CHAPTER 337

An Act concerning frozen desserts licenses and amending P.L.1964, c.120.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1.    Section 5 of P.L.1964, c.120 (C.24:10-73.5) is amended to read as follows:

C.24:10-73.5 Definitions.

    5. (a) "Frozen desserts plant" is hereby defined as any place, premises or establishment or any part thereof where frozen desserts are assembled, manufactured, processed, frozen or converted in form, for wholesale distribution or sale, and shall include rooms or premises wherein utensils are washed, sanitized or kept.

    (b)  (Deleted by amendment, P.L.1997, c.337).

    (c)  "Mobile unit" is hereby defined as any vehicle on which frozen desserts are manufactured, prepared, processed or converted in form and which is used in selling and dispensing such products to the consuming public.

    (d)  "Depot" is hereby defined as a building from which mobile units operate and where they are sanitized.

    (e)  (Deleted by amendment, P.L.1997, c.337).

    (f)   "Wholesale" means any place engaged in the production, preparation, processing, manufacture, packing, storage or handling of food for sale or distribution to a person other than the ultimate consumer. 

    2.    Section 10 of P.L.1964, c.120 (C.24:10-73.10) is amended to read as follows:

C.24:10-73.10 License to sell, distribute frozen desserts.

    10.  Every person owning or operating a frozen dessert plant for the assembly, manufacturing, processing, freezing or converting in form of frozen desserts for wholesale sale or distribution or a mobile unit within this State shall, before July 1 in each year, apply to the department for a license to sell or distribute such products within this State and register with the department such information as may be required by the department to enable it to carry out its responsibilities under this act.

    At the same time application for a license and registration is filed the applicant shall pay to the department an annual license fee. The fee schedule shall be adopted by regulation pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and shall be reasonable for services performed in the licensing and inspection of a frozen dessert plant or mobile unit, except that the license fee shall not exceed $500.

    3.    This act shall take effect immediately.

    Approved January 12, 1998.