reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 4 - JERSEY FRESH MATCHED FUNDS PROGRAM › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
NEW JERSEY DEPARTMENT OF AGRICULTURE APPLICATION FOR "JERSEY FRESH" DEVELOPMENT AND/OR PROMOTIONAL FUNDS
The undersigned hereby applies for matched funds to be used in market development programs and/or promotion of New Jersey grown or produced agricultural commodities during calendar year ________ .
In consideration of the receipt of such funds, the undersigned agrees:
1. To provide an equal amount of monetary funds for the specified purpose.
2. To use the New Jersey Department of Agriculture Jersey Fresh promotion theme, slogan and/or logo in conjunction with their programs. (Logo "Slick Sheets" will be provided.)
3. To submit to the New Jersey Department of Agriculture a notarized listing of expenditures at the completion of the promotional program.
________________________________________________________
ORGANIZATION ______________________________________
ADDRESS _____________________________________________
CITY _________________ STATE ___________ ZIP _________
TELEPHONE ________ VENDOR FEDERAL ID # ________
SIGNATURE ___________________________ DATE ________
AMOUNT OF MATCHED FUNDS REQUESTED FROM THE NEW JERSEY DEPARTMENT OF AGRICULTURE $ _________
SCHEDULED DATE OF EVENT (IF APPLICABLE) ______
Return this application by __________ to Director, New Jersey Department of Agriculture,
Division of Markets, PO Box 330, Trenton, New Jersey 08625-0330. PLEASE BE SURE TO ATTACH A W-9 FORM.
Purpose of Organization
1. Please describe your organization, its purpose or mission.
________________________________________________________
________________________________________________________
________________________________________________________
JERSEY FRESH MATCHED FUNDS APPLICATION
PART II
(Use separate sheets as needed)
1. Explain in detail how your proposed project will benefit the New Jersey Agricultural Industry, and complement the existing Jersey Fresh program.
2. Include the estimated number of people, projected participants, audience, or targeted individuals (i.e., the number of people who you anticipate benefiting from your project).
3. Outline promotional program and provide a breakdown of estimated costs of all components of the program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 4 - JERSEY FRESH MATCHED FUNDS PROGRAM › Appendix B

Current through Register Vol. 56, No. 14, July 15, 2024
NEW JERSEY DEPARTMENT OF AGRICULTURE AFFIDAVIT OF PERFORMANCE
The undersigned hereby acknowledges the receipt of $ _________ on or about ______________ from the New Jersey Department of Agriculture used in a program of market development, promotion, and/or education of New Jersey grown or produced agricultural commodities.
The undersigned attests that he/she/it contributed monetary funds to at least match (on a dollar for dollar basis) those provided by the New Jersey Department of Agriculture in the amount of $ ___________ and that a total of $ ___________ was expended for the following program(s).
The following is an itemization of all expenditures directly incurred with the use of Jersey Fresh Matched Funds. ATTACH PAID INVOICES, CANCELED CHECKS OR OTHER RECEIPTS which show your total expenditures. (Attach additional sheets as required.)
ORGANIZATION ______________________________________
ADDRESS _____________________________________________
CITY _________________ STATE ___________ ZIP _________
SIGNATURE __________________________ TITLE ________
Subscribed and sworn to before me
this ___________ day of ______________ 19___.
__________________________________________
Notary Public of New Jersey
RETURN THIS FORM BEFORE __________ to Director, NJ Department of Agriculture, Division of Markets, PO Box 330, Trenton, New Jersey 08625-0330.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 5 - MARKING OPEN AND CLOSED PACKAGES OF POTATOES › Section 2:71-5.1 - General provisions; purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The following sections of this subchapter are adopted by the State Board of Agriculture to effect administration and enforcement of chapter 116, Laws of 1963, and chapter 164, Laws of 1974, under authority prescribed therein.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 5 - MARKING OPEN AND CLOSED PACKAGES OF POTATOES › Section 2:71-5.2 - Grades on potato package

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every package of potatoes shall be classified as meeting the requirements of one of the United States grades, or of "unclassified", or of "culls".
(b) Use of such terms as "ungraded", "field run", "pick outs", or any other term, not specified in the act, to indicate grade or quality, is prohibited.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 5 - MARKING OPEN AND CLOSED PACKAGES OF POTATOES › Section 2:71-5.3 - Markings of potato package

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All required marking shall be clear and legible, plainly painted, stenciled or stamped.
(b) Labels used in connection with transparent film type packages shall, if inserted, be placed face out in a conspicuous manner and position.
(c) All packages shall contain the required markings whether they are master containers or packages within master containers.
(d) The following schedule of labeling shall prevail:
1. For packages containing less than 10 pounds, all required marking shall be at least 3/16 inch in height.
2. For packages containing 10 or more and less than 50 pounds, all required marking shall be at least 3/8 inch in height.
3. For packages containing 50 pounds or more, all required markings shall be at least 5/8 inch in height.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 5 - MARKING OPEN AND CLOSED PACKAGES OF POTATOES › Section 2:71-5.4 - Tags

Current through Register Vol. 56, No. 14, July 15, 2024
When tags are used, all required markings shall be at least 5/8 inch in height, and whenever the words "unclassified" or "culls" are used, they shall be at least one inch in height.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 5 - MARKING OPEN AND CLOSED PACKAGES OF POTATOES › Section 2:71-5.5 - Invoices and/or manifests (bills of lading)

Current through Register Vol. 56, No. 14, July 15, 2024
All persons selling, offering for sale or transporting for sale in this State potatoes in open or closed packages for processing or repacking purposes shall furnish the buyer an invoice and/or manifest covering each sale of such potatoes stating that the potatoes are for processing or repacking. Any lot of potatoes not accompanied by such document shall be considered as coming under the provisions of this act.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 5 - MARKING OPEN AND CLOSED PACKAGES OF POTATOES › Section 2:71-5.6 - Prohibition of sale

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Packages of potatoes found improperly marked in violation of the act shall be tagged or otherwise appropriately identified by the secretary or his duly authorized representative, thus giving notice that such packages are misbranded, mislabeled or misrepresented, and warning all persons not to remove or dispose of such potatoes, by sale or otherwise, until such potatoes are properly branded or labeled, and permission to dispose of them has been granted by the secretary or his duly authorized representative.
(b) It shall be a violation of the act, or the rules and regulations pursuant thereto, for any person to remove or dispose of potatoes so seized, by sale or otherwise, without this permission.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 5 - MARKING OPEN AND CLOSED PACKAGES OF POTATOES › Section 2:71-5.7 - Responsibility of packer or repacker

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Final determination of compliance with the act and its regulations shall be based upon the facts available at the time and place of inspection. The possessor, however, is responsible for maintaining the grade, whether he be grower, packer or repacker, shipper, dealer, distributor or retailer. Lots of potatoes that fail to comply with the act and its regulations shall be relabeled or regraded to meet compliance.
(b) In interpreting the word "person" in chapter 164, Laws of 1974, the New Jersey Department of Agriculture shall assess a penalty against the individual found responsible for the violation at the specific place involved.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 6 - "JERSEY BRED" LOGO › Section 2:71-6.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
A New Jersey producer of horses or 4-H market lambs or an organization of New Jersey producers of horses or 4-H market lambs is permitted to make application to the New Jersey Department of Agriculture for the use of the "Jersey Bred" logo in marketing their horses or 4-H market lambs.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 6 - "JERSEY BRED" LOGO › Section 2:71-6.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For the purposes of this subchapter, the following words and terms shall have the following meanings unless the context clearly indicates otherwise.
"Born" means brought forth by birth.
"Foaled" means to give birth to a horse or pony.
"4-H market lamb" means a lamb raised by a member of a 4-H program to be sold at a State or county market or fat lamb sale.
"Horses" includes horses, ponies, donkeys and mules and miniature breeds.
"Producer" means a farmer that owns and maintains animals in New Jersey.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 6 - "JERSEY BRED" LOGO › Section 2:71-6.4 - Horses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Jersey Bred pleasure horse shall meet all requirements set forth in 2:34-2.1(b).
(b) A Jersey Bred Standardbred shall meet all requirements set forth in 2:32-2.2.
(c) A Jersey Bred Thoroughbred shall meet all requirements set forth in 13:70-6.5 3.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 6 - "JERSEY BRED" LOGO › Section 2:71-6.5 - 4-H market lambs

Current through Register Vol. 56, No. 14, July 15, 2024
All 4-H market lambs born in the State of New Jersey will be eligible for the use of the Jersey Bred logo as long as the ewe has been in the State for the last trimester (50 days) of her pregnancy.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 7 - "JERSEY GROWN" LOGO › Section 2:71-7.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A New Jersey farmer, grower, or producer of agricultural or horticultural products is permitted to make application to the New Jersey Department of Agriculture for the use of the "Jersey Grown" logo if they satisfy the following:
1. A New Jersey producer of nursery stock, plant material, or ornamental annual plant material, who is certified pursuant to N.J.A.C. 2:16 to sell or distribute nursery stock or plant material and who complies with the applicable requirements set forth in 2:71-7.4 and 7.9;
2. A New Jersey grower of cut Christmas trees who complies with the requirements set forth in 2:71-7.5;
3. A New Jersey grower of turfgrass sod who complies with the requirements set forth in N.J.A.C. 2:16-7 and 2:71-7.6;
4. A New Jersey firewood producer who complies with the requirements set forth in 13:47C-3.1 and 2:71-7.7; or
5. A New Jersey sunflower seed (not for human consumption) producer who complies with the requirements set forth in 2:71-7.8.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 7 - "JERSEY GROWN" LOGO › Section 2:71-7.4 - Plant material and nursery stock

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the authority of 1:30-2.2, the Department hereby adopts and incorporates by reference, the American National Standards Institute, "American Standard for Nursery Stock," ANSI Z60.1-1996 as the standard for the nursery stock. All nursery stock shall meet or exceed the nursery stock and plant standards set forth the American Nursery and Landscape Association ANSI Z60.1-1996.
1. Copies may be obtained by contacting the American Nursery and Landscape Association, 1250 I Street, N.W., Suite 500, Washington, DC 20005.
2. A copy is on file in the Director's office--Division of Plant Industry, New Jersey Department of Agriculture, PO Box 330, Trenton, New Jersey 08625-0330.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 7 - "JERSEY GROWN" LOGO › Section 2:71-7.5 - Cut Christmas trees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the authority of 1:30-2.2, the Department hereby adopts and incorporates by reference, the "United States Standards for Grades of Christmas Trees" § 51.3085 through 51.3106, effective October 30, 1989 and reprinted January 1997, as amended and supplemented, as the standard for cut Christmas trees. All cut Christmas trees utilizing the "Jersey Grown" logo shall meet or exceed the standards set forth at § 51.3087 for grade "U.S. No. 1".
(b) Copies of the "United States Standards for Grades of Christmas Trees" may be obtained from the following:
1. U.S. Department of Agriculture, Agricultural Marketing Service, Fresh Products Branch Standardization Section, Fruit and Vegetable Programs, 1400 Independence Ave, SW Room 2065-S, Stop Code 0240, Washington, D.C. 20250-0240;
2. Online at the Agricultural Marketing Service website:
http://www.ams.usda.gov/standards/christtr.pdf
;
3. The Director's office - Division of Marketing and Development, New Jersey Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625-0330; or
4. The Executive Secretary's office - New Jersey Christmas Tree Growers Association, P.O. Box 211, Stockton, NJ 08559.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 7 - "JERSEY GROWN" LOGO › Section 2:71-7.6 - Turfgrass sod

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All turfgrass sod marketed under the program shall meet or exceed the standards set forth at N.J.A.C. 2:16-7, Turfgrass Sod, or shall meet the conditions set forth in (b) below.
(b) Growers who do not meet or exceed the standards set forth in N.J.A.C. 2:16-7 solely because the turfgrass species and varieties they wish to utilize are not yet approved by the Turfgrass Extension Specialist, SEBS, Rutgers, the State University, must obtain Department approval prior to planting. To be eligible for Department approval, all turfgrass species and varieties must be recognized and recommended by appropriate specialists at other universities as suitable for growing under New Jersey conditions. Plantings approved by the Department will be considered pilot projects for a period not to exceed five years.
(c) Licensed individuals or entities must satisfy all the conditions set forth in 2:71-7.3 and 4:10-5 and 4:10-14 and pay a $ 3.00 inspection fee for each acre entered.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 7 - "JERSEY GROWN" LOGO › Section 2:71-7.7 - Firewood

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All firewood marketed under the program shall meet or exceed the New Jersey Office of Weights and Measures standards set forth at 13:47C-3.1, Cordwood and Firewood.
(b) All firewood marketed under the program shall be harvested from trees grown in New Jersey from private forestlands managed under a forest management plan approved by a Forester, certified by the Society of American Foresters or by another certification entity which can demonstrate standards of comparable rigor.
(c) All firewood marketed under the program shall conform to the requirements set forth at N.J.A.C. 2:20, Quarantines, to ensure that firewood is not moved outside regulated areas unless accompanied by a valid certificate or limited permit issued by the United States Department of Agriculture, Animal and Plant Health Inspection Service or the Department.
(d) Licensed individuals or entities must satisfy all the conditions set forth in 2:71-7.3 and 4:10-5 and 4:10-14.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 7 - "JERSEY GROWN" LOGO › Section 2:71-7.8 - Sunflower seeds (not for human consumption)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All sunflower seeds marketed under the program shall meet the following standards:
1. Purity: Minimum 98 percent;
2. Test weight: Minimum 27 lbs/Bu;
3. Moisture: Maximum 10 percent;
4. Heat damage: Maximum two percent;
5. Insect damaged seed: Maximum five percent; and
6. Other factors: No mold, objectionable odor or live infestation present at time of delivery and shall not contain any prohibited noxious weed seed pursuant to 2:21-4.1.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 7 - "JERSEY GROWN" LOGO › Section 2:71-7.9 - Ornamental annual plant material

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Plants shall have enough healthy roots to hold their root ball intact when removed from their growing container.
(b) Plants must have a canopy large enough to cover the soil when viewed from above and or have a stem caliper large enough to support its normal canopy or floral display.
(c) Plants should be no taller than three times the container depth.
(d) Plant foliage should be in a normal state of growth and not overly hardened or stunted.
(e) Plants shall be free of all disease, physiological defects, and physical injury.
(f) Containers shall be free from the presence of any foreign plants (weeds, grasses, etc.).
(g) Each bedding plant package must have a care/culture tag and an identification tag correctly specifying the common name and the botanical genus and species of the plant in the package.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 8 - "JERSEY ORGANIC" LOGO › Section 2:71-8.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
A New Jersey "Jersey Organic" producer or handler who is certified by a United States Department of Agriculture, National Organic Program Accredited Certifying Agent to sell or distribute products identified as organic agricultural products is permitted to make application to the New Jersey Department of Agriculture for a license to use the "Jersey Organic" logo in marketing agricultural commodities.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 8 - "JERSEY ORGANIC" LOGO › Section 2:71-8.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall have the following meanings. Words of art undefined in the following paragraphs shall have the meaning attributed to them by trade usage or general usage as reflected by definition in a standard dictionary, such as Webster's.
"Agricultural commodities" means any fresh fruits, vegetables, ornamental, horticultural and floricultural products listed in 2:71-2.4.
"Certified" means an entity determined to be in compliance with the United States Department of Agriculture, National Organic Program, 7 CFR Part 205.
"Certifying agent" means any entity accredited by the United States Secretary of Agriculture as a certifying agent pursuant to the National Organic Program, 7 CFR Part 205.
"Crops" means a plant or part of a plant intended to be marketed as an agricultural product or fed to livestock.
"Department" means the New Jersey Department of Agriculture.
"Handler" means any person engaged in the business of handling agricultural products, including producers who handle crops or livestock of their own production, except such term shall not include final retailers of agricultural products that do not process agricultural products. For the purposes of this definition, handling shall include the selling, processing or packaging of agricultural products and shall not include the sale, transportation of delivery of crops or livestock by the producer thereof to a handler.
"Livestock" means any cattle, sheep, goat, swine, poultry, or equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; wild or domesticated game; or other non-plant live, except such term shall not include aquatic animals or bees for the production of food, fiber, feed, or other agricultural-based consumer products.
"Producer" means a person who engages in the business of growing or producing food, fiber, feed and other agricultural-based consumer products.
"Organic" means a labeling term that refers to any agricultural products produced in accordance with the National Organic Program, 7 CFR Part 205.
"Organic certification number" means the identification number listed on the organic certification certificate issued to the organic producer or handler.
"Retailer" means a restaurant, delicatessen, bakery, grocery store, or any retail outlet with an in-store restaurant, delicatessen, bakery, salad bar or other eat-in or carry-out service of processed or prepared raw and ready-to-eat food.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 8 - "JERSEY ORGANIC" LOGO › Section 2:71-8.3 - Use of the "Jersey Organic" logo

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department approves the use of "Jersey Organic" in conjunction with the New Jersey map symbol under provisions of N.J.S.A. 4:10-5 and 4:10-15 as an official emblem for identifying New Jersey produced organic products.
(b) The configuration of the "Jersey Organic" logo is as follows:
Click here to view
(c) Persons, firms, partnerships, corporations, cooperatives, or associations must possess a valid organic certificate, issued from a certifying agent in order to apply for and utilize the "Jersey Organic" logo.
(d) Only those persons, firms, partnerships, corporations, cooperatives or associations licensed to use the "Jersey Organic" logo pursuant to N.J.A.C. 2:71-8.4, shall be permitted to attach or imprint it upon any documents, labels, packages or containers related to their products or to employ its use in advertising or in any manner whatsoever. Layout of proposed advertising to be used for the marketing of "Jersey Organic" agricultural products must be submitted to and approved by the Department's Division of Marketing and Development in advance of its manufacture and/or use. Advertising layouts will be evaluated based upon the following criteria:
1. The color scheme of the advertisement;
2. The font used;
3. The configuration, color, and size of the logo;
4. Placement of the logo;
5. The advertising medium used; and
6. Consistency with the wholesome image of the "Jersey Fresh" Promotional Program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 8 - "JERSEY ORGANIC" LOGO › Section 2:71-8.4 - Licensing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any producer or handler wishing to employ the "Jersey Organic" logo shall make application to the New Jersey Department of Agriculture for a license to do so. The application shall be made in writing, upon a form provided by the Department for this purpose. The application shall identify the name, address and organic certification number of the user, the commodities for which the user is seeking a license and other such information as the Department deems necessary for the enforcement of the "Jersey Organic" logo program. Applications can be obtained by contacting the Department at Director, Division of Marketing and Development, N.J. Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625-0330.
(b) All applications approved for issuance of a license shall have the license granted for the period of one year commencing April 1. Licenses shall be renewed annually upon application filed with the Department 60 days prior to April l of each year.
(c) A non-refundable annual fee of $ 30.00 shall accompany all initial and license renewal application forms and shall be made payable to the New Jersey Farm Products Publicity Fund.
(d) The Department will hold confidential any information provided in the application which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under the Open Public Records Act, 47:1A-1 et seq., subject to the limitations set forth therein.
(e) The Division of Marketing and Development shall make an initial determination as to whether to deny an initial license or an annual license renewal pursuant to (a) and (b) above, or revoke a license as provided in 2:71-8.5(b).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 8 - "JERSEY ORGANIC" LOGO › Section 2:71-8.5 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, firm, partnership, corporation, cooperative, or association using the "Jersey Organic" logo for organic agricultural commodities without satisfying the requirements set forth at 7 CFR Part 205 or this subchapter, any unlicensed or uncertified producer or handler using the "Jersey Organic" logo, or anyone violating any provision at N.J.S.A. 4:10-1 et seq., shall be subject to a penalty of not more than $ 100.00 for the first offense and not more than $ 200.00 for each subsequent offense, except for violations at N.J.S.A. 4:10-5, which penalty shall be $ 100.00. Whenever an offense involves false, misleading, or improper labeling of farm products, each package shall constitute a separate offense.
(b) After the second violation of any part of this subchapter by the same licensed person, firm, partnership, corporation, cooperative or association during the same calendar year, the license to use the "Jersey Organic" logo shall be revoked for the remainder of the license year.
1. The Division of Marketing and Development shall make an initial determination as to whether to revoke a license under this subsection.
2. Revocation of a license pursuant to this subsection does not prohibit a licensee from reapplying for a license for the next license year.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 9 - "JERSEY SEAFOOD" LOGO › Section 2:71-9.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
A licensed aquatic farmer, commercial seafood harvester or packer of New Jersey seafood is permitted to make an application to the New Jersey Department of Agriculture for the use of the "Jersey Seafood" logo for the Jersey Seafood Quality Grading Program on containers of licensed seafood commodities.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 9 - "JERSEY SEAFOOD" LOGO › Section 2:71-9.3 - Use of the "Jersey Seafood" Logo

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department approves the use of the "Jersey Seafood" logo as an official emblem for identifying New Jersey licensed seafood commodities.
(b) The configurations of the "Jersey Seafood" logo are as follows:
Data in image
(c) Only those persons, firms, partnerships, corporations, cooperatives or associations licensed to use the "Jersey Seafood" logo shall be permitted to attach or have it imprinted upon any label, package or container related to their licensed seafood commodities, employ its use in advertising or use it in any other manner whatsoever. Layout of proposed advertising to be used for marketing the "Jersey Seafood" logo must be submitted to and approved by the Department's Division of Marketing and Development in advance of its marketing and use. Advertising layouts will be evaluated based on the following criteria:
1. The color scheme of the advertisement;
2. The font used;
3. The configuration, color, and size of the logo;
4. Placement of the logo;
5. The advertising medium used; and
6. Consistency with the wholesome image of the "Jersey Fresh" Promotional Program.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 9 - "JERSEY SEAFOOD" LOGO › Section 2:71-9.5 - Packing requirements, packer identification and containers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All containers, packages and packaging material bearing the "Jersey Seafood" logo must be new.
(b) Each container or package bearing the "Jersey Seafood" logo must include the following information imprinted in letters not less than three-eights of an inch in height and clearly marked on the container or package:
1. The name and address of the packer;
2. The phrase "Product of U.S.A. (NJ)"; and
3. A statement indicating the method of production using either the phrase "Wild Caught" or "Farm-Raised."
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 71 - GRADES AND STANDARDS › Subchapter 9 - "JERSEY SEAFOOD" LOGO › Section 2:71-9.6 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person, firm, partnership, corporation, cooperative, or association who violates the provisions of this subchapter shall be subject to a penalty of not more than $ 100.00 for the first offense and a penalty of not less than $ 100.00 and not more than $ 200.00 for each subsequent offense, except for violations of 4:10-5, which penalty shall be $ 100.00. Whenever an offense involves false, misleading, or improper labeling of farm products, each package shall constitute a separate offense.
(b) In addition to the penalties set forth in (a) above, if the subsequent offense occurs in the same calendar year and involves the same licensee and the same licensed seafood commodity, the Department may revoke their license. Revocation of a license pursuant to this subsection does not prohibit a licensee from reapplying for a license for the next license year.
(c) Any person, firm, partnership, corporation, cooperative, or association licensed pursuant to 2:71-9.4(f)  to transfer ownership of containers bearing the "Jersey Seafood" logo who transfers ownership in violation of this subchapter shall be subject to a penalty of no more than $ 100.00 for the first offense and revocation of their license for any subsequent offense.
(d) Orders for penalties or to enjoin continuing violations may be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999." The Superior Court and the Municipal Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999."
(e) The Division of Marketing and Development shall make an initial determination as to whether to revoke a license under this section.
(f) Any person, firm, partnership, corporation, cooperative or association aggrieved by the determination of the Division of Marketing and Development pursuant to this section or 2:71-9.4 shall be afforded an opportunity for a hearing pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and the Uniform Administrative Rules of Practice, N.J.A.C. 1:1, subject to the following:
1. All hearing requests must be in writing and received by the Department within 20 days of the license denial, notice of intent to revoke a license, or penalty notice;
2. Hearing requests shall be sent to:
New Jersey Department of Agriculture
Director, Division of Marketing and Development
P.O. Box 330
Trenton, New Jersey 08625; and
3. The State Board of Agriculture shall make a final determination as to whether to deny, revoke a license or impose a penalty following the Office of Administrative Law hearing.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 72 - BONDING REQUIREMENTS OF COMMISSION MERCHANTS, DEALERS, BROKERS AND AGENTS › Subchapter 1 - COMMISSION MERCHANTS, DEALERS, BROKERS, AGENTS › Section 2:72-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Acceptable form of surety" means any security acceptable under 4:11-20 and 2:72-1.2(b).
"Applicant" means a dealer, broker, or commission merchant applying for a license pursuant to 4:11-19.
"Certified vehicle tare weight" means the weight of an empty vehicle as certified by agreement between the grower and the commission merchant, dealer, broker or agent.
"Department" means the New Jersey Department of Agriculture.
"Invoice" means the written record of transactions between a grower and a broker, commission merchant or dealer created pursuant to 2:72-3.1(a), 3.2(a) or 3.3(a).
"Persons" shall mean any individual, corporation, business, partnership, association, cooperative, limited liability company, or other legal entity.
"Prompt settlement" means 10 days from the date of delivery of the agricultural commodity unless a differing standard is provided in the invoice.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 72 - BONDING REQUIREMENTS OF COMMISSION MERCHANTS, DEALERS, BROKERS AND AGENTS › Subchapter 1 - COMMISSION MERCHANTS, DEALERS, BROKERS, AGENTS › Section 2:72-1.2 - License application requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All persons required to be licensed pursuant to 4:11-18 shall file an application on or before November 1 of each year that includes the following:
1. A written application upon a form provided by the Department that conforms to the requirements of 4:11-19, which shall include the names and addresses of all agents conducting business on behalf of the applicant in accordance with 4:11-22;
2. Proof of surety in accordance with the following:
i. An acceptable form of surety that conforms to the requirements of (b) below; or
ii. The date on which the commission merchant, broker or dealer will begin purchasing, receiving, soliciting or negotiating the sale of any agricultural commodity, provided the applicant later submits an acceptable form of surety at least 15 days before engaging in such business. No license shall be issued until an acceptable form of surety that complies with (b) below is actually submitted;
3. A nonrefundable application fee of $ 30.00 made payable to the New Jersey Department of Agriculture; and
4. Any other information or documentation the Secretary of Agriculture deems necessary in order to determine the character, financial responsibility or good faith of an applicant.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 72 - BONDING REQUIREMENTS OF COMMISSION MERCHANTS, DEALERS, BROKERS AND AGENTS › Subchapter 2 - GROWER CLAIMS › Section 2:72-2.1 - Claim filing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All claims filed pursuant to 4:11-28.1 shall be filed with the Department on forms provided for such purpose and in accordance with the requirements of this section. Each claim form shall be notarized and shall include the following:
1. The grower's name, phone number, and mailing address, including the county;
2. The name and address of the purchaser against whom the claim is made;
3. The amount of the claim;
4. The signature of the grower;
5. The date; and
6. Any other information deemed necessary by the Department.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 72 - BONDING REQUIREMENTS OF COMMISSION MERCHANTS, DEALERS, BROKERS AND AGENTS › Subchapter 3 - COMMISSION MERCHANTS, DEALERS AND BROKERS RECORD OF TRANSACTION › Section 2:72-3.1 - Dealer's record of transaction; copy to grower

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every dealer or dealer's agent purchasing, receiving or obtaining an agricultural commodity from a grower shall, simultaneously with the purchasing, receiving or obtaining of the agricultural commodity, create an invoice stating in detail for each agricultural commodity the following:
1. Name and address of the dealer;
2. Name and address of the grower;
3. Date on which the transaction occurred;
4. Terms of the sale and how purchased, including the timeframe for when payment is to be made;
5. Price of the sale (If the price to be paid is based upon a market quotation for such agricultural commodity, the record shall specify the date and location of the market to be used in arriving at the purchase price); and
6. Name of the agricultural commodity, number of containers, size, and net weight, and grade of agricultural commodity, where applicable.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 72 - BONDING REQUIREMENTS OF COMMISSION MERCHANTS, DEALERS, BROKERS AND AGENTS › Subchapter 3 - COMMISSION MERCHANTS, DEALERS AND BROKERS RECORD OF TRANSACTION › Section 2:72-3.2 - Commission merchant's record of transaction; copy to grower

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every commission merchant or commission merchant's agent, upon entering into an agreement with the grower or receiving an agricultural commodity from a grower shall, simultaneously with the entry into the agreement or upon receipt of the agricultural commodity, make an invoice stating in detail for each commodity the following:
1. Name and address of commission merchant;
2. Name and address of grower;
3. Date on which the said agreement is entered into or date upon which the agricultural commodity is received (whichever is earlier);
4. Terms of the sale, how purchased, and charges to be paid by the grower in connection with the sale, including the timeframe for when payment is to be made;
5. The lot number or other identifying mark for each consignment, which shall appear on all tags and other records needed to show what the agricultural commodity actually sold for; and
6. Name of the agricultural commodity, number of containers, size and net weight and grade of agricultural commodity, where applicable.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 72 - BONDING REQUIREMENTS OF COMMISSION MERCHANTS, DEALERS, BROKERS AND AGENTS › Subchapter 3 - COMMISSION MERCHANTS, DEALERS AND BROKERS RECORD OF TRANSACTION › Section 2:72-3.3 - Broker's record of transaction, copy to grower

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every broker or broker's agent, upon negotiating the sale of an agricultural commodity on behalf of a grower shall, simultaneously with the negotiation of said sale of the agricultural commodity, make an invoice stating in detail for each agricultural commodity the following:
1. Name and address of broker;
2. Name and address of grower and the purchaser;
3. Date on which the transaction occurred;
4. Name of the agricultural commodity;
5. Terms of the sale;
6. Date of delivery;
7. Price of the sale. If the price to be paid is based upon a market quotation for such agricultural commodity, the record shall specify the date and location of the market to be used in arriving at the purchase price; and
8. The timeframe in which payment should be made.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 72 - BONDING REQUIREMENTS OF COMMISSION MERCHANTS, DEALERS, BROKERS AND AGENTS › Subchapter 3 - COMMISSION MERCHANTS, DEALERS AND BROKERS RECORD OF TRANSACTION › Section 2:72-3.4 - Certified weights for each load of hay, grain and straw

Current through Register Vol. 56, No. 14, July 15, 2024
Every commission merchant, dealer, or broker dealing in hay, grain and straw shall obtain a certified vehicle tare weight and gross weight for each load hauled or bought. This vehicle tare weight and gross weight shall be recorded on the invoice required to be made and maintained pursuant to 2:72-3.1(a), 3.2(a) and 3.3(a).
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The following sections of this chapter are adopted by the State Board of Agriculture to effect administration and enforcement of Chapter 62, Laws of 1962.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Apples" means all varieties of the fruit commonly known as apple.
"Person" means a natural person, firm, partnership, association or corporation.
"Sealed storage room", "Sealed storage space" or "sealed storage building" means all sealed storages in which controlled atmosphere is maintained, inferred, advertised or represented as such.
"Secretary" means the Secretary of Agriculture of the State of New Jersey.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.3 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each sealed storage room, space or building used as a controlled atmosphere storage facility for apples shall be constructed of materials that will permit adequate tightness for establishing and maintaining the necessary levels of carbon dioxide and oxygen gases.
(b) Each sealed storage room, space or building shall have a Fahrenheit thermometer properly installed and maintained. An approved gas analyzer for the measurement of carbon dioxide and oxygen gases shall be readily accessible to all sealed storage rooms or units.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.4 - Registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person owning or operating a controlled atmosphere room or storage building or packers or repackers of apples coming under the provisions of the Act shall apply to the Secretary on a form prescribed by the Secretary for a controlled atmosphere license and CA number. Owners or operators of such a room or storage building shall apply for a license at least 10 days before loading such room or storage. A license shall expire one year after the issuance thereof.
(b) Each owner or operator shall accompany application for license with a fee of $ 10.00 per room.
(c) The Secretary shall assign each approved applicant a license number preceded by the letters NJCA.
(d) Each storage facility must be approved by the Secretary or his agent, prior to issuance of license and CA number to owner or operator thereof.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.5 - Atmospheric and temperature controls

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each owner or operator shall make the required air components determinations daily. The oxygen content within the sealed storage shall be five percent or lower within 20 days after the storage is sealed, or in the case of artificially induced CA conditions a total accumulation of 20 days above five percent oxygen would be allowed following the initial sealing.
(b) The fruit shall be stored in a sealed storage with not more than five percent oxygen for a minimum period of 90 days, except Jonathan variety which may be removed from storage in not less than 60 days.
(c) During the storage period, storage temperatures shall be 32 degrees Fahrenheit except for normal variations, not to exceed two degrees above. For McIntosh variety storage temperatures shall be 38 degrees Fahrenheit except for normal variations, not to exceed two degrees above.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.6 - Records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each owner or operator shall maintain a record for each on an approved form, or forms, which shall include the following:
1. Owner or operator's name and address, room number, date of sealing, date of opening, capacity in bushels, lot identification and number of bushels within each lot;
2. Daily readings of percentage of carbon dioxide, percentage of carbon dioxide and oxygen, percentage of oxygen; and room temperature as recorded from instruments approved for the purpose;
3. All records shall be subject to review by the Secretary or his agents at any time for a period of at least one year.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.7 - Invoice for sale of apples

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All persons selling, offering for sale or transporting for sale within this State apples coming under the provisions of this Act shall furnish the buyer an invoice covering each sale of such apples where the quantity exceeds five bushels.
1. Except as provided in (b) below, each container in each lot or lots for which an invoice is required shall be marked with the CA number assigned to the owner or operator of the controlled atmosphere room or storage building in which the apples were kept.
2. Each invoice shall be marked with the CA number marked on the containers covered by such invoice.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.8 - Verification of procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each owner or operator shall submit to the Secretary within 25 days after date of sealing; a report in writing, for each room showing room number, date of sealing and quantity contained therein by variety and lot numbers or other identification marks.
(b) Each owner or operator shall submit to the Secretary a report in writing for each room showing room number, date of sealing, air components determinations and temperature when the oxygen level is reduced to five per cent (not later than the 21st day after date of sealing, the oxygen level not withstanding), and approximately 30 and 60 and 90 days after the date the oxygen level was reduced to five per cent. The Jonathan variety will not require the 90 day report.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.9 - Representation that requirements have been met

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall advertise, label or otherwise represent that apples have been exposed to controlled atmosphere storage unless such apples have been stored in a facility licensed by the Secretary under the provisions of the Act and the rules and regulations pursuant thereto.
New Jersey Administrative Code › Title 2 - AGRICULTURE › Chapter 74 - CONTROLLED ATMOSPHERE STORAGES › Subchapter 1 - CONTROLLED ATMOSPHERE STORAGE FOR APPLES › Section 2:74-1.10 - Requirements for trade

Current through Register Vol. 56, No. 14, July 15, 2024
No person shall sell, exchange, expose or offer for sale apples represented as having been exposed to controlled atmosphere storage unless such apples have been stored in a facility licensed by the Secretary under the provisions of the Act and the rules and regulations pursuant thereto.