reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 17 - IMPORTATION OF PLANTS AND PLANT MATERIAL › Subchapter 4 - TOMATO PLANTS › Section 2:17-4.5 - Movement into New Jersey of tomato transplants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to prevent the movement into New Jersey of diseased, insect-infested or substandard quality tomato plants, the State Board of Agriculture declares such plants to be a nuisance in New Jersey.
(b) All tomato plants shipped into the State of New Jersey shall be certified to have been grown under an official certification program of the state of origin, or to have been inspected and certified to be apparently free from injurious insects, nematodes and plant diseases, based on an inspection no more than five days prior to removal from the soil.
(c) All plants certified as prescribed in (b) above shall be accompanied by an official certificate so stating attached to each included crate, basket or other container. Each such package shall also be labeled as to variety and number of transplants per container.
(d) The following standards apply to imported tomato transplants:
1. The transplants shall be apparently free from injurious insects, nematodes and plant diseases;
2. The plant count shall be as stated on the container;
3. The transplants shall be free of fruit and excessive bloom;
4. The transplants shall be free of noxious weeds;
5. The transplants shall be in good physical condition so as to make successful growth of the plants probable in the opinion of the inspecting authority. At least 80 percent of all the tomato plants in each container shall be:
i. Not too soft or hard (over-mature);
ii. Not excessively heated;
iii. Free from excessive wilting;
iv. Free from excessive physical injury by insects, diseases, hail or other factors;
v. Not severely clipped;
vi. Free from excessive nutrient deficiencies;
vii. Possessed of straight stems;
viii. Free from excessive weeds; and
ix. Possessed of stem length six to 11 inches from soil line to growing point, with a minimum stem diameter of 3/16 inch. If the inspecting authority is notified of agreement between the plant producer and plant purchaser, plant size standards may be altered.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 17 - IMPORTATION OF PLANTS AND PLANT MATERIAL › Subchapter 5 - PEPPER PLANTS › Section 2:17-5.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
In order to control the movement into New Jersey of bacterial spot (Xanthomonas campestris pv. vesicatoria), the specifications for the admission of pepper plants into New Jersey are set forth in this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 17 - IMPORTATION OF PLANTS AND PLANT MATERIAL › Subchapter 5 - PEPPER PLANTS › Section 2:17-5.3 - Conditions governing the production of pepper plants to be shipped in New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following shall apply to pepper plants to be shipped to New Jersey.
1. All seeds shall be tested or treated for bacterial diseases.
2. From the time the pepper seedlings produce their first pair of true leaves, plants shall be sprayed with antibiotic sprays labeled for use on pepper plants at four to five day intervals until pulling following a schedule recommended by the state's cooperative extension service, satisfactory to state plant regulatory officials or other official certifying agencies, as appropriate for bacterial disease control.
3. For purposes of aphid, leafhopper, thrips, white fly, mite and other insect control, pest control measures satisfactory to state plant regulatory officials or other official certifying agencies shall be made.
4. All pepper transplants that are certified shall be inspected periodically and approved as being apparently free from injurious insects, nematodes, and plant disease. The final inspection shall be made not more than five days prior to pulling.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 17 - IMPORTATION OF PLANTS AND PLANT MATERIAL › Subchapter 5 - PEPPER PLANTS › Section 2:17-5.4 - Transplants packed at point of origin

Current through Register Vol. 56, No. 14, July 15, 2024
All pepper transplants brought into New Jersey for dissemination by sale or otherwise shall be packed at the point of origin.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 17 - IMPORTATION OF PLANTS AND PLANT MATERIAL › Subchapter 5 - PEPPER PLANTS › Section 2:17-5.5 - Movement into New Jersey of pepper transplants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to prevent the movement into New Jersey of diseased, insect-infested or substandard quality pepper plants, the State Board of Agriculture declares such plants to be a nuisance and prescribes the following conditions for the entry of pepper plants in New Jersey.
(b) All pepper plants shipped into the State of New Jersey shall be certified to have been grown under an official certification program of the state of origin, or to have been inspected and certified free from injurious insects, nematodes and plant disease, based on an inspection no more than five days prior to removal from the soil.
(c) All plants certified as prescribed in (b) above shall be accompanied by an official certificate, so stating, attached to each included crate, basket or other container. Also, each such package shall be labeled as to variety and number of transplants per container.
(d) The following standards apply to imported pepper transplant:
1. The transplants shall be apparently free from injurious insects, nematodes and plant diseases;
2. The plant count shall be as stated on the container;
3. The transplants shall not be clipped;
4. The transplants shall be free of noxious weeds;
5. The transplants shall be in good physical condition so as to make successful growth of the plants probable in the opinion of the inspecting authority. At least 80 percent of all the pepper plants in each container shall be:
i. Not too soft or hard (over-mature);
ii. Not excessively heated;
iii. Free from excessive wilting;
iv. Free from excessive physical injury by insects, diseases, hail or other factors;
v. Free from excessive weeds;
vi. Free from excessive cold injury;
vii. Free from excessive nutrient deficiencies;
viii. Possessed of straight stems;
ix. Free from fruit or excessive bloom; and
x. Possessed of stem length six to 11 inches from soil line to growing point, with a minimum stem diameter of 5/32 inch. If the inspecting authority is notified of agreement between the plant producer and plant purchaser, plant size standards may be altered.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 18 - NURSERY INSPECTION FEES › Subchapter 1 - FEES › Section 2:18-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings:
"Commercial shipment" is a shipment for gain or profit.
"Dealer" means a person who purchases nursery stock from other certified nurserymen and offers such stock for sale at a retail outlet or through landscaping services.
"Federal phytosanitary inspection" means the examination of plant materials to determine freedom of plant pest and diseases for those persons desiring to ship plants or plant products to another country and the issuance of a United States Department of Agriculture, Animal Plant Health Inspection Service, Plant Pest Quarantine inspection certificate.
"Low value commercial shipment" is a shipment accompanied by an invoice which states that the items being shipped are worth less than $ 1,250.
"Non-commercial shipment" is a shipment not for gain or profit.
"Nursery" includes all lands, premises and buildings upon, on or in which plants, trees, shrubs or vines of any kind, whether for fruit, shade or ornament, are grown for sale within the State or for shipment to other states or countries.
"Nursery stock" includes all plants, shrubs, trees and vines grown for sale, as well as buds, grafts, stocks, scions and other parts of plants, shrubs, trees and vines that may be sold for propagation; but shall not include herbaceous annuals or plants, flowers, vines or cuttings grown under glass and commonly known as florists stock.
"Nurseryman" includes any person, firm, co-partnership or corporation growing plants, trees, shrubs or vines for sale or dealing in such stock, whether he/she or they be owners, lessees or tenants of or on the premises upon which the stock is grown or offered for sale.
"Post-entry quarantine inspection" means an examination of plants imported to the United States, which are grown under USDA permit in a restricted area and inspected for two active growing seasons, to verify their freedom from specific pests or pathogens.
"Reinspection" is an inspection of a location in a nursery, previously inspected by the Department during the current growing season, found to be infested/infected with insect pests or plant diseases, for the purpose of determining whether pest problems found earlier have been controlled by the nurseryman.
"Special inspection" is the examination of plant materials to determine freedom of plant pests and diseases and issuance of a special State certificate for those persons who do not possess a nursery or dealers certificate and who desire to ship plant materials to another state.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 18 - NURSERY INSPECTION FEES › Subchapter 1 - FEES › Section 2:18-1.2 - Nursery inspection fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following fee schedule shall apply to all nursery inspections conducted by the New Jersey Department of Agriculture:
Nursery Acreage
Base Fee
Acreage Assessment
Less than 2.00
$85.00
no additional assessment
2.00 or more
$85.00
plus $7.00 for each acre or part thereof
(b) Determination of nursery acreage fees is based only on those lands on which nursery stock is actually growing or on lands where are placed containers with growing plants, including, but not limited to walkways.
(c) The nurseryman shall be entitled to one reinspection at no additional charge, if necessary, at each location within 14 days following the "control by" date listed on the nursery inspection report.
(d) Fees for additional reinspections of a nursery location, due to failure on the part of the nurseryman to control such insect pests or plant diseases as prescribed on the nursery inspection report, shall be assessed for each location reinspected using the fee schedule in (a) above.
(e) The Department reserves the right to waive reinspection charges if, in the opinion of the Director of the Division of Plant Industry, the failure to successfully control pest problems was a result of pest biology, resistant pest strains, adverse weather conditions or other extenuating factors.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 18 - NURSERY INSPECTION FEES › Subchapter 1 - FEES › Section 2:18-1.3 - Dealer fee

Current through Register Vol. 56, No. 14, July 15, 2024
Fees for inspection of dealers shall be $ 85.00. Dealers with more than one place of business in the State shall be charged an additional $ 85.00 for each location.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 18 - NURSERY INSPECTION FEES › Subchapter 1 - FEES › Section 2:18-1.4 - Phytosanitary inspection fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be a $ 60.00 fee for each Federal or special phytosanitary inspection of a commercial shipment necessary for the issuance of a phytosanitary certificate.
(b) There shall be a $ 30.00 fee for each Federal or special phytosanitary inspection of a low value commercial shipment necessary for the issuance of a phytosanitary certificate.
(c) There shall be a $ 20.00 fee for each Federal or special phytosanitary inspection of a noncommercial shipment necessary for the issuance of a phytosanitary certificate.
(d) Fees for phytosanitary inspections carried out for other governmental agencies shall be waived.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 18 - NURSERY INSPECTION FEES › Subchapter 1 - FEES › Section 2:18-1.5 - Post-entry quarantine inspection fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be a fee of $ 20.00 for each inspection for a non-commercial or low-value commercial shipment.
(b) There shall be a fee of $ 50.00 for each inspection of a commercial shipment.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 18 - NURSERY INSPECTION FEES › Subchapter 1 - FEES › Section 2:18-1.6 - Fees due; method of payment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) There shall be a single inspection fee per year for each nursery and dealers place of business.
(b) All nursery and dealer fees shall be payable within 30 days of receipt of invoice. Failure to pay the fee shall result in the assessment of penalties pursuant to 4:7-26 and the revocation of nursery certification.
(c) All fees for Federal phytosanitary inspections and special inspections shall be payable at the time of inspection and issuance of certification or by the due date printed on the invoice.
(d) A late fee of $ 5.00 shall be assessed if payment is not received within 15 days of the due date printed on the original invoice.
(e) All fees shall be paid to the New Jersey Department of Agriculture, Division of Plant Industry, PO Box 330, Trenton, New Jersey 08625-0330.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 19 - SALE AND DISTRIBUTION OF PLANTS AND PLANT MATERIAL › Subchapter 2 - ROSE PLANTS › Section 2:19-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter are prescribed for the shipment of rose plants into and within the State of New Jersey in order to prevent the movement into the State of diseased, virus-infected rose plants.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 19 - SALE AND DISTRIBUTION OF PLANTS AND PLANT MATERIAL › Subchapter 2 - ROSE PLANTS › Section 2:19-2.2 - Virus-infected rose plants declared a nuisance

Current through Register Vol. 56, No. 14, July 15, 2024
The State Board of Agriculture declares virus-infected rose plants (Rosa sp.), being those plants infected with rose mosiac disease (containing apple mosaic virus or prunus necrotic ringspot virus), appearing to be infected with rose mosaic disease or plants exhibiting symptoms of, or similar to, known virus diseases of roses, to be a nuisance.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 19 - SALE AND DISTRIBUTION OF PLANTS AND PLANT MATERIAL › Subchapter 2 - ROSE PLANTS › Section 2:19-2.3 - Rose plants eligible for movement only after official inspection for virus diseases

Current through Register Vol. 56, No. 14, July 15, 2024
Rose plants may be shipped into the State of New Jersey only after they have been inspected during the growing season by a state inspector in the state in which they were grown, at the time appropriate for symptom expression and found to be visibly free from virus diseases; especially viruses associated with rose mosaic disease (apple mosiac virus and prunus necrotic ringspot virus).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 19 - SALE AND DISTRIBUTION OF PLANTS AND PLANT MATERIAL › Subchapter 2 - ROSE PLANTS › Section 2:19-2.4 - Shipments of rose plants must carry certification of visual freedom from virus diseases

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All shipments of rose plants entering the State of New Jersey must be accompanied by an official certificate or statement issued by the proper state official in the state of origin, certifying that the plants were inspected during the growing season at a time when symptoms would be apparent and found visibly free of plant viruses. For the purposes of this section, the term "shipments of rose plants" includes any conveyance (including mail order) of dormant, packaged, preplanted or "in-leaf" rose plants.
(b) Anyone offering rose plants for sale in New Jersey must have on file in their establishment, and available for public inspection upon request, a copy of the official certificate or statement issued by the proper state official in the state of origin for each shipment of plants, certifying that the plants were inspected during the growing season at a time when symptoms would be apparent and found visibly free of plant viruses.
(c) The New Jersey Department of Agriculture may, in accordance with the appropriate statuses, order the destruction of or return to the point of origin any rose plants received in the State of New Jersey without such a certificate, or expressing symptoms of virus diseases whether or not accompanied by such certificate
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 1 - GOLDEN NEMATODE › Section 2:20-1.1 - Golden Nematode deemed a threat to agriculture

Current through Register Vol. 56, No. 14, July 15, 2024
The fact has been determined by the New Jersey State Board of Agriculture, and notice is hereby given, that a nematode (Globodera rostochiensis), present in the state of New York and in Canada, and not known to be present in New Jersey, constitutes a serious threat to agriculture in New Jersey.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 1 - GOLDEN NEMATODE › Section 2:20-1.2 - Soil and sod shall not contain Golden Nematode

Current through Register Vol. 56, No. 14, July 15, 2024
No soil, including sod, and sand, shall be moved from any area, known to be infested with Golden Nematode, into the State of New Jersey, except when fumigated by an approved method and certified as such, or except to laboratories approved by the Deputy Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture for such purposes as set forth in the Federal regulation regarding interstate movement of soil samples containing Golden Nematode for processing, testing or analysis, 7 C.F.R. 301.85-3(b).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 2 - WHITE PINE BLISTER RUST (CRONARTIUM RIBICOLA FISCHER) › Section 2:20-2.1 - White pine blister rust declared a nuisance

Current through Register Vol. 56, No. 14, July 15, 2024
The State Board of Agriculture has determined that white pine blister rust (Cronartium ribicola Fischer) is a dangerous plant disease and is hereby declared a nuisance.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 2 - WHITE PINE BLISTER RUST (CRONARTIUM RIBICOLA FISCHER) › Section 2:20-2.2 - Preventing the spread of white pine blister rust

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to prevent the spread of white pine blister rust (Cronartium ribicola Fischer) in the State of New Jersey, the distribution and movement of the plant material will be regulated as follows:
1. Five-needled pines (Pinus sp.) except such pines visibly infected with white pine blister rust, may be moved into or within New Jersey.
2. The possession or movement of plant cultivars and hybrids of European Black Currant (Ribes nigrum L.) into or within New Jersey is only allowed under special permit issued by the Department.
3. The possession or movement of red currant and gooseberry plants (Ribes sp. and Grossularia sp.) is allowed into or within New Jersey except the following municipalities, constituting a protective area: Montague, Sandyston, Walpack and Vernon Townships in Sussex County; West Milford, Ringwood Borough and Wanaque Township in Passaic County, and Jefferson Township in Morris County.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 2 - WHITE PINE BLISTER RUST (CRONARTIUM RIBICOLA FISCHER) › Section 2:20-2.3 - Special permit for the importation and/or growing of plant cultivars and hybrids of European Black Currant (Ribes nigrum L.) in New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who wants to import or grow white pine blister rust resistant/immune varieties of European black currant (Ribes nigrum L.) plants into the State must first complete an application form, supplied by the Department, which includes the following information:
1. The name, address, and telephone number of person applying for permit;
2. The number of plants to be grown or imported during permit period listed by cultivar; and
3. A detailed map showing where the Ribes cultivars where plants will be grown during the permit period.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 2 - WHITE PINE BLISTER RUST (CRONARTIUM RIBICOLA FISCHER) › Section 2:20-2.4 - Annual inspection fee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall assess a fee for inspections necessary to implement this permit.
(b) A fee of $ 75.00 will be charged annually for inspection of a growing site containing fewer than two acres.
(c) A fee of $ 75.00 plus $ 4.00 per acre, or part thereof, will be charged annually for inspection of a growing site containing two acres or more.
(d) Determination of the inspection fee is based only on those lands on which Ribes cultivars are actually growing.
(e) The grower shall be entitled to one reinspection at no additional charge.
(f) Fees for additional reinspections of a Ribes location, due to failure on the part of the grower to control white pine blister rust disease, as prescribed on the inspection report, shall be assessed for each location reinspected using the fee schedule in (b) and (c) above.
(g) The inspection fee shall be payable within 30 days of receipt of invoice.
(h) A late fee of $ 5.00 shall be assessed if payment is not received within 15 days of the due date printed on the original invoice.
(i) Failure to pay the fee may result in the revocation of the permit.
(j) All fees shall be paid to the New Jersey Department of Agriculture, Division of Plant Industry, PO Box 330, Trenton, NJ 08625-0330.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 3 - CERIFERUS (OR JAPANESE) WAX SCALE (CEROPLASTES CERIFERUS F) › Section 2:20-3.1 - Ceriferus (or Japanese) Wax Scale (Ceroplastes ceriferus F.)

Current through Register Vol. 56, No. 14, July 15, 2024
It has been determined by the New Jersey State Board of Agriculture that the Ceriferus (or Japanese) Wax Scale (Ceroplastes ceriferus F.) is a dangerously injurious insect and constitutes a menace to the trees and shrubs of the State of New Jersey. The Ceriferus (or Japanese) Wax Scale is not native to the State of New Jersey. The harboring or importation of the Ceriferus (or Japanese) Wax Scale is prohibited. Any building, product or means of conveyance of any character whatsoever, which, in the determination of the Department of Agriculture, presents a risk of the spread of the Ceriferus (or Japanese) Wax Scale, shall be subject to the measures of control allowed by the Statutes of New Jersey.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 4 - MEDITERRANEAN FRUIT FLY (CERATITUS CAPITATA) › Section 2:20-4.1 - Mediterranean Fruit Fly (Ceratitus capitata)

Current through Register Vol. 56, No. 14, July 15, 2024
It has been determined by the New Jersey State Board of Agriculture that the Mediterranean Fruit Fly (Ceratitus capitata) is a dangerously injurious insect and constitutes a menace to the fruits and vegetables of the State of New Jersey. The Mediterranean Fruit Fly is not native to the State of New Jersey. The harboring or importation of the Mediterranean Fruit Fly is prohibited. Any building, product or means of conveyance of any character whatsoever, which, in the determination of the Department of Agriculture, presents a risk of the spread of the Mediterranean Fruit Fly, shall be subject to the measures of control allowed by the Statutes of New Jersey.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 5 - AFRICANIZED HONEYBEE (APIS MELLIFERA SCUTELLATA) › Section 2:20-5.1 - Africanized Honeybee (Apis mellifera scutellata); prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
It has been determined by the New Jersey State Board of Agriculture that the Africanized Honeybee (Apis mellifera scutellata) is a dangerously injurious insect and constitutes a menace to the practice of apiculture in New Jersey. The Africanized Honeybee is not native to the State of New Jersey. The keeping or importation of Africanized Honeybees in any stage of development, including honeybees with characteristics identifiable with the subspecies (Apis mellifera scutellata), fresh or frozen bee sperm, equipment, shipping and storage containers that have been used at an apiary, unprocessed comb are prohibited. Any other product, article or means of conveyance of any character whatsoever, if in the determination of the Department of Agriculture, presents a risk of the spread of the Africanized Honeybee, shall be prohibited.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 6 - KHAPRA BEETLE (TROGODERMA GRANARIUM EVERTS) › Section 2:20-6.1 - Khapra Beetle (Trogoderma granarium Everts)

Current through Register Vol. 56, No. 14, July 15, 2024
It has been determined by the New Jersey State Board of Agriculture that the Khapra Beetle (Trogoderma granarium Everts) is a dangerously injurious insect and constitutes a menace to the food and grains stocks of the State of New Jersey. The Khapra Beetle is not native to the State of New Jersey. The harboring or importation of the Khapra Beetle is prohibited. Any building, product or means of conveyance of any character whatsoever, which, if in the determination of the Department of Agriculture, presents a risk of the spread of the Khapra Beetle, shall be subject to the measures of control allowed by the Statutes of New Jersey.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 7 - POSTENTRY QUARANTINE › Section 2:20-7.2 - Importation of foreign plants under postentry quarantine permit

Current through Register Vol. 56, No. 14, July 15, 2024
Any plants eligible for entry into the United States of America subject to postentry quarantine for which APHIS issues a postentry quarantine permit, for the purposes of being grown in New Jersey, shall be h eld and grown under postentry quarantine in accordance with the requirements of 7 C.F.R. §
										319.37-7, as amended and supplemented, incorporated herein by reference, except that the Department shall limit the volume of plant importations to no more than 500 pieces, per species, per year, per person.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 7 - POSTENTRY QUARANTINE › Section 2:20-7.4 - Departmental inspection and monitoring; reporting to APHIS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon APHIS' issuance of a notice of shipment of plants with respect to which the Department has agreed to provide inspection and monitoring services, the Department shall inspect and monitor plants in postentry quarantine for a minimum two years following APHIS' release of the plants from the port of entry, at least once during the first year and at least once during the second year. The purpose of the Department's inspection shall be to check for evidence of exotic plant pests and to ascertain the kind and number of plants at a site and whether the permit holder is in compliance with the terms of the postentry quarantine agreement and the postentry quarantine permit.
(b) The Department shall report to APHIS any evidence of exotic plant pests found by inspectors.
(c) The Department shall report to APHIS any change in the number of plants at a postentry quarantine site from the number indicated in the notice of shipment.
(d) The Department shall report to APHIS any noncompliance with the terms of the postentry quarantine agreement and the postentry quarantine permit.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 7 - POSTENTRY QUARANTINE › Section 2:20-7.5 - Right to enter premises for inspection; sanctions for interference or obstruction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Persons entering into a postentry quarantine agreement shall be deemed to have acknowledged and consented to the Department's authority, without prior notice, to enter private property containing a site for the purpose of inspecting plants subject to a postentry quarantine permit for evidence of exotic pests, in accordance with 7 C.F.R. §
										319.37-7, as amended and supplemented, incorporated herein by reference, and 4:7-13 and 35.
(b) Persons interfering with or obstructing the Department or an inspector in the conduct of postentry quarantine inspection and monitoring services shall be subject to the sanctions provided at 7 C.F.R. §
										319.37-7, as amended and supplemented, incorporated herein by reference, and 4:7-13, 14 and 18.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 7 - POSTENTRY QUARANTINE › Section 2:20-7.6 - Treatment or destruction of diseased or infested plants; report to APHIS

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department finds evidence of exotic plant pests infesting or infecting plants grown under postentry quarantine, the Department shall recommend to APHIS safeguards or pest mitigation methods to be taken to control the pest.
(b) Upon the Department's receipt from APHIS of a copy of an emergency action notification relating to plants in postentry quarantine that show evidence of infestation or infection with an exotic plant pest, the Department shall supervise any pest mitigation methods taken to control the pest and the plants shall be subject to control measures, including destruction, in accordance with 7 C.F.R. §
										319.37-7, as amended and supplemented, incorporated herein by reference, and 4:7-8, 16 through 19, and 23.
(c) The Department shall report to APHIS any pest mitigation actions taken at the postentry quarantine site.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 8 - ASIAN LONGHORNED BEETLE › Section 2:20-8.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
"APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.
"Asian longhorned beetle" means the insect known as Asian longhorned beetle (Anoplophora glabripennis) in any stage of development.
"Certificate" means any document which is issued for regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such article is eligible for movement outside the quarantine area designated in 2:20-8.5.
"Department" means the New Jersey Department of Agriculture.
"Exposed" means determination by an inspector to be at risk for spreading Asian longhorned beetle.
"Infestation" means the presence of Asian longhorned beetle in any life stage.
"Inspector" means any person officially designated by the Department, or an employee of APHIS, authorized to enforce the provisions of this subchapter.
"Move" means to ship, carry, transport, offer for shipment, receive for shipment, or allow to be transported by any means.
"Movement" means the act of shipping, carrying, transporting, offering for shipment, receiving for shipment, or allowing to be transported by any means.
"Notification by the Department" mean an official written order issued by the Secretary of Agriculture specifying conditions found, actions the recipient shall carry out, and a specified time frame by which the order must be complied with.
"Nursery" means any premises, including greenhouses but excluding any orchard, at which plants are grown or maintained for propagation or replanting.
"Person" means an individual, firm, corporation, company, limited liability company, society, association, or other business.
"Plant" means any part of a plant, tree, aquatic plant, plant product, shrub, vine fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit.
"Quarantined area" means any area designated as a quarantined area in accordance with 2:20-8.5.
"Regulated article" means any article listed in 2:20-8.4.
"Regulated fruit, regulated plant, regulated seed, regulated tree" means any fruit, plant, seed, or tree defined as a regulated article.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 8 - ASIAN LONGHORNED BEETLE › Section 2:20-8.2 - Asian longhorned beetle declared a nuisance

Current through Register Vol. 56, No. 14, July 15, 2024
The State Board of Agriculture declares that the Asian longhorned beetle, a dangerously injurious insect not known to be native to New Jersey, that damages hardwood trees especially maple (Norway, sugar, silver and red), birch, horsechestnut, poplar, willow, and elm by boring through bark, tunneling and girdling the tree until the tree is killed, to be a nuisance.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 8 - ASIAN LONGHORNED BEETLE › Section 2:20-8.3 - Restrictions on movement of plant material

Current through Register Vol. 56, No. 14, July 15, 2024
No person may move any regulated articles listed at 2:20-8.4, or which are subject to the requirements of 7 C.F.R. § 301.51, Asian longhorned beetle quarantine, as amended and supplemented, and incorporated herein by reference, outside the quarantine area designated in 2:20-8.5.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 8 - ASIAN LONGHORNED BEETLE › Section 2:20-8.4 - Regulated articles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Regulated articles are as follows:
1. Firewood, green lumber, nursery stock or any material living, dead, cut or fallen off logs, stumps, roots, branches or debris of half an inch or more of the following genera: Acer (maple), Aesculus (horse chestnut), Albizia (mimosa), Betula (birch), Celtis (hackberry), Cercidiphyllum (katsura), Fraxinus (ash), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm).
2. Any other product, article, or means of conveyance, of any character whatsoever, not covered by (a)1 above, when it is determined by an inspector that it presents a risk of spread of Asian longhorned beetle and the person in possession thereof has actual notice that the product, article, or means of conveyance is subject to the provisions of this subchapter.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 8 - ASIAN LONGHORNED BEETLE › Section 2:20-8.5 - Quarantine area

Current through Register Vol. 56, No. 14, July 15, 2024
The Secretary of the Department of Agriculture may temporarily designate any area in New Jersey as a quarantine area, if the Secretary has reason to believe that Asian longhorned beetle is present based on positive confirmation of Asian longhorned beetle by the Department, or by the U.S. Department of Agriculture Animal and Plant Health Inspection Service.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 8 - ASIAN LONGHORNED BEETLE › Section 2:20-8.6 - Right of access

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Duly authorized representatives of the Department may enter upon any lands or premises, public or private, within the State for the purpose of making necessary inspections for Asian longhorned beetle, and for the removal of condemned trees.
(b) Persons interfering with or obstructing the Department or an inspector in the conduct of inspections for Asian longhorned beetle shall be subject to the sanctions provided at 7 C.F.R § 301.51, as amended and supplemented, incorporated herein by reference, and 4:7-13, 14 and 18.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 8 - ASIAN LONGHORNED BEETLE › Section 2:20-8.7 - Notification of infestation, treatment order

Current through Register Vol. 56, No. 14, July 15, 2024
A written Notice of Infestation--Treatment Order will be issued to the affected person by the Secretary of Agriculture, following positive confirmation of Asian longhorned beetle by the Department. The recipient shall have all plant material specified in the order treated to eradicate Asian longhorned beetle in a manner approved by the Secretary of Agriculture, including the destruction of infected trees. The notice or order shall specify a time, not less than three days from its date, within which it must be complied with.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 8 - ASIAN LONGHORNED BEETLE › Section 2:20-8.8 - Conditions of movement, certification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No firewood, green lumber, logs, nursery stock, or other regulated articles may be moved from the quarantined area, unless accompanied by written approval issued by the Department, or as is permitted in accordance with the requirements at 7 C.F.R. §
										301.51-4.
(b) A person whose stock has been tested to the satisfaction of the Department and found free from Asian longhorned beetle, wishing to move regulated plants shall be provided with a certificate issued by the Department.
(c) The Department reserves the right to charge an inspection fee, pursuant to N.J.A.C. 2:18, to recover costs associated issuing an inspection certificate.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 9 - NON-NATIVE PHYTOPHAGOUS SNAILS › Section 2:20-9.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
"Department" means the New Jersey Department of Agriculture.
"Infested areas" mean the states of Arizona, California, Florida, Hawaii, Minnesota, New Mexico, Oregon, Texas, Washington, or any other areas that are infested with phytophagous snails that are not native to New Jersey.
"Movement" means to ship, carry, transport, offer for shipment, receive for shipment, or allow to be transported by any means.
"Non-native phytophagous snail" means any live snail, in any stage of development that feeds on plants and does not occur naturally in New Jersey including, but not limited to, the following: the brown garden snail, Helix aspersa; the green or burrowing snail, H. aperta; the pulmonate snail, H. pomatia; the white garden snail, Theba pisana; the giant African snail, Achatha fulica; the giant South American snail, Megalobulimus oblongus; the lactea snail, Otala lactea; and any other species determined by the Secretary to be a threat to New Jersey agriculture and added to this section pursuant to N.J.S.A. 52:14B-1et seq. Native New Jersey species are not included.
"Plant material" means all wild, cultivated, or greenhouse-grown plants, trees, shrubs, vines, bulbous plants and roots, grafts, scions, and buds. "Plant material" includes nursery stock, annuals, bedding plants, vegetable plants, cut flowers, and decorative plants without roots.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 9 - NON-NATIVE PHYTOPHAGOUS SNAILS › Section 2:20-9.2 - Materials regulated

Current through Register Vol. 56, No. 14, July 15, 2024
Plant materials harboring live, non-native phytophagous snails, live, non-native phytophagous snails themselves, and/or other articles capable of transporting non-native phytophagous snails shall not be moved into the State of New Jersey from an infested area.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 9 - NON-NATIVE PHYTOPHAGOUS SNAILS › Section 2:20-9.3 - Restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Raising, maintaining, and/or holding live, non-native phytophagous snails is prohibited.
(b) Movement of live, non-native phytophagous snails into or through the State in any stage of development is prohibited.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 9 - NON-NATIVE PHYTOPHAGOUS SNAILS › Section 2:20-9.4 - Treatment or disposal of infested materials

Current through Register Vol. 56, No. 14, July 15, 2024
Regulated articles that are infested with live, non-native phytophagous snails, or materials that have been exposed to infestation by these plant pests, may be ordered destroyed or fumigated at the expense of the owner, at the direction of the Department.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 10 - SPOTTED LANTERNFLY › Section 2:20-10.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
"Agent" means a representative of the New Jersey Department of Agriculture or the United States Department of Agriculture, or any individual under contract with the Department or USDA to apply pesticide treatments or otherwise.
"APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.
"Checklist" or "Spotted Lanternfly Checklist" means a document prepared by the Department and is available at
http://www.state.nj.us/agriculture/divisions/pi/prog/spottedlanternfly.html.
"Department" means the New Jersey Department of Agriculture.
"Eradication" means the elimination or removal of a pest from a defined geographic area.
"Exposed" means a determination by an inspector to be at risk for spreading Spotted Lanternfly.
"Infestation" means the presence of Spotted Lanternfly in any life stage. "Inspector" means any person officially designated by the Department or APHIS, authorized to enforce the provisions of this subchapter.
"Move" means to ship, carry, transport, offer for shipment, receive for shipment, or allow to be transported by any means.
"Movement" means the act of shipping, carrying, transporting, offering for shipment, receiving for shipment, or allowing to be transported by any means.
"Notice of Infestation-Treatment Order" means an official written order issued by the Department specifying conditions found, actions the recipient shall carry out, and a specified time frame by which the order must be complied with, pursuant to N.J.A.C. 2:20-10.5.
"Person" means an individual, partnership, association, firm, corporation, limited liability corporation, State agency, municipality or other governmental unit or agency, or any other legal entity.
"Plant" means any part of a plant, tree, aquatic plant, plant product, shrub, vine fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or fruit.
"Quarantined area" means any area designated as a quarantined area in accordance with N.J.A.C. 2:20-10.5.
"Regulated article" means any article listed under N.J.A.C. 2:20-10.3.
"Regulated fruit, regulated plant, regulated seed, regulated tree" means any fruit, plant, seed, or tree defined as a regulated article under N.J.A.C. 2:20-10.3.
"Secretary" means the Secretary of the New Jersey Department of Agriculture.
"Spotted Lanternfly" means Lycorma delicatula.
"Treatment Order" or "Order" means any Notice of Infestation-Treatment Order as set forth in N.J.A.C. 2:20-10.6.
"Tree of Heaven" means any life stage of the plant Ailanthus altissima.
"USDA" means the United States Department of Agriculture.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 10 - SPOTTED LANTERNFLY › Section 2:20-10.2 - Spotted Lanternfly declared a nuisance

Current through Register Vol. 56, No. 14, July 15, 2024
The State Board of Agriculture declares that the Spotted Lanternfly, a dangerously injurious insect and plant pest not known to be native to New Jersey, that damages nursery stock, agricultural crops, and the environment of the State, to be a nuisance.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 10 - SPOTTED LANTERNFLY › Section 2:20-10.3 - Regulated articles

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Spotted Lanternfly, along with any material or object that may carry or spread the dangerously injurious insect, are considered regulated articles and shall not be moved out of, or within, the quarantined area, unless done in accordance N.J.A.C. 2:20-10.7.
(b) Regulated articles include:
1. Any living life stage of the Spotted Lanternfly;
2. Plants and plant parts, which include, but are not limited to, live or dead trees, nursery stock, budwood, green lumber, firewood, logs, perennial plants, garden plants, agricultural produce, stumps, roots, branches, mulch, composted and uncomposted chips, bark, and yard waste;
3. Outdoor industrial and construction materials and equipment, concrete barriers or structure, stone, quarry material, ornamental stone or concrete, construction, landscaping, and remodeling waste;
4. Packing materials, such as wood crates or boxes;
5. Outdoor household articles including recreational vehicles, lawn tractors and mowers, mower decks, grills, grill and furniture covers, tarps, mobile homes, tile, stone, deck boards, mobile fire pits, any equipment, or trucks or vehicles not stored indoors;
6. Means of conveyance of any type, whether utilized for movement of the materials previously listed, or personal use, and any trailers, wagons, or other means of conveyance, and equipment attached thereto; or
7. Any other articles, materials, or means of conveyance, when it is determined by an inspector to present a risk of spread of any life stage of Spotted Lanternfly.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 20 - QUARANTINES › Subchapter 10 - SPOTTED LANTERNFLY › Section 2:20-10.4 - Quarantine area

Current through Register Vol. 56, No. 14, July 15, 2024
(a) By order of the State Board of Agriculture, and pursuant to N.J.S.A. 4:1-21.5, in order to control the spread of the dangerously injurious insect, the Spotted Lanternfly, a menace to the State's agricultural industries, environment, and residential areas of New Jersey, all New Jersey counties are hereby quarantined in their entirety.
(b) The Secretary of Agriculture may temporarily designate any nonquarantined area in New Jersey as a quarantined area, if the Secretary has reason to believe that the Spotted Lanternfly is present based on positive confirmation of any life stage of this insect by the Department, or by agents of the USDA APHIS.