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Ex. DUT-NJ-002 Standing duty Primary source read

N.J.S.A. 26:4-2, Powers of State department and local board (communicable disease control)

Powers of State department and local board

New Jersey Legislature (R.S. 1937; amended L.2005, c.222, s.31; L.2012, c.17, s.337) · New Jersey (State)

The COVID Project

The record

Jurisdiction
New Jersey
Level
State
Authority
Revised Statutes of 1937 as amended
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureQuarantine and isolationStanding dutyOther
Addressees
  • persons generally; owners or persons in control of premises
Character
statutory authority
Collection
Standing duties: New Jersey DUT-NJ

Operative words

In order to prevent the spread of disease affecting humans, the Department of Health, and the local boards of health within their respective jurisdictions and subject to the State sanitary code, shall have power to:... d. Maintain and enforce proper and sufficient quarantine, wherever deemed necessary.... f. Disinfect any premises when deemed necessary.

Penalty

N.J.S.A. 26:4-129 to -130: $10 to $100 per offense on any person who violates the chapter or 'fails to perform any duty imposed by this chapter' (Ex. DUT-NJ-003)

What it required

The Department of Health and every local board of health may declare diseases communicable and epidemic, require reporting, maintain and enforce quarantine, remove infected persons, disinfect any premises and remove or destroy infected articles, and during a declared public health emergency 'the department shall oversee the uniform exercise of these powers in the State and the local board of health shall be subject to the department's exercise of authority.' Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).

Retrieval note

Mirror of the codified text with history line ('amended 2005, c.222, s.31; 2012, c.17, s.337'); the live onecle page (last modified Oct. 11, 2016) carries identical text and was read in this session; the 2005 text is also in the enacted act, Ex. DUT-NJ-001 s. 31. Justia, FindLaw and the Legislature's Folio gateway blocked direct fetching.