reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3A2-28 - Promulgation of environmental health performance standards and standards of administrative procedure; delegation of powers; comprehensive model ordinances

26:3A2-28. Promulgation of environmental health performance standards and standards of administrative procedure; delegation of powers; comprehensive model ordinances
10. a. The commissioner shall promulgate, after consultation with the Commissioner of Health, environmental health performance standards and standards of administrative procedure for certified local health agencies pursuant to the "Administrative Procedure Act" (P.L.1968, c.410; C.52:14B-1 et seq.). The standards shall include provisions for the delivery to the department of periodic reports on the results of the monitoring and enforcement activities of the certified local health agencies.
b. The commissioner may, in the same manner, delegate the administration of one or more aspects of the environmental health laws of this State or of the rules and regulations adopted thereto, which are administered by the department, to a, certified local health agency, after he has adopted specific standards and guidelines for the administration of such programs by certified local health agencies, for so long as he determines that a certified local health agency, has the capability and determination to adhere to those specific standards and guidelines. In determining whether to delegate authority to administer all or a portion of any program, or whether a certified local health agency has the capability or determination to assume or retain delegation of program administration, the commissioner shall consider:
(1) The consistency of the delegation with applicable federal or State law;
(2) The probable effects of the delegation on the effectiveness and efficiency of program administration, and the need for uniform program administration;
(3) The availability of technical expertise, adequate staff levels and other resources needed to adequately perform program administration.
Under a delegation of program administration for the "Toxic Catastrophe Prevention Act," P.L.1985, c.403 (C.13:1K-19 et seq.) and the "Worker and Community Right to Know Act," P.L.1983, c.315 (C.34:5A-1 et seq.), delegation may not include authority to require documentation that is in addition to that required to be retained by an employer under those laws.
c. The commissioner shall develop one or more comprehensive model ordinances dealing with the control of air pollution, solid waste, hazardous waste, noise, pesticides, radiation, and water pollution, the protection of workers and the public from hazardous substances and toxic catastrophes, or other threats to environmental health for which authority has been delegated, for use by the appropriate local governmental entity, and to provide technical assistance to the certified local health agencies.
L.1977,c.443,s.10; amended 1991,c.99,s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3A2-29 - Authorization to make grants to county departments; State's contribution amount

26:3A2-29. Authorization to make grants to county departments; State's contribution amount
11. a. The commissioner is authorized to make grants to certified local health agencies for the provision of environmental health services. The commissioner shall prescribe procedures for applying for the grant, and terms and conditions for receiving the grant. The State's contribution shall not exceed 50% of the cost of any undertaking for which a grant is made.
b. There is established in the department a non-lapsing environmental health fund that shall consist of all revenues appropriated or otherwise made available for the purpose of making grants on a non-matching basis to certified local health agencies, including such monies from fees, fines and penalties collected by the department in implementing environmental health laws as the department may deposit in the fund. Non-matching grants shall be used by certified local health agencies in the administration or implementation of environmental health laws, or rules or regulations adopted pursuant thereto, for which delegation of program administration has been received, or for implementation of local ordinances adopted in accordance therewith. Non-matching grant monies may be used only for new or for expanding programs, or for development of technical and administrative procedures and protocols, training and personnel development, special projects and equipment, or other similar purposes approved by the commissioner. Non-matching grants made pursuant to this subsection shall be in addition to grants made pursuant to subsection a. of this section.
c. Monies in the fund may be used by the commissioner to provide training, equipment or other services to certified local health agencies for the purpose of assisting them in carrying out their responsibilities under P.L.1977, c.443 (C.26:3A2-21 et seq.).
L.1977,c.443,s.11; amended 1991,c.99,s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3A2-30 - Employees of local health agency; transfer to county department

26:3A2-30. Employees of local health agency; transfer to county department
Each person, who shall have been employed by a local health agency, including a regional health commission formed for the provisions of air pollution services, and whose employment by such agency shall have been terminated by reason of the assumption of its activities and responsibilities by a county department pursuant to this act, shall be transferred to such county department pursuant to the conditions contained in sections 16, 17 and 18 of P.L.1975, c. 329 (C. 26:3A2-16 to 26:3A2-18).
L.1977, c. 443, s. 12, eff. March 2, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3A2-31 - Annual budget; submission by county health officer; tax levy; determination by board of chosen freeholders

26:3A2-31. Annual budget; submission by county health officer; tax levy; determination by board of chosen freeholders
The county health officer shall prepare and submit annually to the board of chosen freeholders, subject to the advice of the county board, in each year, a budget setting forth in detail the amounts of money necessary for the operation of the county department of health for environmental health purposes, during the ensuing year. The board of chosen freeholders shall include annually in the tax levy the amount of money which it believes will best meet the environmental health needs of the county.
L.1977, c. 443, s. 13, eff. March 2, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3A2-32 - Severability

26:3A2-32. Severability
If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
L.1977, c. 443, s. 14, eff. March 2, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3A2-33 - Work program to meet standards; certification of municipal or regional health agency as authorized local government for performance of environmental health services within its jurisdiction

26:3A2-33. Work program to meet standards; certification of municipal or regional health agency as authorized local government for performance of environmental health services within its jurisdiction
A county department shall, within 15 months of the promulgation of environmental health performance standards and standards of administrative procedure for county departments of health by the Commissioner of Environmental Protection, prepare a work program for meeting the standards throughout the county and shall submit it to the Commissioner of Environmental Protection and to each municipality located therein for review. The work program shall provide a detailed description of program objectives, shall delineate responsibilities for its implementation within the county, shall identify the personnel and resources required to meet the program objectives and shall provide a time schedule for achieving full program implementation.
Any municipal or regional health agency authorized by P.L.1975, c. 329 (C. 26:3A2-1 et seq.), which is presently providing environmental health services which meet the standards of performance and of procedure and which is willing to coordinate its environmental health programs with those of its neighbors by implementing the work program of the county department, may petition the Commissioner of Environmental Protection for certification and upon certification become the authorized local government for the performance of environmental health services within its jurisdiction.
The Commissioner of Environmental Protection shall certify any municipal or regional health agency as the authorized local government for the performance of environmental health services within its jurisdiction, when he finds that the petitioning health agency provides and will continue to provide a complete program of environmental health services which meet the standards of performance and of procedure as indicated in the work program of the county department. The Commissioner of Environmental Protection shall periodically review the certification of each such health agency to determine whether or not it should be continued.
L.1977, c. 443, s. 15, eff. March 2, 1978.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3A2-34 - Certified local health agency may charge fee

26:3A2-34. Certified local health agency may charge fee
7. Notwithstanding any law to the contrary, a certified local health agency, if authorized by ordinance, may charge a reasonable fee for any service provided in connection with an environmental health ordinance, but such fee shall not exceed the estimated cost of providing that service. All fees collected pursuant to this section shall be deposited in the "Environmental Quality and Enforcement Fund," created pursuant to section 8 of P.L.1991, c.99 (C.26:3A2-35). Authorization to charge service fees shall be provided, as appropriate, by ordinance of any county or municipal board of health, or regional health commission, with a county department or that is a certified local health agency, or, in the case of any such county or municipality without a board of health or that is not a member of a regional health commission, of the governing body of that county or municipality.
L.1991,c.99,s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3A2-35 - County, municipality to establish Environmental Quality and Enforcement Fund

26:3A2-35. County, municipality to establish Environmental Quality and Enforcement Fund
8. Each county and municipality with a certified local health agency, shall establish an "Environmental Quality and Enforcement Fund." Any fees, fines or penalties collected pursuant to P.L.1977, c.443 (C.26:3A2-21 et seq.) shall be deposited into the respective county or municipal fund, and shall be dedicated to the use of the county department or certified local health agency in carrying out its responsibilities under that act.
L.1991,c.99,s.8.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3A2-36 - Plan for standardization, coordination of hazardous materials emergency response programs.

26:3A2-36 Plan for standardization, coordination of hazardous materials emergency response programs.
2. a. The Department of Environmental Protection, with the concurrence of the Department of Health and the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety, shall develop a comprehensive plan for the standardization and coordination of county hazardous material response programs to effectively address all incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents.
The plan shall include procedures for State, county, and local response to incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents, and planning, training, exercising, and equipment requirements designed to assure that local responders have the capacity, competency and capability to protect the public from exposure to those materials, and shall include the adoption of environmental health performance standards and standards of administrative procedures for county hazardous materials response.
b. The certified local health agency in each county shall develop, in consultation with their county office of emergency management, a comprehensive, coordinated county-wide emergency response program for incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents for the county that is consistent with the plan developed by the department pursuant to subsection a. of this section.
c. In any county in which there is no certified local health agency, the board of chosen freeholders shall designate a local health agency from the county to develop, in consultation with the county office of emergency management and the Department of Health, a comprehensive, coordinated county-wide emergency response program for incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents for the county that is consistent with the plan developed by the department pursuant to subsection a. of this section.
L.2005, c.3, s.2; amended 2012, c.17, s.329.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3A2-37 - Grants to local health agencies for hazardous materials emergency response programs.

26:3A2-37 Grants to local health agencies for hazardous materials emergency response programs.
3. The Commissioner of Environmental Protection, in accordance with the rules and regulations adopted pursuant to section 4 of P.L.2005, c.3 (C.26:3A2-38), to the extent that State or federal funding is available for the purpose, shall make grants available to certified local health agencies, or local health agencies designated by the board of chosen freeholders, as appropriate, for the costs, including the costs of training, equipment and personnel, associated with developing and maintaining an emergency response program for incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents, that is consistent with the plan developed by the department pursuant to subsection a. of section 2 of P.L.2005, c.3 (C.26:3A2-36).
L.2005,c.3,s.3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3A2-38 - Rules, regulations relative to grant awards, performance standards, interlocal agreements.

26:3A2-38 Rules, regulations relative to grant awards, performance standards, interlocal agreements.
4. a. The Department of Environmental Protection, with the concurrence of the Department of Health and the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety, and in consultation with representatives of certified local health agencies, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that:
(1) establish criteria and procedures for the award of grants to certified local health agencies, or local health agencies, as appropriate, pursuant to section 3 of P.L.2005, c.3 (C.26:3A2-37);
(2) establish environmental health performance standards and standards of administrative procedures for county hazardous materials response for incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents; and
(3) establish criteria and procedures for the development of inter-local agreements to facilitate the creation of a Statewide mutual aid network for responding to incidents involving hazardous materials, including, but not limited to, chemical, biological, radiological, nuclear, or explosive incidents.
b. Prior to the adoption of rules and regulations pursuant to subsection a. of this section, and notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Environmental Protection may, immediately upon filing the proper notice with the Office of Administrative Law, adopt such temporary rules and regulations as the commissioner determines are necessary to implement the provisions of P.L.2005, c.3 (C.26:3A2-36 et al.). The temporary rules and regulations shall be in effect for a period not to exceed 270 days after the date of the filing, except that in no case shall the temporary rules and regulations be in effect one year after the effective date of P.L.2005, c.3 (C.26:3A2-36 et al.). The temporary rules and regulations shall thereafter be amended, adopted or readopted by the commissioner as the commissioner determines is necessary in accordance with the requirements of the "Administrative Procedure Act."
L.2005, c.3, s.4; amended 2012, c.17, s.330.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-2 - Disposal of human excrement

26:3B-2. Disposal of human excrement
No person, corporation or municipality shall maintain, use or permit to be used any privy, privy vault, cesspool, septic tank, title disposal field or other means of disposal of human excrement which allows flies to gain access to the excremental matter contained therein, or from which excremental matter or liquid containing excremental matter flows over or upon the surface of the ground or gains access to the source of any public water supply or to any well or spring, used as a private potable water supply.
L.1945, c. 192, p. 653, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-3 - Deposit of human excrement causing pollution of water supply forbidden

26:3B-3. Deposit of human excrement causing pollution of water supply forbidden
No person, corporation or municipality shall deposit or permit to be deposited or to remain on the surface of the ground any human excrement or material containing human excrement or dispose of or place any such material where it can gain access to the source of any public water supply or to any well or spring, used as a private potable water supply.
L.1945, c. 192, p. 653, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-5 - Accumulation of materials in which fly larvae exist

26:3B-5. Accumulation of materials in which fly larvae exist
No person, corporation or municipality knowingly shall maintain or permit to be maintained any accumulation of animal or vegetable matter in which fly larvae exist.
L.1945, c. 192, p. 654, s. 5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-6 - Maintaining pools, cisterns, ditches, etc. in which mosquitoes breed

26:3B-6. Maintaining pools, cisterns, ditches, etc. in which mosquitoes breed
No person, corporation or municipality knowingly shall maintain or permit to be maintained any pool, ditch, stream, or other body of water, or any cistern, privy vault, cesspool or other receptacle, containing liquid in which mosquitoes are breeding.
L.1945, c. 192, p. 654, s. 6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-7 - Accumulation of filth or source of foulness hazardous to health

26:3B-7. Accumulation of filth or source of foulness hazardous to health
No person, corporation or municipality knowingly shall maintain or permit to be maintained any accumulation of filth or source of foulness which is hazardous to the health or comfort of any of the inhabitants of this State.
L.1945, c. 192, p. 654, s. 7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-8 - Effluents from sewage treatment plants or industrial waste treatment plants

26:3B-8. Effluents from sewage treatment plants or industrial waste treatment plants
The provisions of sections two, three and four of this act shall not apply to the effluents from sewage treatment plants, or industrial waste treatment plants heretofore or hereafter installed in accordance with the requirements of the law and operated in accordance with the rules and regulations of the State Department of Health or the Passaic Valley Sewerage Commission.
L.1945, c. 192, p. 654, s. 8.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-9 - Authority of local boards of health or other bodies not limited hereby; interstate carriers

26:3B-9. Authority of local boards of health or other bodies not limited hereby; interstate carriers
Nothing in this act shall be construed to prohibit or limit the authority otherwise granted by statute to any local board of health or other body to regulate or control objects or conditions described or referred to in this act, nor shall the provisions of this act apply to vehicles operated by interstate carriers.
L.1945, c. 192, p. 654, s. 9.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-10 - Violations

26:3B-10. Violations
Any person or private or municipal corporation or their agents violating any of the provisions of this act shall be liable to a penalty for each first offense of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), and for each second and every subsequent offense to a penalty of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) to be recovered by and in the name of the Department of Health of the State of New Jersey or by or in the name of the director of health of the State of New Jersey, or by and in the name of the local board of health, or such board, body or officers exercising the functions of a local board of health according to law.
Each day that a violation of the provisions of this act exists shall be deemed to be a separate violation for which a penalty may be recovered.
L.1945, c. 192, p. 654, s. 10.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-11 - Enforcement of penalties; jurisdiction; process

26:3B-11. Enforcement of penalties; jurisdiction; process
Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this act, if the violation has occurred within the territorial jurisdiction of the court. The proceedings shall be summary and in accordance with the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.). Process shall be in the nature of a summons or warrant and shall issue only at the suit of the Department of Health of the State of New Jersey or of the State Commissioner of Health, or of the local board of health, or of such board, body or officers exercising the functions of a local board of health according to law, as the case may be, as plaintiff.
L.1945, c. 192, p. 655, s. 11. Amended by L.1953, c. 26, p. 471, s. 30.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-12 - Commitment for failure to pay judgment

26:3B-12. Commitment for failure to pay judgment
The court shall cause a defendant, other than a body corporate, who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto, to be committed to the county jail for a period not exceeding ten days in the case of a first conviction, and in the case of a conviction for a second or subsequent violations for a period of not less than ten days nor more than thirty days.
L.1945, c. 192, p. 656, s. 12. Amended by L.1953, c. 26, p. 471, s. 31.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-16 - Payment of penalty deemed equivalent to conviction

26:3B-16. Payment of penalty deemed equivalent to conviction
Payment of a penalty for any alleged violation of this act, either before or after the institution of proceedings for the collection thereof, shall be deemed equivalent to a conviction of the violation for which such penalty was claimed.
L.1945, c. 192, p. 658, s. 16.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3B-17 - To whom penalty shall be paid

26:3B-17. To whom penalty shall be paid
Any penalty recovered in an action brought under the provisions of this act shall be paid to the plaintiff therein. When the plaintiff is the Department of Health of the State of New Jersey or the director of health of the State of New Jersey, the penalty shall be paid by said department or director into the treasury of the State. When the plaintiff is a local board of health or board, body or officers exercising the functions of a local board of health, the penalty shall be paid by such plaintiff into the treasury of the municipality within which the plaintiff has jurisdiction.
L.1945, c. 192, p. 658, s. 17.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3D-56 - Findings, declarations relative to smoking, use of electronic smoking devices in certain public places, workplaces.

26:3D-56 Findings, declarations relative to smoking, use of electronic smoking devices in certain public places, workplaces.
2. The Legislature finds and declares that:
a. Tobacco is the leading cause of preventable disease and death in the State and the nation;
b. Tobacco smoke constitutes a substantial health hazard to the nonsmoking majority of the public;
c. Electronic smoking devices have not been approved as to safety and efficacy by the federal Food and Drug Administration, and their use may pose a health risk to persons exposed to their smoke or vapor because of a known irritant contained therein and other substances that may, upon evaluation by that agency, be identified as potentially toxic to those inhaling the smoke or vapor;
d. The separation of smoking and nonsmoking areas in indoor public places and workplaces does not eliminate the hazard to nonsmokers if these areas share a common ventilation system;
e. The prohibition of smoking at public parks and beaches would better preserve and maintain the natural assets of this State by reducing litter and increasing fire safety in those areas, while lessening exposure to secondhand tobacco smoke and providing for a more pleasant park or beach experience for the public; and
f. Therefore, subject to certain specified exceptions, it is clearly in the public interest to prohibit the smoking of tobacco products and the use of electronic smoking devices in all enclosed indoor places of public access and workplaces and at all public parks and beaches.
L.2005, c.383, s.2; amended 2009, c.182, s.1; 2018, c.64, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3D-58 - Smoking prohibited in certain public places, workplaces.

26:3D-58 Smoking prohibited in certain public places, workplaces.
4. a. Smoking is prohibited at the following locations: an indoor public place, a workplace, a public park or beach, and the outdoor passenger pick-up and drop-off area of an airport that is not owned or operated by a federal or military authority, except as otherwise provided in this act.
b. Smoking is prohibited in any area of any building of, or on the grounds of, any public or nonpublic elementary or secondary school, regardless of whether the area is an indoor public place or is outdoors.
L.2005, c.383, s.4; amended 2018, c.64, s.3; 2019, c.496.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3D-58.1 - State psychiatric hospital, other facilities, prohibition of smoking, certain conditions.

26:3D-58.1 State psychiatric hospital, other facilities, prohibition of smoking, certain conditions.
1. a. A State psychiatric hospital may prohibit smoking on its grounds, if it offers a smoking cessation program for both employees, and residents and patients, as applicable.
b. The smoking cessation program shall be developed in consultation with the Commissioners of Health and Senior Services and Personnel, and shall be initiated one year prior to prohibiting smoking on its grounds and continue to be offered as long as smoking is prohibited. If a smoking cessation program required pursuant to this section was initiated prior to, and is in effect on, the effective date of this act, smoking may be prohibited one year from the date of initiation of the program.
c. The Commissioner of Human Services may, by regulation, prohibit smoking on the grounds of other Human Services facilities, subject to the requirements of subsection b. of this section.
L.2008, c.7, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3D-58.2 - Rules, regulations.

26:3D-58.2 Rules, regulations.
2. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations to effectuate the purposes of this act.
L.2008, c.7, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3D-60 - Hotel, motel, lodging establishment, smoking permitted, certain areas.

26:3D-60 Hotel, motel, lodging establishment, smoking permitted, certain areas.
6. a. The person having control of a hotel, motel or other lodging establishment may permit smoking in up to 20% of its guest rooms.
b. Nothing in this section shall be construed to require a hotel, motel or other lodging establishment to provide a nonsmoking room to a guest if all the designated nonsmoking rooms are occupied.
L.2005,c.383,s.6.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3D-61 - Signage, requirements.

26:3D-61 Signage, requirements.
7. a. The person having control of an indoor public place or workplace shall place in every public entrance to the indoor public place or workplace a sign, which shall be located so as to be clearly visible to the public and shall contain letters or a symbol which contrast in color with the sign, indicating that smoking is prohibited therein, except in such designated areas as provided pursuant to this act. The sign shall also indicate that violators are subject to a fine. The person having control of the indoor public place or workplace shall post a sign stating "Smoking Permitted" in letters at least one inch in height or marked by the international symbol for "Smoking Permitted" in those areas where smoking is permitted.
b. The provisions of this section shall not be construed to prevent a lessee of the workplace, or space within the building or indoor public place, from enforcing the smoking restrictions imposed by the owner or operator of a commercial or other office building or other indoor public place.
L.2005,c.383,s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3D-61.1 - Prohibitions, penalties for smoking in certain outdoor public places.

26:3D-61.1 Prohibitions, penalties for smoking in certain outdoor public places.
5. The Department of Environmental Protection, a municipality, or a county in this State having jurisdiction over a public park or beach on which smoking is prohibited pursuant to this act, P.L.2018, c.64 (C.26:3D-61.1 et al.), may take measures to educate the public about the prohibitions and penalties herein established, to support smoke-free parks and beaches. The Department of Environmental Protection is directed to provide information and assistance to counties and municipalities, as determined appropriate by the Commissioner of Environmental Protection and within the limits of resources available to the department for this purpose, to support smoke-free public parks and beaches.
L.2018, c.64, s.5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3D-63 - Supersedure of other laws, etc.

26:3D-63 Supersedure of other laws, etc.
9. The provisions of this act shall supersede any other statute, municipal ordinance and rule or regulation adopted pursuant to law concerning smoking in an indoor public place or workplace or at a public park or beach, except where smoking is prohibited by municipal ordinance under authority of R.S.40:48-1 or 40:48-2, or by any other statute or regulation adopted pursuant to law for purposes of protecting life and property from fire or protecting public health, and except for those provisions of a municipal ordinance which provide restrictions on or prohibitions against smoking equivalent to, or greater than, those provided under this act.
L.2005, c.383, s.9; amended 2018, c.64, s.7.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3D-64 - Rules, regulations.

26:3D-64 Rules, regulations.
10. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.
L.2005, c.383, s.10; amended 2012, c.17, s.332.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3D-65 - Civil penalty for smoking in unauthorized public place.

26:3D-65 Civil penalty for smoking in unauthorized public place.
1. a. A person who smokes or carries lighted tobacco in any public place, including, but not limited to, places of public accommodation, where that activity is prohibited by municipal ordinance under authority of R.S.40:48-1 and 40:48-2 or by the owner or person responsible for the operation of the public place, and when adequate notice of the prohibition on smoking or carrying lighted tobacco has been conspicuously posted, may be subject to a civil penalty of up to $200, which shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The municipal court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this subsection.
b. The governing body of a municipality may adopt a municipal ordinance to impose a civil penalty, as provided for under subsection a. of this section, as an alternative to the liability for the offense provided for under N.J.S.2C:33-13.
L.2017, c.191, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3E-1 - "Restaurant" defined

26:3E-1. "Restaurant" defined
As used in this act "restaurant" means any facility or part thereof in which food is prepared and provided or served for consumption on the premises but shall not include mobile food establishments or any temporary food establishment which operates at a fixed location for a limited period of time in connection with a fair, carnival, public exhibition or similar transitory gathering or charitable fund raising event.
L.1983, c. 488, s. 1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3E-2 - Choke prevention techniques; display of posters; pamphlets

26:3E-2. Choke prevention techniques; display of posters; pamphlets
The proprietor, or in the case of a public or nonprofit restaurant, the manager or administrator of a restaurant shall:
a. Ensure that posters prepared by the State Department of Health which illustrate choke prevention techniques are prominently displayed in food preparation and service areas of the restaurant; and
b. Have pamphlets illustrating choke prevention techniques available for free distribution to customers or patrons of the restaurant.
L.1983, c. 488, s. 2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3E-3 - Instructional posters; preparation and distribution

26:3E-3. Instructional posters; preparation and distribution
The Department of Health shall prepare instructional posters and pamphlets which illustrate choke prevention techniques such as the "Heimlich Maneuver" and distribute the posters and pamphlets to local boards of health for distribution to restaurants.
L.1983, c. 488, s. 3.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3E-3.1 - Posters provided by Department of Health

26:3E-3.1. Posters provided by Department of Health
The Department of Health, through local boards of health, shall make available to school districts, instructional posters and pamphlets prepared pursuant to P.L.1983, c.488 (C.26:3E-1 et seq.).
L.1989, c.302, s.2.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3E-4 - Obligation to remove food lodged in another persons throat

26:3E-4. Obligation to remove food lodged in another persons throat
Except as otherwise provided by law, no person shall be obligated to remove or assist in removing or attempting to remove food which may become lodged in a person's throat.
L.1983, c. 488, s. 4.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3E-5 - Violations; penalty; action for recovery

26:3E-5. Violations; penalty; action for recovery
Any restaurant proprietor, or in the case of a public or nonprofit restaurant, manager or administrator who violates the provisions of this act shall be subject to a penalty of not less than $50.00 or more than $100.00 to be sued for and recovered in a civil action commenced by the State in a summary proceeding in the Superior Court pursuant to "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.).
L.1983, c. 488, s. 5.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3E-15 - "Ask Before You Eat" public information campaign.

26:3E-15 "Ask Before You Eat" public information campaign.
2. The Commissioner of Health shall conduct, within the limits of monies appropriated pursuant to this act, a public information campaign regarding food allergies, to be known as "Ask Before You Eat." The public information campaign shall be designed to inform the public about food allergies and the health-related consequences, including anaphylaxis, to persons with such allergies who are exposed to food items that contain or are prepared with ingredients that trigger severe allergic reactions, such as peanuts, tree nuts, and seafood.
L.2005, c.26, s.2; amended 2012, c.17, s.334.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3E-16 - Findings, declarations relative to provision of calorie information by certain chain restaurants.

26:3E-16 Findings, declarations relative to provision of calorie information by certain chain restaurants.
1. The Legislature finds and declares that:
a. Research continues to demonstrate that there is a strong link between diet and health; in 2004, an estimated 65% of adults in the United States were overweight or obese and 18% of children and adolescents were overweight; today there are nearly twice as many overweight children and almost three times as many overweight adolescents as there were in 1980; while the rates of overweight and obesity are rising, Americans are increasingly eating meals away from home, and the food industry spends millions of dollars every year encouraging families to eat in restaurants and other food establishments; in 1970, Americans spent just 26% of their food budget eating away from home, but currently, Americans spend almost half of their food dollars dining out; furthermore, portion sizes in restaurants have been increasing and it is not uncommon for a restaurant entree to provide half of an individual's total recommended daily allowance of calories, fat and sodium;
b. Surveys conducted by academicians from the University of Arkansas and Villanova University, and reported in the American Journal of Public Health article entitled "Attacking the Obesity Epidemic: The Potential Health Benefits of Providing Nutrition Information in Restaurants," showed that levels of calories and saturated fats in less-healthful restaurant items were significantly underestimated by consumers; actual fat and saturated fat levels were twice consumers' estimates and calories approached two times more than what consumers expected; based on these findings, the authors of the article conducted an experiment demonstrating that for food items for which levels of calories, fat and saturated fats substantially exceeded consumers' expectations, the provision of nutrition information had a significant influence on product attitude, purchase intention, and choice;
c. A recent report of the Surgeon General of the United States on overweight and obesity recommended that the food industry provide reasonable food and beverage portions and increase the availability of nutrition information on foods prepared and eaten away from home; and
d. Therefore, it is in the public's interest to enable families to make more informed choices about a significant part of their diets and help reduce the problem of overweight and obesity in the State.
L.2009, c.306, s.1.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:3E-18 - Rules, regulations.

26:3E-18 Rules, regulations.
3. The Commissioner of Health shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
L.2009, c.306, s.3; amended 2012, c.17, s.336.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4-1 - "Communicable disease" defined

26:4-1. "Communicable disease" defined
As used in this chapter, "communicable disease" means any infectious or contagious disease so declared or defined by law or which has been or may hereafter be declared a "communicable disease" by the state department of health.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4-2 - Powers of State department and local board.

26:4-2 Powers of State department and local board.
26:4-2. In order to prevent the spread of disease affecting humans, the Department of Health, and the local boards of health within their respective jurisdictions and subject to the State sanitary code, shall have power to:
a. Declare what diseases are communicable.
b. Declare when any communicable disease has become epidemic.
c. Require the reporting of communicable diseases.
d. Maintain and enforce proper and sufficient quarantine, wherever deemed necessary.
e. Remove any person infected with a communicable disease to a suitable place, if in its judgment removal is necessary and can be accomplished without any undue risk to the person infected.
f. Disinfect any premises when deemed necessary.
g. Remove to a proper place to be designated by it all articles within its jurisdiction, which, in its opinion, shall be infected with any matter likely to communicate disease and to destroy such articles, when in its opinion the safety of the public health requires it.
In the event the Governor declares a public health emergency, the department shall oversee the uniform exercise of these powers in the State and the local board of health shall be subject to the department's exercise of authority under this section.
amended 2005, c.222, s.31; 2012, c.17, s.337.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4-3 - Evaluation of destroyed goods; reimbursement of owner

26:4-3. Evaluation of destroyed goods; reimbursement of owner
Whenever the state department or a local board, in order to prevent the spread of communicable disease, destroys any goods, it shall make an inventory of the goods, and immediately certify the value of them. The certification shall be made to the state treasurer, in case the goods were destroyed by the state department, and to the treasurer of the proper municipality, in case of destruction by the local board.
The state treasurer or local treasurer, as the case may be, shall pay to the owner of the goods, or his legal representatives, the sum so certified.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4-4 - Notice to local board to control disease; proceeding to compel action

26:4-4. Notice to local board to control disease; proceeding to compel action
Whenever within the jurisdiction of a local board there is a person infected with any communicable disease, the State department may cause a notice in writing, signed by the Commissioner of Health, to be sent to the local board requiring it to take action for the restriction of the spread of the communicable disease within the time specified in the notice.
If no action is taken by the local board within the time specified in the notice, the State department may bring a proceeding in lieu of prerogative writ to compel the local board to take the action ordered in the notice.
Amended by L.1953, c. 26, p. 472, s. 35.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4-5 - Closing public or private schools by reason of epidemic

26:4-5. Closing public or private schools by reason of epidemic
Each local board may declare any epidemic or cause of ill health to be so injurious or hazardous as to make it necessary to close any or all of the public or private schools within the jurisdiction of the board.
No public school shall be closed except by the direction of the body having the control or direction of such school. Any such body may cause any school under its control to be closed, if, in its judgment, such closing is necessary because of the injurious or hazardous nature of an epidemic or cause of ill health.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4-6 - Prohibiting attendance of teachers or pupils

26:4-6. Prohibiting attendance of teachers or pupils
Any body having control of a school may, on account of the prevalence of any communicable disease, or to prevent the spread of communicable diseases, prohibit the attendance of any teacher or pupil of any school under their control and specify the time during which the teacher or scholar shall remain away from school.
a. (Deleted by amendment.)
b. (Deleted by amendment.)
c. (Deleted by amendment.)
Amended by L.1974, c. 150, s. 4, eff. Nov. 11, 1974.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4-8.1 - Immunization at public expense

26:4-8.1. Immunization at public expense
The State Department of Health and Local Boards of Health may provide at public expense, the necessary equipment, materials and services for immunizing people from the diseases which pupils are required to be immunized against by the State Sanitary Code or for diseases against which immunization may be recommended by the State Department of Health.
L.1974, c. 150, s. 5, eff. Nov. 11, 1974.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4-12 - Prohibiting sale of dairy product contaminated by communicable disease

26:4-12. Prohibiting sale of dairy product contaminated by communicable disease
When the state department shall have reason to believe that any milk, cream, skimmed milk, or other dairy product has been contaminated by the emanations, exhalations or discharges of any person affected with any communicable disease, or that any such dairy product has been or is produced, stored or kept on any premises upon which any source of a communicable disease exists, the department may issue an order in writing prohibiting the transportation or sale of such dairy product.
2023 New Jersey Revised Statutes › Title 26 - Health and Vital Statistics › Section 26:4-13 - Removal of order prohibiting sale

26:4-13. Removal of order prohibiting sale
Every person upon whom any such order may be served shall obey it. The prohibition shall continue until the state department shall have had an opportunity to examine the matter, and shall have removed the prohibition by the service of another order in writing signed by the proper representative of the department.