reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6L-2 - Findings, declarations relative to epinephrine auto-injectors.

24:6L-2 Findings, declarations relative to epinephrine auto-injectors.
2. The Legislature finds and declares that:
a. Insect and food allergies are the leading cause of anaphylaxis, a life-threatening condition that is easily treatable with epinephrine, a medication only available via prescription;
b. Individuals who are known to be at risk of anaphylaxis may carry emergency doses of epinephrine with them at all times. However, many individuals may not be aware of their allergy and therefore do not carry epinephrine medication;
c. New Jersey offers a broad array of outdoor, cultural, and culinary experiences which may expose its citizens to different kinds of insects and foods for the first time;
d. Exposure to insects or food resulting in an allergic reaction may occur in settings, such as youth camps, where medical professionals or first responders are not available to provide emergency care for anaphylaxis;
e. The State of New Jersey, at P.L.1997, c.368 (C.18A:40-12.5 et seq.) and P.L.2013, c.211 (C.18A:61D-11 et seq.), has already recognized the value of training non-medical professionals to administer this life-saving drug in K-12 educational settings and institutions of higher education when a medical professional is not physically present at the scene; and
f. It is prudent to similarly provide members of the public who have completed an approved training course with the tools necessary to respond to emergency anaphylaxis situations when assistance from medical professionals and first responders is not readily available.
L.2015, c.215, s.2.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6L-3 - Definitions relative to epinephrine auto-injectors.

24:6L-3 Definitions relative to epinephrine auto-injectors.
3. As used in this act:
"Commissioner" means the Commissioner of Health.
"Health care professional" means a licensed physician, physician assistant, advanced practice nurse, pharmacist, or other health care professional whose professional practice is regulated pursuant to Title 45 of the Revised Statutes and whose authorized scope of practice includes prescribing, dispensing, or administering medication, whether independently or through a joint protocol or standing order from a physician.
L.2015, c.215, s.3.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6L-4 - Authorization to administer.

24:6L-4 Authorization to administer.
4. a. Any person who has successfully completed an educational program approved by the commissioner pursuant to section 5 of this act to administer an epinephrine auto-injector device shall be issued a certificate of completion, which shall authorize the person to administer, maintain, and dispose of an epinephrine auto-injector device.
b. A licensed health care professional may prescribe or dispense an epinephrine auto-injector device, either directly or through a standing order, to a person authorized to administer, maintain, and dispose of the device pursuant to subsection a. of this section.
c. An entity employing a person authorized to administer, maintain, and dispose of an epinephrine auto-injector device pursuant to subsection a. of this section may obtain, maintain, and make available to the authorized person epinephrine auto-injector devices consistent with such standards and protocols as the commissioner may establish by regulation.
L.2015, c.215, s.4.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6L-5 - Written standards, application procedures.

24:6L-5 Written standards, application procedures.
5. The commissioner shall establish written standards and application procedures for approval of educational programs for the safe administration of epinephrine using an auto-injector device. An educational program shall include training in the administration of epinephrine auto-injector devices, recognition of the symptoms of anaphylaxis, safe maintenance and storage of epinephrine auto-injector devices, and such other information as the commissioner deems necessary.
L.2015, c.215, s.5.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6L-6 - Immunity from civil liability, disciplinary action.

24:6L-6 Immunity from civil liability, disciplinary action.
6. a. A health care professional shall not, as a result of the professional's acts or omissions, be subject to any civil liability or any professional disciplinary action under Title 45 of the Revised Statutes for any act or omission which is undertaken in good faith in accordance with this act.
b. A person authorized to administer, maintain, or dispose of an epinephrine auto-injector device under subsection a. of section 4 of this act who, in good faith and without fee, administers an epinephrine auto-injector device to a person who appears to be suffering from anaphylaxis or any other serious condition treatable with epinephrine shall not, as a result of the person's acts or omissions, be subject to any civil liability for administering the device consistent with this act.
c. An entity authorized to obtain, maintain, and make available epinephrine auto injector devices to a person employed by the entity pursuant to subsection c. of section 4 of this act shall not, as a result of the entity's acts or omissions, be subject to any civil liability for any act or omission which is undertaken in good faith in accordance with this act.
d. A person or entity conducting an educational program approved by the commissioner as provided in section 5 of this act shall not be subject to any civil liability for any act or omission which is undertaken in accordance with this act.
e. For the purposes of this section, good faith does not include willful misconduct, gross negligence, or recklessness.
L.2015, c.215, s.6.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6L-7 - Construction of act.

24:6L-7 Construction of act.
7. Nothing in this act shall be construed to:
a. permit a person who has completed a training program pursuant to this act to perform the duties or fill the position of a licensed medical professional;
b. prohibit the administration of an epinephrine auto-injector device by a person acting pursuant to a lawful prescription;
c. prevent a licensed and qualified member of a health care profession from administering an epinephrine auto-injector device if the duties are consistent with the accepted standards of practice applicable to the member's profession; or
d. violate the "Athletic Training Licensure Act," P.L.1984, c.203 (C.45:9-37.35 et seq.) in the event that a licensed athletic trainer administers epinephrine as authorized pursuant to this act.
L.2015, c.215, s.7.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6M-1 - Findings, declarations relative to drug donation.

24:6M-1 Findings, declarations relative to drug donation.
1. The Legislature finds and declares that the health of low-income persons in the State can be improved, and the cost to the State of providing health care to low-income persons can be reduced, through the establishment of one or more programs that provide for: the donation of unused over-the-counter drugs, prescription drugs, and administration supplies, which would otherwise be destroyed; and the redistribution of such unused drugs and administration supplies to those persons who are most in need.
L.2017, c.254, s.1.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6M-5 - Immunity from liability.

24:6M-5 Immunity from liability.
5. a. Any donor, redistributor, third-party intermediary, common carrier, contract carrier, governmental agency, including but not limited to the Department of Health and the board, pharmacy benefit manager, pharmacy services administration organization, health care coverage program, or other entity or person, including but not limited to volunteers, employees, officers, directors, owners, partners, managers, and members, who acts reasonably and in good faith, within the scope of a drug donation program, and in accordance with the provisions of this act, shall be: (1) immune from civil or criminal liability for any injury, death, or loss suffered by a person who is dispensed a donated drug or donated administration supplies under this act; and (2) exempt from any professional disciplinary action stemming from any act or omission associated with any activity pursuant to this act, including but not limited to, the donation, acceptance, repackaging, transportation, transfer, or dispensing of a donated drug or donated administration supplies.
b. A drug manufacturer, wholesaler, or other entity participating in the supply chain of the donated drug or donated administration supplies who acts reasonably and in good faith, in accordance with the provisions of this act, and as otherwise required by law, shall be immune from civil or criminal liability for any injury, death, or loss to a person or property stemming from any act or omission in association with any activity pursuant to this act including but not limited to the donation, acceptance, repackaging, transportation, transfer, or dispensing of an over-the-counter drug or prescription drug that is manufactured or distributed by the drug manufacturer, wholesaler, or other entity and donated pursuant to this act, including any liability resulting from a failure to transfer or communicate product or consumer information or the expiration date of the donated drug.
c. A redistributor who dispenses donated drugs or administration supplies that have been recalled shall be immune from civil or criminal liability for any injury, death or loss suffered by a person who is dispensed those drugs or administration supplies, provided that the redistributor was not notified of the recall by the donor, by another redistributor, or through other means, as provided in subsection f. of section 4 of this act.
L.2017, c.254, s.5.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6M-6 - Construction of act.

24:6M-6 Construction of act.
6. The provisions of this act shall not be construed to restrict the use of drug samples by a health care professional who is licensed to prescribe drugs and devices during the course of the professional's duties at a health care facility or pharmacy.
L.2017, c.254, s.6.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6M-7 - Rules, regulations.

24:6M-7 Rules, regulations.
7. Not later than six months after the date of enactment of this act, the commissioner, in consultation with the board and the Director of the Division of Taxation in the Department of the Treasury, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to effectuate the purposes of this act.
L.2017, c.254, s.7.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6M-8 - Tax credit for donor.

24:6M-8 Tax credit for donor.
8. a. For privilege periods beginning on or after the effective date of P.L.2017, c.254 (C.24:6M-1 et seq.), a taxpayer that is a donor shall be allowed a credit against the tax imposed pursuant to section 5 of P.L.1945, c.162 (C.54:10A-5), in an amount equal to the sum of: the cost to the taxpayer of the over-the-counter drugs, prescription drugs, and administration supplies as determined pursuant to 26 U.S.C. s.170(e)(3)(A); and the verifiable cost to the taxpayer to make the donation of the over-the-counter drugs, prescription drugs, and administration supplies to a redistributor during the taxable year in accordance with a drug donation program established pursuant to the provisions of P.L.2017, c.254 (C.24:6M-1 et seq.), provided that:
(1) the donor paid for, owned, or was responsible for the over-the-counter drugs, prescription drugs, or administration supplies;
(2) the over-the-counter drugs, prescription drugs, or administration supplies were donated to, and accepted by, a redistributor in accordance with the provisions of P.L.2017, c.254 (C.24:6M-1 et seq.); and
(3) the redistributor, which processed the donated drug, complies with all recordkeeping requirements for nonsaleable returns to a returns processor under federal law.
b. The order of priority of the application of the credit allowed pursuant to this section and any other credits allowed by law shall be as prescribed by the director. The amount of the credit applied under this section against the corporation business tax liability of the taxpayer for a privilege period, together with any other credits allowed by law, shall not exceed 50 percent of the tax liability otherwise due and shall not reduce the tax liability to an amount less than the statutory minimum provided in subsection (e) of section 5 of P.L.1945, c.162 (C.54:10A-5). The amount of the credit allowable under this section which cannot be used to reduce the taxpayer's corporation business tax liability for the privilege period due to the limitations of this section may be carried forward and applied to the earliest available use within the 20 privilege periods immediately following the privilege period for which the credit is allowed. The costs of the over-the-counter drugs, prescription drugs, and administration supplies, and the costs to make the donation to a redistributor, that are included in the calculation of the credit allowed pursuant to this section shall not be allowed as an amount calculated or claimed pursuant to any other deduction or credit allowed under the corporation business tax.
c. As used in this section: "donor," "over-the-counter drugs," "prescription drugs," "administration supplies," "redistributor," "returns processor," and "drug donation program" shall mean the same as those terms are defined by section 2 of P.L.2017, c.254 (C.24:6M-2).
L.2017, c.254, s.8.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:6N-1 - Current wholesale acquisition cost information provided quarterly; non-compliance, penalties; definitions.

24:6N-1 Current wholesale acquisition cost information provided quarterly; non-compliance, penalties; definitions.
2. a. For the purposes of the prescription drug pricing disclosure website required pursuant to section 1 of P.L.2019, c.404 (C.45:14-82.1), each pharmaceutical manufacturing company that engages in prescription drug marketing, either directly or through the use of a pharmaceutical marketer, with a New Jersey practitioner as defined in section 2 of P.L.2003, c.280 (C.45:14-41), a practitioner's designee, or any member of a practitioner's staff, shall provide to the Division of Consumer Affairs in the Department of Law and Public Safety, no later than 30 days after the end of each quarter of the calendar year, the current wholesale acquisition cost information for the pharmaceutical drugs or biological products marketed in the State by that company.
b. The provisions of this section shall only apply to prescription drug marketing engaged in by a pharmaceutical manufacturing company and a practitioner, a practitioner's designee, or any member of a practitioner's staff, while physically present in the state of New Jersey.
c. Any pharmaceutical manufacturing company that fails to comply with the requirements of this section shall be liable to a penalty as follows: for the first offense, not less than $200 nor more than $5,000; and, for the second and each succeeding offense, not less than $1,000 nor more than $20,000. The penalties shall be enforced by the Director of Consumer Affairs in the Department of Law and Public Safety in a summary proceeding in accordance with the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
d. For purposes of this section:
"Pharmaceutical marketer" means a person who, while employed by or under contract to represent a pharmaceutical manufacturing company, engages in prescription drug marketing activities.
"Prescription drug marketing" means any activity, including, but not limited to, in-person meetings, physical mailings, telephonic conversations, video conferencing, electronic mail, or facsimile, that provides educational or marketing information or materials regarding a prescription drug.
"Wholesale acquisition cost" means the pharmaceutical manufacturing company's list price for the pharmaceutical drug or biological product to wholesalers or direct purchasers in the United States for the most recent month for which the information is available, as reported in wholesale price guides or other publications of pharmaceutical drug or biological product pricing data, not including prompt pay or other discounts, rebates, or reductions in price.
L.2019, c.404, s.2.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:8-1 - "Caustic acids" and "caustic alkalies" enumerated

24:8-1. "Caustic acids" and "caustic alkalies" enumerated
For the purposes of this chapter, the words "caustic acids" and "caustic alkalies" shall mean each and all of the following acids, alkalies and substances:
a. Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCl) in a concentration of ten per cent or more;
b. Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H !2! SO !4! ) in a concentration of ten per cent or more;
c. Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO !3! ) in a concentration of five per cent or more;
d. Carbolic acid, otherwise known as phenol, and any preparation containing carbolic acid in a concentration of five per cent or more;
e. Oxalic acid and any preparation containing free or chemically unneutralized oxalic acid (H !2! C !2! O !4! ) in a concentration of ten per cent or more;
f. Any salt of oxalic acid and any preparation containing any such salt in a concentration of ten per cent or more;
g. Acetic acid or any preparation containing a free or chemically unneutralized acetic acid (HC !2! H !3! O !2! ) in a concentration of twenty per cent or more;
h. Hypochlorous acid, either free or combined, including calx chlorinata, bleaching powder, chloride of lime, chlorinated soda, and chlorinated potash, and any preparation containing any of such substances so as to yield a concentration of ten per cent or more of available chlorine;
i. Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of ten per cent or more;
j. Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of ten per cent or more;
k. Silver nitrate, sometimes known as lunar caustic, and any preparation containing silver nitrate (AgNO !3! ) in a concentration of five per cent or more;
1. Ammonia water and any preparation containing free or chemically uncombined ammonia (NH !3! ) including ammonium hydroxide and "Hartshorn" in a concentration of five per cent or more; and
m. Any other alkali, acid, salt, or preparation thereof having caustic or corrosive properties equivalent to those of any alkali, acid, salt, or preparation named above.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:8-2 - Labeling containers of caustic acids and alkalies intended for household use

24:8-2. Labeling containers of caustic acids and alkalies intended for household use
No person shall give away, sell, barter, exchange, or offer for sale, at wholesale or retail, any caustic acids or caustic alkalies or preparations containing such acids or alkalies, intended for household use, without affixing to the package or container containing the same, a label printed or plainly written, containing:
a. The name of the article;
b. The name and place of business of the manufacturer, seller, or distributor;
c. The word "Poison" running parallel with the main body of the reading matter on the label, placed on a clear plain background of a distinctly contrasting color, in uncondensed Gothic capital letters, not less than 24-point in size, unless there is on the label no other type as large, in which event the type shall not be smaller than the largest type on the label; and
d. Directions for treatment in case of accidental personal injury from any such acid or alkali, together with the names of two readily obtainable antidotes.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-21 - Definitions

24:9-21. Definitions
As used in this act:
a. "Article" means any food or drink used for man or animals;
b. "Refrigerated warehouse" shall mean any place artificially or mechanically cooled to or below a temperature of forty-five degrees Fahrenheit in which articles, other than fresh unprocessed fruits and vegetables, are placed and held for thirty days or more, except a restaurant, store, home, or eating club utilizing its refrigerated warehouse space exclusively for its own use.
c. "Locker plant" shall mean any refrigerated storage warehouse or the portion thereof which provides separate individual lockers, cabinets, boxes, baskets, or other receptacles, for the storage of food products for home or personal use only and not for purpose of sale.
d. "State department," "department of health" and "department" mean the State Department of Health.
e. "Commissioner" means the State Commissioner of Health who is the chief administrative officer of the State Department of Health.
L.1951, c. 342, p. 1231, s. 1, eff. July 19, 1951.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-22 - Application for license for refrigerated warehouse or locker plant

24:9-22. Application for license for refrigerated warehouse or locker plant
Any person desiring to operate or to continue to operate a refrigerated warehouse or locker plant shall make application in writing to the State department, upon forms supplied by the said State department stating the location of his plant or plants.
Upon such application accompanied by the proper fee, the department shall examine into the sanitary condition of the plant or plants, and if found to be in a sanitary condition and otherwise properly equipped for the business of a refrigerated warehouse or locker plant, the department shall issue a license authorizing the applicant to operate such refrigerated warehouse or locker plant, which license shall expire June thirtieth of each year.
L.1951, c. 342, p. 1232, s. 2.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-23 - License fees; suspension or revocation of license

24:9-23. License fees; suspension or revocation of license
The State department shall collect from each applicant for each license granted under the provisions of this act for each refrigerated warehouse or locker plant the following fees: for each refrigerated warehouse or locker plant with gross refrigerated space not in excess of one hundred thousand cubic feet, $50.00; for each refrigerated warehouse or locker plant with gross refrigerated space in excess of one hundred thousand cubic feet but not in excess of one million cubic feet, $150.00; for each refrigerated warehouse or locker plant with gross refrigerated space in excess of one million cubic feet, $300.00. If a locker plant is operated as part of a refrigerated warehouse and upon the same premises, no additional license shall be required.
Any license issued pursuant to this section may be suspended, or revoked, upon hearing, for any violation of this act or of any rule or regulation of the State department.
L.1951, c. 342, p. 1232, s. 3. Amended by L.1983, c. 275, s. 7, eff. July 18, 1983.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-25 - Notice of insanitary condition of warehouse or locker plant

24:9-25. Notice of insanitary condition of warehouse or locker plant
The department shall notify any licensee when his refrigerated warehouse or locker plant or any part thereof shall be deemed to be in an insanitary condition, and if the licensee fails to put such warehouse or locker plant or the specified part thereof in a sanitary condition within the time designated by the department, it shall prohibit the use of such warehouse or locker plant or part thereof until such time as it may be put in a sanitary condition.
L.1951, c. 342, p. 1233, s. 5.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-26 - Duration of storage period; extension

24:9-26. Duration of storage period; extension
No person or corporation shall keep or permit to remain in any refrigerated warehouse or locker plant any article beyond the time when it is sound and wholesome and fit to remain in storage. If any article is found to be fit for immediate consumption, but unfit for further storage, such article shall at once be removed from storage and not again stored. No article shall be kept or permitted to remain in any refrigerated warehouse for a longer aggregate period than twenty-four calendar months, except by order of the commissioner. Upon evidence satisfactory to him that the article is sound and wholesome and fit for further storage, the commissioner may, in his discretion, grant an extension of the storage period.
L.1951, c. 342, p. 1233, s. 6.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-27 - Disposition and sale of articles in refrigerated warehouse longer than two years without extension

24:9-27. Disposition and sale of articles in refrigerated warehouse longer than two years without extension
In the event that any article is held in a refrigerated warehouse for a period of longer than twenty-four calendar months without extension having been applied for and granted by the commissioner, and neither the operator of the refrigerated warehouse nor the commissioner can locate the owner of the said article, after ten days' notice by registered mail directed to the last known address of such owner, by the officials of the refrigerated warehouse and a copy of the said notice to the commissioner, then and in that event, the commissioner shall have the power to order the disposition and sale of the said article for the purpose of payment of charges for storage or other valid liens against same. If a sale as herein provided is ordered by the commissioner, the proceeds of such sale shall be applied, first, to the payment of any and all charges for storage and service in connection with said property, and second, for any other valid liens against the said property. Any balance then remaining from the proceeds of the sale shall be paid to the owner of the said property, if such owner can be located; and, in the event the owner cannot be located within one year of the date of notification, then any balance shall be paid into the treasury of the State of New Jersey.
In carrying out any order of the commissioner for sale or disposition of any property under the provisions of this section, the owners or operators of the refrigerated warehouse are hereby relieved from any liability to the original owner or any other person or persons for the custody of said property, and from any legal liability under any warehouse receipt issued and outstanding covering the said property.
L.1951, c. 342, p. 1233, s. 7.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-28 - Restorage after release from storage prohibited

24:9-28. Restorage after release from storage prohibited
No article which has once been released from storage in a refrigerated warehouse and placed on the market for sale to consumers, shall again be placed in a refrigerated warehouse.
L.1951, c. 342, p. 1234, s. 8.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-29 - Transfer between refrigerators

24:9-29. Transfer between refrigerators
An article may be transferred from one refrigerated warehouse to another if all prior stamping, marking, and tagging remain thereon, and such transfer is not made for the purpose of evading any provision of this act.
L.1951, c. 342, p. 1234, s. 9.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-31 - Lot numbers for identification

24:9-31. Lot numbers for identification
The refrigerated warehouse licensee shall assign to each lot of food and drink, when received for storage in a refrigerated warehouse, a distinguishing lot number for the purpose of identification, and shall keep an accurate record of such lot number, and shall also make and keep a record of the date of the receipt and of the date of removal of each lot of food and drink.
L.1951, c. 342, p. 1234, s. 11.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-32 - Marking and tagging of articles placed in storage

24:9-32. Marking and tagging of articles placed in storage
No person or corporation shall place, receive or keep in a refrigerated warehouse any article, unless plainly marked or tagged, either upon the container in which it is stored or upon the article itself, with the identification lot number assigned and recorded pursuant to the foregoing section; except that where products are bulk piled, palletized or piled in unit loads, it will be in order to have the outside of the bins in which the bulk is piled or the outside containers of the palletized or unit piled loads properly marked pursuant to the foregoing section.
L.1951, c. 342, p. 1235, s. 12.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-33 - Alteration, mutilation or destruction of tags or marks prohibited

24:9-33. Alteration, mutilation or destruction of tags or marks prohibited
No person shall alter, obliterate, mutilate, destroy, remove or eradicate any stamp, tag, or mark placed upon any package, container, or article to indicate that the article was received for refrigerated storage either from within or from out of State in order to evade any of the provisions of this act.
L.1951, c. 342, p. 1235, s. 13.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-34 - Penalties for violations

24:9-34. Penalties for violations
Any person who shall violate any provision of this act, 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:
a. One hundred dollars ($100.00) for the first offense;
b. Two hundred dollars ($200.00) for the second offense; and
c. Five hundred dollars ($500.00) for the third and each subsequent offense, which 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.
L.1951, c. 342, p. 1235, s. 14.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-35 - Enforcement of provisions

24:9-35. Enforcement of provisions
The local board of health shall enforce the provisions of this act within its jurisdiction.
The State Department of Health and the local board, and any officer or employee thereof shall, in the performance of any duty imposed by this act, at all times have full access to any refrigerated warehouse or locker plant for purposes of inspection and enforcement of the provisions of this act, and may examine and open any package or container which is believed to contain any article in violation of this act.
L.1951, c. 342, p. 1235, s. 15.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:9-36 - Plaintiff entitled to penalties

24:9-36. Plaintiff entitled to penalties
Any penalty recovered in an action brought under the provisions of this act shall be paid to the plaintiff therein. When the plaintiff is the 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.
L.1951, c. 342, p. 1236, s. 16.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.2 - Permit to operate milk plant or as bulk milk hauler; necessity; transferability; expiration

24:10-57.2. Permit to operate milk plant or as bulk milk hauler; necessity; transferability; expiration
No person shall operate a milk plant, as defined herein, from which milk or fluid milk products are shipped, transported or imported for the purpose of distribution, sale or resale in this State, either directly or indirectly, and no person shall operate as a bulk milk hauler distributing or selling milk to such milk plants, unless that person shall have first obtained a permit from the department to engage in such business, in the manner hereinafter set forth.
A permit shall be required for each milk plant or each bulk milk hauler and it shall not be transferable with respect to persons or locations. All such permits shall expire on June 30 in each year unless an earlier date is specified by such permit.
L.1964, c. 62, s. 2.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.3 - Restrictions in permits

24:10-57.3. Restrictions in permits
The department shall, in issuing such permits, restrict each permit either to:
(a) Milk and fluid milk products for fluid or manufacturing purposes, or
(b) Milk and fluid milk products for manufacturing purposes only.
L.1964, c. 62, s. 3.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.4 - Temporary or emergency permits

24:10-57.4. Temporary or emergency permits
The department may issue temporary or emergency permits for limited periods or for limited quantities of milk or a particular fluid milk product and may restrict such permits to a particular area or to a particular milk plant, in order that a sufficient supply of milk or fluid milk products shall always be available for the inhabitants of this State.
L.1964, c. 62, s. 4.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.5 - Annual fee; amounts

24:10-57.5. Annual fee; amounts
The department shall collect from each applicant for a permit under the provisions of this act an annual fee in the following amounts:
(a) From each milk plant or bulk milk hauler receiving milk or fluid milk products from another milk plant or bulk milk hauler or collecting milk from one or more dairy farms but not more than 25 dairy farms, the sum of $50.00.
(b) From each milk plant or bulk milk hauler collecting milk from more than 25 dairy farms, the sum of $100.00.
L.1964, c. 62, s. 5. Amended by L.1983, c. 275, s. 8, eff. July 18, 1983.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.6 - Preliminary findings

24:10-57.6. Preliminary findings
The department before issuing any permit under the provisions of this act shall be satisfied as a result of inspection of the following facts:
(a) That the milk and fluid milk products are of the standard and quality required by, and are produced, handled, processed, and transported in accordance with the rules and regulations established by the department, the State Sanitary Code, and the laws of this State with relation thereto.
(b) That no unapproved milk or fluid milk products are allowed to enter a milk plant from which milk or fluid milk products are distributed, sold or held for sale in this State.
(c) That laboratory and field inspection services satisfactory to the department are utilized by the milk plant or bulk milk hauler as the case may be.
L.1964, c. 62, s. 6.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.7 - Forms; establishment by state department

24:10-57.7. Forms; establishment by state department
The department shall establish such form or forms as in its judgment may be necessary to ascertain the facts that said milk or fluid milk product is of the standard and quality required by and was produced, handled, processed, and transported in accordance with the rules and regulations established by the department, the State Sanitary Code, and laws of this State set forth in this act, and such other forms as may be necessary to the proper administration of this act. Each application shall be made upon forms supplied by the department.
L.1964, c. 62, s. 7.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.8 - Revocation of permit; grounds; renewal; suspension pending hearing

24:10-57.8. Revocation of permit; grounds; renewal; suspension pending hearing
Upon evidence duly ascertained by the department or furnished to the department by any local board of health, that a person or persons authorized under a permit issued hereunder to operate a milk plant or to operate as a bulk milk hauler for the purpose of distributing, selling, or reselling milk and fluid milk products, within this State, is in violation of any of the rules and regulations established by the department, the State Sanitary Code or laws governing the standard quality, production, handling, processing or transportation of milk and fluid milk products, the department may upon hearing and proof of violation, revoke such permit.
No such permit shall be renewed or restored until the department is satisfied that all of the provisions of this act have been complied with.
When, in the judgment of the department, the protection of the public health, safety and welfare so warrants, it may, before hearing, suspend such permit pending the hearing, in which event it shall be unlawful for the person whose permit is thus suspended to engage in collecting, assembling, manufacturing, processing, shipping, transporting, or importing any milk or fluid milk products from that plant, or for use within this State during such period of suspension provided, however, that in the event the department shall so suspend a permit pending a hearing the department shall upon application by the person or persons whose permit has been suspended proceed forthwith to a hearing in order to ascertain the truth of the charges.
L.1964, c. 62, s. 8.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.9 - Maintenance of records; inspection

24:10-57.9. Maintenance of records; inspection
Complete records of receipts and disposition of all milk and fluid milk products handled in milk plants and by bulk milk haulers holding permits issued by the department shall be maintained in each milk plant and in each bulk milk hauler's office or place of business. Such records shall be kept on file for the current 12-month period and shall be open to inspection by the State Department of Health and local health departments charged with the supervision of milk and fluid milk products. All inspection and quality control records of the dairy farms from which farm bulk tank milk originates shall be filed in the manner prescribed by the department.
L.1964, c. 62, s. 9.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.11 - Inconsistent ordinances, rules or regulations

24:10-57.11. Inconsistent ordinances, rules or regulations
Nothing in this act shall be so construed to repeal or abrogate any ordinance, rule or regulation of a local board which is not inconsistent with or contrary to the provisions of section 10 hereof.
L.1964, c. 62, s. 11.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.12 - Notification of violations; prohibition of distribution and sale

24:10-57.12. Notification of violations; prohibition of distribution and sale
The department, whenever it shall ascertain that milk, milk products or fluid milk products are produced for distribution or sale in violation of any of the provisions of this act, shall notify the local board having jurisdiction of the place where such milk, milk products or fluid milk products are distributed or sold, and the local board shall prohibit the distribution or sale of such milk, milk products, or fluid milk products within its jurisdiction until such time as the department notifies the local board that the violation has been corrected.
L.1964, c. 62, s. 12.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.13 - Inspections; authorized inspectors

24:10-57.13. Inspections; authorized inspectors
The inspections provided for in this act may be made by the department or by any local board of health or any agency which the department certifies as qualified to conduct such inspections.
L.1964, c. 62, s. 13. Amended by L.1972, c. 52, s. 2.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.14 - Place of inspection

24:10-57.14. Place of inspection
All milk or fluid milk products and all milk and cream used in said fluid milk products produced within this State, and all milk or fluid milk products and all milk and cream used in said fluid milk products produced outside of this State and intended for use within this State, shall be subject to inspection at its source of supply, and all dairies, milk depots, milk plants and transportation equipment wherein such milk or fluid milk products and all milk and cream used in such fluid milk products are produced, handled, processed, manufactured, stored or transported shall likewise be subject to inspection to determine if it, or they, meet the minimum requirements set forth in this act.
L.1964, c. 62, s. 14.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.15 - Inability of local board to make inspections

24:10-57.15. Inability of local board to make inspections
If a local board within this State is unable for any reason to conduct inspections as provided herein, the local board shall certify by resolution its inability so to do and shall in the resolution detail the reasons for such inability. A certified copy of such resolution shall be forwarded to the department which may investigate said reasons and determine for itself the sufficiency thereof.
Upon being satisfied that the reasons set forth in the local board's resolution are correct, the department shall take over, supersede and have the inspections conducted on behalf of the local board. Whenever a local board desires to start or resume inspections, the local board shall certify by resolution its desire and ability so to do, and a copy of such resolution shall be forwarded to the department.
L.1964, c. 62, s. 15.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.16 - Bacteriological and other tests; methods, techniques, personnel, etc.

24:10-57.16. Bacteriological and other tests; methods, techniques, personnel, etc.
Laboratories which perform bacteriological or other tests associated with milk, milk products or fluid milk products for a health officer or local board of health, shall utilize methods, techniques, qualified personnel and laboratory facilities, all approved by the department.
L.1964, c. 62, s. 16.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.17 - Pasteurization required

24:10-57.17. Pasteurization required
No person shall sell, offer for sale, or distribute to the ultimate consumer any milk or cream that is not pasteurized.
L. 1964, c. 62, s.17; amended 1987, c. 302, s. 2.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.18 - Milk and fluid milk products; pasteurization

24:10-57.18. Milk and fluid milk products; pasteurization
No milk products nor fluid milk products shall be manufactured, shipped, transported, or imported for use or sale within this State unless the milk and fluid milk products used in the manufacture of such food products are pasteurized before or during manufacture into milk products or fluid milk products, provided, however, that this shall not apply to cheese which has been kept for at least 60 days after manufacture at a temperature no lower than 35 degrees Fahrenheit.
L.1964, c. 62, s. 18.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.19 - Enforcement; failure of local board to act; procedure by state department

24:10-57.19. Enforcement; failure of local board to act; procedure by state department
The department shall satisfy itself that the provisions of this act and regulations are enforced throughout this State and shall call to the attention of the local board of health any failure on their part to enforce the provisions of this act, and afford them an opportunity to explain their failure.
If, after a hearing, the department finds that no good reason exists for the failure of the local board of health to enforce the provisions and regulations of this act, it shall issue an order directing them to do so. If the local board of health fails to comply with such order within the time specified, the State department shall itself take such action as may be necessary to perform the act specified in the order.
Any expenditures and the amount of all obligations incurred by the department to perform such act may be recovered in an action at law prosecuted in its name in any court of competent jurisdiction. All sums so recovered shall be paid over into the treasury of the State of New Jersey.
In all legal proceedings, such order of the department shall be prima facie evidence of compliance by the department with the provisions of this act and conclusive evidence of the violation recited in the order.
L.1964, c. 62, s. 19.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.20 - Rules and regulations

24:10-57.20. Rules and regulations
The department is hereby empowered to promulgate such rules and regulations as it may consider necessary in order to insure the public health, safety and welfare and for the enforcement and carrying into effect of any provision of this act including regulation of the following:
(a) Holding times and heating temperatures for pasteurizing milk, milk products and fluid milk products;
(b) repasteurization of milk, milk products and fluid milk products;
(c) handling pasteurized milk, milk products and fluid milk products;
(d) overflow, spilled or leaked milk, milk products and fluid milk products;
(e) time limits for pasteurizing milk and cream;
(f) health and cleanliness of dairy animals;
(g) health and cleanliness of workers handling milk, milk products and fluid milk products;
(h) construction and maintenance of dairy farms and milk plants;
(i) cooling and storage of milk, milk products and fluid milk products;
(j) construction and cleaning of utensils and equipment used for handling and transporting milk, milk products and fluid milk products;
(k) water supplies for dairy farms and milk plants;
(l) toilets and waste disposal at dairy farms and milk plants;
(m) indicating and recording thermometers and temperature records;
(n) smoking and expectorating in milk plants and dairy farms;
(o) bottle caps and containers for milk, milk products and fluid milk products;
(p) chemical and bacteriological quality of milk, milk products and fluid milk products;
(q) protection from contamination of utensils and equipment used in handling or transporting milk, milk products and fluid milk products, and the products contained therein;
(r) the department may promulgate such other rules and regulations as are necessary to enforce the provisions of this act.
L.1964, c. 62, s. 20.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.21 - Sanitary conditions; health and habits of personnel

24:10-57.21. Sanitary conditions; health and habits of personnel
The general sanitary conditions of any dairy farm, milk plant or milk depot and its immediate surroundings, the health of the dairy animals, the health and habits of the personnel employed, and the methods, facilities and equipment used in the production, handling, collection, processing, transporting or storage of milk, milk products and fluid milk products shall be such as to insure a safe supply.
L.1964, c. 62, s. 21.
2023 New Jersey Revised Statutes › Title 24 - Food and Drugs › Section 24:10-57.22 - Use of apparatus, containers, equipment, etc., for other purposes prohibited

24:10-57.22. Use of apparatus, containers, equipment, etc., for other purposes prohibited
Apparatus, containers, equipment and utensils used in the production, handling, collecting, storage, processing or transporting of milk, milk products, fluid milk products or other wholesome beverages acceptable to the department and local boards of health, shall not be used for any other purpose.
L.1964, c. 62, s. 22.