Statutes, codes, and regulations
New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETYChapter 45A - ADMINISTRATIVE RULES OF THE DIVISION OF CONSUMER AFFAIRS
Subchapter 21 - REGULATIONS CONCERNING THE SALE OF FOOD REPRESENTED AS KOSHER
Section 13:45A-21.2 - Disclosure requirements

N.J. Admin. Code § 13:45A-21.2

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Current through Register Vol. 56, No. 9, May 6, 2024
Section 13:45A-21.2 - Disclosure requirements
(a) A dealer shall post on premises where food is sold, in a location readily visible to the consumer, a completed disclosure statement provided by the Division for that purpose.
1. In establishments such as hospitals or other places where representations that food is kosher are not made until after the consumer has made a request for kosher food, the disclosure shall be provided to the consumer either prior to serving the food or together with the food served.
2. Nursing homes, summer camps, caterers or other places providing food pursuant to a contract shall provide the consumer or his or her legal representative with a copy of the disclosure prior to the signing of the contract. This requirement is in addition to the posted disclosure stated in (a) above.
(b) A dealer representing itself as having kosher supervision shall post in a location on its premises, readily visible to the consumer, the completed kosher supervision disclosure statement provided by the Division.
(c) A dealer selling food represented as kosher for Passover shall post on its premises, in a location readily visible to the consumer, a completed Passover disclosure provided by the Division for that purpose. The disclosure must be posted at least 30 days before Passover and stay posted until the conclusion of Passover.
1. Where a dealer assumes a facility to be used exclusively for the Passover holiday and it is not its regular facility, that dealer is not required to post the Passover disclosure until such time as it takes residence in that facility.
2. Nursing homes, camps, caterers or other places providing food during Passover pursuant to a contract shall provide the consumer or his or her legal representative with a copy of the disclosure prior to the signing of the contract. This requirement is in addition to the posted disclosure stated in (c) above.
(d) A dealer shall complete and return to the Division within 14 calendar days of receipt:
1. The copy of the disclosure form provided by the Division for that purpose; and
2. If representing to be under kosher supervision, the copy of the disclosure form provided by the Division for that purpose; and
3. If representing the sale of food as kosher for Passover, the copy of the disclosure form as provided in (c) above.
(e) A dealer completing the disclosures as stated in (a), (b), (c) and/or (d) above is required to conform sales practices to those disclosures.
(f) Dealers shall immediately amend disclosures to reflect any change in the posted practices and shall inform the Director, in writing, and if applicable, any party to a contract, within 14 calendar days of any change in the stated information.
(g) A dealer representing itself as being under kosher supervision shall maintain a permanently bound logbook that shall include for each inspection visit of the person or organization providing supervision, the signature and printed name of the person performing the inspection, date and time of arrival at the establishment. The logbook shall be maintained for a period of not less than two years after the final entry.
(h) Persons advertising the sale of both food represented as kosher and food not represented as kosher shall display in a prominent place in its front window or front entrance the following sign which shall be printed in block letters at least four inches in height: "KOSHER AND NONKOSHER FOOD SOLD HERE."
1. In the case of a restaurant, hotel, caterer or other place where food is served the word "SERVED" may be submitted for "SOLD."
2. Any dealer posting the disclosure required in (a) above and identifying itself on that form as selling kosher and nonkosher food is not required to post the disclosure stated in this subsection.
(i) Any person whose sole representation of kosher is limited to properly sealed packages prepared by others shall be exempt from the requirements of this section.

N.J. Admin. Code § 13:45A-21.2

Amended by R.2012 d.016, effective 1/17/2012.
See: 43 N.J.R. 1130(a), 44 N.J.R. 166(b).
In (b), (d)2, and (g), substituted "kosher" for "rabbinical"; in (c)2, deleted "summer" preceding "camps"; and in (g), substituted "person or organization providing supervision," for "supervising rabbi or his representative".