reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 24 - DISEASES OF BEES AND BEEKEEPING ACTIVITIES › Subchapter 6 - PRESERVATION OF HONEY BEE COLONIES › Section 2:24-6.4 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person who intentionally destroys a man-made honey bee hive or hanging swarm without the approval required under this subchapter shall be liable to a civil penalty of up to $ 1,000 for each offense.
(b) Any person who intentionally destroys a man-made native bee hive shall be liable to a civil penalty of up to $ 500.00 for each offense.
(c) The penalties imposed pursuant to (a) and (b) above are to be collected by a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court and municipal court shall have jurisdiction to enforce the Penalty Enforcement Law of 1999 in connection with this action.
(d) If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. Penalties recovered for violations of this section shall be remitted to the Department of Agriculture and expended on programs to revive honey bee populations in the State.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 24 - DISEASES OF BEES AND BEEKEEPING ACTIVITIES › Subchapter 7 - APIARY AND MUNICIPAL ADMINISTRATIVE STANDARDS FOR BREEDING AND KEEPING OF BEES AND RELATED ACTIVITIES › Section 2:24-7.1 - General scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter is not applicable to beekeepers not overwintering any hives, migratory commercial beekeepers, or commercial beekeepers.
(b) This subchapter establishes additional apiary standards for the breeding and keeping of honey bees and related activities, not otherwise contained in this chapter.
(c) Nothing in this subchapter shall be interpreted to supersede the protections afforded by the Right to Farm Act, P.L. 1983, c. 31 (N.J.S.A. 4:1C-1et seq.), as amended and supplemented, or to create any standards to be applied under that act.
(d) This subchapter establishes standards of administrative procedure for delegating the authority to monitor and enforce the rules adopted pursuant to this subchapter to municipalities.
(e) The apiary standards in this subchapter reflect consideration of the population densities in rural, suburban, and urban areas of the State and the densities and intensities of development and differing land uses in communities throughout the State.
(f) Notwithstanding compliance with this chapter including these apiary standards, it shall be unlawful for any beekeeper to keep any hive or hives in such a manner or of such disposition as to pose a direct threat to:
1. Public health and safety; or
2. Bee health, as determined by the State Apiarist or his or her designee.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 24 - DISEASES OF BEES AND BEEKEEPING ACTIVITIES › Subchapter 7 - APIARY AND MUNICIPAL ADMINISTRATIVE STANDARDS FOR BREEDING AND KEEPING OF BEES AND RELATED ACTIVITIES › Section 2:24-7.2 - Apiary standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Colony density shall be as follows:
1.
Tract of Land Size
Number of Colonies Allowed
up to 1/4 Acre
3
1/2 Acre
6
3/4 Acre
9
1 Acre
12
Over 1 acre
3 per 1/4 acre not to exceed (a)2 below
2. Notwithstanding
(a)1 above, colony density shall not exceed 40 hives per contiguous tract of land.
3. For every two colonies permitted on a tract of land, there may be maintained upon the same tract one nucleus colony with no super attached from March 1st through October 31st. Any additional nucleus colony shall be moved to another location, tract, or combined with a colony on the same property within 90 days after the date made or acquired.
4. A beekeeper may seek permission from the governing authority to keep more hives than permissible under the requirements of this subchapter, by seeking a waiver as provided for under N.J.A.C. 2:24-7.3, Waiver.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 24 - DISEASES OF BEES AND BEEKEEPING ACTIVITIES › Subchapter 7 - APIARY AND MUNICIPAL ADMINISTRATIVE STANDARDS FOR BREEDING AND KEEPING OF BEES AND RELATED ACTIVITIES › Section 2:24-7.3 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A person desirous of owning and maintaining hives in a number greater than is provided for pursuant to N.J.A.C. 2:24-7.2may apply to the governing authority for a colony density waiver.
(b) The applicant shall obtain a certified list of the names and addresses of all property owners within 200 feet of the apiary site(s) from the municipality's tax assessor's office.
(c) A copy of the application for colony density waiver must be provided to all property owners within 200 feet in all directions of the applicant's property by certified mail and by regular mail. Notice to a partnership owner may be made by certified mail, and by regular mail to any partner. Notice to a corporate owner may be made by certified mail, and by regular mail to its president, a vice president, secretary, or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust, or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property that is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas. Notice shall be mailed no less than 10 days prior to the scheduled date of the hearing. Proof of service to the appropriate property owners shall be presented to the governing authority at the time of the hearing .
(d) The application to the governing authority shall set forth the following:
1. The name and address of the applicant;
2. The address, lot, and block number of the property at which the applicant intends to maintain the hive(s);
3. If the property where the applicant intends to maintain the hive(s) is owned by another individual, express written consent by the property owner;
4. The nature of the waiver requested, setting forth the number of the proposed hives in excess of those allowed pursuant to N.J.A.C. 2:24-7.2(a);
5. A description of flyway barriers (if any);
6. Zoning district of the property where the hives are proposed to be kept; and
7. A description of the reason(s) the applicant seeks a waiver of colony density; and
8. The date, time, and place of the hearing before the governing authority.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 24 - DISEASES OF BEES AND BEEKEEPING ACTIVITIES › Subchapter 7 - APIARY AND MUNICIPAL ADMINISTRATIVE STANDARDS FOR BREEDING AND KEEPING OF BEES AND RELATED ACTIVITIES › Section 2:24-7.4 - Administrative standards for delegated municipalities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to P.L. 2015, c. 76, a municipality may pass an ordinance to adopt by reference these apiary standards (this chapter) promulgated by the Department. The ordinance shall designate the municipal office responsible for monitoring these standards.
(b) Municipalities must provide the Department copies of such ordinance(s) two weeks in advance of formal consideration of such ordinances.
(c) If a municipality that has assumed responsibility of monitoring and enforcement of this chapter finds there is a condition or circumstance in the municipality that is not resolved by this chapter, the municipality shall request guidance from the Department. The Department shall provide guidance no later than 90 days after the request is received.
1. Upon expiration of the 90-day period, the municipality, if it has consulted with the Department, the New Jersey League of Municipalities, the New Jersey Beekeepers Association, and the Mid-Atlantic Apiculture Research and Extension Consortium, or successor organizations with similar purposes, may adopt by ordinance a standard to address the condition or circumstance, provided that the standard reflects consideration of population density, the density and intensity of development, type of land use, and honey bee biology and behavior.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 2:25-1.1 - Authority and general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter establishes the rules for participation in the New Jersey Hemp Farming Act pursuant to P.L. 2019, c. 238, N.J.S.A. 4:28-1 et seq., and the Federal Agriculture and Nutrition Act of 2018, Pub.L. 115-334 (2018 Farm Bill).
(b) This chapter applies to growers, processors, and handlers of hemp in this State, but shall not apply to transporters of hemp engaged in interstate commerce.
(c) No person shall grow, process, or handle hemp in this State, unless authorized by an annual license issued by the Department pursuant to this chapter.
(d) All moneys collected by the Department pursuant to the Program shall be deposited into the New Jersey Hemp Farming Fund. Moneys in the fund shall be used for the administration and enforcement of the Program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 2:25-1.3 - Records designated as confidential

Current through Register Vol. 56, No. 14, July 15, 2024
In addition to records designated as confidential pursuant to the provisions of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., and any other law, rule, or Executive Order; the license application, supporting documentation, filed hemp producer reports, or any testing results shall not be considered government records subject to public access pursuant to OPRA. The only information that shall be considered public shall be the hemp producer's name, email address, and mailing address.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 1 - GENERAL PROVISIONS › Section 2:25-1.4 - Information submitted to U.S. Secretary of Agriculture

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall collect, maintain, and report to the U.S. Secretary of Agriculture relevant, real time information for the following:
1. The contact information for each hemp producer operating under the Program;
2. A legal description of the land on which hemp is grown by each licensed hemp producer; and
3. The status and number of each hemp producer's license or other required authorizations and any changes to that status.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 2 - ANNUAL APPLICATION FOR LICENSE › Section 2:25-2.1 - Information required for annual license applications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each person applying for a license under the Program shall annually submit a signed, complete, accurate, and legible application form.
(b) Processors and handlers shall apply to the Department at least 30 days prior to the anticipated date of handling or processing hemp.
(c) Growers shall apply to the Department at least 30 days prior to the anticipated date of planting.
(d) All applications shall include the following:
1. The name and address of the applicant;
2. If applicable, the business name(s) and type of business entity, including the employer identification number;
3. The legal description of the property on which the growing, processing, or handling area is proposed. This includes, but is not limited to, the county, municipality, and block and lot number(s);
4. The geospatial location, including the global positioning system location coordinates taken at the approximate center of the proposed licensed area;
5. A map of the licensed area on which the applicant plans to grow or process hemp showing the boundaries and dimensions of the growing area(s) in acres or square feet; and
6. A criminal background check from the New Jersey State Police for the applicant and other key participants. The applicants are responsible for obtaining and paying for such background checks. The background checks are to be included with the application at the time of submission.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 2 - ANNUAL APPLICATION FOR LICENSE › Section 2:25-2.3 - Institutions of higher education requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A New Jersey IHE that plans to cultivate and study industrial hemp in the State is required to obtain a license from the Department. The following information must be submitted to the Department:
1. A criminal background check from the New Jersey State Police is necessary for the applicants and other key participants. The applicant is responsible for obtaining and paying for such background checks. The background checks are to be included with the application at the time of submission.
2. Principal investigator's (PI) contact information and each additional person with authority to report hemp project activity to the Department;
3. Full names of each employee who will be primarily responsible for the growing, processing, or handling the hemp producer's hemp;
4. A detailed research plan;
5. Address of each location and geospatial location, including GPS coordinates of each licensed area, building, or site where hemp will be stored, processed, or handled;
6. Map(s) depicting each site where hemp will be grown, handled, processed, or stored, and designating entrances and specific points where GPS coordinates were taken;
7. The Department may request a letter of support from the department chair or any other authorized official from the IHE;
8. IHE hemp producers shall comply with all applicable reporting, inspection, and compliance conditions in this chapter;
9. IHE hemp producers shall report to the Department any changes to information provided in the license or any previously submitted reports, including any changes to the purchase agreement or statement of intended disposition, within 10 days of such change;
10. There is no application fee for an IHE; and
11. The Department may charge collection and testing fees in the amount of $ 150.00 for each plot and/or variety sampled.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 3 - ACQUISITION OF HEMP SEEDS, PROPAGULES, OR PLANTLETS › Section 2:25-3.1 - Acquisition of hemp seeds, propagules, or plantlets

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hemp, including plants, seeds, propagules, or plantlets, may only be obtained by a hemp producer after written Departmental approval of the hemp variety.
(b) The Department shall not approve a hemp seed, propagule, or plantlet request, unless the person affirms, in writing, that the requested seed acquisition plan shall not infringe on any intellectual property right.
(c) Submission of a hemp seed, propagule, or plantlet acquisition plan to the Department shall include documentation showing that mature plants grown from that seed variety or strain have a floral material delta-9 THC content of not more than 0.3 percent on a dry weight basis in compliance with the provisions of N.J.A.C. 2:25-5.2.
(d) For seeds, propagules, or plantlets acquired from within the United States, tribal lands, or territories, documentation must be provided to verify that the hemp seed, propagule, or plantlet source is either an approved seed or has originated from a USDA-approved hemp program.
(e) If hemp seeds, propagules, or plantlets are sourced from outside a USDA-approved hemp program, such as from a foreign nation, the hemp producer is responsible for any additional import requirements.
(f) The Department may maintain a list of approved seed varieties or strains on its website.
(g) All hemp shipments must be accompanied by:
1. Proof of authorization to engage in the commercial sale of hemp; and
2. A travel manifest that lists the origin, destination, product description, and date of transport.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 3 - ACQUISITION OF HEMP SEEDS, PROPAGULES, OR PLANTLETS › Section 2:25-3.2 - Prohibition of noncompliant hemp

Current through Register Vol. 56, No. 14, July 15, 2024
The Department may prohibit from the Program any hemp plants, seeds, propagules, or plantlets in order to comply with Federal or State law and administer the Program efficiently.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 4 - REPORTING REQUIREMENTS FOR HEMP PRODUCERS › Section 2:25-4.1 - Pre-Planting Report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All growers and IHE hemp producers shall file a Pre-Planting Report on a form provided by the Department at least five days prior to planting that includes:
1. A statement of verification that the hemp producer has reasonable grounds to believe that the crop the hemp producer will plant is of a type and variety of cannabis that will produce a delta-9 THC concentration of no more than 0.3 percent on a dry weight basis;
2. A description of the cannabis varieties, including hemp, to be planted on the licensed area, which shall include all plant material to be used for cultivation of cannabis within a licensed area;
3. In order to avoid cross-pollination effects, hemp may not be grown outdoors in close proximity to non-hemp varieties of cannabis, nor may hemp be grown within the same greenhouse structure as non-hemp varieties of cannabis;
4. A statement of intended end use for all parts of any cannabis plants, including hemp, grown within a licensed area; and
5. The name and location of any hemp processing plant to be utilized.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 4 - REPORTING REQUIREMENTS FOR HEMP PRODUCERS › Section 2:25-4.2 - Planting Report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 10 days after planting any hemp, and/or 10 days after emergence of any volunteer hemp plants in a licensed area, each grower or IHE hemp producer shall submit a Planting Report on a form provided by the Department that includes:
1. A list or description of all varieties of hemp planted, or of volunteer hemp plants that have emerged and are not destroyed, within a licensed area; and
2. The geospatial location, including global positioning system coordinates and a map showing the location and actual acreage or square feet of each variety of hemp planted, or of volunteer hemp plants that have emerged and are not destroyed, within a licensed area.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 4 - REPORTING REQUIREMENTS FOR HEMP PRODUCERS › Section 2:25-4.3 - Harvest/Disposal Report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At least 30 days prior to harvest, each grower or IHE hemp producer shall file a Harvest/Disposal Report on a form provided by the Department that includes:
1. Documentation that the hemp producer has entered into a purchase agreement with a licensed hemp processor either in this State or under a USDA-approved hemp program. If the hemp producer has not entered into such an agreement, the hemp producer shall include a statement of intended disposition of the hemp crop; and
2. The harvest date(s) and location of each variety of hemp cultivated within a licensed area.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 4 - REPORTING REQUIREMENTS FOR HEMP PRODUCERS › Section 2:25-4.4 - Production Report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All hemp producers shall submit a completed Production Report form about the prior year's production on or before December 1 annually. The Production Report shall include:
1. The number of acres or square feet planted;
2. Varieties planted;
3. Production methods;
4. Production inputs/yields; and
5. Any other information requested by the Department.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 4 - REPORTING REQUIREMENTS FOR HEMP PRODUCERS › Section 2:25-4.5 - Hemp Crop Acreage Report to Farm Service Agency (FSA)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hemp producers shall report hemp crop acreage to the FSA, and shall include with the report, at a minimum:
1. Street address and, to the extent practicable, geospatial location for each lot or greenhouse where hemp will be produced. If an applicant operates in more than one location, that information shall be provided for all production sites;
2. Acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the productions of hemp; and
3. License or authorization identifier.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 5 - INSPECTION, SAMPLING, AND TESTING › Section 2:25-5.1 - Right to enter and inspect

Current through Register Vol. 56, No. 14, July 15, 2024
As a condition of licensure, hemp producers and/or their agents shall permit the Department, the Department of Law and Public Safety, and any other State or local law enforcement to enter onto all premises where hemp is cultivated, handled, or processed to conduct a physical inspection or otherwise ensure compliance with the Program. The Department may give notice to a hemp producer of an upcoming inspection during business hours and may require a hemp producer and/or agent to be present during any inspection.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 5 - INSPECTION, SAMPLING, AND TESTING › Section 2:25-5.2 - Inspection, sampling, and testing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Inspections and sampling shall be as follows:
1. All hemp producers are subject to annual Departmental inspection and sampling to verify that the delta-9 THC concentration of the cannabis planted within a licensed area does not exceed 0.3 percent on a dry weight basis;
2. The Department may sample and/or test any hemp or hemp products to verify compliance with this chapter;
3. The Department's inspectors or an authorized agent shall collect a minimum of two samples from each variety planted during the growing season and before harvest to ensure compliance with the Federally defined THC level for hemp in the Program;
4. In addition to the annual inspection and sampling referenced in (a)1 above, the Department may inspect, and take samples from, any licensed area during normal business hours without advance notice. The Department may also conduct such additional inspections and sampling if there is reason to believe a violation of the Program may be occurring and to verify compliance with the reporting requirements of the Program;
5. If a hemp producer voluntarily surrenders any license, the Department may exercise its discretion to inspect and sample any licensed area prior to accepting the surrender;
6. The Department may require the hemp producer or the hemp producer's agent to be present during an inspection to provide the Department's inspector with complete and unrestricted access to all hemp and/or cannabis plants, parts, and seeds within a licensed area whether growing or harvested, and all land, buildings, and other structures used for the cultivation and storage of hemp. During a scheduled sample collection, the hemp producer or the hemp producer's agent shall be present at the growing site;
7. The Department may require access and/or copies of all documents and records pertaining to the hemp producer's business at any time. Such records shall be promptly produced, ample time for review shall be provided, and copies may be required;
8. Individual or composite samples of each variety of hemp may be sampled from the licensed area at the Department's discretion;
9. The method used for sampling from the flower material of the cannabis plant must be sufficient at a confidence level of 95 percent that no more than one percent of the plants in the lot would exceed the Federally defined THC level for hemp. The method used for sampling must ensure that a representative sample is collected that represents a homogeneous composition of the lot;
10. The Department or an authorized agent shall collect samples from the flower material within 15 days prior to the anticipated harvest of cannabis plants;
11. A hemp producer shall not harvest the cannabis crop prior to samples being taken; and
12. Samples of hemp plant material from one lot shall not be commingled with hemp plant material from other lots.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 5 - INSPECTION, SAMPLING, AND TESTING › Section 2:25-5.3 - Labeling of hemp products by New Jersey processors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) New Jersey processors shall label hemp products to distinguish between hemp extract, CBD, or hemp oil.
(b) New Jersey processors shall label hemp products to include: the amount of oils or extract, the percentage of THC, and the percentage of CBD extract contained.
(c) New Jersey floral processors shall submit a current Certificate of Analysis (COA) and receive program approval for out-of-State-sourced material prior to importation and acceptance to verify compliance with the Federally acceptable hemp THC level.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 5 - INSPECTION, SAMPLING, AND TESTING › Section 2:25-5.4 - Third-party laboratory compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hemp producers may utilize either the Department's laboratory or third-party laboratories to demonstrate compliance with the Federally defined THC level for hemp.
(b) Third party laboratories shall apply to the Program annually as handlers.
(c) Third-party laboratories shall:
1. Be registered and accredited in accordance with State and Federal law, rules, and regulations;
2. Be registered with the Program as a handler;
3. Comply with the Department's testing procedures pursuant to this chapter;
4. Transmit laboratory results directly to their client and to the Department for all licensed New Jersey processors and growers submitting regulatory samples, in order to receive final Departmental approval;
5. Submit to random quality assurance testing by the Department to validate the accuracy of testing results; and
6. Take and pass an annual performance test, if requested by the Department, to ensure the accuracy of their testing methods.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 6 - VIOLATIONS, PENALTIES, AND APPEALS › Section 2:25-6.1 - Negligent violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall require a hemp producer to comply with a Corrective Action Plan for any negligent violation of this chapter. A Corrective Action Plan established by the Department to correct the negligent violation may include, but is not limited to:
1. A date by which the hemp producer shall correct the negligent violation;
2. The steps necessary to come into compliance; and
3. A requirement that the hemp producer shall periodically report its compliance measures to the Department for a period of not less than the next two calendar years from the date of the negligent violation. The Department shall perform inspections as necessary.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 6 - VIOLATIONS, PENALTIES, AND APPEALS › Section 2:25-6.2 - Violations with a culpable mental state greater than negligence

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Department determines that a person has violated the Program with a culpable mental state greater than negligence, the Department shall order the person to suspend all hemp growing, processing, and/or handling operations immediately.
(b) A notice of violation with a culpable mental state greater than negligence shall be immediately referred to the United States Attorney General, New Jersey Department of Law and Public Safety, and any other applicable Federal, State, and/or local law enforcement.
(c) A hemp producer may appeal any adverse determination rendered by the Department in accordance with N.J.A.C. 2:25-6.4.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 6 - VIOLATIONS, PENALTIES, AND APPEALS › Section 2:25-6.3 - Civil and civil administrative penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every day upon which a violation occurs at the same location or by the same person shall be considered a separate violation for the purpose of calculating civil administrative penalties. Nothing in this section shall limit the applicability of any other penalties prescribed in this chapter, including the implementation of a Corrective Action Plan or of license suspension or revocation.
(b) The Department may issue civil administrative penalties based upon the seriousness of the misconduct.
1. Any unlicensed person growing, processing, or handling hemp shall be subject to a civil administrative penalty of up to $ 5,000 per day.
2. A person guilty of interfering, or refusing to cooperate, with any inspection or sampling procedures to be conducted by the Department shall pay a penalty of $ 500.00 for the first offense, $ 1,000 for the second offense, and $ 2,000 for each subsequent offense.
3. A person who fails to submit timely reports or does not respond to the Department's communications within a reasonable amount of time shall pay a penalty of $ 100.00 for the first offense, $ 200.00 for the second offense, and $ 300.00 for each subsequent offense.
4. No assessment shall be levied under this subsection until after the party has been notified by certified mail or personal service and has been provided an opportunity for a hearing in accordance with N.J.A.C. 2:25-6.4.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 25 - NEW JERSEY HEMP PROGRAM RULES › Subchapter 6 - VIOLATIONS, PENALTIES, AND APPEALS › Section 2:25-6.4 - Notice and appeals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department shall provide a reasonable opportunity to amend an application that is insufficient or to resolve any minor violations of this chapter.
(b) The Department shall provide written notice by regular mail, certified mail, or personal service, to a hemp producer upon a finding of a violation. Such notice shall include:
1. The facts pertaining to the violation;
2. A reference to the rule(s) and/or statute(s) that have been violated;
3. A finding that the conduct constitutes a negligent violation or a violation with a culpable mental state greater than negligence;
4. A statement explaining whether the Department has informed law enforcement of the violation;
5. The basis for the civil administrative penalty issued, if any; and
6. A statement explaining the person's right to a hearing, and that he or she must file an appeal within 20 days of receiving notice.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 31 - CHARITY RACING DAY FUND DISTRIBUTION › Subchapter 1 - DISTRIBUTION OF CHARITY RACING DAY FUNDS › Section 2:31-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the application procedure for the awarding of Charity Racing Day grants to the Horse Park of New Jersey and to organizations which care for retired race horses. It also sets forth the criteria by which the New Jersey Department of Agriculture shall evaluate applications and award grants.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 31 - CHARITY RACING DAY FUND DISTRIBUTION › Subchapter 1 - DISTRIBUTION OF CHARITY RACING DAY FUNDS › Section 2:31-1.2 - 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:
"Application" means the official application provided by the New Jersey Department of Agriculture.
"Department" means the New Jersey Department of Agriculture.
"Horse Park of New Jersey" is the New Jersey organization incorporated under the name "Horse Park of New Jersey at Stone Tavern, Inc." which manages the day-to-day operations of the equine show facility known as the Horse Park of New Jersey.
"Organization which cares for retired race horses" means an organization dedicated to the care of retired race horses in New Jersey.
"Secretary" means the Secretary of the New Jersey Department of Agriculture.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 31 - CHARITY RACING DAY FUND DISTRIBUTION › Subchapter 1 - DISTRIBUTION OF CHARITY RACING DAY FUNDS › Section 2:31-1.3 - Eligibility for funding

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The application procedure shall be as follows:
1. Each application for funding shall be submitted on forms provided by the Department of Agriculture no later than March 15 of each year to the New Jersey Department of Agriculture, Horse Breeding and Development, Division of Marketing and Development, PO Box 330, Trenton, New Jersey 08625-0330.
2. Each application from the Horse Park of New Jersey shall include a description of the proposed use of Charity Racing Day funds.
i. Applications shall be evaluated based upon the extent to which the proposed use of funds will be used for the continued development and promotion of the Horse Park of New Jersey.
3. The following apply to applications from organizations which care for retired horses:
i. Each application shall include the following information:
(1) Organization name, address, telephone number, fax number, name of primary contact and Federal tax identification number;
(2) A description of the organization and its mission; and
(3) A detailed explanation of how the requested funds will be used, specifically how they will benefit retired race horses and the New Jersey equine industry, including estimates of the number of animals and/or people positively impacted as a result of the funds.
ii. Applications shall be evaluated and awarded based upon:
(1) Whether the applicant meets the definition of an "organization which cares for retired race horses";
(2) The specific proposed use of the funds;
(3) The extent to which the proposed use of funds will benefit retired race horses and the equine industry in New Jersey.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 1 - SIRE STAKES PROGRAM › Section 2:32-1.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Sire Stakes Program incorporates herein by reference, as amended and supplemented, the 2021 U.S. Trotting Rule Book. Copies of the most current regulations may be procured online at
http://www.ustrotting.com/rulebook/
and are available for inspection by contacting the New Jersey Department of Agriculture, Division of Marketing and Development, 200 Riverview Plaza, Trenton, New Jersey. The Division's contact information can be found at:
http://www.nj.gov/agriculture/divisions/md/about/contacts.html
.
(b) All rules utilized by the New Jersey Department of Agriculture in the Administration of the Sire Stakes Program shall conform to the United States Trotting Association's Rule Book referenced at (a) above.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.2 - Qualifying standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to be eligible for nomination to the New Jersey Sire Stakes Program, a foal must be the product of the mating of a Standardbred mare with a resident New Jersey Sire Stakes stallion meeting the requirements at N.J.A.C. 2:32-2.3 and 2.4.
1. A foal that meets the criteria at (a) above, and which is the result of a breeding that occurred on a farm in New Jersey, or as a result of the intra-or inter-state transportation of the fresh semen of a qualifying stallion, may be eligible for nomination to the Sire Stakes Program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.3 - Requirements for Sire Stakes stallions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Sire Stakes stallion shall be a registered Standardbred stallion standing on a farm in New Jersey for breeding purposes in accordance with N.J.A.C. 2:32-2.4, and shall be owned by a resident of the State of New Jersey or leased by a resident of the State of New Jersey for a period of at least 10 years.
(b) A stallion must be registered with the Standardbred Breeders and Owners Association of New Jersey (SBOA-NJ) as a Sire Stakes stallion in order for his foals to be eligible to be nominated to the New Jersey Sire Stakes Program. Each Sire Stakes stallion shall be registered annually for a registration period beginning January 1 and ending December 31, which shall be referred to hereinafter as the "breeding season." In order for foals that are a result of the interstate shipment of fresh semen of a Sire Stakes stallion to be eligible for nomination to the Sire Stakes Program, the stallion of said foal must have been registered with the SBOA-NJ for participation in the interstate program.
(c) A completed stallion registration application must be received by the SBOA-NJ at: SBOA-NJ, 64 Business Route 33, Manalapan, NJ 07726, not later than December 1 of the year prior to that in which the stallion is to stand. In addition, a Certificate of Veterinary Inspection, completed by a licensed New Jersey veterinarian who examined the stallion at the beginning of the current breeding season, shall be submitted to the SBOA-NJ, along with a copy of the EIA-AGID test chart, no later than March 1. A Certificate of Veterinary Inspection shall be submitted for each dual hemisphere stallion on or before March 15 of the current breeding season by a licensed New Jersey veterinarian who examined the stallion prior to its first breeding of the season, and not later than March 1 of the year the stallion is registered and standing.
(d) Provided that they meet all other eligibility requirements set forth in these rules, the foals of stallions registered in accordance with this section shall be eligible to be nominated to all Premier Division races, all Standardbred Development Fund Division races, and any other races administered by the New Jersey Sire Stakes Program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.4 - Stallion standing full season

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to establish and maintain the eligibility of his foals for the Sire Stakes Program, a stallion must be present on the farm in New Jersey on which he is registered to stand by the dates published by the SBOA-NJ for the year for which he is registered as a Sire Stakes stallion and shall stand on that farm for breeding purposes for the full breeding season. A Sire Stakes stallion that is registered as a dual hemisphere stallion must be present on the farm on which he is registered to stand by the dates published by the SBOA-NJ of the year of registration, and shall stand on that farm for breeding purposes for the remainder of the breeding season, except that the Sire Stakes Board of Trustees may grant permission allowing a dual hemisphere stallion to leave the farm after July 15 of the breeding season in order to return to the southern hemisphere.
1. No Sire Stakes stallion shall be moved before the end of the breeding season from the farm on which he is registered to stand without the prior permission (excluding medical emergency) of the Sire Stakes Board of Trustees.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.5 - List of mares bred

Current through Register Vol. 56, No. 14, July 15, 2024
The stallion owner must supply the New Jersey Standardbred Breeders and Owners Association, the New Jersey Sire Stakes, and the United States Trotting Association a list of mares bred, on a form prescribed by the Sire Stakes Board of Trustees, identifying each mare that has been bred to said stallion including those mares that were bred through transported semen. A final list of mares bred is to be supplied by not later than September 15 of the breeding season and shall contain all breeding activity of said stallion for the entire breeding season, including those mares that were bred through transported semen.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.6 - Fund policy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After consideration of the Standardbred Development Fund portion of the Sire Stakes purse money and special event money is made, the Premier Division of the Sire Stakes purse money will be allocated as determined by the Board of Trustees.
(b) All Sire Stakes purse moneys shall be determined each year by the Board of Trustees of the New Jersey Sire Stakes.
(c) Advertised purse moneys for all New Jersey Sire Stakes, including contributions to special event races, are predicated upon the Pari-mutuel handle of New Jersey harness tracks and therefore are subject to change without notice. Starting fees may also be adjusted, but will never be more than originally advertised for the current season.
(d) All horsemen's fees are to follow a horse by sex and gait and the fees are to remain in the respective pools.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.7 - Transfer of race

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If for any reason it becomes impractical or undesirable, in the opinion of the New Jersey Sire Stakes Board of Trustees, to hold the race(s) at the advertised track, the New Jersey Sire Stakes Board, while making every effort to adhere as closely as possible to the advertised location, fees, date, and purse, reserves the right to change any of the foregoing or to cancel the event.
(b) It shall not be the responsibility of the New Jersey Sire Stakes Board of Trustees to individually inform Sire Stakes nominators, agents, or trainers of any of the changes mentioned in (a) above.
(c) The Board shall advertise or publicize changes in racing interest trade magazines such as the various Standardbred related magazines and/or newsletters, and suggests all program participants communicate with the New Jersey Sire Stakes offices.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.10 - Sustaining fees

Current through Register Vol. 56, No. 14, July 15, 2024
The Board of Trustees may reduce sustaining fees by majority vote; otherwise, the sustaining fee schedule will be as follows:
PREMIER DIVISION
Age
First Sustaining Fee
Second Sustaining Fee
2
$300.00 (Feb. 15)
$500.00 (Apr. 15)
3
$300.00 (Feb. 15)
$500.00 (Apr. 15)
STANDARDBRED DEVELOPMENT FUND DIVISION
Age
First Sustaining Fee
Second Sustaining Fee
2
$100.00 (Feb. 15)
$150.00 (Apr. 15)
3
$100.00 (Feb. 15)
$150.00 (Apr. 15)
RENAISSANCE PACE
Age
Sustaining Fee
2YO Open
$700.00 (Mar. 15)
2YO Filly
$400.00 (Mar. 15)
BREEDERS MATURITY
Age
Sustaining Fee
4YO Open
$200.00 (Feb. 15)
4YO Mares
$200.00 (Feb. 15)
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.11 - Payment dates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the Premier Division, the first sustaining payment on a two- or three-year-old must be made on or before February 15 of a year and the second sustaining payment on a two- or three-year-old must be made on or before April 15 of a year in order to remain eligible in that year.
(b) In the Standardbred Development Fund Division, the first sustaining payment on a two- or three-year-old must be made on or before February 15 of a year and the second sustaining payment on a two- or three-year-old must be made on or before April 15 of a year in order to remain eligible in that year. In the event that the 15th day of the aforementioned months falls on a Saturday, Sunday, or holiday, the payment must be postmarked on or before the next business day following the 15th of that month.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.12 - Eligibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order for Sire Stakes eligible two-year-old horses to remain eligible as three-year-olds, their owners must have made the yearling nomination and the first two-year-old sustaining payment. This condition applies to both the Standardbred Development Fund and Premier Divisions.
(b) A two-year-old's owner who makes the nomination payment but fails to make the first sustaining payment in either the Standardbred Development Fund or Premier Program may regain his or her horse's eligibility for its two-year-old and three-year-old seasons by payment of a penalty of $ 1,000 plus the amount of the first sustaining payment within 30 days of the original due date of the payment.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.13 - Dishonored checks

Current through Register Vol. 56, No. 14, July 15, 2024
An individual whose check for a sustaining payment, nominating payment, or starting fee is dishonored by the bank will be turned over to the New Jersey Racing Commission for appropriate action and the horse or horses will be immediately declared ineligible for all future Sire Stakes events until the check is made good. A $ 50.00 administrative fee must be paid for each dishonored check. After an individual has issued more than one dishonored check, all future payments must be made by certified check or money order.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.14 - No cash or partial payments

Current through Register Vol. 56, No. 14, July 15, 2024
The New Jersey Sire Stakes Program will accept no cash payment on nominating and sustaining payments. All fees must be paid in good United States funds. No post-dated checks or partial payments on a nominating, sustaining, or entry fee will be accepted on individual horses.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.15 - Refunds

Current through Register Vol. 56, No. 14, July 15, 2024
All requests for refunds on sustaining or nominating payments must be made by letter to the Board Secretary postmarked on or before the 15th of the month in which the payment is due. In the event that the 15th falls on a Saturday, Sunday, or holiday, the due date will be the next business day following the 15th.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 32 - SIRE STAKES PROGRAM › Subchapter 2 - NEW JERSEY SIRE STAKES CONDITIONS › Section 2:32-2.16 - Time of declaration

Current through Register Vol. 56, No. 14, July 15, 2024
Starters declare in at the same time as in practice for overnight events at the raceway where Sire Stakes Races will be contested. Under no circumstances shall late entries be accepted.