[R.O. 1966 § 12:2-9]
No person shall manufacture, have for sale, offer for sale, distribute or sell any food, cosmetic, drug or device which is adulterated or misbranded within the meaning of N.J.S. 24:1-1.
CROSS REFERENCE: For similar prohibition as to milk or milk products, see Section 13:4-26.
[R.O. 1966 § 12:2-10]
a. 
The Health Officer may take samples of food, drink, drugs, cosmetics and other substances as he/she may deem necessary for the detection of unwholesomeness, adulteration, contamination or misbranding. At the time such samples are taken, a receipt shall be delivered to the person in charge of the food, drug, cosmetic plant or establishment or the eating and drinking establishment.
b. 
The Health Officer may prohibit the sale or use of any food, drink, device, drug or cosmetic which is or is suspected of being unwholesome, adulterated or contaminated.
c. 
The Health Officer shall condemn any food of a perishable nature and cause it to be destroyed or disposed of in such a manner as to make it impossible thereafter to be used for human food, whenever such is found:
1. 
Exposed or offered for sale, or had in possession with intent to sell, in violation of any provision of this chapter; or
2. 
In a state of rottenness or putrefaction, or in any condition which renders it unwholesome or unfit for use for human food.
d. 
Whenever the Health Officer or an inspector finds, or has probable cause to believe, that any food, drug, device or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, he/she shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article until permission for removal or disposal is given by the Health Officer or a court having jurisdiction. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.
[1]
Editor's Note: For statutory authority to condemn and destroy unwholesome perishable food, see N.J.S. 24:4-11.
For statutory authority to embargo adulterated or misbranded items, see N.J.S. 24:4-12.