New Jersey § 2a:170-51

§ 2a:170-51.

a. No person, either directly or indirectly by an agent or employee, or by a vending

machine owned by the person or located in the person's establishment, shall sell,

offer for sale, distribute for commercial purpose at no cost or minimal cost or with

coupons or rebate offers, give or furnish, to a person a cigarette, or any component

part thereof, which contains a natural or artificial constituent or additive that

causes the cigarette or any smoke emanating from that product to have a characterizing

flavor other than tobacco, clove or menthol. In no event shall a cigarette or any component part thereof be construed to have

a characterizing flavor based solely on the use of additives or flavorings, or the

provision of an ingredient list made available by any means. As used in this section: (1) “ characterizing flavor other than tobacco, clove or menthol ” means that: the cigarette, or any smoke emanating from that product, imparts a

distinguishable flavor, taste or aroma other than tobacco, clove or menthol prior

to or during consumption, including, but not limited to, any fruit, chocolate, vanilla,

honey, candy, cocoa, dessert, alcoholic beverage, herb or spice flavoring; or the

cigarette or any component part thereof is advertised or marketed as having or producing

any such flavor, taste or aroma; (2) “ cigarette ” means (a) any roll of tobacco wrapped in paper or in any substance not containing

tobacco, and (b) any roll of tobacco wrapped in any substance containing tobacco which,

because of its appearance, the type of tobacco used in the filler, or its packaging

and labeling, is likely to be offered to, or purchased by, consumers as a cigarette

as described in subparagraph (a) of this paragraph (2); and (3) “ component part thereof ” includes, but is not limited to, the tobacco, paper, roll or filter, or any other

matter or substance which can be smoked. b. A person who violates the provisions of subsection a. of this section shall be

liable to a civil penalty of not less than $250 for the first violation, not less

than $500 for the second violation, and $1,000 for the third and each subsequent violation. The civil penalty shall be collected pursuant to the “Penalty Enforcement Law of

1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health

codes or a law enforcement officer having enforcement authority in that municipality

may issue a summons for a violation of the provisions of subsection a. of this section,

and may serve and execute all process with respect to the enforcement of this section

consistent with the Rules of Court. A penalty recovered under the provisions of this subsection shall be recovered by

and in the name of the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation

occurred for the general uses of the municipality. c. In addition to the provisions of subsection b. of this section, upon the recommendation

of the municipality, following a hearing by the municipality, the Division of Taxation

in the Department of the Treasury may suspend or, after a second or subsequent violation

of the provisions of subsection a. of this section, revoke the license of a retail

dealer issued under section 202 of P.L.1948, c. 65 ( C.54:40A-4 ). The licensee shall be subject to administrative charges, based on a schedule issued

by the Director of the Division of Taxation, which may provide for a monetary penalty

in lieu of a suspension.