reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:3-13 - Application for permit; contents; fee; discretion in granting or denying permit

4:3-13. Application for permit; contents; fee; discretion in granting or denying permit
Any person who desires to offer baby chicks for sale at any auction or auction sale barn or community sale, shall apply for a permit so to do to the secretary of agriculture on a form which shall be prescribed and furnished by him. The application shall be signed by the person who proposes to conduct such sale together with the person who owns the property in or on which such sale is to be conducted, if the person who proposes to conduct such sale does not own such property. The application shall designate the date of the proposed sale, the number and breed of the chicks which are to be offered for sale and the person by whom they were produced, and shall be accompanied by a fee in the sum of five dollars ($5.00) for each and every day or fraction thereof during or on which it is proposed to sell such baby chicks. The director of the Division of Animal Industry is hereby authorized in his discretion to grant or to deny the permit requested in such application, and, if deemed necessary or advisable, to require the applicant to submit a certificate, in such form as the secretary of agriculture may prescribe, certifying that the baby chicks which are to be offered for sale are in a healthy condition and free from such diseases as the secretary of agriculture may designate.
L.1938, c. 82, p. 200, s. 2. Amended by L.1950, c. 272, p. 926, s. 1.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:3-14 - Labeling of crates, coops, etc.

4:3-14. Labeling of crates, coops, etc.
Before any such chicks are offered for sale, or sold, each box, crate, coop or other container shall be plainly labeled with appropriate statements designating the kind and number of chicks in each such container, the date on which such chicks were hatched and by whom hatched, and any other representations made at or prior to the time of sale relative to the purity of the breed, the freedom of such chicks from disease, such as chick bronchitis, coccidiosis and official certification that tests have been made on the parent stock for pullorum disease and such flock is certified Pullorum-Clean.
L.1938, c. 82, p. 201, s. 3.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:3-15 - Statement to Secretary of Agriculture by person who conducted sale

4:3-15. Statement to Secretary of Agriculture by person who conducted sale
Within three days after the sale shall have been held, the person who conducted the sale shall send a statement to the Secretary of Agriculture giving a complete list of the number and kind of baby chicks sold at such sale, the name and address of each purchaser, together with a copy of the representations and guarantees made in relation thereto, if any were made by the person who conducted such sale, and the person conducting such sale shall be held to have had full knowledge of the representations and guarantees made at the time of such sale and shall be as fully responsible and liable for any such representations and guarantees as is the person who set forth such representations and guarantees on the containers as provided in section three of this act.
L.1938, c. 82, p. 201, s. 4.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:3-17 - Violation of act or regulations as misdemeanor

4:3-17. Violation of act or regulations as misdemeanor
Any person who violates any provision of this act, or the regulations made under this act for carrying out its provisions, or who fails or refuses to comply with or with intent to deceive, or who answers or reports falsely in response to any requirements of this act, or who willfully interferes with the Secretary of Agriculture, his employees or agents, in the carrying out of his duties prescribed in this act shall be guilty of a misdemeanor.
L.1938, c. 82, p. 201, s. 6.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:3-18 - Penalties; recovery; jurisdiction

4:3-18. Penalties; recovery; jurisdiction
7. Any person convicted of violating any of the provisions of this act shall for the first offense be liable to a penalty not exceeding twenty-five dollars ($25.00) and for any subsequent offense shall be liable to a penalty not exceeding fifty dollars ($50.00). A civil action for the recovery of a penalty for the violation of any of the provisions of this act may be instituted and the penalty recovered either in the Superior Court or before the municipal court of any municipality. Jurisdiction to hear and determine actions under this act is hereby conferred upon the said courts.
L.1938,c.82,s.7; amended 1953, c.5, s.3; 1991,c.91,s.156.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-20.2 - Enforcing official

4:4-20.2. Enforcing official
This act shall be administered by the Department of Agriculture of the State of New Jersey, hereinafter referred to as the "department."
L.1970, c. 338, s. 2, eff. Jan. 1, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-20.4 - Registration; fee

4:4-20.4 Registration; fee
4. a. Every person engaged in the manufacture of commercial feed or customer formula feed to be distributed in this State shall on January 1 of each year, or prior to manufacture or distribution of such feed, register each facility on a form furnished by the State Chemist, the application to be accompanied by a fee of $250.00. Upon approval by the State board, a copy of the registration shall be furnished to the applicant and displayed in or on the facility.
b. The State board is empowered to refuse registration of any facility not in compliance with the provisions of this act or to cancel the registration of any facility subsequently found not to be in compliance with any provision of this act, provided, however, that no registration shall be refused or canceled until the registrant shall have been given an opportunity to be heard before the secretary or his agent.
c. Before a commercial feed may be offered for sale which contains drugs, chemical additives or other ingredients which are potentially harmful to animals, the registrant may be required to submit evidence to show the safety of the feed when used according to the directions which the distributor furnished with the feed.
L.1970, c.338, s.4; amended 2002, c.34, s.2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-20.5 - Labeling

4:4-20.5. Labeling
A commercial feed shall be labeled as follows:
a. In case of a commercial feed, except a customer formula feed, it shall be accompanied by a label bearing the following information:
(1) The net weight or contents as provided by regulation.
(2) The product name and the brand name, if any, under which the commercial feed is distributed.
(3) The guaranteed analysis stated in such terms as the State board by regulation determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases, the substances or elements must be determinable by laboratory methods from generally recognized sources such as the methods published by the Association of Official Analytical Chemists.
(4) The common or usual name of each ingredient used in the manufacture of the commercial feed, provided that the State board by regulation may permit the use of a collective term for a group of ingredients which perform a similar function, or it may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if it finds that such statement is not required in the interest of consumers.
(5) The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
(6) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the State board may require by regulation as necessary for their safe and effective use.
(7) Such warning or caution statements as the State board by regulation determines are necessary for the safe and effective use of the commercial feed.
(8) The amount of any drug stated in an appropriate manner in a prominent place.
b. In the case of a customer formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:
(1) Name and address of the manufacturer.
(2) Name and address of the purchaser.
(3) Date of delivery.
(4) The product name and brand name, if any, and the net weight of the customer formula feed.
(5) Adequate directions for use for all customer formula feeds containing drugs and for such other feeds as the State board may require by regulation as necessary for their safe and effective use.
(6) Such warning or caution statements as the State board by regulation determines are necessary for the safe and effective use of the customer formula feed.
c. Label and nonquantitative listings of ingredients of formulae shall be submitted to the department upon request.
L.1970, c. 338, s. 5, eff. Jan. 1, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-20.6 - Misbranding

4:4-20.6. Misbranding
A commercial feed shall be deemed to be misbranded:
a. If its labeling is false or misleading in any particular.
b. If it is distributed under the name of another commercial feed.
c. If it is not labeled as required in section 5 of this act.
d. If it purports to contain or is represented as containing or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the State board.
e. If any word, statement, or other information required by or under authority of this act to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
L.1970, c. 338, s. 6, eff. Jan. 1, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-20.8 - Prohibited acts

4:4-20.8. Prohibited acts
The following acts are prohibited in the State of New Jersey:
a. The manufacture or distribution of any commercial feed that is adulterated or misbranded.
b. The adulteration or misbranding of any commercial feed.
c. The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of section 7 of this act.
d. The removal or disposal of a commercial feed in violation of an order under section 12 of this act.
e. The failure or refusal to register in accordance with section 4 of this act.
f. The violation of section 13f of this act.
g. Failure to pay inspection fees and file reports as required by section 9 of this act.
L.1970, c. 338, s. 8, eff. Jan. 1, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-20.9 - Inspection fees and reports

4:4-20.9 Inspection fees and reports
9. Inspection fees and reports. a. An inspection fee at the rate of $0.30 per ton shall be paid on commercial feeds distributed in this State by the person who distributes the commercial feed to the consumer subject to the following:
(1) No fee shall be paid on a commercial feed if the payment has been made by a previous distributor.
(2) No fee shall be paid on customer formula feeds if the inspection fee is paid on the commercial feeds which are used as ingredients therein.
(3) No fee shall be paid on commercial feeds which are used as ingredients for the manufacture of commercial feeds which are subject to the inspection fee. If the fee has already been paid, credit shall be given for such payment.
(4) In the case of a person who manufactures or distributes commercial feed in the State, a minimum annual fee of $250.00 shall be paid.
b. Each person who is liable for the payment of such fee shall:
(1) File, not later than January 31 of each year, a statement, setting forth the number of net tons of commercial feeds distributed in this State during the preceding calendar year; and upon filing such statement shall pay the inspection fee at the rate stated in subsection a.of this section. Inspection fees which are due and owing and have not been remitted to the department within 15 days following the due date shall have a penalty fee of 10% (minimum $10.00) added to the amount due when payment is finally made. The assessment of this penalty fee shall not prevent the department from taking other actions as provided in this act.
(2) Keep such records as may be necessary or required by the State board to indicate accurately the tonnage of commercial feed distributed in this State, and the department shall have the right to examine such records to verify statements of tonnage.
Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for the cancellation of all registrations on file for the distributor.
c. Fees imposed by, and fines collected for violations of this act, shall be deposited in the State Treasury.
L.1970,c.338,s.9; amended 1975, c.370; 2002, c.34, s.3.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-20.10 - Rules and regulations

4:4-20.10. Rules and regulations
a. The State board is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this act and such other reasonable rules and regulations as it may deem necessary and proper for the efficient administration of this act. In the interest of uniformity, the State board shall by regulation adopt, unless it determines that they are inconsistent with the provisions of this act or are not appropriate to conditions which exist in this State, the following:
(1) The definition of feed ingredients and feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization, and
(2) Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act (U.S.C. Title 21, Sec. 301, et seq.).
b. Before the adoption, amendment, or repeal of any rule or regulation authorized by this act, the State board shall comply with the requirements of the Administrative Procedure Act (P.L.1968, c. 410) (C. 52:14B-1 et seq.).
L.1970, c. 338, s. 10, eff. Jan. 1, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-20.12 - Detained commercial feeds

4:4-20.12. Detained commercial feeds
a. "Withdrawal from distribution" orders: When the State Chemist or his authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this act or any of the prescribed regulations under this act, he may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the State Chemist or the court. The State Chemist shall release the lot of commercial feed so withdrawn when said provisions and regulations have been complied with. If compliance is not obtained within 30 days, the State Chemist may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
b. "Condemnation and confiscation" : Any lot of commercial feed not in compliance with said provisions and regulations shall be subject to seizure on complaint of the secretary to a court of competent jurisdiction in the area in which said commercial feed is located. In the event the court finds the said commercial feed to be in violation of this act and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the State, provided, that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of said commercial feed or for permission to process or relabel said commercial feed to bring it into compliance with this act.
L.1970, c. 338, s. 12, eff. Jan. 1, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-20.14 - Cooperation with other entities

4:4-20.14. Cooperation with other entities
The secretary may cooperate with and enter into agreements with governmental agencies of this State, other states, agencies of the Federal Government, and private associations in order to carry out the purpose and provisions of this act.
L.1970, c. 338, s. 14, eff. Jan. 1, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-20.15 - Publication

4:4-20.15. Publication
The State Chemist shall publish at least annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the State as compared with the analyses guaranteed on the label, provided that the information concerning production and use of commercial feeds shall not disclose the operations of any person.
L.1970, c. 338, s. 15, eff. Jan. 1, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-20.16 - Constitutionality

4:4-20.16. Constitutionality
If any clause, sentence, paragraph, or part of this act shall for any reason be judged invalid by any court of competent jurisdiction, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered.
L.1970, c. 338, s. 16, eff. Jan. 1, 1971.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-21 - Attaching tags on feed bags by metal fasteners

4:4-21. Attaching tags on feed bags by metal fasteners
A person who shall sell within this state feed for live stock in bags, to which bags there is attached a tag or tags by means of wire or other metal fasteners, shall be guilty of a misdemeanor.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-22 - Pasteurization before delivery for feeding purposes

4:4-22. Pasteurization before delivery for feeding purposes
Every owner, operator or manager of a cheese factory, creamery, skimming station or other place where milk is received and the by-products distributed, shall, before returning to or delivering to any person any skim milk, whey, buttermilk, or other milk by-products to be used for feeding purposes for farm animals, cause such skim milk, whey, buttermilk, or other milk by-products to be thoroughly pasteurized by heating the same to one hundred forty-five degrees Fahrenheit and holding at that temperature for not less than thirty minutes, or to one hundred eighty-five degrees without holding. This section shall not apply to cheese factories or creameries that pasteurize the milk or cream prior to manufacture.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:4-23 - Penalty for violation

4:4-23. Penalty for violation
A person who shall violate any of the provisions of section 4:4-22 of this Title shall be liable to a penalty of not more than fifty dollars ($50.00) for a first offense and not more than one hundred dollars ($100.00) for each subsequent offense, to be sued for and recovered in a civil action by and in the name of the department. All penalties collected under this section shall be paid into the State treasury.
Amended by L.1953, c. 5, p. 27, s. 4.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-1 - Declaring epidemic; quarantine; serums; other preventive measures

4:5-1. Declaring epidemic; quarantine; serums; other preventive measures
The State Board of Agriculture may:
a. Determine the existence of contagious and infectious diseases in animals or poultry and declare the same to be epidemic;
b. Establish and enforce general or local quarantine;
c. Provide and distribute, with or without charge as it may determine, serums for the prevention and cure of such diseases in animals or poultry as in its judgment are capable of prevention or cure by such treatment;
d. Provide a service and co-operate with owners of livestock or local veterinarians to control or prevent the spread of mastitis or other contagious or infectious diseases that do not justify the measures specified in paragraphs a, b and c of this section, so that such diseases may not become a dangerous menace to other livestock or to human health.
These powers and duties are in addition to and not in limitation of any similar powers and duties conferred upon the board by the specific provisions appearing elsewhere in this title.
Amended by L.1942, c. 82, p. 325, s. 1.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-2 - Diseases not specifically designated

4:5-2. Diseases not specifically designated
All powers and duties conferred upon the board with reference to a specific contagious or infectious disease of animals or poultry, the board shall have and perform with reference to any other such disease not specifically referred to in this chapter but determined by the board to be a contagious or infectious disease of animals or poultry.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-2.1 - Rules, regulations relative to certain fees for animal health programs

4:5-2.1. Rules, regulations relative to certain fees for animal health programs
1. a. The State Board of Agriculture may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing a schedule in accordance with which the board may charge reasonable fees to defray the cost of:
(1) Animal disease diagnostic and testing services conducted pursuant to R.S.4:5-1 et seq.; and
(2) Animal health tests deemed necessary by the State Board of Agriculture.
b. Any fees established by the State Board of Agriculture pursuant to this section shall supersede all prior animal testing and diagnostic service fees on the date of the State Board of Agriculture's adoption of new fees pursuant to this section.
L.1997,c.363,s.1.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-2.2 - "Agriculture Fee Program Revolving Fund"

4:5-2.2. "Agriculture Fee Program Revolving Fund"
2. a. There is hereby created in the Department of Agriculture a non-lapsing revolving fund to be known as the "Agriculture Fee Program Revolving Fund," hereinafter referred to as the fund, to be held separate and apart from all other funds of the State. All fees collected pursuant to section 1 of this act shall be deposited into the fund and appropriated annually by the Legislature based on estimates provided annually by the Director of Budget and Accounting in the Office of Management and Budget. All moneys appropriated from the fund shall be dedicated to the support of the program for which they were collected. All earnings received from the investment or deposit of moneys in the fund shall be credited to the fund.
b. The Secretary of the Department of Agriculture may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of the provisions of this section.
L.1997,c.363,s.2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-3 - Penalty for violating orders of board

4:5-3. Penalty for violating orders of board
A person who shall violate or fail to comply with an order of the board, or its constituted agent, made pursuant to sections 4:5-1 and 4:5-2 of this title, shall be liable to a penalty of not less than fifty nor more than one hundred dollars for each violation or failure to comply, to be sued for and recovered by and in the name of the secretary of agriculture in the manner provided in article 2 of chapter 23 of this title (s. 4:23-11 et seq.).
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-4 - Notice to department by veterinarians and others of existence or appearance of disease

4:5-4. Notice to department by veterinarians and others of existence or appearance of disease
In case certain contagious or infectious diseases, which are designated by the Department of Agriculture as a particular and dangerous menace to the animal health of the State, shall appear or be suspected to exist in any locality, all veterinarians practicing in the State who shall gain knowledge of the existence or suspected existence of such disease, or any person who shall gain knowledge of the existence or suspected existence of such disease among animals owned by him or on premises owned or controlled by him, shall notify the Department of Agriculture of the facts within forty-eight hours.
Amended by L.1946, c. 247, p. 869, s. 1.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-5 - Failure to give notice; punishment

4:5-5. Failure to give notice; punishment
Any veterinarian practicing in the State, or any owner of animals or premises containing animals with infectious disease or suspected of infectious disease as described in section 4:5-4 who fails to notify the Department of Agriculture as required in 4:5-4 shall be punished by a fine of not less than ten dollars ($10.00), or more than one hundred dollars ($100.00).
Amended by L.1946, c. 247, p. 869, s. 2.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-6 - Quarantine of infected or exposed animals; regulations

4:5-6. Quarantine of infected or exposed animals; regulations
Upon receiving information that an infectious or contagious disease exists or is suspected to exist in any herd or in any locality, the department may investigate or cause an investigation to be made. If the department deems it to be advisable it may quarantine such animals, take such precautionary measures with relation to other animals exposed to the disease as shall be deemed necessary, and enforce such regulations in relation to the disease as it may adopt.
Amended by L.1946, c. 247, p. 870, s. 3.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-7 - Inoculation of herd exposed to disease

4:5-7. Inoculation of herd exposed to disease
When any herd or portion thereof is exposed to any contagious or infectious disease, and the department deems the disease likely to spread to that portion of the herd still unaffected, although isolated or quarantined, the department may, cause or allow the herd to be inoculated for the prevention of such diseases as can be thus mitigated. Loss resulting from such inoculation shall not constitute a claim against the State or the department. Inoculation for pleuropneumonia shall in no case be allowed without the consent of the department, and shall be made under its direction.
Amended by L.1946, c. 247, p. 870, s. 4.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-8 - Buying or selling affected or exposed animals a misdemeanor

4:5-8. Buying or selling affected or exposed animals a misdemeanor
A person who without a permit from the department shall knowingly buy or sell, or cause to be bought or sold, an animal which is a part of a herd or stock held in quarantine, shall be guilty of a misdemeanor, and punished by a fine of not more than two hundred dollars ($200.00), or imprisonment not exceeding one year, or both.
Amended by L.1946, c. 247, p. 870, s. 5.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-9 - Slaughter and burial of infected animals in certain cases

4:5-9. Slaughter and burial of infected animals in certain cases
Whenever in the judgment of the department it shall appear that the disease is not likely to yield to remedial treatment, or that the expense of such treatment will be greater than the value of the animals infected; and when in any case the disease is likely, in the judgment of the department, to be communicated to other animals, it may cause the animals infected to be slaughtered immediately and their remains to be buried at least four feet beneath the surface of the ground or it may cause the animal to be disposed of otherwise in accordance with instructions. The department may require that all places in which the same have been kept be thoroughly cleansed and disinfected.
Amended by L.1946, c. 247, p. 870, s. 6.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-10 - Appraisement of and compensation for animals slaughtered

4:5-10. Appraisement of and compensation for animals slaughtered
When animals are slaughtered or otherwise disposed of as directed in section 4:5-9 of this Title, the value of the same may, at the request of the department or any person interested, be ascertained and appraised by any authorized agent of the department, or in cases where an agreement between the agent and the owner cannot be reached, by three disinterested freeholders resident in this State, one chosen by the agent, one chosen by the owner and the third by the first two at the expense of the owner, who shall make and sign a certificate thereof in the presence of a witness who shall attest the same.
The appraisement shall be made on the basis of the market value of the animals to be slaughtered immediately prior to the time of the discovery of the infection.
Such appraisal and disposal shall be carried out under such rules and regulations as may be prescribed by the board, which may prescribe a maximum payment for any animal or animals, and may authorize the condemnation of an entire herd of animals and compensation therefor, even though all of the animals in the herd are not infected, where the secretary determines that an entire herd or flock needs to be slaughtered to control a disease or prevent its spread to other animals. The total amount receivable by the owner from the net proceeds of the sale of the animal, plus indemnity, if any, from the Federal Government, and plus the indemnity from the State, shall not, however, exceed the appraised value of the animal or animals. The board may promulgate rules and regulations to authorize payment for any disposal cost determined to be necessary.
Amended by L.1946, c. 247, p. 871, s. 7; L.1973, c. 47, s. 1, eff. March 2, 1973.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-11 - Disposal of dead or slaughtered animals; disposal for food a misdemeanor

4:5-11. Disposal of dead or slaughtered animals; disposal for food a misdemeanor
When, by reason of the locality of an infected animal or herd within a city, or by reason of frozen ground or extreme heat, it is, in the judgment of the department of agriculture, inexpedient or impossible to bury any such dead or slaughtered animal on the premises, the department may authorize any veterinarian acting for it to slash the skin and cut the flesh of the animal, and, either under his direct oversight, or that of a city board of health, or contractor for the disposal of dead carcasses, to give over the same to the use of a bone-boiling or glue or other establishment for the disposal of dead animals, but in no case shall the dead animal, or any part thereof, be disposed of for food, and any such disposal of the same shall make the party concerned guilty of a misdemeanor and punishable by a fine of not more than one hundred dollars, or imprisonment in the county jail for a period not exceeding six months.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-12 - Post-mortem examination of dead or slaughtered animals

4:5-12. Post-mortem examination of dead or slaughtered animals
If, between October first and May first of any year, a veterinarian who has been regularly graduated in veterinary medicine, desires to make a post-mortem examination of an animal he has attended or at the request of the owner of an animal that has died within the city limits, he may do so, if the examination is made within twenty hours of the death or slaughter of the animal.
In every such case he shall notify the city scavenger, or remover of carcasses of animals, of the hour of the examination, and the scavenger shall arrange to remove the carcass in not more than three hours after the beginning of the examination.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-13 - Authority of department

4:5-13. Authority of department
When a county, city, township or district is threatened with a contagious or infectious disease among animals, or poultry, to such an extent as to seem to require more general precautions, the department of agriculture may for such time as it shall deem necessary and proper, quarantine such county, city, township or district and prohibit the bringing of any animal or poultry, subject to such contagious or infectious disease, into such county, city, township or district, or the removal of any such animal, or poultry, out of or from one place to another within the county, city, township or district without inspection and a written permit signed by the department or its duly constituted agent or representative.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-16 - Transportation of animals within, into or from quarantined area

4:5-16. Transportation of animals within, into or from quarantined area
When a county, city, township, district, animal, herd of animals or poultry is quarantined pursuant to this article and public notice thereof is given as provided in section 4:5-14 of this title, no owner, keeper or other person shall drive or transport, or permit to be driven or transported, into, out of, or from one place to another within such county, city, township, district or place of quarantine, any animal of the kind named in the quarantine, or visit any animal, herd of animals or poultry so quarantined without a written permit signed by the department or its constituted agent or representative.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-17 - Penalty

4:5-17. Penalty
A person who shall violate any of the provisions of section 4:5-16 of this title shall for a first offense be liable to a penalty of not less than one hundred nor more than two hundred dollars, and shall for each subsequent offense be liable to a penalty of two hundred dollars or to imprisonment for not more than one year, or both.
The penalty shall be sued for and recovered and the imprisonment imposed in an action to be brought by and in the name of the secretary of agriculture in the manner provided in article 2 of chapter 23 of this title (s. 4:23-11 et seq.).
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-18 - Terms defined

4:5-18. Terms defined
As used in this article:
"Auction market" is an establishment regularly engaged in the sale by auction of live stock for dairy, breeding or slaughtering purposes.
"Department" means the Department of Agriculture.
"General quarantine" includes all quarantines not included under the term "special quarantine" as herein defined.
"Official test" includes all tuberculin tests made under the supervision of or authorization from the department.
"Owner" includes a person, firm, copartnership, association or corporation owning or leasing cattle from another.
"Premises" includes a part or portion of land or a structure erected on land and a vehicle or vessel used in the transportation of passengers, goods or cattle.
"Private test" includes all tuberculin tests other than official tests and shall be made at the owner's expense.
"Public stockyard" includes all stockyards where trading in live stock is carried on, where yarding, feeding and watering facilities are provided by the stockyard, transportation or similar company and where Federal or State inspection is maintained for the inspection of live stock for communicable diseases.
"Quarantine" means to hold in segregation because of the presence or suspected presence of a contagious or infectious disease and shall be construed as either special quarantine or general quarantine as applicable to existing conditions.
"Reactor" applies to cattle reacting to a tuberculin test or tests, either official or private, conducted to determine the existence of tuberculosis.
"Special quarantine" means a quarantine of a single animal, building, structure, pen, car, vessel, vehicle, field or inclosure or a quarantine of any number of animals when confined or contained in the same building, structure, pen, car, vessel, vehicle, field or inclosure.
"Suspicious" applies to cattle tested to determine the presence of tuberculosis and not giving a reaction sufficient to justify condemnation.
"Tuberculin test" includes any method of testing for the detection of tuberculosis by tuberculin or any other method of testing for detection of tuberculosis.
Amended by L.1946, c. 247, p. 872, s. 8.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-19 - Tests at instance of department of agriculture, health department or owner

4:5-19. Tests at instance of department of agriculture, health department or owner
Whenever the Department of Agriculture deems it advisable, or when the Department of Health or the owner of dairy or breeding animals shall request the Department of Agriculture to cause an inspection to be made of any animals which may be diseased with tuberculosis, the Department of Agriculture may designate a veterinarian to make the inspection and, if deemed advisable by the Department of Agriculture, to conduct a tuberculin test of the animals in accordance with the methods prescribed by it.
Amended by L.1946, c. 247, p. 873, s. 9.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-20 - Expense of inspection and tests

4:5-20. Expense of inspection and tests
If the owner of such animals shall agree to comply with and carry out the regulations of the Department of Agriculture relating to the removal from the herd and quarantine and disposal of condemned animals, the disinfection of the premises and the introduction into the herd of other animals, the expense of the inspection and tests shall be borne by the department.
L.1946, c. 247, p. 873, s. 10.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-21 - Quarantine and slaughter of condemned animals

4:5-21. Quarantine and slaughter of condemned animals
All cattle reacting to an official or authorized private tuberculin test or declared tuberculous as the result of an authorized physical examination or other method of determining tuberculosis approved by the Department of Agriculture, shall not be again presented for a tuberculin test but shall be immediately segregated, quarantined and held at the owner's expense until the department issues a written order to move the cattle, which removal shall be done immediately at the owner's expense, to designated slaughtering centers. The cattle shall be slaughtered at the time and place specified in the written order under the supervision of an authorized veterinarian approved by the department who shall judge the carcass for evidence of tuberculosis and as to fitness for food and file a report on the same within five days.
No person shall sell, offer for sale, give away or otherwise dispose of or purchase any cattle that have been classed as reactors, declared tuberculous or suspicious of being tuberculous either on official or private test, or shall remove any cattle from any herd that has been quarantined except on the written order issued by the department.
Amended by L.1946, c. 247, p. 873, s. 11.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-22 - Time and supervision of slaughter

4:5-22. Time and supervision of slaughter
No indemnity shall be paid for reacting animals unless slaughtered within thirty days of date of appraisal and in accordance with section 4:5-21.
Amended by L.1946, c. 247, p. 874, s. 12.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-23 - Agreements respecting valuation of condemned animals

4:5-23. Agreements respecting valuation of condemned animals
The veterinarian making an official tuberculin test, or any authorized agent of the department may make an agreement with the owner as to the valuation of the animal condemned, based on its market value for dairy, breeding or beef purposes immediately prior to the time of discovery of the infection or the owner of the animal condemned may agree that the value of the animal be determined by appraisement by the department as provided in section 4:5-24 or 4:5-25 of this Title.
In the case of any purebred animal, the owner at the time of appraisal shall furnish the certificate of registration or he shall furnish evidence that he has made application for same. In no case shall indemnity be paid on a purebred basis until the certificate of registration has been received and approved by the department.
The owner of any condemned animal not eligible for indemnity shall receive only the net proceeds of the sale of the meat, hide and other marketable parts of the animal; provided , the same shall have been inspected by an approved inspector, who must be a veterinarian, in the event of which agreement the owner shall have no further claim against the State.
Amended by L.1946, c. 247, p. 874, s. 13.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-24 - Appraisement prior to testing

4:5-24. Appraisement prior to testing
Immediately before commencing the test, if it is deemed advisable by the department, an appraisement may be made by the owner and an authorized agent or representative of the department of the market value of the animals as of the day of appraisement, and in case the animals so appraised react to such official tuberculin test the amount of the appraisement as agreed upon prior to tuberculin testing shall be official and shall be accepted by the owner and the department.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-25 - Appraisement where no agreement reached

4:5-25. Appraisement where no agreement reached
In all cases where no agreement can be reached, there shall be appointed three competent and disinterested freeholders, one by the department, one by the owner, and the third by the first two at the expense of the owner, who shall ascertain and decide upon the appraised value of each animal condemned, and shall sign a certificate of such value in the presence of a witness who shall attest the same, and such valuation shall in each case be made upon the market value of the animal for breeding, dairy or beef purposes on the day of appraisement.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-26 - Report of salvage or proceeds of slaughtered animal

4:5-26. Report of salvage or proceeds of slaughtered animal
The salvage is the net amount received from the sale of the animal or animals, and a report of such sale shall be made on blanks furnished for that purpose by the department, signed by the purchaser or his agent, and in no case shall the owner receive compensation from the state if the statement prove false. Delivery and slaughtering charges may be deducted, but any charges for holding the animal pending slaughter shall not be deducted and any such charges will not be paid by the state.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-27 - Indemnity receivable by owner of slaughtered animal

4:5-27. Indemnity receivable by owner of slaughtered animal
For each bovine animal so killed to prevent the spread of tuberculosis, the owner shall receive the net proceeds of the sale of the animal and in addition thereto shall, subject to the provisions of
R.S. 4:5-10, be paid an indemnity based on the market value of the animal or animals to be slaughtered immediately prior to the time of the discovery of the infection, subject to the rules and regulations promulgated by the board.
Amended by L.1973, c. 47, s. 2, eff. March 2, 1973.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-28 - Indemnity, conditions

4:5-28. Indemnity, conditions
In order for animals imported into New Jersey to be eligible for appraisement and indemnity the following conditions must be satisfied:
a. The animal shall at the time of entry be accompanied by a tuberculin test chart showing compliance with the New Jersey State Board of Agriculture regulations governing the interstate movement of cattle; except that cattle imported from specific areas designated by the Board of Agriculture as provided in section 4:5-54 of this Title need not comply with this paragraph.
b. The animal shall at the time of entry be accompanied by a health chart approved by the chief regulatory official of the point of origin stating that the herd from which it came was fully accredited, or a negative herd in a modified accredited area and was not under quarantine for any infectious disease, tuberculosis included, and that all the animals in the herd in which the animal originated had on the last tuberculin test conducted under official supervision passed without evidence of reaction; except that cattle imported from specific areas designated by the Board of Agriculture as provided in section 4:5-54 of this Title need not comply with this paragraph.
c. The owner of the animal shall furnish, upon request, proof that it has been owned and maintained within the State of New Jersey for a period of sixty days prior to the time of being declared tuberculous.
d. The animal shall have passed an authorized tuberculin test after entry into New Jersey.
Amended by L.1938, c. 265, p. 586, s. 1; L.1946, c. 247, p. 875, s. 14; L.1947, c. 207, p. 867, s. 1.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-29 - Payment of indemnity

4:5-29. Payment of indemnity
Upon presentation of the appraisement certificate to the State Comptroller, with the approval of the department indorsed thereon, the owner shall be entitled to receive from the State treasury the sum due from the State of New Jersey fixed by this article.
Amended by L.1946, c. 247, p. 875, s. 15.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-30 - Priority of payment to certain owners

4:5-30. Priority of payment to certain owners
In compensating the owners of cattle condemned and slaughtered under this article, the department or such board, bureau or other agency as may be charged with such duty, shall give priority to owners with whom agreements for compensation were made before the date on which an appropriation for such purpose became available.
An appropriation made for such purpose after April fourteenth, one thousand nine hundred and thirty, shall be deemed to be made in accordance with this section.
2023 New Jersey Revised Statutes › Title 4 - Agriculture and Domestic Animals › Section 4:5-31 - Marking affected animals

4:5-31. Marking affected animals
Any bovine animal affected with advanced or generalized tuberculosis or with tuberculosis of the udder or which has reacted to the tuberculin test shall be plainly and permanently marked by any member or duly authorized agent or representative of the department, and such marking shall not be construed as cruelty to animals within the meaning of any law of this state.