reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 35A - NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM › Subchapter 2 - WINE PROMOTION ACCOUNT › Section 2:35A-2.1 - Account uses and limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All of the monies appropriated to the Account from the preceding State taxable year shall be available annually for grants for activities benefitting the entire New Jersey wine industry for research and/or development concerning the viticultural and wine-making processes in the State and/or for promotion of New Jersey wine. Such activities may not exclude any plenary and/or farm wine licensees whose sales of New Jersey wine contribute to the Wine Promotion Account and who wishes to participate.
(b) All funds received by a grantee shall be used exclusively for the purposes identified in (a) above.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 35A - NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM › Subchapter 2 - WINE PROMOTION ACCOUNT › Section 2:35A-2.2 - Notification of availability and award of grants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to N.J.S.A. 4:10-78, by March 1 of each year, the Council receives from the Division of Taxation a certification of the number of taxable gallons of wine sold by plenary winery and farm winery licensees during the preceding taxable year. The Department shall file with the Office of Administrative Law, not more than 10 days after receipt of the certification a notice of anticipated availability of funds for publication in the New Jersey Register. At the same time, the Department will provide public notice of grant applications in three newspapers and on its website at
http://www.nj.gov/agriculture
.
(b) The Department shall make grant applications available on its website no later than March 1 each year and shall mail grant applications upon requests received at:
New Jersey Department of Agriculture/New Jersey Wine Industry Advisory Council
Division of Marketing and Development
PO Box 330
Trenton, NJ 08625-0330
(c) Program grants shall be awarded once annually.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 35A - NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM › Subchapter 2 - WINE PROMOTION ACCOUNT › Section 2:35A-2.3 - Application for funds

Current through Register Vol. 56, No. 14, July 15, 2024
To apply for funds, each applicant shall submit a completed application to the Department by the deadline date specified in the notice of availability of funds published in the New Jersey Register.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 35A - NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM › Subchapter 2 - WINE PROMOTION ACCOUNT › Section 2:35A-2.4 - Application components

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A completed application for program funds shall include the following minimum information:
1. The applicant entity and specific designation of entity type (individual, organization, cooperative, partnership, corporation, association or any other multi-member entity);
2. The name, address and contact information for the applicant entity and its head;
3. The name, address and contact information of the agency's governing body and its chief financial officer;
4. For multi-member entity applicants of any kind, a list of members and major stakeholders (holding ownership or control of 10 percent or more of profits or assets of a firm, association or partnership or stock of a corporation for profit). This requirement does not apply to universities, school boards, institutions or government entities;
5. Status of prior grants received;
6. Physical address, email address, telephone, fax and Vendor Federal ID number;
7. Winery affiliation (if any);
8. Wine project activities proposed to be undertaken and related costs projected in one or more of the following: research or development concerning the viticultural and wine-making processes in the State or for promotion of New Jersey wine; and
9. A certification signed by the applicant agency head and the governing body's chief financial officer that the information contained in the application is true to the best of their knowledge and belief, and that all grant funds will be used exclusively for the purpose specified in the grant award.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 35A - NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM › Subchapter 3 - PROGRAM GRANTS › Section 2:35A-3.1 - Grants

Current through Register Vol. 56, No. 14, July 15, 2024
Grants to eligible applicants will be determined on the basis of the selection criteria score and availability of funds. Following the Council's receipt and review of the Director of the Division of Taxation Certification the appropriated available funds shall be awarded pursuant to 4:10-76 and in accordance with Circular Letter 07-05-OMB.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 35A - NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM › Subchapter 3 - PROGRAM GRANTS › Section 2:35A-3.2 - Selection criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each applicant that submits a completed application by the deadline date specified in the notice of availability of funds shall be eligible for review of its grant proposal. Such application will be considered against the selection criteria by the Council, which will make recommendations of grant awards to the State Board of Agriculture.
(b) The selection criteria in (a) above is as follows:
1. A description of the project, including information as to the goals and objectives to be accomplished, implementation strategy, estimated cost of the project (including an estimated budget) and an estimated completion date of the project;
2. How the project will benefit the research, development and promotional efforts of the wine industry, including how quickly the benefit will occur;
3. Statewide benefits of the project;
4. Individuals or entities that will benefit from the project;
5. The project's benefit to agriculture;
6. All other sources or potential sources of matching funding;
7. The need for the project and whether there are any other similar projects that address the same needs or provide the same or a similar benefit as the proposed project; and
8. Any other information that may be relevant to the evaluation of the proposed project.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 35A - NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM › Subchapter 3 - PROGRAM GRANTS › Section 2:35A-3.3 - Requests for reconsideration; no appeal of awards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10 days after receipt of notification of a determination of ineligibility to receive a grant, an applicant may submit additional information to the Council and the Department, which shall reconsider the grant application.
(b) No appeal shall be considered of any award made to a grantee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 35A - NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM › Subchapter 3 - PROGRAM GRANTS › Section 2:35A-3.4 - Grant award process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each eligible application will be reviewed and scored in accordance with the required application components and the selection criteria identified.
(b) Consistent with the implementing legislation, the Council shall make recommendations to the State Board of Agriculture concerning each eligible application.
(c) Each applicant shall be timely notified of its grant award or denial within 30 days of the State Board of Agriculture action.
(d) The State Board of Agriculture reserves the right to adjust, in a subsequent year, any individual grant award upon determination that the applicant's prior grant award was based upon a computational or informational error. Applicants shall cooperate in all requests by the Department for information.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 35A - NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM › Subchapter 3 - PROGRAM GRANTS › Section 2:35A-3.5 - Deposit of grant monies; unallowable expenses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The grant award shall be forwarded to the chief financial officer for deposit into an appropriate account.
(b) No unapproved administrative expenses and no indirect costs shall be deducted from these grant awards by a grantee or its governing body.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 35A - NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM › Subchapter 4 - GRANTEE ACCOUNTABILITY › Section 2:35A-4.1 - Expenditure of funds; return of unexpended funds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each entity that receives a grant shall make every reasonable effort to expend the award within one year of receipt.
(b) The Department shall require the return of all funds not expended within one year of receipt, unless the grantee demonstrates that good cause exists to retain the funds.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 35A - NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM › Subchapter 4 - GRANTEE ACCOUNTABILITY › Section 2:35A-4.2 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
Applicants shall maintain a bookkeeping system, records, invoices and separate grant files in accordance with the requirements of Circular 07-05-OMB, to account for all grant monies received and expended and they shall be made available to Department upon request.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 36 - CHILD NUTRITION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 2:36-1.2 - Policy and Agreement for School Nutrition Programs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All school districts participating under one of the Federal child nutrition programs shall electronically certify compliance with the "Policy for Free and Reduced Price Meals or Free Milk" pursuant to Federal regulations 7 CFR Parts 210, 215, 220 and 245. The policy is available through the Department's web-based program School Nutrition Electronic Application and Reimbursement System (SNEARS).
(b) Each school district shall certify and submit this policy to the Division no later than the end of the second calendar month for which any reimbursement can be claimed for meals and milk served under the child nutrition programs. Sponsors starting programs in September shall submit the policy no later than September 30 of that year.
(c) The Agreement for School Nutrition Programs shall contain the policy referred to in (a) above and shall be submitted with the application packet to participate in any Child Nutrition Program prescribed by the Secretary pursuant to 7 CFR §§
										210.9, 215.7, 220.7 and 245.10.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 36 - CHILD NUTRITION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 2:36-1.3 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
The Division shall administer eligibility standards pursuant to the Federal Income Eligibility Guidelines set forth at 7 CFR Part 245 for Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools. These standards shall be used by all sponsors participating in the child nutrition programs and by all nonparticipating schools for the purpose of completing the survey as required by 2:36-1.4.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 36 - CHILD NUTRITION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 2:36-1.4 - Survey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By the last school day prior to October 16 of each school year, each school, under the supervision of its sponsor, shall survey the parent or guardian of each student enrolled to determine which students are eligible to receive free or reduced-price meals and/or free milk. The purpose of the survey is to determine whether the school meets or exceeds the five percent threshold established by N.J.S.A. 18A:33-5 for school lunch programs and the 20 percent threshold established for school breakfast programs in N.J.S.A. 18A:33-10.
(b) This survey shall be conducted using the "Application for Free and Reduced Price School Meals" as prescribed by the Secretary pursuant to Federal regulations (7 CFR Part 245). This application shall be distributed to the parent or guardian of every student enrolled in the school.
(c) The results of this survey shall be included in the Department of Education's Consolidated Enrollment Report: Current School Enrollment Data for the school year in which the survey is made.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 36 - CHILD NUTRITION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 2:36-1.5 - Free and reduced price meal and/or free milk application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall prepare a household application form that shall be used by all school districts. A copy of the application shall be provided to each district upon approval of a web-based submission/certification of the accompanying letter to parents.
(b) The parent or guardian shall be given at least two weeks from the date of receipt of the application to complete and submit the application to the school district which must provide adequate assistance to parents in completing these applications.
(c) Applications in languages other than English must be provided by the school food authority where non-English speaking parents are possible applicants. (An application in Spanish is available upon request from the Division of Food and Nutrition.) Other language translations are available on the USDA Food and Nutrition Service website.
(d) Upon receipt of the completed application, the district must determine each student's eligibility for a free or reduced-price meal and/or free milk from the information submitted. Each student shall be offered free or reduced-price meals and/or free milk as soon as eligibility has been determined. Students are eligible for school meal benefits or free milk for the school year and up to 30 operating days in the subsequent school year. If the school has reason to question the information provided, the student affected must continue to receive the free or reduced-price meals and/or free milk until completion of the appeal procedures set forth in the sponsor's policy pursuant to Federal regulations ( 7 CFR §
										245.7 Hearing Procedure for Families and School Food Authorities).
(e) Local officials may complete an application for a student believed to be eligible if the household fails to apply. The school official must complete an application on behalf of the student based on the best household size and income information available to the school official. The source of the information must be noted on the application. This option is intended for limited use in individual situations and must not be used to make eligibility determinations for categories or groups of students.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 36 - CHILD NUTRITION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 2:36-1.6 - Participation requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any school in which five percent or more of the school enrollment is found to be eligible for free or reduced-price meals shall participate in the National School Lunch Program or, at the minimum, offer lunch to all students enrolled in that school, with free or reduced price lunches offered to all qualifying children. Such lunches shall meet minimum nutritional standards established by the U.S. Department of Agriculture ( 7 CFR §
										210.10 ). Any school may participate in the National School Lunch Program without participating in any other Federal programs.
(b) Any school in which 20 percent or more of the school enrollment is found to be eligible for free or reduced price meals as of October 1 of the preceding school year, shall offer the School Breakfast Program to all students enrolled in that school, with free and reduced price breakfasts offered to all qualifying children. Such breakfasts shall meet minimum nutritional standards established by the U.S. Department of Agriculture 7 CFR 220.8. Any school may participate in the School Breakfast Program without participating in any other Federal programs.
1. Any school meeting the 20 percent threshold that requires the implementation of the School Breakfast Program must comply with the following requirements:
i. Each school food authority shall submit a school breakfast implementation plan to the Division by November 1 of the year prior to implementing the program in said school(s). Each implementation plan shall be reviewed and evaluated by the Division no later than February 1 of the following year.
ii. Any schools that have a participation rate of less than 25 percent of eligible students in a school breakfast program during any year of the program shall submit a revision of their school breakfast plan to include changes designed to increase student breakfast participation.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 36 - CHILD NUTRITION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 2:36-1.7 - Local School Wellness Policy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department hereby adopts and incorporates by reference the Dietary Guidelines for Americans and the USDA nutrition standards for National School Lunch, School Breakfast, and/or After School Snack programs as required by 7 CFR Parts 210, 215, 220, and 245 as the basis for local school wellness policies. Such policies shall regulate the types of food items sold in schools during the school day, outside of the Federal meal programs, such as a la carte sales, vending machines, school stores, and fundraisers.
1. A copy of the Dietary Guidelines for Americans may be obtained online.
2. A copy of 7 CFR Parts 210, 215, 220, and 245 may be obtained online.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 36 - CHILD NUTRITION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 2:36-1.8 - Nutrition standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nutrition standards established by the Department for meals served under the National School Lunch, School Breakfast, and After School Snack Programs or as mandated by N.J.S.A. 18A:33-4 shall be identical to those established in the USDA regulations at 7 CFR 210.10 and 220.8. These Federal regulations are adopted herein by reference.
(b) Nutrition standards for all competitive foods shall comply with 7 CFR 210.11 and 220.12 and the Competitive Food Policy, as referenced in N.J.A.C. 2:36-1.11.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 36 - CHILD NUTRITION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 2:36-1.9 - Review and evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each sponsor's implementation of the Free and Reduced Price Policy and a Local School Wellness Policy shall be reviewed and evaluated by the Division on a continuing basis.
(b) Federal and State Child Nutrition Program funds may be withheld and/or fiscal action may be taken against sponsors (see 7 CFR 210.19(c), 215.12(a), 220.14(a), and 245.10 ) found not to be in compliance with applicable Federal regulations (7 CFR Parts 210, 215, 220, and 245) and the Model Local School Wellness Policy.
(c) Sponsors shall not alter or amend standards set forth in the Free and Reduced Price Policy without prior written approval from the Division.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 36 - CHILD NUTRITION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 2:36-1.10 - Maximum charge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Division shall annually establish the maximum per meal and milk charge pursuant to 7 CFR §§
										210.2, 220.2 and 215.8(c); however, sponsors may appeal to the Division to increase such maximum per meal or milk charges.
1. The maximum milk charge shall be established based on the rate of reimbursement from the USDA per 1/2 pint of milk, consideration of the annual average Statewide student price/charge for milk and the average cost of a 1/2 pint of milk as purchased from the dairy.
2. The maximum meal charge shall be established based on the rate of reimbursement from the USDA for a free meal minus the rate of reimbursement from the USDA for a paid meal, and consideration of the annual average statewide student price/charge for a paid meal in the elementary, middle and secondary grades.
3. Adult meal prices shall be established to cover all costs associated with the production and service of the adult meal, including the market value of commodities allocated.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 36 - CHILD NUTRITION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 2:36-1.11 - Competitive food policy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All competitive food sold to students on the school campus during the school day must meet the nutrition standards specified in 7 CFR 210.11 and 220.12.
(b) All income derived from the sale of food and beverage items within a school during the hours when the school lunch and school breakfast programs are in operation must accrue to the accounts of said programs.
(c) All snack and beverage items, sold anywhere on the school campus during the school day, including items sold in a la carte lines, vending machines, snack bars, school stores, and fundraisers or served in the reimbursable After School Snack Program, shall meet the standards delineated in this competitive food policy and the standards established by USDA for competitive foods, found at 7 CFR 210.11 and 220.12, incorporated herein by reference. The USDA standards provide general nutrition standards for competitive foods, the exemptions to these standards, and specific standards for grains, fat, sugar, calorie, sodium, and accompaniments. All schools must comply with these Federal regulatory standards.
(d) There shall be no exemptions for food and/or beverages sold as a part of a fundraising activity.
(e) Medical exemption: This policy does not apply to:
1. Medically authorized special needs diets pursuant to 7 CFR Part 210;
2. School nurses, during the course of providing health care to individual students; or
3. Special needs students whose Individualized Education Plan (IEP) indicates the use of a special diet for behavior modification.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 36 - CHILD NUTRITION PROGRAMS › Subchapter 1 - GENERAL PROVISIONS › Section 2:36-1.12 - Meal accountability

Current through Register Vol. 56, No. 14, July 15, 2024
Sponsors shall count and record daily, at the point of service, the number of meals/snacks or milks served by category (free, reduced price and paid).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 48 - GENERAL PROVISIONS › Subchapter 1 - MARKETING AREAS › Section 2:48-1.1 - Marketing areas defined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The milk marketing areas in the State of New Jersey shall be and hereby are defined as follows.
1. North Jersey shall include those areas of New Jersey included in:
i. The counties of Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean (except the boroughs of Barnegat Light, Beach Haven, Harvey Cedars, Ship Bottom, Surf City and Tuckerton, and the townships of Eagleswood, Lacey, Little Egg Harbor, Long Beach, Ocean, Stafford and Union), Passaic, Somerset, Sussex, Union and Warren;
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 48 - GENERAL PROVISIONS › Subchapter 2 - PROHIBITION OF FALSE, MISLEADING OR UNFAIR ADVERTISEMENTS OF MILK AND MILK PRODUCTS › Section 2:48-2.1 - Advertising of milk and milk products

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be an unfair trade practice and unlawful for any licensee of the Division of Marketing and Development to directly or indirectly publish, promulgate, or distribute any false, misleading, or unfair advertisements through any form of advertising medium, or to make any misrepresentation which has the effect of deceiving, defrauding, or confusing consumers pertaining to the quality of his milk and milk products or the quality of the product of any other licensee.
(b) Any licensee offering milk products for sale to consumers in this State shall not represent such products as being milk unless such product meets the standards for milk as defined in the laws governing the production, handling and distribution of milk, cream and milk products in the State of New Jersey (see 24:10-57.1 et seq., as amended, and N.J.A.C. 8:21-10 ).
(c) Advertising copy (including lettering of all sizes and kinds) designed to induce customers to purchase milk or milk products shall include the product name shown on the label of the milk products container and if such advertisement term includes the word "milk," it shall not be any larger or of a different color than the other parts of the product name. Copies of all advertisement media must be included with the request to conduct a sales promotion, including, but not limited to, "cents off," "Bonus Card" or "refund" promotions, according to 2:48-4.1.
(d) Milk products referred to in this regulation shall mean those milk products defined in 24:10-57.1 et seq. and N.J.A.C. 8:21-10.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 48 - GENERAL PROVISIONS › Subchapter 3 - REPORTS › Section 2:48-3.1 - Confidentiality of reports and records by dealers, processors, subdealers and stores

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey Department of Agriculture will hold confidential any information obtained while implementing the rules set forth in this chapter, which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 CFR Part 205.501 and 205.504 or the Open Public Records Act, 47:1A-1 et seq., subject to the limitations set forth therein.
(b) The confidential reports and records referred to herein include, but shall not be limited to, financial data submitted in support of license applications, records and reports of purchases and sales of milk and milk products, prices at which such products are sold, the cost of processing and distributing such milk and milk products, audit work papers and audit reports, and any list of accounts served.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 48 - GENERAL PROVISIONS › Subchapter 4 - RESTRICTIONS ON THE USE OF COUPONS IN MILK PROMOTION › Section 2:48-4.1 - Coupons for milk restricted

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be unlawful and a violation of these regulations for any licensee directly or indirectly through an entity associated in any way with the licensee to print or cause to be printed any "cents off," "Bonus Card Program" or "refund" coupon in any newspaper or other advertising media (including the milk container) which is redeemable either directly or indirectly through a third party by the consumer upon his purchase of any milk or fluid milk product unless prior written permission is granted by the Division of Marketing and Development to conduct such programs. All documentation concerning, but not limited to, "cents off," "Bonus Card Program" or "refund" promotions must be submitted 60 days prior to the program commencing to determine if the promotion will result in the sale of such products to be below variable cost as defined in rules of the Division, specifically N.J.A.C. 2:52-7 and 2:53-6.
(b) Any and all newspaper and advertising media (including the milk container) must also be approved by the Division of Marketing and Development prior to use in order to determine if such advertisement is false and misleading and conforms to 2:48-2.1(c).
(c) The information to be submitted to the Department, pursuant to (a) and (b) above, shall be sent to the Coordinator, Dairy Program and Enforcement, New Jersey Department of Agriculture, Division of Marketing and Development, PO Box 330, Trenton, NJ 08625-0330.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 48 - GENERAL PROVISIONS › Subchapter 4 - RESTRICTIONS ON THE USE OF COUPONS IN MILK PROMOTION › Section 2:48-4.2 - Unlimited use of coupons by National Dairy Promotion Board permitted

Current through Register Vol. 56, No. 14, July 15, 2024
(a) It shall be lawful for the National Dairy Promotion Board of any state dairy promotion council to offer "cents off" or "refund" coupons on milk containers or any other medium for the promotion of dairy products including fluid milk, if the following conditions are met:
1. The cost of the coupon and the redemption thereof is borne entirely by the promotional organizations; and
2. The coupons are offered without limitations on all milk sold in the State of New Jersey.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 48 - GENERAL PROVISIONS › Subchapter 4 - RESTRICTIONS ON THE USE OF COUPONS IN MILK PROMOTION › Section 2:48-4.3 - Unlimited use of coupons in restaurant promotions permitted

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be lawful for any promotional organization or milk processing dealer to enter into promotional arrangements with restaurant owners where coupons are used for promoting the sale of fluid milk or fluid milk products for consumption on the premises.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 49 - RESERVED

Current through Register Vol. 56, No. 14, July 15, 2024
AUTHORITY:
Unless otherwise expressly noted, all provisions of this chapter were adopted pursuant to authority of N.J.S.A. 4:12A-1 et seq. and were filed and became effective prior to September 1, 1969. Revisions which deleted the entire text of this chapter were filed on November 15, 1976, as R.1976 d.359 to become effective on January 1, 1977. See: 8 New Jersey Register 450(b), 8 New Jersey Register 542(c).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 1 - NOTICE TO DEALERS BY DAIRY FARMERS › Section 2:50-1.1 - Dairy farmers notice to dealers of intent to discontinue sales of milk

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before a dairy farmer selling milk to New Jersey dealers may discontinue selling milk to such dealer, he or she shall give the dealer at least 28 days written notice of his or her intent to discontinue such sale.
(b) The notice of discontinuance shall be sent to the dealer by letter or on forms supplied by the Division of Marketing and Development (Division). A copy of such letter or form shall be filed with the Division of Marketing and Development and the 28-day period shall begin on the date such notice is received by the Division.
(c) The notice shall not be required from dairy farmers shipping to a cooperative association of which they are a member or when the termination is mutually agreeable to the dealer and the dairy farmer, provided that the Division of Marketing and Development is notified by both parties in advance of the change.
(d) The notice shall not be required for dairy farmers shipping to dealers who fail to make full payment in the time and manner required by joint orders of the Division of Marketing and Development and the United States Department of Agriculture.
(e) Upon written request by a dairy farmer or cooperative association, the notice provisions of this subchapter may be waived by the Secretary of the Department of Agriculture (Secretary) upon a finding of the following:
1. Compliance with the notice provision at (a) above would adversely impact the dairy industry in New Jersey;
2. Reasonable belief that dealer will fail to make payment to dairy farmers or cooperative associations based on dealer's failure to make timely payments to other dairy farmers or cooperative associations in New Jersey or other jurisdictions;
3. Filing of notice of bankruptcy by the New Jersey dealer; or
4. A reasonable belief that there is a risk of interruption in the availability of an adequate supply of fresh, wholesome milk to consumers, as required by the Milk Control Act of 1941, N.J.S.A. 4A:12-1et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 2 - NOTICE TO DAIRY FARMERS BY DEALERS › Section 2:50-2.1 - Dealer notice to dairy farmers of intent to discontinue purchase of milk

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before a dealer purchasing milk from New Jersey dairy farmers may discontinue such purchase, he or she shall give the dairy farmer(s) at least 28 days written notice of his or her intent to discontinue such purchase.
(b) The notice of discontinuance shall be sent to the dairy farmer and a copy filed with the Division of Marketing and Development on forms supplied by the Division for this purpose. The 28-day notice period shall begin on the day that such notice is received by the Division of Marketing and Development.
(c) The notice shall not be required for a dealer to temporarily discontinue purchasing milk from a dairy farmer whose milk does not meet the quality standards of the appropriate health authority or when the termination is mutually agreeable to the dealer and the dairy farmer, provided that the Division of Marketing and Development is notified by both parties in advance of the change.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 2 - NOTICE TO DAIRY FARMERS BY DEALERS › Section 2:50-2.2 - Dealer to report names of new or discontinued dairy farmers

Current through Register Vol. 56, No. 14, July 15, 2024
A milk dealer purchasing milk from New Jersey dairy farmers shall send a notice to the Division of Marketing and Development of any new dairy farmer(s) and of any dairy farmer(s) discontinuing to sell milk to the dealer. Such information shall be filed monthly on or before the 10th day of each month.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 3 - MEASURING AND SAMPLING OF MILK FROM FARM BULK TANKS › Section 2:50-3.1 - Applicant for weigher and sampler certificate to pass examination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before a person shall be approved by the Secretary of the Department of Agriculture, or authorized representative, to be competent to weigh, measure, and sample milk and cream pursuant to the provisions of N.J.S.A. 4:12-41.5, said person shall satisfactorily complete an examination to be conducted by the Secretary, or authorized representative. The examination shall consist of both a written test and satisfactory demonstration of proper performance of the actual weighing or measuring and sampling techniques herein required.
(b) Failure to satisfactorily complete the written test shall make the applicant ineligible for the performance test, but failure to satisfactorily complete the performance test shall not require the applicant to be reexamined for the written test. Reexamination for either the written test or the performance test shall be made at the request of the applicant to the Secretary, or authorized representative, orally or, in writing, and will be given as soon as practicable at a time and place mutually agreeable to the Secretary, or authorized representative, and the applicant.
(c) Upon the satisfactory completion of the examination, a certificate shall be issued to the applicant. Certificates shall be issued for the fiscal year ending June 30. Certificates, when renewed, shall be renewed for a period of two years. As a condition to renewal of the certificate, the Secretary may require attendance at a refresher course designed to train milk samplers in proper procedures and techniques of weighing, measuring, and sampling milk.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 3 - MEASURING AND SAMPLING OF MILK FROM FARM BULK TANKS › Section 2:50-3.2 - Milk weighing, measuring, and sampling procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Weighing, measuring, and sampling milk should be performed pursuant to the procedures as set forth in the current "Standard Methods for Examination of Dairy Products," published by the American Public Health Association, Inc., and, at a minimum, shall include the following:
1. Before starting the agitator, carefully insert a clean, dry measuring stick, seating fully; withdraw and read to the nearest 1/32 inch. Record the measurement, weight, temperature, time of pickup, date, and producer's name, and number. One copy of the weight ticket shall be left with the producer;
2. Agitate for not less than five minutes and longer, if necessary, to disperse the butterfat uniformly throughout the tank.
i. The person holding the weigher and sampler certificate issued by the Division of Marketing and Development shall be responsible for ascertaining that the milk is agitated for not less than five minutes and should periodically check the tank timer to determine whether it may be used as a guide; and
ii. It is suggested that each truck carry a timing device that may be used for timing the agitation; and
3. After milk has been agitated for at least five minutes with agitator running and before the outlet is open, take a universal sample. The sample shall be taken with a properly cleaned and sanitized stainless-steel dipper that is first dipped two or three times into the milk. This sample shall be at least one ounce (30 cubic centimeters). If composite samples are taken, on every day pickup, a 10 cubic centimeter dipper of milk shall be added to the composite daily. On every other day pickup, a 20 cubic centimeter sample shall be added to the composite at each pickup.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 3 - MEASURING AND SAMPLING OF MILK FROM FARM BULK TANKS › Section 2:50-3.3 - Maintenance of milk samples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each bulk tank truck used for farm pickup must be equipped with a sanitary compartment to hold the insulated sample case. This compartment must have a lock or the sample case itself must have a lock.
(b) The butterfat sample case must be kept locked at all times, unless under the direct supervision of the certified sampler.
(c) The insulated case shall have a rack which holds the sample container upright, and when bottles are used, a cover that rests on the sample bottle stoppers.
(d) The bottle stoppers shall be of the hooded plug type or of a type which gives equivalent protection from moisture entering the bottle.
(e) Each sample case shall contain one bottle filled with water for use in temperature checks.
(f) The temperature of butterfat samples shall be maintained at between 33 and 55 degrees Fahrenheit.
(g) The temperature of the bacteriological samples should be maintained at between 32 and 40 degrees Fahrenheit.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 3 - MEASURING AND SAMPLING OF MILK FROM FARM BULK TANKS › Section 2:50-3.4 - Additional methods for the determination of butterfat of milk or cream

Current through Register Vol. 56, No. 14, July 15, 2024
The Secretary shall approve the use of the automated light scattering method as set forth in "Official Methods of Analysis of the Association of Official Analytical Chemist," the 17th edition, 2000, Section 33.2.31, incorporated herein by reference, as amended and supplemented.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 4 - PREMIUMS AND OTHER PAYMENTS TO PRODUCERS › Section 2:50-4.1 - 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, unless the context clearly indicates otherwise:
"Department" means the New Jersey Department of Agriculture.
"Director" shall mean the Director of the Division of Marketing and Development for the New Jersey Department of Agriculture.
"Licensee" means any New Jersey processor required to be licensed pursuant to N.J.S.A. 4:12-2 and 4:12A-28.
"New Jersey processor" means any person, firm, partnership, association, or corporation who cans, freezes, dries, or otherwise preserves or processes, handles, hauls, carries, transports, or distributes New Jersey-produced milk and who is licensed pursuant to N.J.S.A. 4:12-2.
"New Jersey-produced milk" means milk produced by a New Jersey producer.
"New Jersey producer" means any person or entity meeting the definition of producer at N.J.S.A. 4:12-1.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 4 - PREMIUMS AND OTHER PAYMENTS TO PRODUCERS › Section 2:50-4.2 - Payments for a fuel adjustment add-on

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensees shall pay to a New Jersey producer a fuel adjustment add-on for all New Jersey produced milk, which shall be calculated monthly by the Director in accordance with (b) below. The new fuel adjustment add-on for Class I milk will be officially announced on the Department's website at
www.state.nj.us/agriculture
the Friday before the 23rd of each month and will also be published in the New Jersey Register for the month in which the fuel adjustment add-on is effective. Should the 23rd of the month fall on a Friday, it will be announced on that day.
(b) The fuel adjustment add-on shall be calculated as follows:
1. Begin with the preceding month's diesel fuel price. The preceding month's diesel fuel price will be the price for the Central-Atlantic region as posted by the website of the Energy Information Administration of the U.S. Department of Energy,
http://tonto.eia.doe.gov/dnav/pet/pet_pri_gnd_dcus_nus_w.htm
, for the last full month prior to the month of calculation;
2. Subtract the base price of $ 1.403, which is the 2002 diesel fuel price for the Central-Atlantic region as posted on the website of the Energy Information Administration of the U.S. Department of Energy,
http://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=pet&s=emd_epd2d_pte_nus_dpg&f=m
;
3. Calculate the premium by adding three cents for each 10 cents the fuel price increases over the base price or subtracting three cents for each 10 cents the fuel price decreases. To do this, take the difference between the preceding month's price and the base price and divide by 10. Round to the nearest whole number and multiply by three; and
4. Adjust the premium calculation to reflect the existing average Class I utilization, which shall be calculated monthly. The actual average Class I utilization calculation will be announced on the Department's website at
www.state.nj.us/agriculture
on the 14th of the month for the preceding month using the preceding month's production and processing figures. If the 14th of the month falls on a weekend or holiday, it will, be announced on the next business day. The fuel adjustment add-on amount actually payable to the New Jersey producer per hundred-weight for the preceding month will also be announced on the 14th of the month.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 4 - PREMIUMS AND OTHER PAYMENTS TO PRODUCERS › Section 2:50-4.3 - Adjustment of the fuel adjustment add-on for Class I utilization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By the 10th day of each month, all licensees or their designees shall report, on forms provided by the Department for such purposes, the following information:
1. The total volume of New Jersey milk purchased for the preceding month;
2. The total amount paid to New Jersey producers pursuant to N.J.A.C. 2:50-4.2;
3. The percent of Class I utilization of the plant for the preceding month; and
4. Such other information as the Director may deem necessary for the proper calculation of the amount of the fuel adjustment add-on required to be paid by a licensee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 4 - PREMIUMS AND OTHER PAYMENTS TO PRODUCERS › Section 2:50-4.4 - Reporting and requests for assistance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All licensees must report on forms provided by the Department for such purposes, the following information by March 1, 2007, regarding their existing premium programs for New Jersey producers:
1. A list of all premiums paid to New Jersey producers under current premium programs in effect as of October 1, 2006;
2. A description of the purpose for each premium listed;
3. A description of how each premium is calculated to arrive at the amount payable to a New Jersey producer;
4. A description of any changes made to each premium program, if any, since October 1, 2006, and the reason for such change; and
5. Such other information as may be required by the Director in the administration and enforcement of N.J.A.C. 2:50-4.2 and 4.3.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 4 - PREMIUMS AND OTHER PAYMENTS TO PRODUCERS › Section 2:50-4.5 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the Department receives evidence that any licensee has changed its premium program or diverted milk to another location for the purposes of circumventing N.J.A.C. 2:50-4.2, or reducing the amount payable to a New Jersey producer pursuant to N.J.A.C. 2:50-4.2, the Director shall hold a hearing pursuant to N.J.S.A. 4:12A-35.
(b) Any licensee who has been found to have changed its premium program or diverted milk to another location for the purposes of circumventing N.J.A.C. 2:50-4.2, or reducing the amount payable to a New Jersey producer pursuant to N.J.A.C. 2:50-4.2, in violation of any of the provisions of N.J.S.A. 4:12A-35, the licensee shall be subject to the following penalties:
1. First offense: suspension of the license required pursuant to N.J.S.A. 4:12A-28, until such time as the licensee fully corrects the violation as determined by the Director.
2. Each subsequent offense: suspension of the license required pursuant to N.J.S.A. 4:12A-28, until such time as the licensee fully corrects the violation, as determined by the Director, except that after the second violation of any of the provisions at N.J.S.A. 4:12A-35 by the same licensee within a three-year period, the Director shall permanently revoke the license required pursuant to N.J.S.A. 4:12A-28.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 50 - PRODUCERS › Subchapter 5 - CONFIDENTIALITY › Section 2:50-5.1 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
The New Jersey Department of Agriculture will hold confidential any information obtained pursuant to this chapter, which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 CFR 205.501 and 205.504 or the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 1 - PROCESSORS, DEALERS AND SUBDEALERS RECORDS AND REPORTS › Section 2:52-1.1 - Books and records of account

Current through Register Vol. 56, No. 14, July 15, 2024
Every processor, dealer and subdealer shall maintain books and records, including all pertinent books, ledgers, journals, records, papers, schedules, analyses, memoranda, correspondence, vouchers, receipts, cancelled checks, accounts, exhibits, photographs, bills and other documents, including corporate minutes, Federal, State and local tax returns, and any other records required to verify financial statement as needed to ascertain the functioning, operations or activities of the licensee's business and as are necessary for a determination by the Division of Marketing and Development or its staff as to whether the licensee has complied with the applicable New Jersey statutes and rules and regulations of the division.