Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:12A-13. Rules of evidence and procedure; proceedings of director The hearings before and the proceedings of the director shall be conducted in accordance with such rules of evidence and procedure as the director may from time to time prescribe. L.1941, c. 274, p. 719, s. 13.

4:12A-14. Subpoenas; issuance by director The director shall have the power to issue subpoenas to compel the attendance of witnesses and the production of books, papers and records for the purpose of obtaining such information as may be required to carry out the provisions of thi…

4:12A-15. Oaths; power of director to administer The director or any person authorized by law is hereby authorized to administer oaths to all such witnesses as may appear or be brought before said director. L.1941, c. 274, p. 720, s. 15.

4:12A-16. Refusal to obey subpoena or testify; contempt In case any person so summoned by subpoena issued by said director, shall refuse to obey such subpoena or any directions therein, or to give testimony, or to answer questions as required, or to produce any books, papers, doc…

4:12A-17. Incriminating testimony; immunity No person shall be excused from testifying or producing any book, paper, document or record when subpoenaed as aforesaid upon the ground that the testimony or documentary evidence required of him may incriminate him or subject him to an…

4:12A-18. 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 in civil actions in the Superior Court; and any person attending in pursuance of such subpoena sh…

4:12A-19. Investigations; powers of director The director shall have power to investigate all matters pertaining to the production, distribution, importation, storage, disposal, classification, sale or resale, conditions and terms of sale or resale, costs of production, distribut…

4:12A-2. Milk Control Board; established; first members; term of office There is hereby established a board to be known as the "Milk Control Board" which shall consist of three members who shall be citizens of this State. The first members of the board shall be the following pers…

4:12A-20. Rules, regulations and orders of director; promulgation; enforcement; service The director may adopt, promulgate and enforce all rules, regulations and orders necessary to carry out the provisions of this act. An order applying only to a person named therein shall be se…

4:12A-21. Powers of director enumerated The director may fix the price at which milk is to be bought, sold, or distributed; regulate conditions and terms of sale; establish and require observance of fair trade practices; supervise, regulate and control the entire milk industry of…

4:12A-22. Minimum prices; power of director to fix The director may ascertain, determine and may fix or refix by investigation and proof, as the emergency permits, the minimum prices to be paid to the producer, the minimum prices to be charged by milk dealers to other milk dealer…

4:12A-22.1. Minimum prices; limits on power of director to fix The provisions of sections 21 and 22 of the act to which this act is a supplement notwithstanding, the director's power to fix or refix minimum prices to be charged the consumer for milk shall be subject to the follow…

4:12A-22.2. Prices dependent on size or type of container Nothing contained herein shall preclude the director from establishing cost-justified lower minimum margins or differentials with respect to any particular size or type of container. L.1976, c. 105, s. 2, eff. Oct. 18, 197…

4:12A-23. Notice of hearing; order fixing prices; when effective Before fixing or refixing any price, the director shall give a notice by public advertisement inserted in at least three daily newspapers of this State that he is considering the fixing or refixing of such price and…

4:12A-24. Mediation of controversies The director or the board may act as mediator and arbitrator in any controversy or issue that may arise among or between producers, milk dealers, processors, stores, subdealers and consumers as between themselves or that may arise between them…

4:12A-25. Agreements with other agencies For the furtherance of the objects stated in this act the director shall have authority to enter into agreements with State county and municipal agencies and with other States and the Federal Government. L.1941, c. 274, p. 723, s. 25.

4:12A-26. Sales; rules and regulations To effectuate the orderly sale and distribution of milk between dealers, processors, subdealers and stores, and carry out the provisions of this act, the director is hereby empowered to promulgate and enforce conditions, terms and credit reg…

4:12A-27. Inspection of premises; books and records; right of entry The director or an employee designated by him for such purpose shall have access to and may enter at all reasonable hours all places where milk is being stored, bottled or manufactured into food products. The des…

4:12A-28. Licenses; dealers; processors; subdealers; stores No milk dealer, processor, subdealer or store, as defined in this act, shall buy milk from producers or others for sale, disposal, importation, transportation, storage or manufacture, or sell, transport, import, dispose …

4:12A-29. Milk purchased for less than minimum price; prohibition against sale and distribution No milk dealer, processor, subdealer or store shall distribute, sell or handle milk in this State which is obtained from any producer, other milk dealer, processor, subdealer or store …

4:12A-3. Per diem and expenses The members of the board shall each receive a per diem of twenty dollars ($20.00), while in actual attendance at board meetings or in the performance of official duties, but not in excess of one thousand two hundred dollars ($1,200.00) in any one ye…

4:12A-30. Secret agreement for price reduction prohibited; exception No licensee or other person, association or corporation shall hereafter contrary to the public interest operate in any municipality under any mutual or secret agreement, arrangement, combination, contract or com…

4:12A-31. Blending proceeds of sales It is the intent of the Legislature that no provisions of this act shall prevent a producer co-operative association or producer co-operative corporation approved by the director, which sells the milk of or for its members or of persons who ar…

4:12A-32. Application for license; form; prerequisites The application for license shall be made on a form prepared by the director. The director may require an applicant for a license to show that he has secured all other State licenses and such other permits or licenses as may …

4:12A-33. Application for license, time for making; contents; display of license An application for a license to operate as a milk dealer or store shall be made before any person shall commence business as a milk dealer or store, and annually thereafter. Every person holding a li…

4:12A-34. Refusal or suspension or revocation of license; notice of hearing Before declining to grant a license or conditioning or limiting a license, or suspending or revoking a license previously granted, the director shall give notice to the applicant or licensee personally, o…

4:12A-35. Refusal or suspension or revocation of license; grounds The director after hearing duly held in accordance with the provisions of this act, may decline to grant a license or may issue a license conditionally, or may suspend or revoke a license already granted when satis…

4:12A-36. Fees Every person required by this act to be licensed shall pay a yearly license fee as follows: Store--each and every store selling milk shall pay a license fee based on average volume of milk sold during the previous two months as follows: tores selling 500 quart equi…

4:12A-37. Records The director may require the licensees to keep the following records: (1) A record of all milk received, detailed as to location, and as to names and addresses of suppliers, with butter fat test, prices paid, deduction or charges made. (2) A record of all milk s…

4:12A-38. Reports of licensee Each licensee shall, from time to time, as required by the rule or order of the director, make and file a verified report on forms prescribed by the director, of all matters on account of which a record is required to be kept, together with such othe…

4:12A-39. Violations of act; penalty; seizure and sale Any person who shall violate any of the provisions of this act or the orders, rules and regulations of the director as adopted from time to time shall be deemed guilty of a violation of the provisions of this act and shall pa…

4:12A-4. Director; deputy; counsel; clerical and other assistants The board shall appoint a director of milk control for a term of five years, who shall be paid such salary as shall be fixed by the board, not exceeding, however, the sum of ten thousand dollars ($10,000.00) per an…

4:12A-40. Release of milk or proceeds of sale The director or court may in his or its discretion release the milk as herein defined, or the funds derived from the sale of such milk, when the orders of the court and the requirements of this act and the orders, rules and regulation…

4:12A-41. Jurisdiction; enforcement 41. The Superior Court shall have jurisdiction of actions for penalties under this act and such penalties shall be collected and enforced in a summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). If judgment be rend…

4:12A-43. Informal hearings on violations; adjustments Upon receiving evidence of a violation of any of the provisions of this act or of any of the rules, regulations or orders of the director, any employee designated by the director is hereby empowered to hold informal hearings …

4:12A-44. Actions to restrain violations Any habitual violation of the act or of any of the orders or rules or regulations made pursuant to the act may be restrained by the Superior Court in an action brought for such purpose by the Attorney-General on behalf of the director. L.1…

4:12A-45. Disposition of license fees, penalties, fines and costs All funds derived from fees for licenses issued hereunder are hereby appropriated to pay the expenses of the operation of the department, and the proceeds of adjustments of penalties collected by the director and t…

4:12A-46. Continuation of former laws; pending suits continued It is the intent of the Legislature that this act is a continuation of the State Milk Control Law, chapter one hundred sixty-nine, pamphlet laws of one thousand nine hundred and thirty-three; chapter one hundred seven…

4:12A-47. Licenses issued under prior laws continued Licenses issued by the milk control board under chapter eighty-two of the pamphlet laws of one thousand nine hundred and thirty-nine shall continue in full force and effect until July thirty-first, one thousand nine hundred and…

4:12A-48. 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 director shall not be impaired or qualified by the granting to the board, the secretary, the director or an emplo…

4:12A-49. Declaration of legislative intent; action to restrain unlawful acts It is the intent of the Legislature that the instant, whenever that may be, that the handling within the State, by a milk dealer, of milk produced outside of the State, becomes a subject of regulation b…

4:12A-5. Chairman and recording secretary of board; quorum; meetings; seal The board shall choose a chairman from its own members and recording secretary, who may be a member of the director's staff. The board shall fix the compensation, if any, which is to be paid to the recordi…

4:12A-50. Foreign or interstate commerce No provisions of this act shall apply or be construed to apply to foreign or interstate commerce, except in so far as the same may be effective pursuant to the United States Constitution and to the laws of the United States enacted pursuan…

4:12A-51. Partial invalidity The sections and parts of sections included in this act are hereby declared to be independent sections and parts of sections; if any such section or part of section shall be held invalid, such holding shall not affect the remainder of this act, nor th…

4:12A-52. Expiration date This act shall be effective until such date as the Legislature shall determine an emergency no longer exists and the exercise of the police power of the State is no longer necessary and shall terminate its operation. L.1941, c. 274, p. 739, s. 52.

4:12A-53. "Distributor" defined As used in this act, the word "distributor" shall mean any person, partnership, company, association, firm or corporation licensed as a store, milk dealer, processor or subdealer by the Director of Milk Control to sell milk in New Jersey. L.1942, c…