reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:10-21 - Forfeiture of apparatus; procedure

23:10-21. Forfeiture of apparatus; procedure
23:10-21. A person found using a seine, gill, drift, anchor or sink net, fixed net, trap, pot, pound, set line, fyke, weir or other apparatus for the taking of fish in any waters of this State in violation of this Title, or any provision of any law supplementary thereto, or any provision of the State Fish and Game Code shall, in addition to the penalties prescribed, forfeit the same.
All constables, sheriffs, fish and game wardens and the fish and game protector shall, and any other person may, seize and secure the same, and shall immediately thereafter institute a proceeding for the confiscation thereof in the Superior Court or in the municipal court within the jurisdiction of which, the seizure is made. The court may proceed in a summary manner and may make direct confiscation and forfeiture of the same to the division's use, which division may dispose thereof at its discretion.
Amended 1948,c.200; 1948,c.448,s.89; 1953,c.23,s.17; 1991,c.91,s.283.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:10-21.1 - Illegal apparatus used for fishing; confiscation

23:10-21.1. Illegal apparatus used for fishing; confiscation
Any seine, gill, drift, anchor or sink net, fixed net, trap, pot, pound, set line, fyke, weir or other apparatus for the taking of fish found in use in any of the waters of this State, in which the use thereof is in violation of any law or any provision of the State Fish and Game Code, the ownership of which is not known, shall be forfeited and any fish and game warden may seize the same and if the same is claimed within thirty days, the warden shall proceed in relation thereto in the manner provided in section 23:10-21 of the Revised Statutes, and, if it is unclaimed within said time, he shall turn the same over to the Division of Fish and Game in the Department of Conservation and Economic Development, which division may dispose thereof at its discretion.
L.1952, c. 70, p. 396, s. 1, eff. April 23, 1952.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:12-1 - Assent of state to Federal act pertaining to wildlife restoration

23:12-1. Assent of state to Federal act pertaining to wildlife restoration
The State of New Jersey hereby assents to the provisions of the Act of Congress entitled "An act to provide that the United States shall aid the States in wildlife-restoration projects, and for other purposes," approved September second, one thousand nine hundred and thirty-seven (Public, No. 415, 75th Congress), and the Board of Fish and Game Commissioners is hereby authorized, empowered and directed to perform such acts as may be necessary to the conduct and establishment of co-operative wildlife-restoration projects, as defined in said Act of Congress, in compliance with said Act and with rules and regulations promulgated by the Secretary of Agriculture thereunder.
L.1938, c. 157, p. 323, s. 1.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:12-2 - Assent to Federal act providing for aid in fish restoration and management projects

23:12-2. Assent to Federal act providing for aid in fish restoration and management projects
The State of New Jersey hereby assents to the provisions of the Act of Congress entitled "An act to provide that the United States shall aid the States in fish restoration and management projects, and for other purposes," approved August ninth, one thousand nine hundred and fifty (Public Law 681, 81st Congress), and the Fish and Game Division of the Department of Conservation and Economic Development is hereby authorized, empowered, and directed to perform such acts as may be necessary to the conduct and establishment of co-operative fish restoration projects, as defined in said Act of Congress, in compliance with said act and rules and regulations promulgated by the Secretary of the Interior thereunder.
L.1951, c. 147, p. 612, s. 1, eff. June 1, 1951.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:13-2 - Compliance with compact; authority of division.

23:13-2 Compliance with compact; authority of division.
2. a. The Division of Fish and Wildlife shall comply with the Interstate Wildlife Violator Compact set forth in this act and shall effectuate the purpose and intent of the compact insofar as its ability within the jurisdiction outlined in Title 23, Title 50, and chapter 24 of Title 58 of the Revised Statutes, and any rules and regulations adopted pursuant thereto.
b The division is authorized, on behalf of the State, to:
(1) enter or withdraw from the Interstate Wildlife Violator Compact pursuant to the terms of article VIII of the compact pursuant to this act and subsection c. of this section; and
(2) adopt amendments to the compact pursuant to the terms of article IX of the compact pursuant to this act.
c. At least 45 business days prior to withdrawing from the Interstate Wildlife Violator Compact, the division shall send written notice of the decision to withdraw from the compact and an explanation of the reasoning therefor to the Governor, the President of the Senate, the Speaker of the General Assembly, and the respective chairpersons of the Senate Environment and Energy Committee and the Assembly Agriculture and Natural Resources Committee, or their designated successors.
L.2016, c.101, s.2.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:13-4 - Failure of resident to comply; violations, penalties.

23:13-4 Failure of resident to comply; violations, penalties.
4. a. When the Division of Fish and Wildlife receives notice that a resident of the State has failed to comply with the terms of a citation issued for a wildlife violation in a participating state, the division shall send written notice to that person of their non-compliance. The written notification from the division shall provide a 30-day period to allow the person to comply with the issuing state's order to comply. If a resident's citation from the participating state remains outstanding or out of compliance 30 calendar days after the date of the division's notification, the person shall be in violation of the compact and subject to a penalty of $50, and an additional $10 for each month thereafter that the citation remains outstanding or out of compliance. In addition to the penalties prescribed, all licenses and privileges to take or possess wildlife shall be suspended until such time that the division receives notice from the issuing state that the citation has been satisfied and a disposition for the matter has been recorded.
b. In addition to the suspension provision set forth in subsection a. of this section, a violation of the compact as described in that subsection shall be considered in evaluating suspensions for accumulation of violations in R.S.23:3-22.
L.2016, c.101, s.4.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:13-5 - Contents of suspension notification letter.

23:13-5 Contents of suspension notification letter.
5. a. A written suspension notification letter issued by the Division of Fish and Wildlife pursuant to section 3 or 4 of this act shall include, but need not be limited to, the following information: the period of suspension; the reason for suspension; identification of the violations leading to the suspension; and the procedure by which the person may appeal their suspension.
b. Upon receipt of a written request by a person suspended pursuant to the provisions of this act, a review of the suspension shall be conducted and a determination made concerning whether the suspension is eligible for early restoration pursuant to section 2 of P.L.1955, c.96 (C.23:3-22.1). If, following review, the person is aggrieved by disposition of the request, the person may, by written request to the division, within 20 days after notification of the completion of the initial review, request a hearing. Upon receipt of notification within the 20-day period, the division shall request a hearing be conducted in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and the rules and regulations adopted pursuant thereto. All appeal considerations shall also conform to section 2 of P.L.1955, c.96 (C.23:3-22.1).
L.2016, c.101, s.5.
2023 New Jersey Revised Statutes › Title 23 - Fish and Game, Wild Birds and Animals › Section 23:13-6 - Grounds for suspension of enforcement.

23:13-6 Grounds for suspension of enforcement.
6. If it is determined by the Bureau of Law Enforcement of the Division of Fish and Wildlife that the provisions of this compact, in full or in part, are not being implemented with respect to violations and suspensions reported from the State of New Jersey by any other participating state, the Director of the Division of Fish and Wildlife, with the approval of the Commissioner of Environmental Protection, may suspend enforcement of the provisions of this compact as against such participating state until such time as the Chief of the Bureau of Law Enforcement determines that the participating state is fully implementing the provisions of the compact.
L.2016, c.101, s.6.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:1-1.1 - Honey, raw, unprocessed.

24:1-1.1 Honey, raw, unprocessed.
1. For the purposes of N.J.A.C.8:24-1.5 et seq. or any other applicable rule or regulation, honey that is raw and has not been processed, infused, pasteurized, or otherwise modified or combined with any other food or product shall not be deemed to be a "cottage food product," as defined in N.J.A.C.8:24-1.5.
L.2022, c.124.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:1-2 - Certain books as evidence

24:1-2. Certain books as evidence
The books printed and published and known as the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them, or any of the printed copies of such books, shall in any action or proceeding brought under any of the provisions of this subtitle be received as evidence of the contents thereof, in any court or before any magistrate.
The court or magistrate may determine whether the books offered as such were so printed and published, either from inspection or the knowledge of the judge or magistrate, or from testimony.
No judgment shall be reversed because of the admission of such books unless it be shown that the books so offered in evidence were not, in fact, printed and published as such official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary.
Amended by L.1939, c. 320, p. 770, s. 2, eff. Jan. 1, 1940; L.1953, c. 24, p. 454, s. 1, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:1-3 - Responsibility for acts of officers and agents

24:1-3. Responsibility for acts of officers and agents
When construing and enforcing any provision of this subtitle, the act, omission or failure, within the scope of his employment or office, of any officer, agent or other person acting for or employed by another person, shall be deemed to be the act, omission or failure of the person so represented, as well as that of the person acting in a representative capacity.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:1-4 - Foods, drugs, etc., complying with Federal regulations

24:1-4. Foods, drugs, etc., complying with Federal regulations
No food, drug, device, or cosmetic, which is established to the satisfaction of the State Department to be subject to, and to comply with, regulations promulgated under the Federal Act shall be deemed to be in violation of this subtitle because of its failure to comply with regulations promulgated hereunder, insofar as the same are in conflict with the regulations under the Federal Act.
L.1939, c. 320, p. 770, s. 3, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:2-1 - Enforcement by state departments; rules and regulations

24:2-1. Enforcement by state departments; rules and regulations
The State department shall execute and enforce the provisions of this subtitle and make and publish all necessary rules and regulations providing for enforcement and carrying into effect of any provision of this subtitle and for the government of its officers and employees. The State department is hereby authorized to adopt, insofar as applicable, the regulations from time to time promulgated under the Federal Act.
Amended by L.1939, c. 320, p. 771, s. 4, eff. Jan. 1, 1940; L.1966, c. 74, s. 2, eff. June 14, 1966.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:2-3 - Appointment of analysts, chemists, specialists, chief inspectors, etc.

24:2-3 Appointment of analysts, chemists, specialists, chief inspectors, etc.
24:2-3. The State board may appoint such analysts, chemists, specialists, chief inspectors and other inspectors and employees as may be authorized by law, and the persons thus appointed shall perform such duties as may be assigned to them by the State department. The state board shall fix the salaries of all such officers and employees subject to the provisions of Title 11A of the New Jersey Statutes, Civil Service, except when otherwise provided by statute.
Amended 1997, c.416, s.1.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:2-4 - Designation of registered environmental health specialists to perform certain duties.

24:2-4 Designation of registered environmental health specialists to perform certain duties.
24:2-4. The local board of health may designate from among its registered environmental health specialists one or more registered environmental health specialists who shall perform the duties relating to food and drug inspection required under R.S.24:2-1 et seq. The local board may also appoint one or more food and drug analysts.
Amended 1997, c.416, s.2.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:2-5 - Powers, duties of registered environmental health specialist.

24:2-5 Powers, duties of registered environmental health specialist.
24:2-5. The registered environmental health specialist designated under R.S.24:2-4 shall have, within the jurisdiction of the local board appointing him, all the power and authority given a specialist appointed by the State board under the authority of R.S.24:2-3. He shall, in addition to the usual duties of a registered environmental health specialist, aid in the enforcement of the provisions of this subtitle.
Amended 1997, c.416, s.3.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:2-6 - Interference with officials; penalties

24:2-6. Interference with officials; penalties
No person shall obstruct or interfere with the State department or the local board, or any officer or employee thereof, in the performance of any duty imposed by this subtitle.
Any person who shall violate the provisions of this section shall be liable to a penalty of not more than:
a. $200.00 for each first offense.
b. $600.00 for each second and subsequent offense.
Amended by L.1966, c. 74, s. 3; L.1983, c. 275, s. 2, eff. July 18, 1983.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:2-7 - Consolidated certificate of operation; multiple regulated businesses owned operated upon same premises; suspension or revocation

24:2-7. Consolidated certificate of operation; multiple regulated businesses owned operated upon same premises; suspension or revocation
Any person who owns or operates upon the same premises more than one business which is regulated pursuant to Title 24 (Food and Drugs) of the Revised Statutes shall be entitled to own or operate such businesses upon the issuance by the Commissioner of Health of a consolidated certificate of operation. Such certificate shall be issued in lieu of individual licenses which would otherwise be required by the Department of Health for the ownership or operation of each separate business and may be suspended or revoked in whole or in part for the operation of one or more of such businesses in violation of any statute or rule or regulation of the commissioner.
L.1978, c. 161, s. 1.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:2-9 - Fees for issuance of "Certificate of Free Sale."

24:2-9 Fees for issuance of "Certificate of Free Sale."
9. The Department of Health may, pursuant to regulation adopted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establish and charge reasonable fees not to exceed $100 to cover administrative costs associated with the issuance of a "Certificate of Free Sale." For the purpose of this act, a "Certificate of Free Sale" is defined as a certificate completed and issued by the department attesting that a specific food, drug, cosmetic, or medical device product regulated under Title 24 of the Revised Statutes, and manufactured, distributed, and offered for sale in this State is labeled in conformance with the applicable food, drug, cosmetic, or medical device laws and rules of this State and further attests to the results of the most recently conducted sanitary inspection of the manufacturer or distributor of the subject product.
Further, the Department of Health may, pursuant to regulation adopted in accordance with the "Administrative Procedure Act," establish and charge reasonable fees not to exceed $100 to cover administrative costs associated with the issuance of other certifications or affidavits related to matters regulated by the department under Title 24 of the Revised Statutes.
L.2003, c.117, s.9; amended 2012, c.17, s.84.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:3-1 - Right of entry; opening packages; inspection

24:3-1. Right of entry; opening packages; inspection
The State department and the local board, and any officer or employee thereof, in the performance of any duty imposed by this subtitle, shall have full access to any premises or place, container or conveyance used in the production, preparation, manufacture, packing, storage, transportation, handling, distribution or sale of any food, drug, cosmetic or device, and may inspect any of the aforesaid premises, places or conveyances to determine if it meets the sanitary requirements set forth in this subtitle, and may examine and open any package or container which is believed to contain any food, drug, cosmetic or device manufactured, sold, exposed for sale or had in possession with intent to sell in violation of any provision of this subtitle and inspect the contents thereof and take therefrom samples for analysis, whether or not the container or package be sealed or locked and whether or not it be in transit.
Amended by L.1939, c. 320, p. 771, s. 5; eff. Jan. 1, 1940; L.1961, c. 52, p. 529, s. 9, eff. June 3, 1961.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:3-2 - Procuring sample of food or drug

24:3-2. Procuring sample of food or drug
Every person who shall distribute or sell, or offer for distribution or sale, or have in his possession with intent to distribute or sell, any food, drug, cosmetic or device, shall, on request and tender of the value by the State Department, deliver so much thereof to the department as it may request as a sample.
Amended by L.1939, c. 320, p. 771, s. 6, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:3-3 - Taking sample without consent of owner

24:3-3. Taking sample without consent of owner
If such request is not immediately complied with, the department may demand and take so much of the food, drug, cosmetic or device as it may think necessary, tendering to the person in charge what it deems to be the reasonable value.
Amended by L.1939, c. 320, p. 772, s. 7, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:3-4 - Preservation of sample

24:3-4. Preservation of sample
At the time of the delivery or taking of the sample excepting in the case where the article is a device, it shall be divided in the presence of the person of whom the request or demand was made, or before a witness, into two or more parts and each part shall be sealed in a suitable package. One part shall be tendered and, if accepted, shall be delivered to the person of whom the request or demand was made with a statement in writing that such sample is taken for the purpose of examination, issued in the name of the department and signed by the person taking the same.
Amended by L.1939, c. 320, p. 772, s. 8, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:3-5 - Proof of analysis as evidence

24:3-5. Proof of analysis as evidence
In a prosecution for the violation of any provision of this subtitle no proof of an analysis shall be given in evidence by the prosecutor unless the sample shall have been sealed up and tendered as provided in section 24:3-4 of this title, except as provided in section 24:3-6 of this title.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:3-6 - Proof of analysis on purchase by other than representative of department

24:3-6. Proof of analysis on purchase by other than representative of department
In any prosecution for the sale of food, drug or cosmetic in violation of any provision of this subtitle, proof of the analysis of the article so sold may be given in evidence on the part of the prosecutor, notwithstanding the fact that the article may have been purchased by some person other than a representative of the department, if such article shall immediately after such sale be delivered by the purchaser to the department.
The department shall, in the presence of the person from whom the request or demand was made, or of a witness who may be the purchaser, divide the article into two or more parts and preserve the sample in the same manner as prescribed by section 24:3-4 of this Title.
Amended by L.1939, c. 320, p. 772, s. 9, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:3-9 - Composite sample of milk seized in transit

24:3-9. Composite sample of milk seized in transit
When the department shall seize or take for inspection any milk in transit from a dairy to a receiving station or creamery, it shall proceed with the same to such place and cause all of the milk so seized to be poured in one vessel and thoroughly mixed and take a composite sample for analysis.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4-1 - Confiscation; summary proceeding

24:4-1. Confiscation; summary proceeding
Any food, drug, cosmetic or device, if not in transit from one State to another, that is offered or exposed for sale, or had in possession with intent to distribute or sell or is intended for distribution or sale in violation of any provision of this subtitle, may be confiscated by a summary proceeding as hereinafter provided.
Amended by L.1939, c. 320, p. 773, s. 10, eff. Jan. 1, 1940; L.1953, c. 24, p. 454, s. 2, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4-2 - Jurisdiction

24:4-2. Jurisdiction
24:4-2. The Superior Court or municipal court having jurisdiction in the municipality, as the case may be, in which such food, drug, cosmetic or device is found shall have jurisdiction to hear and determine such proceeding.
Amended 1939, c.320,s.11; 1953,c.24,s.3; 1991,c.91,s.284.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4-5 - Issuance of warrant

24:4-5. Issuance of warrant
Upon the filing of a verified complaint the court may issue a warrant directed to the sheriff or a constable of the county or other peace officer, commanding such officer to seize and take in his possession the article described in the complaint, and bring the same before the court which issued the warrant and to summon the person named in the warrant, and any other person who may be found in possession of the article, to appear at the time and place therein specified.
Amended by L.1953, c. 24, p. 455, s. 6, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4-8 - Claims under oath

24:4-8. Claims under oath
Any person who appears and claims the food, drug, cosmetic or device seized under the warrant shall be required to file a claim under oath.
Amended by L.1939, c. 320, p. 773, s. 12, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4-9 - Sale or destruction of condemned article

24:4-9. Sale or destruction of condemned article
If upon the hearing it shall appear that the article was offered or exposed for sale, or had in possession with intent to distribute or sell, or was intended for distribution or sale in violation of any provision of this subtitle, it shall be confiscated and disposed of by destruction or sale as the court may direct, but no such article shall be sold contrary to any provision of this subtitle.
The proceeds of any sale, less the legal costs and charges, shall be paid to the State department which shall pay the same into the State treasury, or to the local board for the use of the municipality.
Amended by L.1939, c. 320, p. 773, s. 13, eff. Jan. 1, 1940; L.1953, c. 24, p. 455, s. 9, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4-10 - Return of goods; bond

24:4-10. Return of goods; bond
In case the article seized is not injurious to health and is of such a character that when properly marked or branded its sale is not prohibited by this subtitle, the court may order such article delivered to the owner upon the payment of the costs of the proceeding and the execution and delivery to the State department or local board instituting the proceeding, as obligee, of a good and sufficient bond to the effect that such article shall not be sold or otherwise disposed of contrary to the provisions of this subtitle or the laws of any State, territory, district of the United States, or of the United States.
Amended by L.1953, c. 24, p. 456, s. 10.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4-11 - Summary destruction of perishable food

24:4-11. Summary destruction of perishable food
The state department or the local board shall condemn any food of a perishable nature and cause it to be destroyed or disposed of in such a manner as to make it impossible to be thereafter used for human food, whenever found:
a. Exposed or offered for sale, or had in possession with intent to sell, in violation of any provision of this subtitle; or
b. In a state of rottenness or putrefaction, or in any condition which renders it unwholesome or unfit for use for human food.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4-12 - Adulterated or misbranded foods, drugs, etc.; marking; detaining

24:4-12. Adulterated or misbranded foods, drugs, etc.; marking; detaining
Whenever an agent of the State Department or of a local board of health finds, or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this subtitle, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.
L.1939, c. 320, p. 774, s. 14, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4A-2 - Definitions.

24:4A-2 Definitions.
2. As used in this act:
"Donate" means to provide food free of charge or for a fee sufficient only to cover the cost of storing, transporting, or otherwise handling the food.
"Donor" includes, but is not limited to, any farmer, processor, distributor, or wholesaler or retailer of perishable or prepared food, a public or nonpublic school, or an institution of higher education in this State.
"Food" means articles used for food or drink for humans and articles used for components of any such article.
"Food bank" means a nonprofit food clearinghouse that solicits, stores, and distributes donations of edible but unmarketable surplus food. The food is distributed to nonprofit organizations that feed the needy.
"Gleaner" means a person who harvests for distribution an agricultural food that has been donated by the owner.
"Nonprofit organization" means an organization incorporated under the provisions of Title 15 or Title 16 of the Revised Statutes of New Jersey, an organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code or an entity to which a charitable contribution as defined under subsection (c) of section 170 of the Internal Revenue Code is deductible under section 170.
"Perishable food" means any food that may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition. Perishable food includes, but is not limited to, fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables and foods that have been canned or otherwise processed and packaged and which may or may not require refrigeration or freezing.
"Prepared food" means food commercially processed and prepared for human consumption.
L.1982, c.178, s.2; amended 2012, c.68; 2017, c.210, s.2; 2017, c.311, s.1.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4A-3 - Nonliability for food donated.

24:4A-3 Nonliability for food donated.
3. a. Any donor of prepared or perishable food or any gleaner of agricultural food, which food appears to be fit for human consumption at the time it is donated to a nonprofit organization or any other person, shall not be liable for damages in any civil action or subject to criminal prosecution for any injury or death due to the condition of the food, unless the injury or death is a direct result of the gross negligence, recklessness or knowing misconduct of the donor or gleaner.
b. A food bank, nonprofit organization, or their agents who in good faith receive and distribute prepared or perishable food which appears to be fit for human consumption at the time it is distributed shall not be liable for damages in any civil action or subject to criminal prosecution for any injury or death due to the condition of the food, unless the injury or death is a direct result of the gross negligence, recklessness or knowing misconduct of the organization or an agent of the organization.
c. An owner of agricultural food who gives permission to a gleaner to enter upon his land for the purpose of harvesting donated agricultural food for distribution shall not be liable for damages in any civil action due to the presence of the gleaner on the land and shall not be liable for damages in any civil action or subject to criminal prosecution resulting from the consumption of the food gleaned or donated.
d. This section applies to good faith donations of perishable or prepared food which is not readily marketable due to appearance, freshness, grade, passage of the "best by" or other open date, surplus supply, or other conditions which do not affect its fitness for human consumption. The protections provided in this section shall apply regardless of compliance with any laws, rules, regulations, or ordinances regulating the quality or labeling of food.
L.1982, c.178, s.3; amended 2017, c.311, s.2.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4A-3.1 - Immunity from liability.

24:4A-3.1 Immunity from liability.
3. A nonprofit organization that organizes or hosts volunteers on agricultural land for the purpose of collecting or gleaning agricultural food from the land for ultimate distribution to needy individuals shall not be liable for damages in any civil action due to the presence or activity of the organization or volunteers on the land, unless the damage is a direct result of the gross negligence, recklessness, or knowing misconduct of the nonprofit organization or volunteer.
L.2017, c.311, s.3.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4A-4 - Food banks; licenses; fee; regulation

24:4A-4. Food banks; licenses; fee; regulation
a. Any nonprofit organization known as a food bank which receives and distributes prepared or perishable food in accordance with this act shall obtain a license from the Department of Health to distribute such food. The fee for licensure shall be equal to the lowest fee charged to food, drug, or cosmetic establishments regulated by the department pursuant to P.L.1971, c. 158 (C. 24:15-13 and 25:15-14).
b. The Department of Health shall establish procedures to license and regulate nonprofit organizations which receive and distribute food and are known as food banks. The purpose of the licensure and regulation is to ensure the quality of the distributed food.
L.1982, c. 178, s. 4.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4A-7 - Findings and declarations relative to small food retailers

24:4A-7 Findings and declarations relative to small food retailers
2. The Legislature finds and declares:
a. Overweight children and adults are at greater risk for numerous adverse health consequences, including type 2 diabetes, heart disease, stroke, high blood pressure, high cholesterol, certain cancers, asthma, low self-esteem, depression, and other debilitating diseases;
b. In the United States, the medical costs of obesity are rising rapidly with Medicare and Medicaid paying roughly half of these obesity-related costs, estimated to be over $100 billion per year;
c. Many Americans, particularly those in low income neighborhoods, rural areas, and communities of color, live in communities that lack adequate access to full-service grocery stores, and low income areas have more than twice as many convenience stores and four times as many small grocery stores as high income areas;
d. Small food stores, which tend to charge higher prices for food compared to grocery stores and supermarkets, have limited supplies of fresh produce, whole grains, and low-fat dairy products and frequently sell highly processed foods that are high in fat and low in nutrients;
e. Providing assistance to existing small food retailers to stock fresh produce and other healthy foods that promote good nutrition will better provide people with access to healthier foods, and community programs that work with these small food retailers have shown promise in increasing healthy food sales, improving the quality of store offerings, and promoting good nutrition; and
f. It is therefore the intent of the Legislature to provide support to small food retailers operating in New Jersey, in both urban and rural areas, to sell more fresh fruits and vegetables and other healthy foods at affordable prices to neighborhood residents in an effort to improve the health and wellness of all New Jerseyans.
L.2019, c.15, s.2.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4A-8 - Definitions relative to small food retailers

24:4A-8. Definitions relative to small food retailers
3. As used in this act:
"Department" means the Department of Health.
"Fund" means the "Healthy Small Food Retailer Fund" established pursuant to section 5 of this act.
"Healthy Corner Store Program" means the program established pursuant to section 4 of this act.
"Low income area" means a census tract, as reported in the most recently completed decennial census published by the United States Census Bureau, that has a poverty rate of at least 20 percent or in which the median family income does not exceed 80 percent of the Statewide or metropolitan median family income, whichever is greater.
"Moderate income area" means a census tract, as reported in the most recently completed decennial census published by the United States Census Bureau, in which the median family income is between 81 and 95 percent of the median family income for the area.
"Small food retailer" means a small retail outlet, with less than 2,500 square feet, which sells a limited selection of foods and other products, such as a bodega, convenience store, corner store, neighborhood store, small grocery, or small-scale store.
L.2019, c.15, s.3.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4A-10 - "Healthy Small Food Retailer Fund" established

24:4A-10. "Healthy Small Food Retailer Fund" established
5. a. There is established in the Department of Health the "Healthy Small Food Retailer Fund," to support the "Healthy Corner Store Program" created pursuant to section 4 of this act. All monies received in the fund shall be expended by the Commissioner of Health and distributed through grantees to provide assistance to participating small food retailers in rural and urban low income and moderate income areas.
b. The fund shall be credited annually with any monies made available to it from the General Fund or any public or private source other than the State. The commissioner shall include with the annual budget request for the department a request for funds sufficient to carry out the purposes and intent of this act.
c. Monies from the fund shall be used only for the following purposes:
(1) salary and associated administrative costs incurred to provide education, advice, or other assistance to small food retailers on food safety and handling, nutrition education, business operations, and promotion;
(2) refrigeration, display shelving, or other equipment necessary for a small food retailer to keep stock of healthy foods and fresh produce, up to $5,000 per retailer;
(3) materials and supplies for nutrition education and healthy food promotion; and
(4) mini-grants to small food retailers, of up to $100 per retailer, to meet initial expenses incurred with participation in the program.
d. At least 10 percent, but not more than 25 percent of the fund shall be reserved for each grantee's administrative and operational costs to allocate funds to small food retailers and evaluate and report on the program, unless those costs are provided for from other funding sources or in-kind resources.
L.2019, c.15, s.5.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4A-11 - Grantee report

24:4A-11. Grantee report
6. a. Each grantee shall submit a report to the department, on or before March 1 of each year, which includes information concerning the overall geographic distribution of the funding, the amount of funding allocated to each small food retailer, the health impact associated with the program and its funding, and any other data or information required by the department for program monitoring, accountability, and evaluation pursuant to subsection c. of section 4 of this act. The report shall also evaluate any data collected from participating small food retailers and assess other effects and outcomes of the program.
b. Pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the department shall prepare and submit to the Legislature and to the Governor an annual report summarizing the expenditures of the fund, assessing the program and the performance of any grantee, and including all reports submitted by a grantee pursuant to subsection a. of this section. The department shall provide recommendations about the program as necessary.
L.2019, c.15, s.6.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4A-12 - "Jersey Fresh" website expansion

24:4A-12. "Jersey Fresh" website expansion
7. The Department of Agriculture shall expand the "Jersey Fresh" website to provide opportunities for the establishment of purchasing networks between farmers, distributors, grantees, and small food retailers participating in the "Healthy Corner Store Program." The department shall post, in a prominent location on the homepage of its Internet website, a hyperlink that provides visitors with direct access to the "Healthy Corner Store Program" on the expanded website.
L.2019, c.15, s.7.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:4A-13 - Rules, regulations

24:4A-13. Rules, regulations
8. The department may adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement this act.
L.2019, c.15, s.8.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:5-1 - Sale, distribution or manufacture of adulterated or misbranded articles

24:5-1. Sale, distribution or manufacture of adulterated or misbranded articles
No person shall distribute or sell, or manufacture for distribution or sale, or have in his possession with intent to distribute or sell, any food, drug, cosmetic or device which under any of the provisions of this subtitle is adulterated or misbranded.
Amended by L.1939, c. 320, p. 774, s. 15, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:5-2 - Certain dealers excepted from operation of pure food and drug law; guaranty of seller

24:5-2. Certain dealers excepted from operation of pure food and drug law; guaranty of seller
No dealer shall be prosecuted for a violation of any provision of this subtitle regulating the adulteration or misbranding of any food, drug, cosmetic or device if he distributes or sells it or has it in his possession with intent to distribute or sell it in the original, unbroken package in which it was received by him, and he can establish a guarantee signed by the person from whom he purchased the same;
a. If a resident of the State, that the article is not adulterated or misbranded within the meaning of this subtitle, designating it; or
b. If a nonresident of the State residing in the United States, that the article is not adulterated or misbranded within the meaning of an Act of Congress entitled "An act to prohibit the movement in interstate commerce of adulterated and misbranded food, drugs, devices and cosmetics, and for other purposes," approved June twenty-fifth, one thousand nine hundred and thirty-eight, and the supplements and amendments thereto.
Amended by L.1939, c. 320, p. 774, s. 16, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:5-3 - Content of guaranty; liability of resident seller

24:5-3. Content of guaranty; liability of resident seller
Such guaranty, to afford protection, shall contain the name and address of the person making the sale of such article to the dealer. In case the seller is a resident of this state, he shall be amenable to the prosecution, fines, and penalties which would attach to the dealer under any provision of this subtitle.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:5-4 - Guaranty by nonresident

24:5-4. Guaranty by nonresident
If the guaranty is signed by a person who resides outside of this State, the State department shall report the facts in the case to the proper officer appointed for the enforcement of the Federal legislation specified in section 24:5-2 of this Title.
Amended by L.1966, c. 74, s. 4, eff. June 14, 1966.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:5-5 - Extent of protection of dealer

24:5-5. Extent of protection of dealer
No guarantee that any food, drug, cosmetic or device is not adulterated or misbranded within the meaning of the federal legislation specified in section 24:5-2 of this Title shall be effective to exempt any dealer from prosecution under this subtitle unless the requirements of the Federal legislation and of this subtitle covering the adulteration and misbranding of the guaranteed article are identical.
Amended by L.1939, c. 320, p. 775, s. 17, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:5-6 - Article for foreign market

24:5-6. Article for foreign market
No food, drug, cosmetic or device shall be deemed adulterated or misbranded within the meaning of this subtitle when specially prepared for export to any foreign country:
a. If the article shall be prepared and packed according to the specifications of the foreign purchaser; and
b. If no substance is used in the preparation or packing of the article which is prohibited by the laws of the foreign country to which the article was prepared for export; and
c. If the article is labeled on the outside of the shipping package to show that it is intended for export.
If such food, drug, cosmetic or device shall later be sold or offered for sale within the United States, then all the provisions of this subtitle with regard to adulteration and misbranding shall apply thereto.
Amended by L.1939, c. 320, p. 775, s. 18, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:5-7 - Sale of patent medicines not authorized

24:5-7. Sale of patent medicines not authorized
Nothing contained in this subtitle shall be construed as authorizing the sale, gift, furnishing or disposition of any article, substance, admixture or patent or proprietary remedy, the sale, gift, furnishing or disposition of which is prohibited, except upon prescription, by any statute of this state.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:5-8 - General food adulterations

24:5-8. General food adulterations
24:5-8. For the purposes of this subtitle food shall be deemed adulterated:
A. (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or
(2) If it bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of regulations promulgated by the Department of Health limiting the quantity therein or thereon to such extent as the Department of Health of the State of New Jersey finds necessary for the protection of the public health; or
(3) If it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or
(4) If it has been produced, prepared, packed or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; or
(5) If it is in whole or in part the product of an animal which has not been inspected, and the meat of such animal passed as fit for food:
(a) By an official federal inspector; or
(b) By such officer or person as shall be qualified for such purpose in accordance with, and in such manner as shall be prescribed by, regulations adopted by the State department, if such inspection is required by such regulations, or if it is in whole or in part the product of an animal which has died otherwise than by slaughter; or
(6) If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
(7) If, during the course of its processing, it has been exposed to, or treated with, ionized radiation, except that this paragraph shall not apply to any spice so exposed or treated.
B. (1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or
(2) If any substance has been substituted wholly or in part therefor; or
(3) If damage or inferiority has been concealed in any manner; or
(4) If any substance has been added thereto or mixed or packaged therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.
C. If it falls below the standard of purity, quality or strength which it purports or is represented to possess.
D. If it bears or contains a coal-tar color other than one from a batch that has been certified under the federal act.
Amended 1939,c.320,s.19; 1950,c.244,s.1; 1966,c.74,s.5; 1989,c.203,s.1.