N.J. Stat. tit. 24, ch. 4

in effect

N.J. Stat. § 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 provision of this subtitle, may be confiscated by a summary proceeding as hereinafter provided. Amended by L.1939, c. 320, p. 773, s. 10, eff. Jan. 1, 1940; L.1953, c. 24, p. 454, s. 2, eff. March 19, 1953.

N.J. Stat. § 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,s.3; 1991,c.91,s.284.

N.J. Stat. § 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 the same before the court which issued the warrant and to summon the person named in the warrant, and any other person who may be found in possession of the article, to appear at the time and place therein specified. Amended by L.1953, c. 24, p. 455, s. 6, eff. March 19, 1953; amended 2023, c.250, s.27.

N.J. Stat. § 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.

N.J. Stat. § 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, it shall be confiscated and disposed of by destruction or sale as the court may direct, but no such article shall be sold contrary to any provision of this subtitle. The proceeds of any sale, less the legal costs and charges, shall be paid to the State department which shall pay the same into the State treasury, or to the local board for the use of the municipality. Amended by L.1939, c. 320, p. 773, s. 13, eff. Jan. 1, 1940; L.1953, c. 24, p. 455, s. 9, eff. March 19, 1953.

N.J. Stat. § 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 of the proceeding and the execution and delivery to the State department or local board instituting the proceeding, as obligee, of a good and sufficient bond to the effect that such article shall not be sold or otherwise disposed of contrary to the provisions of this subtitle or the laws of any State, territory, district of the United States, or of the United States. Amended by L.1953, c. 24, p. 456, s. 10.

N.J. Stat. § 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. Exposed or offered for sale, or had in possession with intent to sell, in violation of any provision of this subtitle; or b. In a state of rottenness or putrefaction, or in any condition which renders it unwholesome or unfit for use for human food.

N.J. Stat. § 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 or fraudulent within the meaning of this subtitle, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission. L.1939, c. 320, p. 774, s. 14, eff. Jan. 1, 1940.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026