N.J. Admin. Code § 2:55-4.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 2:55-4.2 - Responsibility of Secretary

(a) Upon receipt of a report pursuant to N.J.A.C. 2:55-4.1(a)1 or 2, the Secretary shall verify that fresh milk was not available and shall notify the vendor of the Secretary's finding.

(b) A finding by the Secretary that fresh milk was available shall void the offer of proof by the vendor, and shall constitute a failure to acquire sufficient fresh milk to comply with the agreement in violation of N.J.S.A. 18A:18A-6 and this chapter.

(c) The requirement to pay reasonable handling charges above the Class I price shall not be considered by the Secretary in determining unavailability of fresh milk.

N.J. Admin. Code § 2:55-4.2

Amended by R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).
Rewrote (a) and (b); and in (c), inserted "fresh".