{"data":{"id":"us-nj/n.j.-stat.-13-1e-99.134c","jurisdiction":"us-nj","citation":"N.J. Stat. § 13:1E-99.134c","heading":"Violation against single-use utensil, condiment prohibition, penalties, exceptions.","body":"3. a. Any  food service business that violates the provisions of section 2 of P.L.2025, c.298 (C.13:1E-99.134b) shall be subject to a warning for the first offense, a civil penalty of $100 for the second offense, and a civil penalty of $250 for the third and each subsequent offense.  In the event a food service business is assessed a penalty for violating the provisions of section 2 of P.L.2025, c.298 (C.13:1E-99.134b), if that food service business does not commit a violation for a period of at least 12 months from the time the penalty was assessed, the subsequent penalty assessed for that food service business shall be considered a second offense.  Each day on which a violation occurs shall constitute a separate and distinct offense.\nb.\tA penalty imposed pursuant to this section shall be collected, by the commissioner, a municipality, or an entity certified pursuant to the \"County Environmental Health Act,\" P.L.1977, c.443 (C.26:3A2-21 et seq.), in a summary proceeding commenced, pursuant to the provisions of the \"Penalty Enforcement Law of 1999,\" P.L.1999, c.274 (C.2A:58-10 et seq.), before a court of competent jurisdiction.  The Superior Court and municipal courts shall have jurisdiction to enforce the provisions of the \"Penalty Enforcement Law of 1999,\" P.L.1999, c.274 (C.2A:58-10 et seq.), for the purposes of this section.  Entities certified pursuant to the \"County Environmental Health Act,\" P.L.1977, c.443 (C.26:3A2-21 et seq.) shall assume primary enforcement responsibility for violations of the provisions of section 2 of P.L.2025, c.298 (C.13:1E-99.134b).\nc.\tAny moneys collected from penalties imposed pursuant to this section shall be deposited into the \"Clean Communities Program Fund,\" established pursuant to section 5 of P.L.2002, c.128 (C.13:1E-217), except that a municipality or entity certified pursuant to the \"County Environmental Health Act,\" P.L.1977, c.443 (C.26:3A2-21 et seq.) may retain 30 percent of any penalty it collects pursuant to this section .\nd.\tNotwithstanding any provision of P.L.2025, c.298 (C.13:1E-99.134a et al.) to the contrary, a food service business shall be authorized to acquire, and to maintain on its premises, an adequate supply of non-bundled single-use utensils or condiments for the purposes of providing such single-use utensils or condiments to customers, upon request, in accordance with the provisions of  paragraphs (2) and (3) of subsection a. of section 2 of P.L.2025, c.298 (C.13:1E-99.134b), and no food service business shall be subject to a penalty, pursuant to subsection a. of this section, for acquiring, possessing, or maintaining a supply of single-use utensils or condiments for the limited purposes authorized by this subsection.\nL.2025, c.298, s.3.","path":["TITLE 13 CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS"],"source_url":"https://pub.njleg.state.nj.us/statutes/STATUTES-TEXT.zip","current_through":"P.L.2025, c.405, and J.R.22","vintage":"","retrieved_at":"2026-08-27T17:54:13Z","sha256":"2be28b16c65f5afbf521014938a3b6bfdae527aa969d7cd3bccaa2c6ea7ee040","source_id":"us-nj","stale":true,"prev":"us-nj/n.j.-stat.-13-1e-99.134b","next":"us-nj/n.j.-stat.-13-1e-99.134d"},"notice":"GroundRules: Original legal text. Not legal advice."}