reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-9 - Refusal, revocation of license.

4:11-9 Refusal, revocation of license.
4:11-9. The secretary may decline to grant or may revoke a license when he is satisfied that:
a. The applicant or licensee has violated the State laws or official regulations governing interstate or intrastate movement of cattle, sheep, horses or swine;
b. In the buying or receiving of cattle, sheep, horses or swine, or receiving, selling, exchanging, soliciting or negotiating the sale, resale, exchange or shipment of cattle, sheep, horses or swine, there have been false or misleading statements as to the health or physical condition of the animals with regard to official tests, or quantity of cattle, sheep, horses or swine or the practice of fraud or misrepresentation in connection therewith;
c. As shown by a continual course of dealing, the licensee is unable or unwilling to conduct properly the business of a dealer or broker;
d. The applicant or licensee has knowingly bought or received cattle, sheep, horses or swine, or received, sold, exchanged, solicited or negotiated the sale, resale or exchange of cattle, sheep, horses or swine that were diseased and likely to transmit such disease to other cattle, sheep, horses or swine, or human beings;
e. There has been a failure to practice ordinary measures of sanitation of barns, stables, premises or vehicles used for the stabling, holding or transporting of cattle, sheep, horses or swine;
f. There has been a continual or persistent failure to keep records required by the secretary or by law; or that there is a refusal on the part of the licensee to produce books, accounts or records of transactions in the carrying on of the business for which the license is granted; or
g. There has been a continual or persistent failure to comply with the provisions of R.S.4:22-1 et seq. relating to cruelty to animals.
Amended 1949, c.209, s.5; 1966, c.27, s.6; 1998, c.105, s.8.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-10 - Review of refusal or revocation of license

4:11-10. Review of refusal or revocation of license
The action of the secretary in refusing to grant or in revoking a license shall be subject to review by the Superior Court in a proceeding in lieu of prerogative writ. Whenever any proceeding is taken to review the revocation of a license the license shall be deemed to be in force until the final determination of the proceeding, if the license fee has been paid, subject, however, to the order of the said court.
Amended by L.1953, c. 5, p. 34, s. 23.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-12 - Posting by dealer or broker of copy of license

4:11-12. Posting by dealer or broker of copy of license
Every person licensed under the provisions of this article and conducting business under the license shall keep a copy thereof, to be furnished by the secretary, posted in a conspicuous place in or at his place of business and exposed to inspection by any person entitled to make such inspection.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-13 - Agent's card.

4:11-13 Agent's card.
4:11-13. The licensee and each of his agents shall carry an agent's card at all times, when buying or receiving cattle, sheep, horses or swine, or receiving, selling, exchanging, soliciting or negotiating the sale, resale, or shipment of cattle, sheep, horses or swine.
The licensee or agent shall exhibit the card to persons with whom he is negotiating or from whom he is soliciting business and to the secretary or assistant whom the secretary may designate.
Amended 1949, c.209, s.6; 1966, c.27, s.7; 1998, c.105, s.9.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-13.1 - Rules, regulations.

4:11-13.1 Rules, regulations.
3. The board may adopt and promulgate such rules and regulations as it may deem necessary to carry out the provisions of this act and to prevent the spread of disease among cattle, sheep, horses and swine.
1966, c.27, s.3; amended 1998, c.105, s.10.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-14 - Violations, penalties.

4:11-14 Violations, penalties.
4:11-14. A person who shall:
a. Engage in or carry on 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, as dealer, broker or agent, within the meaning of this article, without first having obtained a license as provided in this article; or
b. Violate any of the provisions of this article--
Shall be liable to a penalty of $200.00 for the first offense and $500.00 for the second and each subsequent offense, which penalty shall be sued for and recovered by and in the name of the department in the manner provided in article 1 of chapter 23 of this Title (R.S.4:23-1 et seq.) and in such proceeding the defendant may be arrested upon the commencement of the action.
If judgment is rendered for the plaintiff the court shall cause a defendant who shall 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 of not less than five nor more than 90 days in the case of a first offense and not less than 10 nor more than 200 days for a second and each subsequent offense.
Amended 1949, c.209, s.7; 1953, c.5, s.24; 1966, c.27, s.8; 1998, c.105, s.11.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-14.1 - Disclosure of identifying information prior to sale of horse at auction; violations, penalties.

4:11-14.1 Disclosure of identifying information prior to sale of horse at auction; violations, penalties.
1. a. Before any horse may be sold at an auction, the auction organizer shall determine whether the horse has an implanted microchip or has been tattooed or branded with any identifying mark. If the horse has an implanted microchip, tattoo, or brand, the auction organizer shall post, on its Internet website, all identifying information, including any identification number contained in the microchip and a detailed description or picture of any tattoo or brand found on the horse.
b. No horse shall be offered for sale at an auction before 72 hours have elapsed following posting of the horse's identifying information on the auction organizer's Internet website.
c. For a minimum of one year following the date of sale, for each horse sold at auction, an auction organizer shall maintain appropriate records which accurately document compliance with this section, including:
(1) the presence or absence of a microchip, tattoo, or brand;
(2) the date and time of the posting of the information required by this section; and
(3) the date and time each horse was sold at auction.
d. Any person who violates this section shall be subject to a civil penalty up to $200 for the first offense and up to $500 for the second and each subsequent offense, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
L.2019, c.97.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-15 - Definitions

4:11-15. Definitions
As used in this article:
"Agent" means any person receiving, buying, soliciting or negotiating the sale of any perishable agricultural commodity or hay, straw or grain or any one or more of them from the grower thereof for or on behalf of any commission merchant, dealer or broker.
"Agricultural commodity" means any perishable agricultural commodity or hay, straw or grain or any one or more of them, as the case may be.
"Broker" means any person engaged in the business of soliciting or negotiating the sale of any perishable agricultural commodity or hay, straw or grain or any one or more of them on behalf of the grower.
"Commission merchant" means any person engaged in the business of soliciting or receiving any perishable agricultural commodity for sale on commission on behalf of the grower thereof.
"Dealer" means any person engaged in the business of buying any agricultural commodity from the grower thereof for the purpose of shipping or for sale, resale or manufacture.
"Eggs" means avian eggs of the kind produced and used for human food including the eggs of chickens, turkeys, ducks, geese and guineas, but not those sold or resold for purposes of laboratory or biological uses.
"Grower" means any person engaged in the business of growing or producing any agricultural commodity in this State, or any agricultural co-operative association organized pursuant to the provisions of chapter 13 of this Title.
"Perishable agricultural commodity" means any fruit or vegetable of every kind, including those frozen or packed in ice, and any poultry product.
"Poultry product" means live poultry and eggs as defined in this act, when purchased in wholesale quantities from a grower, or his agent, or a marketing association for sale or resale for human consumption or hatching purposes.
"Poultry" means domestic fowl, including all marketing classifications of chickens, turkeys, ducks, geese and guineas, not sold for show or breeding purposes.
"Secretary" means the Secretary of Agriculture.
"Board" means the State Board of Agriculture.
Amended by L.1953, c. 419, p. 2097, s. 1; L.1962, c. 81, s. 1; L.1966, c. 76, s. 1, eff. May 1, 1967; L.1969, c. 141, s. 1, eff. May 1, 1970.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-16 - Article inapplicable to certain transactions

4:11-16. Article inapplicable to certain transactions
This article shall not apply to any transaction in which the grower receives at the time of the transaction full payment of the amount due him, or to any duly incorporated agricultural cooperative association in its dealings with its members.
Amended by L.1953, c. 419, p. 2098, s. 2; L.1966, c. 76, s. 2, eff. May 1, 1967; L.1969, c. 141, s. 2, eff. May 1, 1970; L.1977, c. 427, s. 1, eff. Nov. 1, 1978.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-17 - Cooperative agricultural associations; inapplicability of article; registration; exempt agent identification cards; issuance

4:11-17. Cooperative agricultural associations; inapplicability of article; registration; exempt agent identification cards; issuance
Nothing contained in this article shall be construed to apply to any agricultural cooperative association which deals only with its members and organized pursuant to the provisions of chapter 13 of this Title (s. 4:13-1 et seq.), or the provisions of an act entitled "An act to provide for the incorporation and regulation of cooperative agricultural associations, either with or without capital stock," approved February 28, 1924.
Cooperative agricultural associations exempted by this section shall register with the Department of Agriculture and be issued exempt agent identification cards.
L.1924, c. 12, p. 22. Amended by L.1977, c. 427, s. 2, eff. Nov. 1, 1978.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-19 - Application for license; fee

4:11-19. Application for license; fee
A person before engaging in such business shall on or before November 1 of each year, 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, for a license to transact such business.
The application shall state the nature of the business, the kinds of agricultural commodities which the applicant proposes to handle and if they be perishable agricultural commodities then the kinds of perishable agricultural commodities which the applicant proposes to handle, the full 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 the firm, partnership or association, or officers of the corporation, and the name of the business is to be conducted, and such other facts as the secretary shall the local agent of the person, firm, association, partnership or corporation, the municipality and street address, if any, or post-office address, where prescribe.
The applicant shall satisfy the secretary of his character, financial responsibility and good faith in seeking to engage in the business.
Amended by L.1938, c. 231, p. 531, s. 1; L.1954, c. 229, p. 857, s. 1; L.1962, c. 81, s. 2; L.1966, c. 76, s. 3, eff. May 1, 1967; L.1971, c. 235, s. 3, eff. June 23, 1971; L.1977, c. 427, s. 3, eff. Nov. 1, 1978.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-21 - Agricultural commodity agent licensure

4:11-21. Agricultural commodity agent licensure
Upon the filing and approval of the application and bond or securities, as the case may be, the secretary shall thereupon issue to the applicant or his agent a license entitling the applicant or the agent to conduct the business of receiving, buying, soliciting or negotiating the sale of perishable agricultural or other agricultural commodities on behalf of the grower, of the kind or kinds, and the place named in the application, which license shall expire on December 31 of the year next following its date of issuance.
Amended by L. 1938, c. 231, p. 531, s. 2; L. 1954, c. 229, p. 858, s. 3; L. 1962, c. 81, s. 4; L. 1966, c. 76, s. 5, eff. May 1, 1967; L. 1969, c. 141, s. 4, eff. May 1, 1970; L. 1986, c. 185, s. 1, eff. Nov. 1, 1987.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-22 - Designation and licensing of agent

4:11-22. Designation and licensing of agent
No agent shall receive, buy, solicit or negotiate the sale of any agricultural commodity in this State on behalf of any commission merchant, dealer or broker unless such agent has been designated by a duly licensed commission merchant, dealer or broker to so act and unless such commission merchant, dealer or broker has notified the secretary in his application for license or given notice in writing of such designation and has requested the secretary to issue to the agent an agent's license.
Amended by L.1962, c. 81, s. 5.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-23 - Investigation of record of applicant or licensee

4:11-23. Investigation of record of applicant or licensee
The secretary or an assistant whom he may designate may investigate upon the verified complaint of any interested person, or upon the verified complaint of any agricultural co-operative association organized pursuant to the provisions of chapter 13 of this title (s. 4:13-1 et seq.), or of his own motion, the record of any person applying for or holding a license as commission merchant, broker, dealer or agent, and for such purpose 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 relating 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 4:11-24 - Hearing by secretary when verified complaint filed

4:11-24. Hearing by secretary when verified complaint filed
When a verified complaint is filed with the secretary, as mentioned in section 4:11-23 of this title, with respect to any person applying for or holding a license, 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 for 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 4:11-25 - Hearing before revocation of license

4:11-25. Hearing before revocation of license
Before any license is revoked the secretary shall give the licensee at least ten days' notice of the time and place of hearing before the secretary and shall furnish him with a copy of the complaint against him, which complaint and notice shall be served upon the licensee in the manner provided in section 4:11-24 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.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-26 - Grounds for refusing or revoking license

4:11-26. Grounds for refusing or revoking license
The secretary may refuse to grant or may revoke a license for the following causes:
a. Where the licensee has made a general assignment for the benefit of creditors or has been adjudged a bankrupt or is insolvent or where a money judgment has been secured against him, upon which an execution has been returned unsatisfied;
b. Where there has been a failure to account for or make prompt settlement for any agricultural commodities received, bought, solicited or negotiated;
c. Where any false statement has been made as to condition, quality or quantity of agricultural commodities received or bought or where the sales were negotiated or held for sale on commission when the same might have been known on reasonable inspection;
d. Where there has been a continual course of dealings of such a nature as to satisfy the secretary of the inability or unwillingness of the licensee, or his agent, to properly conduct the business of receiving, buying, soliciting or negotiating the sale of agricultural commodities on behalf of the grower thereof;
e. Where the licensee has been duly required to file an additional bond and has failed to do so;
f. Where there has been a continued and persistent failure to keep the records required by the secretary or by law; or where there has been a refusal on the part of the licensee to produce books, accounts or records of transactions in carrying on the business for which such license is granted.
Amended by L.1962, c. 81, s. 6.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-27 - Review of refusal or revocation of license

4:11-27. Review of refusal or revocation of license
The action of the department in refusing to grant or in revoking a license shall be subject to review by the Superior Court in a proceeding in lieu of prerogative writ. Whenever any proceeding is taken to review a revocation the license shall be deemed to be in full force and effect until the final determination of such proceeding, if the fee for the license has been paid, subject, however, to the order of the said court.
Amended by L.1953, c. 5, p. 35, s. 25.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-28 - Filing with secretary of claims against licensee

4:11-28. Filing with secretary of claims against licensee
Upon default of any licensee in the payment of any money due to any grower, the grower may file with the secretary, upon a form prescribed by him, a verified statement of his claim. If the grower has reduced his claim to judgment a transcript of the judgment shall be filed with the secretary. Such statement may be filed at any time during the period of the license and within ninety days from the termination of such period, for debts contracted during such licensed period.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-28.1 - Claim by grower; time of filing; contents

4:11-28.1. Claim by grower; time of filing; contents
Each grower shall have 90 days from the date payment was due to file a claim with the Secretary of Agriculture on forms prescribed by him giving all terms of agreement and amount due. Failure to file within 90 days shall nullify the claim. All licensees may make agreements for deferred payments, but no claims shall be allowed on any such agreement payable beyond December 31 of license year.
L.1977, c. 427, s. 7, eff. Nov. 1, 1978.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-29 - Audit of claims; demand upon surety; publication of nonpayment; necessity of filing claims; action

4:11-29. Audit of claims; demand upon surety; publication of nonpayment; necessity of filing claims; action
The secretary shall audit claims properly filed and determine the amounts due all such creditors.
Whenever an audit and hearing determine a claim to be valid and there is a refusal to pay, demand shall be made upon the surety after 90 days. During the 90 days the secretary shall publish the nonpayment of the claim each week in a newspaper in the county where the licensee resides as well as in all counties where transactions may have taken place in New Jersey with a request for all claims. All claimants will be required to file claims before expiration of said 90 days and demand is made on surety. During the 90 days the license of the dealer is revoked and can only be renewed after a new application and hearing. If the surety shall not make payment of the amount so demanded, upon the expiration of 90 days from the termination of the license period, the secretary shall bring an action at law to recover from the surety on said bond the amount necessary to satisfy such claims or such part thereof as shall equal the amount of the bond, which action may be instituted by the secretary in his official capacity as such on behalf of said claimants, but without naming them as plaintiffs or defendants therein. The moneys obtained from the sale of said securities or by action against the surety shall be used for the satisfaction of such claims, and the secretary shall make distribution thereof to the claimants in accordance with the amounts determined to be due thereon, and if less than the total amount of said claims shall be so obtained, distribution shall be made ratably to the creditors according to said amounts.
If a creditor has reduced his claim to judgment, the judgment shall be presumptive proof of the amount due him.
Claims not filed during the license period or within 90 days from the termination of the license period, shall not be received, acted upon or paid and shall not participate in the proceeds of any bond, moneys or securities deposited with the secretary.
The secretary may bring an action in any court of competent jurisdiction against the licensee or surety or sureties on the bond or bonds for the recovery of any money due and owing to a grower or growers as hereinbefore provided.
Amended by L.1954, c. 229, p. 859, s. 4; L.1977, c. 427, s. 5, eff. Nov. 1, 1978.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-29.1 - Request to producer to sign statement relieving dealer or surety unlawful

4:11-29.1. Request to producer to sign statement relieving dealer or surety unlawful
It shall be unlawful for any person to request a producer to sign any statement, affidavit, assignment, or waiver of any kind which has for its purpose or intent to relieve to any extent whatsoever a dealer, indemnitor or surety company of its full financial responsibility under this article.
L.1949, c. 174, p. 565, s. 2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-31 - Posting of copy of license

4:11-31. Posting of copy of license
A person licensed under the provisions of this article and conducting business under the license shall keep a copy thereof, to be furnished by the secretary, posted in a conspicuous place in or at his place of business and exposed for inspection by any person who may properly make such inspection.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-32 - Carrying and exhibiting agent's license

4:11-32. Carrying and exhibiting agent's license
The licensee and each of his agents shall at all times when receiving, buying, soliciting or negotiating the sale of agricultural commodities carry an agent's license which shall be exhibited to growers or to the officers of any agricultural co-operative association which deals only with its members and organized pursuant to the provisions of chapter 13 of this Title (s. 4:13-1 et seq.) when negotiating business with them, or to the secretary or assistant whom he may designate, upon request.
Amended by L.1962, c. 81, s. 7.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-33 - Certification by secretary as to license

4:11-33. Certification by secretary as to license
The secretary shall, upon request, certify whether the records kept by his department show or fail to show the issuance of a license in accordance with the provisions of this article, and such certificate whether made upon request, or made by the secretary for use in proceedings instituted under the provisions of this article, shall be prima facie evidence of the facts therein stated. The fee for the certificate shall be one dollar.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-34 - Penalty for violations; jail for nonpayment

4:11-34. Penalty for violations; jail for nonpayment
A person, who shall engage in the business of commission merchant, dealer or broker, as defined in section 4:11-15 of this Title, without first having obtained a license as provided in this article shall be subject to a penalty of not more than $3,000.00 a day for each day of operation.
Any grower or producer of perishable agricultural commodities, poultry products or poultry who knowingly sells to, or utilizes the services of, any unlicensed commission merchant, dealer or broker shall be subject to a penalty of not more than $3,000.00, or who shall violate any other provision of this article shall be subject to a penalty of $100.00 for the first offense and $500.00 for the second and each subsequent offense, to be sued for and recovered with costs in the name of the department in the manner provided in article 1 of chapter 23 of Title (s. 4:23-1 et seq.) and in such proceeding the defendant may be arrested upon the commencement of the action.
If judgment is rendered for the plaintiff the court shall cause a defendant who shall 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 of not less than 5 nor more than 90 days for a first offense and not less than 10 nor more than 200 days for the second and each subsequent offense.
Amended by L.1953, c. 5, p. 35, s. 26; L.1977, c. 427, s. 6, eff. Nov. 1, 1978.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-34.1 - Termination of unlicensed operations

4:11-34.1. Termination of unlicensed operations
The department shall have the power to stop the operation of any person operating in the State of New Jersey without a license as provided by this act. The secretary may order such operations terminated immediately but any person whose operations are stopped shall have 10 days to appeal to the Secretary of Agriculture for a hearing at which the secretary or any person duly appointed by him shall review all the circumstances of the case. The department may enforce this section by summary proceedings through courts of competent jurisdiction. The State Police, the county sheriff or any municipal police are authorized to assist the department in the enforcement of this section.
L.1977, c. 427, s. 8, eff. Nov. 1, 1978.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-35 - Definitions

4:11-35. Definitions
As used in this act:
(a) "Dealer" means any person engaged in the business of buying or receiving any live poultry from poultry raisers for the purpose of sale, resale or manufacture.
(b) "Broker" means any person engaged in the business of soliciting or negotiating the sale or exchange of live poultry on behalf of poultry raisers.
(c) "Agent" means any person buying, receiving, soliciting or negotiating the sale of live poultry from poultry raisers on behalf of any dealer or broker.
(d) "Department" means the State Department of Weights and Measures.
(e) "Weights and measures officer" means the State Superintendent of Weights and Measures or his assistants or inspectors, county superintendents of weights and measures or their assistants or inspectors, and municipal superintendents of weights and measures or their assistants and inspectors.
(f) "Person" means any individual, association, firm, partnership or corporation.
(g) "Poultry" means domestic fowl, such as chickens, turkeys, ducks, geese and guineas not sold for show or breeding purposes.
(h) "Poultry raiser" means any person engaged in the business of raising poultry or any legally incorporated agricultural co-operative association.
L.1942, c. 248, p. 669, s. 1.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-36 - Purchase by weight required

4:11-36. Purchase by weight required
All live poultry shall be bought by avoirdupois net weight and it shall be unlawful for any person to buy or receive or cause to be bought or received for the purpose of resale or manufacture, as dealer, broker, agent or otherwise, any poultry unless the same is weighed on suitable scales which have been tested and sealed by an authorized weights and measures officer; and the purchase of live poultry by the lot, the pen or by the flock is prohibited under the terms of this act; provided, however , that where special circumstances exist and are shown, the State superintendent or a county or municipal superintendent may, upon request, give approval to a sale of live poultry by the lot, pen or flock and such sale shall not come within the provisions of this act.
L.1942, c. 248, p. 670, s. 2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-37 - Weight tickets

4:11-37. Weight tickets
It shall be unlawful for any person to buy or receive or cause to be bought or received, as dealer, broker or agent, any live poultry unless at the time of purchase the seller or poultry raiser is given a weight ticket on a form to be furnished by the buyer on which is distinctly expressed the name and address of the buyer or dealer, the quantity of the poultry in terms of avoirdupois net weight, the number of units of the poultry, and where crates or other containers are used in connection with the purchase of said poultry, the number of crates and containers so used, together with the tare weight of such crates or containers; where a broker or agent is a party to or negotiates the sale or receipt of poultry his name and address shall also be distinctively expressed on the ticket. The ticket shall be made out in duplicate, one copy to be given to the seller or poultry raiser and the other to be retained by the buyer for a period of one year during which period it shall be subject at any time to inspection by a duly authorized weights and measures officer.
L.1942, c. 248, p. 670, s. 3.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-43 - Subpenas; issuance; failure to obey

4:11-43. Subpenas; issuance; failure to obey
The superintendent shall have the power to issue subpenas to compel production of any pertinent records, books or documents or the attendance of witnesses in any matter pertaining to his duties under this act and shall have the power to administer oaths in taking testimony. Subpenas shall be issued under the seal of the superintendent and shall be served in the same manner as subpenas issued out of any court of this State.
Upon the failure of any person to obey a subpena as aforesaid, the superintendent may apply to the Superior Court for appropriate relief.
L.1942, c. 248, p. 674, s. 9. Amended by L.1979, c. 307, s. 1, eff. Jan. 17, 1980.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-44 - Enforcement; rules and regulations

4:11-44. Enforcement; rules and regulations
The superintendent of the department shall have general supervision of the administration of this act and shall make such rules and regulations as he may deem necessary for its enforcement and all weights and measures officers in this State, in addition to their various powers and duties now provided for by law, are hereby charged with the duty of enforcing and executing the provisions of this act.
L.1942, c. 248, p. 674, s. 10.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-45 - Weight tickets for crates being transported; tags on crates; removal of poultry in transit

4:11-45. Weight tickets for crates being transported; tags on crates; removal of poultry in transit
Where crates or other containers containing live poultry as originally purchased by the buyer are transferred from one vehicle to another for the purpose of transportation, the weight ticket covering each crate or container so transferred shall accompany the same; each crate or container shall be marked by means of a tag firmly fixed or attached thereto with the name and address of the person from whom the poultry in such crate or container was bought.
It shall be unlawful for any dealer, broker or agent of such dealer or broker to transfer or cause the transfer of poultry from one crate or container to another before returning to a warehouse, established place of business or distribution point; provided, however, if part of the live poultry is sold before returning to any of the said locations it shall be lawful if at the time of sale, a sales slip or ticket is made out, in duplicate, showing his name and address, the name and address of the person to whom the poultry is sold, the number of units of poultry and the avoirdupois net weight of the same, together with identification of the crate or container from which the poultry was taken. The original copy of the sales ticket shall be given to the person buying the said poultry and the duplicate copy shall be retained by the seller for a period of one year and shall be subject at all times to inspection by a duly authorized weights and measures officer.
L.1942, c. 248, p. 674, s. 11.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-46 - Article inapplicable to certain associations, storekeepers, restaurants, etc.

4:11-46. Article inapplicable to certain associations, storekeepers, restaurants, etc.
The provisions of this act shall not apply to any legally incorporated agricultural co-operative association in dealings with its members, nor to storekeepers having not more than two stores where poultry is bought in small quantities and foods of all kinds are sold at retail, nor to any hotel, restaurant or establishment where poultry is bought for consumption on the premises.
L.1942, c. 248, p. 675, s. 12.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-47 - Fines; jurisdiction; process; arrest

4:11-47. Fines; jurisdiction; process; arrest
Any person who violates any of the provisions of this act, upon being found guilty, shall pay a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) for the first offense, nor less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) for the second offense, and not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00) for the third or subsequent offense; if unable to forthwith pay any fine the violator shall be committed to the county jail for a period not exceeding ninety days. Any fine shall be recovered in the manner specified in article 4 of chapter 1 of Title 51 of the Revised Statutes. Jurisdiction of all cases arising out of violations of the provisions of this act is hereby conferred upon the municipal courts in the municipality in which such violations are committed. In any proceeding process shall be the same as that provided for in said article, and any weights and measures officer shall have the power to arrest any violator without warrant where there is a violation within his view and conduct him to a court having jurisdiction in the municipality where the arrest is made or the violation committed.
L.1942, c. 248, p. 675, s. 13. Amended by L.1953, c. 5, p. 36, s. 27.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:11-49 - Partial invalidity

4:11-49. 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.1942, c. 248, p. 676, s. 16.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:12-1 - Definitions

4:12-1. Definitions
As used in this article:
"Secretary" means the Secretary of Agriculture.
"Station" or "milk gathering station" includes any established office when the business of buying milk or cream as provided for in this article, is carried on either with or without a place or premises in connection therewith for the physical handling of milk or cream, if such station or office is a suitable place for keeping such records and accounts and posting such notices and statements as are required or may be ordered under the provisions of this article, and for keeping for inspection, as hereinafter provided, a copy of the license under which the business is conducted.
"Dealer" means any person engaged in the business of buying or receiving milk or cream from a producer of this State for the purpose of shipping or for sale, resale or manufacture.
"Producer" means any person engaged in the business of producing milk or cream in this State and any agricultural co-operative association organized pursuant to the provisions of chapter 13 of this Title.
"Producer-Creditors," "Producers who have sold milk or cream," shall include any agricultural co-operative association which deals only with its members and is organized pursuant to the provisions of chapter 13 of this Title.
"Milk" means the lacteal secretion obtained from 1 or more cows or goats and includes fluid milk and cream.
Amended by L.1945, c. 295, s. 1, eff. May 3, 1945; L.1949, c. 249, p. 799, s. 1; L.1959, c. 81, p. 206, s. 1, eff. June 9, 1972.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:12-1.1 - Applicability of act

4:12-1.1. Applicability of act
The provisions of this act shall apply to licenses issued for the license year commencing July 1, 1959, and thereafter.
L.1959, c. 81, p. 207, s. 2, eff. June 9, 1959.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:12-2 - Licensing of dealers who buy for shipment, sale, resale or manufacture

4:12-2. Licensing of dealers who buy for shipment, sale, resale or manufacture
No person, unless exempted by the secretary as provided in this section, shall engage in or carry on the business of buying milk or cream in this state for shipment, sale, resale or manufacture, unless the business is regularly transacted or conducted at an office or station within the state and unless such person is duly licensed as provided in this article.
The secretary may, in his discretion, exempt from the provisions of this article any dealers who do not make purchases of milk or cream from more than two producers, or whose total monthly purchases do not exceed two hundred dollars.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:12-3 - Application for license

4:12-3. Application for license
A person before engaging in the business of buying milk or cream for the purposes specified in section 4:12-2 of this Title shall, annually on or before June first, file an application and ten dollars ($10.00) license fee with the secretary for a license to transact such business. The application shall state:
a. The nature of the business;
b. The full name of the applicant, and, if the applicant is a firm or association, the full name of each member thereof;
c. The municipality and street number at which the business is to be conducted; and
d. Such other facts as the secretary shall prescribe.
The applicant shall further satisfy the secretary of his character, financial responsibility and good faith in seeking to engage in such business.
Amended by L.1949, c. 249, p. 800, s. 2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:12-4 - Bond or deposit for protection of creditors.

4:12-4 Bond or deposit for protection of creditors.
4:12-4. A license shall not be issued unless and until the applicant shall file with the secretary a good and sufficient surety bond, executed by a surety company duly authorized to transact business in this State, in a sum not less than one and one-half times the estimated maximum monthly value of the milk or cream to be purchased or received or which may have been purchased or received by the applicant from a producer or producers during the preceding 12 months.
The bond shall be approved as to form and sufficiency by the secretary, shall be given to the secretary in the secretary's official capacity and shall be conditioned for the faithful compliance by the licensee with the provisions of this article and for the payment of all amounts due to producers who have sold milk or cream to the licensee, during the period that the license is in force.
The applicant may, in lieu of a bond, deposit with the secretary money, or transferable United States Treasury bonds, notes, certificates, bills or other obligations issued or fully and unconditionally guaranteed by the United States Government both as to principal and interest in transferable bearer form, in an amount equal to the sum secured by the bond required to be filed.
The money or securities so deposited shall constitute a separate fund and shall be held in trust for, and applied exclusively to, the payment of claims against the licensee making the deposit, arising from the sale of milk or cream to the licensee, and all proceeds from the surety bonds, money or securities shall be distributed to the producer-creditors by the secretary.
Amended 1949, c.249, s.3; 1971, c.83, s.1; 2004, c.13, s.2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:12-5 - Issuance of license

4:12-5. Issuance of license
The secretary shall, upon the compliance with sections 4:12-2 to 4:12-4 of this Title, issue to the applicant a license entitling him to conduct the business of buying milk and cream from producers for the purposes specified in section 4:12-2 of this Title, at an office or station at the place named in the application until July first next following. If application is made subsequent to July first in any year the license shall run until July first next following.
A license shall not be issued, however, to any applicant if, during the year preceding the application, a complaint from any producer and seller of milk and cream has been filed with the secretary against the applicant on any ground specified in section 4:12-17 of this Title, and such complaint has been established as true and just to the satisfaction of the secretary after such complaint has been investigated by him in the manner provided in sections 4:12-14 and 4:12-15 of this Title. This paragraph shall not apply to any complaint which has been adjusted to the satisfaction of the secretary.
Amended by L.1949, c. 249, p. 801, s. 4.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:12-6 - Posting copy of license

4:12-6. Posting copy of license
Every licensee who carries on or conducts business under his license shall post a copy of the license to be furnished by the secretary, in a conspicuous place in or at his place of business, and shall keep it so posted and exposed for inspection by any person who may properly make such inspection.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:12-7 - Filing of claims by creditors upon default by licensee

4:12-7. Filing of claims by creditors upon default by licensee
Upon default by the licensee in the payment of any money due for the purchase of milk or cream from producers of this state, which payment is secured by a bond or a deposit of money or securities as provided in section 4:12-4 of this title, the creditor may file a verified statement of his claim with the secretary upon a form prescribed by the latter.
If the creditor has reduced his claim to judgment, a transcript of the judgment shall also be filed with the secretary.
Such statements may be filed at any time during the period of the license for purchases made during such period and within ninety days from the termination of such period.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:12-8 - Proceedings by secretary to determine amount due each creditor

4:12-8. Proceedings by secretary to determine amount due each creditor
The secretary shall audit claims properly filed and determine the amounts due all such creditors.
After the expiration of ninety days from the termination of a license period or sooner if it appears practicable to do so, the secretary shall, by sale of the securities or by demand upon the surety secure an amount necessary to satisfy all claims properly filed. If the surety shall not make payment upon demand by the secretary, he shall by action recover from the surety the amount necessary to satisfy such claims, which sum shall not exceed the amount of the bond filed. Upon securing moneys available for the satisfaction of such claims in accordance with this section, the secretary shall make distribution to the claimants in accordance with the proofs filed, either ratably, or in full as the case may be.
If a creditor has reduced his claim to judgment, the judgment shall be presumptive proof of the amount due him.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:12-9 - Claims to which bonds, moneys or securities applicable

4:12-9. Claims to which bonds, moneys or securities applicable
Every bond given and all moneys or securities deposited pursuant to the provisions of this article shall be applicable to the payment of all claims arising during the license period for which such bond was filed, or moneys or securities deposited.
Claims not filed during the license period or within ninety days from the termination of the license period, shall not be received, acted upon or paid and shall not participate in the proceeds of any bond, moneys or securities deposited with the secretary.