wash, clean, renovate or cause to have laundered, washed, cleaned, or renovated, any towels, coats, aprons, toilet devices or other supplies used for the purpose of cleanliness and sanitation which are so marked, named or distinguished as aforesaid, the possession of which is claimed by lease, or rental from the owner thereof as herein provided, except by the written consent of the owner thereof.

N.J. Stat. § 56:3-40 Deposit for safe-keeping or return of articles not sale thereof

The requiring, taking or acceptance of any sum of money by the owner of towels, coats, aprons, toilet cabinets, toilet devices, or any other articles or supplies used for the purpose of cleanliness and sanitation as a deposit for security for the safe-keeping and return of such article or articles shall not constitute a sale of such property, either optional or otherwise.

N.J. Stat. § 56:3-41 Penalty; recovery; jurisdiction; procedure

56:3-41. Any person violating any of the provisions of this article shall, for the first offense, be liable to a penalty of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00), and for each subsequent offense to a penalty of two hundred dollars ($200.00), recoverable in a civil action before the Superior Court or municipal courts, which courts within their respective territorial jurisdictions, shall have jurisdiction to hear and determine actions brought under this article. An action for the recovery of a penalty under this article may be instituted by any person aggrieved or damnified by a violation of this article. The penalty, when recovered in the Superior Court shall be paid to the treasurer of the county, and, when recovered in a municipal court, shall be paid to the treasurer of the municipality. Amended 1953,c.53,s.9; 1991,c.91,s.522.

N.J. Stat. § 56:3-42 Unlawful use or other disposition of milk or cream cans

No person shall, without the written consent of the owner or owners or shipper, or shippers, or his or their agent, use, sell, dispose of, buy or traffic in any milk or cream can, belonging to any dealer in or shipper of milk or cream residing in this state or elsewhere, who may ship milk or cream to any city, town or place within this state, or who may buy or sell milk or cream within this state, which can has the name or initials of the owner or owners, dealer or dealers, or shipper or shippers, stamped, marked or fastened thereupon, or willfully mar, erase or change by remarking or otherwise such name or initials.

N.J. Stat. § 56:3-43 Agent of railroad for protection of cans

The superintendent of any railroad over which milk or cream shall be carried or shipped to any place within this state, shall have the power to appoint an agent for the collection, protection and care of any milk or cream cans shipped over such railroad, on such terms of compensation as may be arranged between such railroad company and any such agent.

N.J. Stat. § 56:3-44 Presumptive evidence of unlawful use

The fact of any person, without the written consent of the owner, dealer or shipper thereof, or his agent, either using, selling, disposing of, buying, trafficking in or having in his possession or under his control, or having on, in or about his premises, any such milk or cream can or cans, shall be presumptive evidence of the unlawful use, purchase or traffic in such can or cans.

N.J. Stat. § 56:3-45 Emptying and taking possession of cans unlawfully used

Any can or cans mentioned in section 56:3-42 of this title, full or partly full of milk or cream, used in violation of the provisions of this article, may be emptied of their contents by the owner, dealer or shipper, or his agent, and taken possession of by any of such several parties, without being liable in damages therefor, upon first giving notice to the person having the possession of such can or cans to empty the same.

N.J. Stat. § 56:3-46 Penalty for violations of article; amount; recovery; procedure

Any person who shall, in violation of this article, either use, sell, dispose of, buy, traffic in or have in his possession, or in, on or about his premises any such can or cans, or who shall willfully mar, erase or change by remarking or otherwise the name or initials of any such owner, dealer or shipper, so stamped, marked or fastened upon such can or cans, or who shall have any such can or cans on, in or about his premises as in this article provided, shall be liable to a penalty of fifty dollars for each and every such can either so used, sold, disposed of, bought, trafficked in, or found in his possession or in, on or about his premises. The penalty prescribed by this section shall be recovered in an action at law, to be brought in the name of the owner, dealer or shipper in any court of this state having cognizance thereof, with costs of action and such reasonable disbursements as any such owner, dealer or shipper, or his agent, may incur in retaking possession of any such can or cans, to be determined in such action.

N.J. Stat. § 56:3-47 Complaint for unlawful use of cans; jurisdiction; search warrant; procedure

56:3-47. If any owner, dealer or shipper, or his agent, has reason to believe, and does believe, that any can or cans of the kind mentioned in section 56:3-42 of this Title, stamped or marked as provided in said section 56:3-42, is or are being used, or has or have been unlawfully used as aforesaid, by any person, or that any person has any such can or cans secreted in or upon his premises, or any other place, any such owner, dealer or shipper, or his agent, may go before the Superior Court or the municipal court in the municipality wherein such offenses may be or have been committed, and make complaint thereof under oath, which complaint may be wholly upon information and belief. Whereupon the court shall issue a process in the nature of a search warrant, directed to any marshal or an executive officer of any municipality, which shall recite the complaint, or the substance thereof, and shall command such marshal or executive officer to search immediately the premises, place or places mentioned in the complaint, and, if any milk or cream cans be found, to bring the same, together with the body of the person in whose possession they may be found, before the court which shall summarily inquire into the ownership of such can or cans, and, upon being satisfied that the same belong to such owner, dealer or shipper, or that his agent is entitled to the possession thereof, he shall deliver such can or cans to such owner, dealer or shipper, or his agent, who shall have the costs of the proceedings from the person so illegally having such can or cans in his or their possession. If the person illegally having such can or cans in his possession shall refuse to pay the costs, the court shall commit such person to the county jail of the county wherein he shall be arrested until such costs are paid. Amended 1953, c.53, s.10; 1991, c.91, s.523; 2023, c.250, s.50.

N.J. Stat. § 56:3-48 Deposit for return of marked baskets or packages

No person engaged in selling the products of a farm or garden, on commission or otherwise, shall allow the basket or other package containing any of such products, upon which the name or mark of the owner is distinctly branded, stamped, painted or otherwise impressed, to go out of his possession without first demanding and receiving a sum of money equal to the full value of such basket or other package. Such sum of money shall be refunded to the purchaser of such products upon the return of the basket or other package in as good condition as when he received the same. The money collected on baskets or other packages not returned shall be paid to the owner at the end of each month.

N.J. Stat. § 56:3-49 Penalty for violation of article

Any person who shall violate the provisions of section 56:3-48 of this title, or who shall, without the written consent of the owner, sell, dispose of, buy or traffic in, mar or erase the brands or marks on, willfully break, destroy or otherwise injure, fill or use for any other purpose than the sale of the original contents of any of such baskets or other packages, shall be liable to a penalty of twenty dollars, with costs, for each and every offense; which penalty may be sued for and recovered with costs, by any person in any court of competent jurisdiction.

N.J. Stat. § 56:3-50 Definitions.

1. As used in this act: "Covered entity" means (1) the manufacturer of a covered product that is sold or offered for sale in this State; and (2) a wholesaler, supplier, or retailer that is responsible for the labeling or packaging of a covered product. "Covered product" means a consumer product sold or offered for sale in this State that is (1) a premoistened nonwoven disposable wipe marketed as a baby wipe or diapering wipe; or (2) a premoistened nonwoven disposable wipe that contains petrochemical-derived fibers that is likely to be used in a bathroom, including baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing wipes, antibacterial wipes, facial and makeup removal wipes, general purpose cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult hygiene wipes, and body cleansing wipes. "Do Not Flush labeling" means product packaging that includes a "Do Not Flush" symbol and label notice in accordance with subsection b. of section 2 of P.L.2023, c.280 (C.56:3-51). "High contrast" means a light symbol on a solid dark background or a dark symbol on a solid light background and having at least 70 percent contrast between the symbol artwork and background using the formula [(B1 - B2) / B1] * 100, where B1 is the light reflectance value of the light background, and B2 is the light reflectance value of the dark background or symbol. "Label" means to represent by statement, word, picture, design, or emblem on a covered product package. "Label notice" means the phrase "Do Not Flush" in a size equal to at least two percent of the surface area of the principal display panel, except as otherwise specified in subsection b. of section 2 of P.L.2023, c.280 (C.56:3-51); provided, however, for covered products regulated pursuant to the Federal Hazardous Substances Act (15 U.S.C. s.1261 et seq.) by the United States Consumer Product Safety Commission under 16 CFR s.100.121, if the label notice requirements in this paragraph would result in a type size larger than first aid instructions under the Federal Hazardous Substances Act, then the type size for the label notice shall, to the extent permitted by federal law, be equal to or greater than the type size required for first aid instructions; and for a covered product required to be registered by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. s.136 et seq.) if the label notice requirements in this paragraph would result in a type size on the principal display panel larger than a warning pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, then the type size for the label notice shall, to the extent permitted by federal law, be equal to or greater than the type size required for a child hazard warning required by the Environmental Protection Agency. "Non-flushable disposable wipe product" means (1) a pre-moistened nonwoven disposable wipe marketed as a baby wipe or diapering wipe; or (2) a pre-moistened nonwoven disposable wipe that is composed partly or entirely of petrochemical-derived fibers which may reasonably be used in a bathroom and shall include, but not be limited to, baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing and other sanitizing wipes, antibacterial wipes, facial and makeup removal wipes, general purpose cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult hygiene wipes, and body cleansing wipes. "Principal display panel" means the side of the product package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale; provided, however, for a cylindrical or nearly cylindrical package, the surface area of the principal display panel shall constitute 40 percent of the product package as measured by multiplying the height of the container by the circumference; and for a flexible film package in which a rectangular prism or nearly rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel shall be measured by multiplying the length and width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack. "Product packaging" means the disposable outer material such as cardboard, film plastic, rigid plastic tub or canister, or paper that contains the unit of product as intended for sale at retail. "Symbol" means a "Do Not Flush" symbol, or its gender equivalent, as depicted in the INDA/EDANA Code of Practice, Second Edition, as published in "Guidelines for Assessing the Flushability of Disposable Nonwoven Products," Edition 4, May 2018, in a size equal to at least two percent of the surface area of the principal display panel, except as otherwise specified in section 2 of P.L.2023, c.280 (C.56:3-51). L.2023, c.280, s.1.

N.J. Stat. § 56:3-51 Non-flushable disposable wipe product, packaging display, Do Not Flush symbol.

2. a. A covered entity shall not sell, offer for sale, or distribute for sale a non-flushable disposable wipe product unless the product packaging displays the Do Not Flush symbol and label notice required pursuant to the provisions of this section. b. Any non-flushable disposable wipe product sold, offered for sale, or distributed for sale in this State shall have a "Do Not Flush" symbol and label notice or its equivalent. A covered product manufactured after the effective date of this act shall be clearly and conspicuously labeled with a symbol and label notice. Except as otherwise provided in this section, both the symbol and label notice, respectively, shall be sized equal to at least two percent of the surface area of the principal display panel in accordance with the following requirements: (1) for cylindrical or nearly cylindrical packaging intended to dispense individual wipes, a covered entity shall: (a) place the symbol and label notice on the principal display panel in a location that is reasonably viewable each time a wipe is dispensed; or (b) place the symbol on the principal display panel and either the symbol or label notice, or the symbol and label notice in combination, on the flip lid subject to the following requirements: (i) if the label notice does not appear on the flip lid, the label notice must be placed on the principal display panel; (ii) the symbol or label notice, or the symbol and label notice in combination, on the flip lid may be embossed, in which case the symbol or label notice, or the symbol and label notice in combination, do not need to comply with the requirements set forth in paragraph (6) of this subsection; and (iii) the symbol or label notice, or the symbol and label notice in combination, on the flip lid shall cover a minimum of eight percent of the surface area of the flip lid; (2) for flexible film packaging intended to dispense individual wipes, a covered entity shall place the symbol on the principal display panel and dispensing side panel and place the label notice on either the principal display panel or dispensing side panel, in a prominent location reasonably visible to the user each time a wipe is dispensed. If the principal display panel is on the dispensing side of the package, two symbols are not required; (3) for refillable tubs or other rigid packaging intended to dispense individual wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user each time a wipe is dispensed; (4) for packaging not intended to dispense individual wipes, a covered entity shall place the symbol and label notice on the principal display panel in a prominent and reasonably visible location; (5) a covered entity shall ensure that the packaging seams, folds, or other package design elements do not obscure the symbol and the label notice; (6) a covered entity shall ensure that the symbol and the label notice have sufficiently high contrast with the immediate background of the packaging to render the symbol and label notice reasonably likely to be seen and read by the ordinary individual under customary conditions of purchase and use; (7) for covered products sold in bulk at retail, both the outer package visible at retail and the individual packages contained within shall comply with the labeling requirements set forth in this subsection that apply to the particular packaging types, except the following: (a) individual packages contained within the outer package that are not intended to dispense individual wipes and contain no retail labeling; and (b) outer packages that do not obscure the symbol and label notice on individual packages contained within; (8) if a covered product is provided within the same packaging as another consumer product for use in combination with the other consumer product, the outside retail packaging of the other consumer product does not need to comply with the labeling requirements of this subsection; (9) if a covered product is provided within the same package as another consumer product for use in combination with the other product and is in a package smaller than three inches by three inches, the covered entity of the covered product may comply with the requirements of this subsection by placing the symbol and label notice in a prominent location reasonably likely to be seen and read by the ordinary individual under customary conditions; (10) a covered entity, directly or through a corporation, partnership, subsidiary, division, trade name, or association in connection to the manufacturing, labeling, packaging, advertising, promotion, offering for sale, sale, or distribution of a covered product, shall not make any representation, in any manner, expressly or by implication, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes, flushable benefits, flushable performance, or flushable efficacy of a covered product; (11) if a covered product is required to be registered by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. s.136 et seq.) and the New Jersey Department of Agriculture under State law, then the covered entity shall submit a label compliant with the labeling requirements of this subsection no later than January 1, 2024, to the United States Environmental Protection Agency. If the United States Environmental Protection Agency or the New Jersey Department of Agriculture does not approve a product label that otherwise complies with the labeling requirements of this subsection, the covered entity shall use a label that complies with as many of the requirements of this subsection as the relevant agency has approved; and (12) a covered entity may include on a covered product words or phrases in addition to those required for the label notice if the words or phrases are consistent with the purposes of this act. c. The Division of Consumer Affairs in the Department of Law and Public Safety shall enforce the provisions of this section. d. Nothing in this section shall apply to non-flushable disposable wipe products that are sold, offered for sale, or distributed by a retailer or wholesaler that does not package or label the non-flushable disposable wipe products. L.2023, c.280, s.2.

N.J. Stat. § 56:3-52 Violations, penalties.

3. A covered entity who violates this act shall be subject to a civil penalty of up to $5,000 for each offense, to be collected in a civil action by summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). If the violation is of a continuing nature, each day during which a non-flushable disposable wipe product is sold, offered for sale, or distributed in violation of P.L.2023, c.280 (C.56:3-50 et seq.) shall constitute a separate offense. The Superior Court and the municipal court, as appropriate, shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999." L.2023, c.280, s.3.

N.J. Stat. § 56:3-52.1 Definitions, label information requirements.

1. a. As used in this section: “Confidential business information” means a substance or a combination of substances present in a menstrual product that serve a technical or functional purpose in the finished menstrual product, and for which a claim has been approved by the United States Environmental Protection Agency for inclusion on the confidential portion of the “Toxic Substances Control Act,” Pub.L.94-469 (15 U.S.C. s.2601 et seq.) Chemical Substance Inventory or for which the manufacturer of the menstrual product or the supplier of the substance claim protection under the federal “Defend Trade Secrets Act of 2016,” Pub.L.114-153 (18 U.S.C. s.1836 et seq.) or the "New Jersey Trade Secrets Act," P.L.2011, c.161 (C.56:15-1 et seq). “Ingredient” means an intentionally added substance or a combination of substances present in a menstrual product that serve a technical or functional purpose in the finished menstrual product, provided that the substance or the combination of substances is not considered confidential business information. “Menstrual product” means a product manufactured for the purpose of catching menstruation and vaginal discharge, including, but not limited to, a tampon, sanitary pad, disc, menstrual cup, and menstrual underwear. The term shall include both disposable and reusable products. “Package or box containing menstrual products” means menstrual products packaged for individual retail sale, and does not include packaging used exclusively for shipping purposes. b. No later than 18 months after the effective date of this section, every manufacturer of menstrual products sold or offered for sale in this State shall: (1) ensure that a label is included on every package or box containing menstrual products that is sold or offered for sale in this State listing all of the ingredients contained in the menstrual product, with the ingredients listed in descending order of predominance within the menstrual product. The information shall be displayed in a manner that is conspicuous and easily understandable to consumers; and (2) post on its Internet website, in an electronically readable format, the label information required to be included on every package or box containing menstrual products pursuant to paragraph (1) of this subsection. The manufacturer shall promptly post on its Internet website information concerning any changes requiring a change to the label on a menstrual product pursuant to subsection d. of this section no later than six months after making any ingredient change, addition, or removal. A manufacturer may use technologies, including, but not limited to, a digital link, to communicate the information required by this subsection. c. The provisions of subsection b. of this section shall not be construed to require a manufacturer of menstrual products sold or offered for sale in this State to disclose confidential business information on a package or box containing menstrual products, or on its Internet website. If, in complying with subsection b. of this section, a manufacturer declines to disclose confidential business information on a package or box containing menstrual products or on its Internet website in order to protect a substance’s confidential identity, the manufacturer shall include the confidential business information by its common name with the label information required under subsection b. of this section. d. A manufacturer of menstrual products, when required to change the label on a menstrual product due to a change in an ingredient, or addition or removal of an ingredient, shall make the change to the label within 18 months of the change in the ingredient. e. (1) In addition to any other penalties authorized by law, it shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any manufacturer of menstrual products to sell or offer for sale in this State a package or box containing menstrual products that does not meet the requirements of paragraph (1) of subsection b. of this section. (2) A civil penalty shall not be assessed pursuant to paragraph (1) of this subsection for a package or box containing menstrual products that was manufactured prior to 18 months after the effective date of this act. L.2025, c.232.

N.J. Stat. § 56:3-53 Short title.

1. This act shall be known and may be cited as the “Protecting Against Forever Chemicals Act.” L.2025, c.202, s.1.

N.J. Stat. § 56:3-54 Findings, declarations.

2. The Legislature finds and declares: that perfluoroalkyl and polyfluoroalkyl substances, or PFAS, are man-made chemical compounds that have multiple fluorine atoms bonded to a chain of carbon atoms; that there are several thousand different types of PFAS, and new types are invented on a nearly daily basis; that since the 1930s, PFAS have been widely used in countless consumer products because they repel oil, water, and grease; and that PFAS continue to be used across a variety of industries for a variety of purposes and are ultimately contained in many of the products sold in the State. The Legislature further finds and declares: that the carbon-fluorine bond used to make PFAS is one of the strongest chemical bonds and does not break down under typical environmental conditions; that PFAS are nicknamed “forever chemicals” because they accumulate in the environment, rather than break down, over time; that PFAS enter the environment through manufacturing processes and waste streams, and humans are exposed through contaminated food, dust, air, drinking water, and certain consumer products; that human exposure to these chemicals has been linked to endocrine disruption, cancer, immuno-toxicity, and developmental impacts; and that PFAS have been detected in the blood serum of 98 percent of humans tested. The Legislature further finds and declares: that contamination of air, soil, and water in the State from PFAS poses a significant threat to the environment of the State and to the health of its citizens; that the full extent of PFAS contamination in the State is not presently known, but is anticipated to be widespread and to require a significant expenditure of resources to identify and remediate; and that, to address the imminent threat of further contamination of air, soil, and water in the State and protect the public health of citizens in the State, it is imperative to conduct PFAS-related research within the State and to phase out the sale of certain nonessential products containing PFAS. The Legislature therefore determines that it is in the best interest of the residents of New Jersey for PFAS to be prohibited from being intentionally added to certain products being manufactured and sold within the State, for manufacturers of cookware products containing PFAS to notify consumers about the presence of PFAS in their products, and for educational programming and research concerning PFAS to be available to residents in the State. L.2025, c.202, s.2.

N.J. Stat. § 56:3-55 Definitions.

3. As used in sections 1 through 11 of this act: “Carpet” means a rug or fabric marketed or intended for use as a floor covering. “Cookware” means durable houseware items that are used to prepare, dispense, or store food, foodstuffs, or beverages that are intended for direct food contact, and that are items to which heat is transferred or which come into direct contact with a heat source, including pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils. “Cookware” does not include products that are intended for commercial use only. “Cosmetic” means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles; except that such term shall not include soap. “Division” means the Division of Consumer Affairs in the Department of Law and Public Safety. “Fabric treatment” means a substance applied to fabric to give the fabric one or more characteristics, including, but not limited to, stain resistance or water resistance. “Food packaging” means a nondurable package, packaging component, or food service ware that is intended to contain, serve, store, handle, protect, or market food, foodstuffs, or beverages, and is composed, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. “Food packaging” includes food or beverage containers, take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays. “Intentionally added PFAS” means PFAS added to a product or intentionally used during the development of a product or one of its product components to provide a specific characteristic, appearance, or quality or to perform a specific function. “Intentionally added PFAS” also includes any degradation byproducts of PFAS. ”Intentionally added PFAS” shall not include a technically unavoidable trace quantity of PFAS which stems from impurities of natural or synthetic ingredients or the manufacturing process, storage, or migration from packaging of the product or product component. “Internal component” means an internal part of a product, whether permanently affixed or removable, that is designed and intended to not be touched by a person during the intended use or handling of the product. “Internal component” includes parts of a product used for holding batteries, regardless of whether the parts are touched when replacing batteries. “Manufacturer” means the person that manufactures a product or whose brand name is affixed to the product. In the case of a product imported into the United States, “manufacturer” includes the importer or first domestic distributor of the product if the person that manufactured or assembled the product or whose brand name is affixed to the product does not have a presence in the United States. “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means substances that include any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. “Product” means an item manufactured, assembled, packaged, or otherwise prepared for sale to consumers, including its product components, which is sold or distributed for personal, residential, commercial, or industrial use, including for use in making other products. “Product component” means an identifiable component of a product, regardless of whether the manufacturer of the product is the manufacturer of the component. “Product label” means a display of written, printed, or graphic material that appears on, or is affixed to, the exterior of a product, or its exterior container or wrapper that is visible to a consumer, if the product has an exterior container or wrapper. L.2025, c.202, s.3.

N.J. Stat. § 56:3-56 Cosmetic products containing intentionally added PFAS.

4. a. Beginning two years after the effective date of this act, no person shall sell, offer for sale, or distribute for sale in the State any cosmetic product that contains intentionally added PFAS. b. If a cosmetic product contains a technically unavoidable trace quantity of PFAS, which stems from impurities of natural or synthetic ingredients or the manufacturing process, storage, or migration from packaging of the cosmetic product, that trace quantity shall not cause the product to be in violation of this section. c. The provisions of this section shall not apply to a product that contains intentionally added PFAS only in electronic components or internal components of the product. L.2025, c.202, s.4.

N.J. Stat. § 56:3-57 Carpet or fabric treatment containing intentionally added PFAS.

5. a. Beginning two years after the effective date of this act, no person shall sell, offer for sale, or distribute for sale in the State a carpet or fabric treatment that contains intentionally added PFAS. This prohibition shall not apply to the sale or resale of a used carpet or fabric treatment. b. If a carpet or fabric treatment contains a technically unavoidable trace quantity of PFAS, which stems from impurities of natural or synthetic ingredients or the manufacturing process, storage, or migration from packaging of the product, that trace quantity shall not cause the product to be in violation of this section. L.2025, c.202, s.5.

N.J. Stat. § 56:3-58 Food packaging containing intentionally added PFAS.

6. a. Beginning two years after the effective date of this act, no person shall sell, offer for sale, or distribute for sale in the State any food packaging that contains intentionally added PFAS. b. If a food packaging product contains a technically unavoidable trace quantity of PFAS, which stems from impurities of natural or synthetic ingredients or the manufacturing process, storage, or migration from packaging of the product, that trace quantity shall not cause the product to be in violation of this section. L.2025, c.202, s.6.

N.J. Stat. § 56:3-59 Manufacturers of cookware containing intentionally added PFAS.

7. a. Beginning two years after the effective date of this act, a manufacturer of cookware sold in the State that contains an intentionally added PFAS in the handle of the product or in any product surface that comes into contact with food, foodstuffs, or beverages shall list the presence of the intentionally added PFAS on the product label. b. The product label of a cookware product containing PFAS shall include a statement, in both English and Spanish, that reads: “This product contains PFAS.” c. A manufacturer of cookware sold in the State shall ensure that the statement required on the product label pursuant to subsection b. of this section is visible and legible to the consumer, including on the product listing for online sales. d. Beginning two years after the effective date of this act, a manufacturer shall not make a claim, on the product label or Internet website for the cookware product, that the cookware is free of PFAS if PFAS were intentionally added to the cookware. e. Cookware that meets both of the following requirements shall be exempt from the labeling requirements of this section: (1) the surface area of the cookware cannot fit a product label of at least two square inches; and (2) the cookware does not have either of the following: (a) an exterior container or wrapper on which a product label can appear or be affixed; or (b) a tag or other attachment with information about the product attached to the cookware. f. The provisions of this section shall not apply to a product that contains intentionally added PFAS only in electronic components or internal components of the product. g. Notwithstanding the provisions of this section to the contrary, any cookware product with a product label that lists the presence of PFAS or a PFAS chemical pursuant to another state or federal law shall be deemed in compliance with the requirements of this section. L.2025, c.202, s.7.

N.J. Stat. § 56:3-60 Cookware containing intentionally added PFAS.

8. a. Beginning two years after the effective date of this act, no person shall sell, offer for sale, or distribute for sale within the State cookware that contains PFAS unless the cookware and the manufacturer of the cookware have complied with the labeling requirements established pursuant to section 7 of this act. b. If a cookware product contains a technically unavoidable trace quantity of PFAS, which stems from impurities of natural or synthetic ingredients or the manufacturing process, storage, or migration from packaging of the product, that trace quantity shall not cause the product to be in violation of this section. L.2025, c.202, s.8.

N.J. Stat. § 56:3-61 Audits and investigations to assess manufacturer compliance.

9. The division may audit or investigate a manufacturer of a product covered under the provisions of this act to assess the manufacturer's compliance with the requirements of this act. The division shall be authorized to audit, or cause to be audited, a random sample of manufacturers of products covered under the provisions of this act in order to determine compliance with this act. A manufacturer shall cooperate fully with any audit or investigation conducted pursuant to this section. The division may require a manufacturer to pay the costs of an audit conducted pursuant to this section. L.2025, c.202, s.9.

N.J. Stat. § 56:3-62 Violations.

10. a. Whenever the Division of Consumer Affairs finds that a person has violated any provision of this act, or any rule or regulation adopted pursuant thereto, including violating the provisions of subsection d. of section 7 of this act by making a false claim on the product label or Internet website for a cookware product, the division may: (1) issue an order requiring the person found to be in violation to comply in accordance with subsection b. of this section; (2) bring a civil action in accordance with subsection c. of this section; (3) levy a civil administrative penalty in accordance with subsection d. of this section; (4) bring an action for a civil penalty in accordance with subsection e. of this section; (5) direct a manufacturer or other person that is not in compliance with the requirements of this act to stop offering for sale or distributing certain products that contain intentionally added PFAS; or (6) notify the public of a manufacturer that is not in compliance with the requirements of this act. The exercise of any of the remedies provided in this section shall not preclude the seeking of any other remedy specified. b. Whenever the division finds that a person has violated this act, or any rule or regulation adopted pursuant thereto, the division may issue an administrative enforcement order specifying the provision or provisions of this act, or the rule or regulation adopted pursuant thereto, of which the person is in violation, citing the action that constituted the violation, requiring compliance with the provision violated, and giving notice to the person of the person's right to a hearing on the matters contained in the administrative enforcement order. The ordered person shall have 20 calendar days from receipt of the order within which to deliver to the division a written request for a hearing. After the hearing and upon finding that a violation has occurred, the division may issue a final order. If no hearing is requested, the order shall become final after the expiration of the 20-day period. A request for hearing shall not automatically stay the effect of the order. c. The division is authorized to institute a civil action in Superior Court for appropriate relief from any violation of the provisions of this act, or any rule or regulation adopted pursuant thereto. This relief may include an assessment against the violator for the costs of any investigation, inspection, or audit that led to the discovery and establishment of the violation, and for the reasonable costs of preparing and litigating the case under this subsection. d. The division is authorized to impose a civil administrative penalty of not less than $1,000 nor more than $20,000 for each violation, provided that each day during which the violation continues shall constitute an additional, separate, and distinct offense. In assessing a civil administrative penalty, the division shall consider the severity of the violation, the measures taken to prevent further violations, and whether the penalty will maintain an appropriate deterrent. Prior to assessment of a civil administrative penalty, the person committing the violation shall be notified by certified mail or personal service that the penalty is being assessed. The notice shall identify the section of the statute, rule, regulation, or order violated; recite the facts alleged to constitute a violation; state the basis for the amount of the civil administrative penalties to be assessed; and affirm the rights of the alleged violator to a hearing. The ordered party shall have 35 days from receipt of the notice within which to deliver to the division a written request for a hearing. After the hearing and upon finding that a violation has occurred, the division may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order after the expiration of the 35-day period. Payment of the assessment is due when a final order is issued or the notice becomes a final order. The authority to levy an administrative order is in addition to all other enforcement provisions in this act, and the payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. The division may compromise any civil administrative penalty assessed under this section in an amount and with conditions the division determines appropriate. e. A person who violates any provision of this act, or any rule or regulation adopted pursuant thereto, or an administrative order issued pursuant to subsection b. of this section, or a court order issued pursuant to subsection c. of this section, or who fails to pay a civil administrative penalty in full pursuant to subsection d. of this section, or who knowingly makes any false or misleading statement on any application, record, report, or other document required to be submitted to the division shall be subject, upon order of a court, to a civil penalty not to exceed $25,000 per day of the violation, and each day during which the violation continues shall constitute an additional, separate, and distinct offense. Any civil penalty imposed pursuant to this subsection may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), or may be collected in a civil action commenced by the division . In addition to any penalties, costs, or interest charges, the Superior Court, or the municipal court as the case may be, may assess against the violator the amount of economic benefit accruing to the violator from the violation. L.2025, c.202, s.10.

N.J. Stat. § 56:3-63 Confidentiality of proprietary information or trade secrets.

11. a. Any proprietary information or trade secrets included in any written notification, certification, or any other record submitted to the division pursuant to this act shall not be made available to the general public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), commonly known as the open public records act. b. In order to identify the proprietary information or trade secrets to be protected from public disclosure pursuant to subsection a. of this section, a manufacturer shall file a trade secret claim to the division, in a form and manner determined by the division. No later than 90 days after receipt of a trade secret claim, the division shall make a determination on the validity of the trade secret claim. Upon making a determination on the validity of a trade secret claim, the division shall inform the manufacturer of the determination by certified mail. If the division determines that the manufacturer's trade secret claim is not valid, the manufacturer shall have 45 days from the receipt of the division’s determination to file with the division a written request for an administrative hearing on the determination. If the manufacturer does not file such a request within 45 days, the division may take action to disclose the information for which the trade secret claim was made, pursuant to the provisions of this act. If a manufacturer requests an administrative hearing pursuant to the provisions of this subsection, the division shall refer the matter to the Office of Administrative Law, for a hearing thereon. At the hearing the manufacturer shall have the burden to show that the trade secret claim is valid. Within 45 days of receipt of the administrative law judge's recommendation, the division shall affirm, reject, or modify the recommendation. The division’s action shall be considered the final agency action for the purposes of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.), and shall be subject only to judicial review as provided in the Rules of Court. The division shall inform the manufacturer of its decision on the administrative law judge's recommendation by certified mail. c. The subject of any trade secret claim pending or approved shall be treated as confidential information. The division shall not disclose any confidential information to any person except an officer or employee of the State in connection with the official duties of the officer or employee under any law for the protection of public health or the environment. Any officer or employee of the State who has access to any confidential information, and who willingly and knowingly discloses the confidential information to any person not authorized to receive it, shall be guilty of a crime of the third degree. d. Any written notification containing information for which a trade secret claim is pending or has been approved may be made available to the public with that information concealed. L.2025, c.202, s.11.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026