Title 24, Title 24: FOOD AND DRUGS

24:1-4. Foods, drugs, etc., complying with Federal regulations No food, drug, device, or cosmetic, which is established to the satisfaction of the State Department to be subject to, and to comply with, regulations promulgated under the Federal Act shall be deemed to be in violati…

24:2-1. Enforcement by state departments; rules and regulations The State department shall execute and enforce the provisions of this subtitle and make and publish all necessary rules and regulations providing for enforcement and carrying into effect of any provision of this subt…

24:2-2. Enforcement by local board The local board of health shall enforce the provisions of this subtitle within its jurisdiction.

24:2-3 Appointment of analysts, chemists, specialists, chief inspectors, etc. 24:2-3. The State board may appoint such analysts, chemists, specialists, chief inspectors and other inspectors and employees as may be authorized by law, and the persons thus appointed shall perform su…

24:2-4 Designation of registered environmental health specialists to perform certain duties. 24:2-4. The local board of health may designate from among its registered environmental health specialists one or more registered environmental health specialists who shall perform the du…

24:2-5 Powers, duties of registered environmental health specialist. 24:2-5. The registered environmental health specialist designated under R.S.24:2-4 shall have, within the jurisdiction of the local board appointing him, all the power and authority given a specialist appointed …

24:2-6. Interference with officials; penalties No person shall obstruct or interfere with the State department or the local board, or any officer or employee thereof, in the performance of any duty imposed by this subtitle. Any person who shall violate the provisions of this sect…

24:2-7. Consolidated certificate of operation; multiple regulated businesses owned operated upon same premises; suspension or revocation Any person who owns or operates upon the same premises more than one business which is regulated pursuant to Title 24 (Food and Drugs) of the R…

24:2-8. Fee The commissioner shall establish a fee for the issuance of such certificate which shall not exceed the combined cost of the individual licenses which would otherwise be required for the operation of each of the businesses. L.1978, c. 161, s. 2.

24:2-9 Fees for issuance of "Certificate of Free Sale." 9. The Department of Health may, pursuant to regulation adopted in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establish and charge reasonable fees not to exceed $100 to cover ad…

24:3-1. Right of entry; opening packages; inspection The State department and the local board, and any officer or employee thereof, in the performance of any duty imposed by this subtitle, shall have full access to any premises or place, container or conveyance used in the produc…

24:3-2. Procuring sample of food or drug Every person who shall distribute or sell, or offer for distribution or sale, or have in his possession with intent to distribute or sell, any food, drug, cosmetic or device, shall, on request and tender of the value by the State Departmen…

24:3-3. Taking sample without consent of owner If such request is not immediately complied with, the department may demand and take so much of the food, drug, cosmetic or device as it may think necessary, tendering to the person in charge what it deems to be the reasonable value.…

24:3-4. Preservation of sample At the time of the delivery or taking of the sample excepting in the case where the article is a device, it shall be divided in the presence of the person of whom the request or demand was made, or before a witness, into two or more parts and each p…

24:3-5. Proof of analysis as evidence In a prosecution for the violation of any provision of this subtitle no proof of an analysis shall be given in evidence by the prosecutor unless the sample shall have been sealed up and tendered as provided in section 24:3-4 of this title, ex…

24:3-6. Proof of analysis on purchase by other than representative of department In any prosecution for the sale of food, drug or cosmetic in violation of any provision of this subtitle, proof of the analysis of the article so sold may be given in evidence on the part of the pros…

24:3-9. Composite sample of milk seized in transit When the department shall seize or take for inspection any milk in transit from a dairy to a receiving station or creamery, it shall proceed with the same to such place and cause all of the milk so seized to be poured in one vess…

24:4-1. Confiscation; summary proceeding Any food, drug, cosmetic or device, if not in transit from one State to another, that is offered or exposed for sale, or had in possession with intent to distribute or sell or is intended for distribution or sale in violation of any provis…

24:4-10. Return of goods; bond In case the article seized is not injurious to health and is of such a character that when properly marked or branded its sale is not prohibited by this subtitle, the court may order such article delivered to the owner upon the payment of the costs …

24:4-11. Summary destruction of perishable food The state department or the local board shall condemn any food of a perishable nature and cause it to be destroyed or disposed of in such a manner as to make it impossible to be thereafter used for human food, whenever found: a. Exp…

24:4-12. Adulterated or misbranded foods, drugs, etc.; marking; detaining Whenever an agent of the State Department or of a local board of health finds, or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated or so misbranded as to be dangerous o…

24:4-2. Jurisdiction 24:4-2. The Superior Court or municipal court having jurisdiction in the municipality, as the case may be, in which such food, drug, cosmetic or device is found shall have jurisdiction to hear and determine such proceeding. Amended 1939, c.320,s.11; 1953,c.24…

24:4-5. Issuance of warrant. 24:4-5. Upon the filing of a verified complaint the court may issue a warrant directed to the sheriff of the county or other peace officer, commanding such officer to seize and take in his possession the article described in the complaint, and bring t…

24:4-8. Claims under oath Any person who appears and claims the food, drug, cosmetic or device seized under the warrant shall be required to file a claim under oath. Amended by L.1939, c. 320, p. 773, s. 12, eff. Jan. 1, 1940.

24:4-9. Sale or destruction of condemned article If upon the hearing it shall appear that the article was offered or exposed for sale, or had in possession with intent to distribute or sell, or was intended for distribution or sale in violation of any provision of this subtitle, …

24:4A-1. Short title This act shall be known and may be cited as the "Food Bank Good Samaritan Act." L.1982, c. 178, s. 1.

24:4A-10. "Healthy Small Food Retailer Fund" established 5. a. There is established in the Department of Health the "Healthy Small Food Retailer Fund," to support the "Healthy Corner Store Program" created pursuant to section 4 of this act. All monies received in the fund shall b…

24:4A-11. Grantee report 6. a. Each grantee shall submit a report to the department, on or before March 1 of each year, which includes information concerning the overall geographic distribution of the funding, the amount of funding allocated to each small food retailer, the healt…

24:4A-12. "Jersey Fresh" website expansion 7. The Department of Agriculture shall expand the "Jersey Fresh" website to provide opportunities for the establishment of purchasing networks between farmers, distributors, grantees, and small food retailers participating in the "Health…

24:4A-13. Rules, regulations 8. The department may adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to implement this act. L.2019, c.15, s.8.

24:4A-2 Definitions. 2. As used in this act: "Donate" means to provide food free of charge or for a fee sufficient only to cover the cost of storing, transporting, or otherwise handling the food. "Donor" includes, but is not limited to, any farmer, processor, distributor, or whol…

24:4A-3 Nonliability for food donated. 3. a. Any donor of prepared or perishable food or any gleaner of agricultural food, which food appears to be fit for human consumption at the time it is donated to a nonprofit organization or any other person, shall not be liable for damages…

24:4A-3.1 Immunity from liability. 3. A nonprofit organization that organizes or hosts volunteers on agricultural land for the purpose of collecting or gleaning agricultural food from the land for ultimate distribution to needy individuals shall not be liable for damages in any c…

24:4A-4. Food banks; licenses; fee; regulation a. Any nonprofit organization known as a food bank which receives and distributes prepared or perishable food in accordance with this act shall obtain a license from the Department of Health to distribute such food. The fee for licen…

24:4A-4.1 Online portal to facilitate surplus food donations. 1. a. (1) The Department of Human Services, in consultation with the Department of Agriculture and the Department of Health, shall create, maintain, and update, as appropriate, an online portal, in the form of an Inter…

24:4A-4.2 Initiatives related to operation of food banks, promotion. 6. The Department of Health may promote initiatives for the establishment and proper operation of food banks, licensed pursuant to section 4 of P.L.1982, c.178 (C.24:4A-4), and soup kitchens for the purpose of e…

24:4A-5. Rules and regulations The Department of Health shall promulgate rules and regulations necessary to carry out the purposes of this act. L.1982, c. 178, s. 5.

24:4A-6. "Healthy Small Food Retailer Act" 1. This act shall be known and may be cited as the "Healthy Small Food Retailer Act." L.2019, c.15, s.1.

24:4A-7 Findings and declarations relative to small food retailers 2. The Legislature finds and declares: a. Overweight children and adults are at greater risk for numerous adverse health consequences, including type 2 diabetes, heart disease, stroke, high blood pressure, high ch…

24:4A-8. Definitions relative to small food retailers 3. As used in this act: "Department" means the Department of Health. "Fund" means the "Healthy Small Food Retailer Fund" established pursuant to section 5 of this act. "Healthy Corner Store Program" means the program establish…

24:4A-9, Implementation of "Healthy Corner Store Program" 4. a. The department shall develop and implement a "Healthy Corner Store Program" to increase the availability and sales of fresh produce and nutritious, healthy food by small food retailers in rural and urban low income a…

24:5-1. Sale, distribution or manufacture of adulterated or misbranded articles No person shall distribute or sell, or manufacture for distribution or sale, or have in his possession with intent to distribute or sell, any food, drug, cosmetic or device which under any of the prov…

24:5-10. General drug or device adulterations For the purposes of this subtitle a drug or device shall be deemed adulterated: a. (1) If it consists in whole or in part of any filthy, putrid, or decomposed substance; or (2) if it has been prepared, packed, or held under insanitary…

24:5-11. Exceptions to drug adulterations No drug defined in an official compendium shall be deemed to be adulterated under section 24:5-10 because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, q…

24:5-11.1. General cosmetic adulterations For the purpose of this subtitle a cosmetic shall be deemed to be adulterated: a. If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling…

24:5-13. Use of wood or methyl alcohol prohibited; penalty No person shall sell or offer or expose for sale, or have in his possession with intent to distribute or sell, any food, drug, cosmetic, preparation or mixture of any kind, intended for internal use, which contains methyl…