3. a. Any food service business that violates the provisions of section 2 of P.L.2025, c.298 (C.13:1E-99.134b) shall be subject to a warning for the first offense, a civil penalty of $100 for the second offense, and a civil penalty of $250 for the third and each subsequent offense. In the event a food service business is assessed a penalty for violating the provisions of section 2 of P.L.2025, c.298 (C.13:1E-99.134b), if that food service business does not commit a violation for a period of at least 12 months from the time the penalty was assessed, the subsequent penalty assessed for that food service business shall be considered a second offense. Each day on which a violation occurs shall constitute a separate and distinct offense.
b. A penalty imposed pursuant to this section shall be collected, by the commissioner, a municipality, or an entity certified pursuant to the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.), in a summary proceeding commenced, pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), before a court of competent jurisdiction. The Superior Court and municipal courts shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), for the purposes of this section. Entities certified pursuant to the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.) shall assume primary enforcement responsibility for violations of the provisions of section 2 of P.L.2025, c.298 (C.13:1E-99.134b).
c. Any moneys collected from penalties imposed pursuant to this section shall be deposited into the "Clean Communities Program Fund," established pursuant to section 5 of P.L.2002, c.128 (C.13:1E-217), except that a municipality or entity certified pursuant to the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-21 et seq.) may retain 30 percent of any penalty it collects pursuant to this section .
d. Notwithstanding any provision of P.L.2025, c.298 (C.13:1E-99.134a et al.) to the contrary, a food service business shall be authorized to acquire, and to maintain on its premises, an adequate supply of non-bundled single-use utensils or condiments for the purposes of providing such single-use utensils or condiments to customers, upon request, in accordance with the provisions of paragraphs (2) and (3) of subsection a. of section 2 of P.L.2025, c.298 (C.13:1E-99.134b), and no food service business shall be subject to a penalty, pursuant to subsection a. of this section, for acquiring, possessing, or maintaining a supply of single-use utensils or condiments for the limited purposes authorized by this subsection.