Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:12-13. Posting schedule of prices The secretary may require a proprietor of a milk gathering station to post in a conspicuous place therein a schedule of the prices being paid for milk or cream, including the premiums paid or deductions made, if any, for milk or cream containin…

4:12-14. Investigation of record of applicant or licensee The secretary and any of his assistants may investigate, upon the complaint of any interested person, or of the secretary's own motion, the record of any applicant for or holder of a license, or any transaction involving t…

4:12-15. Hearing by secretary on complaint after notice When a complaint mentioned in section 4:12-14 of this title is filed with the secretary, he shall attempt to secure an explanation or adjustment, and, failing this within ten days, he shall cause a copy of the complaint, tog…

4:12-16. Application for investigation by either party to transaction If either party to the transaction of purchase and sale of milk between a milk producer or a milk seller and a licensed buyer of milk shall be dissatisfied relative to the transaction, he may apply to the secre…

4:12-17. Grounds for refusal or revocation of license The secretary may decline to grant or may revoke a license when he is satisfied of the existence of the following causes or any one of them: a. Where a money judgment has been secured by any milk producer and has been entered …

4:12-18. Review by court of refusal or revocation of license The action of the secretary in refusing to grant or in revoking a license shall be subject to review by the Superior Court in a proceeding in lieu of prerogative writ. If a proceeding is begun to review the revocation o…

4:12-19. Penalty for conducting business without license A person who shall conduct the business of buying milk or cream for the purposes set forth in section 4:12-2 of this Title, without being licensed so to do, shall be liable to a penalty of twenty-five dollars ($25.00) for t…

4:12-19.1. Request for statement relieving dealer, indemnitor or surety of responsibility forbidden It shall be unlawful for any person to request a producer to sign any statement, affidavit, assignment, or waiver of any kind which has for its purpose or intent to relieve to any …

4:12-2. Licensing of dealers who buy for shipment, sale, resale or manufacture No person, unless exempted by the secretary as provided in this section, shall engage in or carry on the business of buying milk or cream in this state for shipment, sale, resale or manufacture, unless…

4:12-3. Application for license A person before engaging in the business of buying milk or cream for the purposes specified in section 4:12-2 of this Title shall, annually on or before June first, file an application and ten dollars ($10.00) license fee with the secretary for a l…

4:12-4 Bond or deposit for protection of creditors. 4:12-4. A license shall not be issued unless and until the applicant shall file with the secretary a good and sufficient surety bond, executed by a surety company duly authorized to transact business in this State, in a sum not …

4:12-41.1. Definitions The following words when used in this act, unless the context otherwise requires, shall have the following meanings: (a) "Director" --The Director of the New Jersey Agricultural Experiment Station or his authorized representative. (b) "Person" --Any individ…

4:12-41.10. Treatment of sample forbidden No sample of milk or cream taken for butter fat testing shall be treated in any way so as to cause it to test higher or lower than the original milk or cream from which it was taken. L.1943, c. 100, p. 329, s. 10.

4:12-41.11. Underreading, overreading or manipulating test; falsifying records No person, nor any employee of such person, shall underread, overread or in any way manipulate any approved butter fat test so that other than the true butter fat percentage is obtained; and it shall a…

4:12-41.12. Underreading, overreading or manipulating weighing or measuring device; falsifying records No person, nor any employee of such person, shall underread, overread or in any way manipulate any weighing or measuring device so that other than the true weight or measure of …

4:12-41.13. Correct weights, measures and tests required; revocation of licenses for tampering No person purchasing milk or cream on the basis of its butter fat content shall use any weight, measure or butter fat test thereof other than the correct weight, measure, or butter fat …

4:12-41.14. Entering premises for inspection; examination of books and records The director, or any of his employees, agents or representatives shall have the authority at all reasonable hours to enter and inspect the premises of any person purchasing milk and cream and paying fo…

4:12-41.15. Rules and regulations The director is hereby empowered to promulgate such rules and regulations not inconsistent with the provisions of this act as he may deem necessary for its enforcement. L.1943, c. 100, p. 330, s. 15.

4:12-41.16. Duplicate statement requirements and provisions of section 4:12-41.9 suspended during world war In view of the critical shortage of materials resulting from the present world war, the operation of the provision of section five relating to the furnishing of duplicate d…

4:12-41.17. Hindering or molesting director or representatives prohibited No person shall in any way or manner hinder or molest the director or any of his employees, agents or representatives in the performance of his or their duties under a penalty of not less than one hundred d…

4:12-41.18. Revocation or suspension of licenses The director may revoke or suspend any license or permit issued to any person under the provisions of this act, after a hearing, upon at least five days written notice, stating the grounds for the revocation or suspension, which ma…

4:12-41.19. Violations of act Any employee of any person buying milk or cream on the basis of the amount of butter fat contained therein, or any person testing milk or cream for percentage of butter fat violating any of the provisions of this act, upon conviction thereof shall be…

4:12-41.2. Testing equipment; methods; approval No person, nor any employee of such person, shall use in the determination of the butter fat content of milk or cream any test glassware, or centrifuges except such as conform to the requirements of the United States Bureau of Stand…

4:12-41.20. Procedure to recover penalty; actions; jurisdiction The procedure for the recovery of any penalty incurred under the provision of this act shall be the same as the procedure specified in article one of chapter twenty-three of this Title and section 4:23-17 of the Revi…

4:12-41.21. Partial invalidity Should any section, paragraph, clause or sentence of this act be declared unconstitutional or invalid, for any reason, the remainder of the said act shall not be thereby affected. L.1943, c. 100, p. 331, s. 21.

4:12-41.22. Fiscal period for permits and licenses All permits and licenses required to be issued by this act shall be issued for a fiscal period ending June thirtieth of each year. L.1943, c. 100, p. 332, s. 22.

4:12-41.23. Repeal Article two of chapter twelve of Title 4 of the Revised Statutes is repealed. L.1943, c. 100, p. 332, s. 23.

4:12-41.24. Effective date This act shall become effective July first, one thousand nine hundred and forty-three. L.1943, c. 100, p. 332, s. 24.

4:12-41.25. Powers and duties of director of New Jersey Agricultural Experiment Station transferred to Department of Agriculture The functions, powers and duties charged to the director of the New Jersey Agricultural Experiment Station by "An act concerning the purchasing, buying…

4:12-41.26. Effective date This act shall take effect January first, one thousand nine hundred and forty-nine. L.1948, c. 458, p. 1883, s. 2.

4:12-41.3. Permit to buy on butter fat basis Every person receiving or buying milk or cream on the basis of the butter fat content therein shall be required to hold a permit to purchase the same. Application for such permit shall be made to the director on a form prescribed and f…

4:12-41.4. License to make butter fat test No person nor any employee of any person shall make a butter fat test unless he shall first have procured a license from the director authorizing him to make such test. Application for such license shall be made to the director on a form…

4:12-41.5. Persons taking sample, approval of; record; duplicate statements and records No sample of milk or cream taken for the purpose of making a butter fat test, and no weight or measure of milk or cream to be used as a basis of payment under the provisions of this act shall …

4:12-41.6. Inspection sample, taking and retaining; inspection of sample Any person purchasing milk or cream and paying for the same on the basis of the percentage of butter fat therein shall take and retain on his premises a representative part of each lot of milk purchased. The…

4:12-41.7. Permission to use fresh samples as basis of payment; taking and testing fresh samples; preservation Any person licensed under this act to purchase milk on a butter fat basis may make joint application with the producers from whom the milk is purchased for permission to…

4:12-41.8. Place of butter fat tests All samples of milk or cream that are taken for the purpose of determining the per centum of butter fat to be used as a basis of payment for milk or cream purchased shall at all times remain on the premises where taken, except that a sufficien…

4:12-41.9. Type of weigh tank or container; manner of agitating No person receiving or purchasing milk or cream on the basis of its butter fat content shall use a weigh tank or container from which the butter fat sample is taken, that has any partition, division or strainer which…

4:12-42. Deductions by milk dealers and milk companies authorized; statement; retention of bookkeeping costs Where milk producers have joined a duly incorporated milk producers' association in this state and written request has been made by the individual milk producer to the mil…

4:12-43. Failure to make deductions or forward sum deducted Any milk dealer or milk company which neglects to make deductions when authorized in writing by each individual milk producer to make specified deductions, or any milk dealer or milk company who neglects for a period of …

4:12-44. Penalty for violation of article Any milk dealer or milk company violating any provisions of this article shall be liable to a penalty of two hundred dollars ($200.00) for the first offense, and for the second, or any subsequent offense, a penalty of not less than three …

4:12-5. Issuance of license The secretary shall, upon the compliance with sections 4:12-2 to 4:12-4 of this Title, issue to the applicant a license entitling him to conduct the business of buying milk and cream from producers for the purposes specified in section 4:12-2 of this T…

4:12-6. Posting copy of license Every licensee who carries on or conducts business under his license shall post a copy of the license to be furnished by the secretary, in a conspicuous place in or at his place of business, and shall keep it so posted and exposed for inspection by…

4:12-7. Filing of claims by creditors upon default by licensee Upon default by the licensee in the payment of any money due for the purchase of milk or cream from producers of this state, which payment is secured by a bond or a deposit of money or securities as provided in sectio…

4:12-8. Proceedings by secretary to determine amount due each creditor The secretary shall audit claims properly filed and determine the amounts due all such creditors. After the expiration of ninety days from the termination of a license period or sooner if it appears practicabl…

4:12-9. Claims to which bonds, moneys or securities applicable Every bond given and all moneys or securities deposited pursuant to the provisions of this article shall be applicable to the payment of all claims arising during the license period for which such bond was filed, or m…