reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.19 - Failure to file tonnage report or pay inspection fee; assessment

4:9-15.19. Failure to file tonnage report or pay inspection fee; assessment
If a licensee fails to file a tonnage report and to pay the inspection fee within 60 days after the end of the semiannual period, a collection fee of 10% of the amount due, but not less than $10.00 in any event, shall be assessed against the licensee, and the amount of fees due shall constitute a debt against the licensee. In the event that a licensee fails to file the tonnage report and to pay the inspection fee, the Department of Agriculture may assess the amount due on the basis of previous tonnage reports filed.
L.1970, c. 66, s. 19.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.20 - Sales to intermediate distributors; filing of report and payment of fee

4:9-15.20. Sales to intermediate distributors; filing of report and payment of fee
When the distribution of a commercial fertilizer or soil conditioner involves sales or distribution to one or more intermediate distributors before sale or distribution to the consumer, the person who distributes to a non-licensee is required to report the tonnage and pay the inspection fee, unless the report and payment have been made by a prior licensee.
L.1970, c. 66, s. 20.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.21 - Sampling and analysis by Department of Agriculture

4:9-15.21. Sampling and analysis by Department of Agriculture
It shall be the duty of the Department of Agriculture to sample, inspect, make analyses of, and test commercial fertilizers and soil conditioners distributed within this State at such time and place and to such an extent as it may deem necessary to determine whether such products are in compliance with the provisions of this act. The department is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers and soil conditioners and to records relating to their distribution, subject to the provisions of this act and the rules and regulations adopted by the State Board of Agriculture pursuant thereto.
L.1970, c. 66, s. 21.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.22 - Method of analysis and sampling

4:9-15.22. Method of analysis and sampling
The methods of analysis and sampling utilized under section 21 of this act shall be adopted by the State Board of Agriculture on the basis of authoritative sources such as publications of the Association of Official Analytical Chemists.
L.1970, c. 66, s. 22.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.23 - Determination of violations

4:9-15.23. Determination of violations
The Department of Agriculture, in determining for administrative purposes whether any commercial fertilizer or soil conditioner is in violation of this act, shall base such determination solely upon official samples as defined in subsection 3(i) and obtained and analyzed in accordance with sections 21 and 22.
L.1970, c. 66, s. 23.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.24 - Deficiency; forwarding analysis report to licensee

4:9-15.24. Deficiency; forwarding analysis report to licensee
The results of an analysis of a sample of any commercial fertilizer or soil conditioner which indicates a deficiency shall be forwarded promptly by the State Chemist to the licensee. Upon request and within 15 days of the date the analysis report is forwarded, the State Chemist shall furnish to the licensee a portion of any sample. If within 15 days after the forwarding of the analysis report indicating a deficiency no adequate evidence contradicting the analysis report is made available to the State Chemist, the report of the sample analysis shall become official and may be submitted to the purchaser.
L.1970, c. 66, s. 24.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.25 - Deficiency in primary plant nutrients; penalties

4:9-15.25 Deficiency in primary plant nutrients; penalties
25. If an official analysis shows that a commercial fertilizer is deficient in one or more of its guaranteed primary plant nutrients (nitrogen, available phosphoric acid, and soluble potash) beyond the investigational allowance as established by regulation or if the over-all index value of the fertilizer is below the level established by regulation, a penalty of five times the commercial value of such deficiency shall be assessed by the State Chemist against the licensee. Subsequent violations within two years of the first violation shall be subject to an additional penalty of not less than $200.00 or more than $1,000.00.
L.1970,c.66,s.25; amended 2002, c.34, s.7.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.26 - Determination and publication of value of primary plant nutrients

4:9-15.26. Determination and publication of value of primary plant nutrients
For the purpose of determining the commercial values to be applied under section 25 of this act, the State Board of Agriculture shall determine and publish annually the values per pound of nitrogen, including water insoluble nitrogen, available phosphoric acid, soluble potash, and other plant nutrients as determined by the State board, in commercial fertilizers in this State. The values so determined and published shall be used in determining and assessing penalties.
L.1970, c. 66, s. 26.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.27 - Payment of penalties

4:9-15.27. Payment of penalties
All penalties assessed under section 25 of this act shall be paid to the purchaser, or to a consumer who thereafter received possession of the lot represented by the sample analyzed, within 60 days after the date of notice from the State Chemist to the licensee. Receipts shall be obtained and forwarded promptly to the State Chemist by the licensee. If the purchaser or consumer cannot be found, the amount of the penalty shall be paid to the State Treasurer.
L.1970, c. 66, s. 27.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.29 - Deficiency; penalty prescribed by regulation

4:9-15.29. Deficiency; penalty prescribed by regulation
If an official report of a sample analysis shows that a commercial fertilizer or soil conditioner is deficient beyond the investigational allowance as established by regulation in any constituents guaranteed pursuant to paragraph 10(c)(3) of this act, the penalties prescribed by regulation adopted by the State Board of Agriculture shall be applicable.
L.1970, c. 66, s. 29.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.30 - Misbranding

4:9-15.30. Misbranding
No person shall distribute a misbranded product. A commercial fertilizer or soil conditioner shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If it is distributed under the name of another product.
(c) If it is not labeled in accordance with any applicable provisions of sections 10, 11, 12, 13, 14 and 15 of this act and of regulations prescribed under this act.
(d) If it purports to be or is represented as a commercial fertilizer, or is represented as containing a plant nutrient or commercial fertilizer, unless such plant nutrient or commercial fertilizer conforms to the definitions or terms prescribed by regulation. In the adoption of such regulations due regard shall be given to commonly accepted definitions and official fertilizer terms such as those issued by the Association of American Plant Food Control Officials.
L.1970, c. 66, s. 30.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.31 - Adulterated products; prohibition against distribution

4:9-15.31. Adulterated products; prohibition against distribution
No person shall distribute an adulterated product. A commercial fertilizer or soil conditioner shall be deemed to be adulterated:
(a) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use, which may be necessary to protect plant life, are not shown on the label.
(b) If its composition falls below or differs from that which it is purported to possess by its labeling.
(c) If it contains unwanted crop seed or weed seed.
L.1970, c. 66, s. 31.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.32 - Publication of information concerning distribution of fertilizers and soil conditioners and results of analyses

4:9-15.32. Publication of information concerning distribution of fertilizers and soil conditioners and results of analyses
The State Board of Agriculture shall publish in such form and as it may deem proper:
(a) At least once every 6 months, information concerning the distribution of commercial fertilizer and soil conditioners.
(b) At least once each year, results of analyses based on official samples of commercial fertilizer distributed within the State as compared with the guaranteed analyses prescribed under section 10.
L.1970, c. 66, s. 32.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.33 - Rules and regulations

4:9-15.33. Rules and regulations
The State Board of Agriculture, after public hearing and due notice, in accordance with the Administrative Procedure Act (P.L.1968, c. 410, C. 52:14B-1 et seq.), may adopt such rules and regulations as it deems necessary to carry into effect the full intent and purposes of this act.
L.1970, c. 66, s. 33.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.33a - Fertilizer regulation

4:9-15.33a. Fertilizer regulation
The department may adopt rules and regulations it may deem appropriate concerning the preparation, processing or distribution of seafood wastes to be used to fertilize or otherwise improve the chemical or physical characteristics of soil.
L. 1986, c. 80, s. 1, eff. Aug. 6, 1986.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.33b - Cooperation encouraged

4:9-15.33b. Cooperation encouraged
The department may cooperate with any State or federal agency or any private organization to effectuate the purposes of this act.
L. 1986, c. 80, s. 2, eff. Aug. 6, 1986.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.34 - Revocation, suspension or refusal of license

4:9-15.34. Revocation, suspension or refusal of license
The State Board of Agriculture may revoke, suspend, or refuse to renew the license of any licensee or refuse to issue a license to a person under this act upon finding that the licensee or applicant has violated any provision of this act or of the rules and regulations adopted thereunder. No license shall be revoked, suspended, or refused until the licensee or applicant shall have been afforded an opportunity for a hearing before the State board or such person or persons as the State board may designate to conduct such hearings.
L.1970, c. 66, s. 34.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.35 - Stop sale, use, or removal order

4:9-15.35. Stop sale, use, or removal order
The State Board of Agriculture may issue and enforce a written "stop sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer or soil conditioner, or material purported to be commercial fertilizer or soil conditioner, when the State Chemist finds that said material is being offered or exposed for sale in violation of any provision of this act or any rule or regulation adopted thereunder. Such order may require that the material be held at a designated place until the violation has been corrected and written authorization for removal has been received from the Department of Agriculture. The State Chemist shall authorize removal of commercial fertilizer or soil conditioner so held whenever the requirements of this act have been met and any identifiable costs and expenses incurred by the department in connection with this action, due to a violation, have been paid.
L.1970, c. 66, s. 35.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.36 - Seizure and disposal of deficient products

4:9-15.36. Seizure and disposal of deficient products
Any lot of commercial fertilizer or soil conditioner which is in violation of this act shall be subject to seizure on complaint of the State Board of Agriculture to a court of competent jurisdiction in the area in which said product is located. In the event the court finds the product to be in violation of this act and orders the condemnation of said product, it shall be disposed of in any manner consistent with the quality of the product and the laws of the State:
Provided, that in no instance shall the disposition of said commercial fertilizer or soil conditioner be ordered by the court without first affording the owner an opportunity to apply to the court for release of the product or for permission to process or relabel the product to bring it into compliance with this act.
L.1970, c. 66, s. 36.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.37 - Injunction

4:9-15.37. Injunction
Any violation or threatened violation of any provision of this act or of any rule or regulation adopted thereunder may be restrained by the Superior Court in an action brought for such purpose by the Attorney General on behalf of the State Board of Agriculture.
L.1970, c. 66, s. 37.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.38 - Violations; penalties

4:9-15.38. Violations; penalties
38. Any person convicted of violating any provision of this act or of any rule or regulation adopted thereunder other than a violation involving a plant nutrient deficiency shall be subject to a penalty of not less than $25.00 nor more than $100.00 for the first offense and not less than $100.00 nor more than $500.00 for any subsequent offense within a three-year period. The penalty shall be collected and enforced in summary proceedings under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.) in the Superior Court.
L.1970,c.66,s.38; amended 1991,c.91,s.166.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.39 - Hearings

4:9-15.39. Hearings
Upon receiving any information of a violation of any provision of this act or of any rule or regulation adopted thereunder, the Secretary or any agent designated by him for such purpose, is empowered to hold hearings upon said violation and, upon finding the violation to have been committed, to assess a penalty against the violator in such amount, not to exceed the maximum limit set forth in section 38, as the secretary deems proper under the circumstances. If the violator pays such penalty as settlement, no further prosecution shall be had upon that violation. Payment of such a penalty shall be deemed equivalent to a conviction for violation of this act.
L.1970, c. 66, s. 39.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.40 - Minor violations; warnings

4:9-15.40. Minor violations; warnings
Nothing in this act shall be construed as requiring the State Chemist or the Department of Agriculture to report a minor violation for prosecution or seizure proceedings when the State Chemist determines that the public interests will best be served by a suitable notice of warning in writing.
L.1970, c. 66, s. 40.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.41 - Exempt transactions

4:9-15.41. Exempt transactions
Nothing in this act shall be construed to apply to sales or exchanges of commercial fertilizer or soil conditioners between importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer or soil conditioner to manufacturers or manipulators who have been licensed under this act.
L.1970, c. 66, s. 41.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.42 - Severability

4:9-15.42. Severability
If any provision of this act, or any application of any provision, is held invalid, the invalidity shall not affect other applications of the provision, or other provisions of the act, which reasonably can be given effect despite the invalidity. To this end, the provisions of this act are hereby declared to be severable.
L.1970, c. 66, s. 42.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.43 - Record of sales of restricted commercial fertilizer.

4:9-15.43 Record of sales of restricted commercial fertilizer.
2. a. Every manufacturer or distributor of a restricted commercial fertilizer shall record, on forms provided by the secretary, the number of a valid State or federal driver's license bearing a photograph, or other picture identification card number approved for buyer identification by the State Board of Agriculture, and make a clear copy of that identification, before offering for sale or selling restricted commercial fertilizer to that buyer.
b. Licensed manufacturers or distributors shall maintain for at least two years a record of all sales of restricted commercial fertilizer including:
(1) the date of sale or delivery of the fertilizer;
(2) the name, address and copy of the driver's license or picture identification card of the person to whom the fertilizer was sold or delivered;
(3) the amount of the fertilizer; and
(4) any other information as may be required by the State Board of Agriculture.
c. Licensed manufacturers or distributors shall annually compile and report the information required pursuant to subsection a. of this section to the State Board of Agriculture.
d. The State Board of Agriculture shall refuse to grant or renew a license of a manufacturer or distributor who fails to comply with the reporting requirements set forth in subsections a. and b. of this section.
e. A licensed manufacturer or distributor may refuse to offer for sale or sell restricted commercial fertilizer to buyers attempting to purchase ammonium nitrate out of season, in unusual quantities or under suspect purchase patterns.
f. The State Board of Agriculture, after consultation with the Domestic Security Preparedness Task Force, shall promulgate regulations implementing the provisions of this section.
L.2005,c.37,s.2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.44 - Report of suspect purchase, theft, loss by distributors.

4:9-15.44 Report of suspect purchase, theft, loss by distributors.
3. A distributor of restricted commercial fertilizer shall immediately report any suspect purchase pattern, theft or loss of inventory of a restricted commercial fertilizer to the appropriate law enforcement agency.
L.2005,c.37,s.3.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.45 - Immunity for refusal to sell, report of suspect purchases, certain circumstances.

4:9-15.45 Immunity for refusal to sell, report of suspect purchases, certain circumstances.
4. Notwithstanding any provision of law to the contrary, any person who refuses to sell a restricted commercial fertilizer to any person, or any person who reports information to a law enforcement official or agency concerning the suspect purchase pattern of any person attempting to purchase a restricted commercial fertilizer shall be immune from any civil liability on account of the report, unless such person has acted in bad faith or with malicious purpose.
L.2005,c.37,s.4.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-21.3 - Information affixed to each package of agricultural liming materials

4:9-21.3. Information affixed to each package of agricultural liming materials
3. (a) Agricultural liming materials sold or offered for sale in the State shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information:
(1) The name and principal office address of the licensee.
(2) The brand or trade name of the material.
(3) The identification of the product as to the type of the agricultural liming material.
(4) The net weight of the agricultural liming material.
(5) The fineness classification of all materials except burnt lime, hydrated lime and marl. A material shall be labeled as fine sized when at least 95% by weight passes through a 20 mesh sieve, 60% by weight passes through a 60 mesh sieve and 50% by weight passes through a 100 mesh sieve. A material shall be labeled as medium sized when at least 90% by weight passes through a 20 mesh sieve, 50% by weight passes through a 60 mesh sieve, and 30% by weight passes through a 100 mesh sieve. A material shall be labeled as coarse sized when the material fails to meet minimums for the fine sized and the medium sized classification.
(6) The minimum percentage on a dry weight basis of calcium and magnesium.
(7) (Deleted by amendment, P.L.1995, c.390).
(8) The calcium carbonate equivalent.
(9) The effective neutralizing value.
(b) (Deleted by amendment, P.L.1995, c.390).
(c) No information or statement shall appear on any package, label or delivery slip or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type or composition of the agricultural liming material.
(d) In the case of any material which has been adulterated subsequent to packaging, labeling or loading thereof and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip such notice to identify the kind and degree of such adulteration therein.
(e) At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.
L.1968,c.392,s.3; amended 1975,c.140,s.1; 1995,c.390,s.2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-21.4 - Requirements for sale of agricultural liming material

4:9-21.4. Requirements for sale of agricultural liming material
4. (a) No person shall sell or offer for sale in this State agricultural liming material unless it complies with the provisions of "The New Jersey Agricultural Liming Materials Act," P.L.1968, c.392 (C.4:9-21.1 et seq.) and any rules or regulations adopted pursuant thereto.
(b) No agricultural liming material shall be sold or offered for sale in this State which contains toxic materials in quantities injurious to plants or animals.
L.1968,c.392,s.4; amended 1995,c.390,s.3.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-21.6 - License required; expiration

4:9-21.6. License required; expiration
6. No person shall manufacture for distribution in this State or distribute in this State any agricultural liming material until a license has been obtained by the person whose labeling is applied to such agricultural liming material from the State board or its authorized agent. All licenses shall expire on December 31 of each year.
L.1968,c.392,s.6; amended 1975,c.140,s.2; 1995,c.390,s.4.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-21.7 - Annual license fee

4:9-21.7 Annual license fee
7. The annual license fee shall be $250.00 payable on January 1 of each year or prior to the distribution in such year.
L.1968,c.392,s.7; amended 1975, c.140, s.3; 2002, c.34, s.8.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-21.8 - Statement submitted by licensee

4:9-21.8 Statement submitted by licensee
8. Within the 30-day period following December 31 of each year, each licensee shall submit on a form furnished by the State board or its authorized agent a statement setting forth the number of net tons of each agricultural liming material sold by him for use in the State during the previous 12-month period. Such statement shall be accompanied by payment of the inspection fee at the rate of $0.05 per ton. Such reports shall be confidential and no information therein shall be disclosed in any manner that will reveal the operation of any licensee. Fees collected pursuant to this section shall be forwarded to the State Treasurer.
L.1968,c.392,s.8; amended 1975, c.140, s.4; 1995, c.390, s.5; 2002, c.34, s.9
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-21.9 - Empowerment of State board, authorized agent

4:9-21.9. Empowerment of State board, authorized agent
9. The State board or its authorized agent is hereby empowered and it shall be the duty of its agent to sample, inspect, test, and analyze agricultural liming materials to determine compliance with the provisions of P.L.1968, c.392 (C.4:9-21.1 et seq.). The State board or its authorized agent for the purpose of taking samples and to examine the records relating to the tonnage of agricultural liming materials distributed in New Jersey, shall have full access during business hours to all places wherein agricultural liming materials are offered for sale or where records of the tonnage distributed in New Jersey are kept. Upon written notice, the State board or its agent may remove from sale any lot of agricultural liming material until it has been determined that the material is in full compliance with this act.
L.1968,c.392,s.9; amended 1975,c.140,s.5; 1995,c.390,s.6.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-21.10 - Violations; penalties

4:9-21.10 Violations; penalties
10. Any person convicted of violating any provision of this act or any rule or regulation promulgated thereunder shall be subject to a penalty of not less than $100.00 nor more than $500.00 to be enforced by summary proceedings under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Upon receiving any information of a violation of any part of this act other than a violation involving a weighed or measured deficiency or the rules and regulations issued thereunder, the secretary, or any assistant designated by him for such purpose, is empowered to hold hearings, formal or informal, upon said violation and upon finding the violation to have been committed, to assess a penalty against the person alleged to have committed such violation, in an amount not to exceed the maximum limit set forth in this section as the secretary deems proper under the circumstances. In the event the violator makes satisfactory settlement, no further prosecution shall be had upon that violation. Payment of a penalty, in the form of a settlement, shall be deemed equivalent to a conviction for a violation of this act. Violations not settled in this manner may be referred to the court of competent jurisdiction. Nothing in this act shall be construed as requiring the State board or its authorized agent to report for prosecution or for the institution of seizure proceedings as a result of minor violations of "The New Jersey Agricultural Liming Materials Act," P.L.1968, c.392 (C.4:9-21.1 et seq.) when it believes that the public interest will best be served by a suitable written warning.
L.1968,c.392,s.10; amended 1995, c.390, s.7; 2002, c.34, s.10.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-21.11 - Rules and regulations

4:9-21.11. Rules and regulations
The State Board of Agriculture after reasonable notice and hearing is empowered to promulgate and enforce rules and regulations for the administration of this act and to grant exemptions from specific requirements of this act as, from time to time, may be deemed necessary.
L.1968, c. 392, s. 11.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-21.12 - Issuance of stop sale, use, removal order

4:9-21.12. Issuance of stop sale, use, removal order
8. The State Board or its authorized agent may issue in writing a stop sale, use or removal order to the owner or custodian of any agricultural liming material when the State Chemist finds that the material is being offered for sale or sold in violation of the provisions of "The New Jersey Agricultural Liming Materials Act," P.L.1968, c.392 (C.4:9-21.1 et seq.) or any rules or regulations adopted thereunder. The order may require that the material be held at a designated place until the violation has been corrected and an order has been issued in writing authorizing its removal. The board shall authorize removal of the material when the requirements of P.L.1968, c.392 have been met and any costs and expenses incurred by the department in connection with the action have been paid.
L.1995,c.390,s.8.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-22 - Definitions

4:9-22. Definitions
As used in this article:
"Director" means the director of the New Jersey agricultural experiment station.
"Experiment station" means the New Jersey agricultural experiment station.
"Legume inoculants" means any material which contains the nitrogen-gathering organism known as Bacillus radicicola and which is sold, offered or exposed for sale in this state for the purpose of conveying organisms of Bacillus radicicola.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-23 - Information on label of inoculants sold

4:9-23. Information on label of inoculants sold
Every package of legume inoculant sold, offered or exposed for sale in this state shall have attached or affixed to the outside of the container a printed tag or label giving the following information:
a. The brand name;
b. The kinds of legume crops for which the contents may be used;
c. Month and year in which inoculant was prepared;
d. Probable date beyond which inoculant would be of doubtful value;
e. Quantity of material in terms of amount of seed or acreage for which contents may be used;
f. Name and address of manufacturer.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-24 - Annual statement filed with director

4:9-24. Annual statement filed with director
A person offering or exposing for sale legume inoculants in this state shall file annually with the director, a statement showing the brands of legume inoculants which he intends to sell, offer or expose for sale in this state, together with the name and address of the manufacturer thereof.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-25 - Taking and analysis of samples; publication of results

4:9-25. Taking and analysis of samples; publication of results
For the purpose of carrying out the provisions of this article, the director or his deputy, shall take or cause to be taken, as samples, packages of legume inoculants sold, offered or exposed for sale in the state, and shall have free access at all reasonable times, upon and into any premises or structure for this purpose. Payment for samples shall be made at the market price.
The director shall make or cause to be made an examination, analysis or test of such samples to determine the conditions of the inoculant; the results of which shall be published in an annual bulletin.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-27 - Free examination of samples

4:9-27. Free examination of samples
A citizen of this state may, in accordance with regulations prescribed by the experiment station for this purpose, and by prepaying the transportation charges, send samples of legume inoculants to the experiment station for examination and analysis, and such examination or analysis shall be reported upon free of charge.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-28 - Penalty for violations or interference

4:9-28. Penalty for violations or interference
A person who shall:
a. Sell, offer or expose for sale any package of legume inoculant which does not comply with the provisions of this article; or
b. Interfere with any official employed in the enforcement of this article--
Shall be liable to a penalty of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each offense, to be sued for and recovered in a civil action by and in the name of the department. All penalties recovered under this article shall be paid into the State treasury.
Amended by L.1953, c. 5, p. 32, s. 19.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-29 - Unmanufactured manure; sale or delivery unadulterated

4:9-29. Unmanufactured manure; sale or delivery unadulterated
Whenever unmanufactured horse manure is furnished, sold, or delivered in this State, such manure shall be only the natural product as the same is produced by horses in the stable, together with the straw bedding, without the intentional addition of water, any other manure, or any other foreign substance whatsoever.
L.1944, c. 43, p. 97, s. 1.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-30 - When unmanufactured manure deemed adulterated

4:9-30. When unmanufactured manure deemed adulterated
For the purposes of this act, unmanufactured horse manure shall be deemed to be adulterated if it contains any water, intentionally or deliberately added, or if any other manure, or any other foreign substance is intentionally mixed therewith, whether such added water, manure, or other substance is added thereto, or becomes a part thereof, by permitting water or any other substance to flow or seep into, or otherwise become a part of such unmanufactured horse manure while standing in a manure pit or any other place.
L.1944, c. 43, p. 98, s. 2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-31 - Sale or delivery of adulterated manure prohibited

4:9-31. Sale or delivery of adulterated manure prohibited
No person, copartnership, association, or corporation shall furnish, sell or offer for sale, or deliver in this State any unmanufactured horse manure that is adulterated as defined in this act.
L.1944, c. 43, p. 98, s. 3.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-32 - Representation on sale or delivery

4:9-32. Representation on sale or delivery
No person, copartnership, association, or corporation in connection with any sale, furnishing, or delivery of manure, shall represent the same as being unmanufactured horse manure if such manure is adulterated within the meaning of this act.
L.1944, c. 43, p. 98, s. 4.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-33 - Sale by weight; adulteration of manure unlawful

4:9-33. Sale by weight; adulteration of manure unlawful
Whenever any unmanufactured horse manure is or has been sold by weight, and the price to be paid therefor is to be fixed by weighing the same at any point within this State, it is unlawful for any person, copartnership, association, or corporation to deliver for weighing, or to cause or permit to be weighed, any unmanufactured horse manure to which has been added, intentionally, any water, any other manure, or any other substance whatsoever, which increases the weight of such unmanufactured horse manure.
L.1944, c. 43, p. 98, s. 5.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-34 - Importation of adulterated manure prohibited

4:9-34. Importation of adulterated manure prohibited
No person, copartnership, association, or corporation shall import or bring into this State any manure for the purpose of sale or delivery in this State, which manure is adulterated within the meaning of this act.
L.1944, c. 43, p. 98, s. 6.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-35 - Misdemeanor; penalties

4:9-35. Misdemeanor; penalties
Any person, copartnership, association, or corporation who or which by himself or itself, or by his or its agents, servants, or employees, violates any of the provisions of this act shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand dollars ($1,000.00), or in the case of an individual, or the members of a partnership, or the responsible officers of an association or corporation to undergo imprisonment not exceeding six months, or both.
L.1944, c. 43, p. 98, s. 7.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-36 - Enforcement of law by Department of Weights and Measures; disposition of fines and penalties

4:9-36. Enforcement of law by Department of Weights and Measures; disposition of fines and penalties
It shall be the duty of the Department of Weights and Measures to enforce the provisions of this act, and in connection therewith, the department, its employees, or agents are authorized to enter any storehouse, warehouse, stable, railroad yard, railroad car, or any other building or place where unmanufactured horse manure is kept, stored, dealt in, or transported for delivery within this State. All fines and penalties, collected under the provisions of this act, shall be paid into the general fund of the State Treasury.
L.1944, c. 43, p. 99, s. 8.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-37 - Severability of provisions; partial invalidity

4:9-37. Severability of provisions; partial invalidity
The provisions of this act shall be severable, and if any of the provisions shall be held to be unconstitutional, such decision shall not affect the validity of any of the remaining provisions of this act. It is hereby declared as the legislative intent that this act would have been adopted had such unconstitutional provision not been included therein.
L.1944, c. 43, p. 99, s. 9.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-38 - Composting, handling, etc. of animal wastes.

4:9-38 Composting, handling, etc. of animal wastes.
12. The Department of Agriculture shall, by rule or regulation and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), establish criteria and standards for the composting, handling, storage, processing, utilization and disposal of animal wastes as provided in section 19 of P.L.1997, c.236 (C.4:27-19).
L.1989,c.151,s.12; amended 1997, c.236, s.33.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-1 - Definitions.

4:10-1 Definitions.
4:10-1. As used in this chapter:
"Department" means the department of agriculture.
"Secretary" means the secretary of agriculture.
"Farm products" means any agricultural, dairy, poultry or horticultural product, or any product designed for food purposes, manufactured, derived or prepared principally from any agricultural, dairy, poultry or horticultural product or products, including any fresh or salt water food product.
Amended 2007, c.32.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-2 - Powers and duties of department

4:10-2. Powers and duties of department
In order to promote more economical methods of marketing and distributing farm products, the department, acting through the Division of Markets, or otherwise, as provided for in this Title, may:
a. Collect and diffuse timely information relative to the seasonal supply, demand and prevailing prices of farm products, both at wholesale and retail, the movement of farm products through commercial channels, and in co-operation with the department of health, the quantities and conditions of farm products in common and cold storage;
b. Assist and advise in the organization and maintenance of public markets, both for wholesale and retail selling, and enter into agreements with municipalities for supplying daily or seasonal production and marketing information and requiring from them reports on the public market activities;
c. Assist and advise in the organization and maintenance of producers' and consumers' co-operative selling and buying associations;
d. Investigate the cost of distributing farm products, both in a wholesale way and at retail, and publish such finding as may be of practical interest to the public;
e. Furnish advice and assistance to the public with reference to buying of farm products and other matters relative thereto;
f. Investigate delays, embargoes and other conditions, charges, rates and practices in the handling, transportation, storage, buying and selling of farm supplies and farm products, which appear to retard the free and efficient movement of such supplies and products from the point of production, storage, manufacture, packing and repacking, to the ultimate consumer;
g. Take such lawful measures as may be deemed advisable to prevent waste or uneconomical use of farm products.
Amended by L.1950, c. 293, p. 995, s. 16.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-3 - Establishment of standards for grading and for receptacles

4:10-3. Establishment of standards for grading and for receptacles
The department of agriculture may, from time to time, establish and promulgate standards that may be used by producers and distributors under the provisions of this chapter for the grading and other classification of farm products, and in co-operation with the department of weights and measures establish and promulgate standards for receptacles for farm products.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-4 - Marking products to falsely indicate conformity to standard

4:10-4. Marking products to falsely indicate conformity to standard
Whenever any standard for the grading or other classification of farm products becomes effective under this chapter, no person thereafter shall mark or label any product or package containing it in such a way as to indicate or to make it appear upon ordinary observation that the product conforms to the standard, unless the product actually does conform to the standard.
The secretary may at any time cause such investigations, classifications and tests to be made as he may deem necessary to enforce the provisions of this section.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-5 - Use of outline of State on products; license; penalty.

4:10-5 Use of outline of State on products; license; penalty.
4:10-5. No person shall use the outline of this State on packages or devices containing farm products or to otherwise advertise or promote such farm products unless the person is licensed by the department so to do.
Upon application for such a license and upon being satisfied that any farm products to be sold by the applicant conform to official standards promulgated by the department, the department may issue a license in the name of the State, permitting the person to use the outline on any such package, device , or advertising.
The form of the application and the license shall be determined by the department.
The license may be revoked by the department at any time for good cause shown after notice and an opportunity to be heard and subject to the right of appeal to the State board.
A person who shall violate the provisions of this section shall be liable to a penalty of $100, to be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and paid to the General Fund. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section. Each package or device improperly labeled in violation of this section shall constitute a separate violation.
amended 1953, c.5, s.20; 2011, c.218, s.1.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-6 - Inspection and classification of products according to standards; fees

4:10-6. Inspection and classification of products according to standards; fees
The secretary may designate any competent employee or agent of the department to make, upon request, investigations, inspections and classifications of farm products in accordance with standards which have become effective under this chapter. When any such investigation, inspection or classification is made, the employee or agent shall issue a certificate of the grade or other classification of the farm product involved.
The secretary may fix, assess and collect, or cause to be collected, fees for such services, when they are performed by employees or agents of the department.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-7 - Appeals from classification of products; fees

4:10-7. Appeals from classification of products; fees
Any interested party, within a reasonable time, to be prescribed in the regulations made under this chapter, may appeal to the secretary from the grading or classification of any farm product authorized under this chapter, and the secretary shall thereupon cause such investigation to be made, and such tests to be applied, as he may deem necessary to determine the true grade or classification thereof.
Whenever an appeal is taken to the secretary under this chapter, he shall charge and assess and collect, or cause to be collected, a reasonable fee, to be fixed by him, which shall be refunded if the appeal is sustained.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-8 - Certificate of classification as evidence

4:10-8. Certificate of classification as evidence
A certificate, when not superseded by a finding of the grade or other classification of any farm products, issued under this chapter, shall be accepted in any court of this state as prima facie evidence of the true grade or other classification of the farm product at the time of its classification.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-9 - Disposition and use of fees collected.

4:10-9 Disposition and use of fees collected.
4:10-9. All fees and other moneys collected under this chapter by the secretary and the employees or agents of the department, shall be paid into the General Fund, and shall be appropriated for the use of the department in carrying out the provisions of this chapter when authorized by any appropriation act.
amended 2011, c.218, s.2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-10 - Reports to department on products

4:10-10. Reports to department on products
A person in this state engaged in marketing farm products shall prepare and submit to the department, upon request, at such regular intervals and in such form as may be prescribed, reports of the quantity and conditions of any farm product held by, or for, such person in commercial or other storage in this state.
A person in this state shall furnish the department, upon request, on such date, and in such form as may be prescribed, special reports, orally or in writing, concerning the demand for, and the supply, consumption, cost, value, price and condition and period of the holding of any farm product, which is, or has been held by, or for, such person in storage or otherwise.
The secretary may verify the accuracy of the reports provided for in this section. When making public any information received in the reports provided for in this section, the secretary and the employees or agents of the department, shall not divulge the name of the person owning or reporting upon a farm product without the consent of such person, or except pursuant to legal processes.