reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-45 - Acts of agents, servants and employees

24:16B-45. Acts of agents, servants and employees
When construing and enforcing any provision of this act, the act, omission or failure of any officer, agent, employee or other person acting for any licensee shall be deemed to be the act, omission or failure of the licensee, as well as that of the person committing said act, omission or failure.
L.1968, c. 105, s. 45, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-46 - Books and records; rights of entry, inspection of premises

24:16B-46. Books and records; rights of entry, inspection of premises
The secretary may require all licensees or classes of licensees to keep such records as will fully and correctly disclose all transactions involved in their business; and all licensees subject to such requirements shall, at all reasonable times, upon notice by the secretary or his duly authorized agent or employee, afford the secretary or such agent or employee access to their places of business and afford the secretary, such agents or employees an opportunity to examine the facilities, inventory and records thereof, to make copies of all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor. Any record required to be maintained by this section shall be maintained for such period of time as the secretary shall designate.
L.1968, c. 105, s. 46, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-47 - Reports of licensee

24:16B-47. Reports of licensee
Each licensee shall, from time to time, as required by the order of the secretary, make and file a verified report on forms prescribed by the secretary of all matters on account of which a record is required to be kept, together with such other information or facts as may be necessary to effectuate the purposes of this act.
L.1968, c. 105, s. 47, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-48 - Proceedings before the secretary

24:16B-48. Proceedings before the secretary
The secretary and his duly authorized agents and employees are hereby empowered and charged with the duty to hear, review and determine violations and controversies arising under the provisions of this act, or the rules and regulations prescribed thereunder.
L.1968, c. 105, s. 48, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-49 - Hearing procedures

24:16B-49. Hearing procedures
Before declining to grant a license or conditioning or limiting a license, or suspending or revoking a license previously granted, the secretary or his duly authorized agent or employee shall give notice to the applicant or licensee personally or by certified mail addressed to his last known address, and afford him an opportunity to appear and be heard with respect thereto at a time and place specified in such notice. Such applicant or licensee shall have the right to be heard in person or by attorney, and to offer evidence pertinent to the subject of the hearing, and to that end to invoke the powers of the secretary with respect to the compulsory attendance of witnesses and the production of books, accounts, papers, records and documents by subpoena. The secretary may make such other rules, as may be reasonable and appropriate, regulating the manner, form, time, terms and conditions of such proceedings. The secretary or his duly authorized agent or employee shall not be bound in such proceedings to apply the technical rules of evidence prevailing in a court of law.
L.1968, c. 105, s. 49, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-50 - Issuance of subpoenas

24:16B-50. Issuance of subpoenas
The secretary and his duly authorized agents and employees shall have the power to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records and documents for the purpose of obtaining such information as may be required to carry out the provisions of this act. Such subpoenas shall be signed by the secretary.
L.1968, c. 105, s. 50, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-51 - Service of subpoenas; fees and mileage

24:16B-51. Service of subpoenas; fees and mileage
The process of subpoena authorized in this act shall be served in the same manner and be of the same force and effect as like process of civil actions in the Superior Court; and any person attending in pursuance of such subpoena shall be entitled to the same fees and mileage as witnesses in civil action in said Superior Court. The fees for the attendance of the witnesses shall be paid by the party arranging for the attendance of such witnesses.
L.1968, c. 105, s. 51, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-52 - Refusal to obey subpoena or testify; contempt

24:16B-52. Refusal to obey subpoena or testify; contempt
In case any person so summoned by subpoena issued by said secretary shall refuse to obey such subpoena or any directions therein, or to give testimony, or to answer questions as required, or to produce any book, papers, documents or records as required, the secretary or party subpoenaing said witness may apply to the Superior Court for process against such person, as for a contempt of the Superior Court, and the court shall proceed to a hearing of the case and make such orders and render judgment as in cases of contempt of said court.
L.1968, c. 105, s. 52, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-53 - Oaths

24:16B-53. Oaths
The secretary or any person authorized by law is hereby authorized to administer oaths to all such witnesses as may appear or be brought before said secretary or his duly authorized agent or employee.
L.1968, c. 105, s. 53, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-55 - Informal hearings on violations; adjustment

24:16B-55. Informal hearings on violations; adjustment
Upon receiving evidence of a violation of any of the provisions of this act, or of any rules or regulations of the board or orders of the secretary issued thereunder, any employee designated by the secretary is hereby empowered to hold informal hearings upon said violation or violations at such place or places as the secretary may fix and, upon finding the violations to have been committed, to adjust same with any licensee accused of such violations for such amounts, not in excess of $10,000.00 for the first offense and not in excess of $20,000.00 for any subsequent offense, or suspension of his license for such period, or both, as may in the discretion of the secretary be proper under the circumstances. In the event of the violator complying with the terms of the adjustment, no further action shall be had under section 54 upon any violation so adjusted.
L.1968, c. 105, s. 55, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-56 - Orders of the secretary; service

24:16B-56. Orders of the secretary; service
The secretary or his duly authorized agent or employee shall make and enforce orders necessary to carry out the provisions of this act. An order or determination applying only to a person named therein shall be served on the person affected by personal delivery of a copy of said order or by mailing a copy thereof to him at his last known address by certified mail. All orders and determinations shall include the findings of fact upon which such orders or determinations are based.
L.1968, c. 105, s. 56, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-57 - Records of the secretary; reports to the Attorney General

24:16B-57. Records of the secretary; reports to the Attorney General
The secretary shall keep a record of all his official acts, and shall preserve copies of all decisions, rules and orders made by him. The secretary shall make a semiannual report to the Attorney General with regard to the number and type of violations of this act, the facts incidental thereto and the disposition thereof.
L.1968, c. 105, s. 57, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-58 - Disposition of license fees, penalties, fines and costs

24:16B-58. Disposition of license fees, penalties, fines and costs
All funds derived from fees for licenses issued hereunder, and the proceeds of any adjustments, penalties, fines and costs imposed by the secretary or any court hereunder, shall be paid to the State Treasurer and shall become part of the General State Fund.
L.1968, c. 105, s. 58, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-59 - Review by Superior Court

24:16B-59. Review by Superior Court
Any person, applicant or licensee aggrieved by any order or determination of the secretary, or his agent or employee made pursuant to this act may obtain a review of the action complained of by the Superior Court in a proceeding in lieu of prerogative writ.
L.1968, c. 105, s. 59, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-60 - Violations

24:16B-60. Violations
Any person who violates any provision of this act, except sections 11 and 44, or any orders or rules or regulations issued pursuant to this act, shall, in addition to any other penalty herein provided, be a disorderly person and, if convicted as such, be fined not more than $1,000.00, or imprisoned for a period not in excess of 1 year, or both.
L.1968, c. 105, s. 60, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-61 - Actions to restrain violations

24:16B-61. Actions to restrain violations
Any habitual violation of this act or of any of the orders or rules or regulations made pursuant to this act may be restrained by the Superior Court in an action brought for such purpose by the Attorney General on behalf of the secretary.
L.1968, c. 105, s. 61, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-62 - Co-operation with United States Government

24:16B-62. Co-operation with United States Government
The Department of Agriculture is authorized to co-operate with the Secretary of Agriculture of the United States in developing and administering the meat inspection program of the State of New Jersey. The secretary is authorized, with the approval of the State Board of Agriculture, to enter into agreements with the Secretary of Agriculture of the United States for advisory assistance in planning and otherwise enforcing this act, technical and laboratory assistance and training, and financial and other aid for administration of this act. The secretary, with the approval of the State board, may recommend to the Secretary of Agriculture of the United States such officials or employees of this State as the secretary shall designate for appointment to the advisory committee provided for in section 301 of the Federal Meat Inspection Act.
L.1968, c. 105, s. 62, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-63 - Agreements with other agencies

24:16B-63. Agreements with other agencies
For the furtherance of the objectives stated in this act, the secretary shall have authority to enter into agreements with State, county and municipal agencies and with other States.
L.1968, c. 105, s. 63, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-64 - Grant of specific powers not to impair general powers

24:16B-64. Grant of specific powers not to impair general powers
The operation and effect of any provision of this act conferring a general power upon the board or the secretary shall not be impaired or qualified by the granting to the board, the secretary, or an employee or agent of the secretary by this act of a specific power or powers.
L.1968, c. 105, s. 64, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-65 - Foreign or interstate commerce

24:16B-65. Foreign or interstate commerce
No provisions of this act shall apply or be construed to apply to foreign or interstate commerce, except insofar as the same may be effective pursuant to the United States Constitution and to the laws of the United States enacted pursuant thereto.
L.1968, c. 105, s. 65, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-66 - Authority of department of health not abrogated or affected except as authorized by this act

24:16B-66. Authority of department of health not abrogated or affected except as authorized by this act
Nothing contained in this act or the orders, rules or regulations adopted thereunder shall abrogate, impair or affect the authority of the Department of Health or any county or municipal board of health except as the same relates to the slaughtering, processing or packaging of animals, carcasses, parts thereof, meat or meat food product or animal food product or the handling or distribution thereof as provided herein.
L.1968, c. 105, s. 66, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-67 - Authority of the division of weights and measures not abrogated or affected

24:16B-67. Authority of the division of weights and measures not abrogated or affected
Nothing herein contained in this act or the orders, rules or regulations adopted thereunder shall abrogate, impair or affect the authority, status, force or operation of the Department of Law and Public Safety, Division of Weights and Measures, Department of Law and Public Safety, or of any county or municipal weights and measures authority.
L.1968, c. 105, s. 67, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-68 - Liberal construction

24:16B-68. Liberal construction
This act shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance of each and every act and thing herein authorized.
L.1968, c. 105, s. 68, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-69 - Inconsistent acts and rules and regulations superseded

24:16B-69. Inconsistent acts and rules and regulations superseded
All acts and parts of acts, rules and regulations issued thereunder inconsistent in whole or in part with the provisions of this act are to such extent superseded.
L.1968, c. 105, s. 69, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-70 - Partial invalidity

24:16B-70. Partial invalidity
If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this act directly involved in the controversy in which said judgment shall have been rendered.
L.1968, c. 105, s. 70, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:16B-71 - Repeal

24:16B-71. Repeal
The following acts and parts of acts are repealed: section 24:5-21 of the Revised Statutes, section 24:6-8 of the Revised Statutes, chapter 16 of Title 24 of the Revised Statutes, chapter 415 of the laws of 1953, and section 2 of chapter 244 of the laws of 1950.
L.1968, c. 105, s. 71, eff. July 1, 1968.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:17-1 - Penalties

24:17-1. Penalties
(a) Any person who shall violate any provision of this subtitle, or any rule or regulation of the State department made pursuant thereto, or who shall refuse to comply with any lawful order or direction of the department, shall be liable to the following penalties, unless otherwise specifically provided:
(1) For each first offense a penalty of $100.00;
(2) For each second offense a penalty of $200.00;
(3) For each third and every subsequent offense a penalty of $400.00.
(b) Any person who shall remove or dispose of any depressant or stimulant drug as defined pursuant to law in violation of section 24:4-12 of this Title is guilty of a misdemeanor.
Amended by L.1966, c. 314, s. 9, eff. Dec. 29, 1966; L.1983, c. 275, s. 12, eff. July 18, 1983.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:17-2 - Different places or days as separate violations

24:17-2. Different places or days as separate violations
The production, preparation, manufacture, distribution, sale, offering or exposing for sale or having in possession with intent to distribute or sell of any food, drug, cosmetic or device in different places on the same day, or in the same place on different days, in violation of any provision of this subtitle, or of any rule or regulation of the State Department made pursuant thereto, or of any lawful order or direction of the department given thereunder, shall each be deemed to be a separate violation.
Amended by L.1939, c. 320, p. 787, s. 34, eff. Jan. 1, 1940.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:17-4 - Action to restrain violation

24:17-4. Action to restrain violation
The State department, either before or after the institution of a proceeding for the collection of a penalty imposed by this subtitle for a violation of any provision thereof, may institute an action in the Superior Court in the name of the State at the relation of the department to restrain such violation and for such other or further relief as the court shall deem proper.
The institution of such action, or any of the proceedings therein, shall not relieve any party to such proceeding from any penalty prescribed by this subtitle for such violation.
Amended by L.1953, c. 24, p. 462, s. 43, eff. March 19, 1953.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:17-5 - Recovery of penalties; enforcement

24:17-5. Recovery of penalties; enforcement
24:17-5. Except as otherwise specifically provided, any and all penalties prescribed by any provision of this subtitle shall be sued for and recovered in a civil action by and in the name of the State Department of Health, or by and in the name of the local board of health, as the case may be, as plaintiff.
Jurisdiction of proceedings to collect such penalties is vested in the Superior Court and the municipal court in any municipality where the defendant may be apprehended or where he may reside. Process shall be either a summons or warrant and shall be prosecuted in a summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).
Amended 1953,c.24,s.44; 1966,c.74,s.28; 1991,c.91,s.285.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:17-8 - Disposition of penalties collected

24:17-8. Disposition of penalties collected
Any penalty recovered in an action brought under the provisions of this subtitle shall be paid to the plaintiff therein. When the plaintiff is the state department of health, the penalty shall be paid by the department into the treasury of the state. When the plaintiff is a local board of health, the penalty shall be paid by the local board into the treasury of the municipality within which the local board has jurisdiction.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-4 - Schedules of controlled substances

24:21-4. Schedules of controlled substances
The schedules contained in sections 5 through 8 of this act include the controlled dangerous substances listed or to be listed by whatever official name, common or usual name, chemical name, or trade name designated.
L.1970, c. 226, s. 4.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-6 - Schedule II.

24:21-6 Schedule II.
6. Schedule II.
a. Tests. The director shall place a substance in Schedule II if he finds that the substance: (1) has high potential for abuse; (2) has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and (3) abuse may lead to severe psychic or physical dependence.
b. The controlled dangerous substances listed in this section are included in Schedule II, subject to any revision and republishing by the director pursuant to subsection d. of section 3 of P.L.1970, c.226 (C.24:21-3), and except to the extent provided in any other schedule.
c. Any of the following substances except those narcotic drugs listed in other schedules whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(2) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause 1, except that these substances shall not include the isoquinaline alkaloids of opium.
(3) Opium poppy and poppy straw.
(4) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extractions which do not contain cocaine or ecogine.
d. Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:
(1) Alphaprodine
(2) Anileridine
(3) Bezitramide
(4) Dihydrocodeine
(5) Diphenoxylate
(6) Fentanyl
(7) Isomethadone
(8) Levomethorphan
(9) Levorphanol
(10) Metazocine
(11) Methadone
(12) Methadone--Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenyl butane
(13) Moramide--Intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid
(14) Pethidine
(15) Pethidine--Intermediate--A, 4-cyano-1-methyl-4-phenylpiperidine
(16) Pethidine--Intermediate--B, ethyl-4-phenylpiperidine-4-carboxylate
(17) Pethidine--Intermediate--C, 1-methyl-4-phenylpiperidine-4-carboxylic acid
(18) Phenazocine
(19) Piminodine
(20) Racemethorphan
(21) Racemorphan.
L.1970, c.226, s.6; amended 2007, c.244, s.4.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-8 - Schedule IV.

24:21-8 Schedule IV.
8. Schedule IV.
a. Tests. The director shall place a substance in Schedule IV if he finds that the substance: (1) has low potential for abuse relative to the substances listed in Schedule III; (2) has currently accepted medical use in treatment in the United States; and (3) may lead to limited physical dependence or psychological dependence relative to the substances listed in Schedule III.
b. The controlled dangerous substances listed in this section are included in Schedule IV.
c. Any material, compound, mixture or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) Barbital
(2) Chloral betaine
(3) Chloral hydrate
(4) Ethchlorovynol
(5) Ethinamate
(6) Methohexital
(7) Meprobamate
(8) Methylphenobarbital
(9) Paraldehyde
(10) Petrichloral
(11) Phenobarbital.
d. The director may except by rule any compound, mixture, or preparation containing any depressant substance listed in subsection c. from the application of all or any part of this act if the compound, mixture or preparation contains one or more active medicinal ingredients not having a depressant effect on the central nervous system, and if the admixtures are included therein in combinations, quantity, proportion or concentration that vitiate the potential for abuse of the substances which have a depressant effect on the central nervous system.
L.1970, c.226, s.8; amended 1971, c.3, s.3; 2007, c.244, s.6.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-8.1 - Schedule V.

24:21-8.1 Schedule V.
4. Schedule V.
a. Tests. The director shall place a substance in Schedule V if he finds that the substance: (1) has low potential for abuse relative to the substances listed in Schedule IV; (2) has currently accepted medical use in treatment in the United States; and (3) has limited physical dependence or psychological dependence liability relative to the substances listed in Schedule IV.
b. The controlled dangerous substances listed in this section are included in Schedule V.
c. Any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) Not more than 200 milligrams of codeine or any of its salts per 100 milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine or any of its salts per 100 milliliters or per 100 grams;
(3) Not more than 50 milligrams of ethylmorphine or any of its salts per 100 milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium or any of its salts per 100 milliliters or per 100 grams.
L.1971, c.3, s.4; amended 2007, c.244, s.7.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-9 - Rules and regulations.

24:21-9 Rules and regulations.
9. Rules and regulations. The director is authorized to promulgate rules and regulations and to charge reasonable fees relating to the registration and control of the manufacture, distribution, and dispensing of controlled dangerous substances within this State.
L.1970, c.226, s.9; amended 2007, c.244, s.8.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-10 - Registration requirements.

24:21-10 Registration requirements.
10. Registration requirements. a. Every person who manufactures, distributes, or dispenses any controlled dangerous substance within this State or who proposes to engage in the manufacture, distribution, or dispensing of any controlled dangerous substance within this State, shall obtain a registration issued by the division in accordance with rules and regulations promulgated by it.
b. Persons registered by the director under this act to manufacture, distribute, dispense, or conduct research with controlled dangerous substances may possess, manufacture, distribute, dispense, or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of this article.
c. The following persons shall not be required to register and may lawfully have under their control or possess controlled dangerous substances under the provisions of P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented; provided, however, that nothing in this section shall be construed as conferring on a person who is not registered or licensed as a practitioner or as a pharmacist any authority, right or privilege that is not granted him by the laws of this State:
(1) An agent, or an employee thereof, of any registered manufacturer, distributor, or dispenser of any controlled dangerous substance if such agent is acting in the usual course of his business or employment;
(2) A common carrier or warehouseman, or an employee thereof, whose possession of any controlled dangerous substance is in the usual course of his business or employment;
(3) An ultimate user or a person in possession of any controlled dangerous substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance;
(4) Peace officers or employees in the performance of their official duties requiring possession or control of controlled dangerous substances; or to temporary incidental possession by employees or agents of persons lawfully entitled to possession, or by persons whose possession is authorized for the purpose of aiding peace officers in performing their official duties.
d. The director may, by regulation, waive the requirement for registration of certain manufacturers, distributors, or dispensers if he finds it consistent with the public health and safety.
e. A separate registration shall be required at each principal place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled dangerous substances.
f. The director is authorized to inspect the establishment of a registrant or applicant for registration in accordance with the rules and regulations promulgated by him.
L.1970, c.226, s.10; amended 1971, c.3, s.5; 2007, c.244, s.9.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-13 - Records of registrants.

24:21-13 Records of registrants.
13. Records of registrants. Persons registered to manufacture, distribute, or dispense controlled dangerous substances under P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented, shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with such additional rules as may be issued by the director.
L.1970, c.226, s.13; amended 2007, c.244, s.12.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-14 - Order forms.

24:21-14 Order forms.
14. Order forms. a. Controlled dangerous substances in Schedules I and II shall be distributed only by a registrant, pursuant to an official written order form, clearly identifying it as covering or relating to Schedule I and Schedule II, or either thereof, controlled dangerous substances and bearing the registration number of the registrant. Compliance with federal law respecting order forms shall be deemed compliance with this section.
b. A pharmacist, only upon an official written order, may sell to a practitioner in quantities not exceeding one ounce at any one time, aqueous or oleaginous solutions compounded by him of which the content of narcotic drugs or other controlled dangerous substances does not exceed a proportion greater than 20% of the complete solution, to be used for medical purposes.
c. An official written order for any controlled dangerous substance in Schedule I or Schedule II shall be signed in triplicate by the person giving said order or by his duly authorized agent. The original and triplicate shall be presented to the person who sells or dispenses the controlled dangerous substance or substances named therein. In the event of the acceptance of such order by said person, except as may be otherwise required by rule, regulation, or order of the director, each party to the transaction shall preserve his copy of such order for a period of two years, in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this chapter.
d. Use of an official written order in electronic form shall comply with the requirements of State law and regulations.
L.1970, c.226, s.14; amended 2007, c.244, s.13.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-15 - Prescriptions.

24:21-15 Prescriptions.
15. Prescriptions. a. Except when dispensed directly in good faith by a practitioner, other than a pharmacist, in the course of his professional practice only, to an ultimate user, no controlled dangerous substance included in Schedule II, which is a prescription drug as defined in section 2 of P.L.2003, c.280 (C.45:14-41), may be dispensed without the written prescription of a practitioner; provided that in emergency situations, as prescribed by the division by regulation, such drug may be dispensed upon oral prescription reduced promptly to writing and filed by the pharmacist, if such oral prescription is authorized by federal law. Prescriptions shall be retained in conformity with the requirements of section 13 of P.L.1970, c.226 (C.24:21-13). No prescription for a Schedule II substance may be refilled.
b. Except when dispensed directly in good faith by a practitioner, other than a pharmacist, in the course of his professional practice only, to an ultimate user, no controlled dangerous substance included in Schedules III and IV which is a prescription drug as defined in section 2 of P.L.2003, c.280 (C.45:14-41) may be dispensed without a written or oral prescription. Such prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription, unless renewed by the practitioner.
c. No controlled dangerous substance included in Schedule V may be distributed or dispensed other than for a valid and accepted medical purpose.
d. A practitioner other than a veterinarian who prescribes a controlled dangerous substance in good faith and in the course of his professional practice may administer the same or cause the same to be administered by a nurse or intern under his direction and supervision.
e. A veterinarian who prescribes a controlled dangerous substance not for use by a human being in good faith and in the course of his professional practice may administer the same or cause the same to be administered by an assistant or orderly under his direction and supervision.
f. A person who has obtained a controlled dangerous substance from the prescribing practitioner for administration to a patient during the absence of the practitioner shall return to the practitioner any unused portion of the substance when it is no longer required by the patient or when its return is requested by the practitioner.
g. Whenever it appears to the division that a drug not considered to be a prescription drug under existing State law should be so considered because of its abuse potential, it shall so advise the New Jersey State Board of Pharmacy and furnish to it all available data relevant thereto.
L.1970, c.226, s.15; amended 1971, c.3, s.7; 2007, c.244, s.14.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-15.1 - Prescriber to discuss risks of dependence on certain drugs with certain patients.

24:21-15.1 Prescriber to discuss risks of dependence on certain drugs with certain patients.
1. a. A health care professional authorized to issue prescriptions shall, prior to issuing a prescription for an opioid drug which is a Schedule II controlled dangerous substance, discuss with a patient who is under 18 years of age and is an emancipated minor, or with the patient's parent or guardian if the patient is under 18 years of age and is not an emancipated minor, the risks of developing a physical or psychological dependence on the opioid drug and, if the prescriber deems it appropriate, such alternative treatments as may be available.
b. A prescriber who engages in a discussion required pursuant to subsection a. of this section shall include a note in the patient's medical record indicating that the discussion took place.
c. The discussion required under subsection a. of this section shall not be required prior to issuing a prescription to any patient who is currently receiving hospice care from a licensed hospice.
L.2017, c.8, s.1.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-15.3 - Rules, regulations.

24:21-15.3 Rules, regulations.
13. a. The Director of the Division of Consumer Affairs, 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 sections 11 and 12 of P.L.2017, c.28 (C.24:21-15.2 and C.45:9-22.19).
b. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Director of the Division of Consumer Affairs may adopt, immediately upon filing with the Office of Administrative Law, and no later than the 90th day after the effective date of this act, such regulations as the director deems necessary to implement any of the provisions of P.L.2017, c.28 (C.17:48-6nn et al.). Regulations adopted pursuant to this subsection shall be effective until the adoption of rules and regulations pursuant to subsection a. of this section, and may be amended, adopted, or readopted by the director in accordance with the requirements of P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2017, c.28, s.13.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-16 - Form of label on containers of manufacturers and wholesalers; altering or removing label.

24:21-16 Form of label on containers of manufacturers and wholesalers; altering or removing label.
16. Form of label on containers of manufacturers and wholesalers; altering or removing label. Whenever a manufacturer sells or dispenses a controlled dangerous substance in a package prepared by him, he shall securely affix to each package in which that substance is contained a label showing in legible English the name and address of the vendor and the quantity, kind and form of the substance contained therein. Whenever a wholesaler sells or dispenses a controlled dangerous substance in any package or shipping container other than the package in which received from the manufacturer, he shall securely affix to such package a label showing in legible English his name and address.
No person except a pharmacist for the purpose of filling a prescription under this act, shall alter, deface or remove any label so affixed by the manufacturer.
L.1970,c.226,s.16.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-17 - Form of label to be used by pharmacists; altering or removing label.

24:21-17 Form of label to be used by pharmacists; altering or removing label.
17. Form of label to be used by pharmacists; altering or removing label. Whenever a pharmacist sells or dispenses any controlled dangerous substance on a prescription issued by a practitioner, the pharmacist shall affix to the container in which such drug is sold or dispensed, a label showing the pharmacist's own name, address, and registry number, or the name, address, and registry number of the pharmacist or pharmacy owner for whom the pharmacist is lawfully acting; the name of the patient or, if the patient is an animal, the name of the owner of the animal and the species of the animal; the name of the practitioner by whom the prescription was issued; the brand name or generic name of the drug dispensed unless the prescriber states otherwise on the prescription, such directions as may be stated on the prescription and such directions as may be required by rules or regulations promulgated by the director. In addition, whenever a pharmacist, other than a pharmacist dispensing medication in an institutional pharmacy, as that term is defined in N.J.A.C.13:39-9.2, dispenses an opioid medication on a prescription issued by a practitioner, the pharmacist shall affix to the container in which such opioid medication is sold or dispensed a warning label or sticker describing the risks associated with opioid medications. The New Jersey State Board of Pharmacy shall specify by rule or regulation the location on the medication container where the warning label or sticker shall be affixed, the font and format of any language to be included on the warning label or sticker, and the specific language to be included on the warning label or sticker, which, at a minimum, shall indicate that the medication in the container is an opioid and that opioid medications carry a risk of addiction and overdose. Unless otherwise provided by rules or regulations promulgated by the New Jersey State Board of Pharmacy, the label or sticker shall be red in color with the text printed in black.
No person shall alter, deface, or remove any label or sticker so affixed as long as any of the original contents remain.
L.1970, c.226, s.17; amended 1979, c.146, s.2; 1986, c.75, s.1; 2007, c.244, s.15; 2019, c.162.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-21 - Prohibited acts C.--Records and order forms of registered manufacturers and distributors--Penalties

24:21-21. Prohibited acts C.--Records and order forms of registered manufacturers and distributors--Penalties
a. It shall be unlawful for any person:
(1) Who is subject to the requirements of article 3 of this act to distribute or dispense a controlled dangerous substance in violation of section 14;
(2) Who is a registrant, to manufacture, distribute, or dispense a controlled dangerous substance not authorized by his registration;
(3) To omit, remove, alter, or obliterate a symbol, label or mark required by Federal or State law;
(4) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under this act;
(5) To refuse, any entry into any premises or inspection authorized by this act; or,
(6) Knowingly to keep or maintain any store, shop, warehouse, dwelling house, building, vehicle, boat, aircraft, or any place whatever, which is resorted to by persons using controlled dangerous substances in violation of this act for the purpose of using such substances, or which is used for the keeping or selling of the same in violation of this act.
b. Any person who violates this section shall be subject to a fine of not more than $25,000.00; provided, that if the violation is prosecuted by an accusation or indictment which alleges that the violation was committed knowingly or intentionally, and the trier of fact specifically finds that the violation was committed knowingly or intentionally, such person is guilty of a high misdemeanor and shall be punished by imprisonment for not more than 3 years, or by a fine of not more than $25,000.00, or both.
L.1970, c. 226, s. 21.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-22 - Prohibited acts D.--Fraud or misrepresentation by registered manufacturers or distributors--penalties.

24:21-22 Prohibited acts D.--Fraud or misrepresentation by registered manufacturers or distributors--penalties.
Prohibited acts D.--Fraud or misrepresentation by registered manufacturers or distributors--Penalties.
a. It shall be unlawful for any person knowingly or intentionally:
(1) Who is a registrant to distribute a controlled dangerous substance classified in Schedule I or II, in the course of his legitimate business, except pursuant to an order form as required by section 14 of this act;
(2) To use in the course of the manufacture or distribution of a controlled dangerous substance a registration number which is fictitious, revoked, suspended or issued to another person;
(3) (Deleted by amendment, P.L. 1987, c. 106.)
(4) To furnish false or fraudulent material information in, or omit any material information from, any application, report, or other document required to be kept or filed under this act, or any record required to be kept by this act; or
(5) To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit controlled dangerous substance.
b. Any person who violates this section shall be punished by imprisonment for not more than three years, or by a fine of not more than $30,000.00, or both.
L. 1970, c. 226, s. 22; amended by L. 1987, c. 106, s. 18.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-23 - General penalty

24:21-23. General penalty
General Penalty. Any person who violates any provision of this act for which no specific penalty is provided shall be guilty of a disorderly persons offense.
L. 1970, c. 226, s. 23; amended by L. 1987, c. 106, s. 19.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-24 - Attempt, endeavor and conspiracy

24:21-24. Attempt, endeavor and conspiracy
Attempt, endeavor and conspiracy. a. Any person who attempts, endeavors or conspires to commit any offense defined in this act is punishable by imprisonment or fine or both which may not exceed the maximum punishment prescribed for the offense, the commission of which was the object of the endeavor or conspiracy.
b. (Deleted by amendment, P.L. 1987, c. 106.)
L. 1970, c. 226, s. 24; amended by L. 1987, c. 106, s. 20.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-25 - Additional penalties

24:21-25. Additional penalties
Any penalty imposed for violation of this act shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. In any case where a violation of this act is violation of a Federal law or the law of another state, the conviction or acquittal under Federal law or the law of another state for the same act is a bar to prosecution in this State.
L.1970, c. 226, s. 25.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-29 - Second or subsequent offenses

24:21-29. Second or subsequent offenses
Second or subsequent offenses. a. Any person convicted of any offense under this act, if the offense is a second or subsequent offense, shall be punished by a term of imprisonment of up to twice that otherwise authorized, by up to twice the fine otherwise authorized, or by both.
b. For purposes of this section, an offense shall be considered a second or subsequent offense, if, prior to the commission of the offense, the offender has at any time been convicted of an offense or offenses under this act or under any law of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs.
L. 1970, c. 226, s. 29; amended by L. 1979, c. 388, s. 5; 1987, c. 106, s. 21.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-34 - Cooperative arrangements.

24:21-34 Cooperative arrangements.
34. Cooperative arrangements. a. The director may cooperate with federal and other State, county, and municipal law enforcement and other agencies in discharging the director's responsibilities concerning traffic in dangerous substances and in suppressing the abuse of dangerous substances, including but not limited to prescription opioid drugs. To this end, the director is authorized to:
(1) Except as otherwise provided by law, arrange for the exchange of information between government officials concerning the use and abuse of dangerous substances; provided, however, that in no case shall any officer having knowledge by virtue of that individual's office of any such prescription, order, or record divulge such knowledge, except in connection with a prosecution or proceeding in court or before a licensing board or officer to which prosecution or proceeding the person to whom the records relate, is a party;
(2) Coordinate and cooperate in training programs on dangerous substances law enforcement at the local and State levels; and
(3) Conduct educational programs for: members of the general public; pharmacy permit holders and pharmacists; and health care professionals, mental health practitioners, and practitioners as defined in section 24 of P.L.2007, c.244 (C.45:1-44).
b. Results, information, and evidence received from the Drug Enforcement Administration relating to the regulatory functions of P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented, including results of inspections conducted by that agency, may be relied upon and acted upon by the director in conformance with the director's regulatory functions under P.L.1970, c.226, as amended and supplemented.
L.1970, c.226, s.34; amended 2007, c.244, s.18; 2015, c.34, s.2; 2015, c.74, s.1.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:21-35 - Nuisances

24:21-35. Nuisances
The maintenance of any building, conveyance or premises whatever which is resorted to by persons for the unlawful manufacture, distribution, dispensing, administration or use of controlled dangerous substances shall constitute the keeping of a common nuisance.
L.1970, c. 226, s. 35. Amended by L.1975, c. 42, s. 1, eff. April 2, 1975; L.1979, c. 344, s. 9, eff. Jan. 23, 1980.