New Jersey § 52:27d-141

§ 52:27d-141.

a. A manufacturer of a product regulated pursuant to section 4 of this act 1 shall annually test samples of its products in order to ensure compliance with the

efficiency standards established therein. b. A manufacturer of a product regulated pursuant to section 4 of this act shall annually

certify to the commissioner that the product is in compliance with the provisions

of this act. 2 c. A manufacturer of a product regulated pursuant to section 4 of this act shall identify

that each product offered for sale in the State is in compliance with the provisions

of this act by means of a mark, label, or tag on the product and packaging at the

time of sale. An existing mark, label, or tag may be used to satisfy this requirement, provided

that it clearly expresses that the product meets the applicable efficiency standard. A manufacturer shall include information about the mark, label, or tag used to comply

with the provisions of this subsection in its annual certification to the commissioner

required by subsection b. of this section. d. With prior notice, the commissioner may periodically inspect distributors or retailers

of new products regulated pursuant to this act in order to determine compliance with

the provisions of this act. e. The commissioner shall investigate complaints received concerning violations of

this act. A manufacturer, distributor, retailer, or person who violates the provisions of

this act shall be issued a warning by the commissioner for a first violation and shall

be subject to a civil penalty of up to $1,000 for each subsequent offense. Third and subsequent violations shall be subject to a civil penalty of not more

than $5,000 for each offense. Each violation shall constitute a separate offense, and each day that such violation

continues shall constitute a separate offense. The department may institute an action or proceeding in the Superior Court for injunctive

and other relief for any violation of this act or of any rule or regulation adopted

pursuant thereto, and the court may proceed in the action in a summary manner. Such relief may include prohibiting the person from selling or offering for sale

the non-compliant product in the State. f. In addition the penalties provided in subsection e. of this section, if a product

regulated pursuant to this act is found not to be in compliance with the minimum efficiency

standards established under this act, the commissioner shall issue a violation to

the manufacturer of such product which shall subject the manufacturer to a civil penalty

equal to twice the cost of product purchase and testing. The commissioner shall make information available to the public on products found

not to be in compliance with the standards. g. A civil penalty imposed pursuant to this section shall be collected in a summary

manner under the “Penalty Enforcement Law of 1999,” P.L.1999, c. 274 ( C.2A:58-10 et seq. ). All monies collected by the department may be retained by the department for the

costs of administering and enforcing the provisions of this act. 1

N.J.S.A. § 52:27D-141.21. 2

L.2021, c. 464 (N.J.S.A. § 52:27D-141.18 et seq.).