New Jersey Statutes - Title 24 Food and Drugs - 24:21-31 Powers of enforcement personnel.
31. Powers of enforcement personnel. a. It is hereby made the duty of the division, its officers, agents, inspectors and representatives, and of all peace officers within the State, and of the Attorney General and all county prosecutors, to enforce all provisions of P.L.1970, c.226 (C.24:21-1 et seq.), as amended and supplemented, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other states, relating to narcotic drugs or controlled dangerous substances, and it shall be the duty of the New Jersey Board of Pharmacy in the Division of Consumer Affairs in the Department of Law and Public Safety, its officers, agents, inspectors and representatives also to assist the division, peace officers and county prosecutors in the enforcement of all provisions of P.L.1970, c.226, as amended and supplemented, relating to the handling of controlled dangerous substances by pharmacy owners and pharmacists.
b. Authority is hereby granted to the director:
(1) To promulgate all necessary rules and regulations for the efficient enforcement of P.L.1970, c.226, as amended and supplemented;
(2) To promulgate, insofar as applicable, regulations from time to time promulgated by the Attorney General of the United States;
(3) To promulgate an order relative to any controlled dangerous substance under P.L.1970, c.226, as amended and supplemented, when the delay occasioned by acting through promulgation of a regulation would constitute an imminent danger to the public health or safety.
(a) An order of the director shall take effect immediately, but it shall expire 270 days after promulgation thereof. Rules and regulations pursuant to such order may be adopted and promulgated by the director but they shall not take effect until he has given due notice of his intention to take such action and has held a public hearing.
(b) Any person who denies that a drug or pharmaceutical preparation is properly subject to an order by the director which applies the provisions of P.L.1970, c.226, as amended and supplemented, to such drug or pharmaceutical preparation, may apply to the director for a hearing which must be afforded, except where a drug or pharmaceutical preparation has been the subject of a prior hearing or determination by the director, in which case a hearing shall be discretionary with the director. In such case a decision must be rendered by the director or his designee within 48 hours of the request for a hearing. If the petitioning party is aggrieved by the decision, he shall have the right to apply for injunctive relief against the order. Jurisdiction for such injunctive relief shall be in the Superior Court of New Jersey by way of summary proceedings.
c. In addition to the powers set forth in subsection a. of this section, any officer or employee of the division designated by the director may:
(1) Execute search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses issued under the authority of this State;
(2) Make seizures of property pursuant to the provisions of this act; and
(3) Perform such other law enforcement duties as may be designated by the director with the approval of the Attorney General.
L.1970, c.226, s.31; amended 2007, c.244, s.16.
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Last modified: February 14, 2012