New Jersey § 24:12-14

§ 24:12-14.

a. The Commissioner of Health, upon receipt of information that a contaminant which

is present in bottled water may present an imminent and substantial endangerment to

the public health and safety, may take any action deemed necessary to protect the

public health and safety. The actions may include, but need not be limited to: (1) issuing such orders as

may be necessary to protect consumers of the bottled water; and (2) commencing a

civil action for appropriate relief, including a restraining order or permanent or

temporary injunction. The Department of Health may institute a civil action in a court of competent jurisdiction

for injunctive or any other appropriate relief to prohibit and prevent a violation

of the provisions of this act or any rule or regulation adopted, or order issued,

pursuant thereto, and the court may proceed in the action in a summary manner. b. Any person who sells or manufactures or who has in his possession with intent to

sell in this State any bottled water in violation of this act or any rule, regulation

or order adopted or issued pursuant to this act, shall be liable to a civil administrative

penalty of not more than $5,000.00 for the first offense, nor more than $10,000.00

for the second offense, and up to $25,000.00 for the third and each subsequent offense. A person selling bottled water at retail shall be liable for these civil administrative

penalties only upon a failure to obey an order issued by the Department of Health

to remove any bottled water manufactured, sold, or offered for sale in violation of

this act. If the violation is of a continuing nature, each day during which it continues subsequent

to receipt of an order to cease the violation shall constitute an additional, separate

and distinct offense. No civil administrative penalty shall be levied, except subsequent to the notification

of violation by certified mail or personal service. The notice shall include a reference to the section of the law, rule, regulation,

order or permit condition violated; a concise statement of the facts alleged to constitute

the violation; a statement of the amount of the civil penalties to be imposed; and

a statement of the person's right to a hearing. The person shall have 20 days from receipt of the notice within which to deliver

to the Commissioner of Health a written request for a hearing. Subsequent to the hearing and upon a finding that a violation has occurred, the

Commissioner of Health 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 upon expiration

of the 20-day period. Payment of the penalty is due when a final order is issued or when the notice becomes

a final order. The authority to levy a civil administrative penalty is in addition to all other

enforcement provisions of this act, and the payment of a civil administrative penalty

shall not be deemed to affect the availability of any other enforcement provision

in connection with the violations for which the penalty is levied. c. The Department of Health is authorized to compromise and settle any claim for a

penalty under this section in such amount in the discretion of the department as may

appear appropriate and equitable under the circumstances, including the posting of

a performance bond by the violator. d. Any person who violates this act, or an administrative order issued pursuant to

subsection b. of this section, or a court order issued pursuant to subsection a. of

this section, or who fails to pay a civil administrative penalty in full pursuant

to subsection b. or c. of this section shall be subject, upon order of the court,

to a civil penalty not to exceed $10,000.00 per day of the violation, and each day's

continuance of the violation constitutes a separate and distinct violation. A person selling bottled water at retail shall be subject to a civil penalty only

upon a failure to obey an order issued by the Department of Health to remove any bottled

water manufactured, sold, or offered for sale in violation of this act. Any penalty imposed under this subsection may be recovered with costs in a summary

proceeding pursuant to “the penalty enforcement law” ( N.J.S. 2A:58-1 et seq. ). The Superior Court shall have jurisdiction to enforce “the penalty enforcement law.”