New Jersey Statutes 24:5-2. Certain dealers excepted from operation of pure food and drug law; guaranty of seller
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Terms Used In New Jersey Statutes 24:5-2
- Cosmetic: means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles. See New Jersey Statutes 24:1-1
- Device: means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals. See New Jersey Statutes 24:1-1
- Food: means (1) articles used for food or drink for man or other animals (2) chewing gum and (3) articles used for components of any such article. See New Jersey Statutes 24:1-1
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
No dealer shall be prosecuted for a violation of any provision of this subtitle regulating the adulteration or misbranding of any food, drug, cosmetic or device if he distributes or sells it or has it in his possession with intent to distribute or sell it in the original, unbroken package in which it was received by him, and he can establish a guarantee signed by the person from whom he purchased the same;
a. If a resident of the State, that the article is not adulterated or misbranded within the meaning of this subtitle, designating it; or
b. If a nonresident of the State residing in the United States, that the article is not adulterated or misbranded within the meaning of an Act of Congress entitled “An act to prohibit the movement in interstate commerce of adulterated and misbranded food, drugs, devices and cosmetics, and for other purposes,” approved June twenty-fifth, one thousand nine hundred and thirty-eight, and the supplements and amendments thereto.
Amended by L.1939, c. 320, p. 774, s. 16, eff. Jan. 1, 1940.