reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-39.1 - Violations; hearings; assessment of penalty; effect of payment

4:10-39.1. Violations; hearings; assessment of penalty; effect of payment
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 7 of P.L.1963, c. 116 (C. 4:10-40), 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.1974, c. 164, s. 4.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-39.2 - Cooperation and agreements with other agencies and private associations

4:10-39.2. Cooperation and agreements with other agencies and private associations
The secretary may cooperate with and enter into agreements with agencies of this and other states, the Federal Government and private associations in order to carry out the purpose and provisions of this act and the act of which this act is amendatory and supplementary.
L.1974, c. 164, s. 5.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-40 - Violations; penalties; jurisdiction and venue; injunctive relief

4:10-40. Violations; penalties; jurisdiction and venue; injunctive relief
7. Any person who violates any provision of this act, or the rules and regulations issued pursuant thereto, shall be liable to a penalty of not less than $50.00 nor more than $100.00 for the first offense and a penalty of not less than $100.00 nor more than $200.00 for the second offense occurring within one year. Persistent violators who commit a third or subsequent offense within one year shall be liable to a penalty of not less than $300.00 nor more than $500.00 for each such offense. Every day upon which a violation occurs shall be considered to be a separate violation.
Penalties set forth in this act shall be sued for by and in the name of the secretary and shall be recoverable with costs. The Superior Court and municipal courts shall have jurisdiction to enforce the provisions of this act and of any rule or regulation issued pursuant thereto. Any proceeding for a violation of this act may be brought in the county or municipality where the violator resides, has a place of business or principal office or where the act or omission or part thereof complained of occurred. The proceeding shall be summary in nature and in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.).
The secretary may institute an action in the Superior Court for injunctive relief to prevent and restrain any violation of this act or any rules or regulations issued pursuant thereto.
L.1963,c.116,s.7; amended 1974, c.164, s.3; 1991,c.91,s.169.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-41 - Appropriation

4:10-41. Appropriation
There is hereby appropriated to the State Department of Agriculture the sum of $15,000.00 to carry out the requirements of this act for the first year of its enforcement and such sums as may thereafter be included in any annual or supplemental appropriation act.
L.1963, c. 116, s. 8.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-42 - Partial invalidity

4:10-42. Partial invalidity
Should any section or provision of this act be held to be invalid by any court of competent jurisdiction, the validity of the act as a whole or any other part thereof shall not be affected.
L.1963, c. 116, s. 9.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-44 - Purpose

4:10-44. Purpose
The purpose of this act is to make possible the establishment of programs for the:
(a) Development of methods and means for the maintenance of present markets and for the development of new and expanded markets for agricultural commodities;
(b) Sponsor research and market promotion programs and activities to improve the economic health of agriculture in the State of New Jersey; and
(c) Insure the adequacy of supplies of agricultural products for the citizens of the State of New Jersey.
L.1971, c. 308, s. 2, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-45 - Definitions

4:10-45. Definitions
As used in this act, unless the context requires otherwise:
(a) "Department" means the Department of Agriculture;
(b) "Secretary" means the Secretary of Agriculture;
(c) "Board" means the State Board of Agriculture;
(d) "Advisory council" means the appointed body which advises and assists the secretary in the administration of a marketing program;
(e) "Sell" includes "offer for sale," "expose for sale," "have in possession for sale," "exchange," "barter" or "trade," ;
(f) "Agricultural commodity" means any and all agricultural products including but not limited to vegetables, horticultural, apicultural, dairy and animal products in their raw or natural condition or any class, variety or utilization thereof;
(g) "Producer" means any person engaged within this State in the business of growing or raising, or causing to be grown or raised for market upon land owned or leased by him any agricultural commodity;
(h) "Processor" means any person engaged within this State in the canning, freezing, drying or other method of preservation of agricultural commodities for sale; but shall not include a person who manufactures a nonedible commodity from an agricultural commodity;
(i) "Buyer" means any person in this State engaged in the business of buying or causing to be bought any fresh agricultural commodity from a producer or group of producers;
(j) "Person" means any natural person, firm, corporation, association or any other business unit;
(k) "Marketing program" means the rules and regulations issued by the secretary, with the approval of the Board, governing the conduct and operation of research, development and sales promotion programs pertaining to an agricultural commodity or commodities;
(l) "Advertising and sales promotion" means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification or removal of trade barriers which restrict the free flow of agricultural commodities to market;
(m) "General rules and regulations" means rules and regulations applicable to all marketing programs issued and made effective by the secretary to provide uniform methods and procedures to facilitate the administration and enforcement of all such marketing programs;
(n) "Major amendments" means amendments to any marketing program or agreement which effect a substantial change or modification in the provisions of such marketing program;
(o) "Minor amendments" means amendments to any marketing program which modify any provisions of any marketing program for the purpose of clarifying the meaning or application of such provisions or modify the administrative procedures for carrying out such provision; and
(p) "Affected," "directly affected" refers either to the commodity covered by any program or to persons who are subject to the provisions of any program and who are subject to assessment.
L.1971, c. 308, s. 3, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-46 - Secretary; powers and duties; marketing program; hearing; notice; administration

4:10-46. Secretary; powers and duties; marketing program; hearing; notice; administration
The secretary shall administer and enforce the provisions of this act. In order to effectuate the purposes of this act the secretary is authorized to issue, administer and enforce the provisions of marketing programs promulgated hereunder regulating producer marketing or handling of agricultural commodities upon approval of persons directly affected as provided in section 13.
Whenever the secretary has reason to believe that the issuance of a marketing program or major amendments to an existing marketing program will tend to effectuate the purposes of this act with respect to any agricultural commodity, he shall upon application of the producers of any agricultural commodity, or any organization representing 10% of such persons, conduct a public hearing after due notice upon a proposed marketing program or major amendments to an existing marketing program.
Notice of any hearing called for such purpose shall be given by the secretary by publishing a notice of the hearing for a period of not less than 3 days in a newspaper of general circulation published in the capital of the State and in such other local newspapers as the secretary may prescribe. No such public hearing shall be held prior to 5 days after the last day of such publication.
The secretary shall mail a copy of the notice of hearing to any producers or processors of such agricultural commodity whose names and addresses appear upon lists of such persons on file in the department. A copy of the proposed program or amendment shall be provided to any interested person upon request.
The notice of hearing shall set forth the date and place of hearing, the agricultural commodity, the geographical area covered by the proposed marketing program or amendment and the subject matter to be covered by the hearing.
The hearing shall be public and all testimony shall be received under oath. A full and complete record of all proceedings at the hearing shall be made and maintained on file in the office of the secretary. At the hearing the secretary shall receive all testimony relevant to the subject of the hearing.
L.1971, c. 308, s. 4, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-47 - Reports by producers

4:10-47. Reports by producers
In order to provide the secretary with necessary information, he may require any producer of any agricultural commodity to file with the department a report showing:
(a) Name and address;
(b) The agricultural commodity or commodities with which the person is involved; and
(c) The quantity of the agricultural commodity produced or handled by the said person in the marketing season next preceding the filing of the report.
L.1971, c. 308, s. 5, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-48 - Reports and information as basis for program

4:10-48. Reports and information as basis for program
Failure or refusal of any producer to file the report authorized in section 5 shall not invalidate any proceeding taken or marketing program issued hereunder. The secretary is authorized and directed to proceed upon the basis of reports received and such information as otherwise may be available.
L.1971, c. 308, s. 6, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-49 - Lists of producers

4:10-49. Lists of producers
From such reports so filed and the information so received or available to the secretary including any corrections, the secretary shall prepare a list of the names and addresses of such producers and the volume of such commodity produced or marketed by all such producers directly affected by the proposed marketing program, or amendments thereto, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the secretary pursuant to sections 13, 14 and 15 of this act and such findings shall be conclusive.
L.1971, c. 308, s. 7, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-50 - Confidentiality of reports by producers

4:10-50. Confidentiality of reports by producers
The information contained in the individual reports of producers filed with the secretary pursuant to section 5 of this act shall not be made public by the secretary in such form, but the information contained in such reports may be prepared in combined form for use by the secretary, his agents, or other interested persons, in the formulation, administration and enforcement of a marketing program, or may be made available pursuant to court order, but shall not be made available to anyone for private purposes.
L.1971, c. 308, s. 8, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-51 - Findings of secretary; basis

4:10-51. Findings of secretary; basis
In making any findings pursuant to this act, the secretary shall base his findings upon the facts, testimony and evidence received at the public hearing together with any other relevant facts available to him from official publications or records of the department and other governmental agencies referred to at the hearing.
L.1971, c. 308, s. 9, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-52 - Advisory council; members

4:10-52. Advisory council; members
Every marketing program issued pursuant to this act shall provide for the establishment of an advisory council to assist the secretary in the administration of the marketing program. The members of the council shall be appointed by the board from those directly affected in accordance with rules promulgated by the secretary and may hold office at the pleasure of the board. The number of members upon any such council shall be of such number as the secretary finds is necessary to assist properly in the administration of such program. The board may appoint one person who is neither a producer or processor to represent the public generally. The secretary and dean of the College of Agriculture and Environmental Science of Rutgers University may each appoint a nonvoting member to serve on the advisory council.
L.1971, c. 308, s. 10, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-53 - Compensation; powers and duties

4:10-53. Compensation; powers and duties
No member of any such council shall receive a salary but each shall be entitled to reimbursement of expenses incurred in the performance of official duties. The secretary may authorize the council to enter into contracts or agreements; to employ necessary personnel; to fix their compensation and terms of employment; and to incur such expenses as may be necessary for the proper administration of the marketing program. Subject to the approval of the secretary, the council may:
(a) Administer the marketing program;
(b) Recommend amendments to the marketing program;
(c) Recommend rules and regulations relating to the marketing program;
(d) Assist in the assessment and collection of funds to cover expenses incurred in the administration of the marketing program;
(e) Assist in the collection of such information and data as the secretary may deem necessary; and
(f) Receive and report complaints of violations of the marketing program.
L.1971, c. 308, s. 11, eff. Sept. 2, 1971. Amended by L.1973, c. 107, s. 1, eff. May 2, 1973.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-54 - Subject matter of marketing program

4:10-54. Subject matter of marketing program
Subject to the limitations of any other provision of this act, a marketing program may be effective throughout the State or a portion thereof and contain any of the following provisions:
(a) Advertising and sales promotion programs;
(b) Research studies in the production or distribution of the agricultural commodity. The dean of the Agricultural College of Rutgers University and the council shall cooperate in the selection of research projects. Insofar as practicable such projects shall be carried out by the Agricultural Experiment Station at Rutgers. If the dean of the Agricultural College at Rutgers University determines that the station has no suitable facilities for a particular project or that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the council;
(c) Educational programs designed to disseminate information related to the marketing of the commodity; and
(d) Contribution to any State-wide, nonprofit program to inform the general public about agriculture.
L.1971, c. 308, s. 12, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-54.1 - Persons assessed by other federal, state or multistate programs; exemption, adjustment or credit

4:10-54.1. Persons assessed by other federal, state or multistate programs; exemption, adjustment or credit
Any marketing, development, research or promotion program promulgated under provisions of this act may provide for exemption of, or allow suitable adjustments or credits to, producers, processors, buyers or other affected persons who are required by a Federal, State or multistate program to pay an assessment of a like amount under such program; provided, that any affected person who obtains a refund of his assessment under such a Federal, State or multistate program shall not be exempt. The secretary shall determine the conditions, procedures and forms under which such exemption may be granted.
L.1973, c. 107, s. 4, eff. May 2, 1973.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-55 - Referendum for approval; bloc vote of nonprofit associations of producers

4:10-55. Referendum for approval; bloc vote of nonprofit associations of producers
No marketing program or major amendment shall be effective unless the secretary finds through referendum:
(a) Written consent has been voted by not less than 65% of the producers voting in the referendum who are engaged in the production or producer marketing of at least 51% by volume of the agricultural commodity of those voting; or
(b) Written consent has been voted by producers who engage in the production or producer marketing of 65% of the volume of the agricultural commodity of those voting and who represent not less than 51% of the total number of producers voting in the referendum.
Volume shall be determined on the basis of the quantity of the commodity produced in the next preceding marketing season in New Jersey or that area of New Jersey to be covered by the marketing program or amendment. To facilitate the conduct of the referendum and to delineate those producers subject to the provisions of this act, the secretary or advisory council may limit eligibility for voting in and application of the referendum to those producers who produced a reasonable minimum amount, as determined by the secretary or council, of the affected commodity during the year immediately preceding the year in which the referendum is held and who are producing such commodity during the year of the referendum.
Nonprofit associations of producers who have the written consent of members to vote for them in referenda concerned with marketing programs may cast a bloc vote for such members in any referendum provided for in this act.
L.1971, c. 308, s. 13, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-56 - Referendum date

4:10-56. Referendum date
At each public hearing upon a marketing program or a major amendment the secretary may receive evidence relating to the time necessary for the receipt of written consent. He shall establish a referendum date on which consent must be received.
L.1971, c. 308, s. 14, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-57 - Suspension or termination

4:10-57. Suspension or termination
The secretary shall suspend or terminate any marketing program effective at the end of the then current marketing season whenever he finds, after a public hearing:
(a) The program is contrary to or does not tend to effectuate the purposes of this act.
(b) The termination or suspension is requested in writing by at least 51% of the affected producers, who produce at least 51% of the volume of the agricultural commodity, or by an association representing such numbers and volume.
L.1971, c. 308, s. 15, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-59 - Major amendments

4:10-59. Major amendments
Major amendments to marketing programs shall be instituted in the same manner as the marketing program. Provisions effecting substantial modifications or provisions relating to the following shall be deemed to be major amendments:
(a) Advertising and sales promotion;
(b) Research studies relating to production or distribution;
(c) Alteration of maximum assessment rates.
In the event a major amendment is not approved in a referendum, the marketing program will continue in effect.
L.1971, c. 308, s. 17, eff. Sept. 2, 1971. Amended by L.1973, c. 107, s. 2, eff. May 2, 1973.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-60 - Effective date; filing; publication

4:10-60. Effective date; filing; publication
Any program promulgated pursuant to the provisions of this act shall become effective upon the filing of a copy of the program in the office of the Secretary of the State of New Jersey. The secretary may publish the program in the newspapers of general circulation and may mail copies of the order to interested persons.
L.1971, c. 308, s. 18, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-62 - Deposit for expenses upon application for marketing program; refund; assessment of producers and processors; budget

4:10-62. Deposit for expenses upon application for marketing program; refund; assessment of producers and processors; budget
The secretary may require persons applying for a marketing program to deposit with him in advance such amount as he deems necessary to defray the expenses connected with the formulation and issuance of the program and shall reimburse these persons when sufficient funds are available from assessments after the program is in effect. In the event a program is not issued, the secretary shall refund only that portion remaining after the payment of expenses incurred in connection with the proposed program on a pro rata basis.
For the purpose of providing funds to defray the necessary expenses incurred by the secretary in the formulation, issuance, administration and enforcement of each marketing program, the marketing program shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. The marketing program shall indicate the maximum assessment rate. The advisory council shall recommend to the secretary, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the secretary finds that the budget and assessment rate are proper and equitable and will provide sufficient money to defray expenses, he may approve the budget and rate of assessment and order that each producer or processor so assessed shall pay to him, at such times and in such installments as he may prescribe, an assessment based upon the units in which such agricultural commodity is marketed, or upon any other uniform and equitable basis. Assessment rates for producers directly affected shall not exceed 5% of the gross dollar value of sales by affected producers during the marketing season.
L.1971, c. 308, s. 20, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-63 - Deposit by producers prior to marketing season

4:10-63. Deposit by producers prior to marketing season
The secretary may require each and every producer directly regulated by any marketing program to deposit with him in advance of the marketing season an amount limited to 1% of the estimated value of the agricultural commodity to be marketed by such producer.
To provide funds to cover the costs of advertising, sales promotion, research or education plans incurred prior to the receipt of sufficient funds from assessments, the secretary may require each person so assessed to deposit with him in advance an amount not exceeding 25% of such assessment.
L.1971, c. 308, s. 21, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-64 - Contributions in lieu of advance deposits; repayment

4:10-64. Contributions in lieu of advance deposits; repayment
In lieu of requiring advance deposits for defraying administrative advertising, sales promotion, research or education expenses, the secretary is authorized to receive and disburse for such expense purposes contributions made by producers or others. Neither the council nor the secretary shall be held responsible for the repayment of such contributions. Whenever the marketing program accounts are sufficient to so warrant, the council shall recommend and the secretary shall authorize the repayment of contributions or authorize the application of such contributions to the assessment obligations of the persons who made the contributions.
L.1971, c. 308, s. 22, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-65 - Collection of assessments

4:10-65. Collection of assessments
For the convenience of collecting any assessments on a processing commodity, the secretary may collect such assessments from the processors of the commodity. Any assessment on a fresh market commodity may be collected from the buyers of the commodity as defined in this act. Processors and buyers paying such assessments for and on behalf of any producers, shall deduct the amount of such assessment from any moneys which they owe such producers.
L.1971, c. 308, s. 23, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-66 - Deposit of funds with state treasurer; separate accounts; disbursement

4:10-66. Deposit of funds with state treasurer; separate accounts; disbursement
All moneys received by the secretary pursuant to this act shall be deposited as received with the State Treasurer and maintained by him in separate accounts for each marketing program or agreement. Moneys credited to each such account shall be appropriated and used for the payment of expenses incurred in carrying out the provisions of the particular marketing program or agreement, refunds and returns of excess assessments and shall be disbursed by the State Treasurer out of such funds in the same manner as other State expenses are paid, provided, however, that no refund or return of excess assessment shall be made where the amount due an individual is less than $5.00.
L.1971, c. 308, s. 24, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-67 - Emblems, labels, designations of grade, quality or condition; filing; use

4:10-67. Emblems, labels, designations of grade, quality or condition; filing; use
The advisory council may adopt emblems, labels or other distinctive designations of grade, quality or condition and shall register said emblems, labels or designations with the secretary who will cause them to be filed with the Secretary of the State of New Jersey. Every person who is directly regulated by the program shall have the use thereof.
No person shall use any emblem, label or other distinctive designation of grade, quality or condition established by a marketing program, other than State or Federal grade standards, unless he is participating in and complying with the provisions of the marketing program.
L.1971, c. 308, s. 25, eff. Sept. 2, 1971. Amended by L.1973, c. 107, s. 3, eff. May 2, 1973.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-68 - Cooperation with federal government and other states

4:10-68. Cooperation with federal government and other states
The secretary is hereby authorized to confer with and cooperate with the legally constituted authorities of other states and of the United States, for the purpose of obtaining uniformity in the administration of Federal and State marketing regulations, agreements, or programs, and the secretary is authorized to conduct joint hearings, issue joint or concurrent marketing programs which tend to effectuate the purposes of this act and may exercise any administrative authority granted by this act to effect such uniformity of administration and regulation.
L.1971, c. 308, s. 26, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-69 - Assessments as personal debts; action for collection; penalty

4:10-69. Assessments as personal debts; action for collection; penalty
Assessments levied by the secretary shall constitute personal debts of persons so assessed and when due shall be payable to the secretary. In the event of failure to pay any such assessment upon the due date, the secretary may file a complaint in a court of competent jurisdiction for the collection thereof.
In the event any producer or processor duly assessed fails to make full payment on or before the due date, the secretary is authorized to add to the unpaid assessment an amount not exceeding 10% to defray the cost of collecting the unpaid assessment.
L.1971, c. 308, s. 27, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-70 - Liability of members and employees of advisory councils

4:10-70. Liability of members and employees of advisory councils
The members and employees of any advisory council shall not be held individually responsible to any producer, processor or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, except for their individual acts of dishonesty or crime. Members or employees shall not be held individually responsible for any act or omission of any other member or employee. The liability of the members and employees shall be several and not joint.
L.1971, c. 308, s. 28, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-71 - Survival of causes of action; possession as prima facie evidence of offer to sell; exercise of power or duty by agent

4:10-71. Survival of causes of action; possession as prima facie evidence of offer to sell; exercise of power or duty by agent
The suspension, amendment or termination of any marketing program or marketing agreement shall not suspend or terminate any cause of action which has accrued thereunder, but the same shall survive and exist the same as if such marketing program or agreement had not been suspended, amended or terminated.
In all matters arising under this act, the fact of possession by any person engaged in the sale of a commodity is prima facie evidence that such commodity is for sale.
Whenever any power or authority is given by any provision of this act to any person it may be exercised by any deputy, inspector, or agent duly authorized by him.
L.1971, c. 308, s. 29, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-72 - Penalties; remedies

4:10-72. Penalties; remedies
30. Any person who violates any provision of this act or of any marketing program issued pursuant to this act shall be liable to a penalty of not less than $100.00 nor more than $500.00 for each offense.
Each day of violation shall be deemed a separate offense.
Penalties set forth in this act shall be sued for by and in the name of the secretary, and shall be recoverable with costs. The Superior Court and municipal courts shall have jurisdiction to enforce the provisions of this act or of any marketing program issued pursuant to this act. Any proceeding for a violation of this act may be brought in the municipality where the violator resides, has a place of business or principal office, or where the act or omission or part thereof complained of occurred. The proceeding shall be summary in nature and in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). A warrant may be issued in lieu of summons. If judgment shall be rendered for the plaintiff, the court shall cause any defendant, who may refuse or fail to pay forthwith the amount of the judgment rendered against him and all costs and charges incident thereto, to be committed to the county jail for a period not exceeding 30 days.
If a defendant who is committed to jail in default of payment of the penalty shall serve the full period for which he shall be committed, upon his release from jail he shall be entitled to have the judgment satisfied of record.
The secretary may institute an action in the Superior Court for injunctive relief to prevent and restrain any violation of this act or of any marketing program issued pursuant to the act.
Any action based upon the violation of this act or any marketing program issued pursuant to this act shall be commenced within one year from the date of the violation.
The penalties and remedies prescribed in this section shall be concurrent and alternative and shall not bar any other civil, criminal or administrative action authorized by law in respect to such violation.
L.1971,c.308,s.30; amended 1991,c.91,s.170.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-73 - Application to laws governing agricultural commodities; control or limitation of production

4:10-73. Application to laws governing agricultural commodities; control or limitation of production
Nothing in this act shall be construed as repealing or modifying any existing law which governs agricultural commodities, or as authority to control or limit the production of any agricultural commodity.
L.1971, c. 308, s. 31, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-74 - Application to taxes on poultry feed, white potatoes, asparagus, and apples; alteration of rates, form and manner

4:10-74. Application to taxes on poultry feed, white potatoes, asparagus, and apples; alteration of rates, form and manner
The councils and commodity programs heretofore created and established under chapter 47 (C. 54:47A-1 et seq.) and chapter 169 (C. 54:47B-1 et seq.) of the laws of 1957 and chapter 18 (C. 54:47C-1 et seq.) and chapter 80 (C. 54:47D-1 et seq.) of the laws of 1959 shall be subject to the provisions of section 15 of this act.
The councils under said chapters may alter the assessment rates prescribed therein and the form and manner of the assessment prescribed with respect thereto, in the same manner as provided in section 17 of this act.
L.1971, c. 308, s. 32, eff. Sept. 2, 1971. Amended by L.1975, c. 142, s. 1, eff. July 7, 1975.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-75 - Petition for participation by buyers or processors; referendum

4:10-75. Petition for participation by buyers or processors; referendum
The secretary is authorized to receive petitions from any buyer, processor or group of processors or buyers to participate and become directly affected by any marketing program authorized by this act. Except as provided in section 23 of this act, no buyer, processor or group of processors shall be affected by the provisions of this act or marketing programs issued pursuant thereto unless a petition signed by the buyer, processor or group of processors or an authorized agent thereof is received by the secretary. When such petition or petitions are received, the secretary shall notify the advisory council of the affected commodity; and the council shall recommend to the secretary such amendments to the program as may be desirable and necessary to provide for the participation of such buyer, processor, buyers or processors. If approved by a referendum of producers as provided in this act, processors or buyers who have petitioned for participation in a marketing program may be made subject to the remaining provisions of this act, including but not limited to assessments equal to those imposed on producers; representation on the commodity advisory council; and participation in any subsequent referendum in the same manner as provided for producers.
L.1971, c. 308, s. 33, eff. Sept. 2, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-76 - "New Jersey Wine Promotion Account"; establishment, funding.

4:10-76 "New Jersey Wine Promotion Account"; establishment, funding.
2. a. There is established in the Department of Agriculture the "New Jersey Wine Promotion Account," hereinafter referred to as the "account." All monies received in this account shall be expended by the Secretary of Agriculture for research and development concerning the viticultural and wine-making processes in the State and for the promotion of New Jersey wine, consistent with the recommendations of the New Jersey Wine Industry Advisory Council created pursuant to section 3 of P.L.1985, c.233 (C.4:10-77).
b. The account shall be credited annually, in an appropriation by law, with an amount equal to $0.47 per gallon on all sales of wines, vermouth and sparkling wines sold by plenary winery and farm winery licensees licensed pursuant to R.S.33:1-10.
c. The account shall also be credited with any monies made available to it from the General Fund or any non-State public or private source.
d. The secretary shall include with the annual budget request for the department a request for funds sufficient to carry out the purposes and intent of P.L.1985, c.233 (C.4:10-76 et seq.)
L.1985,c.233,s.2; amended 1989, c.209, s.4; 2001, c.323.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-78 - Certification by taxation director

4:10-78. Certification by taxation director
The Director of the Division of Taxation shall certify by March 1, 1986 and by March 1 annually thereafter to the New Jersey Wine Industry Advisory Council the number of taxable gallons of wine sold by plenary winery and farm winery licensees during the preceding taxable year.
L. 1985, c. 233, s. 4, eff. July 11, 1985.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:10-79 - Establishment of organic certification program

4:10-79. Establishment of organic certification program
1. a. The Secretary of Agriculture shall establish an organic certification program. In establishing the program, the secretary shall consider any national standards that may be adopted by the United States Department of Agriculture for agricultural products.
b. In establishing an organic certification program, the secretary may:
(1) designate one or more organizations to certify organic farming and handling practices, and provide that a designated certifying organization may charge fees to cover reasonable costs associated with the certification process;
(2) establish certification procedures for "certified organic" and "transitional sustainable";
(3) design a label to be affixed to agricultural products that receive certification as "certified organic" or "transitional sustainable," as appropriate; and
(4) charge fees to cover reasonable additional costs associated with the organic certification program and the federal program requirements.
c. The secretary shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement an organic certification program, which rules and regulations may include, but need not be limited to, a list of approved, regulated and prohibited production practices and substances.
L.2003,c.176.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-1 - Definitions.

4:11-1 Definitions.
4:11-1. As used in this article:
"Agent" means any person buying, receiving, soliciting or negotiating the sale of cattle, sheep, horse or swine for or on behalf of any dealer or broker.
"Broker" means any person engaged in the business of soliciting or negotiating the sale, resale, exchange or shipment of cattle, sheep, horse or swine.
"Cattle" means all dairy, feeding, beef or breeding animals of bovine genus.
"Sheep" means all animals of ovine genus.
"Swine" means all animals of porcine genus.
"Dealer" means any person engaged in the business of buying, receiving, selling, exchanging, soliciting or negotiating the sale, resale, exchange or shipment of any cattle, sheep , horse or swine.
"Secretary" means the Secretary of Agriculture.
"Board" means the State Board of Agriculture.
"Horse" means all animals of equus genus.
Amended 1949, c.209, s.1; 1966, c.27, s.1; 1998, c.105, s.4.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-2 - Inapplicability of article.

4:11-2 Inapplicability of article.
4:11-2. This article shall not apply:
a. To any person who receives, buys, exchanges or ships cattle, sheep, horses or swine exclusively for slaughter;
b. To any person who is permanently discontinuing the business of dairying, breeding or feeding cattle, sheep, horses or swine; or
c. To any person who purchases, receives or exchanges cattle, sheep, horses or swine for the sole purpose of increasing or improving his herd or flock.
Amended 1949, c.209, s.2; 1966, c.27, s.2; 1998, c.105, s.5.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-3 - Necessity of license; mode of designating agents

4:11-3. Necessity of license; mode of designating agents
No person shall engage in or carry on the business of dealer or broker, as defined in section 4:11-1 of this title, or act as agent for a dealer or broker unless licensed as provided in this article.
No agent shall act for any dealer or broker unless such dealer or broker is licensed, has designated such agent to act in his behalf, has notified the secretary of such appointment either in his application for license or by an official notice in writing, and has requested the secretary to issue to such agent an agent's license. The dealer or broker shall be accountable and responsible for the acts of such agents.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-4 - Application for license; fee.

4:11-4 Application for license; fee.
4:11-4. A person, before engaging in the business referred to in section 4:11-3 of this Title shall, annually on or before June 1, file an application for a license with the secretary on a form prescribed by him and pay an application fee of $30.00 which shall not be returned if the license is not granted.
The application shall state the nature of the business, the breed or breeds of cattle, sheep, horses or swine which the applicant proposes to handle, the name of the person applying for the license, and, if the applicant be a firm, association, partnership or corporation, the full name of each member of such firm, association, partnership or the names of the officers of the corporation, and the name of the agent or agents of the applicant, the municipality and the post-office address at which the business is to be conducted, and such other facts as the secretary shall prescribe.
The applicant shall further satisfy the secretary of his or its character, financial responsibility and good faith in seeking to engage in the business.
Amended 1949, c.209, s.3; 1966, c.27, s.4; 1971, c.235, s.2; 1998, c.105, s.6.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-5 - Issuance of license.

4:11-5 Issuance of license.
4:11-5. Upon compliance by the applicant with the terms of section 4:11-4 of this Title, the secretary shall, subject to the provisions of this article, issue a license entitling the applicant or his agent to conduct the business of buying or receiving cattle, sheep, horses or swine, or receiving, selling, exchanging, soliciting or negotiating the sale, resale, exchange or shipment of cattle, sheep, horses or swine at the place named in the application, until June 30 next following. If application is made and an application fee of $15.00 is paid subsequent to July 1 in any license year, the license shall run until July 1 next following.
Amended 1949, c.209, s.4; 1966, c.27, s.5; 1998, c.105, s.7.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-6 - Investigation of record of applicant or licensee

4:11-6. Investigation of record of applicant or licensee
The secretary, or an assistant whom he may designate, may, either of his own motion or upon the verified complaint of any interested person, investigate the record of any person applying for or holding a license, or his agents.
For the purpose of such investigation the secretary or assistant may examine the ledgers, books of account, memoranda or other documents of any such person and may take testimony thereon under oath, but information relating to the general business of any such person disclosed by the investigation and not related to the immediate purpose thereof shall be deemed of a confidential nature by the secretary or assistant.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-7 - Hearing by secretary when verified complaint filed

4:11-7. Hearing by secretary when verified complaint filed
When a verified complaint mentioned in section 4:11-6 of this title is filed with the secretary, with respect to any person applying for or holding a license, or his agents, the secretary shall conduct a hearing thereon and shall furnish such person with a copy of the complaint and a notice of the time and place of hearing, which notice shall be served either personally or by registered mail directed to his place of business or last known residence address, with postage fully prepaid, at least ten days prior to the time fixed for hearing.
In the hearing of any complaint the secretary or assistant whom he may designate may sign and issue subpoenas, administer oaths, examine witnesses, take depositions, receive evidence and require by subpoena the attendance and testimony of witnesses and the production of such accounts, records and memoranda as may be material in the determination of the matter alleged in the complaint.
The secretary or assistant whom he may designate shall render a decision either dismissing the complaint or specifying the facts which he deems established at the hearing.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-8 - Hearing before revocation of license

4:11-8. Hearing before revocation of license
Before any license is revoked, the licensee shall be furnished with a copy of the complaint against him and shall be given at least ten days' notice of the time and place fixed for the hearing before the secretary to determine whether the license should be revoked. The notice shall be served in the manner provided in section 4:11-7 of this title.
At the time and place fixed for hearing the secretary shall receive evidence, administer oaths, examine witnesses and hear the testimony and shall thereafter file an order either dismissing the proceeding or revoking the license.