State Codes and Statutes

Statutes > New-jersey > Title-24 > Section-24-10 > 24-10-57-10

24:10-57.10.  Powers of local board of health    Notwithstanding any other provision of the laws of the State of New Jersey,  the local board shall have the following enumerated powers with respect to the  production, handling, processing, and distribution of milk, milk products and  fluid milk products in order to promote the public health, safety and welfare:

    (a) To provide that no person shall sell, offer for sale or distribute milk,  milk products or fluid milk products specified in this act without a license  issued by the local board.  In such case, the local board may require the  applicant for such license to file an application on such form as may be supplied by the local board.  If the local board determines that the applicant has complied with the provisions of this act and with the provisions of the local health ordinances and the regulations issued pursuant thereto, such license shall be issued to the applicant therefor.

    (b) To fix an annual license fee for each wagon, vehicle, milk plant, milk depot or premises within limits of the jurisdiction of the local board and used  in the distribution or sale of the products for which a license is required by  the local board.  The amount of such fee shall not exceed $5.00 for each  vehicle, wagon, milk plant, milk depot or premises.

    (c) To provide for the suspension of such license, pending a hearing, whenever the local board or its authorized agent has reason to believe that the  licensee is operating in violation of this act or of the regulations or ordinances adopted pursuant hereto, and finds, in addition, that the suspension  of the license is necessary for the protection of the public health.  In such  case, the local board or its authorized agent shall, upon request of the person  whose license has been suspended, proceed forthwith to a hearing to ascertain  the facts.

    (d) To provide for the revocation of such license by the local board or its  authorized agent, after notice and hearing to the licensee upon proof of the  violation of this act or of the regulations or ordinances adopted pursuant  hereto.

    (e) To terminate the suspension or revocation of a license by the local board upon proof satisfactory to the local board that the violation for which the license was suspended or revoked has been corrected.

    (f) To provide for a penalty of not to exceed $100.00 for each violation of  this act or of the regulations or ordinances adopted pursuant hereto, which  penalty may be imposed in addition to the suspension or revocation of the  license.

    (g) To adopt, in whole or in part, any code or regulation issued by the department relating to the production, handling, processing or distribution of the products specified in this act.

    (h) To enact any ordinance relating to the production, handling, processing,  or distribution of the products specified in this act, which does not contain  provisions (1) contrary to or inconsistent with this act or any code or  regulation approved by the department, or (2) which impose requirements in  addition to those provisions in this act or any code or regulation approved by  the department.

    (i) To provide that no license shall be granted to any person to sell, offer  for sale or distribute the products specified in this act if such person is in  violation of the act or regulations or ordinances issued pursuant hereto.

     L.1964, c. 62, s. 10.