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

in effect

N.J. Stat. § 4:12A-1 Definitions

Words used in this act, unless otherwise expressly stated, or unless the context or subject matter otherwise requires, shall have the following meanings: "Board." The milk control board. "Director." The director of milk control. "Milk dealer." Any person who sells or distributes milk, including on consignment or for the account of a producer, or who purchases milk from producers or other milk dealers, whether on behalf of himself or others or both, and includes a person who sells or delivers all milk to consumers or stores in the same containers as those in which he purchases or acquires it from other milk dealers, any dairy cooperative association organized under any law of this or any other state and engaged in this State in the marketing of milk directly to stores and consumers in this State, and includes persons referred to herein as processors or subdealers, but it does not include a store as hereinafter defined. Milk dealers as herein defined, may also purchase and distribute for storage or manufacture within or without this State. "Market." Any municipality, incorporated or unincorporated, of this State, other than a county, or any group of such, or any portions thereof, designated by the board as a marketing area. "Licensee." Any person licensed pursuant to this act. "Milk." The natural product of a dairy animal or animals and includes fluid milk and cream, fresh, sour or storage, low fat milk, skim milk, flavored milk, any milk drink, buttermilk, yogurt, and condensed or concentrated whole or skim milk, except when contained in hermetically sealed cans. "Producer." Any person producing milk entirely for sale to a milk dealer, except for the milk produced for the use of himself and his family and the use of his employees and their families. "Consumer." Any person, other than a milk dealer, store, or producer, who purchases milk for consumption or use. "Sanitary regulations." All laws enacted by the State of New Jersey; ordinances and regulations enacted or adopted by municipalities, municipal boards of health, or municipal departments, or officials exercising the powers and duties of local boards of health, relating to the production, handling, transportation, distribution and sale of milk from a health basis. "Store." A grocery store, delicatessen, food market, hospital, institution, hotel, restaurant, soda fountain, dairy products store, milk vending machine, any governmental agency, roadside stand and similar mercantile establishments. L.1941, c. 274, p. 714, s. 1. Amended by L.1983, c. 344, s. 1.

N.J. Stat. § 4:12A-2 Milk Control Board; established; first members; term of office

There is hereby established a board to be known as the "Milk Control Board" which shall consist of three members who shall be citizens of this State. The first members of the board shall be the following persons: Mary Prall Logue, of the city of Bridgeton, in the county of Cumberland, who shall hold office for a term of two years; J. M. Nevius, of the township of Branchburg, in the county of Somerset, who shall hold office for a term of three years; and John C. Borden, of the city of Burlington, in the county of Burlington; who shall hold office for a term of four years; all of said terms shall start on the date this act becomes effective. Their successors shall be appointed by the Senate and General Assembly in joint meeting. Members hereafter appointed shall hold office for a term of five years, except where the appointment is to fill a vacancy occurring during any term, in which case the appointment shall be for the unexpired term only. Each member of the board shall continue in office after the expiration of his term until his successor is appointed and qualifies. L.1941, c. 274, p. 716, s. 2.

N.J. Stat. § 4:12A-3 Per diem and expenses

The members of the board shall each receive a per diem of twenty dollars ($20.00), while in actual attendance at board meetings or in the performance of official duties, but not in excess of one thousand two hundred dollars ($1,200.00) in any one year, and shall further receive reimbursement for such actual and necessary expenses as are incurred in the performance of official duties, upon certification by the chairman. L.1941, c. 274, p. 716, s. 3.

N.J. Stat. § 4:12A-4 Director; deputy; counsel; clerical and other assistants

The board shall appoint a director of milk control for a term of five years, who shall be paid such salary as shall be fixed by the board, not exceeding, however, the sum of ten thousand dollars ($10,000.00) per annum. The director may appoint a deputy director and counsel and may fix their compensation. The director may appoint such clerical, technical and other assistants as may be necessary and prescribe their duties. All those employees employed by the preceding board, who are in the classified service under the civil service laws at the time this act becomes effective, shall be continued in their employment as employees in the classified service under the civil service laws. In addition to compensation, the director and each employee shall receive reimbursement for such actual and necessary expenses as are incurred in the performance of duty, upon certification by the director. L.1941, c. 274, p. 716, s. 4.

N.J. Stat. § 4:12A-5 Chairman and recording secretary of board; quorum; meetings; seal

The board shall choose a chairman from its own members and recording secretary, who may be a member of the director's staff. The board shall fix the compensation, if any, which is to be paid to the recording secretary. A majority of the members of the board shall constitute a quorum for the transaction of the business of the board. Meetings of the board shall be called by the chairman or by a majority of the members of the board. The board shall have a seal, which shall be judicially noticed. L.1941, c. 274, p. 717, s. 5.

N.J. Stat. § 4:12A-6 Principal office

The principal office of the board and of the director shall be in the city of Trenton in rooms assigned, furnished and equipped by the custodian of the State House. L.1941, c. 274, p. 717, s. 6.

N.J. Stat. § 4:12A-7 General powers of board and director; orders; rules and regulations

The board and the director are hereby declared to be the instrumentalities of the State for the purpose of attaining the ends in this act declared, and the board and the director are hereby vested with power as provided in this act. The director shall have power to issue orders, rules and regulations to carry out the objects and provisions of this act, and all such orders, rules and regulations by the director shall be made in his name over his signature. All orders, rules and regulations by the board on appeal shall be issued by the board. L.1941, c. 274, p. 717, s. 7.

N.J. Stat. § 4:12A-8 Enforcement of act and rules and regulations

Any duly authorized appointee of the director shall, subject to the limitations herein contained, enforce the provisions of this act and all rules and regulations promulgated by the director and all orders thereunder made by the director. L.1941, c. 274, p. 718, s. 8.

N.J. Stat. § 4:12A-9 Appeals; hearing and determination by board; stay

The board is hereby empowered and charged with the duty to hear, review, and determine all appeals by any person, applicant or licensee aggrieved by any act, proceeding, rule, regulation, decision or determination of the director, and to make reasonable rules regulating the manner, form, time, terms and conditions of such appeals, and to make such orders upon the final determination of such appeals as will effectuate such final determination according to law. On any appeal from a rule or order of the director fixing or refixing any price, the petition of appeal shall be filed with the board within five days from the date of filing such rule or order with the Secretary of State. On any such appeal the board shall hold its hearing and render its decision within twenty days from the date of filing such rule or order with the Secretary of State. The filing of an appeal to the board from a rule or order of the director fixing or refixing any price, shall act as a stay upon any such rule or order that would otherwise become effective, such stay to continue until the rendering of decision upon such appeal by the board. The hearings before and the proceedings of the board shall be conducted in accordance with such rules of evidence and procedure as the board may from time to time prescribe. L.1941, c. 274, p. 718, s. 9.

N.J. Stat. § 4:12A-10 Oaths; administering by board members; subpoenas; misconduct; false testimony

Each member of the board shall have power to administer oaths, examine witnesses, and shall have power to issue subpoenas to compel the attendance of witnesses and the production of all necessary reports, books, papers, documents, correspondence, and other evidence, at any designated place of hearing. Such subpoenas shall be signed by one of the members thereof or by the secretary and shall be authenticated by the seal of the board, and any party to any proceeding before said board may secure subpoenas, without charge, from said board. Misconduct on the part of any person attending a hearing, or the failure of any witness, when duly subpoenaed to attend, give testimony or produce any records, shall be punishable by the Superior Court in the same manner as such failure is punishable by such court in a case therein pending. Any person who, having been sworn or affirmed as a witness in any such proceeding, shall willfully give false testimony, shall be guilty of perjury. The fees for the attendance of witnesses shall be paid by the party arranging for the attendance of such witnesses. L.1941, c. 274, p. 718, s. 10. Amended by L.1953, c. 5, p. 38, s. 32.

N.J. Stat. § 4:12A-11 Place of hearings; technical rules of evidence

Any hearing by the director or by the board may be held in any part of the State and neither the director nor the board shall be bound by technical rules of evidence. L.1941, c. 274, p. 719, s. 11.

N.J. Stat. § 4:12A-12 Review by Superior Court; bond

Any person, applicant or licensee aggrieved by any order or determination of the board made pursuant to this act may obtain a review of the action complained of by the Superior Court in a proceeding in lieu of prerogative writ, which court shall have jurisdiction to suspend, reverse or vacate the order or determination so made by the board, and the court may, in its discretion, require a bond not exceeding in amount the costs or money involved, payable to the State of New Jersey, as the court may prescribe, with sureties satisfactory to said court, conditioned for the prompt payment of all costs and damages arising from or caused by the delay in the effectiveness or enforcement of the order or determination complained of or in the prompt prosecution of the proceeding. L.1941, c. 274, p. 719, s. 12. Amended by L.1953, c. 5, p. 38, s. 33.

N.J. Stat. § 4:12A-13 Rules of evidence and procedure; proceedings of director

The hearings before and the proceedings of the director shall be conducted in accordance with such rules of evidence and procedure as the director may from time to time prescribe. L.1941, c. 274, p. 719, s. 13.

N.J. Stat. § 4:12A-14 Subpoenas; issuance by director

The director shall have the power to issue subpoenas to compel the attendance of witnesses and the production of books, papers and records for the purpose of obtaining such information as may be required to carry out the provisions of this act. Such subpoenas shall be signed by the director. L.1941, c. 274, p. 719, s. 14.

N.J. Stat. § 4:12A-15 Oaths; power of director to administer

The director or any person authorized by law is hereby authorized to administer oaths to all such witnesses as may appear or be brought before said director. L.1941, c. 274, p. 720, s. 15.

N.J. Stat. § 4:12A-16 Refusal to obey subpoena or testify; contempt

In case any person so summoned by subpoena issued by said director, shall refuse to obey such subpoena or any directions therein, or to give testimony, or to answer questions as required, or to produce any books, papers, documents or records as required, the director may apply to the Superior Court for process against such person, as for a contempt of the Superior Court, and the court shall proceed to a hearing of the case and make such orders and render judgment as in cases of contempt of said court. L.1941, c. 274, p. 720, s. 16. Amended by L.1953, c. 5, p. 39, s. 34.

N.J. Stat. § 4:12A-17 Incriminating testimony; immunity

No person shall be excused from testifying or producing any book, paper, document or record when subpoenaed as aforesaid upon the ground that the testimony or documentary evidence required of him may incriminate him or subject him to any penalty or forfeiture, but no such person shall be prosecuted, punished or subjected to any penalty or forfeiture on account of any matter or thing concerning which he shall, under oath, have testified or produced documentary evidence, except that he shall not be exempt from prosecution or punishment for perjury committed by him in his testimony. Nothing herein shall give to any corporation immunity of any kind. L.1941, c. 274, p. 720, s. 17.

N.J. Stat. § 4:12A-18 Service of subpoenas; fees and mileage

The process of subpoena authorized in this act shall be served in the same manner and be of the same force and effect as like process in civil actions in the Superior Court; and any person attending in pursuance of such subpoena shall be entitled to the same fees and mileage as witnesses in civil actions in said Superior Court. L.1941, c. 274, p. 721, s. 18. Amended by L.1953, c. 5, p. 39, s. 35.

N.J. Stat. § 4:12A-19 Investigations; powers of director

The director shall have power to investigate all matters pertaining to the production, distribution, importation, storage, disposal, classification, sale or resale, conditions and terms of sale or resale, costs of production, distribution, sale and resale, processing, sale for manufacture, of milk as defined in this act in the State of New Jersey as may be necessary to carry out the provisions of this act. L.1941, c. 274, p. 721, s. 19.

N.J. Stat. § 4:12A-20 Rules, regulations and orders of director; promulgation; enforcement; service

The director may adopt, promulgate and enforce all rules, regulations and orders necessary to carry out the provisions of this act. An order applying only to a person named therein shall be served on the person affected by personal delivery of a certified copy or by mailing a copy thereof to him at his last known address, and if such person be a corporation then the order shall be served in the same manner upon any officer or agent of the corporation upon whom a summons may be served, pursuant to the provisions of section 2:26-43 of the Revised Statutes. All rules, regulations and orders adopted by the director shall be filed by him in his office and said file shall be a public record. All orders and determinations of the director shall include the findings of fact upon which such orders or determinations are based. L.1941, c. 274, p. 721, s. 20.

N.J. Stat. § 4:12A-21 Powers of director enumerated

The director may fix the price at which milk is to be bought, sold, or distributed; regulate conditions and terms of sale; establish and require observance of fair trade practices; supervise, regulate and control the entire milk industry of the State of New Jersey, including the production, importation, classification, processing, transportation, disposal, sale or resale, storage or distribution of milk as defined in this act in the State of New Jersey in those matters and in every way necessary to carry out the purposes of this act and necessary to control or prevent unfair, unjust, destructive or demoralizing practices which are likely to result in the demoralization of agricultural interest in this State engaged in the production of milk or interfere with the maintenance of a fresh, wholesome supply of sanitary milk for the consumers of this State; provided, however, that nothing contained in this act shall be construed as authorizing the director to adopt, promulgate or enforce orders, rules or regulations containing provisions or sanitary regulations as defined in section one of this act; and provided, further, that nothing contained in this act or orders, rules or regulations adopted thereunder shall conflict with or be construed to abrogate or affect the status, force or operation of any public health law, any sanitary regulation or any local health ordinance, code or regulation, or Title 24 of the Revised Statutes and amendments thereof and supplements thereto. L.1941, c. 274, p. 722, s. 21.

N.J. Stat. § 4:12A-22 Minimum prices; power of director to fix

The director may ascertain, determine and may fix or refix by investigation and proof, as the emergency permits, the minimum prices to be paid to the producer, the minimum prices to be charged by milk dealers to other milk dealers, processors, subdealers and stores, the minimum prices to be charged by processors to subdealers, the minimum prices to be charged by subdealers to stores, and the minimum prices to be charged the consumer for milk in the several municipalities or markets of this State, under varying conditions, as will best insure a sufficient quantity of fresh, pure and wholesome milk to the inhabitants of this State. The director may take into consideration the various grades of milk produced, the varying percentages of butter fat, plant volume, seasonal production, and other conditions affecting the cost of production, cost of transportation and marketing, and the amount necessary to yield a reasonable return to the producer and to the milk dealer, processor or subdealer. The term grades as used herein shall be for the purpose of fixing or refixing prices only and shall not supersede or abrogate or affect the status of standard or requirement for milk as are or may be established in ordinances of boards of health or other bodies exercising the powers thereof in any municipality. L.1941, c. 274, p. 722, s. 22.

N.J. Stat. § 4:12A-22.1 Minimum prices; limits on power of director to fix

The provisions of sections 21 and 22 of the act to which this act is a supplement notwithstanding, the director's power to fix or refix minimum prices to be charged the consumer for milk shall be subject to the following: a. In fixing or refixing the minimum price to be charged the consumer, the director shall utilize a single minimum marketing margin which will yield no more than a reasonable return for the lowest cost, most efficient milk dealers and store outlets. This minimum marketing margin shall represent the difference between the minimum price for producer milk established under the applicable Federal-State milk marketing orders (adjusted to 3.25% butterfat content) and the minimum price established for milk sold by stores to consumers. To provide assurance that low cost milk will continue to be available to consumers throughout the State, the director shall not increase the minimum marketing margin in effect under Order 69-1 of the Division of Dairy Industry (measured from the midpoint of the applicable Class I bracket) unless the director shall find, after such notice and hearing as are required by section 23 of the act to which this act is a supplement, that the costs of processing, distributing and selling milk through stores has increased above the average of such costs during the base year of 1974. In making such determination of subsequent cost increases, the director may utilize such economic formulas embodying indices of cost and productivity as may be appropriate to effectuate the provisions of this act and the act to which this act is a supplement. b. Pursuant to the provisions of section 23 of the act to which this act is a supplement, public hearings shall be held before the adoption or amendment of any such economic formula. Such hearings, however, shall not be required in order to implement changes in the minimum marketing margin pursuant to said economic formulas; provided, however, that any interested party who contends that the application of a specific economic formula will result in minimum milk prices charged the consumer in excess of that price level required to yield no more than a reasonable return for the lowest cost, most efficient milk dealers and store outlets shall be given a reasonable opportunity to demonstrate such contention at a public hearing. L.1976, c. 105, s. 1, eff. Oct. 18, 1976.

N.J. Stat. § 4:12A-22.2 Prices dependent on size or type of container

Nothing contained herein shall preclude the director from establishing cost-justified lower minimum margins or differentials with respect to any particular size or type of container. L.1976, c. 105, s. 2, eff. Oct. 18, 1976.

N.J. Stat. § 4:12A-23 Notice of hearing; order fixing prices; when effective

Before fixing or refixing any price, the director shall give a notice by public advertisement inserted in at least three daily newspapers of this State that he is considering the fixing or refixing of such price and that a public hearing will be held thereon on the day, time and place set forth in such notice, which day shall not be less than five days after the day of insertion. Within fifteen days after the conclusion of such public hearing the director shall issue findings of fact and an order based upon the evidence adduced at said hearing. Such order shall specify the date upon which any fixed or refixed price shall become effective and may contain provisions for specific price changes to become effective within three months from the date of such rule or order. In no case, however, shall any fixed or refixed price become effective sooner than the fifteenth day after such rule or order fixing or refixing the price and the findings of fact upon which it is based have been filed in the office of the Secretary of State. L.1941, c. 274, p. 723, s. 23. Amended by L.1952, c. 159, p. 527, s. 1.

N.J. Stat. § 4:12A-24 Mediation of controversies

The director or the board may act as mediator and arbitrator in any controversy or issue that may arise among or between producers, milk dealers, processors, stores, subdealers and consumers as between themselves or that may arise between them as groups. L.1941, c. 274, p. 723, s. 24.

N.J. Stat. § 4:12A-25 Agreements with other agencies

For the furtherance of the objects stated in this act the director shall have authority to enter into agreements with State county and municipal agencies and with other States and the Federal Government. L.1941, c. 274, p. 723, s. 25.

N.J. Stat. § 4:12A-26 Sales; rules and regulations

To effectuate the orderly sale and distribution of milk between dealers, processors, subdealers and stores, and carry out the provisions of this act, the director is hereby empowered to promulgate and enforce conditions, terms and credit regulations governing such sales. L.1941, c. 274, p. 724, s. 26.

N.J. Stat. § 4:12A-27 Inspection of premises; books and records; right of entry

The director or an employee designated by him for such purpose shall have access to and may enter at all reasonable hours all places where milk is being stored, bottled or manufactured into food products. The designated employee shall have power to inspect all books, papers, records or documents in any place within this State for the purpose of ascertaining facts to enable the director to administer the provisions of this act. L.1941, c. 274, p. 724, s. 27.

N.J. Stat. § 4:12A-28 Licenses; dealers; processors; subdealers; stores

No milk dealer, processor, subdealer or store, as defined in this act, shall buy milk from producers or others for sale, disposal, importation, transportation, storage or manufacture, or sell, transport, import, dispose of, store or distribute milk or otherwise engage in the milk business within this State, unless duly licensed as in this act provided, and it shall be unlawful for a milk dealer, processor, subdealer or store to buy milk from a milk dealer, processor, subdealer, or store who is unlicensed, or to sell to milk dealers, processors, subdealer or store in this State who is unlicensed, or in any way to deal in or handle milk which he may have reason to believe has previously been dealt in or handled in violation of the provisions of this act or any order, rule or regulation of the director promulgated pursuant thereto. The licenses required by this act are for the purpose of correcting unfair, unjust, destructive and demoralizing practices in the milk industry in this State, and to prevent demoralization of agricultural interests engaged in the production of milk in this State. The licenses required by this act shall be in addition to any other license or permit required by any law of this State, or by any ordinance of a local board of health or other body exercising the powers thereof in any municipality of this State, and shall not be considered as such a license or certificate as is contemplated by section 40:52-1 of the Revised Statutes. When the department of health of the State of New Jersey or any local board of health shall refuse to license, suspend or revoke the right of a licensee to sell or distribute milk or cream in a particular municipality, the license granted by the director shall so far as said municipality is concerned be suspended or revoked for such time as such suspension or revocation shall be continued by said municipality. L.1941, c. 274, p. 724, s. 28.

N.J. Stat. § 4:12A-29 Milk purchased for less than minimum price; prohibition against sale and distribution

No milk dealer, processor, subdealer or store shall distribute, sell or handle milk in this State which is obtained from any producer, other milk dealer, processor, subdealer or store where the milk has been purchased either directly or indirectly for a price less than the minimum price fixed by the director to be paid for such milk to be distributed in a given market. L.1941, c. 274, p. 725, s. 29.

N.J. Stat. § 4:12A-30 Secret agreement for price reduction prohibited; exception

No licensee or other person, association or corporation shall hereafter contrary to the public interest operate in any municipality under any mutual or secret agreement, arrangement, combination, contract or common understanding, with any other licensee or person, firm, association or corporation, whereby the price for milk to be paid to producers in this State is reduced or the price to be paid by dealers, processors, subdealers, stores or consumers for such milk is decreased in pursuance of such mutual or secret agreement, arrangement, combination, contract or common understanding, and each such contract, arrangement, agreement or understanding is hereby prohibited and declared to be contrary to the public interest and in restraint of trade and commerce, and shall subject the violator or violators to the penalty in this act prescribed; provided, however, that the right may be granted to deduct a check-off to be paid as association or corporation with consent of producer and approval of the director. L.1941, c. 274, p. 725, s. 30.

N.J. Stat. § 4:12A-31 Blending proceeds of sales

It is the intent of the Legislature that no provisions of this act shall prevent a producer co-operative association or producer co-operative corporation approved by the director, which sells the milk of or for its members or of persons who are now or hereafter under contract with such producer co-operative association or producer co-operative corporation, from blending the proceeds of all its or their net sales either within or without the State, and so paying its members or contractees; provided, however, no producer co-operative association or producer co-operative corporation shall be exempt from any other orders, rules or regulations promulgated by the director. L.1941, c. 274, p. 726, s. 31.

N.J. Stat. § 4:12A-32 Application for license; form; prerequisites

The application for license shall be made on a form prepared by the director. The director may require an applicant for a license to show that he has secured all other State licenses and such other permits or licenses as may be necessary for said applicant to carry on the milk business in his territory, and upon his failure to do so refuse to issue to said applicant a license. L.1941, c. 274, p. 726, s. 32.

N.J. Stat. § 4:12A-33 Application for license, time for making; contents; display of license

An application for a license to operate as a milk dealer or store shall be made before any person shall commence business as a milk dealer or store, and annually thereafter. Every person holding a license on the effective date of this act shall upon expiration of the license apply for renewal, but in order to spread the renewal dates throughout the year the director may issue licenses for a period of not less than three months nor more than 15 months and for stores the fee for the period shall be proportionately less or greater than the annual rates herein established. Subsequent licenses shall be issued for a period of one year. The applicant shall state the nature of the business to be conducted, the full name of the person applying for the license and, if the applicant be a firm or association, the full name of each member, and if a corporation the names and addresses of all officers and directors and the name or names of the municipality or municipalities in which the business is to be conducted; that he has complied with all the orders, rules and regulations of the predecessor board and the director, and such other facts with respect to the license as may be required by the said director. A license shall be granted to the applicant by the director subject to the provisions of this act. The original or a certified copy thereof shall be conspicuously displayed by the licensee at its principal place of business, and in each plant, store or sales branch delivery depot in this State. L.1941, c. 274, p. 726, s. 33. Amended by L.1983, c. 344, s. 2.

N.J. Stat. § 4:12A-34 Refusal or suspension or revocation of license; notice of hearing

Before declining to grant a license or conditioning or limiting a license, or suspending or revoking a license previously granted, the director shall give notice to the applicant or licensee personally, or by mail addressed to his last known address, and afford him an opportunity to appear and be heard with respect thereto at a time and place specified in such notice. Such applicant or licensee shall have the right to be heard in person or by attorney, and to offer evidence pertinent to the subject of the hearing, and to that end to invoke the powers of the director with respect to the compulsory attendance of witnesses and the production of books, accounts, papers, records and documents by subpoena. A duly certified copy of the order of the director of such hearing shall be served upon the applicant or the licensee in the manner provided by section twenty of this act. L.1941, c. 274, p. 727, s. 34.

N.J. Stat. § 4:12A-35 Refusal or suspension or revocation of license; grounds

The director after hearing duly held in accordance with the provisions of this act, may decline to grant a license or may issue a license conditionally, or may suspend or revoke a license already granted when satisfied of the existence of any of the following: (1) That an applicant or a licensee has rejected, without reasonable cause, any milk from one of its regular producers. (2) That the applicant or licensee has failed to account and make payment, without reasonable cause, for any milk purchased from a producer. (3) When it has been established by evidence submitted to the director by the State or local health authorities that the applicant or licensee has committed any act likely to undermine health regulations and standards as established by health laws and ordinances. (4) That the applicant or licensee has committed any act injurious to trade or commerce, or any act which may demoralize the price structure of milk or interfere with an ample supply of milk for the inhabitants of this State. (5) Where the applicant or licensee has continued in a course of dealing of such a nature as to satisfy the director of his inability or unwillingness properly to conduct the business of receiving or selling milk in accordance with the provisions of this act. (6) Where the applicant or licensee has been a party to a combination to fix prices contrary to the provisions of this act. (7) Where the applicant or licensee has continued in a course of dealing of such nature as to satisfy the director of an intent to deceive or defraud stores, producers, consumers, subdealers or other dealers in those matters regulated by the provisions of this act. (8) Where the applicant or licensee has failed either to keep records or to furnish the statements or information required by section thirty-seven of this act. (9) Where any applicant or licensee has made false statements to the director or the board or has testified falsely in any hearing before the director or the board. (10) That the applicant or licensee is not qualified by character, experience, financial responsibility and equipment to properly conduct the proposed business. (11) That the applicant or licensee is a partnership, corporation, firm or association and any individual holding any position or interest or power or control therein has previously been responsible in whole or in part for any act on account of which a license may be denied, suspended or revoked pursuant to the provisions of this section or law or the similar laws which preceded it. (12) That the applicant or licensee has violated any of the provisions of this act, or any of the rules, regulations or orders of the director or has violated any of the provisions of similar laws or of orders, rules and regulations issued thereunder which have preceded this act. The director may without hearing continue any ruling or order made as to license or any applicant or licensee which was made after hearing when any subsequent application for license is filed by said applicant or licensee. The issuance or renewal by the director of a license hereunder shall not preclude the director from suspending, conditioning or revoking such license for acts as set forth in this section committed by the licensee prior to the license period unless the director or the predecessor board had proceeded against the applicant or licensee, and the order made thereupon had been complied with by the applicant or licensee. L.1941, c. 274, p. 727, s. 35.

N.J. Stat. § 4:12A-36 Fees

Every person required by this act to be licensed shall pay a yearly license fee as follows: Store--each and every store selling milk shall pay a license fee based on average volume of milk sold during the previous two months as follows: tores selling 500 quart equivalents or less per week .......... $12.00 Stores selling 501 to 1,500 quart equivalents per week .......... $24.00 Stores selling 1,501 to 3,000 quart equivalents per week .......... $36.00 Stores selling 3,001 quart equivalents or more per week .......... $48.00 provided, however, that a store selling milk exclusively for consumption on the premises shall not be required to obtain a license nor pay a license fee; and provided, further, that a store selling only milk which is evaporated or condensed in hermetically sealed cans shall not be required to obtain a license or pay a license fee. Any person applying for a license to engage in business as a store at a new location shall pay a fee of $12.00 for the first year of operation, but any person acquiring an existing store shall pay a fee based upon the average volume of milk sold during the previous two months in accordance with the store fee schedule above. Milk dealers--every milk dealer shall pay a fee of $0.01 per hundredweight of milk sold for consumption within the State excluding dealer to dealer sales; but a milk dealer processing milk for sale to other dealers shall pay a minimum fee of $650.00 per year and a milk dealer selling to stores and consumers shall pay a minimum fee of $30.00 per year. A milk dealer engaged in handling milk in the State of New Jersey, but selling milk only in another state or engaged only in manufacturing shall pay a license fee of $150.00 per year. A milk dealer who during the year prior to the one for which the application is being made sold a quality of milk which would yield a fee of less than $300.00 per year may pay his full fee at the beginning of the license year based upon the prior year's business. Milk dealers shall pay the fee by the fifteenth of each month for the previous month. Failure to pay the fee shall be the basis for the suspension or revocation of license or the assessment of penalty as herein provided for any other violations of this act. There shall be no refund except to correct a clerical error or where a license is applied for and the director declines to grant the license to the applicant. L.1941, c. 274, p. 729, s. 36. Amended by L.1956, c. 196, p. 724, s. 1; L.1962, c. 181, s. 1, eff. Dec. 5, 1962; L.1983, c. 344, s. 3.

N.J. Stat. § 4:12A-37 Records

The director may require the licensees to keep the following records: (1) A record of all milk received, detailed as to location, and as to names and addresses of suppliers, with butter fat test, prices paid, deduction or charges made. (2) A record of all milk sold, classified as to grade, location and market outlet and size and style of container, with prices and amounts received therefor. (3) A record of quantities and prices of milk sold. (4) A record of the quantity of each milk product manufactured and quantity of milk and cream used in the manufacture of these products. Also the quantity and volume of milk products sold. (5) A record of wastage or loss of milk or butter fat. (6) A detailed record of the costs incurred in carrying on the business of the licensee. (7) Such other records and information as the board may deem necessary for the proper enforcement of this act. L.1941, c. 274, p. 731, s. 37.

N.J. Stat. § 4:12A-38 Reports of licensee

Each licensee shall, from time to time, as required by the rule or order of the director, make and file a verified report on forms prescribed by the director, of all matters on account of which a record is required to be kept, together with such other information or facts as may be pertinent and material within the scope of this act. L.1941, c. 274, p. 732, s. 38.

N.J. Stat. § 4:12A-39 Violations of act; penalty; seizure and sale

Any person who shall violate any of the provisions of this act or the orders, rules and regulations of the director as adopted from time to time shall be deemed guilty of a violation of the provisions of this act and shall pay a penalty of not more than fifty dollars ($50.00) for the first offense and not more than two hundred dollars ($200.00) for the second, or each subsequent offense, and such penalty when collected shall be paid to the Treasurer of the State of New Jersey and become a part of the general fund of the State of New Jersey. Any milk as herein defined which is the subject of the violation of this act or the orders, rules and regulations of the director, may be seized, and any part thereof may be sold as the director or court may direct; the proceeds from such sale to be paid to the Treasurer of the State of New Jersey to abide the further order of the director or court, and if no such order is made then to become a part of the general fund of the State of New Jersey. L.1941, c. 274, p. 732, s. 39.

N.J. Stat. § 4:12A-40 Release of milk or proceeds of sale

The director or court may in his or its discretion release the milk as herein defined, or the funds derived from the sale of such milk, when the orders of the court and the requirements of this act and the orders, rules and regulations of the director have been complied with, and upon payment of all costs and expenses incurred by the State in any proceedings connected with such seizure or prosecution. L.1941, c. 274, p. 733, s. 40.

N.J. Stat. § 4:12A-41 Jurisdiction; enforcement

41. The Superior Court shall have jurisdiction of actions for penalties under this act and such penalties shall be collected and enforced in a summary manner pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). If judgment be rendered for the plaintiff and the defendant fails forthwith to pay the amount of the judgment and the costs and charges incident thereto, said defendant may be committed to the county jail for any period not exceeding one hundred days. L.1941,c.274,s.41; amended 1953, c.5, s.36; 1991,c.91,s.171.

N.J. Stat. § 4:12A-43 Informal hearings on violations; adjustments

Upon receiving evidence of a violation of any of the provisions of this act or of any of the rules, regulations or orders of the director, any employee designated by the director is hereby empowered to hold informal hearings upon said violation or violations at such place or places as the director may fix and upon finding the violations to have been committed, to adjust same with any person accused of violating any provisions of this act or the rules, regulations or orders of the director, for such amounts as may in the discretion of the director, be proper under the circumstances. In the event of the violator making payment of the sum set in adjustment, no further prosecution shall be had upon any violation so adjusted. L.1941, c. 274, p. 735, s. 43.

N.J. Stat. § 4:12A-44 Actions to restrain violations

Any habitual violation of the act or of any of the orders or rules or regulations made pursuant to the act may be restrained by the Superior Court in an action brought for such purpose by the Attorney-General on behalf of the director. L.1941, c. 274, p. 736, s. 44. Amended by L.1953, c. 5, p. 40, s. 38.

N.J. Stat. § 4:12A-45 Disposition of license fees, penalties, fines and costs

All funds derived from fees for licenses issued hereunder are hereby appropriated to pay the expenses of the operation of the department, and the proceeds of adjustments of penalties collected by the director and the proceeds of fines and costs imposed by any court hereunder shall be paid to the State Treasurer. L.1941, c. 274, p. 736, s. 45.

N.J. Stat. § 4:12A-46 Continuation of former laws; pending suits continued

It is the intent of the Legislature that this act is a continuation of the State Milk Control Law, chapter one hundred sixty-nine, pamphlet laws of one thousand nine hundred and thirty-three; chapter one hundred seventy-five, pamphlet laws of one thousand nine hundred and thirty-five; chapter fifty-six, pamphlet laws of one thousand nine hundred and thirty-seven; and chapter eighty-two, pamphlet laws of one thousand nine hundred and thirty-nine; and that all orders, rules and regulations of the board created thereunder in force when this act becomes effective shall continue in force as orders, rules and regulations of the director under this act until suspended by new orders, rules and regulations made by the director. All suits commenced and being prosecuted by the milk control board under chapter eighty-two, pamphlet laws of one thousand nine hundred and thirty-nine shall be deemed as continued and shall be enforced and prosecuted by the director. All books, papers, orders, rules, regulations and equipment held by the board under chapter one hundred sixty-nine, pamphlet laws of one thousand nine hundred and thirty-three; chapter one hundred seventy-five, pamphlet laws of one thousand nine hundred and thirty-five; chapter fifty-six, pamphlet laws of one thousand nine hundred and thirty-seven; and chapter eighty-two, pamphlet laws of one thousand nine hundred and thirty-nine, shall be delivered to the director. L.1941, c. 274, p. 736, s. 46.

N.J. Stat. § 4:12A-47 Licenses issued under prior laws continued

Licenses issued by the milk control board under chapter eighty-two of the pamphlet laws of one thousand nine hundred and thirty-nine shall continue in full force and effect until July thirty-first, one thousand nine hundred and forty-one. Licenses issued by the director under this act during the license year beginning July first, one thousand nine hundred and forty-one and ending June thirtieth, one thousand nine hundred and forty-two, shall expire on June thirtieth, one thousand nine hundred and forty-two. L.1941, c. 274, p. 737, s. 47.

N.J. Stat. § 4:12A-48 Grant of specific powers not to impair general powers

The operation and effect of any provision of this act conferring a general power upon the board or the director shall not be impaired or qualified by the granting to the board, the secretary, the director or an employee or agent of the director by this act of a specific power or powers, not inconsistent with the provisos contained in paragraph twenty-one of this act. L.1941, c. 274, p. 737, s. 48.

N.J. Stat. § 4:12A-49 Declaration of legislative intent; action to restrain unlawful acts

It is the intent of the Legislature that the instant, whenever that may be, that the handling within the State, by a milk dealer, of milk produced outside of the State, becomes a subject of regulation by the State, in the exercise of its police powers, the restrictions set forth in this act respecting such milk so produced shall apply and the powers conferred by this act on the director shall attach. After any such milk so produced shall have come to rest within the State, any sale, within the State, by a licensed milk dealer, processor, subdealer or store or a milk dealer required by this act to be licensed, of any such milk purchased from the producer at a price lower than that required to be paid for milk produced within the State, purchased under similar conditions, shall be unlawful and deemed a violation of this act, and for continued violations the director, by the Attorney-General, may maintain an action in the Superior Court to restrain such further unlawful acts. L.1941, c. 274, p. 738, s. 49. Amended by L.1953, c. 5, p. 40, s. 39.

N.J. Stat. § 4:12A-50 Foreign or interstate commerce

No provisions of this act shall apply or be construed to apply to foreign or interstate commerce, except in so far as the same may be effective pursuant to the United States Constitution and to the laws of the United States enacted pursuant thereto. L.1941, c. 274, p. 738, s. 50.

N.J. Stat. § 4:12A-51 Partial invalidity

The sections and parts of sections included in this act are hereby declared to be independent sections and parts of sections; if any such section or part of section shall be held invalid, such holding shall not affect the remainder of this act, nor the context in which such part of section so held invalid may appear, excepting to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall directly apply. The intention and purpose of this act as hereinbefore defined extends to the regulation of the milk producing and marketing industry and to the control generally of milk to be sold to the inhabitants of the State of New Jersey to the full extent permitted by the Constitutions of this State and of the United States as applied to legislation enacted under the emergency conditions described in this act or enacted under the police power of the State. L.1941, c. 274, p. 738, s. 51.

N.J. Stat. § 4:12A-52 Expiration date

This act shall be effective until such date as the Legislature shall determine an emergency no longer exists and the exercise of the police power of the State is no longer necessary and shall terminate its operation. L.1941, c. 274, p. 739, s. 52.

N.J. Stat. § 4:12A-53 "Distributor" defined

As used in this act, the word "distributor" shall mean any person, partnership, company, association, firm or corporation licensed as a store, milk dealer, processor or subdealer by the Director of Milk Control to sell milk in New Jersey. L.1942, c. 263, p. 706, s. 1.

N.J. Stat. § 4:12A-54 Examination of records to determine cost of distributing milk

The Department of Agriculture is authorized to examine and study the records and accounts of distributors of milk in New Jersey, covering such periods as shall be determined by the department, for the purpose of ascertaining the costs of distribution of milk and milk products, including all methods of purchases and sales and all costs of handling milk from the farm to the consumer. The information thus obtained shall be submitted to the Director of Milk Control for his information in determining a proper spread to cover dealer costs and in fixing consumer prices. L.1942, c. 263, p. 706, s. 2.

N.J. Stat. § 4:12A-55 Milk distributors to make records available; evidence, production of

Every distributor of milk in New Jersey, as defined above, shall make available to the Department of Agriculture or its duly authorized agents all books of account, vouchers and other pertinent records as are deemed necessary for the completion of such examination and study, and the Department of Agriculture or its authorized agents shall have the power to subpoena witnesses, compel the production of books and papers by its subpoena, administer oaths and do all things necessary and proper to effectuate the purpose of this act. Information relative to the general business of a distributor disclosed by such examination and not relating to the immediate purpose thereof shall be deemed and treated by the department and its authorized agents as of a confidential nature. L.1942, c. 263, p. 706, s. 3.

N.J. Stat. § 4:12A-56 Accountants, employment of

The Department of Agriculture is authorized to employ the services of certified public accountants and such other assistants as are necessary to examine and study the cost records and accounts of milk distributors in New Jersey and to prepare a report for the use of the Director of Milk Control and for the information of the people of the State. The certified public accountants and assistants selected shall be those who in the judgment of the Department of Agriculture are independent and best qualified by experience, reputation and standing to undertake the studies and who have never in any capacity represented or transacted business for or in behalf of any milk distributor operating in the State of New Jersey. L.1942, c. 263, p. 707, s. 4.

N.J. Stat. § 4:12A-57 Penalty for distributor's failure to comply or interference

A distributor who shall: a. Fail to comply with the requirements of this act; b. With intent to deceive, answer or report falsely in response to any requirement of this act; or c. Willfully interfere with the Department of Agriculture or its authorized agents in the performance of duties prescribed by this act-- shall be liable to a penalty of one thousand dollars ($1,000.00), to be sued for and recovered in an action at law by and in the name of the Secretary of the Department of Agriculture. The penalty when recovered shall be paid into the State treasury. L.1942, c. 263, p. 707, s. 5.

N.J. Stat. § 4:12A-58 Effective date

This act shall take effect July first, one thousand nine hundred and forty-two. L.1942, c. 263, p. 708, s. 7.

N.J. Stat. § 4:12A-63 Short title

This act shall be known and may be cited as the "Milk Case Recovery Act." L.1982, c. 216, s. 2.

N.J. Stat. § 4:12A-64 Definitions

As used in this act: a. "Milk case" means a rigid, reusable milk container case including wood, metal or plastic, which is used for packing and transporting or delivering cartons, bottles, jugs or other packages of milk and milk products by milk dealers, processors or subdealers, and which the owner intends for return and reuse in the ordinary course of his business. b. "Owner" means the person whose name, registered trademark or other business identification is clearly printed, embossed, inscribed or otherwise marked on a milk case. L.1982, c. 216, s. 3.

N.J. Stat. § 4:12A-65 Milk container marks and identification; filing with secretary of agriculture

Any person who is engaged in receiving, processing, manufacturing, packing, canning, bottling, handling, or selling milk or any products of milk in containers, cabinets, or other dairy equipment, which is marked or otherwise identified with the name of the person or with any fictitious or other name or word or with any mark or device whatsoever, may file with the Secretary of Agriculture a description of the name or word, mark or device which is so used. The filing with the Secretary of Agriculture of the description of the name or word, mark, or device constitutes a valid registration of the mark for the purposes of this act. L.1982, c. 216, s. 4.

N.J. Stat. § 4:12A-66 Wholesale purchasers; exemption

Wholesale milk and milk product purchasers who, in the normal course of milk distribution procedures, hold milk cases for pickup by the owners or their representatives are exempt from the provisions of this act. L.1982, c. 216, s. 5.

N.J. Stat. § 4:12A-67 Offenses

It is unlawful for any person to: a. Receive, take, store, buy, sell, dispose, use or otherwise possess any milk case without the consent of the owner; b. Refuse to return any milk case to the owner upon demand; c. Deface, erase, obliterate, cover up or otherwise remove or conceal any name, registered trademark or other business identification of an owner of a milk case, for the purpose of destroying or removing from the milk case evidence of its ownership. L.1982, c. 216, s. 6.

N.J. Stat. § 4:12A-68 Evidence of offenses

The using, buying, selling, possession, destroying, or defacing of a milk case by any person without the written consent of the owner shall be accepted in a court of competent jurisdiction as prima facie evidence of a violation of this act. L.1982, c. 216, s. 7.

N.J. Stat. § 4:12A-69 Penalties

Any person who violates this act shall be subject to a fine of up to $100.00 for the illegal possession of up to nine milk cases and not less than $100.00 nor more than $500.00 or imprisonment for up to 30 days, or both, for the illegal possession of any greater number of milk cases. L.1982, c. 216, s. 8.

N.J. Stat. § 4:12A-70 Habitual offenders; injunction

An habitual violation of this act or of any rule or regulation made pursuant to this act may be restrained by a court of competent jurisdiction in an action brought for that purpose by the owner of milk cases subject to the violations. L.1982, c. 216, s. 9.

N.J. Stat. § 4:12A-71 Rules and regulations

The Secretary of Agriculture may promulgate rules and regulations necessary to enforce the provisions of this act. L.1982, c. 216, s. 10.

N.J. Stat. § 4:12A-72 Reimbursement, federal Dairy Margin Coverage Program.

1. a. The Department of Agriculture shall disburse annually to each enrolled dairy farmer in the State the amount of the annual premium paid by the enrolled dairy farmer for coverage under the federal Dairy Margin Coverage Program up to the amount of the premium for coverage for the first 5,000,000 pounds of annual milk production per farm, the first tier of coverage under the program. The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations establishing procedures for the disbursement of funds to reimburse each enrolled dairy farmer in the State the amount the enrolled dairy farmer has paid for the annual premium for coverage authorized pursuant to this subsection under the federal Dairy Margin Coverage Program. b. The Department of Agriculture shall include in its annual budget request to the Governor an amount equal to the moneys necessary to pay the annual premiums for the coverage authorized pursuant to subsection a. of this section under the federal Dairy Margin Coverage Program for all enrolled dairy farmers in the State. The Legislature shall appropriate the necessary funds to the department for this purpose. c. As used in this section: "Department" means the Department of Agriculture. "Enrolled dairy farmer" means a dairy farmer enrolled in the federal Dairy Margin Coverage Program. "Federal Dairy Margin Coverage Program" means the federal Dairy Margin Coverage Program that replaced the former federal Margin Protection Program for Dairy Producers pursuant to the federal Agricultural Act of 2018. L.2021, c.401.

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