New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 2 - DIVISION OF ALCOHOLIC BEVERAGE CONTROL
Subchapter 23 - CONDUCT OF LICENSEES AND PERMITTEES AND USE OF LICENSED PREMISES
Section 13:2-23.9 - Prohibition against adulterated alcoholic beverages

(a) No licensee shall manufacture, transport, possess, sell, barter, give away, offer for sale or furnish any alcoholic beverages adulterated with any foreign or harmful substance or containing any visible fruit flies or other insect matter. Notwithstanding, to the extent permitted by Federal law, tequila containing the agave worm shall not be deemed in violation of this provision.

(b) If, at the time that a violation of (a) above is discovered by an enforcing agency, the violative container is either sealed or equipped with a pouring spout containing a screen designed to prevent the ability of fruit flies and/or other insects from entering the container, then the enforcing agency shall direct the licensee to empty the violative container. Licensees shall immediately comply with this directive. Compliance with the directive shall result in no administrative charges for this violation.

(c) Nothing in this section shall prohibit licensees from storing and temporarily retaining such beverages for purposes of returning same to a manufacturer or wholesaler provided the container is immediately resealed and labeled with the name and address of the customer and the date of return by the customer.