77 79 Lessing Road ZB 25 1 Planning Review Rev1 February 19 2025

14 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 health authority determines that the applicant or permit holder poses a threat to public health, safety, or welfare. 1. The Department shall provide the applicant or permit holder notice of the monetary penalty, suspension, revocation, or denial of issuance or renewal, of a permit, and the reason for the action taken. (c) The Department may issue a summary suspension of the permit of a cottage food operator if the permit holder's continued operation poses an immediate or serious threat to public health, safety, or welfare. 1. The Department shall provide the permit holder notice of a summary suspension and the reason for the action taken. 2. A summary suspension is effective as of the date of issuance. 3. A cottage food operator whose permit the Department summarily suspends shall have the right to apply for emergency relief, as provided at N.J.A.C. 8:24-11.8. (d) If a person, entity, or cottage food operator operates as a cottage food operator without a valid permit issued by the Department, fails or refuses to comply with an order of a health authority, poses a threat to public health, safety, and welfare, and/or engages in activity that is violative of applicable provisions of Titles 24 and 26 of the Revised Statutes of New Jersey and/or this chapter, the Department may: 1. Issue an order requiring the person, entity, or cottage food operator to cease and desist operations; 2. Take action in the New Jersey Superior Court against the person, entity, or cottage food operator to enjoin its operations; 3. Confiscate, condemn, seize, sell, destroy, detain, and/or embargo articles of food in accordance with N.J.S.A. 24:1-1 et seq., especially 24:4-1 et seq.; and/or 4. Impose monetary penalties pursuant to N.J.S.A. 24:17-1 et seq., and 26:1A-10. (e) A monetary penalty that the Department imposes pursuant to N.J.S.A. 24:17- 1.1 et seq., and/or 26:1A-10, shall become due 45 days after the deadline to file an appeal has ended. 1. If an applicant for a Cottage Food Operator Permit or a permit holder files an appeal with the Department, then the monetary penalty shall become due in accordance with N.J.A.C. 8:24-11.8(b).