reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 7 - PLANNING ASSISTANCE GRANTS › Section 2:77-7.7 - Award of funding, disbursements, accounting, and recordkeeping requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall base its award on the "Estimate of Costs" submitted pursuant to 2:77-7.4.
(b) In the case of an inter-municipal TDR planning assistance grant request, the Board shall award grants to participating municipalities as follows:
1. Up to 50 percent or $ 40,000, whichever is less, for each municipality containing a receiving area(s) that accepts greater or equal to 50 percent of the total credits from the sending area(s); and
2. Up to 50 percent or $ 20,000, whichever is less, for each participating municipality without a receiving area(s) or with a receiving area that accepts less than 50 percent of the credits from the sending area(s).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 8 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 2:77-8.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter provides the standards established by the Board for independent professional appraisers or the Board to follow when conducting appraisals of land for the purpose of acquiring, or providing a loan guarantee for, development potential pursuant to the Burlington County Transfer of Development Rights Demonstration Act, N.J.S.A 40:55D-113 et seq., the State Transfer of Development Rights Bank Act, 4:1C-49 et seq., and the State Transfer of Development Rights Act, 40:55D-137 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 8 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 2:77-8.2 - Board-approved appraisers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall adopt the list of appraisers approved by the State Agriculture Development Committee pursuant to 2:76-6.7(a)1  annually.
(b) The Board may remove an appraiser from the adopted list if an appraisal is not conducted in conformance with this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 8 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 2:77-8.3 - Development potential valuation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There are several methods of valuation available to appraisers to establish a value of development potential credits. Credits in the sending area may have a different value from credits in the receiving area. The methods in (a)1 through 8 below shall be considered by appraisers to determine the valuation of credits. Guidance concerning these methods may be found in the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation,
http://www.appraisalfoundation.org/
and in the Board's "Appraisal Guidelines for Determining Development Potential,"
http://www.nj.gov/agriculture/sadc/tdr/tdrbank/about/AppraisalGuidelines.pdf
.
1. The Direct Comparison of sales of development potential credits method applies to both receiving and sending area properties;
2. The before and after valuation method takes into consideration a sending area property's fee unencumbered value and its restricted value. Both unencumbered and restricted sales shall be considered;
3. Another sending area valuation method is to look at those properties of reasonably similar characteristics from which a development easement has been sold through the Farmland Preservation Program pursuant to N.J.A.C. 2:76;
4. The Subdivision Development Analysis via a Discounted Cash Flow Analysis is a method of value determination applicable first to the base property without the credits added, and then with them. The difference in the value indications is the value of the credits;
5. The Linear Regression Method and Allocation Methods can be utilized where the total new land costs proportion can be estimated to the finished products' sale price;
6. The Subdivision Method;
7. The Income Capitalization Method; and
8. The Cost Method.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 8 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 2:77-8.4 - Appraisal report format

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The appraisal reports prepared by the approved appraiser shall follow the following format. All values in the report shall be expressed in dollars per acre and dollars per TDR credit where appropriate. The final value shall be expressed in both dollars per acre, dollars per TDR credit, and total dollars. Each report will be examined and the Board shall return any report that is not valued or formatted consistent with this subchapter and shall request that any such report be modified consistent with this subchapter. Any factual or mathematical errors, which could result in a value change, may be referred to the appraisers for correction and/or clarification:
1. A summary;
2. General information;
3. Property valuation before development credit acquisition (market value unrestricted), where applicable;
4. Property valuation after development easement acquisition (market value restricted), if applicable;
5. A final estimate of development potential credits value; and
6. An addendum.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 8 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 2:77-8.5 - Summary

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The summary section of the appraisal report shall contain the following:
1. A letter of transmittal that shall contain the estimated value per TDR and the total value;
2. A certification of appraisal, which shall include the market value per TDR credit and total value, and market value restricted per acre and total value, date of valuation, a statement that the appraisal conforms to Uniform Standards of Professional Appraisal Practice (USPAP) and to the Standards for Appraisals set forth in 13:40A-5.1, 6.1, and 7.6 and the signature of the approved appraiser responsible for the report;
3. A summary of salient facts, which shall include the unrestricted value per TDR and total value and the restricted value per acre and total restricted value, and the easement value both per acre and total. The format shall conform with the sample located at N.J.A.C. 2:77-8 Appendix A, incorporated herein by reference; and
4. A table of contents that shall include the topic listings contained in the appraisal report with corresponding page numbers. The format shall conform with the sample located at N.J.A.C. 2:77-8 Appendix B, incorporated herein by reference.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 8 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 2:77-8.6 - General information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The general information section of the appraisal report shall contain the following:
1. The purpose of the appraisal is to estimate the market value of a TDR credit;
2. A statement of the rights being valued:
i. Market value unrestricted;
ii. Market value restricted; and
iii. Development credit value;
3. A section defining the legal and technical terms of the report;
4. Any assumptions and limiting conditions;
5. A section identifying the subject property by municipal tax map block and lot or other means. The subject property and its current use shall be briefly described;
6. Any title changes in the last five years, easements, agreements of sale, or options;
7. A report on present market conditions and estimated marketing time;
8. Zoning and assessment information; and
9. Information detailing community and neighborhood data. This shall include, but not be limited to, the character of the community, land use trends, the degree of development pressure in the area, and any other information that may significantly impact the fee simple market value.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 8 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 2:77-8.7 - Property valuation before development and transfer acquisition (a/k/a market value unrestricted), where applicable

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The property valuation before development easement acquisition (market value unrestricted) section of the appraisal report shall contain a description of the subject property including all physical attributes and improvements which shall include, but not be limited to:
1. A discussion of the topography, soil characteristics, hydrologically limited areas, State owned or privately held riparian lands, frontage, configuration, dwellings, outbuildings, and other appropriate characteristics;
2. Any rejected, approved, or pending subdivision plans; and
3. Any existing residences.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 8 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 2:77-8.9 - Final estimate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The final estimate of development credit value section of the appraisal report shall contain the following:
1. The estimated development credit value that is arrived at by the difference between the market value and the market value restricted of the land, representing the value of the development credit and reported as a per acre basis and total value of the property:
2. A discussion of the rights represented by this value conclusion should be recapitulated, as well as changes in highest and best use of the unrestricted versus the restricted property; and
3. A summary of the major points of the report should be summarized leading the reader to the same conclusion as the appraiser.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 8 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Section 2:77-8.10 - Addendum

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The addendum section of the report should include, but is not limited to, the following items:
1. A subject property and comparable sales location map;
2. A subject tax map, if applicable;
3. Soils/flood/topographic maps, if applicable;
4. A study of hydrologically limited areas, if applicable;
5. Subject property photos (color), if applicable;
6. Reference materials, studies, articles, or other data considered important by the appraiser;
7. A subdivision map, if applicable; and
8. The appraiser's qualifications.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 8 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
SUMMARY OF SALIENT FACTS AND IMPORTANT CONCLUSIONS
PROPERTY LOCATION (Including but not limited to Block and Lot)
PROPERTY TYPE
LAND SIZE OR NUMBER OF TDRs
ZONING
HIGHEST AND BEST USE
DATE OF VALUATION
PER TDR
TOTAL
ESTIMATE OF PROPERTY VALUE "BEFORE":
ESTIMATE OF PROPERTY VALUE "AFTER":
ESTIMATE OF DEVELOPMENT CREDITS VALUE:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 77 - TRANSFER OF DEVELOPMENT RIGHTS › Subchapter 8 - REPORTING REQUIREMENT FOR PUBLIC WORKS › Appendix C

Current through Register Vol. 56, No. 14, July 15, 2024
LAND SALE COMPARATIVE RATING GRID*, if applicable
Sale No.
1
2
3
Sale Price
$
$
$
Reflects in Units*
$
/AC $
/AC $
/AC
Date of Sale
Conditions of Sale
%
%
%
Financing
%
%
%
Time Adjustment
%
%
%
Total Adjustment
%
%
%
Adjusted Sales Price
$
$
$
Location
%
%
%
Size
%
%
%
Frontage
%
%
%
Topography
%
%
%
Zoning
%
%
%
Easements
%
%
%
Wetlands
%
%
%
Soils
%
%
%
Residential Opportunities
%
%
%
Other
%
%
%
Net Adjustment
%
%
%
Value Indicated to
Subject by Unit**
$
/AC $
/AC $
/AC
* This unit of conveyance may be $/TDR credit or correctly converted to a $/TDR credit unit value.
** It is not acceptable to put this grid on more than one page.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 2:78-1.1 - Purpose, scope and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter is promulgated pursuant to 4:10-79, which authorizes the New Jersey Department of Agriculture (NJDA) to adopt rules for the proper administration of a New Jersey Organic Certification Program including, but not limited to, promulgating certification procedures for "NJDA Certified Organic" and "Transitional Sustainable" products, designing an appropriate label for such products, and charging fees to cover reasonable costs associated with implementation of this program.
(b) These rules will become effective and the certification marks identified in 2:78-4.1 and 4.2 will become available for use only after the Department becomes accredited by the USDA, as a certifying agent pursuant to the 7 CFR 205, Subpart F, as amended and supplemented.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 2:78-1.2 - Adoption of the National Organic program Standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The NJDA hereby adopts and incorporates by reference the following parts of the National Organic Program, 7 CFR 205, effective April 21, 2001, as amended and supplemented, as the official rules and procedures by which it shall act as a certifying agent for operations producing or handling organic crops, livestock, wild crops and processed food products:
1. Subpart A -- Definitions, all sections;
2. Subpart B -- Applicability, all sections;
3. Subpart C -- Organic Production and Handling Requirements, all sections;
4. Subpart D -- Labels, Labeling, and Market Information, all sections;
5. Subpart E -- Certification, all sections; and
6. Subpart G -- Administrative, the following sections only:
i. Sections 205.600 -- 205.607 (National List of Allowed and Prohibited Substances);
ii. Sections 205.660 -- 205.663 (Compliance);
iii. Sections 205.670 -- 205.672 (Inspecting and Testing, Reporting and Exclusions from Sale); and
iv. Sections 205.680 -- 205.681 (Adverse Action Appeal Process).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 2:78-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For purposes of this chapter, the following words, terms, and phrases shall have the following meanings unless the context clearly indicates otherwise:
"Dealer" means any person who sells or distributes certified organic agricultural products either at wholesale or at retail.
"Director" means the Director, Division of Marketing and Development, New Jersey Department of Agriculture or his or her designee.
"Facility" means any premises, including, but not limited to, any plant, establishment, facility and the appurtenances thereto, in whole or in part, where organic food is prepared, handled, or processed in any manner for resale or distribution to retail outlets, restaurants and any such other facility selling or distributing to the ultimate consumer.
"NJDA" means the New Jersey Department of Agriculture.
"NOP" means the National Organic Program, 7 CFR 205.1 et seq., as amended and supplemented.
"Organic certification number" means the identification number listed on the organic certification certificate issued to the organic producer or handler.
"Organic production areas" means the field, greenhouse, room, facility or other location where organic crops, wildcrops or livestock are produced.
"Secretary-NJDA" means the Secretary of the New Jersey Department of Agriculture or his designee.
"Transitional Sustainable" means any agricultural commodity (fruits, vegetables or grains) other than livestock that meets all of the NOP's requirements for 100 percent organic, except that the organic production areas have not been free of prohibited substances for 36 months. Use of prohibited substances in the organic production areas must have ceased for at least 12 months prior to the harvest of a "transitional" crop.
"USDA" means the United States Department of Agriculture.
(b) Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number is used, the same shall be understood to include and to apply to several persons or parties as well as to one person or party, and to bodies corporate as well as individuals, and to several matters and things as well as one matter or thing.
(c) The words, terms and phrases set forth in (a) above are to be used in addition to and in conjunction with the words, terms and phrases set forth in 7 CFR 205.2, as amended and supplemented.
(d) Words of art not defined in (a) above or in 7 CFR 205.2 shall have the meaning attributed to them by trade usage or general usage as reflected by its definition in a standard English dictionary, such as Merriam-Webster Unabridged Dictionary.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 2:78-1.4 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
The NJDA will hold confidential any information obtained while implementing the rules set forth in this chapter that constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 CFR Part 205.101 and 205.504, as amended and supplemented, or the Open Public Records Act, 47:1A-1 et seq., subject to the limitations set forth therein.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 2 - APPLICATION PROCEDURE, REGISTRATION AND FEE SCHEDULES › Section 2:78-2.1 - Application for certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any producer seeking certification of their operations as certified organic or "Transitional Sustainable," shall comply with the following requirements:
1. Producers seeking certification by the NJDA must file an application package for certification of their operations as certified organic or "Transitional Sustainable," along with the necessary fees set forth in 2:78-2.2.
i. All applications must be made in writing, upon forms provided by the NJDA for this purpose. Producers can be certified for crops, livestock and/or wildcrafting. When requesting an application package from the NJDA, the producer must specify the category of organic certification sought (crops, wildcrops, livestock, processor).
ii. The application must identify the name, address, commodities for which the user is seeking certification, and other such information as is deemed necessary for the NJDA to determine whether the producer has complied with the NOP and this chapter.
iii. The NJDA will assign a filing deadline for the submission of the required annual update for all following years, which shall be the first day of the ninth month after certification was granted.
iv. Initial certification fees shall be based on the projected 12 months gross income from certified organic production areas, livestock or facilities and gross revenues received from services rendered in connection with certified organic products. Additional fees may apply as set forth in 2:78-2.2(e).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 2 - APPLICATION PROCEDURE, REGISTRATION AND FEE SCHEDULES › Section 2:78-2.2 - Producer fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fee schedule shall apply to producer applications for certification:
1. First time applicants
Projected Gross Organic Income
(from organic productsor services)
Certification Fee
$ 0-$ 4,999
$ 285
$ 5,000-$ 9,999
$ 385
$ 10,000-$ 24,999
$ 410
$ 25,000-$ 49,999
$ 435
$ 50,000-$ 99,999
$ 460
$ 100,000-$ 149,999
$ 510
$ 150,000-$ 199,999
$ 560
$ 200,000-$ 249,999
$ 635
$ 250,000-$ 299,999
$ 710
$ 300,000-$ 399,999
$ 785
$ 400,000-$ 499,999
$ 885
$ 500,000-$ 749,999
$ 1,010
$ 750,000-$ 999,999
$ 1,210
Over $ 999,999
$ 1,210 + .25 percent (.0025) of
gross organic sales over $ 999,999
2. Annual Certification Update
Actual Gross Organic Income
(from organic productsor services)
Certification Fee
$ 0-$ 4,999
$ 235
$ 5,000-$ 9,999
$ 335
$ 10,000-$ 24,999
$ 360
$ 25,000-$ 49,999
$ 385
$ 50,000-$ 99,999
$ 410
$ 100,000-$ 149,999
$ 460
$ 150,000-$ 199,999
$ 510
$ 200,000-$ 249,999
$ 585
$ 250,000-$ 299,999
$ 660
$ 300,000-$ 399,999
$ 735
$ 400,000-$ 499,999
$ 835
$ 500,000-$ 749,999
$ 960
$ 750,000-$ 999,999
$ 1,160
Over $ 999,999
$ 1,160 + .25 percent (.0025) of
gross organic sales over $ 999,999
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 2 - APPLICATION PROCEDURE, REGISTRATION AND FEE SCHEDULES › Section 2:78-2.3 - Handler fee schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fee schedule shall apply to handler applications for certification:
1. First Time Applicant
Anticipated Gross Organic Income
(from organic productsor services)
Certification Fee
$ 0-$ 10,000
$ 300
$ 10,001-$ 15,000
$ 325
$ 15,001-$ 20,000
$ 350
$ 20,001-$ 50,000
$ 400
$ 50,001-$ 100,000
$ 475
$ 100,001-$ 275,000
$ 575
$ 275,001-$ 500,000
$ 700
$ 500,001-$ 1,000,000
$ 900
$ 1,000,001-$ 10,000,000
1/10 of 1 percent (.001) of gross
organic income
Over $ 10,000,000
$ 10,000
2. Annual certification update
Actual Gross Organic Income
(from organic productsor services)
Certification Fee
$ 0-$ 10,000
$ 200
$ 10,001-$ 15,000
$ 225
$ 15,001-$ 20,000
$ 250
$ 20,001-$ 50,000
$ 200
$ 50,001-$ 100,000
$ 375
$ 100,001-$ 275,000
$ 475
$ 275,001-$ 500,000
$ 600
$ 500,001-$ 1,000,000
$ 800
$ 1,000,001-$ 10,000,000
1/10 of 1 percent (.001) of gross
organic income minus $ 150.00
Over $ 10,000,000
$ 9,850
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 2 - APPLICATION PROCEDURE, REGISTRATION AND FEE SCHEDULES › Section 2:78-2.4 - Registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All producers shall file a registration form and a non-refundable annual fee of $ 25.00 to the NJDA before selling or distributing certified organic products in New Jersey and annually thereafter. Registration forms are available by contacting Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, NJ 08625.
(b) All handlers shall file a registration form and a non-refundable annual fee of $ 75.00 to the NJDA, before selling or distributing certified organic products in New Jersey and annually thereafter. Registration forms are available by contacting Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, NJ 08625.
(c) All dealers except those who are registered as a handler pursuant to (b) above shall file a registration form and a non-refundable annual fee of $ 100.00 per location with the NJDA, before selling or distributing certified organic products in New Jersey and annually thereafter. Registration forms are available by contacting Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, NJ 08625.
(d) All USDA-accredited certifying agents shall file a registration form and a non-refundable annual fee of $ 100.00 before providing organic certification services in New Jersey and annually thereafter. Registration forms are available by contacting Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, NJ 08625.
(e) Operations exempt or excluded from organic certification pursuant to 7 CFR 205.101, who are not certified pursuant to 2:78-2.5, shall notify the NJDA of their excluded or exempted status by submitting to the NJDA a signed Declaration of Exempt or Excluded Status form and a $ 25.00 processing fee. Forms are available by contacting Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, NJ 08625.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 2 - APPLICATION PROCEDURE, REGISTRATION AND FEE SCHEDULES › Section 2:78-2.5 - Exempt and excluded operations pursuant to 7 CFR 205.101

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any operations exempt or excluded from organic certification pursuant to 7 CFR 205.101 seeking to use the USDA seal in 7 CFR 205.311(b)(3) and/or the NJDA logos in 2:78-4.1 and 4.2 may apply for certification from the NJDA in accordance with the requirements of 2:78-2.1. Certification pursuant to this subsection is voluntary.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 3 - TRANSITIONAL SUSTAINABLE CERTIFICATION › Section 2:78-3.1 - Certification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order for a "Transitional Sustainable" producer to be certified, all of the following requirements shall be met:
1. Application of prohibited substances, as set forth in 7 CFR 205.600 through 205.607 in the production area must have ceased at least 12 months prior to the harvest of the crop;
2. The producer shall comply with all the requirements for 100 percent organic production set forth in 2:78-1.2, except for the requirements of 7 CFR 205.202(b); and
3. The producer shall complete the application and pay the fees set forth in 2:78-2.1.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 4 - CERTIFICATION MARK › Section 2:78-4.1 - Organic certification mark

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Organic producers and handlers certified pursuant to this chapter to use a "100 percent organic" or "organic" label may use the "NJDA Certified Organic" certification mark set forth in (b) below.
(b) The configuration of the "NJDA Certified Organic" certification mark is as follows:
Data in image
(c) For the promotion or sale of organic products, only those producers and/or handlers certified as organic by the NJDA are entitled to utilize the "NJDA Certified Organic" certification mark.
(d) Any certified producer or handler or certifying agent improperly using the certification mark set forth in (b) above shall be subject to the noncompliance procedure in 7 CFR 205.660 through 205.665.
(e) Penalties for knowingly selling or labeling a product as organic, except in compliance with the NOP are those set forth in 7 CFR 205.100(c)(1).
(f) Anyone improperly using the certification mark set forth in (b) above shall be subject to a penalty of not more than $ 50.00 for the first offense and not more than $ 100.00 for each subsequent offense. Each day the person or business remains noncompliant will constitute a new and separate offense.
(g) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (f) above, upon written request as provided below, shall be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
1. Written requests for hearings must be sent to: Director, Division of Marketing and Development
NJ Department of Agriculture
P.O. Box 330
Trenton, New Jersey 08625-0330
2. Written request for hearings must be transmitted to the Department within 20 days of the penalty notice.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 4 - CERTIFICATION MARK › Section 2:78-4.2 - Transitional sustainable certification mark

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Producers and handlers certified pursuant to this chapter may use the "Transitional Sustainable" certification mark set forth in (b) below.
(b) The configuration of the "Transitional Sustainable" certification mark is as follows:
Data in image
(c) For the promotion or sale of "Transitional Sustainable" products, only those producers or handlers certified as "Transitional Sustainable" by NJDA, pursuant to N.J.A.C. 2:78-3.1, are entitled to utilize the "Transitional Sustainable" certification mark.
(d) Anyone improperly using the certification mark set forth in (b) above shall be subject to a penalty of not more than $ 50.00 for the first offense and not more than $ 100.00 for each subsequent offense. Each day the person or business remains noncompliant will constitute a new and separate offense.
(e) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (f) above, upon written request as provided below, shall be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
1. Written requests for hearings must be sent to: Director, Division of Marketing and Development
NJ Department of Agriculture
P.O. Box 330
Trenton, New Jersey 08625-0330
2. Written request for hearings must be transmitted to the Department within 20 days of the penalty notice.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM › Subchapter 5 - COMPLAINTS › Section 2:78-5.1 - Complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person with cause to believe that any provision of this chapter or the NOP has been violated may file a written complaint with the NJDA setting forth the facts of the alleged violation.
(b) The NJDA may investigate written complaints received pursuant to (a) above, subject to the following:
1. The NJDA may investigate written complaints relating to certified organic food or fiber involving persons or businesses certified by the NJDA in accordance with 7 CFR 205.661; and
2. Written complaints related to organic food or fiber involving persons or businesses not certified by the NJDA may be submitted by the NJDA to the United States Department of Agriculture National Organic Program Compliance Division for investigation and enforcement action.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 1 - GENERAL PROVISIONS › Section 2:89-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules establish a program for licensure of the possession and ownership of aquacultured organisms.
(b) Aquacultured plants and animals shall be considered to be agricultural crops and animals.
(c) Pursuant to 7 U.S.C. §
										2204g, licensed aquatic farmers are required to provide annual production information for the census of agriculture.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 2 - AQUATIC FARMER LICENSE › Section 2:89-2.1 - Aquatic Farmer License requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All producers of cultured aquatic stock who anticipate production of aquacultured products worth $ 2,500 or more annually shall obtain an Aquatic Farmer License from the New Jersey Department of Agriculture.
1. In order to obtain the benefits provided by the Aquatic Farmer License, it is strongly recommended that all aquaculturists, even those with lower levels of production, obtain a License.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 2 - AQUATIC FARMER LICENSE › Section 2:89-2.2 - Preexisting aquatic farms

Current through Register Vol. 56, No. 14, July 15, 2024
Aquatic farms operating as of June 7, 2004 including bivalve molluscan shellfish operations will be required, by September 5, 2004, to file the application set forth in Appendix B which is hereby adopted and incorporated by reference.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 2 - AQUATIC FARMER LICENSE › Section 2:89-2.3 - Exemptions to the license requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following are not aquatic farmers operating aquatic farms and are not covered by this chapter:
1. Facilities that hatch or hold aquarium species in a fully enclosed building;
2. Facilities that hold live bait for less than 30 days;
3. Public hatcheries; and
4. Shellfish harvesters who:
i. Rely on natural seed set;
ii. Do not provide protection from predators by exclusion devices;
iii. Use leased bottom for wet storage; or
iv. Use leased bottom for relay.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 2 - AQUATIC FARMER LICENSE › Section 2:89-2.4 - Aquaculture application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The application set forth at Appendix A shall include the information set forth at (a)1 through 4 below. The application set forth at Appendix B shall include the information set forth at (a)1 and 2 below.
1. Applicant information:
i. The name, address and contact information of the applicant;
ii. The filing date;
iii. The name and location of the proposed aquatic farm;
iv. The name and address of the landowner if different from the applicant;
v. The name and contact information for a consultant or an authorized agent; and
vi. The Social Security number of the applicant or Federal ID # for corporations.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 2 - AQUATIC FARMER LICENSE › Section 2:89-2.5 - Approval process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon filing a completed aquaculture application, the application will be reviewed by the NJDA.
(b) If the NJDA determines that the licensee will be operating in a closed system, the license will be issued upon completion of NJDA review.
(c) All other applications will be forwarded to the NJDEP and relevant Federal agencies for further action within 14 days of receipt of same.
1. The Aquatic Farmer License shall be granted when all additional permits have been granted and all required fees have been paid.
i. If NJDEP does not give notice in writing within 30 days of receipt of the application from the NJDA, that additional permits or approvals are required, and the NJDA does not identify any additional requirements that may apply, the license will be granted upon the assumption that there are no NJDEP concerns.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 3 - EFFLUENT TREATMENT › Section 2:89-3.1 - Exemptions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Aquatic farms are required to follow all applicable NJDEP discharge requirements as set forth in N.J.A.C. 7:14A except the following:
1. Licensed facilities whose annual production and water discharge do not exceed those of the New Jersey Pollution Discharge Elimination System thresholds set forth in 7:14A-2.1 4; and
2. Facilities determined to have a minimum impact on the surrounding environment pursuant to 2:89-3.2.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 3 - EFFLUENT TREATMENT › Section 2:89-3.2 - Minimum impact aquatic farms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following aquatic farms are deemed to have minimal impact on water resources and shall not be required to obtain a New Jersey Pollution Elimination Discharge Permit as a requirement of the issuance of an aquatic farmer license:
1. Recirculation systems that do not discharge into the waters of the State;
2. Native bivalve molluscan culture systems which do not use feed or do not feed in excess of the New Jersey Pollution Discharge System thresholds as set forth in 7:14A-2.1 4;
3. Fee fishing operations with a standing crop of less than 1,000 pounds of fish per acre; and
4. Aquatic farms that do not discharge production unit water to surface or groundwaters of the State.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 4 - IDENTIFICATION OF AQUACULTURED STOCK › Section 2:89-4.1 - Sale or distribution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who transports, for sale or distribution to another, licensed aquatic organisms that have been produced in aquatic farms in New Jersey shall transport each shipment with a bill of sale or a bill of lading.
(b) All documentation must include the license number of the production facility.
(c) Any person who transports, for any purposes other than sale or distribution, any licensed aquatic organism shall transport each shipment with a copy of the valid Aquatic Farmer License issued by NJDA.
(d) For bivalve molluscan shellfish, the tagging/recordkeeping system under 8:13-1.1 through 1.6 and 2.23 through 2.27 will fulfill the requirement for a bill of lading or bill of sale.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 4 - IDENTIFICATION OF AQUACULTURED STOCK › Section 2:89-4.2 - Label requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any label, bill of sale or bill of lading shall contain the name and address of the shipper and the receiver, and the identity of the aquatic organisms by species, total weight or number.
(b) For bivalve molluscan shellfish, the tagging/recordkeeping system referenced in 2:89-4.1(d).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 4 - IDENTIFICATION OF AQUACULTURED STOCK › Section 2:89-4.3 - Shellfish dealer certification

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to an Aquatic Farmer License, any entity that wholesales, stores, or processes aquacultured molluscan shellfish for human consumption shall possess a shellfish dealer certification and comply with all applicable provisions of N.J.A.C. 8:13-1.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 4 - IDENTIFICATION OF AQUACULTURED STOCK › Section 2:89-4.4 - Food license

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to an Aquatic Farmer License, any entity that wholesales, retails, stores or processes aquacultured seafood (fresh or saltwater) or seafood products (fresh or saltwater) for human consumption shall possess a wholesale food license required by 24:15-13 and N.J.A.C. 8:21-13, Rules Governing Wholesale Food Establishments, and/or a retail food license required by N.J.A.C. 8:24-1, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines and act in compliance with 8:21-1.3, Food Labeling.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 5 - AQUATIC ORGANISM HEALTH MANAGEMENT › Section 2:89-5.1 - Notice or existence of disease of concern

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any veterinarian or other person (including, but not limited to, any auctioneer, broker, dealer, aquaculturist, extension agent, etc.) who shall gain knowledge of the existence or suspected existence of a reportable disease of finfish, mollusks , or crustaceans within the State, which is subject to an emergency declaration by USDA-APHIS or which is identified by the World Organization for Animal Health (WOAH), in the " Aquatic Animal Health Code," which is adopted as amended and supplemented and incorporated herein by reference, must notify the Department without delay, but not more than 48 hours after gaining such knowledge.
1. A copy of this publication is available online at
http://www.woah.org/en/what-we-do/standards/codes-and-manuals/aquatic-code-online-access/
.
2. A copy is on file in the Division Director's Office, New Jersey Department of Agriculture, Division of Agriculture and Natural Resources, PO Box 330, Trenton, New Jersey 08625-0330.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 5 - AQUATIC ORGANISM HEALTH MANAGEMENT › Section 2:89-5.2 - Quarantine

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon confirmation by the Department that any aquatic organism has been infected by an infectious, contagious or communicable disease or has been exposed to such disease organisms, the Secretary may issue a Statement of Imminent Peril and take other steps which he or she deems necessary to prevent the spread of the disease, including, but not limited, to the imposition of a quarantine.
(b) Actions taken by the Secretary in accordance with (a) above, may include, but shall not be limited to:
1. A direction prohibiting shipments of aquatic organisms into or out of a quarantine area;
2. A direction prohibiting the release of water from the quarantine facility without written permission from the Secretary;
3. A direction requiring diagnostic tests and procedures to confirm that the aquatic organisms are no longer infected and the premises are decontaminated and requiring that the premises remain under quarantine until such confirmation is received;
4. The Department may oversee disinfection of farms, trucks, markets, auctions and all premises that may have been contaminated due to an outbreak of an infectious, contagious or communicable disease; and/or
5. When hatcheries are involved, the Secretary may, in his discretion, quarantine either the entire establishment or a portion thereof.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 5 - AQUATIC ORGANISM HEALTH MANAGEMENT › Section 2:89-5.3 - Depopulation

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may order the destruction or the immediate processing of any animal, organisms or eggs it deems necessary to prevent the spread of diseases that threaten the viability of the industry.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 6 - IMPORT OF AQUATIC ORGANISMS FOR THE PURPOSE OF AQUACULTURE › Section 2:89-6.1 - Health Certificate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No person shall move finfish into New Jersey, except for immediate processing and those from prior approved sources, unless accompanied by an official Health Certificate approved by the New Jersey State Veterinarian.
(b) The Health Certificate shall provide the following information:
1. The complete name and address of the consigner;
2. The origin of the aquatic organisms;
3. The complete name and address of the consignee;
4. The destination of the aquatic organisms;
5. A description of the aquatic organisms which shall include species and age of the animals; and
6. A statement that a licensed veterinarian, or other individual authorized by the appropriate government agency of the state or country of export, personally inspected the animals described and found them free from visible symptoms of infectious, contagious, or communicable disease or known exposure thereto within 30 days of shipment.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 6 - IMPORT OF AQUATIC ORGANISMS FOR THE PURPOSE OF AQUACULTURE › Section 2:89-6.2 - Release of finfish

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this chapter shall permit the release of domestically raised finfish into the waters of the State other than in private, closed ponds with no inlet from nor outlet to waters of the State without prior written permission of the Department of Environmental Protection pursuant to N.J.S.A. 23:4-63.3.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 7 - COMPLIANCE MONITORING › Section 2:89-7.1 - Compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon signature and submission of an application for Aquatic Farm License, the applicant represents that he or she will obtain and maintain, and implement the requirements of, any State and Federal permits that may be required.
(b) Representatives of the NJDA will periodically conduct a physical inspection of the facility and review records where required to ascertain compliance with the License requirements.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 7 - COMPLIANCE MONITORING › Section 2:89-7.2 - Inspection protocol

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The NJDA will conduct on-site inspection as needed.
(b) The inspections undertaken by the NJDA pursuant to this section are in addition to any inspections required by the NJDEP or any other State or Federal agency pursuant to law and shall not be deemed to satisfy or waive any such requirements.
(c) The licensed facility shall maintain and provide access to copies of pertinent records as required by the provisions of the license.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 89 - AQUACULTURE DEVELOPMENT › Subchapter 8 - VIOLATIONS AND ENFORCEMENT › Section 2:89-8.1 - Violations and enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The NJDA, when it determines that grounds exist, may:
1. Take administrative action to revoke or suspend a license; and/or
2. Seek relief in a court of competent jurisdiction pursuant to 4:23-1, including, but not limited to, an order enjoining unlicensed operations, operations in violations of a license, revoking or suspending a license, and/or granting other relief necessary to enforce these rules.