reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 8 - HUMANE TREATMENT OF DOMESTIC LIVESTOCK › Subchapter 7 - STANDARDS FOR SWINE › Section 2:8-7.6 - Care and treatment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Sick or injured swine must be promptly treated or humanely euthanized.
1. The NJDA adopts and incorporates by reference the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) Guidelines on Euthanasia (June 2007), available at
http://www.avma.org/issues/animal_welfare/euthanasia.pdf
.
2. Non-ambulatory disabled swine and other animals unable to move, as defined in 9 C.F.R. §
											313.1(c) and §
										313.2(d):
i. Shall be separated from normal ambulatory swine, both while being held and during transport, so that the normal ambulatory swine do not injure the disabled swine;
ii. Shall not be dragged while conscious, except when necessary to provide life-saving treatment, although swine in a state equivalent with one of surgical anesthesia may be dragged;
iii. All disabled swine must be moved as safely as possible, in order to minimize injury to the animal and handler;
iv. Shall be provided with appropriate medical care, if they can reasonably be expected to survive and the owner chooses to attempt treatment;
v. Shall be handled humanely at all times even if they are to be slaughtered or euthanized, so as not to cause unnecessary pain and injury, and disposed of properly; and
vi. Shall not be transported to a livestock market.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 8 - HUMANE TREATMENT OF DOMESTIC LIVESTOCK › Subchapter 7 - STANDARDS FOR SWINE › Section 2:8-7.7 - Exceptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Exceptions to the standards set forth in this subchapter may be made for swine provided the practices meet one or more of the following conditions:
1. Swine are under the direct care of a veterinarian who can provide a medically supportable written explanation for the conditions.
2. Swine are confined in a vehicle or vessel for up to 28 consecutive hours without unloading for feeding and watering in accordance with 49 U.S.C. §
											80502.
i. For purposes of determining this period of confinement, time spent in loading and unloading is not included.
3. Swine may be confined in holding cages or pens where feed may be withheld for up to 24 hours in accordance with 9 C.F.R. §
											313.2.
i. For purposes of determining this period of confinement, time spent in a vehicle or vessel shall not be included.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 8 - HUMANE TREATMENT OF DOMESTIC LIVESTOCK › Subchapter 8 - THE INVESTIGATION AND ENFORCEMENT OF ALLEGED VIOLATIONS OF HUMANE STANDARDS › Section 2:8-8.1 - General

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to establish procedural rules governing the investigation of complaints alleging the cruel and inhumane treatment of domestic livestock, and the commencement of actions for enforcement of the standards for the humane care and treatment of domestic livestock set forth in N.J.A.C. 2:8-2 through 7 (hereinafter referred to as "standards").
(b) No investigations or enforcement actions pursuant to 4:22-15 et seq., pertaining to the cruel or inhumane raising, keeping, care, treatment, marketing, and sale of domestic livestock in violation of these standards, shall be instituted or conducted except in accordance with the rules set forth in this subchapter.
1. Any interested party may request training on how to interpret these rules.
i. Training will be jointly prepared and conducted by the NJDA and Rutgers School of Environmental and Biological Sciences, New Jersey Agricultural Experiment Station.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 8 - HUMANE TREATMENT OF DOMESTIC LIVESTOCK › Subchapter 8 - THE INVESTIGATION AND ENFORCEMENT OF ALLEGED VIOLATIONS OF HUMANE STANDARDS › Section 2:8-8.2 - Identification and prohibition of cruel or inhumane treatment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The cruel or inhumane treatment of domestic livestock is prohibited.
(b) Any owner or person who owns or controls a facility or property that houses domestic livestock, or who has custody of, direction over or authority to control domestic livestock, who fails to provide care for or to treat such domestic livestock in a manner that meets the standards for the humane keeping, care, treatment, marketing and sale of domestic livestock as established in N.J.A.C. 2:8-2 through 7, shall be deemed to be cruel and inhumane in the care of these animals, except when experiencing extraordinary or catastrophic conditions, or as otherwise provided by these rules.
(c) There shall be a presumption that the raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards adopted at N.J.A.C. 2:8-2 through 7 does not constitute cruelty to, or inhumane care or treatment of, domestic livestock, as prohibited by 4:22-15 et seq.
(d) Nothing in these rules shall prohibit the slaughter of domestic livestock in accordance with 9 C.F.R. § 313.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 8 - HUMANE TREATMENT OF DOMESTIC LIVESTOCK › Subchapter 8 - THE INVESTIGATION AND ENFORCEMENT OF ALLEGED VIOLATIONS OF HUMANE STANDARDS › Section 2:8-8.3 - Complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Complaints or allegations of animal cruelty concerning domestic livestock may be made by any person including, but not limited to, CLI, officers of the SPCA, Animal Control Officers, other local or State authorities, or private individuals.
(b) The complaints shall be submitted in writing or by phone, fax or e-mail to the NJDA, the NJSPCA, county SPCAs or other State or local government authority.
(c) Complaints may be mailed to the State Veterinarian, New Jersey Department of Agriculture, Division of Animal Health, PO Box 330, Trenton, NJ 08625, faxed to the State Veterinarian at 609-777-8395, or emailed to the State Veterinarian at
mailto:State.Veterinarian@ag.state.nj.us
.
(d) Complaints must identify as completely as possible:
1. The date of the observed acts;
2. An identification of any unique characteristics of the domestic livestock that will enable the animal(s) in question to be distinguished from other domestic livestock;
3. The location of the domestic livestock at the time of the incident and current location if different; and
4. A specific description of the nature of the alleged acts of cruelty or inhumane treatment.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 8 - HUMANE TREATMENT OF DOMESTIC LIVESTOCK › Subchapter 8 - THE INVESTIGATION AND ENFORCEMENT OF ALLEGED VIOLATIONS OF HUMANE STANDARDS › Section 2:8-8.4 - Certification and role of a certified livestock inspector (CLI)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules set forth in this subsection are only applicable to investigations conducted by or on behalf of the Department of Agriculture.
(b) If the State veterinarian concludes that a complaint is credible and identifies adequate cause to believe that a violation of the standards may have occurred, he or she shall assign a CLI to the case.
1. The NJSPCA, county SPCAs and other State or local governmental authority may request that the State veterinarian assign a CLI to investigate a complaint.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 8 - HUMANE TREATMENT OF DOMESTIC LIVESTOCK › Subchapter 8 - THE INVESTIGATION AND ENFORCEMENT OF ALLEGED VIOLATIONS OF HUMANE STANDARDS › Section 2:8-8.5 - Procedures for obtaining inspection of premises and records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any investigating authority shall make reasonable efforts to contact each person having custody of or responsibility for any domestic livestock, or the manager of any show, exhibition, sale, auction, slaughter house or other facility which keeps or holds domestic livestock, in order to obtain consent for the inspection of any animal, or of any records pertinent to the alleged violation.
(b) If the investigating authority is unable to obtain consent for an adequate and timely inspection as provided in (a) above, he or she shall make an application to a court having jurisdiction over violations of these rules for a warrant to enter and search buildings or places wherein it is reasonably believed that such law or regulation is being violated.
(c) The biosecurity protocols set forth in 2:8-8.1 must be followed during each investigation on all livestock premises.
(d) If the inspecting authority determines that animals' lives are in imminent peril; that it would be fruitless to pursue a request for a voluntary inspection; that there is a possibility that the animals will be moved if advance notice is given; or that a consensual inspection otherwise is not practical, it shall not be necessary to make efforts to arrange for voluntary access to premises and inspection of animals or records before seeking a warrant.
(e) For the purpose of examination, testing, or taking of evidence, the investigating authority may recommend that the State Veterinarian quarantine the domestic livestock, where there is probable cause to believe they are being treated cruelly, to any premises on which they are located, including, but not limited to, a show, exhibition, sale or auction.
1. Such detained animals must be marked for identification and such identifying markings shall not be removed by any person other than a representative or agent of the Department of Agriculture.
i. Animals under quarantine shall only be moved with the authorization of the State Veterinarian.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 8 - HUMANE TREATMENT OF DOMESTIC LIVESTOCK › Subchapter 8 - THE INVESTIGATION AND ENFORCEMENT OF ALLEGED VIOLATIONS OF HUMANE STANDARDS › Section 2:8-8.6 - Records of the complaint and inspection required and disposition thereof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completing the inspection, the investigating authority shall provide the State veterinarian with the results of the inspection. This may be done by phone, e-mail, fax or in writing.
1. Results shall be provided within 24 hours of the completion of the inspection for violations considered to be "severe."
2. Results shall be provided within two business days of the completion of the inspection for all other violations.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 8 - HUMANE TREATMENT OF DOMESTIC LIVESTOCK › Subchapter 8 - THE INVESTIGATION AND ENFORCEMENT OF ALLEGED VIOLATIONS OF HUMANE STANDARDS › Section 2:8-8.7 - Actions on violations or other acts of cruelty

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following apply to minor violations:
1. Where the State veterinarian, NJSPCA, county SPCAs, or other State or local government authority determines that the person who has custody of, or is responsible for, and/or is the owner of the domestic livestock has committed a minor violation of this chapter, that official or authority shall:
i. Inform the person having immediate custody of or responsibility for the domestic livestock in a written warning of the provisions violated;
(1) The initial notification may be in person, by telephone, fax, or email.
(2) If the initial notice is not in writing, the investigating authority shall, within 24 hours of the finding that the minor violation has occurred, serve on the person or mail to the person's last known address, a written notification of the findings of the inspection, of the standard of statutes violated or other acts of cruelty.
(3) Either of these notifications, if in writing, shall constitute the written warning of the offense in those cases where required by 4:22-16.1.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 1 - INDEMNIFICATION › Section 2:9-1.1 - Indemnities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The handling and disposition of any and all poultry, poultry products or equipment, which is in the opinion of the Department of Agriculture likely to spread or harbor Avian Influenza shall be dealt with in accordance to the directives of the Division of Animal Health of the New Jersey Department of Agriculture.
(b) Indemnity shall be paid for any bird destroyed pursuant to an order of the Department, subject to availability of funds. Appraisal value for all birds will be determined by either Animal and Plant Health Inspection Service (APHIS)-developed valuation lists or by APHIS Appraisal-Indemnity-Compensation Specialist (AICS).
(c) No indemnity shall be paid for any actions not taken pursuant to a directive of the Department, or in contradiction of a directive of the Department.
(d) Subsections (a) through (c) above shall not apply to premises quarantined pursuant to this chapter for infection with Avian Influenza more than twice within the registration year.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 1 - INDEMNIFICATION › Section 2:9-1.2 - Disposal costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The disposal costs of any birds destroyed pursuant to a directive of or by the Department shall be paid, subject to the availability of funds, as follows:
1. Should the owner undertake to dispose of the birds pursuant to the directives of the Department, the owner shall submit the disposal bill to the Department. If the Department finds the bill reasonable, the Department shall reimburse the bill, or such costs as the Department deems reasonable.
2. No disposal undertaken without Department supervision, or in contradiction to the directives of the Department, shall be paid.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 2 - GENERAL PROVISIONS › Section 2:9-2.2 - Registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Live bird markets, poultry distributors, and production/supplier flocks that conduct business in the State of New Jersey must register annually with the NJDA and must comply with the requirements of N.J.A.C. 2:3 and this chapter, as evidenced by no pending violations or unsatisfied penalties. The registration year shall begin September 1 and end August 31. Production/supplier flocks that conduct business within New Jersey but are located in another state/country shall be exempt from registering with the NJDA if:
1. Their premises has been assigned a national premises identification number from the country of origin where the poultry originate;
2. The premises identification number has been registered with the state/country in which the premises is located; and
3. Proof of registration is provided to an authorized agent of the NJDA.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 3 - LIVE BIRD MARKETS › Section 2:9-3.1 - Movement of poultry into live bird markets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only poultry distributors who have met the requirements of 2:9-2.2 and 4.1 may move live poultry into New Jersey live bird markets that have met the requirements of 2:9-2.2. All poultry moving into a live bird market must be accompanied by a poultry invoice.
(b) Live bird markets are responsible for obtaining poultry invoices for all birds at the time of their receipt. If poultry invoices are not available, the birds must not enter the live bird market.
(c) All poultry invoices must be maintained at the live bird market for a minimum of 12 months from the date of entry into the market and must be presented upon demand by any authorized agent of the NJDA.
(d) All poultry entering a live bird market shall be slaughtered within 10 days of entering the market.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 3 - LIVE BIRD MARKETS › Section 2:9-3.2 - Live bird market sanitation and biosecurity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Live bird markets shall develop and adhere to a biosecurity protocol that is approved by the NJDA pursuant to 2:9-2.2(b)7. All biosecurity protocols shall include, at minimum, quarterly closure of the market with complete sanitation, cleaning, disinfection and at least 24 hours of downtime after disinfectant is applied. The market must be inspected, tested and approved by an authorized agent of the NJDA before it will be allowed to reopen. The market will be approved for reopening when the market has been sanitized, cleaned, disinfected and retested in accordance with biosecurity protocols approved pursuant to 2:9-2.2(b)7.
(b) All locations on the premises that are used to house poultry, livestock and all associated conveyances, equipment and supplies, must be of a material that can be routinely cleaned and disinfected in accordance with the NJDA approved biosecurity protocol on a year-round basis.
(c) Poultry shall be housed separate and apart from swine in accordance with the NJDA-approved biosecurity protocol to minimize disease transmission between these species.
(d) Only animals for sale and slaughter shall be kept in areas where poultry are housed.
(e) No person shall permit live poultry to leave the live bird market.
(f) Live poultry shall not be moved from one live bird market to another, or to any other location.
(g) Each live bird market shall maintain an effective and safe pest control program that minimizes or eliminates the presence of rodents, flies, roaches, and other insects and vermin. The premises shall be kept in such condition as to prevent the breeding, harborage, or feeding of these pests.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 3 - LIVE BIRD MARKETS › Section 2:9-3.3 - Live bird market surveillance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Live bird markets shall be required to undergo at minimum monthly inspections for compliance with this chapter and quarterly testing.
(b) Premises suspected or confirmed positive of infection with avian influenza shall be quarantined by the NJDA, pursuant to N.J.A.C. 2:5-4. Premises under quarantine must comply with the following:
1. All premises shall dispose of its poultry population. Market personnel shall immediately depopulate all poultry, pigeons and doves in the market, or at the discretion of the State Veterinarian, may be given up to five days to sell down poultry. No new poultry or animal deliveries may be accepted once the premises have been placed under quarantine. At the close of business on the fifth day, any poultry and/or pigeons and doves remaining, shall be depopulated by market personnel;
2. All other livestock must be removed from the market, and placed into temporary holding pens on the premises in accordance with N.J.A.C. 2:8, Humane Treatment of Domestic Livestock, while the entire market is cleaned, disinfected and allowed to dry, or moved directly into a USDA recognized slaughter establishment by permit issued by the NJDA;
3. Once emptied of birds and livestock, the premises must be cleaned of all organic material, then disinfectant shall be applied. All areas where poultry and livestock were housed shall be cleaned and disinfected. An authorized agent of the NJDA will determine if the cleaning and disinfection is satisfactory; and
4. The premises must remain empty of poultry and livestock for a minimum of 24 hours after disinfectant is applied. The premises must be retested and approval must be obtained from an authorized agent of the NJDA before it will be released from quarantine.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 4 - POULTRY DISTRIBUTORS › Section 2:9-4.1 - Testing requirements for poultry distributors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Poultry distributors may only conduct business with live bird markets, poultry distributors, and production/supplier flocks who have met the requirements of 2:9-2.2. A poultry distributor must obtain a completed poultry invoice and either a completed poultry inspection certificate or a certificate of veterinary inspection from the production/supplier flock for all poultry intended for movement into a New Jersey live bird market, qualified poultry auction, and poultry distributor.
(b) The poultry invoice and poultry inspection certificate or certificate of veterinary inspection required in (a) above shall remain in the possession of the poultry distributor and a new poultry invoice shall accompany all poultry delivered to live bird markets. If poultry are sold or transferred from one poultry distributor to another, a copy of the poultry inspection certificate or certificate of veterinary inspection and a new poultry invoice must accompany each transaction.
(c) The State of New Jersey adopts as the official laboratory tests of the avian influenza program Part IV of USDAs Prevention and Control of H5 and H7 Low Pathogenicity Avian Influenza in the Live Bird Marketing System Uniform Standards for a State-Federal-Industry Cooperative Program, effective October 20, 2004, incorporated herein by reference, as amended and supplemented. A copy of this document is on file in the State Veterinarians Office, Division of Animal Health, New Jersey Department of Agriculture, NJPHEAL, 3 Schwartzkopf Drive, Ewing, NJ 08628 or online at
http://www.aphis.usda.gov/newsroom/hot_issues/avian_influenza/contents/printable_version/uniform_standards.pdf
.
(d) Poultry less than seven days of age are exempt from testing requirements if:
1. The poultry originated and moved directly from a monitored or tested breeding flock; and
2. The poultry are accompanied by a poultry inspection certificate or certificate of veterinary inspection.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 4 - POULTRY DISTRIBUTORS › Section 2:9-4.2 - Poultry distributor sanitation and biosecurity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All poultry distributors shall develop and adhere to an NJDA approved biosecurity protocol. All biosecurity protocols submitted pursuant to 2:9-2.2(b)7, at a minimum, must include the following:
1. Cleaning, sanitation and disinfection to prevent transmission of Avian Influenza virus from one premises to another;
2. All non-disposable footwear shall be disinfected before entering and after leaving any premises containing poultry;
3. All disposable footwear shall be discarded after each visit to any premises containing poultry;
4. All poultry distributor personnel shall wash their hands prior to and between each entry of a premises containing live poultry;
5. Cabs (interior and exterior), tires and bodies of all conveyances shall be cleaned and disinfected to prevent transmission of the Avian Influenza virus from one premises to another; and
6. Coops, crates, flats, cages or other conveyances and other equipment shall be cleaned and disinfected prior to reuse when moving live poultry, using NJDA-approved washing equipment and protocols.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 4 - POULTRY DISTRIBUTORS › Section 2:9-4.3 - Poultry distributor surveillance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Poultry distributors including all premises, conveyances, crates and birds will be inspected for compliance with this chapter and tested at least quarterly for evidence of avian influenza virus. Any registered poultry distributor located outside the State shall be subject to quarterly inspection and testing by authorized agents of USDA-APHIS-VS or agents of the state in which the registrant premises is located on behalf of the NJDA.
(b) Poultry distributor facilities that test positive for avian influenza virus shall be quarantined according to N.J.A.C. 2:5-4 and shall remain under quarantine until an authorized agent of the NJDA is satisfied that the risk of disease exposure no longer exists. Premises under quarantine must comply with the following:
1. All premises shall be quarantined according to N.J.A.C. 2:5-4 and will be required to depopulate all poultry, including pigeons and doves, and undergo cleaning and disinfection. The premises shall be retested and approved by an authorized agent of the NJDA before it will be released from quarantine. A negative environmental test result is required before restocking;
2. All other livestock must be removed from any area where the poultry were housed or stored while the entire poultry area is cleaned, disinfected and allowed to dry. Livestock must be placed into temporary holding pens on the premises in accordance with N.J.A.C. 2:8, Humane Treatment of Domestic Livestock, or moved directly into a USDA recognized slaughter establishment pursuant to conditions established by NJDA;
3. Once emptied of birds and livestock, all areas where poultry were housed or stored must be cleaned of all organic material, then disinfectant shall be applied. An authorized agent of the NJDA will determine if the cleaning and disinfection is satisfactory; and
4. The premises must remain empty of poultry and livestock for a minimum of 24 hours after disinfectant is applied. Any disinfectant and/or cleaning solution applied to the premises must be allowed to thoroughly dry before restocking with poultry or livestock. The poultry distributor premises must be inspected, tested and approved by an authorized agent of the NJDA before it will be allowed to restock.
5. At the discretion of the State Veterinarian, under special circumstances poultry distributors may be exempted from depopulation if they are determined to be low risk for disease transmission. In such cases, the State Veterinarian will approve and implement a special quarantine release protocol. Under this protocol, the poultry distributor premises will be quarantined until tested negative and the quarantine is lifted by the State of New Jersey.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 5 - PRODUCTION/SUPPLIER FLOCKS › Section 2:9-5.1 - Production/supplier flocks

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Production/supplier flocks may only conduct business with live bird markets, poultry distributors, and production/supplier flocks who have met the requirements of 2:9-2.2.
(b) A completed poultry invoice and either a completed poultry inspection certificate or a certificate of veterinary inspection must accompany all poultry intended for movement through a poultry distributor or into a production/supplier flock.
(c) Birds from production/supplier flocks may not be moved directly to live bird markets unless the flock owner or manager is also registered as a poultry distributor pursuant to 2:9-2.2, with the necessary NJDA-approved biosecurity protocols and equipment to ensure effective cleaning and disinfection of conveyances and equipment.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 5 - PRODUCTION/SUPPLIER FLOCKS › Section 2:9-5.2 - Production/supplier flock sanitation and biosecurity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Production and supplier flock facilities, conveyances, and other equipment shall be clean and sanitary at all times.
(b) A biosecurity protocol shall be developed by the producer/supplier, approved by NJDA pursuant to 2:9-2.2(b)7  and shall be in place for all production/supplier premises.
(c) Flock test records, including all poultry inspection certificates and certificates of veterinary inspection, as well as records of bird transfers, poultry invoices, and biosecurity records, must be maintained at the flock premises for 12 months and shall be presented upon demand to an authorized agent of the New Jersey Department of Agriculture.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 5 - PRODUCTION/SUPPLIER FLOCKS › Section 2:9-5.3 - Production/supplier flock surveillance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Premises may be subjected to random inspections by authorized agents of the New Jersey Department of Agriculture to ensure that the premises, conveyances, and coops are clean and sanitary. Random samples may be collected for virus identification from birds and/or environment at the time of inspection.
(b) Premises that have results confirmed as positive for avian influenza virus shall be quarantined according to N.J.A.C. 2:5-4 and will be required to depopulate all poultry, including pigeons and doves, and undergo cleaning and disinfection. All premises under quarantine shall remain under quarantine until an authorized agent of the NJDA is satisfied that the risk of disease exposure no longer exists. The premises shall be retested and approved by an authorized agent of the NJDA before it will be released from quarantine. A negative environmental test result is required before restocking.
(c) All other livestock must be removed from any area where the poultry were housed or stored while the entire poultry area is cleaned, disinfected and allowed to dry. Livestock must be placed into temporary holding pens on the premises in accordance with N.J.A.C. 2:8, Humane Treatment of Domestic Livestock, or moved directly into a USDA-recognized slaughter establishment by permit issued by the NJDA.
(d) Once emptied of birds and livestock, all areas where poultry were housed or stored must be cleaned of all organic material, then disinfectant shall be applied. An authorized agent of the NJDA will determine if the cleaning and disinfection is satisfactory.
(e) The premises must remain empty of poultry and livestock for a minimum of 24 hours after disinfectant is applied. Any disinfectant and/or cleaning solution applied to the premises must be allowed to thoroughly dry before restocking with poultry or livestock. The premises must be inspected, tested and approved by an authorized agent of the NJDA before it will be allowed to restock.
(f) At the discretion of the State Veterinarian, under special circumstances small positive flocks may be exempted from depopulation if they are determined to be low risk for disease transmission. In such cases, the State Veterinarian will approve and implement a special quarantine release protocol. Under this protocol, the flock will be quarantined and allowed to remain in its environment until it tests negative and the quarantine is lifted by the State of New Jersey.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 9 - AVIAN INFLUENZA › Subchapter 6 - PENALTIES › Section 2:9-6.1 - Penalties for violations of this chapter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who violates the provisions of this chapter, shall be subject to the following penalties:
1. First offense: not less than $ 100.00 per unit or violation nor more than $ 200.00 per unit or violation; and
2. Each subsequent offense: $ 200.00 per unit or violation or imprisonment for not more than one year, or both.
i. After the second violation of any part of this chapter by the same registered live bird market, poultry distributor, poultry producer/supplier flock during the same calendar year, the Department of Agriculture may revoke its registration for the remainder of the registration year.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 10 - LABORATORY SERVICES › Subchapter 2 - TERMS OF LABORATORY SERVICES › Section 2:10-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall have the following meanings. Words of art undefined in this section shall have the meaning attributed to them by trade usage or general usage as reflected by definition in a standard dictionary, such as Webster's.
"Animal remains" means the animal carcass, any portion of an animal carcass, tissue samples, and associated items that may include, but are not limited to, bedding and other personal effects that are delivered with the animal carcass.
"Laboratory" or "AHDL" means the New Jersey Department of Agriculture, Animal Health Diagnostic Laboratory.
"Submitter" means any individual who engages the services of the laboratory. Such individuals may include animal owners, veterinarians, members of law enforcement, or agents of business entities including non-profit organizations and corporations.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 10 - LABORATORY SERVICES › Subchapter 2 - TERMS OF LABORATORY SERVICES › Section 2:10-2.2 - Animal remains

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Due to risk of disease transmission, animal remains and specimens shall not be returned after submission to the AHDL and will be disposed of at the discretion of AHDL, subject to the exemptions of this subsection.
(b) Upon written request of the submitter or animal owner prior to start of a necropsy procedure, animal remains shall be released to licensed private crematorium for private services at no cost to the laboratory.
(c) Notwithstanding (b) above, animal remains that are regulated medical waste, as defined by N.J.A.C. 7:26-3A.6(a)5, shall be disposed of pursuant to all applicable State and Federal laws, rules, and regulations.
(d) Upon written request by the animal owner or submitter, specimens may be released directly from AHDL to another laboratory for confirmatory testing or to seek professional opinion, or as required by Federal or State law.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 10 - LABORATORY SERVICES › Subchapter 2 - TERMS OF LABORATORY SERVICES › Section 2:10-2.3 - Records designated confidential

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to records designated as confidential pursuant to the provisions of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1et seq., any other law, rule, Executive Order, or complete (final) and intermediate (interim) reports, including necropsy reports, shall not be considered government records subject to public access pursuant to OPRA.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 1 - BLUEBERRY PLANTS › Section 2:16-1.1 - Certification of blueberry plants

Current through Register Vol. 56, No. 14, July 15, 2024
All blueberry growers selling propagating wood, rooted cuttings or plants must be certified. Certification shall be based on the inspection of all nursery plants, cutting beds and of enough mother plants to ensure adequate supplies of cutting wood for sale and for own propagation. The rules shall be as set forth in this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 1 - BLUEBERRY PLANTS › Section 2:16-1.2 - Application for participation

Current through Register Vol. 56, No. 14, July 15, 2024
Application for the program shall be made by one year preceding the establishment of the cutting bed to the Supervisor of Nursery Inspection, Division of Plant Industry, New Jersey Department of Agriculture, PO Box 330, Trenton, N.J. 08625-0330.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 1 - BLUEBERRY PLANTS › Section 2:16-1.3 - Qualifications for mother plants; removal of diseased or infested plants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Mother plants shall be clearly marked for variety.
(b) A row, partial row or rows of established plants of each variety to be propagated are to be cut to a maximum of 24 inches from the ground annually to provide propagating wood.
(c) Mother plants, to qualify, shall not have more than a total of one-half of one percent stunt disease for the season.
(d) Plants showing symptoms of blueberry stunt disease or virus diseases such as shoestring, mosaic, scorch, and ringspot are to be tagged by the inspectors and removed by the grower within 72 hours after notification. Plants showing symptoms of blueberry stunt or virus diseases are to be sprayed by the grower to control insect vectors, when present, prior to removal.
(e) Plants found infested with injurious insects shall not be certified until infested plants are removed or the infestation controlled.
(f) If mother plants are bordered on one side or on both sides by field bushes, five rows on either side of the mother row or rows will be inspected.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 1 - BLUEBERRY PLANTS › Section 2:16-1.4 - Qualification for nursery plants; removal of diseased plants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nursery plants, to qualify as certified, shall not have more than three-quarters of one per cent stunt for the season.
(b) Where varieties within the nursery field show different percentages of stunt, the tolerances in (a) above are nevertheless applicable to each variety.
(c) Plants infected with stunt and other virus diseases shall be tagged and removed by the grower within 72 hours after notification. Plants showing symptoms of blueberry stunt or virus diseases are to be sprayed by the grower to control insect vectors, when present, prior to removal.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 1 - BLUEBERRY PLANTS › Section 2:16-1.5 - Time of inspection and insecticide application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All mother plants, rooted cuttings and nursery plants shall be sprayed, as needed, to control the sharp-nosed leafhoppers and aphids. The timing of these applications and the material to be used shall be recommended by the New Jersey Agricultural Experiment Station. Records of all pesticide applications shall be maintained by the grower and shall be available to the Department if requested.
(b) The times of inspections are as follows:
1. First inspection during May and June;
2. Second inspection during August, September and October; and
3. Additional inspections as deemed necessary by the Department.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 1 - BLUEBERRY PLANTS › Section 2:16-1.6 - Procedure for handling cuttings, cutting beds and plant nurseries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Cuttings shall be clearly marked for variety.
(b) A record of the number of cuttings set in the cutting beds and nursery rows by varieties shall be kept by the grower.
(c) Propagators whose plantings have not been certified the preceding year or those who buy additional cutting wood shall procure the same from fields approved for certification. A bill of sale shall be presented on demand showing the source and quantity of said purchase.
(d) Cutting beds and nursery rows shall be isolated 50 feet from uncertifiable plants unless prior arrangement has been made with the Department to alter that standard.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 1 - BLUEBERRY PLANTS › Section 2:16-1.7 - Issuance of inspection certificates

Current through Register Vol. 56, No. 14, July 15, 2024
Upon fulfillment of the requirements of this subchapter, and following payment of nursery inspection fees as specified in N.J.A.C. 2:18, the grower is entitled to the certificate of inspection from the New Jersey Department of Agriculture.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 2 - SEED AND SOD, GENERAL CERTIFICATION STANDARDS › Section 2:16-2.1 - Applicability of certification standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The standards set forth in this subchapter are applicable to all crops eligible for certification for genetic purity and identity, and, in conjunction with the standards for the individual crops found in the subchapters applying to those crops, shall constitute the standards for the certification of crops in New Jersey.
(b) Field and seed standards for certified seed crops not listed in this chapter shall be those established by the Association of Official Seed Certifying Agencies, AOSCA Certification Handbook--Publication No. 23, as amended and supplemented, incorporated herein by reference.
(c) Copies of the standards for the kind to be certified may be obtained from the Department or from the Association of Official Seed Certifying Agencies, Box 9812, Mississippi State, MS 39762.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 2 - SEED AND SOD, GENERAL CERTIFICATION STANDARDS › Section 2:16-2.2 - Certifying organizations from New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey Department of Agriculture is the official seed certification agency in the state of New Jersey and assumes the regulatory or enforcement work in turf production.
(b) Cook College, Rutgers--The State University is the agricultural research and extension agency for seed and turf certification.
(c) These two organizations independently cooperate in the certification program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 2 - SEED AND SOD, GENERAL CERTIFICATION STANDARDS › Section 2:16-2.3 - Purpose of certification

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of certification is to maintain and make available to the public, high quality seed, sod and propagating material of superior crop varieties so grown and distributed as to insure genetic identity, genetic and mechanical purity, a minimum of seed-borne diseases and turf pests such as weeds, injurious insects, diseases and plant parasitic nematodes.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 2 - SEED AND SOD, GENERAL CERTIFICATION STANDARDS › Section 2:16-2.4 - Classes and sources of certified seed

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Four classes of seed are recognized in seed certification, namely breeder, foundation, registered and certified. These classes are defined as follows:
1. Breeder seed is seed of vegetative material directly controlled by the originating or the sponsoring plant breeder or institution and which provides the source for the initial and recurring increase of foundation seed.
2. Foundation seed is the progeny of breeders or foundation seed so handled as to maintain specific genetic identity and purity. Foundation seed may be the progeny of foundation seed only after approval has been granted by the Department.
3. Registered seed is the progeny of foundation seed that is so handled as to maintain genetic identity and purity, and that has been approved and certified by the Department. This class of seed shall be of a quality suitable for the production of certified seed.
4. Certified seed is the progeny of foundation or registered seed that is so handled as to maintain genetic identity and purity and that has been approved and certified by the Department.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 2 - SEED AND SOD, GENERAL CERTIFICATION STANDARDS › Section 2:16-2.5 - Limitation of generations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The number of generations through which a variety may be multiplied shall be limited to that specified by the originating breeder or owner of the variety, and shall not exceed two generations beyond the foundation seed class with the following exceptions:
1. Recertification of the certified class shall be permitted for older varieties where foundation seed is not maintained.
2. The production of an additional generation of the certified class only shall be permitted on a one-year basis, when an emergency is declared prior to the planting season by the Department stating that the foundation and registered seed supplies are not adequate to plant the needed certified acreage of the variety. The permission of the originating or sponsoring plant breeder, institution, firm or owner of the variety, if existent, shall be obtained. The additional generation of certified seed to meet the emergency need is ineligible for recertification.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 2 - SEED AND SOD, GENERAL CERTIFICATION STANDARDS › Section 2:16-2.7 - Eligibility requirements for certification of crop varieties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All varieties that are approved by the Department are eligible for certification.
(b) All varieties that are certified by any other agency which is a member of, or recognized by, the Association of Official Seed Certifying Agencies may be considered for certification at the request of a grower.
(c) For varieties not approved by other certifying agencies, the breeder or sponsoring institution or organization shall describe and document in the application for certification submitted to the Department those characteristics of the variety which give it distinctness and merit by supplying the following information.
1. The name of the variety;
2. A statement concerning the variety's origin and the breeding procedure used in its development;
3. A detailed description of the morphological, physiological and other characteristics of the plants and seed that distinguish it from other varieties;
4. Evidence supporting the identity of the variety, such as comparative yield data, insect and disease resistance, or other factors supporting the identity of the variety;
5. A statement delineating the geographic area or areas of adaptation of the variety;
6. A statement of the plans and procedures for the maintenance of seed classes, including the number of generations through which the variety may be multiplied;
7. A description of the manner in which the variety is constituted when a particular cycle of reproduction or multiplication is specified;
8. Any additional restrictions on the variety specified by the breeder with respect to geographic area of seed production, age of stand or other factors affecting genetic purity; and
9. A sample of the variety as marked.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 2 - SEED AND SOD, GENERAL CERTIFICATION STANDARDS › Section 2:16-2.9 - Handling crop prior to inspection; field boundaries

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Roguing of off-type plants, objectionable crop plants and weeds whose seed are inseparable is required prior to field inspection.
(b) Field boundaries shall also be designated prior to field inspection.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 2 - SEED AND SOD, GENERAL CERTIFICATION STANDARDS › Section 2:16-2.10 - Restriction on number of varieties

Current through Register Vol. 56, No. 14, July 15, 2024
Only one variety of the same crop shall be grown for seed production on a farm except upon prior approval of the Department.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 2 - SEED AND SOD, GENERAL CERTIFICATION STANDARDS › Section 2:16-2.11 - Harvested fields ineligible for certification

Current through Register Vol. 56, No. 14, July 15, 2024
If a field is harvested before inspection, that crop automatically becomes ineligible for certification.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 16 - CERTIFICATION › Subchapter 2 - SEED AND SOD, GENERAL CERTIFICATION STANDARDS › Section 2:16-2.12 - Seed house or bin inspection of seed

Current through Register Vol. 56, No. 14, July 15, 2024
One or more inspections of harvested lots of seed from inspected fields shall be made at any time by representatives of the Department who shall have the authority to reject from certification any lot not protected from mixture or which is not identified.