New_jersey Statute | Act | Code |Title 04 Agriculture And Domestic Animals| US Code - US Statute

4:12-19. Penalty for conducting business without license A person who shall conduct the business of buying milk or cream for the purposes set forth in section 4:12-2 of this Title, without being licensed so to do, shall be liable to a penalty of twenty-five dollars ($25.00) for the first offense and fifty dollars ($50.00) for the second and each subsequent offense, each day@s receipts of milk to constitute a separate violation, to be sued for and recovered in a civil action by and in the name of the department. Amended by L.1945, c. 295, p. 847, s. 2; L.1953, c. 5, p. 37, s. 29. 4:12-19.1. Request for statement relieving dealer, indemnitor or surety of responsibility forbidden It shall be unlawful for any person to request a producer to sign any statement, affidavit, assignment, or waiver of any kind which has for its purpose or intent to relieve to any extent whatsoever a dealer, indemnitor or surety company of its full financial responsibility under this article. L.1949, c. 249, p. 803, s. 8. 4:12-41.1. Definitions The following words when used in this act, unless the context otherwise requires, shall have the following meanings: (a) ~Director~ --The Director of the New Jersey Agricultural Experiment Station or his authorized representative. (b) ~Person~ --Any individual, partnership, corporation, or association purchasing milk or cream on the butter fat basis; any individual, partnership, corporation or association testing milk or cream for its butter fat content when the results of such test are to be used in official inspection or for public record. (c) ~Butter fat test~ --The determination of the butter fat content of milk or cream by any method approved by the director when the results of such determination are to be used in official inspection or as a matter of public record, or as the basis of payment for milk or cream purchased. (d) ~Butter fat content~ --The percentage of fat in milk or cream determined by any butter fat test approved by the director when such percentage of fat is to be used in official inspection, or as a matter of public record, or as the basis of payment for milk or cream purchased. L.1943, c. 100, p. 323, s. 1. 4:12-41.2. Testing equipment; methods; approval 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. 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. 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. L.1943, c. 100, p. 324, s. 2. 4:12-41.3. Permit to buy on butter fat basis Every person receiving or buying milk or cream on the basis of the butter fat content therein shall be required to hold a permit to purchase the same. Application for such permit shall be made to the director on a form prescribed and furnished by him; such application to be accompanied by a fee of five dollars ($5.00). Upon approval of the application the director shall issue to the applicant, a permit which shall expire one year from the date of its issuance; provided, however, that it may be revoked at any time by the director if the provisions of this act are violated. The requirements of this section shall not apply to individuals, hotels, restaurants and boarding houses buying milk or cream for their own use. L.1943, c. 100, p. 325, s. 3. 4:12-41.4. License to make butter fat test No person nor any employee of any person shall make a butter fat test unless he shall first have procured a license from the director authorizing him to make such test. Application for such license shall be made to the director on a form prescribed and furnished by the director. The applicant shall be examined by the director for the purpose of determining his knowledge of, and his ability to make, such a test accurately and shall pay an examination fee of two dollars ($2.00). If such applicant shall pass such examination satisfactorily and shall satisfy the director as to his moral character, he shall receive such license to test milk and cream for butter fat upon the payment of the further sum of one dollar ($1.00). The license shall expire at the end of the fiscal year in which it was issued, but may be revoked or suspended by the director at any time because of the licensee@s incompetency or proof of the violation of any provision of this act. Such license shall be renewable annually upon application, without examination, upon the payment of a renewal fee of one dollar ($1.00). L.1943, c. 100, p. 325, s. 4. 4:12-41.5. Persons taking sample, 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 shall be taken by any person nor any employee of such person who has not first been approved by the director 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. L.1943, c. 100, p. 325, s. 5. 4:12-41.6. Inspection sample, taking and retaining; inspection of sample Any person purchasing milk or cream and paying for the same on the basis of the percentage of butter fat therein shall take and retain on his premises a representative part of each lot of milk purchased. The representative parts taken from the several lots of milk purchased from any one producer shall be combined into a composite sample. The composite sample together with a preservative approved by the director shall be placed in clean dry bottles of approved design. Such composite sample shall be plainly marked with the name or number of the producer represented and shall be of such size that the residue for check testing shall be sufficient to make two additional Babcock tests. Protection shall be provided against extremes of temperature and the entrance or loss of moisture, and at all times, except the interval during which milk or cream to be sampled is being received, said composite samples must be stored below fifty-five degrees Fahrenheit. The licensed sampler shall be responsible for the preparation and storage of such composite samples at all times except when they are being tested by the licensed tester. Before a portion of a composite sample shall be taken for testing the contents of the container from which it is drawn shall be so treated that the butter fat is dispersed uniformly throughout the sample. Said composite sample shall cover a period of not over sixteen days and shall be tested within two days following the close of the period covered by such sample, and the producer represented by said composite sample shall be furnished a written or printed statement of the result thereof within four days after the day upon which the test was performed; said statement shall specify the period covered by the composite sample, and the record of daily deliveries specified in section five may be made a portion of the statement. After such composite samples have been tested they shall be held intact, properly refrigerated and in a condition suitable for check testing, until the close of the second subsequent test period, and the director shall have the authority to examine and analyze such composite samples for the purpose of determining whether the percentages of butter fat have been correctly reported. L.1943, c. 100, p. 326, s. 6. 4:12-41.7. Permission to use fresh samples as basis of payment; taking and testing fresh samples; preservation Any person licensed under this act to purchase milk on a butter fat basis may make joint application with the producers from whom the milk is purchased for permission to use fresh samples as a basis of payment, which permission may be granted at the discretion of the director. When fresh samples are used, a representative sample shall be taken from at least two daily deliveries each half month of the several lots of milk delivered by each producer; such fresh samples shall be taken on scattered days during the testing period, the days to be selected by the licensed sampler who draws the samples, each sample to be of such size that the residue for check tests will be sufficient to make duplicate Babcock tests. Before a portion of such fresh sample shall be taken for testing, the contents of the container from which it is drawn shall be so treated that the butter fat therein is evenly dispersed. Fresh samples shall be tested within a period of twenty-four hours after being drawn, and shall be properly refrigerated at all times prior to testing. Within six days after the close of each testing period a written or printed statement of the average of the several tests for the period, and specifying the period covered, shall be furnished to the producers of the milk represented by such fresh samples. After such fresh samples have been tested their residues shall be stabilized with a preservative approved by the director, stored in bottles of approved design, plainly marked with the name or number of the producer represented, and shall be properly refrigerated and available for check testing for a period of not less than ten days after the original test. L.1943, c. 100, p. 327, s. 7. 4:12-41.8. Place of butter fat tests All samples of milk or cream that are taken for the purpose of determining the per centum of butter fat to be used as a basis of payment for milk or cream purchased shall at all times remain on the premises where taken, except that a sufficient amount may be transferred to approved test bottles and the butter fat tests be completed at approved laboratories with the director@s written permission. When tests are made at such approved laboratories each fresh or composite sample is to be treated to disperse the butter fat content evenly throughout the sample and two test bottles are to be charged on the premises where the fresh or composite sample was originally taken. Unless such permission is granted, the butter fat tests shall be completed on the premises where the samples were originally taken. L.1943, c. 100, p. 328, s. 8. 4:12-41.9. Type of weigh tank or container; manner of agitating 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 director to insure the taking of an accurate and representative sample. L.1943, c. 100, p. 329, s. 9. 4:12-41.10. Treatment of sample forbidden No sample of milk or cream taken for butter fat testing shall be treated in any way so as to cause it to test higher or lower than the original milk or cream from which it was taken. L.1943, c. 100, p. 329, s. 10. 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 employee of such person to falsify the record of any such butter fat test. L.1943, c. 100, p. 329, s. 11. 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. L.1943, c. 100, p. 329, s. 12. 4:12-41.13. Correct weights, measures and tests required; revocation of licenses for tampering 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. L.1943, c. 100, p. 329, s. 13. 4:12-41.14. Entering premises for inspection; examination of books and records The director, or any of his employees, agents or representatives shall have the authority at all reasonable hours to enter and inspect the premises of any person purchasing milk and cream and paying for the same on the basis of the percentage of butter fat contained therein and shall also have the authority at all reasonable hours to examine the books and records of any such person. L.1943, c. 100, p. 330, s. 14. 4:12-41.15. Rules and regulations The director is hereby empowered to promulgate such rules and regulations not inconsistent with the provisions of this act as he may deem necessary for its enforcement. L.1943, c. 100, p. 330, s. 15. 4:12-41.16. Duplicate statement requirements and provisions of section 4:12-41.9 suspended during world war In view of the critical shortage of materials resulting from the present world war, the operation of the provision of section five relating to the furnishing of duplicate daily weight statements to producers and all the provisions of section nine of this act shall be suspended until six months after the President of the United States shall proclaim that hostilities have terminated, or for such further period as the director may find necessary upon the basis of the availability of necessary materials and equipment. L.1943, c. 100, p. 330, s. 16. 4:12-41.17. Hindering or molesting director or representatives prohibited No person shall in any way or manner hinder or molest the director or any of his employees, agents or representatives in the performance of his or their duties under a penalty of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). L.1943, c. 100, p. 330, s. 17. 4:12-41.18. Revocation or suspension of licenses The director may revoke or suspend any license or permit issued to any person under the provisions of this act, after a hearing, upon at least five days written notice, stating the grounds for the revocation or suspension, which may be served personally upon or sent by registered mail to such person, for incompetency or for any dishonest, deceptive or fraudulent practice. L.1943, c. 100, p. 330, s. 18. 4:12-41.19. Violations of act 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 any of the provisions of this act, 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 paying 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. L.1943, c. 100, p. 331, s. 19. 4:12-41.20. Procedure to recover penalty; actions; jurisdiction The procedure for the recovery of any penalty incurred under the provision of this act shall be the same as the procedure specified in article one of chapter twenty-three of this Title and section 4:23-17 of the Revised Statutes. All actions shall be instituted in the name of the State of New Jersey by the director or any of his employees, agents or authorized representatives. Jurisdiction of all cases arising out of violations of the provisions of this act is hereby conferred upon the municipal courts in the municipality in which such violations are committed. L.1943, c. 100, p. 331, s. 20. Amended by L.1953, c. 5, p. 37, s. 30. 4:12-41.21. Partial invalidity Should any section, paragraph, clause or sentence of this act be declared unconstitutional or invalid, for any reason, the remainder of the said act shall not be thereby affected. L.1943, c. 100, p. 331, s. 21. 4:12-41.22. Fiscal period for permits and licenses All permits and licenses required to be issued by this act shall be issued for a fiscal period ending June thirtieth of each year. L.1943, c. 100, p. 332, s. 22. 4:12-41.23. Repeal Article two of chapter twelve of Title 4 of the Revised Statutes is repealed. L.1943, c. 100, p. 332, s. 23. 4:12-41.24. Effective date This act shall become effective July first, one thousand nine hundred and forty-three. L.1943, c. 100, p. 332, s. 24. 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. L.1948, c. 458, p. 1883, s. 1. 4:12-41.26. Effective date This act shall take effect January first, one thousand nine hundred and forty-nine. L.1948, c. 458, p. 1883, s. 2.

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