N.J. Stat. tit. 24, ch. 3

in effect

N.J. Stat. § 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 production, preparation, manufacture, packing, storage, transportation, handling, distribution or sale of any food, drug, cosmetic or device, and may inspect any of the aforesaid premises, places or conveyances to determine if it meets the sanitary requirements set forth in this subtitle, and may examine and open any package or container which is believed to contain any food, drug, cosmetic or device manufactured, sold, exposed for sale or had in possession with intent to sell in violation of any provision of this subtitle and inspect the contents thereof and take therefrom samples for analysis, whether or not the container or package be sealed or locked and whether or not it be in transit. Amended by L.1939, c. 320, p. 771, s. 5; eff. Jan. 1, 1940; L.1961, c. 52, p. 529, s. 9, eff. June 3, 1961.

N.J. Stat. § 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 Department, deliver so much thereof to the department as it may request as a sample. Amended by L.1939, c. 320, p. 771, s. 6, eff. Jan. 1, 1940.

N.J. Stat. § 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. Amended by L.1939, c. 320, p. 772, s. 7, eff. Jan. 1, 1940.

N.J. Stat. § 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 part shall be sealed in a suitable package. One part shall be tendered and, if accepted, shall be delivered to the person of whom the request or demand was made with a statement in writing that such sample is taken for the purpose of examination, issued in the name of the department and signed by the person taking the same. Amended by L.1939, c. 320, p. 772, s. 8, eff. Jan. 1, 1940.

N.J. Stat. § 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, except as provided in section 24:3-6 of this title.

N.J. Stat. § 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 prosecutor, notwithstanding the fact that the article may have been purchased by some person other than a representative of the department, if such article shall immediately after such sale be delivered by the purchaser to the department. The department shall, in the presence of the person from whom the request or demand was made, or of a witness who may be the purchaser, divide the article into two or more parts and preserve the sample in the same manner as prescribed by section 24:3-4 of this Title. Amended by L.1939, c. 320, p. 772, s. 9, eff. Jan. 1, 1940.

N.J. Stat. § 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 vessel and thoroughly mixed and take a composite sample for analysis.

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