N.J. Stat. tit. 4, ch. 12

N.J. Stat. tit. 4, ch. 12
in effect

N.J. Stat. § 4:12-1 Definitions

As used in this article: "Secretary" means the Secretary of Agriculture. "Station" or "milk gathering station" includes any established office when the business of buying milk or cream as provided for in this article, is carried on either with or without a place or premises in connection therewith for the physical handling of milk or cream, if such station or office is a suitable place for keeping such records and accounts and posting such notices and statements as are required or may be ordered under the provisions of this article, and for keeping for inspection, as hereinafter provided, a copy of the license under which the business is conducted. "Dealer" means any person engaged in the business of buying or receiving milk or cream from a producer of this State for the purpose of shipping or for sale, resale or manufacture. "Producer" means any person engaged in the business of producing milk or cream in this State and any agricultural co-operative association organized pursuant to the provisions of chapter 13 of this Title. "Producer-Creditors," "Producers who have sold milk or cream," shall include any agricultural co-operative association which deals only with its members and is organized pursuant to the provisions of chapter 13 of this Title. "Milk" means the lacteal secretion obtained from 1 or more cows or goats and includes fluid milk and cream. Amended by L.1945, c. 295, s. 1, eff. May 3, 1945; L.1949, c. 249, p. 799, s. 1; L.1959, c. 81, p. 206, s. 1, eff. June 9, 1972.

N.J. Stat. § 4:12-1.1 Applicability of act

The provisions of this act shall apply to licenses issued for the license year commencing July 1, 1959, and thereafter. L.1959, c. 81, p. 207, s. 2, eff. June 9, 1959.

N.J. Stat. § 4:12-2 Licensing of dealers who buy for shipment, sale, resale or manufacture

No person, unless exempted by the secretary as provided in this section, shall engage in or carry on the business of buying milk or cream in this state for shipment, sale, resale or manufacture, unless the business is regularly transacted or conducted at an office or station within the state and unless such person is duly licensed as provided in this article. The secretary may, in his discretion, exempt from the provisions of this article any dealers who do not make purchases of milk or cream from more than two producers, or whose total monthly purchases do not exceed two hundred dollars.

N.J. Stat. § 4:12-3 Application for license

A person before engaging in the business of buying milk or cream for the purposes specified in section 4:12-2 of this Title shall, annually on or before June first, file an application and ten dollars ($10.00) license fee with the secretary for a license to transact such business. The application shall state: a. The nature of the business; b. The full name of the applicant, and, if the applicant is a firm or association, the full name of each member thereof; c. The municipality and street number at which the business is to be conducted; and d. Such other facts as the secretary shall prescribe. The applicant shall further satisfy the secretary of his character, financial responsibility and good faith in seeking to engage in such business. Amended by L.1949, c. 249, p. 800, s. 2.

N.J. Stat. § 4:12-4 Bond or deposit for protection of creditors.

4:12-4. A license shall not be issued unless and until the applicant shall file with the secretary a good and sufficient surety bond, executed by a surety company duly authorized to transact business in this State, in a sum not less than one and one-half times the estimated maximum monthly value of the milk or cream to be purchased or received or which may have been purchased or received by the applicant from a producer or producers during the preceding 12 months. The bond shall be approved as to form and sufficiency by the secretary, shall be given to the secretary in the secretary's official capacity and shall be conditioned for the faithful compliance by the licensee with the provisions of this article and for the payment of all amounts due to producers who have sold milk or cream to the licensee, during the period that the license is in force. The applicant may, in lieu of a bond, deposit with the secretary money, or transferable United States Treasury bonds, notes, certificates, bills or other obligations issued or fully and unconditionally guaranteed by the United States Government both as to principal and interest in transferable bearer form, in an amount equal to the sum secured by the bond required to be filed. The money or securities so deposited shall constitute a separate fund and shall be held in trust for, and applied exclusively to, the payment of claims against the licensee making the deposit, arising from the sale of milk or cream to the licensee, and all proceeds from the surety bonds, money or securities shall be distributed to the producer-creditors by the secretary. Amended 1949, c.249, s.3; 1971, c.83, s.1; 2004, c.13, s.2.

N.J. Stat. § 4:12-5 Issuance of license

The secretary shall, upon the compliance with sections 4:12-2 to 4:12-4 of this Title, issue to the applicant a license entitling him to conduct the business of buying milk and cream from producers for the purposes specified in section 4:12-2 of this Title, at an office or station at the place named in the application until July first next following. If application is made subsequent to July first in any year the license shall run until July first next following. A license shall not be issued, however, to any applicant if, during the year preceding the application, a complaint from any producer and seller of milk and cream has been filed with the secretary against the applicant on any ground specified in section 4:12-17 of this Title, and such complaint has been established as true and just to the satisfaction of the secretary after such complaint has been investigated by him in the manner provided in sections 4:12-14 and 4:12-15 of this Title. This paragraph shall not apply to any complaint which has been adjusted to the satisfaction of the secretary. Amended by L.1949, c. 249, p. 801, s. 4.

N.J. Stat. § 4:12-6 § 4:12-6

Every licensee who carries on or conducts business under his license shall post a copy of the license to be furnished by the secretary, in a conspicuous place in or at his place of business, and shall keep it so posted and exposed for inspection by any person who may properly make such inspection.

N.J. Stat. § 4:12-7 Filing of claims by creditors upon default by licensee

Upon default by the licensee in the payment of any money due for the purchase of milk or cream from producers of this state, which payment is secured by a bond or a deposit of money or securities as provided in section 4:12-4 of this title, the creditor may file a verified statement of his claim with the secretary upon a form prescribed by the latter. If the creditor has reduced his claim to judgment, a transcript of the judgment shall also be filed with the secretary. Such statements may be filed at any time during the period of the license for purchases made during such period and within ninety days from the termination of such period.

N.J. Stat. § 4:12-8 Proceedings by secretary to determine amount due each creditor

The secretary shall audit claims properly filed and determine the amounts due all such creditors. After the expiration of ninety days from the termination of a license period or sooner if it appears practicable to do so, the secretary shall, by sale of the securities or by demand upon the surety secure an amount necessary to satisfy all claims properly filed. If the surety shall not make payment upon demand by the secretary, he shall by action recover from the surety the amount necessary to satisfy such claims, which sum shall not exceed the amount of the bond filed. Upon securing moneys available for the satisfaction of such claims in accordance with this section, the secretary shall make distribution to the claimants in accordance with the proofs filed, either ratably, or in full as the case may be. If a creditor has reduced his claim to judgment, the judgment shall be presumptive proof of the amount due him.

N.J. Stat. § 4:12-9 Claims to which bonds, moneys or securities applicable

Every bond given and all moneys or securities deposited pursuant to the provisions of this article shall be applicable to the payment of all claims arising during the license period for which such bond was filed, or moneys or securities deposited. Claims not filed during the license period or within ninety days from the termination of the license period, shall not be received, acted upon or paid and shall not participate in the proceeds of any bond, moneys or securities deposited with the secretary.

N.J. Stat. § 4:12-11 Investigation of adequacy of, and requirement of additional, bond or deposit; payments in lieu thereof

A licensee shall make a verified statement of his disbursements during a period to be prescribed by the secretary, containing the names of the producers from whom such products were purchased and the amount due to said producers. The statement shall be submitted to the secretary when requested by him and shall be in form as prescribed by him. If it appears from such statement or other facts ascertained by him, upon inspection or investigation of the books and papers of the licensee as authorized by sections 4:12-14 and 4:12-15 of this Title, that the security afforded to producers selling milk or cream to the licensee, by the bond executed or deposit made as provided in this article, does not adequately protect said producers, the secretary may require the licensee to give an additional bond or to deposit additional money or securities, to be executed or deposited as provided in this article, in a sum to be determined by the secretary but, such additional requirement as provided under this section shall not exceed $100,000.00. Before making a determination on the requirement of an additional bond, money or securities as provided in this section, the secretary shall hold a hearing if requested in writing by the licensee. In making such determination, the secretary shall consider the volume of milk currently being purchased; indebtedness; assets; accounts payable and receivable; sales trends; and other factors he may consider relevant in determining the financial condition of the licensee. The licensee may in lieu of additional bond or deposit of additional money or securities, as provided under this section, offer and the secretary may approve payment to producers on a more frequent schedule than that provided by law. Amended by L.1949, c. 249, p. 801, s. 5; L.1971, c. 83, s. 2, eff. April 8, 1971.

N.J. Stat. § 4:12-12 Record of purchases and periodical statement thereof to vendor

A proprietor of a milk gathering station shall keep, in such form as the secretary may prescribe, a record of transactions of purchases of milk or cream by him. He shall, at least semimonthly, deliver to each person from whom he receives or purchases milk or cream and in the unit of measure used in computing the amount due therefor, an itemized statement of the several amounts or quantities of such milk or cream so received or purchased at such milk station from such person during the prior half month, or, if statements are delivered more frequently than semimonthly, during the period which has elapsed since the delivery of such last prior statement. If the milk or cream is purchased or received on a butter fat basis, the statements shall include the percentage, or average percentage, of butter fat contained in the milk or cream as determined by tests, periodical or otherwise. A proprietor shall keep a correct account of all the milk or cream daily received or purchased from each person at such milk station, which account shall be open to inspection by such person.

N.J. Stat. § 4:12-13 Posting schedule of prices

The secretary may require a proprietor of a milk gathering station to post in a conspicuous place therein a schedule of the prices being paid for milk or cream, including the premiums paid or deductions made, if any, for milk or cream containing milk fat either in excess of or in lesser amount than the agreed standard. Amended by L.1949, c. 249, p. 802, s. 6.

N.J. Stat. § 4:12-14 Investigation of record of applicant or licensee

The secretary and any of his assistants may investigate, upon the complaint of any interested person, or of the secretary's own motion, the record of any applicant for or holder of a license, or any transaction involving the purchase of milk for shipment as provided in this article, and for such purpose may examine the ledgers, books of account, memoranda or other documents of any applicant or licensee and may take testimony therein under oath. Information relative to the general business of an applicant or licensee, disclosed by such investigation and not relating to the immediate purpose thereof, shall be deemed of a confidential nature by the secretary, his assistants, representatives and employees.

N.J. Stat. § 4:12-15 Hearing by secretary on complaint after notice

When a complaint mentioned in section 4:12-14 of this title is filed with the secretary, he shall attempt to secure an explanation or adjustment, and, failing this within ten days, he shall cause a copy of the complaint, together with a notice of the time and place for a hearing thereon, to be served personally or by mail upon the applicant or licensee. If served by mail, the complaint and notice shall be directed to the applicant or licensee at his place of business, with postage prepaid thereon. Such service shall be made at least seven days before the hearing. At the time and place appointed for the hearing, the secretary, or any of his assistants, shall hear the parties to the complaint, may administer oaths and shall enter in the records of the office of the secretary a decision either dismissing the complaint or specifying the facts which he deems established on the hearing.

N.J. Stat. § 4:12-16 Application for investigation by either party to transaction

If either party to the transaction of purchase and sale of milk between a milk producer or a milk seller and a licensed buyer of milk shall be dissatisfied relative to the transaction, he may apply to the secretary in writing, within sixty days after the delivery of the milk to the licensed buyer, for an investigation. The secretary shall treat such application as a complaint and shall cause a full investigation of the transaction complained of to be made either by himself or one of his assistants, in the manner provided in sections 4:12-14 and 4:12-15 of this title.

N.J. Stat. § 4:12-17 Grounds for refusal or revocation of license

The secretary may decline to grant or may revoke a license when he is satisfied of the existence of the following causes or any one of them: a. Where a money judgment has been secured by any milk producer and has been entered against the applicant or licensee and remains unsatisfied of record; b. Where there has been a failure to make prompt settlement with persons from whom he buys milk; c. Where there have been combinations to fix prices; d. Where there has been a continual course of dealing of such nature as to satisfy the secretary of the inability of the applicant or licensee to conduct the business properly or of an intent to deceive or defraud creditors; e. Where there has been a continued and persistent failure to keep records required by the secretary or by law; or where there is a refusal on the part of the licensee to produce books, accounts or records of transactions in the carrying on of the business for which his license was granted; f. Where there has been a continued and persistent failure to prepare and deliver any statements or to post any schedules required by law to be prepared and delivered or posted. Amended by L.1949, c. 249, p. 803, s. 7.

N.J. Stat. § 4:12-18 Review by court of refusal or revocation of license

The action of the secretary in refusing to grant or in revoking a license shall be subject to review by the Superior Court in a proceeding in lieu of prerogative writ. If a proceeding is begun to review the revocation of a license, the license shall be deemed to be in full force and effect until the final determination of such proceeding, subject, however, to the order of said court. Amended by L.1953, c. 5, p. 36, s. 28.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 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.

N.J. Stat. § 4:12-42 § 4:12-42

Where milk producers have joined a duly incorporated milk producers' association in this state and written request has been made by the individual milk producer to the milk dealer or milk company to whom they sell their milk, authorizing said milk dealer or milk company to make deductions of one cent (or specified amount) per one hundred pounds of milk delivered to the milk dealer's or milk company's individual creamery or milk receiving station located in this state, and when requests for such deductions have been made by milk producers to the number of seventy-five per cent or more of the total number of milk producers who deliver their milk to milk dealer's or milk company's individual receiving plant located in this state, in such events all milk dealers or milk companies to whom this request has been made (and authorization has been given in writing by the individual milk producer) shall make said deductions and forward all sums so deducted to a designated incorporated milk producers' association on or before the fifteenth of the month following the month in which deductions were made, together with a statement showing number of pounds of milk delivered by each individual milk producer from which deductions were made. Milk dealers or milk companies may, however, retain five per cent of total deductions to cover cost of bookkeeping involved.

N.J. Stat. § 4:12-43 § 4:12-43

Any milk dealer or milk company which neglects to make deductions when authorized in writing by each individual milk producer to make specified deductions, or any milk dealer or milk company who neglects for a period of fifteen days to forward, by check or otherwise, all sums deducted (less five per cent for bookkeeping costs) to the designated association, together with a statement showing amount in pounds of individual milk producers' delivery for month in which deductions were made, shall be subject to the provisions of section 4:12-44 of this title.

N.J. Stat. § 4:12-44 Penalty for violation of article

Any milk dealer or milk company violating any provisions of this article shall be liable to a penalty of two hundred dollars ($200.00) for the first offense, and for the second, or any subsequent offense, a penalty of not less than three hundred dollars ($300.00), to be recovered in a civil action in the name of the milk producers' association so aggrieved as plaintiff. Such action shall be brought in any court of competent jurisdiction and the penalties, when recovered, shall be paid to the State Treasurer. Amended by L.1953, c. 5, p. 37, s. 31.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026