Civil actions authorized under certain circumstances; additional relief; appeal.

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26:2A-20 Civil actions authorized under certain circumstances; additional relief; appeal.

4. a. The commissioner is authorized to institute a civil action in a court of competent jurisdiction for injunctive relief to enjoin the operation of a human milk bank whenever the commissioner determines that:

(1) a condition exists or has occurred at the human milk bank that is dangerous to the public health;

(2) the human milk bank has repeatedly violated the provisions of this act; or

(3) a human milk bank has opened or is operating without complying with the provisions of this act.

b. The commissioner may, in addition, request such other relief as is deemed necessary. In any such action the court may proceed in a summary manner.

c. Any person aggrieved by a final decision of the commissioner shall be entitled to seek judicial review in the Appellate Division of the Superior Court. All petitions for review shall be filed in accordance with the Rules of the Court.

L.2017, c.247, s.4.


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