N.J. Admin. Code § 2:52-2.1 - Notice of intent
(a) A dealer licensee
may begin selling milk and milk products to an unlicensed store (other than a
government agency) upon approval by the Director as follows:
1. With a two-week notice to the present supplier
and to the Division of Marketing and Development. Such notice shall be filed by the
proposed new supplier on forms provided for that purpose.
2. Without notice, if the Director finds after
investigation, that the supplier(s) is failing to provide adequate service or to
supply products desired by the store or is supplying milk and milk products which do
not meet minimum standards of the appropriate health authority.
3. Without notice, if such change is mutually
agreeable to all parties.
4. Without
notice, if the unlicensed store account is changing ownership, and the new owner
accepts two or less deliveries of milk and milk products from the supplier. (If the
new owner accepts three or more deliveries of milk and milk products from the
supplier, notice shall be required.) As used herein "changing ownership" must be a
bona fide transfer of title to the new owner(s). Transfers of title to another
member of the owner's immediate family or partial change of ownership shall not be
considered a change of ownership for purposes of this regulation.
5. Without notice, if the authorized supplier
transfers the account to another supplier; however, if the unlicensed store is
notified in writing of the transfer and accepts three deliveries from the new
supplier after the date the written notice is received by the unlicensed store,
notice shall be required.
6. Without
notice if yogurt is the only product involved.
(b) Approval to serve the unlicensed store may be
denied if the Director determines through investigation that the offer violates the
Milk Control Act or rules and regulations issued pursuant thereto. Also until the
store pays all indebtedness, less any legal rebates and discounts earned, for milk
and fluid milk products purchased from the previous supplier(s) approval to change
supplier(s) shall be withheld.
(c) To
provide an orderly flow of milk and milk products, all requests for assistance
related to, but not limited to, this section must be filed with the Director of
Marketing and Development within 30 days from date of last business transaction
between the store and the previous supplier; and shall include the location of the
store, amount in dispute, any attempted resolution and any other information
necessary for a determination of compliance and/or the administration and
enforcement of the applicable New Jersey statutes and rules.
Notes
See: 16 N.J.R. 2028(a), 16 N.J.R. 3004(b).
Deleted old (a)1; renumbered (a)2.-3. as (a)1.-2.; added new (a)3.
Amended by R.1985 d.75, effective
See: 16 N.J.R. 3071(a), 17 N.J.R. 576(a).
(a)4 added.
Amended by R.1985 d.335, effective
See: 17 N.J.R. 1012(a), 17 N.J.R. 1645(b).
(a)6 added.
Amended by R.2005 d.327, effective
See: 37 N.J.R. 1913(a), 37 N.J.R. 3968(a).
In (b), added "through investigation" following "Director determines"; added (c).
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