State of New Jersey, Plaintiff-Appellant v. Hotel Bar Foods, Inc., Defendant-Respondent; State of New Jersey, Felix…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's reversal of convictions of Safeway Stores and Hotel Bar Foods for alleged violations of a weight‑and‑measure statute. The Court held that the applicable statute was the specific net‑weight labeling provision, which requires the superintendent to prescribe reasonable variations, and because no such tolerances were set, the prosecutions could not stand. The decision relied on legislative history showing that the statute was intended to regulate packaged food and to incorporate federal standards on tolerances.