Title 26, HEALTH AND VITAL STATISTICS

26:3-8.1. Secretary to board in certain cities The boards of health of any city in second class counties now or hereafter having a population of not less than one hundred and thirty thousand nor more than one hundred fifty thousand inhabitants, may appoint a secretary to such boa…

26:3-82. Disposition of penalties All penalties recovered in any prosecution for a violation of a health ordinance or code of a local board shall be paid by the local board into the treasury of the municipality within which the local board has jurisdiction.

26:3-83. Terms "municipality" and "board of health" defined The term "municipality," when used in this act, shall mean any township or incorporated municipality in New Jersey. The term "board of health," when used in this act shall mean the board of health in any municipality or …

26:3-84. Formation of association for furnishing public health services Boards of health of 2 or more municipalities are hereby authorized to form an association to furnish such boards with public health services. Any board of health which desires to participate in such an associ…

26:3-85. Composition of commission A regional health commission shall consist of two members from each board of health participating therein except that when more than seven boards of health participate, the commission shall consist of one member, or a designated representative, …

26:3-86 Nature and amount of public health services of each board; report of activities, information. 4. a. A regional health commission shall arrange annually with each board of health participating therein as to the nature and amount of public health services, approved by the C…

26:3-87. Authority of commission; treasurer; bond; disbursement of funds A regional health commission shall have authority to receive funds from any source and expend such funds to furnish public health services to each board of health participating therein. The treasurer of a re…

26:3-88. Health officer, inspectors, nurses, etc.; terms; salaries A regional health commission may employ a health officer, as hereinafter provided, to serve in part or all of the area in which it is rendering service who shall devote his full time to the duties of his office, a…

26:3-89. Restrictions in appointment of employees A regional health commission shall be subject to the same restrictions in the appointment of employees as apply to a local board of health under the provisions of section 26:3-20 of the Revised Statutes. L.1938, c. 67, p. 178, s. …

26:3-9 Composition of local board in townships of 30,000 or less. 26:3-9. a. The local board in every township having a population of not more than 30,000 inhabitants may be composed of the members of the township committee, the township assessor or, if the township has a board o…

26:3-90. Appointment of agents Before any person employed by a regional health commission shall act as an agent of a local board of health in any municipality, he shall be so appointed by such board. L.1938, c. 67, p. 178, s. 8.

26:3-91. Persons already employed by boards of health; control and direction of work Nothing in this act shall be construed to prohibit a board of health participating in a regional health commission from retaining persons already in its employ, but the work of such persons, inso…

26:3-92. Powers, duties and jurisdiction of regional health commission Each regional health commission shall have jurisdiction in matters of public health within the geographic area of the participating municipalities. It shall succeed to all powers and perform all the duties con…

26:3-93. Local board of health ordinances; enforcement The ordinances of each local board of health of each municipality participating in any regional health commission, shall remain in effect within the geographic area of such municipality, until altered or repealed by the regio…

26:3-94. Employees No regional health commission shall appoint any person as health officer, public health laboratory technician, sanitary inspector, veterinary meat inspector or plumbing inspector nor employ a person to do work ordinarily performed by a health officer, public he…

26:3B-10. Violations Any person or private or municipal corporation or their agents violating any of the provisions of this act shall be liable to a penalty for each first offense of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00), and for each second and …

26:3B-11. Enforcement of penalties; jurisdiction; process Every municipal court shall have jurisdiction over proceedings to enforce and collect any penalty imposed because of a violation of any provision of this act, if the violation has occurred within the territorial jurisdicti…

26:3B-12. Commitment for failure to pay judgment The court shall cause a defendant, other than a body corporate, who refuses or neglects to pay forthwith the amount of a judgment rendered against him and the costs and charges incident thereto, to be committed to the county jail f…

26:3B-16. Payment of penalty deemed equivalent to conviction Payment of a penalty for any alleged violation of this act, either before or after the institution of proceedings for the collection thereof, shall be deemed equivalent to a conviction of the violation for which such pe…

26:3B-17. To whom penalty shall be paid 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 Department of Health of the State of New Jersey or the director of health of the State of New Jers…

26:3B-2. Disposal of human excrement No person, corporation or municipality shall maintain, use or permit to be used any privy, privy vault, cesspool, septic tank, title disposal field or other means of disposal of human excrement which allows flies to gain access to the excremen…

26:3B-3. Deposit of human excrement causing pollution of water supply forbidden No person, corporation or municipality shall deposit or permit to be deposited or to remain on the surface of the ground any human excrement or material containing human excrement or dispose of or pla…

26:3B-5. Accumulation of materials in which fly larvae exist No person, corporation or municipality knowingly shall maintain or permit to be maintained any accumulation of animal or vegetable matter in which fly larvae exist. L.1945, c. 192, p. 654, s. 5.

26:3B-6. Maintaining pools, cisterns, ditches, etc. in which mosquitoes breed No person, corporation or municipality knowingly shall maintain or permit to be maintained any pool, ditch, stream, or other body of water, or any cistern, privy vault, cesspool or other receptacle, con…

26:3B-7. Accumulation of filth or source of foulness hazardous to health No person, corporation or municipality knowingly shall maintain or permit to be maintained any accumulation of filth or source of foulness which is hazardous to the health or comfort of any of the inhabitant…

26:3B-8. Effluents from sewage treatment plants or industrial waste treatment plants The provisions of sections two, three and four of this act shall not apply to the effluents from sewage treatment plants, or industrial waste treatment plants heretofore or hereafter installed in…

26:3B-9. Authority of local boards of health or other bodies not limited hereby; interstate carriers Nothing in this act shall be construed to prohibit or limit the authority otherwise granted by statute to any local board of health or other body to regulate or control objects or…

26:3D-55 Short title. 1. This act shall be known and may be cited as the "New Jersey Smoke-Free Air Act." L.2005,c.383,s.1.

26:3D-56 Findings, declarations relative to smoking, use of electronic smoking devices in certain public places, workplaces. 2. The Legislature finds and declares that: a. Tobacco is the leading cause of preventable disease and death in the State and the nation; b. Tobacco smoke …

26:3D-57 Definitions relative to smoking, use of electronic smoking devices in certain public places, workplaces. 3. As used in this act: "Bar" means a business establishment or any portion of a nonprofit entity, which is devoted to the selling and serving of alcoholic beverages …

26:3D-58 Smoking prohibited in certain public places, workplaces. 4. a. Smoking is prohibited at the following locations: an indoor public place, a workplace, a public park or beach, and the outdoor passenger pick-up and drop-off area of an airport that is not owned or operated b…

26:3D-58.1 State psychiatric hospital, other facilities, prohibition of smoking, certain conditions. 1. a. A State psychiatric hospital may prohibit smoking on its grounds, if it offers a smoking cessation program for both employees, and residents and patients, as applicable. b. …

26:3D-58.2 Rules, regulations. 2. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Human Services shall adopt rules and regulations to effectuate the purposes of this act. L.2008, c.7, s.2.

26:3D-59 Exceptions. 5. The provisions of this act shall not apply to: a. any cigar bar or cigar lounge that, in the calendar year ending December 31, 2004, generated 15 percent or more of its total annual gross income from the on-site sale of tobacco products and the rental of o…

26:3D-60 Hotel, motel, lodging establishment, smoking permitted, certain areas. 6. a. The person having control of a hotel, motel or other lodging establishment may permit smoking in up to 20% of its guest rooms. b. Nothing in this section shall be construed to require a hotel, m…

26:3D-61 Signage, requirements. 7. a. The person having control of an indoor public place or workplace shall place in every public entrance to the indoor public place or workplace a sign, which shall be located so as to be clearly visible to the public and shall contain letters o…

26:3D-61.1 Prohibitions, penalties for smoking in certain outdoor public places. 5. The Department of Environmental Protection, a municipality, or a county in this State having jurisdiction over a public park or beach on which smoking is prohibited pursuant to this act, P.L.2018,…

26:3D-62 Violations, fines, penalties; enforcement. 8. a. The person having control of an indoor public place or workplace shall order any person smoking in violation of this act to comply with the provisions of this act. A person, after being so ordered, who smokes in violation …

26:3D-63 Supersedure of other laws, etc. 9. The provisions of this act shall supersede any other statute, municipal ordinance and rule or regulation adopted pursuant to law concerning smoking in an indoor public place or workplace or at a public park or beach, except where smokin…

26:3D-64 Rules, regulations. 10. The Commissioner of Health, 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 this act. L.2005, c.383, s.10; amended 2012, c.17, s.332.

26:3D-65 Civil penalty for smoking in unauthorized public place. 1. a. A person who smokes or carries lighted tobacco in any public place, including, but not limited to, places of public accommodation, where that activity is prohibited by municipal ordinance under authority of R.…

26:3D-66 Use of smokeless tobacco prohibited in public schools. 1. a. The use of smokeless tobacco is prohibited in any area of any building of, or on the grounds of, any public school. As used in this section, "use of smokeless tobacco" means the inhalation, chewing, or placemen…

26:3E-1. "Restaurant" defined As used in this act "restaurant" means any facility or part thereof in which food is prepared and provided or served for consumption on the premises but shall not include mobile food establishments or any temporary food establishment which operates a…

26:3E-14 Fact sheet distributed to restaurants relative to food allergies, posting of signs; definitions. 1. a. The Commissioner of Health, in consultation with the New Jersey Restaurant and Hospitality Association, shall prepare a fact sheet, to be directed to restaurant manager…

26:3E-15 "Ask Before You Eat" public information campaign. 2. The Commissioner of Health shall conduct, within the limits of monies appropriated pursuant to this act, a public information campaign regarding food allergies, to be known as "Ask Before You Eat." The public informati…

26:3E-16 Findings, declarations relative to provision of calorie information by certain chain restaurants. 1. The Legislature finds and declares that: a. Research continues to demonstrate that there is a strong link between diet and health; in 2004, an estimated 65% of adults in …