No person shall kill or aid in killing for human food any calf
less than four weeks old. No person shall sell or offer for sale or
have in his possession with intent to sell any calf which has been
killed when less than four weeks old or any of the meat of any such
calf.
Every person who shall distribute or sell or offer for distribution
or sale or have in his possession with intent to distribute or sell
any article of food or drug shall, on the request therefor and the
tender of the value thereof by any chief or other inspector appointed
under the authority of this chapter, deliver to such chief or other
inspector so much of any such article of food or drug as said chief
or other inspector may request. If such request shall not be immediately
granted, said chief or other inspector shall thereupon have the power
to demand and take so much of any such article of food or drug as
such chief or other inspector may think proper, he, at the time of
said demand and taking, tendering to the person in charge of such
article of food or drug what he may deem to be the reasonable value
thereof. Said chief or other inspector shall, at the time of the delivery
to him of such article of food or drug or of his demanding and taking
in the presence of the person from whom the request or demand was
made, or of a witness or witnesses divide the said article into two
or more parts and shall duly seal two or more of said parts each in
a suitable can, vessel or package and at the time of taking such sample
shall tender and, if accepted, shall deliver one part to the person
of whom the request or demand was made, with a statement, in writing,
signed by said chief or other inspector, that such sample is taken
for the purpose of examination; and in any prosecution of any person
for the violation of any provision of this chapter, no proof of any
analysis thereof shall be given in evidence by the prosecutor unless
part of the sample shall have been sealed up and tendered, with such
writing as aforesaid, to the person of whom the request or demand
was made; provided, however, that in any prosecution for the sale
of food or drug in violation of this chapter proof of the analysis
of the article so sold may be given in evidence on the part of the
prosecutor, notwithstanding the fact that the purchase of such article
may have been made by some person other than the chief or other inspector
appointed under the authority of this chapter, if such article so
sold in violation of this chapter shall immediately after such sale
be delivered by the person so purchasing said article to the chief
or any other inspector appointed under the authority of this chapter
and said chief or inspector shall, upon such delivery to him, in the
presence of the person from whom the request or demand was made, or
of a witness or witnesses, which witness may be the person who made
the said purchase, divide the said article into two or more parts
and shall duly seal two or more of said parts, each in a suitable
can, vessel or package, and shall tender and, if accepted, shall deliver
to the person who sold the said article one part of such sample, with
a statement, in writing, signed by said chief or other inspector,
that such sample is taken for the purpose of examination. The chief
and every inspector appointed under the authority of this chapter,
whenever he has reason to believe that any of the provisions of this
chapter concerning the sale or distribution of milk or cream or the
offering of exposing of milk or cream for sale or the having of milk
or cream in possession for the purpose of sale is being violated,
shall have power to open any can, vessel or package containing such
suspected milk or cream, whether the can, vessel or package is sealed
or locked or not, and whether it be in transit or not; and if, upon
inspection, he shall believe that such milk or cream is being distributed
or sold or had in possession with intent to distribute or sell or
offered or exposed for sale contrary to any of the provisions of this
chapter, he may in the presence of one or more witnesses take a sample
thereof and seal it in a can, vessel or package and send the sample
thus enclosed and sealed for analysis to the State Laboratory of Hygiene
or to any chemist appointed under the authority of this chapter; he
may also, in any such case, condemn such milk or cream and pour it
upon the ground.
The Director of the Department of Public Safety, the Health
Officer and all chemists and inspectors of the Bureau of Health appointed
by the Commissioners of the City of Atlantic City shall have full
and free access, ingress and egress to all places of business, factories,
farms, buildings, hotels, restaurants, boardinghouses, carriages,
cars, cans, vessels and containers used in the manufacture, sale,
distribution or transportation of any article or product of food or
drug; they shall also have power to examine and open any package,
can or vessel containing or believed to contain any article of food
or drug which may be manufactured or sold or exposed for sale or had
in possession with intent to sell in violation of any of the provisions
of this chapter and may inspect the contents therein and may take
therefrom samples for examination.
No person shall obstruct or in anywise interfere with any analyst,
chemist, chief or other inspector or employee of the Bureau of Health
in the performance of any duty under this chapter.
A.
Whenever the Health Officer or any of his assistants shall find any
meat, milk, fish, bird, fowl, vegetable or other food of a perishable
nature exposed or offered for sale or had in possession with intent
to sell in violation of any of the provisions of this chapter or in
a state of rottenness or putrefaction or in any condition which renders
it in his opinion unwholesome or unfit for use for human food, he
shall condemn the same and cause it to be destroyed or disposed of
in such a manner as to make it impossible to be hereafter used for
human food.
B.
No dealer shall be prosecuted under the provisions of this chapter
for distributing or selling or having in his possession with intent
to distribute or sell any article of food or drugs which, under any
of said provisions, shall be deemed to be adulterated or misbranded,
provided that said article of food or drugs is distributed or sold
or has in possession with intent to distribute or sell in the original
unbroken package in which it was received by said dealer and that,
in case the article was purchased by said dealer from a wholesaler,
jobber, manufacturer or other person residing within the City of Atlantic
City and said dealer can establish a guaranty signed by such wholesaler,
jobber, manufacturer or other person from whom he purchased such article,
to the effect that the same is not adulterated or misbranded within
the meaning of this chapter designating it; or in case said article
was purchased by said dealer from a wholesaler, jobber, manufacturer
or other person residing outside the City of Atlantic City and said
dealer can establish a guaranty signed by such wholesaler, jobber,
manufacturer or other person from whom he purchased such article to
the effect that the same is not adulterated or misbranded within the
meaning of an Act of the Legislature of the State of New Jersey entitled
"An Act to secure the purity of foods, beverages, confectionery, condiments,
drugs and medicines, and to prevent deception in the distribution
and sales thereof. (Revision of 1907)," approved May 20, 1907, or
a guaranty to the effect that the same is not adulterated or misbranded
within the meaning of an Act of Congress of the United States of America
entitled "An Act for preventing the manufacture, sale or transportation
of adulterated, or misbranded or poisonous, or deleterious foods,
drugs, medicines and liquors, and for regulating traffic therein,
and for other purposes," approved June 30, 1906, and the supplements
and amendments thereof. Such guaranty to afford protection shall contain
the name and address of the person making the sale of such article
to such dealer, and in such case said person, if he is a resident
of the City of Atlantic City, shall be amendable to the prosecution,
fines and other penalties which will attach in due course to the dealer
under the provision of this chapter. If the guaranty is signed by
a person who resides outside of the City of Atlantic City, then the
Health Officer of Atlantic City shall report the facts in the case
to the Board of Health of the State of New Jersey. And provided further,
that no guaranty that any article is not adulterated or misbranded
within the meaning of the above-mentioned acts of the State of New
Jersey and of the Congress of the United States shall be provisions
of the abovementioned Acts of New Jersey and of the Congress of the
United States covering the adulteration and misbranding of such guaranteed
article effective to exempt any dealer from prosecution under this
chapter, unless they are identical.
When any person shall violate any of the provisions of this
chapter by manufacturing or producing any article of food or drug
for distribution or sale or by having any such article in possession
with intent to distribute or sell or by offering or exposing any such
article for sale at different manufactories or places of business
or in different wagons or conveyances on the same day or at the same
time, the manufacture or production for distribution or sale or possession
with intent to distribute or sell or offering or exposing for sale
of any such article in violation of this chapter at each such manufactory,
place of business or in each such wagon or conveyance on the same
day or at the same time shall be deemed a separate and distinct violation
of this chapter.
A.
The word "person" as used in this chapter shall be construed to import
the plural and the singular, as the case may demand, and shall include
corporations, companies, societies and associations as well as individuals.
B.
When construing and enforcing any provision of this chapter, the
act, omission or failure of any officer, agent or other person acting
for or employed by any individual, corporation, company, society or
association within the scope of his employment or office shall in
every case be deemed to be the act, omission or failure of such individual,
corporation, company, society or association, as well as that of the
person.
Whenever any person shall violate any of the provisions of this
chapter, it shall be lawful for the Bureau of Health either before
or after the institution of proceedings for the election of the penalty
imposed by this chapter for such violation, to file a bill in the
Court of Chancery, in the name of the city, for an injunction to restrain
such violation and for such other or further relief in the premises
as the Court of Chancery shall deem proper but the filing of such
bill, nor any of the proceedings herein, shall not relieve any party
to such proceedings from the penalty or penalties prescribed by this
chapter for such violation.
In case for any reason any section or any provision of this
chapter shall be questioned in any court and shall be held to be unconstitutional
or invalid, the same shall not be held to affect any other section
or provision of this chapter.
