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4:3-2. Rules; problems near populous areas
The department of agriculture shall establish rules and regulations for carrying into effect the provisions of this article. Pursuant to such rules the department shall devote particular attention to the specific problems in connection with poultry keeping in areas adjacent and contiguous to the large centers of population in this state, and shall adopt such measures for the proper safeguarding of the industry.
4:3-11.10. Applicability
This act shall apply to the marketing of eggs to consumers, institutional consumers and retailers, and to other purchasers in accordance with grades established therefor as provided hereunder.
L.1965, c. 94, s. 1, eff. Jan. 1, 1966.
4:3-11.11. Definitions
As used in this act, unless the context clearly requires a different construction:
(a) ~Eggs~ means eggs in the shell that are the product of domesticated chickens.
(b) ~Consumers~ means any person who acquires eggs for consumption in his own household and not for resale.
(c) ~Institutional consumer~ means a restaurant, hotel, boarding house, or any other business, facility, or place in which eggs are prepared or offered as food for use by its patrons, residents, inmates or patients.
(d) ~Retailer~ means any person who markets eggs to ultimate consumers.
(e) ~Market~ means sell, offer for sale, give, barter, exchange, or distribute in any manner.
(f) ~Person~ means any individual, producer, firm, partnership, exchange, association, trustee, receiver, corporation, or any other entity and any member, officer, employee or agent thereof.
(g) ~Grade~ means specifications defining the limits of variation in quality of eggs in such a manner as to differentiate among classes of eggs, and the letter, number, or other symbol by which reference thereto may be made.
(h) ~Standard~ means specifications of the physical characteristics of any or all of the component parts of individual eggs.
(i) ~Secretary~ means the Secretary of the Department of Agriculture of the State of New Jersey or his duly authorized deputy or agent.
(j) ~State board~ means the State Board of Agriculture of the Department of Agriculture of the State of New Jersey.
L.1965, c. 94, s. 2, eff. Jan. 1, 1966.
4:3-11.12. Establishment of standards, grades and size-weight classes; rules and regulations
The State board shall, by rules and regulations, establish standards, grades, and size-weight classes, which may be modeled on the standards, grades or size-weight classes developed by the United States Department of Agriculture, for eggs marketed in this State.
L.1965, c. 94, s. 3, eff. Jan. 1, 1966.
4:3-11.13. Marking containers; signs and devices; term ~fresh eggs~ ; fraudulent or misleading representations; letters and numerals
(a) The container in which any eggs are marketed in this State shall bear prominently on the outside portion thereof:
(1) The grade of the eggs.
(2) The size-weight class of the eggs.
(3) The word ~eggs.~
(4) The numerical count of the contents.
(5) The name and address of the packer or distributor.
(b) Eggs marketed in any manner other than in containers labeled in accordance with section 4(a) shall be kept in full view of the prospective purchaser and shall have adjacent thereto and prominently displayed, a sign or similar device bearing the grade and size-weight class of the eggs. Any such sign or device shall bear letters and numbers of such character as shall be clearly visible to prospective purchasers.
(c) The term ~fresh eggs,~ or any legend, symbol, picture, representation or device declaring or tending to convey the impression that the eggs are fresh may be applied only to eggs meeting the requirements of grade or grades established by the State board for fresh eggs.
(d) No label, container, display, or advertisement of eggs shall contain incorrect, fraudulent, or misleading representations. No person shall advertise eggs for sale unless the unabbreviated grade and size-weight class are conspicuously designated in block letters at least half as high as the tallest letter in the word ~eggs~ or the tallest figure in the price, whichever is larger.
(e) Letters and numerals used to designate the grade and size-weight class of eggs marketed in containers shall be in clearly legible, bold faced type at least 3/8 inch in height. Cartons, cases, or other containers holding 2 or more containers of eggs shall also be lettered and numbered in accordance with the provisions of this paragraph. Any carton, case, or other container which is reused shall upon such reuse have obliterated or removed therefrom any labels, lettering, numerals, or other symbols or representations not applicable to the contents upon such reuse.
L.1965, c. 94, s. 4, eff. Jan. 1, 1966.
4:3-11.14. Delivery of invoice to retailer or institutional consumer; contents; filing
Any person marketing eggs to a retailer or institutional consumer shall furnish to such purchaser at the time of delivery of the eggs an invoice showing the date of sale, name and address of the seller, name of purchaser, quantity, grade and size-weight class of the eggs delivered. The invoice or a copy thereof shall be kept on file by the seller and the purchaser at their respective places of business for a period of at least 30 days.
L.1965, c. 94, s. 5, eff. Jan. 1, 1966.
4:3-11.15. Temperature and humidity for keeping eggs; clean packaging; sanitary regulations; applicability of other laws
(a) Any person assembling, transporting, marketing, or processing eggs for marketing shall keep the eggs at a temperature not higher than 60 degrees Fahrenheit and in a relative humidity of not less than 70%. In addition, any container, including the packaging material therein or associated therewith, shall be clean, unbroken, and free from foreign odor.
(b) The State board shall promulgate rules and regulations, providing for the keeping, processing, transporting, and sale of eggs under sanitary conditions.
(c) Nothing in this act or in any rules or regulations of the State board shall be construed to exempt any persons or premises from the application thereto of any laws otherwise applicable and relating to the operation of establishments or facilities for the storing, transporting, sale, distribution, preparation, or serving of food.
L.1965, c. 94, s. 6, eff. Jan. 1, 1966.
4:3-11.16. Stop sale orders
If, after inspection, the secretary determines that any eggs are being offered, displayed, stored, processed, or transported in violation of this act, the secretary may issue a stop sale order as to such eggs directed to the owner or custodian thereof. Such order shall specify the reason for its issuance and shall detail the character of the violation. No eggs to which a stop sale order applies shall be marketed until and unless the order has been withdrawn. Such order shall continue in effect until the law has been complied with and such eggs are released in writing by the secretary or until such stop sale order is otherwise legally terminated, and in either case, upon the payment of the costs and expenses incurred in connection therewith.
L.1965, c. 94, s. 7, eff. Jan. 1, 1966.
4:3-11.17. Confiscation of eggs
8. Any eggs marketed in violation of any provision of this act may be confiscated by a summary proceeding instituted by the secretary. The Superior Court or the municipal court having jurisdiction in the municipality in which such eggs are found shall have jurisdiction to hear and determine such proceedings.
L.1965,c.94,s.8; amended 1991,c.91,s.154.
4:3-11.18. Complaint; warrant
Upon the filing of the verified complaint the court may issue a warrant directed to the sheriff or a constable of the county or other peace officer, commanding such officer to seize and take in his possession the eggs 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 eggs, to appear at the time and place therein specified.
L.1965, c. 94, s. 9, eff. Jan. 1, 1966.
4:3-11.19. Confiscation and disposal in event of violation; disposition of proceeds of sale
If upon the hearing it shall appear that the marketing of the eggs was in violation of any of the provisions of this act, they shall be confiscated and disposed of by destruction or sale as the court may direct, but no such eggs shall be sold contrary to any provision of this act. The proceeds of any sale, less the legal costs and charges, shall be paid into the State treasury.
L.1965, c. 94, s. 10, eff. Jan. 1, 1966.
4:3-11.20. Delivery of eggs to owner for sale or distribution in compliance with law
In case the eggs seized are of such a character that they may be sold or distributed in compliance with this act, upon the recommendation of the secretary, the court may order such eggs delivered to the owner upon the payment of the costs of the proceeding and the execution and delivery to the secretary of a good and sufficient bond that such eggs shall not be sold or otherwise disposed of contrary to the provisions of this or any other law of this State.
L.1965, c. 94, s. 11, eff. Jan. 1, 1966.
4:3-11.21. Inspection and examination of eggs, equipment, facilities or records
The secretary acting by any duly authorized officer, employee, or agent, may enter on or into any premises or any vehicle wherein eggs are bought, stored, sold, offered for sale, processed, or transported, or wherein the Department of Agriculture has reason to believe that any such activity is carried on, in order to inspect and examine eggs, egg containers, and any equipment, facilities or records pertinent to the conduct of activities subject to this act or rules or regulations implementing the same, or to ascertain the state of compliance with any order issued by the Department of Agriculture pursuant to this act.
L.1965, c. 94, s. 12, eff. Jan. 1, 1966.
4:3-11.22. Rules and regulations
The State board in accordance with the ~Administrative Procedure Act~ (P.L.1968, c. 410, C. 52:14B-1 et seq.) may adopt and promulgate, from time to time, such rules and regulations as may be necessary to administer and implement this act. Said rules and regulations shall have the force and effect of law.
L.1965, c. 94, s. 13, eff. Jan. 1, 1966. Amended by L.1972, c. 39, s. 1, approved May 25, 1972.
4:3-11.23. Violations, penalties; enforcement
14. Any person who violates any provision of this act, or the rules and regulations issued pursuant thereto, shall be liable to a penalty of not less than $50.00 nor more than $100.00 for the first offense and a penalty of not less than $100.00 nor more than $200.00 for a second offense occurring within one year at the same location. Persistent violators who commit a third or subsequent offense at any individual location within one year shall be liable to a penalty of not less than $300.00 nor more than $500.00 for each such offense. Every day upon which a violation occurs at the same individual location shall be considered a separate violation. Penalties set forth in this act shall be sued for by and in the name of the secretary and shall be recoverable with costs. The Superior Court and every municipal court shall have jurisdiction to enforce the provisions of this act. Any proceedings for a violation of this act may be brought in the municipality where the violator resides, has a place of business or principal office or where the act or omission or part thereof complained of occurred. The proceedings shall be summary in nature and in accordance with ~the penalty enforcement law~ (N.J.S.2A:58-1 et seq.).
L.1965,c.94,s.14; amended 1972, c.39, s.2; 1991,c.91,s.155.
4:3-11.23a. Violations; hearing; penalty
Upon receiving any information of a violation of any provision of P.L.1965, c. 94 (C. 4:3-11.10 et seq.) or of this act or of any rule or regulation adopted thereunder, the secretary or any agent designated by him for such purpose, is empowered to hold hearings upon said violation and, upon finding the violation to have been committed, to assess a penalty against the violator in such amount, not to exceed the maximum limit set forth in section 14 (C. 4:3-11.23), as the secretary deems proper under the circumstances. If the violator pays such penalty as settlement, no further prosecution shall be had upon that violation. Payment of such a penalty shall be deemed equivalent to a conviction for violation of this act.
L.1972, c. 39, s. 3, approved May 25, 1972.
4:3-11.24. Injunctive relief
The secretary may institute an action in the Superior Court for injunctive relief to prevent and restrain any violation of this act or of any rule or regulation adopted pursuant to the act.
L.1965, c. 94, s. 15, eff. Jan. 1, 1966.
4:3-11.25. Other remedies
The institution of proceedings for the application of any remedy available pursuant to this act, or the issuance of any order on account thereof, or the imposition of any fine or penalty pursuant to this act shall not operate as a bar or limitation to the application of any other remedy available pursuant to this act or pursuant to any other applicable law.
L.1965, c. 94, s. 16, eff. Jan. 1, 1966.
4:3-11.26. Repeal
Sections 4:3-3 to 4:3-11 of the Revised Statutes, inclusive, and ~An act regulating the buying or receiving, and selling of shell eggs for human consumption; providing restrictions concerning the improper use of the name, in whole or in part, of the State of New Jersey, or of any county or municipality thereof, for the purpose of source identification; establishing a registry for trade names and labels for eggs to be marketed for the economic protection of the egg industry; providing penalties for violations; and providing for an appropriation,~ approved May 7, 1953, are repealed.
L.1965, c. 94, s. 17, eff. Jan. 1, 1966.
4:3-11.27. Cooperation by secretary with other agencies or associations
The secretary may cooperate with and enter into agreements with agencies of this and other states, the Federal Government and private associations in order to carry out the purposes of this act and the act of which this act is amendatory and supplementary.
L.1972, c. 39, s. 4, approved May 25, 1972.
4:3-11.28. Severability
The provisions of this act are severable, if any provision, or application of any provision, of this act or the act of which this act is amendatory and supplementary is held invalid by any court, the holding or judgment shall not affect the remaining provisions or applications of the provisions thereof.
L.1972, c. 39, s. 5, approved May 25, 1972.
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