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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:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • 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

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