A3129

An Act concerning restaurants 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:

1. This act shall be known and may be cited as the “Gluten-free Certification Program.”

2. a. The Division of Consumer Affairs, in consultation with the Commissioner of Health, shall establish a voluntary certification program for restaurants that are entirely gluten-free or those that offer gluten-free options and take necessary precautions to prevent cross-contamination, provided the restaurants meet the criteria for the gluten-free certification set forth in this act. To establish and implement the program, the division shall:

(1) establish a procedure for restaurants to apply for a gluten-free certification, including clear guidelines for eligibility and documentation required for certification;

(2) conduct an annual review of the list of certified restaurants pursuant to procedures established by the division for the purpose of determining whether a certified restaurant is eligible to maintain its certification;

(3) impose reasonable fees including, but not limited to, an annual re-certification fee to cover costs associated with the certification program; and

(4) publish and maintain a list of restaurants with a gluten-free certification and make the list available on its Internet website.

b. A restaurant shall not advertise or represent itself as possessing a gluten-free certification unless the restaurant has been certified by the division in accordance with the provisions of this act. A restaurant that violates these provisions shall receive a written warning from the Director of the Division of Consumer Affairs for a first offense. For a second or subsequent offense, the restaurant shall be subject to a civil penalty of $1,000, to be collected and enforced by the Director of the Division of Consumer Affairs in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction over proceedings for the enforcement of the penalty provided by this subsection.

A violation of this subsection shall not be considered an unlawful practice in violation of P.L.1960, c.39 (C.56:8-1 et seq.).

c. For purposes of this act, the term “restaurant” shall have the same meaning as provided in P.L.2023, c.146 (C.56:8-156.1).

3. In accordance with the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Consumer Affairs, in consultation with the Commissioner of Health, may promulgate rules and regulations to effectuate the provisions of this act.

4. This act shall take effect on the first day of the seventh month next following the date of enactment, except that the Director of the Division of Consumer Affairs may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill establishes a gluten-free certification program and requires the Division of Consumer Affairs to publish a list of certified restaurants on the division’s website.

This bill requires the Division of Consumer Affairs, in consultation with the Commissioner of Health, to establish a voluntary certification program for restaurants that are entirely gluten-free or which offer gluten-free options and take necessary precautions to prevent cross-contamination. To establish and implement the program, the division is required to: (1) establish a procedure for restaurants to apply for a gluten-free certification, including clear guidelines for eligibility and documentation required for certification; (2) conduct an annual review of the list of certified restaurants pursuant to procedures established by the division for the purpose of determining whether a certified restaurant is eligible to maintain its certification; (3) impose reasonable fees including an annual re-certification fee to cover costs associated with the certification program; and (4) publish and maintain a list of restaurants with a gluten-free certification and make the list available on its Internet website.

Under the bill, a restaurant is prohibited from advertising or represent itself as possessing a gluten-free certification unless it has been certified by the division in accordance with the provisions of this bill. A restaurant that violates these provisions will receive a written warning from the Director of the Division of Consumer Affairs for a first offense. For a second or subsequent offense, the restaurant is subject to a civil penalty of $1,000, to be collected and enforced by the director in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). A violation of the bill’s provision is not to be considered an unlawful practice in violation of the consumer fraud act.