New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 8 - HUMANE TREATMENT OF DOMESTIC LIVESTOCK › Subchapter 1 - GENERAL PROVISIONS › Section 2:8-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following words and terms, as used in this chapter, shall have the following meanings. Terms of art undefined in this chapter shall have the meaning attributed to them by trade usage.
"Air quality" means the nature of the air with respect to its effects on the health and well-being of the animals in that environment. Acceptable air quality is achieved by adequate ventilation, waste management and husbandry practices. Acceptable air quality results in minimal irritation of the sensitive membranes of an animal's mouth, eyes, nose and respiratory tract caused by elevated levels of irritants such as ammonia in the air.
"Ambulatory disabled livestock" means livestock capable of walking but with physical impairment such as central nervous system signs, lameness or similar conditions.
"Animal feed" means any ingredient or material fed to animals to provide nutrients and may include, but is not limited to, natural or manufactured material that can include roughages, concentrates, protein supplements, by-product feeds and crop residues, special feeds, plate waste, minerals, vitamins and feed additives so long as all State and Federal laws are followed.
"Animal housing techniques" means methods used to keep livestock within a certain area or environment and include, but are not limited to, pasture, stanchion barns, stalls, cages and feed-lots.
"Animal identification" means the use of visible tags, bands, electronic devices, tattooing, branding, ear notching or other means to identify individuals of any species.
"Animal waste" means livestock manure, unconsumed feed and associated bedding materials and animal carcasses from normal mortalities of livestock on a farm as defined and regulated in N.J.A.C. 2:91 and 7:14A-2.1 3.
"Animal welfare" means a state or condition of physical and psychological harmony between the animal and its surroundings characterized by an absence of deprivation, aversive stimulation, over stimulation or any other imposed condition that adversely affects health and productivity of the animal.
"Biosecurity" means all measures required to prevent the spread of infections and toxins and to protect animals from pathogenic organisms that can be transferred by humans, vectors or fomites.
"Body Condition Score" (BCS) means a quantitative score of an animal's body condition taking into account fat and muscle deposition as it occurs in various places on the animal's body. Body Condition Scoring systems assign a numerical value for body conditions ranging from emaciated to obese and is based on visual observation or manual palpation of the rump, tail, head and hips of the animal. Different methods are used for different species, breeds or types of animals.
"Cattle" includes cattle, including calves, bison, buffalo and other domesticated Bovidae.
"Cattle intended to be raised for veal" or "calf raised for veal" means any calf of the bovine species that is kept for the purpose of producing the food product described as veal.
"CLI" means NJDA-certified livestock inspector.
"Condition" means state of nutritional fitness or readiness for agricultural use such as for calving, reproduction, exercise or slaughter.
"Cruel or inhumane" refers to the raising, keeping, marketing, care, treatment, or sale of domestic livestock in violation of the standards set forth at N.J.A.C. 2:8-2 through 7 or any other acts or treatment of domestic livestock as prohibited as by 4:22-17; 4:22-18; 4:22-20; 4:22-21; 4:22-22 and 4:22-26.
"Cushing" means a resting position of camelids in sternal recumbency with their legs folded under them and their necks and heads held erect.
"Daily maintenance requirements" refer to the minimum level of nutrients that must be provided on a daily basis to sustain health and maintenance of an animal.
"Describe" (as to documents incorporated by reference) means explain precisely and in detail the way a given procedure is to be performed.
"Environmental conditions" refer to the sum of all physical (housing, temperature, humidity, photoperiod, etc.) and social (presence of other animals) factors affecting an animal.
"Enforcement action" means any action taken to require compliance with these standards, to seek civil or criminal penalties for the cruel or inhumane treatment of domestic livestock, or to confiscate or seek the forfeiture of domestic livestock, as authorized by 4:22-15 et seq.
"Extraordinary or catastrophic conditions" means an act or event exclusively characterized by an unanticipated, grave, natural or man-made disaster which occurs without input or fault by the owner, and which is of sufficient magnitude to excuse compliance with these rules.
"Fencing material" means material used to contain an area and includes, but is not limited to, materials such as plain or treated wood, PVC and other plastics, electric wire, barbed wire, tensile wire, woven wire and metal pipe.
"Floor housing" means the keeping of uncaged animals in a building on a dirt or constructed floor that the animals and human caretakers can walk on.
"Fomite" means inanimate objects that serve to carry infections or toxins from one animal to another.
"Handling techniques" mean techniques used to move, train, restrain or otherwise manipulate livestock and may be accomplished manually or with devices that allow the sorting, driving, roping, separating, and relocating of livestock in a manner that provides safety for both handler and animal.
"Holistic" means the consideration of the animal functioning as a complete, integrated unit.
"Horses" includes horses, ponies, donkeys and mules and miniature breeds.
"Humane" means marked by compassion, sympathy, and consideration for the welfare of animals.
"Humane treatment" means raising, keeping, care, treatment, marketing and sale of domestic livestock in accordance with this chapter.
"Hyperthermia" means an above normal temperature of the body.
"Hypothermia" means a subnormal temperature of the body.
"Induced molting" is a management practice that simulates the natural molting event and is designed to bring the entire flock in to a nonlaying and oviduct rejuvenation period. After the molt, a new plumage develops and the birds resume egg production at a higher rate with better egg quality.
"Investigation" means activities undertaken to gather information to identify a possible violation of these standards for the humane treatment of domestic livestock, set forth in N.J.A.C. 2:8-2, and includes the examination or inspection of domestic livestock or of any facility, location or vehicle where the same are kept, or of records containing information regarding domestic livestock.
"Kept for the purpose of producing the food product described as veal" means raised through special feeding and husbandry practices with the direct intent of processing, selling, or distributing for human consumption as veal.
"Knowledgeable individual" means someone familiar with a particular practice, identified in this chapter, by having been taught at a course listed by an academic institution referenced in this chapter; having learned the technique through veterinary or agricultural extension agent demonstration; or having learned practices through others on a site, such as a family farm.
"Layer diet" means a nutritionally balanced, palatable diet that is adequate for the body maintenance of a laying hen.
"Maintenance diet" means a nutritionally balanced, palatable diet that is high in fiber and low in protein and energy and that is adequate for the body maintenance of a non-laying hen. This diet is designed to bring the flock into a non-laying and oviduct rejuvenation period.
"Marketing" refers to the transfer of an animal to other producers or consumers, via private sales, auctions, etc.
"Minor violations" include actions that occur due to neglect and unintentional acts of substandard practices which do not place the animal's life in imminent peril or do not cause protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a limb or bodily organ.
"Molting" is a natural seasonal event in which birds substantially reduce their food intake, cease egg production, and replace their plumage.
"NJDA" means the New Jersey Department of Agriculture.
"Non-ambulatory disabled livestock" means livestock that cannot rise from a recumbent position (downer) or that cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column or metabolic conditions.
"Owner" or "person" includes a corporation; the knowledge and acts of an agent or employee of a corporation in regard to animals transported, owned, employed or in the custody of the corporation shall be imputed to the corporation.
"Physical restraint" means the confinement or restriction of an animal or part of an animal to accomplish a required task such as vaccination, examination, feeding, milking, grooming, hoof trimming, etc., and can be accomplished manually or with devices including, but not limited to, restraint stocks, head gates, stanchions, chutes and ropes.
"Poultry" includes chickens, roosters, capons, hens, ducks, geese, turkeys, pigeon and guinea fowl (4:5-94) and ratites (4:2-17).
"Production level" refers to quantitative production measures for livestock, such as pounds of milk produced, average daily body weight gain, or number of eggs per clutch.
"Production stage" represents a point in the timeline of an animal's productive period.
"Rabbits" include all rabbit breeds used or intended for food or fiber.
"Recommend" (as to documents incorporated by reference) means identify certain procedures and the general parameters in which they can be performed (age of animal, use of medication, etc.).
"Reproductive techniques" means methods used to breed and produce livestock and include, but are not limited to, artificial insemination, pregnancy checking, semen collection, embryo collection and transfer, neonatal delivery and care, pre-and postpartum care and estrous synchronization.
"Rest" means the interruption of training or work to avoid or recover from fatigue, exhaustion or over training.
"Resting diet" means a nutritionally balanced, palatable diet that is lower in fiber and higher in protein and energy than a maintenance diet.
"Severe violations" include any intentionally cruel or inhumane acts as well as actions due to neglect or substandard practices which place an animal's life in imminent peril or which cause protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a limb or bodily organ. Nothing in this definition shall limit accepted veterinary practices or routine husbandry practices when performed in accordance with these rules.
"Small ruminants" include sheep, goats, llama, alpaca, and farm-raised Cervidae.
"State Veterinarian" means the Director, Division of Animal Health, NJDA.
"Swine" include domestic and exotic porcine breeds.
"Training techniques" refer to techniques used to teach an animal appropriate responses to cues, usually with respect to getting it to stop, stand still or move in a certain manner. The cues employed may include, but are not restricted to, the use of restraining devices such as halters or neck/leg bands, tethers, motivational devices, correction devices or repetitive routines.
"Transport" means the process of carrying domestic livestock in a vehicle from one location to another and does not include the process of loading and unloading either on or off a vehicle.
"Vector" means a living organism that serves to carry infections or toxins from one animal to another.
"Water quality" refers to the acceptability of water sources for animal consumption with respect to the presence of contaminants, accessibility and quantity. Acceptable water quality means that the water is provided in ways that minimize contamination by urine, feces and other materials but is accessible to the animals. It may be provided from natural sources or manmade containers and must be provided in sufficient quantities to prevent dehydration. Signs of dehydration include sunken eyes, increased capillary refill time of the gums, and/or skin that tents when pinched. Human standards for potability are not required but there should not be contaminants present in amounts that discourage the animals from drinking adequate amounts.
"Weight measurement devices" mean an objective method to measure or estimate the weight of livestock and include the use of scales and/or weight tapes, recognizing that weight tapes and scales are most effectively used to measure weight gain or loss relative to previous measurements performed in the same manner by the same individual using the same equipment.
"Well-being" means good health and welfare.
(b) Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person or party and to females as well as males, and to bodies corporate as well as individuals, and to several matters and things as well as one matter or thing.