N.J. Admin. Code § 7:27-23.8

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

Section 7:27-23.8 - Penalties for failure to comply

(a) Any person subject to this subchapter shall be responsible for ensuring compliance with all requirements of this subchapter. Failure to comply with any provision of this subchapter may subject the person to civil penalties in accordance with N.J.A.C. 7:27A-3 and applicable criminal penalties, including, but not limited to, those set forth at N.J.S.A. 26:2C-19(f)1 and 2.

(b) If a product that is subject to this subchapter is determined to fail to comply with the applicable VOC content requirements at N.J.A.C. 7:27-23.3, the Department may issue an order including any or all of the following:

1. Requiring the product's manufacturer to:

i. Demonstrate to the satisfaction of the Department that the product in fact complies with the applicable VOC content requirements at N.J.A.C. 7:27-23.3;

ii. Demonstrate to the satisfaction of the Department that the test results or calculations for that specific unit are not representative of the entire batch, or entire product line of that unit; and/or

iii. Within 30 days of the submission of the test report to the Department, recall its non-complying product from all retail outlets in New Jersey;

2. Requiring any distributor or supplier of the product to assist in a recall by taking back any of the product it has supplied to a retail outlet; and/or

3. Prohibiting the sale of the product in New Jersey until the manufacturer makes a demonstration, satisfactory to the Department, that the product to be sold will meet the applicable VOC content requirements at N.J.A.C. 7:27-23.3.

N.J. Admin. Code § 7:27-23.8

New Rule, R.2004 d.236, effective 6/21/2004 (operative July 20, 2004).
See: 35 New Jersey Register 2983(a), 35 New Jersey Register 4241(a), 36 New Jersey Register 3078(a).