New Jersey § 13:1e-99

§ 13:1e-99.

a. Whenever the commissioner finds that a package or packaging component fails to

comply with the provisions of this act, or any rule or regulation adopted pursuant

thereto, the commissioner may issue an order requiring the distributor or retailer,

as the department deems appropriate, to remove or arrange for the removal of the entire

allotment of the product packaged in the noncomplying package or packaging component

from the premises, and directing that the distributor or retailer return the entire

allotment of the product packaged in the noncomplying package or packaging component

to the product manufacturer for credit or reimbursement. b. Whenever the commissioner finds that a package manufacturer, product manufacturer

or distributor has failed to respond to a request for certification made by the department

pursuant to subsection b. of section 9 of this act, 1 the commissioner may issue an order requiring the package manufacturer or product

manufacturer, as the department deems appropriate, to submit a specified package or

packaging component to laboratory analysis, conducted at the ordered person's expense

by a laboratory certified by the department in accordance with rules or regulations

adopted pursuant to the “Administrative Procedure Act,” in order to certify that the

package or packaging component is in compliance with the provisions of this act. c. Whenever the commissioner finds that a package or packaging component fails to

comply with the provisions of this act, or any rule or regulation adopted pursuant

thereto, all samples taken from the same allotment of the noncomplying package or

packaging component for the purpose of testing shall constitute a single violation. 1

N.J.S.A. § 13:1E-99.52.