N.J. Stat. tit. 24, ch. 16B

in effect

N.J. Stat. § 24:16B-1 Short title

This act may be cited as the New Jersey Meat and Poultry Inspection Act. L.1968, c. 105, s. 1, eff. July 1, 1968.

N.J. Stat. § 24:16B-2 Declaration of policy

It is essential to the public interest that the health and welfare of consumers be protected by assuring that meat and meat food products distributed to them are wholesome, unadulterated, and properly marked, labeled and packaged. Unwholesome, adulterated or mislabeled meat or meat food products are injurious to the public health and welfare; and may provide unfair competition to wholesome, unadulterated, and properly labeled and packaged meat and meat food products. Therefore, it is hereby declared to be the policy of the State of New Jersey to provide for the inspection of animals to be slaughtered, and the carcasses, parts thereof, meat and meat food products processed therefrom, capable of use as human food, at certain establishments in order to prevent the distribution, for human consumption, of animals, meat and meat food products, which are unwholesome, adulterated, misbranded, improperly labeled or otherwise unfit for use as human food. L.1968, c. 105, s. 2, eff. July 1, 1968.

N.J. Stat. § 24:16B-3 Definitions

For the purposes of this act, the following definitions shall be applicable unless the context indicates otherwise: "Animal" means cattle, poultry, sheep, swine, goats, horses or other equines, and such other animals as the board may designate. "Animal food manufacturer" means any person engaged in the business of manufacturing or processing animal food derived wholly or in part from carcasses, or parts or products of the carcasses, of animals for purposes other than for use as human food except as otherwise provided for by law or exempted by regulation prescribed by the board. "Board" means the State Board of Agriculture, Department of Agriculture, State of New Jersey. "Carcasses" means bodies or any part or portion of dead animals. "Container" or "package" means any box, can, tin, cloth, plastic, or any other receptacle, wrapper or cover used to hold any animal carcasses, meat or meat food product. "Disposal plant" means a place of business or a location where the carcasses of animals or meat-packing house refuse are received or unloaded and where such carcasses or refuse either are processed for the purpose of obtaining the hide, skin, grease, residue, fertilizer, food for animals or any other by-product from said animals or refuse, in any way whatsoever, or are fed to hogs, dogs, fur-bearing or other animals. "Federal Meat Inspection Act" means the act so entitled approved March 4, 1907 (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584), and acts amendatory thereof or supplementary thereto, including those hereafter enacted. "Handler-distributor" means a person who engages in the business (other than for direct sale to the consumer), of buying, selling or distributing, storing or transporting any animal carcass, or part thereof, or meat or meat food product intended for use as human food. "Inspector" means an employee or agent of the Department of Agriculture authorized by the secretary to inspect animals or the carcasses or parts thereof, meat or meat food products, under the authority of this article. "Label" means a display of written, printed, or graphic matter upon the immediate wrapper, container or package (not including package liners) of any article. "Licensee" means any person licensed pursuant to this act. "Meat" means any edible part of the carcass of any animal. "Meat food product" means any article of food, or any article intended for use as human food, which is derived or prepared, in whole or in part, from any portion of any animal, unless exempted by the board upon its determination that the article (1) contains only a minimal amount of meat and is not represented as a meat food product; or (2) is for medicinal purposes; or (3) is denatured and is so labeled. "Official inspection mark" means any symbol, formulated pursuant to rules and regulations prescribed by the board, stating that an article was inspected and passed. "Packing" means the activity of packaging or containing and labeling any animal carcass or part thereof or meat or meat food product intended for use as human food. "Person" means any individual, proprietor, partnership, corporation, association or business entity. "Preparing" means the activity of slaughtering, canning, salting, rendering, boning, cutting-up or otherwise manufacturing or processing any animal carcass, meat or meat food product intended for use as human food. "Primary establishment" or "licensed primary establishment" means an establishment engaged in the slaughtering, processing, preparing, or packaging of animals, the carcasses or parts thereof or meat or meat food products intended for use as human food. "Primary licensee" means a person who owns, operates or conducts a primary establishment. "Processing" means the activity of preparing, canning, salting, freezing or otherwise manufacturing any animal carcass or part thereof, meat or meat food product intended for use as human food. "Secondary establishment" or "secondary licensed establishment" means an establishment engaged in the slaughtering or rendering of animals, the carcasses or parts thereof for purposes other than for use as human food, or an animal food manufacturing plant, or a disposal plant. "Secondary licensee" means a person who owns, operates or conducts a secondary establishment. "Renderer" means any person engaged in the business of rendering carcasses, or parts or products of animals. "Secretary" means the Secretary of Agriculture of the State of New Jersey. "Wholesome" means sound, healthful, clean and otherwise fit for human consumption. The board shall, by rule or regulation, prescribe such other definitions as necessary in order to effectuate the purposes of this act; provided, however, said definitions shall equal definitions under the Federal Meat Inspection Act, when applicable. L.1968, c. 105, s. 3, eff. July 1, 1968.

N.J. Stat. § 24:16B-4 Transfer of authority from Department of Health to Department of Agriculture; general power of Department of Agriculture

The jurisdiction and authority to provide for the proper inspections of animals to be slaughtered and the carcasses, parts thereof, meat and meat food products, animal food product or by-product of animals; packaging and labeling of animal carcasses, parts thereof, meat and meat food products, animal food products or by-products of animals, is hereby transferred from the Department of Health to the Department of Agriculture. The Department of Agriculture is hereby declared to be the principal instrumentality of the State for attaining the ends declared in this act. The department shall have all necessary power to carry out and enforce the provisions of this act and the rules and regulations of the board. L.1968, c. 105, s. 4, eff. July 1, 1968.

N.J. Stat. § 24:16B-5 General power of the board; rules and regulations

The board is hereby vested with power as provided in this act. The board shall have power to make rules and regulations to effectuate the purposes and to carry out the provisions of this act and shall implement this act by prescribing such rules and regulations necessary to equal the Federal Meat Inspection Act. All such rules and regulations shall be made in the name of the board over their signatures. L.1968, c. 105, s. 5, eff. July 1, 1968.

N.J. Stat. § 24:16B-6 General powers of the secretary

The secretary shall supervise and enforce the proper administration of the provisions of this act and all rules and regulations made thereunder for the purpose of attaining the ends declared in this act. L.1968, c. 105, s. 6, eff. July 1, 1968.

N.J. Stat. § 24:16B-7 Enforcement by municipalities

Municipalities may continue conducting meat inspection programs within their jurisdiction and shall enforce the provisions of this act under the supervision of the secretary. L.1968, c. 105, s. 7, eff. July 1, 1968.

N.J. Stat. § 24:16B-8 State inspectors, analysts and employees; continuation of former practices and procedures for a period not in excess of 1 year

The secretary may appoint such analysts, chemists, chief inspectors and other inspectors and employees as may be authorized by law, and the persons thus appointed shall perform such duties as may be assigned to them by the secretary. The secretary shall fix the salaries of all such officers and employees subject to the provisions of Title 11, Civil Service, of the Revised Statutes except when otherwise provided by statute. The secretary, in order to facilitate the orderly transition and implementation of this act, may continue the practices and procedures formerly conducted by the Department of Health in administering the meat inspection program for a period not in excess of 1 year from the effective date of this act. L.1968, c. 105, s. 8, eff. July 1, 1968.

N.J. Stat. § 24:16B-10 Powers and duties of local inspectors

The local inspector shall have, within the jurisdiction of the municipality appointing him, all the power and authority given an inspector appointed by the secretary under the authority of section 8 of this act. L.1968, c. 105, s. 10, eff. July 1, 1968.

N.J. Stat. § 24:16B-17 Inspections

For the purposes hereinbefore set forth, the secretary shall cause to be made by inspectors an examination and inspection of animals, carcasses and parts thereof, meat and meat food products prepared in licensed establishments and of the sanitary conditions of licensed establishments and the manner of handling of carcasses, parts thereof and meat and meat food products therefrom by any licensee and, for the purposes of an examination and inspection, said inspectors shall have access to every part of said establishment at any time, whether the establishment is in operation or not. L.1968, c. 105, s. 17, eff. July 1, 1968.

N.J. Stat. § 24:16B-18 Disposition of dead animals

The board shall prescribe such rules and regulations for the disposition of animal carcasses as it may deem necessary to discover and control contagious, infectious or communicable animal diseases and to protect the public health and welfare. Any person owning or having custody of an animal that has died shall dispose of the carcass in accordance with such rules and regulations and under such conditions as the board prescribes. No secondary licensee shall remove, render, or otherwise dispose of any animal except in accordance with such rules and regulations and under such conditions as the board prescribes. L.1968, c. 105, s. 18, eff. July 1, 1968.

N.J. Stat. § 24:16B-19 Diseased or physically impaired animals

The board shall have power to prescribe by regulations the type and extent of the disease or other physical conditions found in any animals as shall render it unfit for use as food for animal consumption. L.1968, c. 105, s. 19, eff. July 1, 1968.

N.J. Stat. § 24:16B-20 Antemortem inspections

The secretary shall cause an antemortem inspection of animals by duly authorized inspectors prior to the entry of such animals into that area of any licensed primary establishment wherein slaughtering or processing is conducted. L.1968, c. 105, s. 20, eff. July 1, 1968.

N.J. Stat. § 24:16B-21 Unauthorized entry of uninspected animals prohibited

No primary licensee shall permit or allow any animal to enter into that area of any licensed primary establishment wherein slaughtering or processing is conducted unless a duly authorized inspector has examined and inspected such animal prior to the entry of such animal into that area. L.1968, c. 105, s. 21, eff. July 1, 1968.

N.J. Stat. § 24:16B-22 Separate slaughter of animals found to show symptoms of disease

A licensee shall cause any animal found to show symptoms of disease to be set apart and slaughtered separately from other animals and, when so slaughtered, the carcasses of said animal shall be subject to a careful examination and inspection and shall be disposed of in accordance with the rules and regulations prescribed by the board. L.1968, c. 105, s. 22, eff. July 1, 1968.

N.J. Stat. § 24:16B-23 Separate slaughter and preparation of horsemeat

The secretary, in order to effectuate the provisions of this act, may require any primary licensee to conduct the slaughter and preparation of horses, mules or other equines, the carcasses and parts thereof, and meat and meat food products resulting therefrom, in licensed primary establishments, separate and apart from establishments in which the slaughter and preparation of other animals, carcasses and parts thereof, meat and meat food products are conducted. L.1968, c. 105, s. 23, eff. July 1, 1968.

N.J. Stat. § 24:16B-24 Postmortem inspection

The secretary shall cause a postmortem inspection by duly authorized inspectors of animal carcasses and parts thereof which are slaughtered in any licensed primary establishment. Upon such examination and inspection, such carcasses or parts thereof found to be unadulterated and wholesome shall be labeled, marked, stamped or tagged with the official inspection mark. L.1968, c. 105, s. 24, eff. July 1, 1968.

N.J. Stat. § 24:16B-25 Inspection mark required before processing

No primary licensee shall permit or allow any animal carcass or part thereof to be prepared, processed, packaged, shipped, sold or offered for sale unless it has been examined and inspected by an inspector and labeled, marked, stamped, or tagged with the official inspection mark. L.1968, c. 105, s. 25, eff. July 1, 1968.

N.J. Stat. § 24:16B-26 Inspection during processing or preparation

The secretary shall cause an examination and inspection by duly authorized inspectors of all meat and meat food products processed or prepared in any licensed primary establishment. Upon such examination and inspection, such carcasses or parts thereof found to be unadulterated and wholesome shall be labeled, marked, stamped or tagged with the official inspection mark. L.1968, c. 105, s. 26, eff. July 1, 1968.

N.J. Stat. § 24:16B-27 Inspection required before packaging or shipment

No primary licensee shall permit or allow any meat or meat food product to be packaged, shipped, sold or offered for sale unless it has been examined and inspected by an inspector and labeled, marked, stamped or tagged with the official inspection mark or has been inspected and passed. L.1968, c. 105, s. 27, eff. July 1, 1968.

N.J. Stat. § 24:16B-28 Condemnation; disposition

All animal carcasses and parts thereof, meat and meat food products, found by an inspector to be unwholesome or adulterated in any licensed primary establishment shall be condemned and shall be labeled, marked, stamped, or tagged as "New Jersey Inspected and Condemned" by said inspector; and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establishment in the presence of the inspector; provided however, that articles which may, by reprocessing, be made wholesome and unadulterated need not be so condemned and destroyed, if the articles are within a reasonable time thereafter reprocessed under the supervision of an inspector and, upon such reprocessing, found to be wholesome and unadulterated by said inspector. L.1968, c. 105, s. 28, eff. July 1, 1968.

N.J. Stat. § 24:16B-29 Disposition of by-products

The board shall prescribe by rule or regulation the manner and disposition of the by-products of animals slaughtered or processed in any licensed primary establishment. L.1968, c. 105, s. 29, eff. July 1, 1968.

N.J. Stat. § 24:16B-30 Actions authorized

The secretary may cause, at any time, such quarantine, segregation, embargo, seizure, detention, destruction, removal of the official inspection mark, re-examination or re-inspection of any animal or carcass, part thereof, or meat or meat food product as are necessary to effectuate the purposes of this act. L.1968, c. 105, s. 30, eff. July 1, 1968.

N.J. Stat. § 24:16B-31 Handling, transporting and storing

The secretary shall cause to be made, from time to time, an examination and inspection of the sanitary conditions existing in all licensed establishments, warehouses, or transportation vehicles and the conditions under which carcasses, parts thereof, meat and meat food products are handled, transported or stored by licensees. The board shall, by rule or regulation, prescribe minimum standards with regard to the sanitary conditions existing in licensed establishments or transport vehicles and the conditions under which carcasses, parts thereof, meat and meat food products are handled, transported or stored by licensees. L.1968, c. 105, s. 31, eff. July 1, 1968.

N.J. Stat. § 24:16B-32 Packaging

No primary licensee shall seal or enclose any carcass, part thereof, or meat or meat food product into any package or container unless said meat or meat food product bears the official inspection mark or has been inspected and passed and is placed or packaged into said package or container under the supervision of a duly authorized inspector. L.1968, c. 105, s. 32, eff. July 1, 1968.

N.J. Stat. § 24:16B-33 Contents of labels

The board may prescribe by rule or regulation such information to appear on any container, package or label bearing any animal carcass, part thereof, meat or meat food product or animal food product as follows: (a) The styles and sizes of types to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling of animal carcasses, parts thereof, meat or meat food products or animal food products; provided, however, the board must first obtain the advice and consent of the State Superintendent, Division of Weights and Measures, to such rules and regulations. (b) Definitions and standards of identity or composition of meat or meat food products. (c) Such other information as may be necessary in order to prevent any false, misleading, deceptive or fraudulent labeling; mislabeling, misbranding or otherwise improper labeling; provided, however, the board must first obtain the advice and consent of the State Superintendent, Division of Weights and Measures, to such rules and regulations. Nothing herein shall be construed to confer authority upon the board to prescribe rules and regulations affecting the quantitative statement appearing on the container, package or label. L.1968, c. 105, s. 33, eff. July 1, 1968.

N.J. Stat. § 24:16B-34 Registration of labels, marks

Primary and secondary licensees shall register a facsimile copy of all names, labels, marks, brands, trade names or identification used on animal carcasses, parts thereof, meat or meat food products or animal food products with the secretary upon forms to be provided and upon compliance with regulations prescribed by the board. The secretary shall cause to be set up a registry of such names, labels, marks, brands, trade names or other identifications for animal carcasses, parts thereof, meat or meat food products or animal food products. L.1968, c. 105, s. 34, eff. July 1, 1968.

N.J. Stat. § 24:16B-35 Sale or shipment of mislabeled packages prohibited

No licensee shall sell, offer to sell or cause to be shipped any package or container which is falsely, deceptively or fraudulently labeled, mislabeled, misbranded, improperly labeled or which fails to comply in any respect with the rules and regulations prescribed by the board. L.1968, c. 105, s. 35, eff. July 1, 1968.

N.J. Stat. § 24:16B-36 Sale or shipment of unwholesome meat prohibited

No primary licensee shall sell, offer for sale or cause to be shipped any adulterated, misbranded or unwholesome animal carcasses, parts thereof, meat or meat food products unless they are plainly and conspicuously labeled, marked, stamped or tagged as "New Jersey inspected and condemned." L.1968, c. 105, s. 36, eff. July 1, 1968.

N.J. Stat. § 24:16B-37 Acceptance by handler-distributor of unwholesome meat prohibited

No "handler-distributor" shall knowingly accept for shipment, storage or distribution any adulterated, misbranded or unwholesome animal carcass, part thereof, meat or meat food product unless they are plainly and conspicuously labeled, marked, stamped or tagged as "New Jersey inspected and condemned." L.1968, c. 105, s. 37, eff. July 1, 1968.

N.J. Stat. § 24:16B-38 Sale or shipment of horsemeat prohibited

No licensee shall sell, offer for sale or cause to be shipped, any carcass of horses, mules, or other equines, or parts of such carcass, or the meat or meat food products thereof, unless they are plainly and conspicuously marked, labeled or otherwise identified so as to show the animal or animals from which they were derived in accordance with the regulations prescribed by the board. L.1968, c. 105, s. 38, eff. July 1, 1968.

N.J. Stat. § 24:16B-39 Vehicle permits

The secretary shall cause to be issued a permit for each vehicle used by a licensee to transport any animal carcasses, parts thereof, meat or meat food product, animal food products or by-products of animals. The board may by rules or regulation prescribe the minimum sanitary equipment and conditions in each vehicle, the use of each vehicle, and the method of handling animal carcasses, parts thereof, meat and meat food products, animal food products and by-products of animals in said vehicle. L.1968, c. 105, s. 39, eff. July 1, 1968.

N.J. Stat. § 24:16B-40 Display of vehicle permits required

No vehicle shall be used by any licensee to transport any animal carcass, part thereof, meat or meat food products, animal food product or by-product of any animal unless he has first obtained a permit for said vehicle from the secretary and has caused the permit number to be prominently displayed on both sides of the body of the vehicle so as to be plainly visible to the public. L.1968, c. 105, s. 40, eff. July 1, 1968.

N.J. Stat. § 24:16B-41 Other applications of this act

The foregoing provisions shall also apply to all carcasses, parts of carcasses, meat or meat food products capable of use as human food, which may be brought into any licensed primary establishment wherein examination and inspection under this act is maintained, and such examination and inspection shall be made before the said carcasses or parts thereof, meat or meat food products shall be allowed to enter into any licensed primary establishment wherein the same are to be treated or prepared for meat or meat food products; and the foregoing provisions shall also apply to all such products which, after having been shipped or transported from any establishment, shall be returned to a licensed primary establishment wherein such examination and inspection are maintained. The secretary may limit the entry of carcasses, parts of carcasses, meat and meat food products, and other materials into any primary establishment at which examination and inspection under this act is maintained under such conditions as may assure that allowing the entry of such articles into such licensed primary establishments will be consistent with the purposes of this act. L.1968, c. 105, s. 41, eff. July 1, 1968.

N.J. Stat. § 24:16B-42 Exemption from inspection

The provisions of this act requiring inspection of the slaughter of animals and of the preparation of the carcasses, parts thereof, meat and meat food products at establishments conducting such operations shall not apply to: A. The slaughtering by any person of animals of his own raising, and the preparation by him and transportation of the carcasses, parts thereof, meat and meat food products of such animals exclusively for use by him and members of his household and his nonpaying guests and employees; or B. The custom slaughter by any person of any animal delivered by the owner thereof for such slaughter, and the preparation by such slaughterer and transportation of the carcasses, parts thereof, meat and meat food products of such animals, exclusively for use, in the household of such owner, by the members of his household and his nonpaying guests and employees; provided that such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat or meat food products of any animal; or C. Operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments; or D. The slaughter of animals or the preparation of any carcasses or parts or products of such animals, which are not intended for use as human food, but such articles shall, prior to their offer for sale or shipment, unless naturally inedible by humans, be denatured or otherwise identified to deter their use for human food as prescribed by regulations of the board; or E. Any licensed establishment in which Federal inspection service is provided under the Federal Meat Inspection Act; or F. Any licensed secondary establishment. The slaughter of animals and preparation of articles referred to in paragraphs B, C, D and F shall be conducted in accordance with such sanitary conditions as the board may, by regulation, prescribe. The adulterated and misbranding provisions of this act shall apply to articles which are not required to be inspected under this section. L.1968, c. 105, s. 42, eff. July 1, 1968.

N.J. Stat. § 24:16B-43 Removal of inspectors

The secretary, upon reasonable belief that any provision of this act, the rules or regulations prescribed by the board, or orders of the secretary have been violated, may remove inspection service from any licensed establishment for a period not in excess of 30 days. L.1968, c. 105, s. 43, eff. July 1, 1968.

N.J. Stat. § 24:16B-44 Engaging in business prohibited after removal of inspectors

No person shall continue to engage in business as a primary licensee after the secretary has withdrawn inspection service in accordance with the provisions of this act or the Federal Government has withdrawn inspection service in accordance with the Federal Meat Inspection Act. Any person who violates this section shall be guilty of a high misdemeanor and, if convicted, shall, in addition to any other penalties imposed, forfeit any license issued to him under this act and shall be forever ineligible to hold a license pursuant to the provisions of this act. L.1968, c. 105, s. 44, eff. July 1, 1968.

N.J. Stat. § 24:16B-45 Acts of agents, servants and employees

When construing and enforcing any provision of this act, the act, omission or failure of any officer, agent, employee or other person acting for any licensee shall be deemed to be the act, omission or failure of the licensee, as well as that of the person committing said act, omission or failure. L.1968, c. 105, s. 45, eff. July 1, 1968.

N.J. Stat. § 24:16B-46 Books and records; rights of entry, inspection of premises

The secretary may require all licensees or classes of licensees to keep such records as will fully and correctly disclose all transactions involved in their business; and all licensees subject to such requirements shall, at all reasonable times, upon notice by the secretary or his duly authorized agent or employee, afford the secretary or such agent or employee access to their places of business and afford the secretary, such agents or employees an opportunity to examine the facilities, inventory and records thereof, to make copies of all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor. Any record required to be maintained by this section shall be maintained for such period of time as the secretary shall designate. L.1968, c. 105, s. 46, eff. July 1, 1968.

N.J. Stat. § 24:16B-47 Reports of licensee

Each licensee shall, from time to time, as required by the order of the secretary, make and file a verified report on forms prescribed by the secretary of all matters on account of which a record is required to be kept, together with such other information or facts as may be necessary to effectuate the purposes of this act. L.1968, c. 105, s. 47, eff. July 1, 1968.

N.J. Stat. § 24:16B-48 Proceedings before the secretary

The secretary and his duly authorized agents and employees are hereby empowered and charged with the duty to hear, review and determine violations and controversies arising under the provisions of this act, or the rules and regulations prescribed thereunder. L.1968, c. 105, s. 48, eff. July 1, 1968.

N.J. Stat. § 24:16B-49 Hearing procedures

Before declining to grant a license or conditioning or limiting a license, or suspending or revoking a license previously granted, the secretary or his duly authorized agent or employee shall give notice to the applicant or licensee personally or by certified mail addressed to his last known address, and afford him an opportunity to appear and be heard with respect thereto at a time and place specified in such notice. Such applicant or licensee shall have the right to be heard in person or by attorney, and to offer evidence pertinent to the subject of the hearing, and to that end to invoke the powers of the secretary with respect to the compulsory attendance of witnesses and the production of books, accounts, papers, records and documents by subpoena. The secretary may make such other rules, as may be reasonable and appropriate, regulating the manner, form, time, terms and conditions of such proceedings. The secretary or his duly authorized agent or employee shall not be bound in such proceedings to apply the technical rules of evidence prevailing in a court of law. L.1968, c. 105, s. 49, eff. July 1, 1968.

N.J. Stat. § 24:16B-50 Issuance of subpoenas

The secretary and his duly authorized agents and employees shall have the power to issue subpoenas to compel the attendance of witnesses and the production of books, papers, records and documents for the purpose of obtaining such information as may be required to carry out the provisions of this act. Such subpoenas shall be signed by the secretary. L.1968, c. 105, s. 50, eff. July 1, 1968.

N.J. Stat. § 24:16B-51 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 of civil actions in the Superior Court; and any person attending in pursuance of such subpoena shall be entitled to the same fees and mileage as witnesses in civil action in said Superior Court. The fees for the attendance of the witnesses shall be paid by the party arranging for the attendance of such witnesses. L.1968, c. 105, s. 51, eff. July 1, 1968.

N.J. Stat. § 24:16B-52 Refusal to obey subpoena or testify; contempt

In case any person so summoned by subpoena issued by said secretary shall refuse to obey such subpoena or any directions therein, or to give testimony, or to answer questions as required, or to produce any book, papers, documents or records as required, the secretary or party subpoenaing said witness may apply to the Superior Court for process against such person, as for a contempt of the Superior Court, and the court shall proceed to a hearing of the case and make such orders and render judgment as in cases of contempt of said court. L.1968, c. 105, s. 52, eff. July 1, 1968.

N.J. Stat. § 24:16B-53 Oaths

The secretary or any person authorized by law is hereby authorized to administer oaths to all such witnesses as may appear or be brought before said secretary or his duly authorized agent or employee. L.1968, c. 105, s. 53, eff. July 1, 1968.

N.J. Stat. § 24:16B-54 Grounds for denying license

The secretary or his duly authorized agent or employee, after conducting a 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 or may refuse to renew a license when satisfied of the existence of any of the following: A. That the applicant or licensee has violated any of the provisions of this act, or any of the rules and regulations prescribed by the board, or the orders of the secretary or has violated any of the provisions of the meat or poultry inspection laws of the United States or any other State or of the orders, rules and regulations issued thereunder or the provisions of any meat or poultry inspection law which have preceded this act, or of orders, rules and regulations issued thereunder. B. That the applicant or licensee is a partnership, corporation, firm or association and any individual holding any position or interest or power or control therein has previously been responsible in whole or in part in this State or any other State for any act on account of which a license may be denied, suspended or revoked pursuant to the provisions of this act. C. That the applicant or licensee is unfit to engage in any business requiring inspection because the applicant or licensee or anyone responsibly connected with the applicant or licensee has been convicted in any Federal or State court of a violation of law punishable by imprisonment for a term exceeding 1 year, or more than one violation of any law punishable by a lesser sentence, based upon the acquiring, handling or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food. D. That the applicant or licensee has committed any act likely to undermine sanitary regulations and standards as established by this act or the rules and regulations promulgated by the board. E. That the applicant or licensee is not qualified by character, experience, financial responsibility or equipment to properly conduct the proposed business. F. That the applicant or licensee has continued in a course of dealing of such a nature as to satisfy the secretary of his inability or unwillingness to properly conduct his business in accordance with the provisions of this act. G. That the applicant or licensee has continued in a course of dealing of such nature as to satisfy the secretary of an intent to deceive or defraud consumers, licensees, or other persons in those matters regulated by the provisions of this act. H. That the applicant or licensee has made false statements to the secretary or the board or has testified falsely in any hearing before the secretary or the board. I. That the applicant or licensee has failed either to keep records or to furnish the statements or information required by the secretary under this act. J. That the licensee has failed to file any annual or special report required by this act, within the time fixed by the secretary for filing the same. K. That the licensee has willfully made, or caused to be made, any false entry or statement of fact in any report required to be made under this act, or that such licensee has willfully neglected or failed to make, or cause to be made, full, true, and correct entries in such accounts, records or memoranda, of all facts and transactions, or willfully mutilated, altered, or by any other means falsified any documentary evidence or willfully refused to submit any record or report to the secretary. The secretary may, without hearing, continue any ruling or order made as to any license or any applicant or licensee which was made after hearing when any subsequent application for license is filed by said applicant or licensee. The issuance or renewal by the secretary of a license hereunder shall not preclude the Secretary from suspending, conditioning or revoking such license for acts as set forth in this section committed by the licensee prior to the license period unless the secretary had proceeded against the applicant or licensee, and the order made thereupon has been complied with by the applicant or licensee. L.1968, c. 105, s. 54, eff. July 1, 1968.

N.J. Stat. § 24:16B-55 Informal hearings on violations; adjustment

Upon receiving evidence of a violation of any of the provisions of this act, or of any rules or regulations of the board or orders of the secretary issued thereunder, any employee designated by the secretary is hereby empowered to hold informal hearings upon said violation or violations at such place or places as the secretary may fix and, upon finding the violations to have been committed, to adjust same with any licensee accused of such violations for such amounts, not in excess of $10,000.00 for the first offense and not in excess of $20,000.00 for any subsequent offense, or suspension of his license for such period, or both, as may in the discretion of the secretary be proper under the circumstances. In the event of the violator complying with the terms of the adjustment, no further action shall be had under section 54 upon any violation so adjusted. L.1968, c. 105, s. 55, eff. July 1, 1968.

N.J. Stat. § 24:16B-56 Orders of the secretary; service

The secretary or his duly authorized agent or employee shall make and enforce orders necessary to carry out the provisions of this act. An order or determination applying only to a person named therein shall be served on the person affected by personal delivery of a copy of said order or by mailing a copy thereof to him at his last known address by certified mail. All orders and determinations shall include the findings of fact upon which such orders or determinations are based. L.1968, c. 105, s. 56, eff. July 1, 1968.

N.J. Stat. § 24:16B-57 Records of the secretary; reports to the Attorney General

The secretary shall keep a record of all his official acts, and shall preserve copies of all decisions, rules and orders made by him. The secretary shall make a semiannual report to the Attorney General with regard to the number and type of violations of this act, the facts incidental thereto and the disposition thereof. L.1968, c. 105, s. 57, eff. July 1, 1968.

N.J. Stat. § 24:16B-58 Disposition of license fees, penalties, fines and costs

All funds derived from fees for licenses issued hereunder, and the proceeds of any adjustments, penalties, fines and costs imposed by the secretary or any court hereunder, shall be paid to the State Treasurer and shall become part of the General State Fund. L.1968, c. 105, s. 58, eff. July 1, 1968.

N.J. Stat. § 24:16B-59 Review by Superior Court

Any person, applicant or licensee aggrieved by any order or determination of the secretary, or his agent or employee made pursuant to this act may obtain a review of the action complained of by the Superior Court in a proceeding in lieu of prerogative writ. L.1968, c. 105, s. 59, eff. July 1, 1968.

N.J. Stat. § 24:16B-60 Violations

Any person who violates any provision of this act, except sections 11 and 44, or any orders or rules or regulations issued pursuant to this act, shall, in addition to any other penalty herein provided, be a disorderly person and, if convicted as such, be fined not more than $1,000.00, or imprisoned for a period not in excess of 1 year, or both. L.1968, c. 105, s. 60, eff. July 1, 1968.

N.J. Stat. § 24:16B-61 Actions to restrain violations

Any habitual violation of this act or of any of the orders or rules or regulations made pursuant to this act may be restrained by the Superior Court in an action brought for such purpose by the Attorney General on behalf of the secretary. L.1968, c. 105, s. 61, eff. July 1, 1968.

N.J. Stat. § 24:16B-62 Co-operation with United States Government

The Department of Agriculture is authorized to co-operate with the Secretary of Agriculture of the United States in developing and administering the meat inspection program of the State of New Jersey. The secretary is authorized, with the approval of the State Board of Agriculture, to enter into agreements with the Secretary of Agriculture of the United States for advisory assistance in planning and otherwise enforcing this act, technical and laboratory assistance and training, and financial and other aid for administration of this act. The secretary, with the approval of the State board, may recommend to the Secretary of Agriculture of the United States such officials or employees of this State as the secretary shall designate for appointment to the advisory committee provided for in section 301 of the Federal Meat Inspection Act. L.1968, c. 105, s. 62, eff. July 1, 1968.

N.J. Stat. § 24:16B-63 Agreements with other agencies

For the furtherance of the objectives stated in this act, the secretary shall have authority to enter into agreements with State, county and municipal agencies and with other States. L.1968, c. 105, s. 63, eff. July 1, 1968.

N.J. Stat. § 24:16B-64 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 secretary shall not be impaired or qualified by the granting to the board, the secretary, or an employee or agent of the secretary by this act of a specific power or powers. L.1968, c. 105, s. 64, eff. July 1, 1968.

N.J. Stat. § 24:16B-65 Foreign or interstate commerce

No provisions of this act shall apply or be construed to apply to foreign or interstate commerce, except insofar as the same may be effective pursuant to the United States Constitution and to the laws of the United States enacted pursuant thereto. L.1968, c. 105, s. 65, eff. July 1, 1968.

N.J. Stat. § 24:16B-66 Authority of department of health not abrogated or affected except as authorized by this act

Nothing contained in this act or the orders, rules or regulations adopted thereunder shall abrogate, impair or affect the authority of the Department of Health or any county or municipal board of health except as the same relates to the slaughtering, processing or packaging of animals, carcasses, parts thereof, meat or meat food product or animal food product or the handling or distribution thereof as provided herein. L.1968, c. 105, s. 66, eff. July 1, 1968.

N.J. Stat. § 24:16B-67 Authority of the division of weights and measures not abrogated or affected

Nothing herein contained in this act or the orders, rules or regulations adopted thereunder shall abrogate, impair or affect the authority, status, force or operation of the Department of Law and Public Safety, Division of Weights and Measures, Department of Law and Public Safety, or of any county or municipal weights and measures authority. L.1968, c. 105, s. 67, eff. July 1, 1968.

N.J. Stat. § 24:16B-68 Liberal construction

This act shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance of each and every act and thing herein authorized. L.1968, c. 105, s. 68, eff. July 1, 1968.

N.J. Stat. § 24:16B-69 Inconsistent acts and rules and regulations superseded

All acts and parts of acts, rules and regulations issued thereunder inconsistent in whole or in part with the provisions of this act are to such extent superseded. L.1968, c. 105, s. 69, eff. July 1, 1968.

N.J. Stat. § 24:16B-70 Partial invalidity

If any section, subsection, paragraph, sentence or other part of this act is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this act, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this act directly involved in the controversy in which said judgment shall have been rendered. L.1968, c. 105, s. 70, eff. July 1, 1968.

N.J. Stat. § 24:16B-71 Repeal

The following acts and parts of acts are repealed: section 24:5-21 of the Revised Statutes, section 24:6-8 of the Revised Statutes, chapter 16 of Title 24 of the Revised Statutes, chapter 415 of the laws of 1953, and section 2 of chapter 244 of the laws of 1950. L.1968, c. 105, s. 71, eff. July 1, 1968.

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