N.J. Admin. Code § 13:45A-14.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:45A-14.5 - Exempt consumer commodities

(a) The following consumer commodities shall be deemed exempt consumer commodities and may be exposed or offered for sale at retail without complying with the provisions of this subchapter:

1. Medicines sold by prescription only;

2. Vitamins;

3. Beverages subject to or complying with packaging or labeling requirements imposed under the Federal Alcoholic Administration;

4. Consumer commodities required to be marked individually with the cost per unit of weight pursuant to N.J.A.C. 13:47K-4;

5. Any consumer commodity offered for sale at a net quantity equal to the approved unit of measure for such commodity, provided that the retail price of the commodity is plainly marked on the commodity, or shelf molding;

6. Any consumer commodity offered for sale in one size only, and not comparable in form to any other product;

7. Any consumer commodity co-mingled with other consumer commodities for purposes of a one-price sale;

8. Any consumer commodity packaged to include more than one food product (i.e. T.V. dinner or mixed vegetables);

9. Bakery products sold in a service department which are not prepacked outside of the seller's premises;

10. Snack foods, including, but not limited to, cakes, candy, nuts, gum, chips and pretzels sold in packages weighing five ounces or less;

11. Spices, flavor extracts, imitation flavoring and boullion cubes sold in packages of five ounces or less in weight or fluid ounces;

12. Ice cream, ice milk, frozen yogurt, frozen desserts;

13. Frozen foods.

(b) Any and all consumer commodities not specifically included in those regulated consumer commodities set forth in N.J.A.C. 13:45A-14.4 shall be deemed to be exempt from the provisions of L.1975, c.242, section 3 as though specifically listed as an exempt consumer commodity under this section.

N.J. Admin. Code § 13:45A-14.5

Amended by R.1998 d.489, effective 10/5/1998.
See: 29 New Jersey Register 3772(a), 30 New Jersey Register 3657(b).
In (a), changed the N.J.A.C. reference in 4.