N.J. Admin. Code § 7:26H-5.22 - Vehicles used to transport food not to be used to transport solid waste; exceptions and penalties
(a) Except as
provided in (b), (c) or (d) below, no vehicle, including any truck, trailer or
other haulage vehicle other than a truck tractor, utilized for the
transportation of solid waste in this State , shall be subsequently utilized for
the transportation of fresh food or fresh food products, including meat,
poultry, produce or other non-processed fresh food products intended for sale
for human consumption. The presence of refrigeration equipment in a vehicle
shall be prima facie evidence that the vehicle is used for the transportation
of fresh food or fresh food products, unless the vehicle is lawfully
registered, equipped and operated for the transportation of medical
waste.
(b) No vehicle which is
registered pursuant to State solid waste laws and regulations for lawful solid
waste transportation activities in this State shall be utilized for the
transportation of fresh food or fresh food products, including meat, poultry,
produce or other non-processed fresh food products intended for sale for human
consumption, unless that vehicle has been appropriately cleaned and sanitized
in accordance with rules adopted by the Department , after consultation with the
Department of Health and Senior Services, prior to any use for the
transportation of fresh food or fresh food products.
(c) The provisions of this section shall not
apply to any vehicles utilized for the transportation of source separated
recyclable materials as defined at
N.J.S.A.
13:1E-99.12.
(d) A vehicle, including any truck, trailer
or other haulage vehicle other than a truck tractor, owned or operated by any
person engaging in the transportation of fresh produce intended for human
consumption, may be utilized for the transportation of vegetative waste
material generated from the fresh produce that was transported in that vehicle
if the vegetative waste material is transported without delay to a vegetative
waste composting facility .
(e) Any
owner or operator who knowingly violates the provisions of
N.J.S.A.
48:13A-12.1 is guilty of a crime of the third
degree.
(f) The provisions of
N.J.S.A N.J.S.A. 2C:43-3 to the contrary
notwithstanding, any person convicted of a violation of the provisions of
N.J.S.A.
48:13A-12.1 is subject to a fine of not less
than $ 7,500 for a first offense, not more than $ 10,000 for a second offense
and not more than $ 25,000 for a third and every subsequent offense. Each day
during which the violation continues constitutes an additional, separate and
distinct offense.
(g) If a person
is convicted of a violation of the provisions of
N.J.S.A.
48:13A-12.1, the court shall, in addition to
the penalties provided under that statute, require the person to perform
community service for a term of not more than 90 days, and the person shall
forthwith forfeit his right to operate a motor vehicle over the highways of
this State for a period of not less than six months nor more than one
year.
(h) All conveyances used or
intended for use in the unlawful transportation of solid waste in violation of
the provisions at
N.J.S.A.
48:13A-12.1 are subject to forfeiture to the
State pursuant to the provisions at
N.J.S.A.
13:1K-1 et seq.
(i) A violation under this section is
non-minor and, therefore, not subject to a grace period .
Notes
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
Amended by R.2006 d.343, effective
See: 37 N.J.R. 3130(a), 38 N.J.R. 3782(b).
Added (i).
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