Chapter 47C General Commodities - Weights and Measures

1 PLEASE READ. Rules and regulations of the New Jersey Division of Consumer Affairs (Division), the boards and committees in, and other units of, the Division are codified in Title 13 of the New Jersey Administrative Code, published by LexisNexis. Notices of proposal and notices of adoption are printed in the New Jersey Register, also published by LexisNexis. The official text of the rules and regulations and their regulatory history and notices of rule proposals and adoptions can be found through LexisNexis. LexisNexis: The text of rules and regulations and notices of proposal and adoptions in PDF format provided on this website by the Division are unofficial courtesy copies, which may differ from the official text. Though every effort is made to ensure that the text of courtesy copies is identical to the official version, if any discrepancies exist between the text on this website and the official version, the official version will govern.

2 General Commodities ; Weights AND Measures LAW AND PUBLIC SAFETY N E W J E R S E Y A D M I N I S T R AT I V E C O D E TITLE 13 LAW AND P UBLIC S AFETY Chapter 47C General Commodities ; Weights AND Measures Chapter 47C Page 1 of 16 Last Revision Date: 6/20/2011 General Commodities ; Weights AND Measures LAW AND PUBLIC SAFETY C H A P T E R TA B L E O F C O N T E N T S SUBCHAPTER 1. DEFINITIONS .. 3 13:47C Words and phrases defined .. 3 SUBCHAPTER 2. FOODSTUFFS .. 6 13:47C Meat, poultry, fish and/or shellfish sold by net weight : methods of sale .. 6 13:47C Sectioned poultry .. 7 13:47C Dried or smoked fish .. 8 13:47C Divided units of food .. 8 13:47C Ready to eat 8 13:47C Fresh meat roasts .. 9 13:47C Primal cuts of meats .. 9 SUBCHAPTER 3. NONFOODSTUFFS .. 10 13:47C Cordwood and firewood .. 10 13:47C Holiday decorating materials .. 12 13:47C Wiping materials .. 12 13:47C Advertising of building materials.

3 12 13:47C Penalties .. 13 13:47C Standard for treated lumber .. 13 SUBCHAPTERS 4 THROUGH 5. (RESERVED) .. 15 SUBCHAPTER 6. REQUIREMENTS FOR SECURITY BOND REQUIRED BY TRANSIENT BUYERS OF PRECIOUS METALS .. 15 13:47C Transient buyer bond requirements .. 15 13:47C Notice of Intention .. 15 13:47C Claims .. 15 Chapter 47C Page 2 of 16 Last Revision Date: 6/20/2011 General Commodities ; Weights AND Measures LAW AND PUBLIC SAFETY SUBCHAPTER 1. DEFINITIONS. 13 WORDS AND PHRASES DEFINED. The following words and terms, as used in this Chapter , shall have the following meanings unless the context clearly indicates otherwise. Advertising media or means means any attempt directly or indirectly by publication, dissemination, solicitation, endorsement or circulation or in any other way to induce directly or indirectly any person to enter or not enter into' any obligation or acquire any title or interest in any building materials as defined by this regulation.

4 Building materials means lumber, wood, and wood product materials used in connection with the construction, fabrication, and erection of residential, utility or business premises. Consumer means any person who purchases building materials for incorporation into any type of structure. Cord means the amount of wood which is contained in a space of 128 cubic feet, when the wood is ranked and well stowed. For the purpose of this regulation, ranked and well stowed . shall be construed to mean when pieces of wood are placed in a line or row, with individual pieces touching and parallel to each other, and stacked in a compact manner. Cordwood , firewood , fireplace and stove wood mean any logs, boards, timbers or other wood, split or not split, advertised, offered for sale, or sold as fuel. Cut-up poultry means all dressed poultry from which the entire viscera (entrails) have been removed and the carcass of which has been cut into portions or dismembered.

5 Dry tare means the unused dry tare and used dry tare methods of net weight inspection. Equipped dealer means any person who is regularly engaged in the business of selling or selling and delivering building materials to consumers in the State of New Jersey and who maintains unloading or loading, storage, transportation, communication, sales, services or other Chapter 47C Page 3 of 16 Last Revision Date: 6/20/2011 General Commodities ; Weights AND Measures LAW AND PUBLIC SAFETY facilities therefor, with an office accessible to the public with a competent person on duty, commensurate with the nature and other requirements of the business. Grade and species means those grades and species for building materials that are authorized by 51:4-27. Lumber means the wood obtained from the felling, trimming and working up of all kinds and types of trees for use as a structural material. Meat means and includes beef, veal, pork, mutton, lamb, domestic rabbits and products of all kinds in which meat of the prescribed classes forms the basic ingredient.

6 Offer for sale or expose for sale shall be construed to include the use of any advertising media or means. Persons means and includes corporations, companies, associations, societies, firms, partnerships, joint stock companies and governmental entities as well as individuals. Poultry means and includes chickens, ducks, geese, turkeys, guineas and all products the basic ingredient of which is poultry of prescribed classes; provided, however, that squabs shall be exempt from the requirements of this Chapter . Precious metals means gold, silver, platinum, palladium, and alloys thereof. Processed means meat, whether fresh or frozen, that has been removed from the shells of clams, mussels, oysters or other mollusks and has been chopped or commingled with other solid foods. State Superintendent or Superintendent means the State Superintendent of the Office of Weights and Measures in the Division of Consumer Affairs, New Jersey State Department of Law and Public Safety.

7 Transient buyer means a buyer of precious metals as provided for in 51:6A-1 et seq. who has not been in the retail business continuously for at least six months at the address Chapter 47C Page 4 of 16 Last Revision Date: 6/20/2011 General Commodities ; Weights AND Measures LAW AND PUBLIC SAFETY in the municipality where he is required to register or who intends to close out or discontinue all retail business in the municipality within six months. Treated lumber means any lumber or lumber product which has been chemically treated for the purpose of retarding or preventing deterioration or destruction by insects, fungi, bacteria or other wood destroying organisms. Unequipped dealer means any person who is regularly engaged in the business of selling building materials at retail in the State of New Jersey to consumers in this State who does not maintain loading, unloading or storage facilities. Unused dry tare means all unused packaging materials, including such materials as glue, labels, and ties, that contain or enclose a product and includes prizes, gifts, coupons, or decorations that are not part of the product.

8 Used dry tare or dried used tare means used packaging material that has been air dried or dried in some manner to simulate the unused tare weight , including all packaging materials that can be separated from the packaged product either readily or by washing, scraping, ambient air drying, or other techniques involving more than normal household recovery procedures, but not including laboratory procedures like oven drying. Whole logs means any single piece of wood, greater in length than eight feet, unsplit and in the natural state. The trimming or looping of limbs from such logs is permitted and shall not be deemed to change the natural state of such logs. Wiping materials means and includes all textiles, washed and unwashed, new or old, such as mill rags, mill ends, remnants, cheesecloth, cotton thread, shoddy, clippings, machined cotton and wool waste, discarded garments, discarded household textiles, raw cotton or any other material or thing sold, distributed or used as wiping material.

9 Chapter 47C Page 5 of 16 Last Revision Date: 6/20/2011 General Commodities ; Weights AND Measures LAW AND PUBLIC SAFETY SUBCHAPTER 2. FOODSTUFFS. 13 MEAT, POULTRY, FISH AND/OR SHELLFISH SOLD BY NET weight : METHODS OF SALE. a) All meat, poultry, fish and shellfish offered for sale or sold in the State of New Jersey shall be offered for sale or sold on the basis of net weight only, except as provided in (b) through (e) below. b) Shellfish, except as provided in (e) below may be sold by weight , measure and/or count. c) When meat, poultry, fish or seafood is combined with some other food element to form a distinctive food product, the representation of quantity may be in terms of the total weight of the combined product and a representation of quantity need not be made for each element. d) Labels on ready-to-cook stuffed fish, seafood, poultry, or meat products must show the total net weight of the stuffed fish, seafood, poultry, or meat product.

10 E) Clams, mussels, oysters, and other mollusks shall be offered for sale in the following manner: 1) Processed clams, mussels, oysters and other mollusks on the half shell, fresh or frozen, shall be sold by net weight excluding the weight of the shell. 2) Canned (heat-processed) mussels, clams, oysters, and other mollusks shall be sold by net weight : i) A maximum of 41 percent free liquid by weight is permitted for canned oysters. 3) Fresh oysters, clams, mussels, and other mollusks removed from the shell and placed in a container shall be sold by liquid volume. A maximum of 15 percent free liquid by weight is permitted. 4) Whole clams, oysters, mussels and other mollusks in the shell, fresh or frozen, shall be sold by one of the following methods, and size designations may be provided. i) weight , including the shell but not including any liquid or ice packed with the clams, oysters, mussels or other mollusks.