company the same; each crate or container shall be marked by means of a tag firmly fixed or attached thereto with the name and address of the person from whom the poultry in such crate or container was bought. It shall be unlawful for any dealer, broker or agent of such dealer or broker to transfer or cause the transfer of poultry from one crate or container to another before returning to a warehouse, established place of business or distribution point; provided, however, if part of the live poultry is sold before returning to any of the said locations it shall be lawful if at the time of sale, a sales slip or ticket is made out, in duplicate, showing his name and address, the name and address of the person to whom the poultry is sold, the number of units of poultry and the avoirdupois net weight of the same, together with identification of the crate or container from which the poultry was taken. The original copy of the sales ticket shall be given to the person buying the said poultry and the duplicate copy shall be retained by the seller for a period of one year and shall be subject at all times to inspection by a duly authorized weights and measures officer. [1942] Sec. 4:11-46. Exceptions. The provisions of this act [Secs. 4:11-35-4:1149] shall not apply to any legally incorporated agricultural cooperative association in dealings with its members, nor to storekeepers having not more than two stores where poultry is bought in small quantities and foods of all kinds are sold at retail, nor to any hotel, restaurant or establishment where poultry is bought for consumption on the premises. [1942] Sec. 4:11-47. Fines; jurisdiction; process; arrest. Any person who violates any of the provisions of this act [Secs. 4:11-35-4:11-49], upon being found guilty, shall pay a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for the first offense, nor less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for the second offense, and not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00) for the third or subsequent offense; if unable to forthwith pay any fine the violator shall be committed to the county jail for a period not exceeding ninety days. The procedure for the recovery of any fine shall be the same as the procedure specified in sections 51:1103 to 51:1-108 of the Revised Statutes. Jurisdiction of all cases arising out of violations of the provisions of this act is hereby conferred upon all justices of the peace, judges of the city criminal courts, police judges and recorders located in the county in which such violations are committed. In any proceeding process shall be the same as that provided for in said sections 51:1-103 to 51:1-108, and any weights and measures officer shall have the power to arrest any violator without warrant where there is a violation within his view and conduct him to a court having jurisdiction in the municipality where the arrest is made or the violation committed. [1942] Sec. 4:11-48. Issuing agents; disposition of moneys collected. The superintendent of the department shall designate county and municipal superintendents of weights and measures as issuing agents through whom the licenses, license plates and certificates provided for in this act [Secs. 4:11-35-4:11-49] may be issued to applicants in their respective counties and municipalities. All moneys collected by the said county or municipal superintendents shall be transmitted to the State superintendent, on or before the twenty-fifth day of the month following the date of issue. The moneys shall thereupon be turned over to the State Treasurer who shall make distribution thereof on the dates and in the manner provided for in section 51:8-13 of the Revised Statutes. [1942] Statutes Annotated, Title 4, Ch. 12, Art. 2-Milk and Cream. Sec. 4:12-41.2. Test glassware; inspection charge; markings; methods; approval of installation of laboratory equip ment. No person, nor any employee of such person, shall use in the determination of the butter fat content of milk or cream any test glassware, or centrifuges except such as conform to the requirements of the United States Bureau of Standards and which have been inspected, tested and approved by the director [director of New Jersey agricultural experiment station.1]. For each inspection the director shall have the right to make a reasonable charge, not in excess of five cents ($0.05) per item. Every piece of test glassware inspected by the director and found to be correct shall be marked by the director with the letters "S. G. N. J." (Standard Glassware New Jersey) and promptly returned to the owner or disposed of as directed, and the use of such glassware not bearing the letters "S. G. N. J." shall constitute a violation of this act [Secs. 4:12-41.1-4:12-41.24]. No method other than the "Babcock" test or the "Gerber" test shall be used in determining the butter fat percentage of milk or cream until such test has been approved by the director. Every installation of laboratory equipment to be used in determining the butter fat content of milk or cream shall be inspected and approved by the director. The use of an unapproved installation is a violation of this act. [1943] 1 Now Secretary of Agriculture. See Sec. 4:12-41.25, page 667; powers and duties of Director transferred to Secretary of Agriculture. Statutes Annotated, Title 4, Ch. 12, Art. 2-Milk and Cream-Continued. Sec. 4:12-41.5. Persons weighing, approval of; record; duplicate statements and records. No sample of milk or cream taken for the purpose of making a butter fat test, and no weight or measure of milk or cream to be used as a basis of payment under the provisions of this act [Secs. 4:12-41.1-4:12-41.24] shall be taken by any person nor any employee of such person who has not first been approved by the director1 to be competent to weigh and sample milk and cream. Immediately after the milk or cream has been measured a record shall be made showing the date, the producer's name or number, and the weight or volume of milk or cream received, and such record shall be available to the director at all reasonable times and each producer of said milk or cream shall upon request within twenty-four hours following each daily delivery be furnished a duplicate statement giving the date and the weight or volume of milk or cream delivered, and in addition the person receiving the milk shall furnish to each producer a record of the daily weight or volume of milk or cream received and the test thereof for each period of delivery. Such period of delivery shall not exceed sixteen days and the statement required to be furnished to producers shall be furnished within six days after the end of such period of delivery. If in the opinion of the director it will effectuate the purpose of this act he may require an individual licensee to furnish each producer with a duplicate record of the weight or volume of milk or cream received immediately following each delivery of such milk or cream. [1943] 1 See footnote following Sec. 4:12-41.2, page 665. Sec. 4:12-41.9. Type of weigh tank or container. No person receiving or purchasing milk or cream on the basis of its butter fat content shall use a weigh tank or container from which the butter fat sample is taken, that has any partition, division or strainer which may divide, in any way either vertically or horizontally, into more than one section or compartment the volume of milk or cream from which such sample is taken. The contents of such weigh tank or container shall be agitated prior to sampling in a manner approved by the director1 to insure the taking of an accurate and representative sample. [1943] 1 See footnote following Sec. 4:12-41.2, page 665. Sec. 4:12-41.11. Underreading, overreading or manipulating test; falsifying records. No person, nor any employee of such person, shall underread, overread or in any way manipulate any approved butter fat test so that other than the true butter fat percentage is obtained; and it shall also be unlawful for any person or any em ployee of such person to falsify the record of any such butter fat test. [1943] Sec. 4:12-41.12. Underreading, overreading or manipulating weighing or measuring device; falsifying records. No person, nor any employee of such person, shall underread, overread or in any way manipulate any weighing or measuring device so that other than the true weight or measure of the milk or cream purchased is obtained; and it shall also be unlawful for any person, or any employee of such person to falsify the record of any such weight or measure. [1943] Sec. 4:12-41.13. Correct weights, measures and test required. No person purchasing milk or cream on the basis of its butter fat content shall use any weight, measure or butter fat test thereof other than the correct weight, measure, or butter fat test; nor shall such person have in his possession any inaccurate, defective or untrue weighing or measuring device; nor shall any such person make any misrepresentation as to any weight, measure or test. If investigation discloses tampering with samples taken for butter fat testing, the license of the sampler or tester charged with the proper care of such samples shall immediately be revoked or suspended by the director.1 [1943] 1 See footnote following Sec. 4:12-41.2, page 665. Sec. 4:12-41.15. Rules and regulations. The director1 is hereby empowered to promul gate such rules and regulations not inconsistent with the provisions of this act [Secs. 4:12-41.1— 4:12-41.24] as he may deem necessary for its enforcement. [1943] 1 See footnote following Sec. 4:12-41.2, page 665. Sec. 4:12-41.19. Penalties for violations. Any employee of any person buying milk or cream on the basis of the amount of butter fat contained therein, or any person testing milk or cream for percentage of butter fat violating anv of the provisions of this act [Secs. 4:12-41.1-4:1241.24], upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500.00) or be imprisoned in the county jail for not less than ten days or more than ninety days. Any person buying or paving for milk or cream on the basis of the butter fat contained therein, violating any provisions of this act, upon conviction thereof shall be fined in the sum of one hundred dollars ($100.00) or be imprisoned in the county jail for not less than ten nor more than ninety days for the first offense and in the sum of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or be imprisoned in the county jail for not less than sixty days nor more than six months for each subsequent offense. [1943] Sec. 4:12-41.25. Powers and duties of director of New Jersey Agricultural Experiment Station transferred to Department of Agriculture. The functions, powers and duties charged to the director of the New Jersey Agricultural Experiment Station by "An act concerning the purchasing, buying or receiving of milk or cream on the basis of the butter fat content thereof; regulating the testing, sampling and weighing of the same; requiring permits and licenses and the keeping of records in connection therewith, defining the powers and duties of the director of the New Jersey Agricultural Experiment Station; providing penalties for violation of the provisions thereof, supplementing Title 4 of the Revised Statutes, and repealing article two of chapter twelve of Title 4 of the Revised Statutes," approved April seventh, one thousand nine hundred and forty-three (P.L. 1943, c. 100), all appropriations made or to be made available to him and the personnel employed by him in the performance of such functions, powers and duties are transferred to the Department of Agriculture and shall be exercised by the Secretary of Agriculture. [1948] 1 Sections 4:12-41.1 to 4:12-41.24. Sec. 24:10-129. Containers for wholesale or quantity sales; retail sales. Cans for wholesale or quantity sale of goat milk may be the standard ten gallon cans prescribed by law for cow milk or may be of similar type of one, three or five gallon capacity. Retail or small quantity sales may be made in glass bottles or in sound, durable, single use wood pulp containers. [1938] Sec. 24:10-133. State board of health to approve rules and regulations of municipalities or any board. No municipality or any board or other authority thereunder shall adopt or enact any rule, regulation or ordinance with respect to the production, handling or sale of goat milk without first submitting such matter, in the form prepared for passage, to the State Board of Health and receiving its written approval. [1938] Sec. 24:10-135. Penalties for violations. Any person violating any of the provisions of this act [Secs. 24:10-104-24:10-136] shall be liable to a penalty of not less than twenty-five dollars ($25.00) for the first offense and fifty dollars ($50.00) for any subsequent offense, which penalty shall be recovered in an action of debt in the name of the Department of Health of the State of New Jersey or other body exercising the powers thereof, as the case may be. [1938] Statutes Annotated, Title 24, Ch. 18-"Uniform Narcotic Drug Law." Sec. 24:18-10. Enforcement. It is hereby made the duty of the state department of health, its officers, agents, inspectors and representatives, and of all peace officers within the state, and of all county prosecutors, to enforce all provisions of this chapter [Secs. 24:18-1 to 24:18-49], except those specifically delegated, and to co-operate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic drugs. [1933] Sec. 24:18-34. Marking requirements. Whenever a manufacturer sells or dispenses a narcotic drug and whenever a wholesaler sells and dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind and form of narcotic drug contained therein. [1933] Sec. 48:2-20. Testing appliances; fees. The board [board of public utility commissioners] may: a. Provide for the examination and test of any and all appliances used for the measuring of any product or service [gas, electricity, water, etc.] of a public utility; b. By its agents, experts or examiners, enter upon any premises occupied by a public utility for the purpose of making the examinations and tests. provided for in this chapter [Secs. 48:2-1-48:252] and to set up and use on such premises any apparatus and appliances necessary therefor; c. Fix the fees to be paid by any consumer or user of any product or service of a public utility who may apply to the board for such examination or test to be made. Any consumer or user may have any such appliance tested upon the payment of the fees fixed by the board. If the appliance be found defective or incorrect to the disadvantage of the consumer or user such fees shall be repaid to him by the public utility. [1911] Statutes Annotated, Title 48, Ch. 2, Art. 2-Public Utilities-Continued. Sec. 48:2-25. Rules and regulations; standards; meters. The board [board of public utility commissioners] may, after hearing, by order in writing: a. Fix just and reasonable standards, classifications, regulations, practices, measurements or service to be furnished, imposed, observed, and followed thereafter by any public utility; b. prescribe reasonable regulations for examination and test of the product or service and for the measurement thereof; c. Establish reasonable rules, regulations, specifications and standards, to secure the accuracy of all meters and appliances for measurements. [1911] Statutes Annotated, Title 2, Ch. 103-Misdemeanors. Sec. 2:103-5. High misdemeanors; punishment when not otherwise prescribed. Any person found guilty of any crime which by any statute is declared to be a high misdemeanor, and for which no punishment is specifically provided, shall be punished by a fine not exceeding two thousand dollars, or by imprisonment, with or without hard labor, as the court may direct, for a term not exceeding seven years, or both. [1898] Sec. 2:103-6. Misdemeanors; punishment when not otherwise prescribed. Any person found guilty of any crime which by any statute is declared to be a misdemeanor, and for which no punishment is specifically provided, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment, with or without hard labor, as the court may direct, for a term not exceeding three years, or both. [1898] Statutes Annotated, Title 2, Ch. 107-False Adver tising. Sec. 2:107-1. Unlawful acts; penalty. Any person who, with intent to sell or otherwise dispose of merchandise, securities, service or anything offered by such person, directly or indirectly, to the public for sale or distribution, or with intent. to increase the consumption thereof, or to induce the public in any manner to enter into any obliga tion relating thereto or to acquire title thereto, or an interest therein, shall make, publish, disseminate, circulate or place before the public, or cause, directly or indirectly to be made, published, dis seminated, circulated or placed before the public, in this state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding the merchandise, securities, service or anything sc offered to the public, which advertisement contain any assertion, representation or statement of fac which is untrue, deceptive or misleading, shall be guilty of a misdemeanor, and punished by a fin not exceeding one thousand dollars, or imprison ment in the county jail for a period not exceeding one year, or both. [1913] |