56:8-98 to 56:8-103 LEGISLATIVE HISTORY CHECKLIST Compiled by the NJ State Law Library LAWS OF: 2000 CHAPTER: 60 NJSA: 56:8-98 to 56:8-103 (Halal—Islamic food—protects authenticity) BILL NO: S460 (Substituted for A1919) SPONSOR(S): Girgenti DATE INTRODUCED: Pre-filed COMMITTEE: ASSEMBLY: Consumer Affairs and Regulated Professions SENATE: Law and Public Safety AMENDED DURING PASSAGE: Yes DATE OF PASSAGE: ASSEMBLY: June 5, 2000 SENATE: June 8, 2000 DATE OF APPROVAL: July 12, 2000 FOLLOWING ARE ATTACHED IF AVAILABLE: FINAL TEXT OF BILL (1st reprint enacted) (Amendments during passage denoted by superscript numbers) S460 SPONSORS STATEMENT: (Begins on page 7 of original bill) Yes COMMITTEE STATEMENT: ASSEMBLY: Yes SENATE: Yes FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No A1919 SPONSORS STATEMENT: (Begins on page 7 of original bill) Yes Bill and Sponsors Statement identical to S460 COMMITTEE STATEMENT: ASSEMBLY: Yes Identical to Assembly Committee Statement for S460 SENATE: No FLOOR AMENDMENT STATEMENTS: No LEGISLATIVE FISCAL ESTIMATE: No (continued) VETO MESSAGE: No GOVERNOR’S PRESS RELEASE ON SIGNING: Yes FOLLOWING WERE PRINTED: To check for circulating copies, contact New Jersey State Government Publications at the State Library (609) 278-2640 ext.103 or mailto:refdesk@njstatelib.org REPORTS: No HEARINGS: No NEWSPAPER ARTICLES: Yes New state law to protect purity of Muslim food,” 7-13-2000 Home News and Tribune, p.A3 “Whitman signs bill enforcing Islamic dietary law,” 7-13-2000 The Record, p.A4 “Jersey law protects integrity of halal food,” 7-13-2000 Star Ledger, p.20 SENATE, No. 460 STATE OF NEW JERSEY 209th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION Sponsored by: Senator JOHN A. GIRGENTI District 35 (Passaic) SYNOPSIS Prevents consumer fraud in the preparation, distribution and sale of food represented as halal. CURRENT VERSION OF TEXT As Introduced. S460 GIRGENTI 2 1 AN ACT preventing consumer fraud in the preparation, distribution 2 and sale of food represented as halal, amending the title and body 3 of P.L.1988, c.154, and supplementing P.L.1960, c.39 (C.56:8-1 et 4 seq.). 5 6 BE IT ENACTED by the Senate and General Assembly of the State 7 of New Jersey: 8 9 1. (New section) Sections 1 through 6 of this act shall be known 10 and may be cited as the "Halal Food Consumer Protection Act." 11 12 2. (New section) As used in this act: 13 "Dealer" means any establishment that advertises, represents or 14 holds itself out as selling, preparing or maintaining food as halal, 15 including, but not be limited to, manufacturers, slaughterhouses, 16 wholesalers, stores, restaurants, hotels, catering facilities, butcher 17 shops, summer camps, bakeries, delicatessens, supermarkets, grocery 18 stores, nursing homes, freezer dealers and food plan companies. These 19 establishments may also sell, prepare or maintain food not represented 20 as halal. 21 "Director" means the Director of the Division of Consumer Affairs 22 in the Department of Law and Public Safety or the director's designee. 23 "Food" means a food, food product, food ingredient, dietary 24 supplement or beverage. 25 26 3. (New section) a. Any dealer who prepares, distributes, sells or 27 exposes for sale any food represented to be halal, shall disclose the 28 basis upon which that representation is made by posting the 29 information required by the director, pursuant to regulations adopted 30 pursuant to the authority provided in section 4 of P.L.1960, c.39 31 (C.56:8-4), on a sign of a type and size specified by the director in a 32 conspicuous place upon the premises at which the food is sold or 33 exposed for sale as required by the director. 34 b. It shall be an unlawful practice for any person to violate the 35 requirements of subsection a. of this section. 36 37 4. (New section) Any person subject to the requirements of 38 section 3 of this act shall not have committed an unlawful practice if 39 it can be shown by a preponderance of the evidence that the person 40 relied in good faith upon the representations of a slaughterhouse, 41 manufacturer, processor, packer or distributor of any food represented 42 to be halal. EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. S460 GIRGENTI 3 1 5. (New section) Possession by a dealer of any food not in 2 conformance with the disclosure required by section 3 of this act with 3 respect to that food is presumptive evidence that the person is in 4 possession of that food with the intent to sell. 5 6 6. (New section) Any dealer who prepares, distributes, sells or 7 exposes for sale any food represented to be halal shall comply with all 8 requirements of the director, including, but not limited to, 9 recordkeeping, labeling and filing, pursuant to regulations adopted 10 pursuant to the authority provided in section 4 of P.L.1960, c.39 11 (C.56:8-4). 12 13 7. The title of P.L.1988, c.154 is amended to read as follows: 14 AN ACT [to revise the kosher food law] concerning the preparation, 15 distribution and sale of various foods, supplementing chapter 21 of 16 Title 2C of the New Jersey Statutes and repealing section 23B of 17 P.L.1981, c.290. 18 (cf: P.L.1988, c.154, title) 19 20 8. Section 1 of P.L.1988, c.154 (C.2C:21-7.2) is amended to read 21 as follows: 22 1. As used in this act: 23 a. "Advertise" means engaging in promotional activities including, 24 but not limited to, newspaper, radio and television advertising; the 25 distribution of fliers and circulars; and the display of window and 26 interior signs. 27 b. "Food," "food product," or "food commodity" means any food, 28 food product or food preparation, whether raw or prepared for human 29 consumption, and whether in a solid or liquid state, including, but not 30 limited to, any meat, meat product or meat preparation; any milk, milk 31 product or milk preparation; and any alcoholic or non-alcoholic 32 beverage. 33 c. "Food commodity in package form" means a food commodity 34 put up or packaged in any manner in advance of sale in units suitable 35 for retail sale and which is not intended for consumption at the point 36 of manufacture. 37 d. "Kosher" means prepared under and maintained in strict 38 compliance with the laws and customs of the Orthodox Jewish religion 39 and includes foods prepared for the festival of Passover and 40 represented to be "kosher for Passover." 41 e. "Halal" means prepared under and maintained in strict 42 compliance with the laws and customs of the Islamic religion. 43 (cf: P.L.1988, c.154, s.1) 44 45 9. Section 2 of P.L.1988, c.154 (C.2C:21-7.3) is amended to read 46 as follows: S460 GIRGENTI 4 1 2. a. A false representation prohibited by this act shall include any 2 oral or written statement that directly or indirectly tends to deceive or 3 otherwise lead a reasonable individual to believe that a non-kosher 4 food or food product is kosher. 5 b. The presence of any non-kosher food or food product in any 6 place of business that advertises or represents itself in any manner as 7 selling, offering for sale, preparing or serving kosher food or food 8 products only, is presumptive evidence that the person in possession 9 offers the same for sale in violation of this act. 10 c. It shall be a complete defense to a prosecution under this act 11 that the defendant relied in good faith upon the representations of a 12 slaughterhouse, manufacturer, processor, packer or distributor, or any 13 person or organization which certifies or represents any food or food 14 product at issue to be kosher, kosher for Passover, or as having been 15 prepared under or sanctioned by Orthodox Jewish religious 16 requirements. 17 d. A false representation prohibited by P.L.1988, c.154 (C.2C:21- 18 7.2 et seq.) shall include any oral or written statement that directly or 19 indirectly tends to deceive or otherwise lead a reasonable individual to 20 believe that a non-halal food or food product is halal. 21 e. The presence of any non-halal food or food product in any place 22 of business that advertises or represents itself in any manner as selling, 23 offering for sale, preparing or serving halal food or food products 24 only, is presumptive evidence that the person in possession offers the 25 same for sale in violation of P.L.1988, c.154 (C.2C:21-7.2 et seq.). 26 f. It shall be a complete defense to a prosecution under P.L.1988, 27 c.154 (C.2C:21-7.2 et seq.) that the defendant relied in good faith 28 upon the representations of a slaughterhouse, manufacturer, processor, 29 packer or distributor, or any person or organization which certifies or 30 represents any food or food product at issue to be halal or as having 31 been prepared under or sanctioned by Islamic religious requirements. 32 (cf: P.L.1988, c.154, s.2) 33 34 10. Section 3 of P.L.1988, c.154 (C.2C:21-7.4) is amended to read 35 as follows: 36 3. A person commits a disorderly persons offense if in the course 37 of business he: 38 a. (1) Falsely represents any food sold, prepared, served or offered 39 for sale to be kosher or kosher for Passover; 40 (2) Removes or destroys, or causes to be removed or destroyed, 41 the original means of identification affixed to food commodities to 42 indicate that same are kosher or kosher for Passover, except that this 43 paragraph shall not be construed to prevent the removal of the 44 identification if the commodity is offered for sale as non-kosher; or 45 (3) Sells, disposes of or has in his possession for the purpose of 46 resale as kosher any food commodity to which a slaughterhouse S460 GIRGENTI 5 1 plumba, mark, stamp, tag, brand, label or other means of identification 2 has been fraudulently attached. 3 b. (1) Labels or identifies a food commodity in package form to 4 be kosher or kosher for Passover or possesses such labels or means of 5 identification, unless he is the manufacturer or packer of the food 6 commodity in package form; 7 (2) Labels or identifies an article of food not in package form to be 8 kosher or kosher for Passover or possesses such labels or other means 9 of identification, unless he is the manufacturer of the article of food; 10 (3) Falsely labels any food commodity in package form as kosher 11 or kosher for Passover by having or permitting to be inscribed on it, 12 in any language, the words "kosher" or "kosher for Passover," "parve," 13 "glatt," or any other words or symbols which would tend to deceive or 14 otherwise lead a reasonable individual to believe that the commodity 15 is kosher or kosher for Passover; or 16 (4) Labels any food commodity in package form by having or 17 permitting to be inscribed on it the words "kosher-style," 18 "kosher-type," "Jewish," or "Jewish-style," unless the product label 19 also displays the word "non-kosher" in letters at least as large and in 20 close proximity. 21 c. (1) Sells, offers for sale, prepares, or serves in or from the same 22 place of business both unpackaged non-kosher food and unpackaged 23 food he represents to be kosher unless he posts a window sign at the 24 entrance of his establishment which states in block letters at least four 25 inches in height: "Kosher and Non-Kosher Foods Sold Here," or 26 "Kosher and Non-Kosher Foods Served Here," or a statement of 27 similar import; or 28 (2) Employs any Hebrew word or symbol in any advertising of any 29 food offered for sale or place of business in which food is prepared, 30 whether for on-premises or off-premises consumption, unless the 31 advertisement also sets forth in conjunction therewith and in English, 32 the words "We Sell Kosher Food Only," "We Sell Both Kosher and 33 Non-Kosher Foods," or words of similar import, in letters of at least 34 the same size as the characters used in Hebrew. For the purpose of 35 this paragraph, "Hebrew symbol" means any Hebrew word, or letter, 36 or any symbol, emblem, sign, insignia, or other mark that simulates a 37 Hebrew word or letter. 38 d. (1) Displays for sale in the same show window or other location 39 on or in his place of business, both unpackaged food represented to be 40 kosher and unpackaged non-kosher food, unless he: 41 (a) displays over the kosher and non-kosher food signs that read, 42 in clearly visible block letters, "kosher food" and "non-kosher food," 43 respectively, or, as to the display of meat alone, "kosher meat" and 44 "non-kosher meat," respectively; 45 (b) separates the kosher food products from the non-kosher food 46 products by keeping the products in separate display cabinets, or by S460 GIRGENTI 6 1 segregating kosher items from non-kosher items by use of clearly 2 visible dividers; and 3 (c) slices or otherwise prepares the kosher food products for sale 4 with utensils used solely for kosher food items; 5 (2) Prepares or serves any food as kosher whether for consumption 6 in his place of business or elsewhere if in the same place of business he 7 also prepares or serves non-kosher food, unless he: 8 (a) uses and maintains separate and distinctly labeled or marked 9 dishes and utensils for each type of food; and 10 (b) includes in clearly visible block letters the statement "Kosher 11 and Non-Kosher Foods Prepared and Sold Here" in each menu or sign 12 used or posted on the premises or distributed or advertised off the 13 premises; 14 (3) Sells or has in his possession for the purpose of resale as 15 kosher any food commodity not having affixed thereto the original 16 slaughterhouse plumba, mark, stamp, tag, brand, label or other means 17 of identification employed to indicate that the food commodity is 18 kosher or kosher for Passover; or 19 (4) Sells or offers for sale, as kosher, any fresh meat or poultry that 20 is identified as "soaked and salted," unless (a) the product has in fact 21 been soaked and salted in a manner which makes it kosher; and (b) the 22 product is marked "soaked and salted" on the package label or, if the 23 product is not packaged, on a sign prominently displayed in 24 conjunction with the product. For the purpose of this paragraph, "fresh 25 meat or poultry" shall mean meat and poultry that has not been 26 processed except for salting and soaking. 27 e. (1) Falsely represents any food sold, prepared, served or offered 28 for sale to be halal; 29 (2) Removes or destroys, or causes to be removed or destroyed, 30 the original means of identification affixed to food commodities to 31 indicate that same are halal, except that this paragraph shall not be 32 construed to prevent the removal of the identification if the commodity 33 is offered for sale as non-halal; or 34 (3) Sells, disposes of or has in his possession for the purpose of 35 resale as halal any food commodity to which a slaughterhouse mark, 36 stamp, tag, brand, label or other means of identification has been 37 fraudulently attached. 38 f. (1) Labels or identifies a food commodity in package form to be 39 halal or possesses such labels or means of identification, unless he is 40 the manufacturer or packer of the food commodity in package form; 41 (2) Labels or identifies an article of food not in package form to be 42 halal or possesses such labels or other means of identification, unless 43 he is the manufacturer of the article of food; 44 (3) Falsely labels any food commodity in package form as halal by 45 having or permitting to be inscribed on it, in any language, the words 46 "halal" or "helal," or any other words or symbols, not limited to S460 GIRGENTI 7 1 characters in Arabic writing, which would tend to deceive or otherwise 2 lead a reasonable individual to believe that the commodity is halal; or 3 g. Sells, offers for sale, prepares, or serves in or from the same 4 place of business both unpackaged non-halal food and unpackaged 5 food he represents to be halal unless he posts a window sign at the 6 entrance of his establishment which states in block letters at least four 7 inches in height: "Halal and Non-Halal Foods Sold Here," or "Halal 8 and Non-Halal Foods Served Here," or a statement of similar import. 9 h. (1) Sells or has in his possession for the purpose of resale as 10 halal any food commodity not having affixed thereto the original 11 slaughterhouse mark, stamp, tag, brand, label or other means of 12 identification employed to indicate that the food commodity is halal; 13 or 14 (2) Displays for sale in the same show window or other location on 15 or in his place of business, both unpackaged food represented to be 16 halal and unpackaged non-halal food unless he: 17 (a) displays over the halal and non-halal food signs that read, in 18 clearly visible block letters, "halal food" and "non-halal food," 19 respectively, or, as to the display of meat alone, "halal meat" and 20 "non-halal meat," respectively; 21 (b) separates the halal food products from the non-halal food 22 products by keeping the products in separate display cabinets, or by 23 segregating halal items from non-halal items by use of clearly visible 24 dividers; and 25 (c) slices or otherwise prepares the halal food products for sale 26 with utensils used solely for halal food items. 27 (cf: P.L.1988, c.154, s.3) 28 29 11. This act shall take effect on the 180th day following enactment. 30 31 32 STATEMENT 33 34 This bill requires any dealer who prepares, distributes, sells or 35 exposes for sale any food represented to be halal, to disclose the basis 36 upon which that representation is made. As defined in the bill, "halal" 37 means food prepared under and maintained in strict compliance with 38 the laws and customs of the Islamic religion. This disclosure is to be 39 accomplished by the dealer through the posting of information as 40 required by the Director of the Division of Consumer Affairs on a sign 41 of a type and size specified by the director in a conspicuous place upon 42 the premises at which the food is sold or exposed for sale as required 43 by the director. The bill makes it an unlawful practice under the 44 consumer fraud act to violate these disclosure requirements. 45 As defined in the bill, "dealer" means any establishment that 46 advertises, represents or holds itself out as selling, preparing or S460 GIRGENTI 8 1 maintaining food as halal. It includes, but is not limited to, 2 manufacturers, slaughterhouses, wholesalers, stores, restaurants, 3 hotels, catering facilities, butcher shops, summer camps, bakeries, 4 delicatessens, supermarkets, grocery stores, nursing homes, freezer 5 dealers and food plan companies. Such establishments may also sell, 6 prepare or maintain food not represented as halal. 7 The bill provides that any person subject to its disclosure provisions 8 shall not be deemed to have committed an unlawful practice if it can 9 be shown by a preponderance of the evidence that the person relied in 10 good faith upon the representations of a slaughterhouse, manufacturer, 11 processor, packer or distributor of any food represented to be halal. 12 It also provides that possession by a dealer of any food not in 13 conformance with its disclosure is presumptive evidence that the 14 person is in possession of that food with the intent to sell. 15 In addition, the bill stipulates that any dealer who prepares, 16 distributes, sells or exposes for sale any food represented to be halal 17 shall comply with all requirements of the director, including, but not 18 limited to, recordkeeping, labeling and filing, pursuant to regulations 19 adopted in accordance with the authority provided in section 4 of 20 P.L.1960, c.39 (C.56:8-4). 21 Furthermore, the bill amends the New Jersey Criminal Code 22 provisions regarding kosher food sales to define and delineate the 23 responsibilities of those who sell, prepare or package food represented 24 to be halal. Persons violating these provisions would be subject to the 25 penalties assessed for a disorderly persons offense. SENATE LAW AND PUBLIC SAFETY COMMITTEE STATEMENT TO SENATE, No. 460 STATE OF NEW JERSEY DATED: FEBRUARY 10, 2000 The Senate Law and Public Safety Committee reports favorably Senate Bill No. 460. This bill requires any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal, to disclose the basis upon which that representation is made. As defined in the bill, "halal" means food prepared under and maintained in strict compliance with the laws and customs of the Islamic religion. This disclosure is to be accomplished by the dealer through the posting of information as required by the Director of the Division of Consumer Affairs on a sign of a type and size specified by the director in a conspicuous place upon the premises at which the food is sold or exposed for sale as required by the director. The bill makes it an unlawful practice under the consumer fraud act to violate these disclosure requirements. As defined in the bill, "dealer" means any establishment that advertises, represents or holds itself out as selling, preparing or maintaining food as halal. It includes, but is not limited to, manufacturers, slaughterhouses, wholesalers, stores, restaurants, hotels, catering facilities, butcher shops, summer camps, bakeries, delicatessens, supermarkets, grocery stores, nursing homes, freezer dealers and food plan companies. These establishments may also sell, prepare or maintain food not represented as halal. The bill provides that any person subject to its disclosure provisions shall not be deemed to have committed an unlawful practice if it can be shown by a preponderance of the evidence that the person relied in good faith upon the representations of a slaughterhouse, manufacturer, processor, packer or distributor of any food represented to be halal. It also provides that possession by a dealer of any food not in conformance with its disclosure is presumptive evidence that the person is in possession of that food with the intent to sell. In addition, the bill stipulates that any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal must comply with all requirements of the director, including, but not limited to, recordkeeping, labeling and filing, pursuant to regulations adopted in accordance with the authority provided in section 4 of P.L.1960, c.39 (C.56:8-4). Finally, the bill amends the New Jersey Criminal Code provisions 2 regarding kosher food sales to define and delineate the responsibilities of those who sell, prepare or package food represented to be halal. A person who violates these provisions is a disorderly person. ASSEMBLY CONSUMER AFFAIRS AND REGULATED PROFESSIONS COMMITTEE STATEMENT TO SENATE, No. 460 with committee amendments STATE OF NEW JERSEY DATED: MAY 22, 2000 The Assembly Consumer Affairs and Regulated Professions Committee reports favorably and with committee amendments Senate Bill No. 460. As amended by the committee, this bill requires any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal, to disclose the basis upon which that representation is made. This disclosure is to be accomplished by the dealer through the posting of information as required by the Director of the Division of Consumer Affairs on a sign of a type and size specified by the director in a conspicuous place upon the premises at which the food is sold or exposed for sale as required by the director. The bill makes it an unlawful practice under the consumer fraud act to violate these disclosure requirements. As defined in the bill, "dealer" means any establishment that advertises, represents or holds itself out as selling, preparing or maintaining food as halal. It includes, but is not limited to, manufacturers, slaughterhouses, wholesalers, stores, restaurants, hotels, catering facilities, butcher shops, summer camps, bakeries, delicatessens, supermarkets, grocery stores, nursing homes, freezer dealers and food plan companies. These establishments may also sell, prepare or maintain food not represented as halal. The bill provides that any person subject to its disclosure provisions shall not be deemed to have committed an unlawful practice if it can be shown by a preponderance of the evidence that the person relied in good faith upon the representations of a slaughterhouse, manufacturer, processor, packer or distributor of any food represented to be halal. It also provides that possession by a dealer of any food not in conformance with its disclosure is presumptive evidence that the person is in possession of that food with the intent to sell. In addition, the bill stipulates that any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal shall comply with all requirements of the director, including, but not 2 limited to, recordkeeping, labeling and filing, pursuant to regulations adopted in accordance with the authority provided in section 4 of P.L.1960, c.39 (C.56:8-4). The bill was amended by the committee to avoid constitutional problems associated with the kosher food provisions of Title 2C of the New Jersey Statutes. As amended, the bill mirrors the kosher food law as currently enforced, by providing the Division of Consumer Affairs with responsibility for oversight and enforcement of halal food requirements under the consumer fraud law. [First Reprint] SENATE, No. 460 STATE OF NEW JERSEY 209th LEGISLATURE PRE-FILED FOR INTRODUCTION IN THE 2000 SESSION Sponsored by: Senator JOHN A. GIRGENTI District 35 (Passaic) Co-Sponsored by: Assemblyman Steele SYNOPSIS Prevents consumer fraud in the preparation, distribution and sale of food represented as halal. CURRENT VERSION OF TEXT As reported by the Assembly Consumer Affairs and Regulated Professions Committee on May 22, 2000, with amendments. (Sponsorship Updated As Of: 6/6/2000) S460 [1R] GIRGENTI 2 1 AN ACT preventing consumer fraud in the preparation, distribution 2 and sale of food represented as halal 1[, amending the title and 3 body of P.L.1988, c.154,]1 and supplementing P.L.1960, c.39 4 (C.56:8-1 et seq.). 5 6 BE IT ENACTED by the Senate and General Assembly of the State 7 of New Jersey: 8 9 1. (New section) Sections 1 through 6 of this act shall be known 10 and may be cited as the "Halal Food Consumer Protection Act." 11 12 2. (New section) As used in this act: 13 "Dealer" means any establishment that advertises, represents or 14 holds itself out as selling, preparing or maintaining food as halal, 15 including, but not be limited to, manufacturers, slaughterhouses, 16 wholesalers, stores, restaurants, hotels, catering facilities, butcher 17 shops, summer camps, bakeries, delicatessens, supermarkets, grocery 18 stores, nursing homes, freezer dealers and food plan companies. These 19 establishments may also sell, prepare or maintain food not represented 20 as halal. 21 "Director" means the Director of the Division of Consumer Affairs 22 in the Department of Law and Public Safety or the director's designee. 23 "Food" means a food, food product, food ingredient, dietary 24 supplement or beverage. 25 26 3. (New section) a. Any dealer who prepares, distributes, sells or 27 exposes for sale any food represented to be halal, shall disclose the 28 basis upon which that representation is made by posting the 29 information required by the director, pursuant to regulations adopted 30 pursuant to the authority provided in section 4 of P.L.1960, c.39 31 (C.56:8-4), on a sign of a type and size specified by the director in a 32 conspicuous place upon the premises at which the food is sold or 33 exposed for sale as required by the director. 34 b. It shall be an unlawful practice for any person to violate the 35 requirements of subsection a. of this section. 36 37 4. (New section) Any person subject to the requirements of 38 section 3 of this act shall not have committed an unlawful practice if 39 it can be shown by a preponderance of the evidence that the person 40 relied in good faith upon the representations of a slaughterhouse, 41 manufacturer, processor, packer or distributor of any food represented EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. Matter enclosed in superscript numerals has been adopted as follows: 1 Assembly ACP committee amendments adopted May 22, 2000. S460 [1R] GIRGENTI 3 1 to be halal. 2 3 5. (New section) Possession by a dealer of any food not in 4 conformance with the disclosure required by section 3 of this act with 5 respect to that food is presumptive evidence that the person is in 6 possession of that food with the intent to sell. 7 8 6. (New section) Any dealer who prepares, distributes, sells or 9 exposes for sale any food represented to be halal shall comply with all 10 requirements of the director, including, but not limited to, 11 recordkeeping, labeling and filing, pursuant to regulations adopted 12 pursuant to the authority provided in section 4 of P.L.1960, c.39 13 (C.56:8-4). 14 15 1[7. The title of P.L.1988, c.154 is amended to read as follows: 16 AN ACT [to revise the kosher food law] concerning the preparation, 17 distribution and sale of various foods, supplementing chapter 21 of 18 Title 2C of the New Jersey Statutes and repealing section 23B of 19 P.L.1981, c.290. 20 (cf: P.L.1988, c.154, title)]1 21 22 1[8. Section 1 of P.L.1988, c.154 (C.2C:21-7.2) is amended to 23 read as follows: 24 1. As used in this act: 25 a. "Advertise" means engaging in promotional activities including, 26 but not limited to, newspaper, radio and television advertising; the 27 distribution of fliers and circulars; and the display of window and 28 interior signs. 29 b. "Food," "food product," or "food commodity" means any food, 30 food product or food preparation, whether raw or prepared for human 31 consumption, and whether in a solid or liquid state, including, but not 32 limited to, any meat, meat product or meat preparation; any milk, milk 33 product or milk preparation; and any alcoholic or non-alcoholic 34 beverage. 35 c. "Food commodity in package form" means a food commodity 36 put up or packaged in any manner in advance of sale in units suitable 37 for retail sale and which is not intended for consumption at the point 38 of manufacture. 39 d. "Kosher" means prepared under and maintained in strict 40 compliance with the laws and customs of the Orthodox Jewish religion 41 and includes foods prepared for the festival of Passover and 42 represented to be "kosher for Passover." 43 e. "Halal" means prepared under and maintained in strict 44 compliance with the laws and customs of the Islamic religion. 45 (cf: P.L.1988, c.154, s.1)]1 S460 [1R] GIRGENTI 4 1 1[9. Section 2 of P.L.1988, c.154 (C.2C:21-7.3) is amended to 2 read as follows: 3 2. a. A false representation prohibited by this act shall include any 4 oral or written statement that directly or indirectly tends to deceive or 5 otherwise lead a reasonable individual to believe that a non-kosher 6 food or food product is kosher. 7 b. The presence of any non-kosher food or food product in any 8 place of business that advertises or represents itself in any manner as 9 selling, offering for sale, preparing or serving kosher food or food 10 products only, is presumptive evidence that the person in possession 11 offers the same for sale in violation of this act. 12 c. It shall be a complete defense to a prosecution under this act 13 that the defendant relied in good faith upon the representations of a 14 slaughterhouse, manufacturer, processor, packer or distributor, or any 15 person or organization which certifies or represents any food or food 16 product at issue to be kosher, kosher for Passover, or as having been 17 prepared under or sanctioned by Orthodox Jewish religious 18 requirements. 19 d. A false representation prohibited by P.L.1988, c.154 (C.2C:21- 20 7.2 et seq.) shall include any oral or written statement that directly or 21 indirectly tends to deceive or otherwise lead a reasonable individual to 22 believe that a non-halal food or food product is halal. 23 e. The presence of any non-halal food or food product in any place 24 of business that advertises or represents itself in any manner as selling, 25 offering for sale, preparing or serving halal food or food products 26 only, is presumptive evidence that the person in possession offers the 27 same for sale in violation of P.L.1988, c.154 (C.2C:21-7.2 et seq.). 28 f. It shall be a complete defense to a prosecution under P.L.1988, 29 c.154 (C.2C:21-7.2 et seq.) that the defendant relied in good faith 30 upon the representations of a slaughterhouse, manufacturer, processor, 31 packer or distributor, or any person or organization which certifies or 32 represents any food or food product at issue to be halal or as having 33 been prepared under or sanctioned by Islamic religious requirements. 34 (cf: P.L.1988, c.154, ]1 35 36 1[10. Section 3 of P.L.1988, c.154 (C.2C:21-7.4) is amended to 37 read as follows: 38 3. A person commits a disorderly persons offense if in the course 39 of business he: 40 a. (1) Falsely represents any food sold, prepared, served or offered 41 for sale to be kosher or kosher for Passover; 42 (2) Removes or destroys, or causes to be removed or destroyed, 43 the original means of identification affixed to food commodities to 44 indicate that same are kosher or kosher for Passover, except that this 45 paragraph shall not be construed to prevent the removal of the 46 identification if the commodity is offered for sale as non-kosher; or S460 [1R] GIRGENTI 5 1 (3) Sells, disposes of or has in his possession for the purpose of 2 resale as kosher any food commodity to which a slaughterhouse 3 plumba, mark, stamp, tag, brand, label or other means of identification 4 has been fraudulently attached. 5 b. (1) Labels or identifies a food commodity in package form to 6 be kosher or kosher for Passover or possesses such labels or means of 7 identification, unless he is the manufacturer or packer of the food 8 commodity in package form; 9 (2) Labels or identifies an article of food not in package form to be 10 kosher or kosher for Passover or possesses such labels or other means 11 of identification, unless he is the manufacturer of the article of food; 12 (3) Falsely labels any food commodity in package form as kosher 13 or kosher for Passover by having or permitting to be inscribed on it, 14 in any language, the words "kosher" or "kosher for Passover," "parve," 15 "glatt," or any other words or symbols which would tend to deceive or 16 otherwise lead a reasonable individual to believe that the commodity 17 is kosher or kosher for Passover; or 18 (4) Labels any food commodity in package form by having or 19 permitting to be inscribed on it the words "kosher-style," 20 "kosher-type," "Jewish," or "Jewish-style," unless the product label 21 also displays the word "non-kosher" in letters at least as large and in 22 close proximity. 23 c. (1) Sells, offers for sale, prepares, or serves in or from the same 24 place of business both unpackaged non-kosher food and unpackaged 25 food he represents to be kosher unless he posts a window sign at the 26 entrance of his establishment which states in block letters at least four 27 inches in height: "Kosher and Non-Kosher Foods Sold Here," or 28 "Kosher and Non-Kosher Foods Served Here," or a statement of 29 similar import; or 30 (2) Employs any Hebrew word or symbol in any advertising of any 31 food offered for sale or place of business in which food is prepared, 32 whether for on-premises or off-premises consumption, unless the 33 advertisement also sets forth in conjunction therewith and in English, 34 the words "We Sell Kosher Food Only," "We Sell Both Kosher and 35 Non-Kosher Foods," or words of similar import, in letters of at least 36 the same size as the characters used in Hebrew. For the purpose of 37 this paragraph, "Hebrew symbol" means any Hebrew word, or letter, 38 or any symbol, emblem, sign, insignia, or other mark that simulates a 39 Hebrew word or letter. 40 d. (1) Displays for sale in the same show window or other location 41 on or in his place of business, both unpackaged food represented to be 42 kosher and unpackaged non-kosher food, unless he: 43 (a) displays over the kosher and non-kosher food signs that read, 44 in clearly visible block letters, "kosher food" and "non-kosher food," 45 respectively, or, as to the display of meat alone, "kosher meat" and 46 "non-kosher meat," respectively; S460 [1R] GIRGENTI 6 1 (b) separates the kosher food products from the non-kosher food 2 products by keeping the products in separate display cabinets, or by 3 segregating kosher items from non-kosher items by use of clearly 4 visible dividers; and 5 (c) slices or otherwise prepares the kosher food products for sale 6 with utensils used solely for kosher food items; 7 (2) Prepares or serves any food as kosher whether for consumption 8 in his place of business or elsewhere if in the same place of business he 9 also prepares or serves non-kosher food, unless he: 10 (a) uses and maintains separate and distinctly labeled or marked 11 dishes and utensils for each type of food; and 12 (b) includes in clearly visible block letters the statement "Kosher 13 and Non-Kosher Foods Prepared and Sold Here" in each menu or sign 14 used or posted on the premises or distributed or advertised off the 15 premises; 16 (3) Sells or has in his possession for the purpose of resale as 17 kosher any food commodity not having affixed thereto the original 18 slaughterhouse plumba, mark, stamp, tag, brand, label or other means 19 of identification employed to indicate that the food commodity is 20 kosher or kosher for Passover; or 21 (4) Sells or offers for sale, as kosher, any fresh meat or poultry that 22 is identified as "soaked and salted," unless (a) the product has in fact 23 been soaked and salted in a manner which makes it kosher; and (b) the 24 product is marked "soaked and salted" on the package label or, if the 25 product is not packaged, on a sign prominently displayed in 26 conjunction with the product. For the purpose of this paragraph, "fresh 27 meat or poultry" shall mean meat and poultry that has not been 28 processed except for salting and soaking. 29 e. (1) Falsely represents any food sold, prepared, served or offered 30 for sale to be halal; 31 (2) Removes or destroys, or causes to be removed or destroyed, 32 the original means of identification affixed to food commodities to 33 indicate that same are halal, except that this paragraph shall not be 34 construed to prevent the removal of the identification if the commodity 35 is offered for sale as non-halal; or 36 (3) Sells, disposes of or has in his possession for the purpose of 37 resale as halal any food commodity to which a slaughterhouse mark, 38 stamp, tag, brand, label or other means of identification has been 39 fraudulently attached. 40 f. (1) Labels or identifies a food commodity in package form to be 41 halal or possesses such labels or means of identification, unless he is 42 the manufacturer or packer of the food commodity in package form; 43 (2) Labels or identifies an article of food not in package form to be 44 halal or possesses such labels or other means of identification, unless 45 he is the manufacturer of the article of food; 46 (3) Falsely labels any food commodity in package form as halal by S460 [1R] GIRGENTI 7 1 having or permitting to be inscribed on it, in any language, the words 2 "halal" or "helal," or any other words or symbols, not limited to 3 characters in Arabic writing, which would tend to deceive or otherwise 4 lead a reasonable individual to believe that the commodity is halal; or 5 g. Sells, offers for sale, prepares, or serves in or from the same 6 place of business both unpackaged non-halal food and unpackaged 7 food he represents to be halal unless he posts a window sign at the 8 entrance of his establishment which states in block letters at least four 9 inches in height: "Halal and Non-Halal Foods Sold Here," or "Halal 10 and Non-Halal Foods Served Here," or a statement of similar import. 11 h. (1) Sells or has in his possession for the purpose of resale as 12 halal any food commodity not having affixed thereto the original 13 slaughterhouse mark, stamp, tag, brand, label or other means of 14 identification employed to indicate that the food commodity is halal; 15 or 16 (2) Displays for sale in the same show window or other location on 17 or in his place of business, both unpackaged food represented to be 18 halal and unpackaged non-halal food unless he: 19 (a) displays over the halal and non-halal food signs that read, in 20 clearly visible block letters, "halal food" and "non-halal food," 21 respectively, or, as to the display of meat alone, "halal meat" and 22 "non-halal meat," respectively; 23 (b) separates the halal food products from the non-halal food 24 products by keeping the products in separate display cabinets, or by 25 segregating halal items from non-halal items by use of clearly visible 26 dividers; and 27 (c) slices or otherwise prepares the halal food products for sale 28 with utensils used solely for halal food items. 29 (cf: P.L.1988, c.154, s.3)]1 30 31 1[11.] 7.1 This act shall take effect on the 180th day following 32 enactment. §§1-6 - C.56:8-98 to 56:8-103 §7 - Note to §§1-6 P.L. 2000, CHAPTER 60, approved July 12, 2000 Senate, No. 460 (First Reprint) 1 AN ACT preventing consumer fraud in the preparation, distribution 2 and sale of food represented as halal 1[, amending the title and 3 body of P.L.1988, c.154,]1 and supplementing P.L.1960, c.39 4 (C.56:8-1 et seq.). 5 6 BE IT ENACTED by the Senate and General Assembly of the State 7 of New Jersey: 8 9 1. (New section) Sections 1 through 6 of this act shall be known 10 and may be cited as the "Halal Food Consumer Protection Act." 11 12 2. (New section) As used in this act: 13 "Dealer" means any establishment that advertises, represents or 14 holds itself out as selling, preparing or maintaining food as halal, 15 including, but not be limited to, manufacturers, slaughterhouses, 16 wholesalers, stores, restaurants, hotels, catering facilities, butcher 17 shops, summer camps, bakeries, delicatessens, supermarkets, grocery 18 stores, nursing homes, freezer dealers and food plan companies. These 19 establishments may also sell, prepare or maintain food not represented 20 as halal. 21 "Director" means the Director of the Division of Consumer Affairs 22 in the Department of Law and Public Safety or the director's designee. 23 "Food" means a food, food product, food ingredient, dietary 24 supplement or beverage. 25 26 3. (New section) a. Any dealer who prepares, distributes, sells or 27 exposes for sale any food represented to be halal, shall disclose the 28 basis upon which that representation is made by posting the 29 information required by the director, pursuant to regulations adopted 30 pursuant to the authority provided in section 4 of P.L.1960, c.39 31 (C.56:8-4), on a sign of a type and size specified by the director in a 32 conspicuous place upon the premises at which the food is sold or 33 exposed for sale as required by the director. 34 b. It shall be an unlawful practice for any person to violate the 35 requirements of subsection a. of this section. 36 37 4. (New section) Any person subject to the requirements of EXPLANATION - Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted in the law. Matter underlined thus is new matter. Matter enclosed in superscript numerals has been adopted as follows: 1 Assembly ACP committee amendments adopted May 22, 2000. S460 [1R] 2 1 section 3 of this act shall not have committed an unlawful practice if 2 it can be shown by a preponderance of the evidence that the person 3 relied in good faith upon the representations of a slaughterhouse, 4 manufacturer, processor, packer or distributor of any food represented 5 to be halal. 6 7 5. (New section) Possession by a dealer of any food not in 8 conformance with the disclosure required by section 3 of this act with 9 respect to that food is presumptive evidence that the person is in 10 possession of that food with the intent to sell. 11 12 6. (New section) Any dealer who prepares, distributes, sells or 13 exposes for sale any food represented to be halal shall comply with all 14 requirements of the director, including, but not limited to, 15 recordkeeping, labeling and filing, pursuant to regulations adopted 16 pursuant to the authority provided in section 4 of P.L.1960, c.39 17 (C.56:8-4). 18 19 1[7. The title of P.L.1988, c.154 is amended to read as follows: 20 AN ACT [to revise the kosher food law] concerning the preparation, 21 distribution and sale of various foods, supplementing chapter 21 of 22 Title 2C of the New Jersey Statutes and repealing section 23B of 23 P.L.1981, c.290. 24 (cf: P.L.1988, c.154, title)]1 25 26 1[8. Section 1 of P.L.1988, c.154 (C.2C:21-7.2) is amended to 27 read as follows: 28 1. As used in this act: 29 a. "Advertise" means engaging in promotional activities including, 30 but not limited to, newspaper, radio and television advertising; the 31 distribution of fliers and circulars; and the display of window and 32 interior signs. 33 b. "Food," "food product," or "food commodity" means any food, 34 food product or food preparation, whether raw or prepared for human 35 consumption, and whether in a solid or liquid state, including, but not 36 limited to, any meat, meat product or meat preparation; any milk, milk 37 product or milk preparation; and any alcoholic or non-alcoholic 38 beverage. 39 c. "Food commodity in package form" means a food commodity 40 put up or packaged in any manner in advance of sale in units suitable 41 for retail sale and which is not intended for consumption at the point 42 of manufacture. 43 d. "Kosher" means prepared under and maintained in strict 44 compliance with the laws and customs of the Orthodox Jewish religion 45 and includes foods prepared for the festival of Passover and 46 represented to be "kosher for Passover." S460 [1R] 3 1 e. "Halal" means prepared under and maintained in strict 2 compliance with the laws and customs of the Islamic religion. 3 (cf: P.L.1988, c.154, s.1)]1 4 5 1[9. Section 2 of P.L.1988, c.154 (C.2C:21-7.3) is amended to 6 read as follows: 7 2. a. A false representation prohibited by this act shall include any 8 oral or written statement that directly or indirectly tends to deceive or 9 otherwise lead a reasonable individual to believe that a non-kosher 10 food or food product is kosher. 11 b. The presence of any non-kosher food or food product in any 12 place of business that advertises or represents itself in any manner as 13 selling, offering for sale, preparing or serving kosher food or food 14 products only, is presumptive evidence that the person in possession 15 offers the same for sale in violation of this act. 16 c. It shall be a complete defense to a prosecution under this act 17 that the defendant relied in good faith upon the representations of a 18 slaughterhouse, manufacturer, processor, packer or distributor, or any 19 person or organization which certifies or represents any food or food 20 product at issue to be kosher, kosher for Passover, or as having been 21 prepared under or sanctioned by Orthodox Jewish religious 22 requirements. 23 d. A false representation prohibited by P.L.1988, c.154 (C.2C:21- 24 7.2 et seq.) shall include any oral or written statement that directly or 25 indirectly tends to deceive or otherwise lead a reasonable individual to 26 believe that a non-halal food or food product is halal. 27 e. The presence of any non-halal food or food product in any place 28 of business that advertises or represents itself in any manner as selling, 29 offering for sale, preparing or serving halal food or food products 30 only, is presumptive evidence that the person in possession offers the 31 same for sale in violation of P.L.1988, c.154 (C.2C:21-7.2 et seq.). 32 f. It shall be a complete defense to a prosecution under P.L.1988, 33 c.154 (C.2C:21-7.2 et seq.) that the defendant relied in good faith 34 upon the representations of a slaughterhouse, manufacturer, processor, 35 packer or distributor, or any person or organization which certifies or 36 represents any food or food product at issue to be halal or as having 37 been prepared under or sanctioned by Islamic religious requirements. 38 (cf: P.L.1988, c.154, ]1 39 40 1[10. Section 3 of P.L.1988, c.154 (C.2C:21-7.4) is amended to 41 read as follows: 42 3. A person commits a disorderly persons offense if in the course 43 of business he: 44 a. (1) Falsely represents any food sold, prepared, served or offered 45 for sale to be kosher or kosher for Passover; 46 (2) Removes or destroys, or causes to be removed or destroyed, S460 [1R] 4 1 the original means of identification affixed to food commodities to 2 indicate that same are kosher or kosher for Passover, except that this 3 paragraph shall not be construed to prevent the removal of the 4 identification if the commodity is offered for sale as non-kosher; or 5 (3) Sells, disposes of or has in his possession for the purpose of 6 resale as kosher any food commodity to which a slaughterhouse 7 plumba, mark, stamp, tag, brand, label or other means of identification 8 has been fraudulently attached. 9 b. (1) Labels or identifies a food commodity in package form to 10 be kosher or kosher for Passover or possesses such labels or means of 11 identification, unless he is the manufacturer or packer of the food 12 commodity in package form; 13 (2) Labels or identifies an article of food not in package form to be 14 kosher or kosher for Passover or possesses such labels or other means 15 of identification, unless he is the manufacturer of the article of food; 16 (3) Falsely labels any food commodity in package form as kosher 17 or kosher for Passover by having or permitting to be inscribed on it, 18 in any language, the words "kosher" or "kosher for Passover," "parve," 19 "glatt," or any other words or symbols which would tend to deceive or 20 otherwise lead a reasonable individual to believe that the commodity 21 is kosher or kosher for Passover; or 22 (4) Labels any food commodity in package form by having or 23 permitting to be inscribed on it the words "kosher-style," 24 "kosher-type," "Jewish," or "Jewish-style," unless the product label 25 also displays the word "non-kosher" in letters at least as large and in 26 close proximity. 27 c. (1) Sells, offers for sale, prepares, or serves in or from the same 28 place of business both unpackaged non-kosher food and unpackaged 29 food he represents to be kosher unless he posts a window sign at the 30 entrance of his establishment which states in block letters at least four 31 inches in height: "Kosher and Non-Kosher Foods Sold Here," or 32 "Kosher and Non-Kosher Foods Served Here," or a statement of 33 similar import; or 34 (2) Employs any Hebrew word or symbol in any advertising of any 35 food offered for sale or place of business in which food is prepared, 36 whether for on-premises or off-premises consumption, unless the 37 advertisement also sets forth in conjunction therewith and in English, 38 the words "We Sell Kosher Food Only," "We Sell Both Kosher and 39 Non-Kosher Foods," or words of similar import, in letters of at least 40 the same size as the characters used in Hebrew. For the purpose of 41 this paragraph, "Hebrew symbol" means any Hebrew word, or letter, 42 or any symbol, emblem, sign, insignia, or other mark that simulates a 43 Hebrew word or letter. 44 d. (1) Displays for sale in the same show window or other location 45 on or in his place of business, both unpackaged food represented to be 46 kosher and unpackaged non-kosher food, unless he: S460 [1R] 5 1 (a) displays over the kosher and non-kosher food signs that read, 2 in clearly visible block letters, "kosher food" and "non-kosher food," 3 respectively, or, as to the display of meat alone, "kosher meat" and 4 "non-kosher meat," respectively; 5 (b) separates the kosher food products from the non-kosher food 6 products by keeping the products in separate display cabinets, or by 7 segregating kosher items from non-kosher items by use of clearly 8 visible dividers; and 9 (c) slices or otherwise prepares the kosher food products for sale 10 with utensils used solely for kosher food items; 11 (2) Prepares or serves any food as kosher whether for consumption 12 in his place of business or elsewhere if in the same place of business he 13 also prepares or serves non-kosher food, unless he: 14 (a) uses and maintains separate and distinctly labeled or marked 15 dishes and utensils for each type of food; and 16 (b) includes in clearly visible block letters the statement "Kosher 17 and Non-Kosher Foods Prepared and Sold Here" in each menu or sign 18 used or posted on the premises or distributed or advertised off the 19 premises; 20 (3) Sells or has in his possession for the purpose of resale as 21 kosher any food commodity not having affixed thereto the original 22 slaughterhouse plumba, mark, stamp, tag, brand, label or other means 23 of identification employed to indicate that the food commodity is 24 kosher or kosher for Passover; or 25 (4) Sells or offers for sale, as kosher, any fresh meat or poultry that 26 is identified as "soaked and salted," unless (a) the product has in fact 27 been soaked and salted in a manner which makes it kosher; and (b) the 28 product is marked "soaked and salted" on the package label or, if the 29 product is not packaged, on a sign prominently displayed in 30 conjunction with the product. For the purpose of this paragraph, "fresh 31 meat or poultry" shall mean meat and poultry that has not been 32 processed except for salting and soaking. 33 e. (1) Falsely represents any food sold, prepared, served or offered 34 for sale to be halal; 35 (2) Removes or destroys, or causes to be removed or destroyed, 36 the original means of identification affixed to food commodities to 37 indicate that same are halal, except that this paragraph shall not be 38 construed to prevent the removal of the identification if the commodity 39 is offered for sale as non-halal; or 40 (3) Sells, disposes of or has in his possession for the purpose of 41 resale as halal any food commodity to which a slaughterhouse mark, 42 stamp, tag, brand, label or other means of identification has been 43 fraudulently attached. 44 f. (1) Labels or identifies a food commodity in package form to be 45 halal or possesses such labels or means of identification, unless he is 46 the manufacturer or packer of the food commodity in package form; S460 [1R] 6 1 (2) Labels or identifies an article of food not in package form to be 2 halal or possesses such labels or other means of identification, unless 3 he is the manufacturer of the article of food; 4 (3) Falsely labels any food commodity in package form as halal by 5 having or permitting to be inscribed on it, in any language, the words 6 "halal" or "helal," or any other words or symbols, not limited to 7 characters in Arabic writing, which would tend to deceive or otherwise 8 lead a reasonable individual to believe that the commodity is halal; or 9 g. Sells, offers for sale, prepares, or serves in or from the same 10 place of business both unpackaged non-halal food and unpackaged 11 food he represents to be halal unless he posts a window sign at the 12 entrance of his establishment which states in block letters at least four 13 inches in height: "Halal and Non-Halal Foods Sold Here," or "Halal 14 and Non-Halal Foods Served Here," or a statement of similar import. 15 h. (1) Sells or has in his possession for the purpose of resale as 16 halal any food commodity not having affixed thereto the original 17 slaughterhouse mark, stamp, tag, brand, label or other means of 18 identification employed to indicate that the food commodity is halal; 19 or 20 (2) Displays for sale in the same show window or other location on 21 or in his place of business, both unpackaged food represented to be 22 halal and unpackaged non-halal food unless he: 23 (a) displays over the halal and non-halal food signs that read, in 24 clearly visible block letters, "halal food" and "non-halal food," 25 respectively, or, as to the display of meat alone, "halal meat" and 26 "non-halal meat," respectively; 27 (b) separates the halal food products from the non-halal food 28 products by keeping the products in separate display cabinets, or by 29 segregating halal items from non-halal items by use of clearly visible 30 dividers; and 31 (c) slices or otherwise prepares the halal food products for sale 32 with utensils used solely for halal food items. 33 (cf: P.L.1988, c.154, s.3)]1 34 35 1[11.] 7.1 This act shall take effect on the 180th day following 36 enactment. 37 38 39 40 41 Prevents consumer fraud in the preparation, distribution and sale of 42 food represented as halal. CHAPTER 60 AN ACT preventing consumer fraud in the preparation, distribution and sale of food represented as halal and supplementing P.L.1960, c.39 (C.56:8-1 et seq.). BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.56:8-98 Short title. 1. Sections 1 through 6 of this act shall be known and may be cited as the "Halal Food Consumer Protection Act." C.56:8-99 Definitions relative to food represented as halal. 2. As used in this act: "Dealer" means any establishment that advertises, represents or holds itself out as selling, preparing or maintaining food as halal, including, but not limited to, manufacturers, slaughterhouses, wholesalers, stores, restaurants, hotels, catering facilities, butcher shops, summer camps, bakeries, delicatessens, supermarkets, grocery stores, nursing homes, freezer dealers and food plan companies. These establishments may also sell, prepare or maintain food not represented as halal. "Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety or the director's designee. "Food" means a food, food product, food ingredient, dietary supplement or beverage. C.56:8-100 Posting of information by dealer representing food to be halal. 3. a. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal, shall disclose the basis upon which that representation is made by posting the information required by the director, pursuant to regulations adopted pursuant to the authority provided in section 4 of P.L.1960, c.39 (C.56:8-4), on a sign of a type and size specified by the director in a conspicuous place upon the premises at which the food is sold or exposed for sale as required by the director. b. It shall be an unlawful practice for any person to violate the requirements of subsection a. of this section. C.56:8-101 Reliance on representation, good faith, defense. 4. Any person subject to the requirements of section 3 of this act shall not have committed an unlawful practice if it can be shown by a preponderance of the evidence that the person relied in good faith upon the representations of a slaughterhouse, manufacturer, processor, packer or distributor of any food represented to be halal. C.56:8-102 Possession of food implies intent to sell. 5. Possession by a dealer of any food not in conformance with the disclosure required by section 3 of this act with respect to that food is presumptive evidence that the person is in possession of that food with the intent to sell. C.56:8-103 Compliance required by dealer in regard to food represented as halal. 6. Any dealer who prepares, distributes, sells or exposes for sale any food represented to be halal shall comply with all requirements of the director, including, but not limited to, recordkeeping, labeling and filing, pursuant to regulations adopted pursuant to the authority provided in section 4 of P.L.1960, c.39 (C.56:8-4). 7. This act shall take effect on the 180th day following enactment. Approved July 12, 2000. PO BOX 004 TRENTON, NJ 08625 Office of the Governor CONTACT: Jayne O’Connor NEWS RELEASE Laura Otterbourg 609-777-2600 RELEASE: July 12, 2000 Governor Signs Important Legislation for New Jersey’s Muslim Community Governor Christie Whitman today signed legislation at the United Islamic Center in Paterson to prevent consumer fraud in the preparation, distribution and sale of food represented as halal. “We are concerned with the food we eat,” said Gov. Whitman. “We want that food to meet high standards for purity and freshness. We also rely on government to ensure that those who prepare our food meet those standards. Of course, there are even higher standards to meet. Those are the laws that we follow as part of pour religious faith.” The Al Quran instructs Muslims to eat ‘that which Allah hath bestowed…as food lawful and good,’” continued the Governor. “Today, we are taking a big step in ensuring that all food represented to be halal meet the standard of ‘lawful and good’”. The bill, S-460, which was sponsored by Senator John A. Girgenti (D-Passaic) and Assemblyman Alfred E. Steele (D-Passaic) requires any dealer who prepares, distributes, or sells food designated halal, to post that fact conspicuously on the premises at which the food is sold. The Governor explained in her remarks that the halal posting will be required by the Director of the Division of Community Affairs, who will specify the type and size of the sign that a dealer must display for all to see. A “dealer” means any establishment that advertises or presents itself as selling, preparing, or maintaining food as halal. That includes every food establishment, from a restaurant, butcher shop, or supermarket to a manufacturer, slaughterhouse, or wholesaler. Also included are summer camps, nursing homes, caterers, bakeries, and delicatessens. The bill, which mirrors the Kosher Food Consumer Protection Act, gives the Division authority to enforce halal food requirements under the consumer fraud law. “I have said many times across this great state that we are truly many faces, but one family. We come from so many different backgrounds and cultures. We speak so many languages, carry on so many traditions, and celebrate so many faiths,” said Gov. Whitman. “Signing this legislation bolsters my belief that addressing the needs of one part of our family shows respect and strengthens us all. Every member and every community in our one family is important to making our New Jersey the best place in which to live, work, and raise a family,” added the Governor.