NJ Weights & Measures Violations Lawyers

NJ Weights & Measures Violations Lawyers

Running a business in New Jersey requires complying with many complex regulations. One area that frequently trips up entrepreneurs is weights and measures rules enforced by the state Office of Weights and Measures.

Seemingly minor violations of weights and measures laws can lead to citations, fines, license suspensions, and even criminal charges in some cases. The penalties add up quickly.

Some common issues that attract enforcement attention include incorrect pricing scans, inaccurate scales, short-weight packaged goods, and unregistered devices. But even minor paperwork errors can sometimes lead to violations.

If your New Jersey business is facing weights and measures allegations, it’s important to consult with an attorney experienced in this highly specialized niche. An aggressive lawyer can thoroughly analyze your case and build strategic defenses to avoid or minimize penalties.

What is the NJ Office of Weights and Measures?

The Office of Weights and Measures (OWM) is a division of New Jersey’s Department of Consumer Affairs. It enforces laws and regulations related to weighing and measuring devices used in commerce.

This includes oversight of scales, scanners, and other measurement tools used at grocery stores, retailers, gas stations, warehouses, factories, farms, and other businesses. OWM agents conduct regular inspections and stings to ensure compliance.

What Laws Do Weights & Measures Agents Enforce?

The OWM enforces numerous state statutes and regulations, including:

• NJ Weights and Measures Act – Requires accurate weights and measures devices.
• NJ Unit Pricing Regulation – Requires unit price displays on shelf tags.
• NJ Scanner Regulation – Requires scanners to match posted and advertised prices.

In addition, for specific industries like gas stations and grocery stores, there are additional rules about calibration of pumps, inspection of pre-packaged goods, and other requirements.

What Are Common Weights & Measures Violations?

Some frequent issues that can lead to citations and penalties include:

• Inaccurate scales or gas pumps
• Errors in packaged goods (incorrect weight/volume)
• Pricing discrepancies between shelf tags, ads, and register scans
• Using unregistered weighing or measuring devices
• Improper device calibrations and documentation
• Short-weighting customers on deli and meat purchases

Even minor paperwork violations like missing device inspection logs can sometimes lead to enforcement action.

What Are the Consequences of Weights & Measures Violations?

Depending on the specific allegations, companies and individuals accused of weights and measures violations may face:

• Fines of $50 to $1000+ per violation
• License suspension or revocation
• Product seizures or embargo
• Cease and desist orders
• Criminal prosecution for intentional violations

Multiple violations quickly add up to major fines and seriously jeopardize your business license. These are not minor infractions.

Should I Hire a Lawyer to Fight Weights & Measures Violations?

Absolutely. With so much at stake, it’s critical to have experienced legal counsel fighting on your behalf. An attorney who specializes in weights and measures cases can be an invaluable ally.

They will thoroughly analyze the details of your case, identify any procedural errors or technicalities, negotiate aggressively with regulators, and defend your interests at appeal hearings. Don’t go it alone.

What Defenses Can a Lawyer Use to Fight Violations?

A knowledgeable weights and measures attorney can raise defenses such as:

• You followed all requirements but inspector made incorrect findings.
• There were mitigating circumstances for any regulatory discrepancies.
• Devices were calibrated and inspected properly per regulations.
• You qualify for an exemption to certain rules.
• Inspector failed to follow proper testing or reporting procedures.

There are always two sides to every case. An experienced lawyer knows how to craft the most persuasive arguments to refute allegations of violations whenever possible.

I Can’t Afford Fines – What Are My Options?

If you have genuine financial hardship that makes weights and measures fines unaffordable, be sure to inform your attorney right away. There may be options such as:

• Negotiating reduced fines or flexible payment plans
• Filing appeals based on inability to pay
• Applying for small business advocacy programs
• Petitioning for license reinstatement after suspension

Documenting real economic constraints can help gain sympathy from regulators. Experienced counsel knows how to present this evidence effectively on your behalf.

Should I Just Pay the Fines and Move On?

Never accept fines without exploring your options first. What may seem like minor infractions can quickly spiral into major penalties that jeopardize your business.

Consult with a regulatory attorney to understand all your defenses and rights. In many cases, violations can be defeated or reduced. Don’t assume paying fines is your only choice.

How Can a Lawyer Help After a Violation Occurs?

If your business is cited for weights and measures violations, key ways a knowledgeable attorney can help include:

• Reviewing the allegations and identifying possible technical errors
• Obtaining documentation and equipment records to refute charges
• Drafting persuasive appeals and hearing statements
• Negotiating reduced penalties or flexible payment terms
• Navigating reinstatement protocols after suspensions

An attorney acts as your advocate to put the best foot forward in overturning or mitigating allegations. Don’t go it alone.

How Can a Lawyer Help Avoid Future Violations?

In addition to fighting current allegations, an experienced regulatory attorney can advise your business on staying in compliance going forward through:

• Reviewing equipment and procedures to ensure conformity to all requirements
• Drafting compliant policies, manuals and documentation
• Conducting employee training on weights and measures protocols
• Designing systems for maintaining inspection reports and calibration logs
• Recommending changes to bring facilities up to current code

Proactive compliance helps avoid issues down the road. Knowledgeable counsel provides invaluable guidance.

Conclusion

Weights and measures violations frequently bring heavy fines and jeopardize licenses for New Jersey businesses. But experienced legal counsel can be invaluable in overturning or mitigating allegations.

Don’t assume you have no recourse if your business is cited. Consult with an attorney knowledgeable in this niche area. There may be more options than you realize. Protect your livelihood.

References

[1] NJ Weights and Measures Regulations

[2] NJ Office of Weights and Measures

[3] NJ Attorney Ethics and Discipline