reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:7-55 - Bringing into state hay or seeds containing Canada thistle; misdemeanor

4:7-55. Bringing into state hay or seeds containing Canada thistle; misdemeanor
A person who shall knowingly and willfully bring into this state a bale of hay containing Canada thistle, or seeds of the same, or any grass or grain seeds with which the seeds of Canada thistle are mixed shall be deemed guilty of a misdemeanor and shall be liable to a fine not exceeding one hundred dollars, or to imprisonment in the county jail, workhouse or penitentiary of the county in which such conviction shall take place, or both fine and imprisonment may be imposed, in the discretion of the court.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:7-56 - Selling manure containing Canada thistle; misdemeanor

4:7-56. Selling manure containing Canada thistle; misdemeanor
A person who shall knowingly and willfully sell any manure containing any Canada thistle, or seeds of the same, shall be guilty of a misdemeanor and shall be liable to the fine and imprisonment as provided in section 4:7-55 of this title.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.14 - Seed treated with harmful substance; label or tag

4:8-17.14. Seed treated with harmful substance; label or tag
Each container of seed treated with a substance harmful to man or other animals shall bear thereon in a conspicuous place, a plainly written or printed label or tag in the English language, giving the information prescribed in (a), (b), (c) and (d) of this section, which statement shall not be modified or denied in the labeling or on another label attached to the container (for which a separate label may be used). For bulk shipments such information shall be set forth in a conspicuous place on the bill of lading and invoice:
(a) A word or statement indicating that the seed has been treated;
(b) The commonly accepted, coined, chemical, or abbreviated chemical (generic) name of the applied substance;
(c) If the substance in the amount present with the seed is harmful to man or other animals, a cautionary statement such as "Do not use for food or feed or oil purposes." The caution for mercurials and similarly toxic substances shall be a poison statement, and symbol classification of substances shall conform as nearly as practicable to the rules and regulations of the federal Seed Act; and
(d) If the seed is treated with an inoculant, the date the inoculant becomes ineffective.
L.1963, c. 29, s. 2. Amended by L.1984, c. 201, s. 5, eff. Nov. 28, 1984, operative Jan. 1, 1985.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.17 - Other unlawful acts

4:8-17.17. Other unlawful acts
No person within this State shall--
(a) Detach, alter, deface, or destroy any label provided for in this act or the rules and regulations made and promulgated thereunder, or alter or substitute seed in a manner that may defeat the purpose of this act.
(b) Disseminate any false or misleading advertisements concerning seed in any manner or by any means.
(c) Hinder or obstruct in any way, any authorized person in the performance of his duties under this act.
(d) Fail to comply with a "stop sale" order or to move or otherwise handle or dispose of any lot of seed held under a "stop sale" order or tags attached thereto except with express permission of the State Seed Analyst, and for the purpose specified thereby.
(e) Use the word "type" in any labeling in connection with the name of any agricultural seed variety.
L.1963, c. 29, s. 5.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.17a - Wholesale seedsmen or seed conditioner; registration

4:8-17.17a. Wholesale seedsmen or seed conditioner; registration
a. No person shall engage in the business of a wholesale seedsman or seed conditioner unless the person is registered with the State Board of Agriculture in accordance with this section.
b. A person engaged in the business of a wholesale seedsman or seed conditioner shall register with the State board on January 1st of each year or prior to commencing operation in the business. Registration as a wholesale seedsman or seed conditioner shall expire on December 31st. An application for registration shall be filed in a form and according to procedures determined by the Secretary of Agriculture. The application shall be accompanied by a nonrefundable application fee of $125.00. The State board shall approve or disapprove the application, in writing, no later than the 10th day after its receipt.
c. The State board may disapprove an application for registration filed under subsection b. of this section and revoke at any time a registration issued previously if it determines that the applicant or registrant violated a provision of the New Jersey State Seed Law (Revision of 1963), P.L.1963, c. 29 (C. 4:8-17.13 et seq.). If the State board disapproves an application or revokes a registration, it shall provide the applicant or registrant, as the case may be, with a concise, written statement of reasons therefor. The statement of reasons shall be transmitted to the applicant or registrant simultaneously with the notice of disapproval or revocation.
d. An applicant or registrant may file a notice of appeal of a disapproval or revocation with the Secretary of Agriculture no later than the 10th day after receipt of the notification of the disapproval or revocation. The secretary shall afford the applicant or registrant a hearing not later than the 10th day after receipt of the notice of appeal. The secretary shall recommend to the State board that it reverse or affirm the disapproval or revocation no later than the fifth day after the hearing, accompanying the recommendation with a concise, written statement of the reasons therefor. A copy of the secretary's recommendation and reasons therefor, in writing, shall be transmitted simultaneously to the applicant or registrant. The State board shall notify the applicant or registrant of its decision to reject or uphold the appeal no later than the fifth day after its receipt of the secretary's recommendation.
L.1984, c. 201, s. 2, eff. Nov. 28, 1984, operative Jan. 1, 1985.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.18 - Records and samples

4:8-17.18. Records and samples
Each person whose name appears on the label as handling agricultural, vegetable, flower, tree or shrub seeds subject to this act shall keep for a period of two years complete records of each lot of seed handled and keep for one year a file sample of each lot of seed after final disposition of said lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the State Seed Analyst or his agent during customary business hours.
L.1963, c. 29, s. 6. Amended by L.1984, c. 201, s. 8, eff. Nov. 28, 1984, operative Jan. 1, 1985.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.19 - Applicability of sections 4:8-17.15 to 4:8-17.17

4:8-17.19. Applicability of sections 4:8-17.15 to 4:8-17.17
The provisions of sections 3, 4 and 5 of this act shall not apply to:
(a) Seed or grain not intended for sowing purposes;
(b) Seed in storage in, or being transported or consigned to, a cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of said seed bears the statement "seed for processing" ; and provided that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this act; or
(c) Any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that such carrier is not engaged in producing, processing, or marketing agricultural, vegetable, or flower seeds subject to provisions of this act.
L.1963, c. 29, s. 7.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.19a - Inapplicability of act to seeds sold directly by grower

4:8-17.19a. Inapplicability of act to seeds sold directly by grower
No provision of the New Jersey State Seed Law (Revision of 1963, P.L.1963, c. 29 (C. 4:8-17.13 et seq.) shall apply to seeds produced by a farmer on his own premises and sold by him directly to the consumer, provided the farmer is not engaged in the business of selling seeds not produced by him.
L.1984, c. 201, s. 3, eff. Nov. 28, 1984, operative Jan. 1, 1985.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.20 - Precautions to insure correct identity

4:8-17.20. Precautions to insure correct identity
It shall not constitute a violation of this act for any person to have sold or offered or exposed for sale agricultural, vegetable, flower, tree or shrub seed, which was incorrectly labeled or represented as to kind, variety, type or origin (if required), which seed cannot be identified by examination thereof, unless he has failed to obtain an invoice, genuine grower's or tree seed collector's declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated. A genuine grower's declaration of variety shall affirm that the grower holds records of proof concerning parent seed, such as invoice and labels.
L.1963, c. 29, s. 8. Amended by L.1984, c. 201, s. 9, eff. Nov. 28, 1984, operative Jan. 1, 1985.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.21 - State seed analyst; agents

4:8-17.21. State seed analyst; agents
The State Board of Agriculture shall appoint a State Seed Analyst and such other agents as may be deemed necessary to carry out the provisions of this act.
L.1963, c. 29, s. 9. Amended by L.1968, c. 198, s. 3, eff. July 19, 1968.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.22 - Enforcement of act; sample, inspection and analysis of seeds

4:8-17.22. Enforcement of act; sample, inspection and analysis of seeds
The duty of enforcing this act and carrying out its provisions and requirements is vested in the State Seed Analyst, who, together with his authorized agents shall sample, inspect, make analysis of, and test seeds transported, sold, or offered or exposed for sale within the State for sowing purposes, at such time and place and to such extent as he may deem necessary to determine whether said seeds are in compliance with provisions of this act, and to notify promptly the person who transported, sold, offered or exposed the seed for sale of any violation.
L.1963, c. 29, s. 10.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.23 - Rules and regulations; formulation

4:8-17.23. Rules and regulations; formulation
The State Board is authorized and directed to formulate and prescribe rules and regulations necessary and appropriate for the administration of this act. Notice of the time and place of a public hearing upon any proposed rule or regulation shall be published not less than 10 days prior to the date of the hearing in at least 2 daily newspapers published in this State. Such notice shall include a brief description of the subject matter of the proposed rule or regulation and of the address to which requests for copies thereof may be addressed.
L.1963, c. 29, s. 11. Amended by L.1968, c. 198, s. 4, eff. July 19, 1968.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.24 - Subject matter of rules and regulations

4:8-17.24. Subject matter of rules and regulations
The State board may by rule or regulation prescribe and establish:
(a) The method or methods of sampling, inspecting, analyzing, testing, and examining seed, and the tolerances to be followed in the administration of this act, which shall be in general accord with officially prescribed practice in interstate commerce, and such other rules and regulations as may be necessary to secure the enforcement of this act;
(b) Lists of prohibited and restricted noxious weeds, and changes in such lists;
(c) Reasonable standards of germination for vegetable seeds;
(d) Reasonable germination standards for flower seeds;
(e) Schedule of fees for analysis of samples submitted; and
(f) Procedures governing the registration of a wholesale seedsman and a seed conditioner in accordance with this 1984 amendatory and supplementary act.
L.1963, c. 29, s. 12. Amended by L.1968, c. 198, s. 5, eff. July 19, 1968; L.1984, c. 201, s. 10, eff. Nov. 28, 1984, operative Jan. 1, 1985.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.25 - Examination and analysis of samples for public

4:8-17.25. Examination and analysis of samples for public
Any citizen of the State of New Jersey may in accordance with procedures prescribed by the State Seed Analyst, and by prepaying transportation charges and payment of the prescribed fee, send a sample or samples of seeds for examination and analysis.
L.1963, c. 29, s. 13.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.26 - Right of entry by state seed analyst; "stop sale" orders; testing facilities; purity and germination tests

4:8-17.26. Right of entry by state seed analyst; "stop sale" orders; testing facilities; purity and germination tests
The State Seed Analyst individually or through his authorized agents, is authorized to:
(a) Enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected therewith subject to this act and the rules and regulations adopted thereunder, and any truck or other conveyor by land, water, or air at any time when the conveyor is accessible, for the same purpose.
(b) Issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of seed which the State Seed Analyst finds is in violation of any of the provisions of this act or rules and regulations promulgated thereunder, which order shall prohibit further sales, processing and movement of such seed, except on approval of the State Seed Analyst, until the law has been complied with and he has issued a written release from the "stop sale" order of such seed, provided that in respect to seed which has been denied sale, processing and movement as provided in this paragraph, the owner or custodian of such seed shall have the right to appeal from said order to a court of competent jurisdiction, praying for a judgment as to the justification of such order and for the discharge of such seed from the order prohibiting the sale, processing and movement in accordance with the findings of the court; and provided further that the provisions of this paragraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this act.
(c) Establish and maintain or make provisions for seed testing facilities, to employ qualified persons, and to incur such expenses as may be necessary to comply with these provisions.
(d) Make or provide for making purity and germination tests of seed for farmers and dealers on request; and to prescribe rules and regulations governing such testing.
L.1963, c. 29, s. 14.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.27 - Seizure of seeds; condemnation; disposition

4:8-17.27. Seizure of seeds; condemnation; disposition
Any lot of seed not in compliance with the provisions of this act shall be subject to seizure by the State on complaint of the State Seed Analyst to a court of competent jurisdiction. In the event the court finds the seed to be in violation of the provisions of this act and orders the condemnation thereof, said seed shall be denatured, processed, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this State; provided, that in no instance shall the court order such disposition of said seed without first having given the claimant an opportunity to apply to the court for the release of said seed or permission to process or relabel it to bring it into compliance with this act.
L.1963, c. 29, s. 15.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.28 - Injunction against violations

4:8-17.28. Injunction against violations
When in the performance of his duties the State Seed Analyst in the name of the State applies to any court for temporary or injunctive relief restraining any person from violating or continuing to violate any of the provisions of this act or any rules and regulations under this act, said relief may be issued without bond.
L.1963, c. 29, s. 16.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.29 - Violations; penalties; prosecutions; hearings; injunctions

4:8-17.29. Violations; penalties; prosecutions; hearings; injunctions
a. A person who violates any of the provisions of this act or any order, rule or regulation made by the State Board of Agriculture under this act or who prevents or hinders a representative of the Department of Agriculture in performing his duty under P.L.1963, c. 29 (C. 4:8-17.13 et seq.) shall be liable to a penalty of not less than $50.00 nor more than $100.00 for a first offense, and not less than $100.00 nor more than $500.00 for a subsequent offense committed within a 12 month period.
The penalty shall be sued for and recovered in an action to be brought by and in the name of the Secretary of Agriculture in a summary manner pursuant to "the penalty enforcement law" (N.J.S. 2A:58-1 et seq.) as provided in article 2 of chapter 23 of Title 4 of the Revised Statutes.
After judgment by the court in any case arising under this act, the State Seed Analyst shall publish any information pertinent to the issuance of the judgment by the court in such media as he may designate from time to time.
The Department of Agriculture shall be entitled to the assistance of the Attorney General in the enforcement of this act.
(b) Nothing in the New Jersey State Seed Law (Revision of 1963), P.L.1963, c. 29 (C. 4:8-17.13 et seq.) shall be construed as requiring the State Seed Analyst or his representative to: (1) report for prosecution, (2) institute seizure proceeding issue a withdrawal from distribution order when he believes the public interest will best be served by a written notice of warning.
(c) Before the State Seed Analyst reports a violation of the New Jersey State Seed Law (Revision of 1963), the violator shall be given an opportunity to be heard before the secretary.
(d) The secretary is authorized to apply for a temporary or permanent injunction restraining a person from violating any of the provisions of the New Jersey State Seed Law (Revision of 1963) or a rule or regulation promulgated under the act, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.
(e) Upon receiving any information of a violation of any provisions of the New Jersey State Seed Law (Revision of 1963) or any rule or regulation adopted thereunder, the secretary or any agent designated by him, may hold hearings upon the violation and if the secretary or agent finds that the violation was committed, he may assess a penalty against the violator in an amount not to exceed the maximum limit set forth in subsection (a) of this section, as he deems proper under the circumstances. If the violator pays the penalty, no further prosecution shall be had upon that violation.
L.1963, c. 29, s. 17. Amended by L.1968, c. 198, s. 6, eff. July 19, 1968; L.1984, c. 201, s. 11, eff. Nov. 28, 1984, operative Jan. 1, 1985.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-17.30 - Funds

4:8-17.30. Funds
Funds for the maintenance of a seed testing laboratory, staff and the administration of this act shall be included in annual appropriations to the Department of Agriculture.
L.1963, c. 29, s. 18. Amended by L.1968, c. 198, s. 7, eff. July 19, 1968.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-28 - Definitions

4:8-28. Definitions
As used in this act:
a. "Apple tree" means any commercially accepted or advertised variety of Malus domestica Borkh budded to a seedling or dwarfing rootstock where one graft union is formed or budded to an interstem dwarfing rootstock combination where two graft unions are provided.
b. "Commercial grower" means a purchaser of a lot of 100 trees or more who plants them on land qualified for farmland assessment pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c. 48 (C. 54:4-23.1 et seq.) and is not primarily engaged in the sale or resale of apple or peach trees.
c. "Peach tree" means any commercially accepted or advertised variety of Prunus persica (L.) batch budded to understock where a draft union is formed or the variety has been directly rooted into soil or rooting medium without the use of an undershoot.
d. "Seller" means any person engaged in the business of soliciting or negotiating the sale, resale, exchange or shipment of apple or peach trees.
e. "Variety" means a subdivision of a kind of apple or peach tree as qualified by date of bloom, flower type, date of ripening, tree growth habit, fruit characteristics, peach leaf glands or other characteristics by which it can be differentiated from other plants of the same kind.
L. 1985, c. 418, s. 1, eff. Jan. 13, 1986.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-29 - Seller liability

4:8-29. Seller liability
a. Any seller of apple trees to a commercial grower is liable for the trueness to variety, rootstock, or interstem for a period of eight years following the date of delivery to the grower.
b. Any seller of peach trees to a commercial grower is liable for trueness to variety, rootstock, or interstem for a period of four years following the date of delivery to the grower.
c. A seller shall not sell one or more lots of apple or peach trees to a commercial grower where 7% or more of the trees do not conform to the variety, rootstock, or interstem stated on a bill of lading, invoice, or any other document provided by the seller to the grower.
L. 1985, c. 418, s. 2, eff. Jan. 13, 1986.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8-30 - Civil action for violation

4:8-30. Civil action for violation
Any commercial grower may bring a civil action in law or equity on the grower's own behalf against a seller for a violation of any provision of this act. The Superior Court has jurisdiction of this action. The court, upon finding a violation of this act, may award costs of litigation, including reasonable attorney and expert witness fees.
The court, upon finding a violation of this act, shall award damages to the commercial grower for each tree found of untrue variety at the rate of four times the original cost of the tree. Where the number of untrue trees exceeds 25% of the lot, the court shall award damages at the rate of four times the cost of the entire lot.
L. 1985, c. 418, s. 3, eff. Jan. 13, 1986.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8B-1 - Definitions

4:8B-1. Definitions
When used in this act, unless the context clearly indicates otherwise:
(a) "Act" means this act and the rules and regulations adopted hereunder.
(b) "Commissioner" means the State Commissioner of Health.
(c) "Distribute" means to offer for sale, to barter, exchange or otherwise to supply grain.
(d) "Distributor" means any person who sells or distributes grain.
(e) "Director" means the Director of the New Jersey Agricultural Experiment Station.
(f) "Grain" means whole seeds or entire grains or any altered form thereof of field peas, field beans, soybeans or other large seeded legumes, or corn, wheat, rye, barley, oats, sorghum, or any other large seeded cereals.
(g) "State Seed Analyst" means the seed analyst of the New Jersey Agricultural Experiment Station.
(h) "Treated" means that the grain has received an application of a substance or process designed to control, or repel certain insects or disease organisms or other pests attacking such grain or seedlings grown therefrom, or has received some other treatment to improve its planting value.
L.1961, c. 125, p. 746, s. 1.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8B-2 - Prohibition against sale or distribution of treated grain other than for seeding unless dyed or colored

4:8B-2. Prohibition against sale or distribution of treated grain other than for seeding unless dyed or colored
No distributor shall sell or distribute or have in his possession with intent to sell or distribute for food or feed purposes any treated grain in bulk or package or any grain in bulk or package in which treated grain has been co-mingled or blended which he knows or has reason to know contains any poisonous or deleterious substance in quantity which may render it injurious to the health of man or animal and such treated grain shall not be sold or distributed for any purpose, other than for seeding, unless it is colored or dyed a color contrasting with its natural color so as to make such grain readily identifiable as treated grain.
A distributor of any treated grain which is sold or distributed for a purpose other than seeding shall comply with all provisions of this act.
L.1961, c. 125, p. 747, s. 2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8B-3 - Statement of treatment

4:8B-3. Statement of treatment
A distributor of any treated grain which is sold or distributed for a purpose other than seeding shall deliver or have delivered to the purchaser or other transferee at the time of the sale or transfer thereof a written statement setting forth the specific treatment, known by him to have been applied to the grain and the quantity of such grain delivered. Such statement shall also be made a part of the invoice or bill of lading covering such sale or transfer. The distributor shall deliver or have delivered to the State Seed Analyst within 7 days of such sale or transfer 2 copies of such statement together with the name and address of the distributor and the purchaser or other transferees. The State Seed Analyst shall forward forthwith 1 copy of such statement to the commissioner.
L.1961, c. 125, p. 747, s. 3.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8B-4 - Rules and regulations

4:8B-4. Rules and regulations
In order to protect the health and welfare of the public, the director shall adopt and promulgate rules and regulations:
(a) To establish standards for the treatment of grain and tolerances within which such treated grain shall be usable for food or feed;
(b) To establish standards and specifications for the adequate coloring of treated grain to insure such grain will be readily ascertainable as such on inspection.
To the extent feasible and to the extent compatible with relevant local conditions, the director may adopt such rules and regulations in substantial conformity with similar rules and regulations of the Federal Government.
L.1961, c. 125, p. 747, s. 4.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8B-5 - Stop sale order; issuance and enforcement upon violation

4:8B-5. Stop sale order; issuance and enforcement upon violation
The State Seed Analyst, individually or through his authorized agents, shall issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of treated grain when it is found that such grain is being sold or distributed in violation of any of the provisions of this act. Such order shall continue in effect until the law has been complied with and such grain is released in writing by the State Seed Analyst or until such "stop sale" order is otherwise legally terminated, and, in either case, upon the payment of the costs and expenses incurred in connection therewith.
L.1961, c. 125, p. 748, s. 5.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8B-6 - Confiscation of grain sold in violation of act; jurisdiction

4:8B-6. Confiscation of grain sold in violation of act; jurisdiction
6. Any lot of treated grain which is sold or distributed in violation of any provision of this act may be confiscated by a summary proceeding instituted by the State Seed Analyst. The Superior Court or municipal court having jurisdiction in the municipality in which such grain is found shall have jurisdiction to hear and determine such proceeding.
L.1961,c.125,s.6; amended 1991,c.91,s.165.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8B-7 - Warrant

4:8B-7. Warrant
Upon the filing of a verified complaint the court may issue a warrant directed to the sheriff or a constable of the county or other peace officer, commanding such officer to seize and take in his possession the grain described in the complaint, and bring the same before the court which issued the warrant and to summon the person named in the warrant, and any other person who may be found in possession of the grain, to appear at the time and place therein specified.
L.1961, c. 125, p. 748, s. 7.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8B-8 - Disposition of seized grain

4:8B-8. Disposition of seized grain
If upon the hearing it shall appear that the grain was sold or distributed in violation of any provision of this act, it shall be confiscated and disposed of by destruction or sale as the court may direct, but no such grain shall be sold contrary to any provision of this act. The proceeds of any sale, less the legal costs and charges, shall be paid into the State Treasury.
L.1961, c. 125, p. 749, s. 8.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8B-9 - Sale of seized grain; bond

4:8B-9. Sale of seized grain; bond
In case the grain seized is of such a character that it may be sold or distributed in compliance with this act, upon the recommendation of the State Seed Analyst, the court may order such grain delivered to the owner upon the payment of the costs of the proceeding and the execution and delivery to the State Seed Analyst of a good and sufficient bond that such grain shall not be sold or otherwise disposed of contrary to the provisions of this or any other law of this State.
L.1961, c. 125, p. 749, s. 9.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8B-10 - Violation; penalty

4:8B-10. Violation; penalty
Any person who violates any provision of this act is a disorderly person and upon conviction as such shall be fined not less than $500.00 nor more than $1,000.00, or be imprisoned for not less than 30 days nor more than 1 year, or both.
L.1961, c. 125, p. 749, s. 10.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:8B-11 - Act not to limit powers of State Department of Health or State Commissioner of Health

4:8B-11. Act not to limit powers of State Department of Health or State Commissioner of Health
Nothing contained herein shall in any way be construed to alter, limit or repeal any of the functions, powers and duties of the State Department of Health or the State Commissioner of Health, as otherwise provided by law.
L.1961, c. 125, p. 749, s. 11.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.4 - Adoption of definitions by regulations

4:9-15.4. Adoption of definitions by regulations
The State Board of Agriculture may adopt additional definitions by regulations in accordance with section 33 of this act. Definitions of ingredients adopted by regulation shall be derived from authoritative publications and sources, such as those of the Association of American Plant Food Control Officials.
L.1970, c. 66, s. 4.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.5 - Necessity of license

4:9-15.5. Necessity of license
Every person who owns or operates a manufacturing facility in this State or under whose name commercial fertilizers or soil conditioners are distributed in this State shall obtain a license to manufacture or distribute such products.
L.1970, c. 66, s. 5.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.6 - License fee

4:9-15.6 License fee
6. The minimum annual license fee for a manufacturer or distributor shall be $250.00. In the case of each person who owns or operates more than one manufacturing facility within this State there shall be an additional annual license fee of $250.00 for each such additional manufacturing facility. In the case of each person who owns or operates any manufacturing facilities located outside of New Jersey which distribute commercial fertilizers or soil conditions within this State, there shall be an additional annual license fee of $250.00 covering all such manufacturing facilities. Fees collected pursuant to this section shall be forwarded to the State Treasurer.
L.1970,c.66,s.6; amended 1975, c.139; 2002, c.34, s.5.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.7 - Application; issuance; expiration

4:9-15.7. Application; issuance; expiration
Applications for licenses shall be submitted to the State Chemist on forms furnished by his office and shall be accompanied by the appropriate fee. Upon approval by the State Board of Agriculture, a license shall be issued to the applicant. All licenses shall expire on June 30 of each year.
L.1970, c. 66, s. 7.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.8 - Specialty fertilizers; furnishing of label on application for license

4:9-15.8. Specialty fertilizers; furnishing of label on application for license
A person applying for a license to distribute specialty fertilizers shall, at the time of submitting his application, furnish the State Chemist with a label or facsimile thereof for each brand and grade of specialty fertilizer.
L.1970, c. 66, s. 8.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.8a - Requirements for specialty fertilizer; definitions.

4:9-15.8a Requirements for specialty fertilizer; definitions.
10. Any specialty fertilizer labeled for use on turf and intended for use by consumers shall:
a. Contain no more than 0.7 pounds of water-soluble nitrogen and no more than 0.9 pounds of total nitrogen at least 20 percent of which shall consist of slow release nitrogen per 1,000 square feet when applied pursuant to the instructions on the container; and
b. Contain no phosphorus, except when specifically labeled for the following purposes:
(1) providing nutrients to specific soils and target vegetation as determined to be necessary pursuant to a soil test conducted by a laboratory identified pursuant to subsection b. of section 6 of P.L.2010, c.112 (C.58:10A-66) and performed no more than three years before the application, and pursuant to the associated annual fertilizer recommendation issued by the New Jersey Agricultural Experiment Station at Rutgers, the State University;
(2) establishing vegetation for the first time, such as after land disturbance, provided the application is in accordance with the standards and requirements established under the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.) and the rules and regulations adopted pursuant thereto;
(3) reestablishing or repairing a turf area; or
(4) delivering liquid or granular fertilizer under the soil surface, directly to the feeder roots.
c. Nothing in this section shall apply to fertilizer derived from processed sewage wastewater solids or manipulated animal or vegetable manure.
d. As used in this section:
"Consumer" means an individual who buys fertilizer for personal or household use and not for business purposes.
"Manipulated animal or vegetable manure" means manure that is ground, pelletized, mechanically dried, or otherwise treated to assist with the use of manure as a fertilizer.
"Slow release nitrogen" means nitrogen in a form that is released over time that is not water soluble.
"Turf" means land, including residential property, that is planted in closely mowed, managed grass, except land used in the operation of a commercial farm as that term is defined pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3).
"Water-soluble nitrogen" means nitrogen in a water-soluble form that does not have slow or controlled release properties.
L.2010, c.112, s.10.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.9 - Soil conditioners; furnishing of label on application for license

4:9-15.9. Soil conditioners; furnishing of label on application for license
A person applying for a license to manufacture or distribute soil conditioners shall, at the time of submitting his application, furnish the State Chemist with a label or facsimile thereof for each soil conditioner. The State Board of Agriculture may require that the application for a license be accompanied by authentic experimental evidence to substantiate claims made for a soil conditioner.
L.1970, c. 66, s. 9.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.10 - Commercial fertilizer label to set forth certain information

4:9-15.10. Commercial fertilizer label to set forth certain information
Any commercial fertilizer distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(a) The net weight or other measure prescribed by regulation.
(b) The brand and grade.
(c) The guaranteed analysis, in the following order and form:
(1) Total nitrogen (N) .......... %
Available phosphoric acid (P2O5) .......... %
Soluble potash (K2O) .......... %
(2) For unacidulated mineral phosphatic materials and basic slag, bone, tankage and other organic phosphatic materials, the total phosphoric acid or the degree of fineness or both may also be guaranteed.
(3) Guarantees for plant nutrients other than nitrogen, available phosphoric acid, and soluble potash may be permitted or required by regulation. The guarantees for such other nutrients shall be expressed in the form of the element. The sources of such other nutrients (including, but not limited to, oxides, salts, and chelates) may be required to be stated on the application for a license and may be required to be included as a parenthetical statement on the label. Other beneficial substances or compounds determinable by laboratory methods may also be required to be guaranteed by regulations adopted by the State Board of Agriculture with the advice of the Director of the Agricultural Experiment Station. When any plant nutrients or other substances or compounds are guaranteed they shall be subject to inspection and analysis in accordance with methods and procedures prescribed by regulation.
(d) The name and address of the licensee.
L.1970, c. 66, s. 10.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.11 - Bulk distribution of fertilizer; statement of information

4:9-15.11. Bulk distribution of fertilizer; statement of information
For each kind of commercial fertilizer distributed in bulk in this State, a written or printed statement of the information required by section 10 of this act shall accompany each delivery and be supplied to the customer at the time of delivery.
L.1970, c. 66, s. 11.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.12 - Customer formulated mix; label requirements

4:9-15.12. Customer formulated mix; label requirements
A customer formulated mix shall be designated "customer formulated mix" and, in lieu of the requirements of sections 10 and 11 of this act, shall be labeled to show the net weight, guaranteed analysis, and the name and address of the licensee and the customer.
L.1970, c. 66, s. 12.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.13 - Labeling of specialty fertilizer.

4:9-15.13 Labeling of specialty fertilizer.
13. a. A specialty fertilizer must be labeled as provided in section 10 of P.L.1970, c.66 (C.4:9-15.10), and additional items may be required by regulation.
b. The container for a specialty fertilizer intended for use on turf must include the following information in a readable and conspicuous form and shall be considered the label:
Net Weight
Brand Name
Grade
Guaranteed Analysis:
Total Nitrogen (N)...........................................................%
......................................................% Ammoniacal Nitrogen
.............................................................% Nitrate Nitrogen
...............................................................% Urea Nitrogen
...........................................% Other Water Soluble Nitrogen
.................................................% Water Insoluble Nitrogen
Available Phosphate (P2O5)..............................................%
Soluble Potash (K2O)......................................................%
Additional Plant Nutrients as prescribed by regulation.
Name and address of the licensee.
c. (1) The container of a specialty fertilizer intended for use on turf that does not contain pesticides regulated pursuant to the "Federal Insecticide, Fungicide, and Rodenticide Act," 7 U.S.C.s.136 et seq., shall also contain the following summary of best management practices for nutrient management in turf in a readable and conspicuous form:
"Do not apply near water, storm drains or drainage ditches. Do not apply if heavy rain is expected. Apply this product only to your lawn, and sweep any product that lands on the driveway, sidewalk or street back onto your lawn."
(2) A container of a specialty fertilizer intended for use on turf that also contains a pesticide regulated pursuant to the "Federal Insecticide, Fungicide, and Rodenticide Act," 7 U.S.C.s.136 et seq., shall include the environmental hazard statement recommended by the United States Environmental Protection Agency for that product.
d. As used in this section, "turf" means land, including residential property, that is planted in closely mowed, managed grass, except land used in the operation of a commercial farm as that term is defined pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3).
L.1970, c.66, s.13; amended 2010, c.112, s.12.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.13a - Prohibited sales of fertilizer; definitions.

4:9-15.13a Prohibited sales of fertilizer; definitions.
11. a. No person may sell at retail specialty fertilizer which contains more than 0.7 pounds of water-soluble nitrogen or more than 0.9 pounds of total nitrogen per 1,000 square feet at least 20 percent of which shall consist of slow release nitrogen when applied pursuant to the instructions on the container and is intended for use on turf by consumers.
b. No person may sell at retail specialty fertilizer which contains phosphorus and is intended for use on turf by consumers unless the intended use of the fertilizer is:
(1) for application to specific soils and turf as determined to be necessary pursuant to a soil test conducted by a laboratory identified pursuant to subsection b. of section 6 of P.L.2010, c.112 (C.58:10A-66) and performed no more than three years before the application, and pursuant to the associated annual fertilizer recommendation issued by the New Jersey Agricultural Experiment Station at Rutgers, the State University;
(2) for the establishment of turf for the first time, such as after land disturbance, provided the application is in accordance with the standards and requirements established under the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.), and the rules and regulations adopted pursuant thereto; or
(3) for the reestablishment or repair of a turf area.
c. Nothing in this section shall apply to fertilizers derived from processed sewage wastewater solids or manipulated animal or vegetable manure.
d. As used in this section:
"Consumer" means a natural person who buys fertilizer for personal or household use and not for business purposes.
"Manipulated animal or vegetable manure" means manure that is ground, pelletized, mechanically dried, or otherwise treated to assist with the use of manure as a fertilizer.
"Slow release nitrogen" means nitrogen in a form that is released over time that is not water soluble.
"Turf" means land, including residential property, that is planted in closely mowed, managed grass, except land used in the operation of a commercial farm as that term is defined pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3).
"Water-soluble nitrogen" means nitrogen in a water-soluble form that does not have slow or controlled release properties.
L.2010, c.112, s.11.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.14 - Labeling of soil conditioner

4:9-15.14. Labeling of soil conditioner
Any soil conditioner distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(a) The net weight or other measure prescribed by regulation.
(b) The brand.
(c) An accurate statement of composition and purpose.
(d) The name and address of the licensee.
L.1970, c. 66, s. 14.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.15 - Bulk soil conditioners; statement of information

4:9-15.15. Bulk soil conditioners; statement of information
For each kind of soil conditioner distributed in bulk in this State, a written or printed statement of the information required by section 14 of this act shall accompany each delivery and be supplied to the customer at the time of delivery.
L.1970, c. 66, s. 15.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.16 - Inspection fee

4:9-15.16 Inspection fee
16. Each licensee shall pay to the Department of Agriculture for all commercial fertilizers and soil conditioners distributed in this State an inspection fee at the rate of $0.30 per ton on all tonnage in excess of 10 tons per semiannual statement. Fees so collected by the department shall be forwarded to the State Treasurer.
Sales to persons owning or operating manufacturing facilities or exchanges between such persons are exempted from the inspection fee.
L.1970,c.66,s.16; amended 2002, c.34, s.6.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.17 - Tonnage reports

4:9-15.17. Tonnage reports
Every person who distributes a commercial fertilizer or soil conditioner in this State shall file with the State Department of Agriculture, on a form furnished by the State Chemist, semiannual reports for the periods ending December 31 and June 30, setting forth the number of net tons of soil conditioner or of commercial fertilizer by grade and form (that is, bags, bulk, liquid, or other forms) distributed in this State during such 1/2 -year period. The report shall be due on or before the end of the month following the close of each period and shall be accompanied by payment of the inspection fee required under section 16 of this act. Information furnished under this section shall not be disclosed in such a way as to divulge the operation of any person.
L.1970, c. 66, s. 17.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:9-15.18 - Comprehensive system of reporting; regulations

4:9-15.18. Comprehensive system of reporting; regulations
When the State board, after public hearing following due notice, finds it desirable to obtain or disseminate more detailed distribution statistics, it may by regulation prescribe a more comprehensive system of reporting.
L.1970, c. 66, s. 18.