reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 1 - PROCESSORS, DEALERS AND SUBDEALERS RECORDS AND REPORTS › Section 2:52-1.2 - All transactions to be recorded

Current through Register Vol. 56, No. 14, July 15, 2024
Any and all transactions relating to the licensed business (including but not limited to operations, customers and suppliers) are to be paid from and/or received into the accounts of the licensed business or be clearly reflected as accruals and be clearly and accurately recorded in the books and records of the business.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 1 - PROCESSORS, DEALERS AND SUBDEALERS RECORDS AND REPORTS › Section 2:52-1.3 - Separate records for each licensed business

Current through Register Vol. 56, No. 14, July 15, 2024
Each licensed business shall maintain separate financial and other records. When requested, licensed dealers operating branches and/or subsidiaries must submit separate records pertaining to such entity for a determination by the Division of Marketing and Development as to whether the licensee's branch or subsidiary has complied with the applicable New Jersey statutes and rules.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 1 - PROCESSORS, DEALERS AND SUBDEALERS RECORDS AND REPORTS › Section 2:52-1.4 - Books and records required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The books and records shall include but not be limited to the following.
1. Daily route loadout and settlement records, including:
i. Route number, driver's name and date;
ii. Beginning inventory of saleable units and milk and milk products;
iii. Number of units of milk and milk products loaded on truck;
iv. Number of saleable units of milk and milk products;
v. Number of spoiled units of milk and milk products;
vi. Number of units of milk and milk products sold;
vii. Volume of products totalled by units or pounds;
viii. Amounts of cash and charge sales stated separately;
ix. Route collections or charge accounts listed showing customers and amounts;
x. Amount of route money short or over;
xi. Details of any expenditures made from subparagraphs viii and ix of this paragraph.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 1 - PROCESSORS, DEALERS AND SUBDEALERS RECORDS AND REPORTS › Section 2:52-1.5 - Retention of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All books and records shall be retained by the licensee for a period of three years to begin at the end of the calendar month to which such books and records pertain, subject to the following.
1. If within such three year period the Director of the Division of Marketing and Development notifies the licensee in writing that the retention of such books and records or of specified books and records is necessary in connection with a proceeding under the act or a court action specified in such notice, the licensee shall retain such books and records until further written notification from the director;
2. Daily delivery records which have been consolidated into weekly; biweekly or monthly records may be retained for only two years.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 1 - PROCESSORS, DEALERS AND SUBDEALERS RECORDS AND REPORTS › Section 2:52-1.6 - Reports required

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All processors, dealers and subdealers shall file reports on forms supplied by the Division of Marketing and Development as follows:
1. On or before the 20th day of each month for the preceding month a report of all milk and milk products purchased and sold during the month, which report shall include information as to the source of milk supplies and the destination and quantities of products sold.
i. In lieu of the monthly report of milk and milk products purchased and sold, the director may accept a copy of the report filed with the market administrator of the joint Federal-State order covering New Jersey;
ii. If milk and milk products are purchased and/or sold both within and outside the State of New Jersey, such information shall be reported separately;
iii. The director may exempt subdealers from filing the report of purchases and sales if such information is included in the report of the processor or dealer supplying the subdealer.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 1 - PROCESSORS, DEALERS AND SUBDEALERS RECORDS AND REPORTS › Section 2:52-1.7 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
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 C.F.R. Part 205.501 and 205.504 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 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 2 - DEALER NOTICE OF INTENT TO SERVE UNLICENSED STORE › Section 2:52-2.1 - Notice of intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A dealer licensee may begin selling milk and milk products to an unlicensed store (other than a government agency) upon approval by the Director as follows:
1. With a two-week notice to the present supplier and to the Division of Marketing and Development. Such notice shall be filed by the proposed new supplier on forms provided for that purpose.
2. Without notice, if the Director finds after investigation, that the supplier(s) is failing to provide adequate service or to supply products desired by the store or is supplying milk and milk products which do not meet minimum standards of the appropriate health authority.
3. Without notice, if such change is mutually agreeable to all parties.
4. Without notice, if the unlicensed store account is changing ownership, and the new owner accepts two or less deliveries of milk and milk products from the supplier. (If the new owner accepts three or more deliveries of milk and milk products from the supplier, notice shall be required.) As used herein "changing ownership" must be a bona fide transfer of title to the new owner(s). Transfers of title to another member of the owner's immediate family or partial change of ownership shall not be considered a change of ownership for purposes of this regulation.
5. Without notice, if the authorized supplier transfers the account to another supplier; however, if the unlicensed store is notified in writing of the transfer and accepts three deliveries from the new supplier after the date the written notice is received by the unlicensed store, notice shall be required.
6. Without notice if yogurt is the only product involved.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 2 - DEALER NOTICE OF INTENT TO SERVE UNLICENSED STORE › Section 2:52-2.2 - Commencement of the two-week period and approval

Current through Register Vol. 56, No. 14, July 15, 2024
The two-week period referred to in 2:52-2.1(a)1  shall commence upon receipt of the form in the office of the Division of Marketing and Development. All parties to the change shall be notified of any approval or denial within the two-week period except that if the Director determines that there is probable cause that the offer to serve a new customer is below cost and in violation of the Milk Control Act, action on the notice may be delayed pending investigation and/or cost analysis.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 3 - DEALER NOTICE OF INTENT TO CHANGE SOURCE OF SUPPLY › Section 2:52-3.1 - Change in source of supply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A dealer may change his source of supply or engage an additional source of supply of milk and milk products upon approval by the Director as follows:
1. With a two week notice to the present supplier(s) and to the Division of Marketing and Development. Such notice shall be filed by the dealer making the change on forms provided for that purpose.
2. Without notice if the Director finds after investigation that the supplier(s) is failing to provide adequate service or to supply products desired by the dealer requesting the change or is supplying milk and milk products which do not meet minimum standards of the appropriate health authority.
3. Without notice, if such change is mutually agreeable to all parties.
4. Without notice, if the business is changing ownership, and the new owner accepts two or less deliveries of milk or milk products from the supplier. (If the new owner accepts three or more deliveries of milk and milk products from the supplier, notice shall be required.) As used herein "changing ownership" must be a bona fide transfer of title to the new owner(s). Transfers of title to another member of the owner's immediate family or partial change of ownership shall not be considered a change in ownership for purposes of this regulation.
5. Without notice, if the authorized supplier transfers the account to another supplier; however, if the licensed dealer is notified in writing of the transfer and accepts three deliveries from the new supplier after the date the written notice is received by the dealer, notice shall be required.
6. Without notice if yogurt is the only product involved.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 3 - DEALER NOTICE OF INTENT TO CHANGE SOURCE OF SUPPLY › Section 2:52-3.2 - Commencement of the two-week period and approval

Current through Register Vol. 56, No. 14, July 15, 2024
The two-week period referred to in 2:52-2.1(a)1  shall commence upon receipt of the form in the office of the Division of Marketing and Development. All parties to the change shall be notified of any approval or denial within the two-week period except that if the Director determines that there is probable cause that the offer to serve a new customer is below cost and in violation of the Milk Control Act, action on the notice may be delayed pending investigation and/or cost analysis.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 4 - PROCESSOR, DEALER OR SUBDEALER NOTICE TO STOP SERVING › Section 2:52-4.1 - Notice to wholesale customers of discontinuance of service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Before a processor, dealer or subdealer licensee may discontinue selling any milk, cream or milk products to a dealer, subdealer, licensed store or unlicensed store (other than a governmental agency), the licensee shall notify the customer and the director, in writing, of his intent to discontinue service at least two weeks prior to the proposed date of discontinuance.
(b) Such two week notice shall not be required if the customer releases the supplier in writing and a copy of such release is sent to the Division of Marketing and Development.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 7 - SALES BELOW COST; DEALER › Section 2:52-7.1 - Sales below variable cost prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be unlawful and a violation of these rules for any dealer licensee to directly or indirectly be a party to, or assist in, any transaction to sell or offer to sell milk and milk products within the State of New Jersey, or for sale in the State of New Jersey, at less than the variable cost thereof as defined in 2:52-7.2; but nothing in this section shall prevent a dealer from meeting the price or offer of a competitor for a product or products of like quality and nature in similar quantities; provided, however, that the burden of proving and properly documenting the meeting of a competitive price shall rest with the licensee asserting the claim.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 7 - SALES BELOW COST; DEALER › Section 2:52-7.2 - Variable cost defined

Current through Register Vol. 56, No. 14, July 15, 2024
The term "variable cost" as used in this subchapter shall include, but not be limited to, the basic cost of raw or reconstituted milk or derivatives thereof as determined in accordance with the joint State-Federal orders administered by the Division of Marketing and Development and the United States Department of Agriculture in the State of New Jersey; the cost of any added ingredients; and all other variable costs associated with the business of the dealer including the cost of material, labor, receiving, cooling, processing, manufacturing, storing and distributing the products sold; selling expense, maintenance charges, delivery expense, gifts, and free service allocated proportionately to each unit of product sold in accordance with generally accepted accounting principles. The proportioned allocation may be adjusted to reflect efficiencies in packaging different sized containers. Not included in these costs are office expense, salaries of executives and officers, interest, rent, depreciation, license fees, taxes, insurance, advertising, and advertising allowances.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 7 - SALES BELOW COST; DEALER › Section 2:52-7.3 - Certain costs to be averaged

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In computing cost as used in this subchapter, all variable costs of doing business with the exception of raw products and ingredient costs shall be based on average costs for the dealer in question during the previous 12 months, adjusted to appropriately reflect any significant changes in costs of operation in the averaging period or such shorter time as the licensee may have been in business.
(b) In determining cost for a specific account, the value of any gifts and free services must be included in cost to be averaged for the 12-month period, except where a written contract for a specified term exists between the dealer and the recipient customer, the value of such gifts and free services may be amortized over the remaining term of the contract.
(c) All costs of delivery shall be based on average variable costs for the dealer in question during the previous 12 months and allocated proportionately to each unit of product delivered except where specific delivery cost records are maintained for each method and size of delivery, the actual direct cost of the delivery shall be the basis of the allocation and shall be prorated to each unit of product included in the delivery.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 7 - SALES BELOW COST; DEALER › Section 2:52-7.4 - Raw milk costs defined

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the cost for raw and the reconstituted milk shall be the total cost of acquiring the milk or butterfat, or milk solids-not-fat, but shall not be less than the applicable class I price as determined by the Federal Milk Market Administrator's office Federal Order Number 1 (Northeast Marketing area). The order differential zone used in the calculation will be the New York, NY selected location as determined by the United States Department of Agriculture.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 52 - PROCESSORS, DEALERS AND SUBDEALERS › Subchapter 7 - SALES BELOW COST; DEALER › Section 2:52-7.5 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
The Director shall enforce the provisions of this subchapter by proceeding pursuant to 4:12A-39 (monetary penalties) or 4:12A-44 (actions to restrain violations). Proceedings to revoke or suspend, or to refuse to renew, the license of any milk dealer who violates the provisions of this subchapter may be commenced by the Director where the licensee has continued in a course of dealing of such nature to satisfy the Director of that dealer's inability or unwillingness properly to conduct the business of receiving or selling milk in accordance with the provisions of the Milk Control Act, 4:12A-1 et seq. Such proceedings shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 53 - STORES › Subchapter 2 - PRICE POSTING › Section 2:53-2.1 - Price posted in store

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every licensed store shall post at the milk display case a current price list showing all the prices at which it will sell milk and milk products.
(b) The price posting shall be so placed in the store that it may be readily seen and read by all customers purchasing milk or milk products.
(c) Prices legibly marked on the individual containers of each and every package of milk or milk products offered for sale will be deemed as compliance with this provision.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 53 - STORES › Subchapter 5 - STORE RECORDS AND REPORTS › Section 2:53-5.1 - Store books of record and account

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every store selling milk or milk products shall maintain such books and records, including records of any and all transactions relating to the licensee's business as are necessary for a determination by the Division of Marketing and Development that the store has complied with the applicable statutes and rules and regulations of the Division. These records shall include, but not be limited to, the following:
1. A purchase record including a detailed daily record of all purchases of milk and milk products showing the supplier's name and number of units and prices of all products with the value of each product extended and totaled;
2. A record of rebates, discounts or allowances received, directly or indirectly, from suppliers of milk and milk products;
3. A record of equipment, loans or other items of value received or purchased from suppliers of milk and milk products with applicable documentation;
4. A detailed daily record of all payments to suppliers of milk and milk products, directly or indirectly, for loans, purchases or leases of equipment, or any other purchases;
5. A record and documentation for any agreement, arrangement, contract or common understanding with any other division licensee;
6. All books and records shall be retained at the store or other convenient location within the State of New Jersey for a period of three years to begin at the end of the calendar month to which such books and records pertain; provided that, if within such three-year period the Director of the Division of Marketing and Development notifies the store in writing that the retention of such books and records, or of specified books and records, is necessary in connection with a proceeding under the act or a court action specified in such notice, the store shall retain such books and records until further written notice from the Director:
i. A store may maintain its books and records outside the State of New Jersey by notifying the director in writing and by agreeing in writing to make such records available for inspection and audit as if the records were physically located within this State.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 53 - STORES › Subchapter 5 - STORE RECORDS AND REPORTS › Section 2:53-5.2 - Reports by stores

Current through Register Vol. 56, No. 14, July 15, 2024
Every store selling milk or milk products shall file such reports as the director may require in the administration and enforcement of 4:12A-1 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 53 - STORES › Subchapter 5 - STORE RECORDS AND REPORTS › Section 2:53-5.3 - 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 Part 205.501 and 205.504 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 53 - STORES › Subchapter 6 - SALES BELOW COST; STORES › Section 2:53-6.1 - Sales below variable cost prohibited

Current through Register Vol. 56, No. 14, July 15, 2024
It shall be unlawful and a violation of this subchapter for any licensed store to offer for sale or sell milk or milk products at less than the variable cost thereof as defined in 2:53-6.2; but nothing in this section shall prevent a store from meeting the price or offer of a competitor for a product or products of like quality sold in similar quantities; provided, however, that the burden of proving and properly documenting the meeting of a competitive price shall rest with the licensee asserting the claim.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 53 - STORES › Subchapter 6 - SALES BELOW COST; STORES › Section 2:53-6.2 - Variable cost defined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as hereinafter provided, the term "variable cost" as used in this subchapter shall include the net invoice cost of the milk and milk products plus all other variable costs related to the sale of milk and milk products. Such costs will be determined in accordance with generally accepted accounting principles and be allocated proportionately to each unit of product sold. These costs shall include labor, receiving, cooling, storing, selling, distributing, maintenance, delivery, gifts, and free service allocated to each unit of product sold. Not included in these costs are salaries of those engaged in administrative functions, office expenses, interest, rent, depreciation, license fees, taxes, insurance and advertising.
(b) In the absence of proof of a smaller amount, a store may add (as a proxy for total variable cost) five percent of the net invoice cost to determine the lawful selling price for milk and milk products. Also, pursuant to 2:53-6.1, a store may meet any price or offer of a competitor.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 53 - STORES › Subchapter 7 - NOTICE OF INTENT TO CHANGE SOURCE OF SUPPLY › Section 2:53-7.1 - Notice of intent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As used in this section, "supplier of record" shall mean any supplier of milk or milk products from whom a licensed store has accepted three or more deliveries of milk or milk products.
(b) A licensed store may change its supplier of record or engage an additional supplier of milk and milk products once it has complied with the following requirements:
1. A store shall pay all indebtedness, less any legal rebates and discounts earned, for fluid milk and milk products purchased from the supplier of record.
2. A store shall give the supplier of record at least 48 hours actual notice of intent to change suppliers. Actual notice shall be given in writing reasonably calculated to be received 48 hours prior to the date and time of the effective date as stated in the notice. Unless the store gives at least 48 hours prior notice to its supplier of record, the store shall not refuse to accept the next scheduled delivery from the supplier of record.
3. Notice to the supplier of record is not required in the following circumstances:
i. If the Director of the Division of Marketing and Development of the Department of Agriculture finds after investigation that the supplier of record is failing to provide adequate service or to supply products desired by the store or is supplying milk and milk products which do not meet minimum standards of State and Federal health authorities;
ii. If such change is mutually agreeable to all parties;
iii. If the licensed store account is changing ownership, and the new owner accepts two or less deliveries of milk and milk products from the supplier of record. (If the new owner accepts three or more deliveries of milk and milk products from the supplier of record, notice shall be required.) As used herein "changing ownership" must be a bona fide transfer of title to the new owner(s). Transfers of title to another member of the owner's immediate family or partial change of ownership shall not be considered a change of ownership for purposes of this section;
iv. If the supplier of record transfers the account to another supplier of milk and milk products; however, if the licensed store is notified in writing of the transfer and accepts three or more deliveries from the new supplier of milk and milk products after the date the written notice is received by the licensed store, notice shall be required; or
v. If yogurt is the only product involved.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 55 - SCHOOL MILK PURCHASE REGULATIONS › Subchapter 1 - DEFINITIONS › Section 2:55-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Agreement" means the agreement required by 18A:18A-6.
"Association of producers" means an association engaged in the business of selling or distributing fresh milk, qualified to do business in the State of New Jersey and whose membership includes at least one New Jersey producer.
"Board" means board of education of any school district in the State of New Jersey.
"Department" means the New Jersey Department of Agriculture.
"Fresh milk" means the natural product of a dairy animal or animals produced by New Jersey producers or associations of producers and includes fluid milk and cream, whole milk, skim milk, low fat milk, fortified whole or skim milk, buttermilk, flavored milk, any milk drink, cream and mixtures of milk and cream, all of which products are considered in the trade as "fluid milk."
"New Jersey producers" means any person engaged in the business of producing milk in New Jersey.
"Person" means any individual, corporation, business, partnership, association, cooperative, limited liability company, or other legal entity.
"School milk" means all milk sold to boards which is intended for direct consumption and shall include fluid milk and cream, whole milk, skim milk, low fat milk, fortified whole or skim milk, buttermilk, flavored milk, any milk drink, cream and mixtures of milk and cream, all of which products are considered in the trade as "fluid milk."
"Secretary" means Secretary of Agriculture of the State of New Jersey or his or her designee.
"Vendor" means any person who sells or offers to sell school milk to any board as defined in this section including, but not limited to, any person required to be licensed pursuant to 4:12-2 or 4:12A-28.
"Year" means the school year during which school milk is offered to be sold or sold to a "board" as defined in this section.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 55 - SCHOOL MILK PURCHASE REGULATIONS › Subchapter 2 - REPORTS › Section 2:55-2.1 - Reports by boards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) On or before September 1 of each year, the Secretary shall send each board a form inquiring as to whether the board has purchased or will be purchasing school milk for the year. The board must fill out the form and return it to the Department within 15 days of receipt.
(b) For all contracts entered into for the purchase of school milk from and after the effective date of this chapter, each board shall file a copy of the agreement with the Secretary before the effective date of the contract or within 15 days after the agreement is signed, whichever occurs first. Such copy may be a facsimile, a photocopy or a certified copy of the original on file in the office of the board.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 55 - SCHOOL MILK PURCHASE REGULATIONS › Subchapter 2 - REPORTS › Section 2:55-2.2 - Reports by vendors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For all contracts entered into for the purchase of school milk from and after the effective date of this chapter all vendors shall notify the Secretary of such contract before the effective date of the contract or within 15 days after the contract is awarded, whichever occurs first. Notification to the Secretary shall include a list of all schools to be served and a list of the boards with whom the vendor has entered into contract for the supply of school milk.
(b) All vendors shall file verified monthly reports on forms provided by the Department detailing the amount of fresh milk purchased from any source, the amount of school milk sold to schools during the preceding month, and the amount of fresh milk transferred during the month and to whom it was transferred. Such reports shall be filed to reach the Office of the Secretary on or before the 20th day of the month following the month for which the report is prepared. Such reports shall be on forms prescribed and furnished by the Secretary.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 55 - SCHOOL MILK PURCHASE REGULATIONS › Subchapter 2 - REPORTS › Section 2:55-2.3 - Reports by associations of producers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Associations of producers shall determine the amount of fresh milk received and shall report sales of such milk to vendors each month.
(b) Such report shall be in addition to any other reports required to be filed by the Milk Control Act of the State of New Jersey, 4:12A-1 et seq.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 55 - SCHOOL MILK PURCHASE REGULATIONS › Subchapter 2 - REPORTS › Section 2:55-2.4 - Confidentiality of reports

Current through Register Vol. 56, No. 14, July 15, 2024
The New Jersey Department of Agriculture will hold confidential any information obtained pursuant to 2:55-2.1 through 2.3 that 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, 47:1A-1 et seq., subject to the limitations set forth therein.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 55 - SCHOOL MILK PURCHASE REGULATIONS › Subchapter 3 - ALLOCATION OF MILK FROM NEW JERSEY PRODUCERS › Section 2:55-3.1 - Computations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining whether a vendor complied with the requirement to purchase fresh milk from the New Jersey producers or associations of producers, the following computations shall be made for each month during the year:
1. Compute the total amount of school milk sold to all boards subject to the provisions of 18A:18A-6 by each vendor;
2. Compute the total fresh milk purchased by each vendor during the month by adding the total amount of fresh milk received by the vendor from all sources; and
3. Subtract the pounds of school milk sold by each vendor to all boards from the pounds of fresh milk purchased. Any plus amount represents the maximum amount that the vendor could transfer to other vendors during the month for use in meeting the requirements of 18A:18A-6 and this chapter for the purchase of fresh milk, but any such amount may not be credited against transfers to other vendors in subsequent months.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 55 - SCHOOL MILK PURCHASE REGULATIONS › Subchapter 3 - ALLOCATION OF MILK FROM NEW JERSEY PRODUCERS › Section 2:55-3.2 - Allocation to associations of producers

Current through Register Vol. 56, No. 14, July 15, 2024
Any fresh milk sold to a vendor by an association of producers must be fresh milk received by the association of producers during the month within which it was sold.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 55 - SCHOOL MILK PURCHASE REGULATIONS › Subchapter 4 - PROOF OF UNAVAILABILITY OF MILK › Section 2:55-4.1 - Burden of proof

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The burden of proving that fresh milk was not available to comply with the agreement may be met in either of the following ways:
1. By demonstrating that the total sales of school milk to New Jersey school boards by all vendors for the month was in excess of the total amount of fresh milk produced and detailing the efforts made throughout the month to acquire fresh milk; or
2. By advising the Secretary in writing on a month-by-month basis that fresh milk was not available from any source and detailing the efforts made throughout the month to acquire fresh milk.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 55 - SCHOOL MILK PURCHASE REGULATIONS › Subchapter 4 - PROOF OF UNAVAILABILITY OF MILK › Section 2:55-4.2 - Responsibility of Secretary

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of a report pursuant to 2:55-4.1(a)1  or 2, the Secretary shall verify that fresh milk was not available and shall notify the vendor of the Secretary's finding.
(b) A finding by the Secretary that fresh milk was available shall void the offer of proof by the vendor, and shall constitute a failure to acquire sufficient fresh milk to comply with the agreement in violation of 18A:18A-6 and this chapter.
(c) The requirement to pay reasonable handling charges above the Class I price shall not be considered by the Secretary in determining unavailability of fresh milk.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 55 - SCHOOL MILK PURCHASE REGULATIONS › Subchapter 5 - EFFECT OF DEALER'S FAILURE TO ACQUIRE NEW JERSEY-PRODUCED MILK › Section 2:55-5.1 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any vendor who fails to acquire enough fresh milk to satisfy the requirements of 18A:18A-6 and this chapter shall be subject to a penalty of no less than $ 100.00 or more than $ 500.00 per day for each day of noncompliance.
(b) No penalties will be assessed if the Secretary determines, in accordance with 2:55-4.2, that the vendor has satisfied the burden of proof as to the unavailability of fresh milk as set forth in 2:55-4.1.
(c) The Secretary shall make the initial determination as to whether a violation of 18A:18A-6 and this chapter has occurred and what penalty should be assessed pursuant to (a) above.
(d) Any vendor who is aggrieved by the determination of the Secretary pursuant to this section shall, upon written request transmitted to the Department within 20 days of the penalty assessment, 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.
(e) Pursuant to 18A:18A-6, actions to enforce the provisions of this section may be brought by and in the name of the Secretary against any person that fails to comply with the requirements of 18A:18A-6 or this chapter. Any penalties assessed pursuant to (a) above shall be recovered by and in the name of the Secretary and shall be paid to the school district named in the proceeding.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 56 - DAIRY LICENSING FEES AND PENALTIES › Subchapter 1 - DAIRY LICENSING FEES › Section 2:56-1.1 - Licensing fees of dealers who buy for shipment, sale, resale, or manufacture

Current through Register Vol. 56, No. 14, July 15, 2024
Persons licensed pursuant to NJ.S.A. 4:12-2 shall, in compliance with all other provisions of N.J.S.A. 4:12-3, pay a license fee of $ 100.00. This fee will supersede the fee required by N.J.S.A. 4:12-3.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 56 - DAIRY LICENSING FEES AND PENALTIES › Subchapter 1 - DAIRY LICENSING FEES › Section 2:56-1.2 - Licensing fees to operate as a milk dealer or store

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons licensed pursuant to N.J.S.A. 4:12A-33shall, in compliance with all other provisions of N.J.S.A. 4:12A-36pay a yearly license fee, as follows:
1. Stores selling 500 quart equivalents or less per week: $ 30.00;
2. Stores selling 501 to 1,500 quart equivalents per week: $ 60.00;
3. Stores selling 1,501 to 3,000 quart equivalents per week: $ 90.00;
4. Stores selling 3,001 quart equivalents or more per week: $ 120.00.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 56 - DAIRY LICENSING FEES AND PENALTIES › Subchapter 2 - DAIRY PENALTIES FOR VIOLATIONS › Section 2:56-2.1 - Penalties for unlicensed dealers who buy for shipment, sale, resale or manufacture

Current through Register Vol. 56, No. 14, July 15, 2024
Any person who shall conduct the business of buying milk or cream pursuant to 4:12-2, without being licensed to do so, shall be liable to a penalty of $ 50.00 for the first offense and $ 100.00 for the second and each subsequent offense. In accordance with 4:12-19, each day's receipts of milk will constitute a separate violation, to be sued for and recovered in a civil action by and in the name of the Department. This penalty amount will supersede the penalty amounts set forth by 4:12-19 as of July 21, 2003.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 56 - DAIRY LICENSING FEES AND PENALTIES › Subchapter 2 - DAIRY PENALTIES FOR VIOLATIONS › Section 2:56-2.2 - Penalties for violation of Act (N.J.S.A. 4:12A-1 et seq.)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who shall violate any of the provisions of 4:12A-1 et seq. or the orders, rules and regulation of the Director as adopted from time to time shall, pursuant to 4:12A-39, be deemed guilty of a violation and shall pay a penalty of not more than $ 100.00 for the first offense and not more than $ 400.00 for the second, or each subsequent, offense. These penalty amounts supersede the penalty amounts set forth by 4:12A-39 as of July 21, 2003.
(b) A distributor who shall be in violation of 4:12A-57 shall be liable to a penalty of $ 2,000. This penalty amount shall supersede the penalty amount set forth by 4:12A-57 as of July 21, 2003.
(c) Any person in violation of 4:12A-63 et seq., the Milk Case Recovery Act, shall be subject to a fine of up to $ 200.00 for the illegal possession of up to nine milk cases and not less than $ 200.00 nor more than $ 1,000 or imprisonment for up to 30 days, or both, for the illegal possession of any greater number of milk cases. These penalty amounts shall supersede the penalty amounts set forth in 4:12A-69 as of July 21, 2003.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 68 - COMMERCIAL FEEDING STUFFS › Subchapter 1 - ASSOCIATION STANDARDS › Section 2:68-1.1 - General rules and regulations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department of Agriculture adopts and incorporates by reference the general rules and regulations set forth in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.
1. Definitions and Terms.
2. Label Format.
3. Label information.
4. Expression of Guarantees.
5. Substantiation of Nutritional Suitability.
6. Ingredients.
7. Directions for Use and Precautionary Statements.
8. Non-Protein Nitrogen.
9. Drug and Feed Additives.
10. Adulterants.
11. Good Manufacturing Practices.
12. Certain Mammalian Proteins Prohibited in Ruminant Feed.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 68 - COMMERCIAL FEEDING STUFFS › Subchapter 1 - ASSOCIATION STANDARDS › Section 2:68-1.2 - Uniform interpretation and policy

Current through Register Vol. 56, No. 14, July 15, 2024
The Department of Agriculture adopts and incorporates by reference the uniform interpretation and policy as set forth in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 68 - COMMERCIAL FEEDING STUFFS › Subchapter 1 - ASSOCIATION STANDARDS › Section 2:68-1.3 - Glossary; official feed terms

Current through Register Vol. 56, No. 14, July 15, 2024
The Department of Agriculture adopts and incorporates by reference the glossary of official feed terms as set forth in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 68 - COMMERCIAL FEEDING STUFFS › Subchapter 1 - ASSOCIATION STANDARDS › Section 2:68-1.4 - Medicated feeds

Current through Register Vol. 56, No. 14, July 15, 2024
The Department of Agriculture adopts and incorporates by reference the standards for medicated feeds as set forth in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 68 - COMMERCIAL FEEDING STUFFS › Subchapter 1 - ASSOCIATION STANDARDS › Section 2:68-1.5 - Definitions of feed ingredients

Current through Register Vol. 56, No. 14, July 15, 2024
The Department of Agriculture adopts and incorporates by reference the definitions of feed ingredients are as set forth in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 68 - COMMERCIAL FEEDING STUFFS › Subchapter 1 - ASSOCIATION STANDARDS › Section 2:68-1.6 - Sampling and analysis

Current through Register Vol. 56, No. 14, July 15, 2024
Sampling and analysis shall be conducted in accordance with methods published in the 21st edition (2019) of the official methods of analysis of the Association of Official Analytical Chemists, which is incorporated herein by reference, as amended and supplemented, or in accordance with other recognized official methods.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 68 - COMMERCIAL FEEDING STUFFS › Subchapter 1 - ASSOCIATION STANDARDS › Section 2:68-1.7 - Other rules and regulations

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to the definitions of feed ingredients and feed terms previously adopted, the Department of Agriculture adopts and incorporates by reference the official pet food regulations, the statement of uniform interpretation and policy, and lists of new animal drugs, certifiable antibiotics, and warning statements associated therewith, the permitted analytical variations and the pet food protocols and affidavits as contained in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 68 - COMMERCIAL FEEDING STUFFS › Subchapter 1 - ASSOCIATION STANDARDS › Section 2:68-1.8 - Obtaining copies of rules incorporated by reference

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A copy of the Official Publication of the American Feed Control Officials is on file in the Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, 200 Riverview Plaza, Trenton, New Jersey 08625. Copies may be procured by writing to AAFCO, 1800 South Oak Street, Suite 100, Champaign, IL 61820, or by ordering online at
www.aafco.org
.
(b) A copy of the official methods of the Association of Official Analytical Chemists (AOAC) is on file in the State Chemists Office, NJPHEAL, 3 Schwarzkopf Drive, Ewing, New Jersey 08628. Copies may be procured by contacting AOAC at (800) 379-2622, or by ordering online at
www.aoac.org
.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 69 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › Subchapter 1 - GENERAL PROVISIONS › Section 2:69-1.1 - Plant nutrients in addition to nitrogen, available phosphoric acid and potassium

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Plant nutrients, beside nitrogen, phosphorus and potassium, when mentioned in any form or manner shall be registered and shall be guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed shall be shown on the application for a license. The minimum percentages which will be accepted for licensing are as follows:
Element
Percent
Calcium (Ca)
1.00
Magnesium (Mg)
0.50
Sulphur (S)
1.00
Boron (B)
0.02
Chlorine (Cl)
0.10
Cobalt (Co)
0.0005
Copper (Cu)
0.05
Iron (Fe)
0.10
Manganese (Mn)
0.05
Molybdenum (Mo)
0.0005
Sodium (Na)
0.10
Zinc (Zn)
0.05
(b) Guarantees or claims for the above listed nutrients are the only ones which will be accepted. Proposed labels and directions for use of the fertilizer shall be furnished with the application for the license upon request. Warning or caution statements are required for registration on the label for any product which contains 0.03 percent or more of boron in a water-soluble form or 0.001 percent or more of molybdenum. Any of the above listed elements which are guaranteed shall appear in the order listed, immediately following guarantees for the primary nutrients, nitrogen, phosphorus, and potassium.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 69 - COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS › Subchapter 1 - GENERAL PROVISIONS › Section 2:69-1.2 - Investigational allowances for primary nutrients

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A commercial fertilizer shall be deemed to be deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the values in the following schedule, or if the overall Index Value of the fertilizer is below 98 percent. When the deviation from the guarantee is not in excess of the amounts shown, the fertilizer shall be considered as substantially meeting its guarantee. If the deviation is greater than the value shown, but less than twice the value shown, a warning shall be issued. If the deviation exceeds twice the value shown, the fertilizer shall be considered seriously deficient and subject to a penalty. When the Index Value falls between 98 percent and 95 percent a warning shall be issued. If the Index Value falls below 95 percent, the fertilizer shall be considered seriously deficient and subject to a penalty.
Guarantee percent
Nitrogen percent
Available Phosphoric Acid
Potash
percent
percent
4 or less
0.49
0.67
0.41
5
0.51
0.67
0.43
6
0.52
0.67
0.47
7
0.54
0.68
0.53
8
0.55
0.68
0.60
9
0.57
0.68
0.65
10
0.58
0.69
0.70
12
0.61
0.69
0.79
14
0.63
0.70
0.87
16
0.67
0.70
0.94
18
0.70
0.71
1.01
20
0.73
0.72
1.08
22
0.75
0.72
1.15
24
0.78
0.73
1.21
26
0.81
0.73
1.27
28
0.83
0.74
1.33
30
0.86
0.75
1.39
32 or more
0.88
0.76
1.44
For guarantees not listed, calculate the appropriate value by interpolation.
For these investigational allowances to be applicable, the recommended Association of Official Analytical Chemists' procedures for obtaining samples, sample preparation and analysis must be used.
(b) For WIN (Water Insoluble Nitrogen), deviations of ten per cent and 20 per cent respectively shall be used to determine whether a warning or penalty is appropriate.
Example:
3% WIN
Pass
3.0
-
2.7
Warn
2.69
-
2.4
Penalty below
2.4