N.J. Stat. tit. 4, ch. 10

N.J. Stat. tit. 4, ch. 10
in effect

N.J. Stat. § 4:10-1 Definitions.

4:10-1. As used in this chapter: "Department" means the department of agriculture. "Secretary" means the secretary of agriculture. "Farm products" means any agricultural, dairy, poultry or horticultural product, or any product designed for food purposes, manufactured, derived or prepared principally from any agricultural, dairy, poultry or horticultural product or products, including any fresh or salt water food product. Amended 2007, c.32.

N.J. Stat. § 4:10-2 Powers and duties of department

In order to promote more economical methods of marketing and distributing farm products, the department, acting through the Division of Markets, or otherwise, as provided for in this Title, may: a. Collect and diffuse timely information relative to the seasonal supply, demand and prevailing prices of farm products, both at wholesale and retail, the movement of farm products through commercial channels, and in co-operation with the department of health, the quantities and conditions of farm products in common and cold storage; b. Assist and advise in the organization and maintenance of public markets, both for wholesale and retail selling, and enter into agreements with municipalities for supplying daily or seasonal production and marketing information and requiring from them reports on the public market activities; c. Assist and advise in the organization and maintenance of producers' and consumers' co-operative selling and buying associations; d. Investigate the cost of distributing farm products, both in a wholesale way and at retail, and publish such finding as may be of practical interest to the public; e. Furnish advice and assistance to the public with reference to buying of farm products and other matters relative thereto; f. Investigate delays, embargoes and other conditions, charges, rates and practices in the handling, transportation, storage, buying and selling of farm supplies and farm products, which appear to retard the free and efficient movement of such supplies and products from the point of production, storage, manufacture, packing and repacking, to the ultimate consumer; g. Take such lawful measures as may be deemed advisable to prevent waste or uneconomical use of farm products. Amended by L.1950, c. 293, p. 995, s. 16.

N.J. Stat. § 4:10-3 § 4:10-3

The department of agriculture may, from time to time, establish and promulgate standards that may be used by producers and distributors under the provisions of this chapter for the grading and other classification of farm products, and in co-operation with the department of weights and measures establish and promulgate standards for receptacles for farm products.

N.J. Stat. § 4:10-4 Marking products to falsely indicate conformity to standard

Whenever any standard for the grading or other classification of farm products becomes effective under this chapter, no person thereafter shall mark or label any product or package containing it in such a way as to indicate or to make it appear upon ordinary observation that the product conforms to the standard, unless the product actually does conform to the standard. The secretary may at any time cause such investigations, classifications and tests to be made as he may deem necessary to enforce the provisions of this section.

N.J. Stat. § 4:10-5 Use of outline of State on products; license; penalty.

4:10-5. No person shall use the outline of this State on packages or devices containing farm products or to otherwise advertise or promote such farm products unless the person is licensed by the department so to do. Upon application for such a license and upon being satisfied that any farm products to be sold by the applicant conform to official standards promulgated by the department, the department may issue a license in the name of the State, permitting the person to use the outline on any such package, device , or advertising. The form of the application and the license shall be determined by the department. The license may be revoked by the department at any time for good cause shown after notice and an opportunity to be heard and subject to the right of appeal to the State board. A person who shall violate the provisions of this section shall be liable to a penalty of $100, to be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and paid to the General Fund. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section. Each package or device improperly labeled in violation of this section shall constitute a separate violation. amended 1953, c.5, s.20; 2011, c.218, s.1.

N.J. Stat. § 4:10-6 Inspection and classification of products according to standards; fees

The secretary may designate any competent employee or agent of the department to make, upon request, investigations, inspections and classifications of farm products in accordance with standards which have become effective under this chapter. When any such investigation, inspection or classification is made, the employee or agent shall issue a certificate of the grade or other classification of the farm product involved. The secretary may fix, assess and collect, or cause to be collected, fees for such services, when they are performed by employees or agents of the department.

N.J. Stat. § 4:10-7 Appeals from classification of products; fees

Any interested party, within a reasonable time, to be prescribed in the regulations made under this chapter, may appeal to the secretary from the grading or classification of any farm product authorized under this chapter, and the secretary shall thereupon cause such investigation to be made, and such tests to be applied, as he may deem necessary to determine the true grade or classification thereof. Whenever an appeal is taken to the secretary under this chapter, he shall charge and assess and collect, or cause to be collected, a reasonable fee, to be fixed by him, which shall be refunded if the appeal is sustained.

N.J. Stat. § 4:10-8 § 4:10-8

A certificate, when not superseded by a finding of the grade or other classification of any farm products, issued under this chapter, shall be accepted in any court of this state as prima facie evidence of the true grade or other classification of the farm product at the time of its classification.

N.J. Stat. § 4:10-9 Disposition and use of fees collected.

4:10-9. All fees and other moneys collected under this chapter by the secretary and the employees or agents of the department, shall be paid into the General Fund, and shall be appropriated for the use of the department in carrying out the provisions of this chapter when authorized by any appropriation act. amended 2011, c.218, s.2.

N.J. Stat. § 4:10-10 Reports to department on products

A person in this state engaged in marketing farm products shall prepare and submit to the department, upon request, at such regular intervals and in such form as may be prescribed, reports of the quantity and conditions of any farm product held by, or for, such person in commercial or other storage in this state. A person in this state shall furnish the department, upon request, on such date, and in such form as may be prescribed, special reports, orally or in writing, concerning the demand for, and the supply, consumption, cost, value, price and condition and period of the holding of any farm product, which is, or has been held by, or for, such person in storage or otherwise. The secretary may verify the accuracy of the reports provided for in this section. When making public any information received in the reports provided for in this section, the secretary and the employees or agents of the department, shall not divulge the name of the person owning or reporting upon a farm product without the consent of such person, or except pursuant to legal processes.

N.J. Stat. § 4:10-11 § 4:10-11

In carrying out the provisions of this chapter, the secretary and the employees or agents of the department may enter, on any business day during the usual hours of business, any storehouse, warehouse, cold storage plant, packing house, stockyard, railroad yard, railroad car, or any other building or place where farm products are kept stored by any person engaged in storing, handling or marketing.

N.J. Stat. § 4:10-12 Attendance and testimony of witnesses and production of documents

In carrying out the provisions of this chapter, the secretary, or the employees designated by him for the purpose, may: a. Require the attendance before him, or any of them, of any person from whom reports have been requested, or of any employee of such person; b. Administer oaths to, and take testimony of, any such person, or his employee; and c. Require the production by such person, or his employee, of any books, records and other documentary evidence relating to the farm products about which reports have been requested.

N.J. Stat. § 4:10-13 § 4:10-13

The secretary may make and promulgate such regulations as may be necessary to carry out the provisions of this chapter.

N.J. Stat. § 4:10-13.1 Marketing of farm products; advertising.

1. No person shall designate, display any sign designating, or advertise any business as a "farmers' market," "farmers' auction market," or use words in connection therewith the general import of which would indicate or tend to indicate to the public at large that farm products as defined in R.S.4:10-1 are dealt with therein, unless such farm products are the principal commodities displayed and offered for sale or sold in the operation of such business. L.1956, c.88, s.1; amended 2011, c.218, s.3.

N.J. Stat. § 4:10-14 Penalty for violations or interference.

4:10-14. a. A person who shall: (1) except as provided for pursuant to subsection b. of this section, violate any provision of this chapter or any rules or regulations adopted pursuant thereto to implement any such provision; (2) fail to comply with any requirement of this chapter; (3) with intent to deceive, answer or report falsely in response to any requirement of this chapter; or (4) knowingly interfere with the secretary, or the employees or agents of the department, in the performance of duties prescribed by this chapter-- Shall for the first offense be liable to a penalty of not more than $100, and for any subsequent offense be liable to a penalty of not more than $200, to be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section. The penalty when recovered shall be paid to the General Fund. Whenever a violation of this section involves false, misleading, or improper labeling of farm products, each package shall constitute a separate violation. b. The provisions of subsection a. of this section shall not apply to violations of R.S.4:10-5, or any rules or regulations adopted pursuant thereto. amended 1953, c.5, s.21; 2011, c.218, s.4.

N.J. Stat. § 4:10-15.1 Findings, declarations.

1. a. The Legislature finds and declares that the State shall: (1) establish the principles and bases for the promotion, protection, respect, and guarantee of the effective exercise of the right to adequate food and interdependent rights; (2) promote planning and coordination between State, county, and municipal entities in its actions aimed at guaranteeing the full exercise of the right to adequate food; (3) promote the production, supply, fair and equitable distribution, and consumption of, nutritious, sufficient, high-quality, safe, and culturally appropriate foods to promote the protection and exercise of the right to adequate food and to avoid food waste to the greatest extent possible; (4) strengthen the State’s self-sufficiency and food security; (5) establish the bases for social participation in actions aimed at achieving the full exercise of the right to adequate food; and (6) promote the creation of sustainable food environments that encourage informed consumption of healthy and nutritious foods. b. The Legislature further finds and declares that all people, individually and collectively, shall have the right to adequate food at all times and to have access to food for daily consumption, as well as physical and economic access to safe food of nutritional quality and in sufficient quantity to satisfy their physiological needs at all stages of their life cycle, enabling their full development and a dignified life, in accordance with individual and cultural needs, without jeopardizing the satisfaction of other basic needs and without hindering the enjoyment of other rights. c. The Legislature further finds and declares that the principles espoused in this resolution shall serve in perpetuity to inspire and guide future laws, rules, and regulations. L.2025, JR 19, s.1.

N.J. Stat. § 4:10-15.2 Definitions.

2. As used in this resolution: “Access” means the ability of all individuals to save and exchange seeds and the right to grow, raise, harvest, produce, and consume the food of their own choosing for their own nourishment, sustenance, bodily health, and well-being, as long as the individual does not commit trespassing, theft, poaching, or infringement of an owner’s property rights under the “Plant Variety Protection Act,” Pub.L. 91-577 (7 U.S.C. s.2321 et seq.) or other abuses of private property rights, public lands, or natural resources in the harvesting, production, or acquisition of food. No individual may sell, trade, or allow reproduction of trademarked or patented seeds for commercial purposes in a manner that would infringe or otherwise violate the rights of the original rightsholder. “Economic access to food” means an adequate balance, without jeopardizing the satisfaction of other basic needs, between the financial resources of an individual and the cost of food, the means to procure food, or the means of production required in supply systems. “Food availability” means the ability of every individual to feed themselves adequately, whether directly through work on the land, through the sustainable management of biodiversity, water, and knowledge or through efficient and affordable supply systems. “Food sovereignty” means the capacity of the people of New Jersey to freely establish the State’s priorities regarding the production, supply, and access to adequate food for the entire population, based on State production and including the choice of techniques and technologies that are optimal for ensuring people's well-being. “Healthy food” means food that is consistent with the federal Food and Drug Association requirements for the use of the term “healthy” in food labeling pursuant to 21 C.F.R. s. 101.65. “Individual” means a natural person. “Local” means relating to the State of New Jersey. “Nutritional needs” means the combination of nutrients for physical and mental growth, development, and maintenance and physical activity that is sufficient to satisfy human physiological needs at all stages of the life cycle, according to sex and occupation. “Person” means the same as that term as defined in R.S.1:1-2. “Physical access to food” means the ability of every individual to have food or the means to procure food physically within their reach. “Sustainability” means reducing the environmental impact of food production, respecting biodiversity and ecosystems, and prioritizing locally grown food in order to enable access to food for present and future generations. “Underdeveloped community” means a community that the Commissioner of Health determines exhibits lower levels of economic prosperity, education, healthcare, and access to food, compared to other communities in the State. L.2025, JR 19, s.2.

N.J. Stat. § 4:10-15.3 Right to adequate food.

3. a. The Legislature hereby recognizes the right to adequate food. b. The right to adequate food shall include, but need not be limited to: (1) the satisfaction of nutritional needs; (2) food availability; (3) physical access to food; (4) economic access to food; (5) the acceptability and cultural relevance of foods, considering the non-nutrition-related values associated with food and food consumption, and the well-founded concerns of consumers about the nature of the foods available; (6) sustainability; (7) food sovereignty; and (8) access to, and the availability and sanitation of, water for use by individuals for personal and domestic consumption and for the production of food in a sufficient, healthy, acceptable, and affordable manner. c. Nothing in this section shall be construed as providing the basis for, or subject to, a private right of action for violations of this resolution or any other law. L.2025, JR 19, s.3.

N.J. Stat. § 4:10-15.4 State entities encouraged to promote, protect right to adequate food.

4. Every State entity is encouraged to: a. promote, respect, and protect the exercise of the right to adequate food, in accordance with the principles of universality, interdependence, indivisibility, progressiveness, subsidiarity, environmental sustainability, precautionary principle, social participation, gender and age equality, the best interests of children, cultural diversity, efficiency, free competition, transparency, and accountability; and b. prioritize the needs of underdeveloped communities, including the ability of underdeveloped communities to grow food. L.2025, JR 19, s.4.

N.J. Stat. § 4:10-15.5 Actions to promote, protect right to adequate food.

5. a. Every State, county, and municipal entity is encouraged to: (1) take all necessary affirmative and compensatory actions to promote, respect, and protect the exercise of the right to adequate food; (2) coordinate and collaborate with other State, county, and municipal entities as necessary to implement the right to adequate food; and (3) coordinate and collaborate with private persons and entities as necessary to implement the right to adequate food. b. Every State, county, and municipal entity is encouraged to coordinate with the Department of Agriculture to: (1) prioritize policies and programs that: (a) help New Jersey farmers better access the commercial food market in this State; (b) help New Jersey farmers make farming a sustainable lifestyle; and (c) contribute to growing the number of new farmers in the State; (2) when purchasing food, prioritize the purchase of food from New Jersey farms; (3) when implementing policies or making policy decisions, consider the implications to farmers; and (4) promote farmland preservation and utilization. L.2025, JR 19, s.5.

N.J. Stat. § 4:10-15.6 Department of Agriculture, promotion of sustainable food production practices.

7. a. The Department of Agriculture may promote the importance of sustainable food production practices. b. The Department of Agriculture may coordinate with such other State, county, municipal, and private entities as the Secretary of Agriculture determines necessary to promote the equitable access of small-scale and medium-scale food producers, including family farms, to the commercial food market. L.2025, JR 19, s.7.

N.J. Stat. § 4:10-16 "New Jersey Farm Products Publicity Fund."

1. a. For the purpose of advertising and promoting the sale of New Jersey farm product and the "Jersey Fresh" program, the Secretary of Agriculture is hereby authorized to solicit and receive funds, either as direct contributions, or from the sale of labels or the right to use labels authorized by the Department of Agriculture, or from any other source for advertising and promotional purposes. The monies received pursuant to this subsection shall be deposited in the "New Jersey Farm Products Publicity Fund" established pursuant to subsection b. of this section. b. There is established in the Department of Agriculture a special nonlapsing fund to be known as the "New Jersey Farm Products Publicity Fund." The fund shall be administered by the Department of Agriculture, and monies in the fund shall be used exclusively for advertising and promoting the sale of New Jersey farm products and the "Jersey Fresh" program. Any monies deposited into a bank or trust company designated to accept deposits of State money prior to the effective date of P.L.2017, c.267 and pursuant to section 1 of P.L.1939, c.136 (C.4:10-16), for the "New Jersey Farm Products Publicity Fund" shall be transferred to the fund established pursuant to this subsection. Monies deposited in the fund shall be held in interest-bearing accounts in public depositories as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on monies deposited into the fund, and any monies which may be appropriated or otherwise become available for the purposes of the fund, shall be credited to and deposited in the fund for use as set forth in this section. c. The Secretary of Agriculture may notify interested persons and business entities of the opportunity to contribute funds to be used for the purpose established in subsection a. of this section. L.1939, c.136, s.1; amended 2017, c.267.

N.J. Stat. § 4:10-17 Disbursement of moneys; promoting sale of farm products; labels

All moneys so deposited in the "New Jersey Farm Products Publicity Fund" shall be disbursed by the Secretary of Agriculture for advertising and general publicity purposes, to be determined in co-operation with contributing commodity groups, to promote the sale of New Jersey farm products; for the expenses of printing and distributing labels to be used in identifying products sold under official State brands as hereinafter provided; and for other expenses incident to carrying out the provisions of this act; provided, however, that no greater amount shall be expended from such fund for the promotion of a publicity campaign for any particular product than the amount of revenue in such fund derived from such product. The Secretary of Agriculture shall keep accurate accounts of the receipts and disbursements of this fund, which accounts may be subject to audit by the State Comptroller. L.1939, c. 136, p. 460, s. 2.

N.J. Stat. § 4:10-18 Official brands for agricultural products; registration as trade-mark

The Secretary of Agriculture may design, determine and adopt official brands to be used on labels on packages and containers to identify New Jersey produced agricultural products either fresh or processed. The design of such brand or brands may contain the whole or part of the seal of the State of New Jersey or the outline of the map of the State. Each of such brands, when adopted by the Secretary of Agriculture, may be registered as a trade-mark in the office of the Secretary of State under the provisions of chapter three of Title 56 of the Revised Statutes, or any other provision of law which may hereinafter be enacted relating to the registration of trade-marks. Any such trade-mark shall be registered by the Secretary of State without the exaction of any fee therefor. The Secretary of Agriculture may in his discretion register any such mark with the United States Government and any other State or foreign country. L.1939, c. 136, p. 461, s. 3.

N.J. Stat. § 4:10-18.1 Counties authorized to issue promotional labeling for agricultural products.

1. A county, after consulting with the Department of Agriculture, may create, adopt, and issue promotional labels to be used on agricultural products to identify agricultural products, either fresh or processed, that are produced in the county. L.2017, c.366, s.1.

N.J. Stat. § 4:10-19 Use of brands or marks

Such brand or mark may be used on labels attached to packages containing New Jersey agricultural products either fresh or processed packed within this State in accordance with official standards established or grades enforced by the provisions of this act and of chapter ten of Title 4 of the Revised Statutes, and upon packages of processed farm products grown and packed within this State, subject to and in accordance with rules and regulations to be promulgated by the Department of Agriculture. L.1939, c. 136, p. 461, s. 4.

N.J. Stat. § 4:10-19.1 "Made With Jersey Fresh" designated products.

1. The Secretary of Agriculture in conjunction with the State Board of Agriculture shall develop and implement the inclusion of baked goods or other food products that are baked or made with "Jersey Fresh" products into the "Jersey Fresh" designation and program as "Made With Jersey Fresh" designated products. L.2010, c.111, s.1.

N.J. Stat. § 4:10-19.2 Fraudulent advertising of NJ product; violations, penalties.

7. A person shall not advertise, or in any way imply in any advertising or on any packages or devices, that any produce, seafood, dairy, or other agricultural product has been produced in New Jersey unless the product, seafood, dairy, or other agricultural product was produced in New Jersey or the waters thereof. A person who shall violate the provisions of this section shall be liable to a penalty of $100 to be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and paid to the General Fund. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section. Each package or device improperly labeled in violation of this section shall constitute a separate violation. The Secretary of Agriculture, in conjunction with the Division of Consumer Affairs in the Department of Law and Public Safety, shall have the power, by injunction or otherwise, to restrain any person or organization violating the provisions of this section. Not withstanding any law, rule, or regulation to the contrary, Department of Agriculture inspectors may issue citations to any person suspected of violating the provisions of this section. L.2011, c.218, s.7.

N.J. Stat. § 4:10-19.3 Prohibiting certain labels on produce; penalties.

1. a. Beginning 60 days after the effective date of this section, a food retailer shall not label, or advertise or in any way imply with labeling or signage in the store or other establishment where the fruit or vegetable is sold, that a fruit or vegetable is "locally grown," "locally harvested," "locally sourced," or local to the State unless the fruit or vegetable was grown, harvested, and packaged within the State. b. Beginning 60 days after the effective date of this section, a food retailer who violates the provisions of this section shall be subject to a penalty of not less than $100 for the first violation, or more than $200 for a second or subsequent violation, to be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section. Each type of fruit or vegetable improperly labeled by a food retailer in violation of this section shall constitute a separate violation. The Secretary of Agriculture is authorized to institute a civil action for a violation of this section. c. As soon as practicable after the effective date of this act, the Department of Agriculture shall post on its website notification of the enactment and provisions of this section. d. As used in this section, "food retailer" means an establishment that sells a selection of foods to consumers including, but not limited to, grocery stores, supermarkets, farmer's markets, and convenience stores. L.2021, c.422.

N.J. Stat. § 4:10-19.4 Department of Agriculture to advertise, promote aquaculture products.

1. a. The department, as part of the Jersey Fresh Program, shall advertise and promote aquaculture products, the quality of which complies with standards adopted by the department and is verified thereby through the use of an appropriate quality grading system. The department shall develop and implement an appropriate quality grading system specific to the grading of aquaculture products, as distinguished from wild-caught seafood products, which system shall be consistent with, and similar to, the quality grading system that is used, by the department, to grade the quality of other agricultural commodities for the purposes of the Jersey Fresh Program. b. In addition to any monies appropriated or allocated to the Jersey Fresh Program, in each fiscal year following the effective date of this act, there shall be annually appropriated, from the General Fund to the Department of Agriculture, $25,000 for the sole purpose of facilitating the department’s advertisement and promotion of aquaculture products, under the Jersey Fresh Program, as provided by subsection a. of this section . c. As used in this section: “Aquaculture product” means fish or shellfish that is produced in the State, or in State waters, through means of aquaculture, as defined by section 3 of the “New Jersey Aquaculture Development Act,” P.L.1997, c.236 (C.4:27-3). “Department” means the Department of Agriculture. “Jersey Fresh Program” means the agricultural commodity marketing and quality grading program established by the department pursuant to R.S.4:10-6, P.L.1971, c.308 (C.4:10-43 et seq.), and the rules and regulations adopted pursuant thereto. L.2025, c.201.

N.J. Stat. § 4:10-20 Regulations

The Department of Agriculture may make and promulgate such regulations as may be necessary to carry out the provisions of this act. L.1939, c. 136, p. 461, s. 5.

N.J. Stat. § 4:10-21 Printing of labels; license to use brand.

6. The Secretary of Agriculture shall cause to be printed labels bearing a State brand in sufficient quantities to meet the demand therefor and may sell such labels at a price to be fixed by the Secretary of Agriculture. As an alternative method, the Secretary of Agriculture may, in accordance with rules and regulations adopted by the department, rent dies or cuts of the State brand to persons or organizations desiring to manufacture their own labels for use on fresh or processed farm products owned and packed by them, at a price to be fixed by the Secretary of Agriculture. When a brand bearing the outline of the map of the State is desired to be used, the applicant shall secure a license for its use as provided in R.S.4:10-5. L.1939, c.136, s.6; amended 2011, c.218, s.5.

N.J. Stat. § 4:10-22 Affixing labels

Labels shall be affixed to packages in the manner prescribed by the rules and regulations adopted by the Department of Agriculture. The label denoting the State brand may be used in conjunction with and in addition to any private mark or name under which the grower or packer has been accustomed to pack and market fresh or processed farm products. L.1939, c. 136, p. 462, s. 7.

N.J. Stat. § 4:10-23 Receipts from sale or use of labels; expenditure

Direct contributions and moneys derived from the sale or use of labels denoting the State brand shall be recorded separately by products, which shall be designated by the contributors or purchasers or users of labels, and each such amount shall be expended as the Secretary of Agriculture may direct for general publicity purposes to advertise the product from which the revenue was derived. L.1939, c. 136, p. 462, s. 8.

N.J. Stat. § 4:10-24 Advisory committee

The rules and regulations adopted by the Department of Agriculture may provide for an advisory committee of authorized users of the State brand, who shall advise the Secretary of Agriculture as to the general plan of any publicity and advertising campaign. The members of any such advisory committee shall serve without compensation. L.1939, c. 136, p. 462, s. 9.

N.J. Stat. § 4:10-25 Restraint of unauthorized use of State brand, outline.

10. The Secretary of Agriculture , in conjunction with the Division of Consumer Affairs in the Department of Law and Public Safety, shall have the power, by injunction or otherwise, to restrain any person or organization using or attempting to use any State brand or the use of the outline of the State, except in accordance with the provisions of R.S.4:10-5 or P.L.1939, c.136 (C.4:10-16 et seq.). Notwithstanding any law, rule, or regulation to the contrary, Department of Agriculture inspectors may issue citations to any person suspected of using, or attempting to use, any State brand or the outline of the State, except in accordance with the provisions of R.S.4:10-5 or P.L. 1939, c.136 (C.4:10-16 et seq.). L.1939, c.136, s.10; amended 2011, c.218, s.6.

N.J. Stat. § 4:10-25.1 "Jersey Fresh Farm to School Week."

1. a. The Department of Agriculture, in cooperation with the Department of Education, shall coordinate with farmers in the State, the New Jersey Farm to School Network or its successor entity, public, private, and charter schools and their food services, and other interested and relevant organizations and groups, as determined by the Department of Agriculture and the Department of Education, to establish: (1) an annual week of promotional events to be known as "Jersey Fresh Farm to School Week" to be celebrated each year throughout the State with the holding of relevant promotional events during the last week of September; and (2) an annual week, during such week as may be designated by the Department of Agriculture, in cooperation with the Department of Education, which shall be known as "New Jersey Agricultural Literacy Week," to encourage classroom activities to be celebrated each year throughout the State by providing sample educational resources, including, but not limited to, resources that highlight how agricultural products provide the necessary ingredients for meals. b. "Jersey Fresh Farm to School Week" shall highlight and promote the value and importance of New Jersey agriculture and fresh foods produced in New Jersey, and the value and importance of fresh farm foods for children, their general health, and their success in school. The promotional events shall be provided to: (1) children through school breakfast, lunch, and snack programs and in the classroom; (2) community groups, churches, and service organizations; (3) the public at large at farms and community farmers markets; and (4) other organizations or groups or at other locations in the State determined by the Department of Agriculture to be beneficial for the success of promoting the value and importance of New Jersey agriculture and fresh foods produced in New Jersey. c. "New Jersey Agricultural Literacy Week" shall highlight, at a minimum, the importance of agriculture and how the agricultural products in the State provide the necessary ingredients for meals. The Department of Agriculture, in collaboration with the Department of Education, shall make available sample educational resources for appropriate grade levels based on their connection to the New Jersey Student Learning Standards. L.2011, c.10, s.1; 2023, c.51, s.1.

N.J. Stat. § 4:10-25.2 Rules, regulations; development of program.

2. a. The Department of Agriculture shall develop a "New Jersey Farm to School Program" and a "New Jersey Agricultural Literacy Program" and, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations for its implementation, including, but not necessarily limited to, rules and regulations that: (1) provide encouragement for schools that participate in school meal programs to expand or improve their kitchen facilities to allow for the daily production of meals that incorporate more fresh, locally grown or produced farm produce, fruit or other products; (2) establish a bidding matrix that provides for school purchases of New Jersey-grown food and allows schools to adopt price preferences for local agricultural and farm products; (3) in conjunction and cooperation with the Department of Education, provide for the incorporation and coordination of school curricula with information about: (a) New Jersey agriculture; (b) the importance and significance of farms and farmers to New Jersey's economy, culture, history, and quality of life; and (c) the health value of eating fresh farm foods and locally grown produce and fruits; and (4) encourage additional classroom activities during "New Jersey Agricultural Literacy Week", which may include, but need not be limited to, personal stories from volunteers which may include farmers. b. The Department of Agriculture, in conjunction with the Department of Education, shall develop a training program with emphasis on the theme of "Farm to School" and shall offer this program to schools, teachers, and other event providers. c. (1) The Department of Agriculture shall establish a "New Jersey Farm to School" website that shall be designed to: (a) provide opportunities for the establishment of purchasing networks between and among farmers, distributors, and schools or school districts; (b) facilitate the development and refinement of promotional events in association with "Jersey Fresh Farm to School Week" and "New Jersey Agricultural Literacy Week"; and (c) provide for the dissemination of information about, and the website-based promotion of, these and other related events. The department shall include on the "New Jersey Farm to School" website a copy of any public contract or other written agreement for the purchase of fresh foods and the provision thereof to school children, which has been entered into and successfully implemented by any school or school district in the State. (2) The department shall post, in a prominent location on the homepage of its Internet website, a hyperlink that provides visitors with direct access to the "New Jersey Farm to School" website established pursuant to this subsection. L.2011, c.10, s.2; amended 2014, c.37; 2023, c.51, s.2.

N.J. Stat. § 4:10-25.2a Contributions to "New Jersey Farm to School Program" permitted.

1. The Secretary of Agriculture may solicit and accept contributions from private and public sources for the purpose of providing support to help fund the "New Jersey Farm to School Program" and the "New Jersey Agricultural Literacy Program," established pursuant to section 2 of P.L.2011, c.10 (C.4:10-25.2). L.2014, c.39, s.1.; amended 2023, c.51, s.3.

N.J. Stat. § 4:10-25.2b "Best in New Jersey 'Farm to School' Awards Program."

1. a. The Department of Agriculture, in coordination with the Department of Education and any agricultural or farming organization as determined appropriate by the Department of Agriculture, shall establish an awards program to be known as the "Best in New Jersey 'Farm to School' Awards Program." The program shall annually recognize schools or school districts with outstanding achievements in the incorporation of farm-to-school principles into their school meal and snack programs, including, but not limited to: (1) innovative use of local farm produce and products in a school; (2) outstanding and consistent high levels of nutritional balance and excellence in the use of farm produce and products in a school; and (3) quantifiable increases in pupil awareness of the contribution of farmers and farms to the quality of a school's meal or snack program. b. The department shall establish an application procedure and criteria and guidelines for the eligibility, nomination, and judging of applications for the awards program. Applications shall be evaluated using performance criteria, including but not limited to: (1) incorporation of department farm-to-school principles and measurable increase and documentation of the use of farm produce and products in the school or school district; (2) education and outreach concerning the nutritional importance of fresh produce and food products and the connection of a school or school district to farms and farmers in the State; (3) leadership and innovation by the school or school district; (4) exceedance of nutritional requirements of the school breakfast program or school lunch program; and (5) increased participation in the school breakfast program or school lunch program. c. The department shall post the names of the recipients of the "Best in New Jersey 'Farm to School' Awards" prominently on the department's website, and shall recognize the recipients through the award of a certificate, a press announcement, or another form of recognition deemed appropriate to highlight the achievements of these recipients. The department may coordinate with the Department of Education and any agricultural or farming organization as determined appropriate by the Department of Agriculture, in recognizing the award recipients. L.2014, c.40, s.1.

N.J. Stat. § 4:10-25.2c Clearinghouse website for farmer to offer produce, dairy products; rules, regulations.

1. a. The Department of Agriculture, in consultation with the Department of Education and the Department of Health, shall establish and maintain, or partner with a nonprofit organization to establish and maintain, a website to serve as a clearinghouse for farmers to provide produce and dairy products to school breakfast programs, school lunch programs, and food banks throughout the State. The website shall include a list of schools, school districts, and food banks with a need for produce or dairy products, organized by county, with hyperlinks to each individual school, school district, or food bank website. b. The Department of Agriculture may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary for the implementation of this act. L.2014, c.41, s.1.

N.J. Stat. § 4:10-25.2d Guidance document.

4. Within 90 days after the effective date of P.L.2017, c.311 (C.24:4A-3.1 et al.), the Department of Agriculture shall prepare and publish on its Internet website a guidance document that provides information to farmers, food banks, donors, nonprofit organizations, and other persons on the State and federal liability protections available for food donations, gleaning, and other related activities. L.2017, c.311, s.4.

N.J. Stat. § 4:10-25.3 Short title.

1. This act shall be known, and may be cited, as the "New Jersey Fresh Mobiles Pilot Program Act." L.2011, c.223, s.1.

N.J. Stat. § 4:10-25.4 Findings, declarations, determinations relative to provision of fresh produce to urban communities.

2. a. The Legislature finds and declares that there are certain urban areas of the State, known as "food desert" communities, in which residents are unable to obtain reasonable and adequate access to nutritious foods and, in particular, to fresh fruits and vegetables; that the inaccessibility of nutritious food in urban food desert communities has been attributed, in large part, to the absence therein of supermarkets, grocery stores, and farmers' markets and the prevalence therein of businesses like liquor stores and convenience marts, which provide convenient and affordable access only to pre-processed foods, generally high in empty calories, sugar, unhealthy preservatives, and harmful fats, and low in nutritional value; that low-income families are more likely than others to live in urban food desert communities and to lack the transportation or financial resources necessary to reach distant wholesome markets; that, as is evidenced by the work of various non-profit and private entities across the United States, the accessibility to, desire for, and use of, fresh produce by residents of urban food desert communities can be improved through the provision of mobile farmers' markets, which regularly travel to and from these communities, and which provide fresh produce to residents situated therein; and that the institution of a mobile farmers' market initiative is a reasonable means by which to ensure that residents of urban food desert communities in the State are provided with reasonable access to nutritious, fresh, and delicious produce, and are afforded the opportunity thereby to make healthier eating choices for themselves and for their families. b. The Legislature therefore determines that it is both reasonable and necessary to authorize the Department of Agriculture to develop and assist in the implementation of a pilot program to establish a mobile farmers' market initiative that will provide a consistent, and easily accessible, source of fresh produce to residents in urban food desert communities in municipalities selected to participate in the pilot program. L.2011, c.223, s.2.

N.J. Stat. § 4:10-25.5 Definitions relative to provision of fresh produce to urban communities.

3. For the purposes of this act: "Department" means the Department of Agriculture. "Federal food stamp assistance program" means the federal food stamp program authorized by Title XIII of the "Food and Agriculture Act of 1977," Pub.L.95-113 (7 U.S.C. s.2011 et seq.). "Federal WIC program" means the Special Supplemental Nutrition Program for Women, Infants and Children, established pursuant to the federal "Child Nutrition Act of 1966," Pub.L.89-642 (42 U.S.C. s.1771 et seq.). "Fresh mobile vendor" or "vendor" means a person who has been qualified, pursuant to paragraph (1) of subsection b. of section 4 of this act, to provide fresh produce to residents of urban food desert communities. "Fresh Mobiles Initiative" or "Initiative" means the "New Jersey Fresh Mobiles Initiative Pilot Program," established and developed pursuant to this act. "Low-income food voucher" means any type of food voucher, coupon, stamp, certificate, written authorization, or benefits card, which has been issued to a person by a government entity in accordance with the provisions of the federal food stamp assistance program, the Supplemental Nutrition Assistance Program, the federal WIC program, the New Jersey Supplementary Food Stamp Program, the Work First New Jersey program, or any other federal or State level nutrition or income assistance program now or hereafter established by law. "Mobile venue" means a food truck or other vehicle serving as a base of operations from which a fresh mobile vendor may offer fresh produce for sale to consumers in urban food desert communities through participation in the Fresh Mobiles Initiative Pilot Program. "New Jersey Supplementary Food Stamp Program" means the State level food stamp program, established pursuant to P.L.1998, c.32 (C.44:10-79 et seq.), which applies to non-citizens who were rendered ineligible for federal food stamp program assistance by section 402 of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193 (8 U.S.C. s.1612). "Participating municipality" means a municipality, or physically contiguous urban area in the State, which qualifies as an urban food desert selected by the Secretary of Agriculture to participate in the Fresh Mobiles Initiative Pilot Program established pursuant to this act. "Secretary" means the Secretary of Agriculture. "Supplemental Nutrition Assistance Program" means the supplemental nutrition assistance program, established pursuant to the federal "Food and Nutrition Act of 2008," Pub.L.88-525 (7 U.S.C.s.2011 et seq.). "Urban food desert," "urban food desert community," or "community" means a municipality, or physically contiguous urban area in the State, in which residents have limited access to nutritious foods, such as fresh fruits and vegetables, through supermarkets, grocery stores, and farmers' markets. "Vendor supply area" means a specific street location in a participating municipality where qualified fresh mobile vendors may offer their fresh produce for sale to consumers as part of the pilot program authorized pursuant to this act. "Work First New Jersey" means the Work First New Jersey temporary public assistance program, established pursuant to P.L.1997, c.38 (C.44:10-55 et seq.) in accordance with authorization received under Title IV of the federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996," Pub.L.104-193 (8 U.S.C. s.1601 et seq.). L.2011, c.223, s.3.

N.J. Stat. § 4:10-25.6 Mobile farmers' market pilot program.

4. a. In order to promote and facilitate improved access to fresh produce by low-income residents of urban food deserts, the Department of Agriculture shall develop and assist in the implementation of a mobile farmers' market pilot program, to be known as the "New Jersey Fresh Mobiles Initiative." The pilot program shall operate in one or more municipalities, selected by the Secretary of Agriculture, in which residents have limited access to nutritious foods through supermarkets, grocery stores, and farmers' markets, which agree to participate in the program. The department shall identify, on its Internet website, the municipalities selected for participation, and the vendor supply areas at which, and the times during which, fresh mobile vendors will be accessible for community residents. The pilot program shall operate for a period of at least one year. No later than one year after the pilot program is established and becomes effective, the department shall submit to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a written report containing information on the implementation of the pilot program, including a recommendation on the feasibility and desirability of implementing the initiative on a Statewide basis. b. As a part of the Fresh Mobiles Initiative Pilot Program, the department shall be authorized to: (1) establish qualifications for fresh mobile vendors and assist the participating municipalities in identifying and recruiting appropriate qualified persons to act as fresh mobile vendors in the pilot program to be operated in the participating municipality, provided that the vendors agree to accept any low-income food vouchers as payment at the mobile venues established under the pilot program as a condition of participation in the program; (2) assist the participating municipalities in designating one or more vendor supply areas to be used for vendor sales, which designations shall ensure a high level of accessibility to vendors by community residents; (3) coordinate and encourage partnerships between the participating municipalities and such fresh mobile vendors as deemed necessary to better enable and ensure the prompt or efficient delivery of fresh produce to urban food desert communities and the provision of a year-round supply of fresh produce through the pilot program; (4) take appropriate actions to encourage consumer participation in the initiative and increase consumer familiarity with regard to the various types of produce offered by fresh mobile vendors; (5) take appropriate actions to encourage, at the discretion of the individual fresh mobile vendor, the acceptance of any method of payment, including, but not limited to, cash, credit, or check; (6) develop educational and informational materials for distribution to consumers, which materials may incorporate information pertaining to the nutritional value of fruits and vegetables, the importance of incorporating fresh produce into the diet, or any other topic that is relevant to the work of the initiative; and (7) take such other actions, including but not limited to adopting rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), that the secretary deems necessary or appropriate to implement the provisions of this act. L.2011, c.223, s.4.

N.J. Stat. § 4:10-25.7 Identification, recruitment of vendors.

5. a. The department shall work with participating municipalities to identify and recruit appropriate and qualified persons to serve as vendors to provide fresh produce for sale to residents in urban food desert communities in participating municipalities. b. In implementing subsection a. of this section, the department shall use to the maximum extent practicable in-State produce farmers, collaborative farmers' organizations, or private, non-profit, or governmental entities that are engaged in fresh produce rescue efforts, such as the New Jersey Agricultural Society in its "Farmers Against Hunger" program and the New Jersey Federation of Food Banks, which is the network of food banks which exist in New Jersey. The department shall encourage the State's produce farmers and other entities to participate in the initiative as fresh mobile vendors. The department shall make reasonable efforts to ensure, through the adoption of appropriate regulatory requirements or otherwise, that a consistent, year-round supply of reasonably priced fresh produce, sufficient to satisfy the fresh produce needs of residents in the urban food desert communities in the participating municipalities, will be made available by the fresh mobile vendors recruited to participate in the pilot program. In the event that in-State produce farmers are unable to meet the needs of residents in the designated communities, the secretary may recruit out-of-State produce farmers to meet those needs. L.2011, c.223, s.5.

N.J. Stat. § 4:10-25.8 Eligibility for participation as consumer in Fresh Mobiles Initiative.

6. a. Any person may participate as a consumer in the Fresh Mobiles Initiative. b. A person who is currently enrolled as a participant in: (1) the federal food stamp assistance program; (2) the Supplemental Nutrition Assistance Program; (3) the federal WIC program; (4) the New Jersey Supplementary Food Stamp Program; (5) Work First New Jersey; or (6) any other federal or State level nutrition or income assistance program now or hereafter established by law may use, to the extent such use is consistent with the requirements of the programs, low-income food vouchers to purchase fruits and vegetables from fresh mobile vendors. c. The department may adopt rules and regulations as necessary to facilitate the acceptance of low-income food vouchers by fresh mobile vendors in accordance with subsection b. of this section and paragraph (1) of subsection b. of section 4 of this act. L.2011, c.223, s.6.

N.J. Stat. § 4:10-25.9 "New Jersey Fresh Mobiles Operation Fund."

7. a. The Secretary of Agriculture is authorized to receive and expend, for the purposes specified in subsection b. of this section, any moneys that are obtained thereby through: (1) appropriations or allocations of funds to the department for purposes consistent with this act, except for moneys allocated for the State Food Purchase Program; (2) grant or loan awards made available to the department for purposes consistent with this act; (3) direct contributions, gifts, legacies, bequests, or endowments for purposes consistent with this act; and (4) any other source for purposes consistent with this act. b. The secretary shall deposit all moneys received pursuant to subsection a. of this section in a special account to be known as the "New Jersey Fresh Mobiles Operation Fund." The secretary may expend the moneys deposited in the fund, in addition to any interest accrued thereon, and any dividends and returns resulting from investment of the moneys in the fund, for any of the following purposes: (1) advertising and publicizing the initiative; (2) developing and distributing educational materials as part of the initiative; (3) providing financing for any studies that are reasonably necessary to evaluate the efficacy of the Fresh Mobiles Initiative Pilot Program; (4) offsetting any costs incurred by the department or participating municipalities in complying with the provisions of this act; and (5) providing financing for any other activity or endeavor that is consistent with the purposes of this act, and that will support, or facilitate the efficient and effective operation of, the Fresh Mobiles Initiative Pilot Program. L.2011, c.223, s.7.

N.J. Stat. § 4:10-25.10 "Jersey Native Plants Program", established.

1. a. The Secretary of Agriculture, in conjunction with the State Board of Agriculture, shall develop and implement a "Jersey Native Plants Program" to encourage and promote the sale of New Jersey native plants at retail garden centers and nurseries. The program shall increase consumer awareness of the important role of native plants in the ecosystem through advertising campaigns and marketing programs, provide for the dissemination of information about the variety and availability of New Jersey native plants, and create a labeling program to identify native plants as "Jersey Natives" for sale similar to the Jersey Fresh and Jersey Grown programs. b. The Department of Agriculture shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement this act. L. 2021, c.331.

N.J. Stat. § 4:10-26 Short title

This act shall be known as "Controlled Atmosphere Storage Act." L.1962, c. 62, s. 1.

N.J. Stat. § 4:10-27 Definitions

The following words and phrases, when used in this act, shall have the meanings respectively ascribed to them: "Controlled Atmosphere Storage," "Modified Atmosphere Storage," "Crisp Air," "CA" or other terms or abbreviations of similar import shall mean the storage of agricultural commodities under conditions which comply with the provisions of this act and the rules and regulations adopted pursuant thereto. "Agricultural commodities" shall mean fruit, vegetable, ornamental, horticultural and floricultural products. "Person" shall mean a natural person, firm, partnership, association or corporation. L.1962, c. 62, s. 2.

N.J. Stat. § 4:10-28 Operator's license; fee; inspection of facilities; compliance with act

Any person desiring to operate a controlled atmosphere storage facility for the storage of agricultural commodities may apply to the Secretary of Agriculture for a license. A nonreturnable fee of $10.00 per room shall accompany the application. Prior to the issuance of the license, the secretary or his authorized agent shall inspect the storage facilities to determine whether they comply with the applicable rules. A license shall expire 1 year after the issuance thereof and may be renewed annually upon payment of a fee of $10.00 per room unless suspended or revoked for violation of this statute or regulations issued pursuant thereto. When agricultural commodities are not represented as having been exposed to controlled atmosphere storage, it shall not be necessary to comply with the requirements of this act. L.1962, c. 62, s. 3. Amended by L.1971, c. 235, s. 1, eff. June 23, 1971.

N.J. Stat. § 4:10-29 Packing or repacking permit

Any person desiring to pack or repack an agricultural commodity which is represented as having been exposed to controlled atmosphere storage shall apply to the secretary for a permit. Permits shall expire 1 year after the issuance thereof and may be renewed annually unless revoked or suspended for violation of this statute or regulations issued pursuant thereto. L.1962, c. 62, s. 4.

N.J. Stat. § 4:10-30 Rules and regulations

The board of agriculture is authorized to promulgate reasonable rules and regulations governing, among other factors, the following: (a) Record keeping, (b) Reports, (c) Construction and maintenance of storage facilities, (d) Length of storage time including the maximum time allowed to reach the prescribed atmospheric conditions, (e) Temperature, (f) Humidity, (g) Atmospheric composition, and (h) Packing and repacking. L.1962, c. 62, s. 5.

N.J. Stat. § 4:10-31 Prohibited acts

No person shall: (a) Advertise, label or otherwise represent that any agricultural commodity has been exposed to controlled atmosphere storage unless the agricultural commodity has been stored in a facility licensed by the secretary under the provisions of this act and under the rules and regulations issued pursuant thereto or under the provisions of section 7 of this act; (b) Sell, exchange, expose or offer for sale any agricultural commodity represented as having been exposed to controlled atmosphere storage unless the commodity has been stored in a facility licensed by the secretary under the provisions of this act and the rules and regulations issued pursuant thereto or under the provisions of section 7 of this act; (c) Operate a facility for the storage of agricultural commodities that is represented as being a controlled atmosphere storage facility unless it has been licensed by the secretary under the provisions of this act and the rules and regulations issued pursuant thereto; or (d) Pack or repack any agricultural commodity which is represented as having been exposed to controlled atmosphere storage unless he holds a permit issued by the secretary under the provisions of this act and the rules and regulations issued pursuant thereto. L.1962, c. 62, s. 6.

N.J. Stat. § 4:10-32 Storage in other states

(a) When an agricultural commodity has been stored in another State which has laws governing controlled atmosphere storage similar to the provisions in effect in New Jersey and the agricultural commodity has been stored in compliance with those provisions, it may be represented as having been exposed to controlled atmosphere storage when sold in New Jersey, if the State in which it was stored permits agricultural commodities stored in New Jersey in compliance with New Jersey law to be represented as having been exposed to controlled atmosphere storage when sold in that State. (b) When an agricultural commodity has been stored in another State which does not have laws governing controlled atmosphere storage similar to the provisions in effect in New Jersey but the agricultural commodity has been stored in facilities and under conditions comparable to that required under this act, they may be represented as having been exposed to controlled atmosphere storage when sold in New Jersey. The board of agriculture may, by rule or regulation, determine any necessary procedures to implement this section. L.1962, c. 62, s. 7.

N.J. Stat. § 4:10-33 Penalty; injunctive relief

8. Any person who violates any provision of this act or the rules and regulations issued pursuant thereto shall be liable to a penalty of not less than $100.00 nor more than $500.00 for each offense. Each day of violation shall be deemed a separate offense. Penalties set forth in this act shall be sued for by and in the name of the secretary and shall be recoverable with costs. The Superior Court and municipal courts shall have jurisdiction to enforce the provisions of this act or of any rule or regulation issued pursuant thereto. Any proceeding for a violation of this act may be brought in the municipality where the violator resides, has a place of business or principal office or where the act or omission or part thereof complained of occurred. The proceeding shall be summary in nature and in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The secretary may institute an action in the Superior Court for injunctive relief to prevent and restrain any violation of this act or of any rules or regulations issued pursuant thereto. L.1962,c.62,s.8; amended 1991,c.91,s.168.

N.J. Stat. § 4:10-34 Definitions

The following words and phrases, when used in the act, shall have the meanings respectively ascribed to them. Words used in the singular shall be construed to also mean the plural and words used in the plural shall be construed to also mean the singular. (a) "Potatoes" means all varieties of the tuber (Solanum Tuberosum L) commonly known as Irish Potatoes. (b) "Secretary" means the Secretary of Agriculture of the State of New Jersey. (c) "Board" means the New Jersey State Board of Agriculture. (d) "Person" means a natural person, firm, partnership, association, corporation or any other business enterprise. (e) "Closed packages" means all containers of any description, containing potatoes, which are enclosed on all sides and includes hampers, baskets, boxes, crates, cartons and bags of any size or material. (f) "Open packages" means all containers of any description, containing potatoes, which are open on at least one side or end and includes hampers, baskets, boxes, crates, cartons and bags of any size or material; but does not include storage or display bins of potatoes in bulk. (g) "Used packages" means all containers of any description which have been previously used for packing potatoes or other commodities. (h) "Grades" means the official grades as promulgated from time to time by the Secretary of Agriculture of the United States as United States Standards for Potatoes, commonly known as U.S. Grades. (i) "Unclassified" --as applied to potatoes for the purpose of this act means any lot of potatoes which fails to meet the requirements of U.S. No. 2 Grade but contains an aggregate of not more than 15 per cent, by weight, of potatoes which are seriously damaged, including therein not more than 5 per cent which are frozen, or affected by southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, and further including not more than 3 per cent which are frozen, or affected by soft rot or wet breakdown. (j) "Culls" --as applied to potatoes for the purpose of this act means any lot of potatoes which contains: (1) More than 3 per cent of potatoes which are frozen, or affected by soft rot or wet breakdown, or (2) More than an aggregate of 5 per cent which are frozen, or affected by southern bacterial wilt, ring rot, late blight, soft rot or wet breakdown, or (3) More than 15 per cent, by weight, of potatoes which are seriously damaged by any cause. L.1963, c. 116, s. 1.

N.J. Stat. § 4:10-35 Potatoes; prohibited acts; packaging requirements

No person shall sell, expose or offer for sale, or transport for sale, potatoes in open or closed packages, except for delivery to processing plants, packing houses, or to a storage for packing, unless: (a) Each such package bears conspicuously in plain words and figures, on the outside, or on a durable insert, or stuffer within, which is readily readable from the outside, or on a tag firmly affixed to the package--(1) the word "potatoes," (2) the grade, (3) the net quantity in weight, measure or numerical count, and (4) the name and address of the person under whose authority the potatoes were packed. (b) The potatoes in each such package conform to the markings on or within such package in every particular. (c) The shown face or shown surface reasonably represents the entire contents of the package. Potatoes in open or closed packages not graded in conformity with any of the U.S. Standard grades may be exposed, offered or transported for sale or sold as "Unclassified" or "Culls" if so marked in a conspicuous manner. L.1963, c. 116, s. 2.

N.J. Stat. § 4:10-36 Re-use of packages

When potatoes are packed in used packages, any markings pertaining to previous contents of such packages, that do not apply, shall be removed or obliterated before any potatoes are placed into the package, or in the case of bags or sacks turned inside out; and the markings required under this act shall be substituted. L.1963, c. 116, s. 3.

N.J. Stat. § 4:10-37 Evidence of offer or transport for sale

When open or closed packages of potatoes are placed in transit for sale or delivery or moved to market in any medium of transportation, such transit, delivery or movement shall be prima facie evidence that the potatoes are offered or transported for sale. L.1963, c. 116, s. 4.

N.J. Stat. § 4:10-38 Rules and regulations

In order to provide for the orderly marketing of potatoes, the board, in accordance with the Administrative Procedure Act (P.L.1968, c. 410, C. 52:14B-1 et seq.) may adopt rules and regulations not inconsistent with this act, for the enforcement thereof. L.1963, c. 116, s. 5. Amended by L.1974, c. 164, s. 1.

N.J. Stat. § 4:10-39 Enforcement of act by secretary; powers

The secretary is charged with the enforcement of this act and for that purpose the secretary or his authorized agents shall have power: (a) To enter and inspect all premises and places within the State where potatoes are produced, packed or stored for sale, shipped, delivered for shipment, offered or exposed for sale, or sold, and to inspect such places and all potatoes, potato containers and equipment found in any such places. (b) To issue and enforce a written "stop sale, use, or removal" order to the owner or custodian of any packages of potatoes found improperly marked in violation of any provisions of this act, or rule or regulation adopted hereunder. Such order may require that the packages be held at a designated place until such packages of potatoes have been properly marked under this act, or rule or regulation adopted hereunder, and released by the secretary or his authorized agent. L.1963, c. 116, s. 6. Amended by L.1974, c. 164, s. 2.

N.J. Stat. § 4:10-39.1 Violations; hearings; assessment of penalty; effect of payment

Upon receiving any information of a violation of any provision of this act or of any rule or regulation adopted thereunder, the secretary or any agent designated by him for such purpose, is empowered to hold hearings upon said violation and, upon finding the violation to have been committed, to assess a penalty against the violator in such amount, not to exceed the maximum limit set forth in section 7 of P.L.1963, c. 116 (C. 4:10-40), as the secretary deems proper under the circumstances. If the violator pays such penalty as settlement, no further prosecution shall be had upon that violation. Payment of such a penalty shall be deemed equivalent to a conviction for violation of this act. L.1974, c. 164, s. 4.

N.J. Stat. § 4:10-39.2 Cooperation and agreements with other agencies and private associations

The secretary may cooperate with and enter into agreements with agencies of this and other states, the Federal Government and private associations in order to carry out the purpose and provisions of this act and the act of which this act is amendatory and supplementary. L.1974, c. 164, s. 5.

N.J. Stat. § 4:10-40 Violations; penalties; jurisdiction and venue; injunctive relief

7. Any person who violates any provision of this act, or the rules and regulations issued pursuant thereto, shall be liable to a penalty of not less than $50.00 nor more than $100.00 for the first offense and a penalty of not less than $100.00 nor more than $200.00 for the second offense occurring within one year. Persistent violators who commit a third or subsequent offense within one year shall be liable to a penalty of not less than $300.00 nor more than $500.00 for each such offense. Every day upon which a violation occurs shall be considered to be a separate violation. Penalties set forth in this act shall be sued for by and in the name of the secretary and shall be recoverable with costs. The Superior Court and municipal courts shall have jurisdiction to enforce the provisions of this act and of any rule or regulation issued pursuant thereto. Any proceeding for a violation of this act may be brought in the county or municipality where the violator resides, has a place of business or principal office or where the act or omission or part thereof complained of occurred. The proceeding shall be summary in nature and in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The secretary may institute an action in the Superior Court for injunctive relief to prevent and restrain any violation of this act or any rules or regulations issued pursuant thereto. L.1963,c.116,s.7; amended 1974, c.164, s.3; 1991,c.91,s.169.

N.J. Stat. § 4:10-41 Appropriation

There is hereby appropriated to the State Department of Agriculture the sum of $15,000.00 to carry out the requirements of this act for the first year of its enforcement and such sums as may thereafter be included in any annual or supplemental appropriation act. L.1963, c. 116, s. 8.

N.J. Stat. § 4:10-42 Partial invalidity

Should any section or provision of this act be held to be invalid by any court of competent jurisdiction, the validity of the act as a whole or any other part thereof shall not be affected. L.1963, c. 116, s. 9.

N.J. Stat. § 4:10-43 Short title

This act shall be known as the "Agricultural Research, Development and Promotion Act of 1970." L.1971, c. 308, s. 1, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-44 Purpose

The purpose of this act is to make possible the establishment of programs for the: (a) Development of methods and means for the maintenance of present markets and for the development of new and expanded markets for agricultural commodities; (b) Sponsor research and market promotion programs and activities to improve the economic health of agriculture in the State of New Jersey; and (c) Insure the adequacy of supplies of agricultural products for the citizens of the State of New Jersey. L.1971, c. 308, s. 2, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-45 Definitions

As used in this act, unless the context requires otherwise: (a) "Department" means the Department of Agriculture; (b) "Secretary" means the Secretary of Agriculture; (c) "Board" means the State Board of Agriculture; (d) "Advisory council" means the appointed body which advises and assists the secretary in the administration of a marketing program; (e) "Sell" includes "offer for sale," "expose for sale," "have in possession for sale," "exchange," "barter" or "trade," ; (f) "Agricultural commodity" means any and all agricultural products including but not limited to vegetables, horticultural, apicultural, dairy and animal products in their raw or natural condition or any class, variety or utilization thereof; (g) "Producer" means any person engaged within this State in the business of growing or raising, or causing to be grown or raised for market upon land owned or leased by him any agricultural commodity; (h) "Processor" means any person engaged within this State in the canning, freezing, drying or other method of preservation of agricultural commodities for sale; but shall not include a person who manufactures a nonedible commodity from an agricultural commodity; (i) "Buyer" means any person in this State engaged in the business of buying or causing to be bought any fresh agricultural commodity from a producer or group of producers; (j) "Person" means any natural person, firm, corporation, association or any other business unit; (k) "Marketing program" means the rules and regulations issued by the secretary, with the approval of the Board, governing the conduct and operation of research, development and sales promotion programs pertaining to an agricultural commodity or commodities; (l) "Advertising and sales promotion" means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification or removal of trade barriers which restrict the free flow of agricultural commodities to market; (m) "General rules and regulations" means rules and regulations applicable to all marketing programs issued and made effective by the secretary to provide uniform methods and procedures to facilitate the administration and enforcement of all such marketing programs; (n) "Major amendments" means amendments to any marketing program or agreement which effect a substantial change or modification in the provisions of such marketing program; (o) "Minor amendments" means amendments to any marketing program which modify any provisions of any marketing program for the purpose of clarifying the meaning or application of such provisions or modify the administrative procedures for carrying out such provision; and (p) "Affected," "directly affected" refers either to the commodity covered by any program or to persons who are subject to the provisions of any program and who are subject to assessment. L.1971, c. 308, s. 3, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-46 Secretary; powers and duties; marketing program; hearing; notice; administration

The secretary shall administer and enforce the provisions of this act. In order to effectuate the purposes of this act the secretary is authorized to issue, administer and enforce the provisions of marketing programs promulgated hereunder regulating producer marketing or handling of agricultural commodities upon approval of persons directly affected as provided in section 13. Whenever the secretary has reason to believe that the issuance of a marketing program or major amendments to an existing marketing program will tend to effectuate the purposes of this act with respect to any agricultural commodity, he shall upon application of the producers of any agricultural commodity, or any organization representing 10% of such persons, conduct a public hearing after due notice upon a proposed marketing program or major amendments to an existing marketing program. Notice of any hearing called for such purpose shall be given by the secretary by publishing a notice of the hearing for a period of not less than 3 days in a newspaper of general circulation published in the capital of the State and in such other local newspapers as the secretary may prescribe. No such public hearing shall be held prior to 5 days after the last day of such publication. The secretary shall mail a copy of the notice of hearing to any producers or processors of such agricultural commodity whose names and addresses appear upon lists of such persons on file in the department. A copy of the proposed program or amendment shall be provided to any interested person upon request. The notice of hearing shall set forth the date and place of hearing, the agricultural commodity, the geographical area covered by the proposed marketing program or amendment and the subject matter to be covered by the hearing. The hearing shall be public and all testimony shall be received under oath. A full and complete record of all proceedings at the hearing shall be made and maintained on file in the office of the secretary. At the hearing the secretary shall receive all testimony relevant to the subject of the hearing. L.1971, c. 308, s. 4, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-47 Reports by producers

In order to provide the secretary with necessary information, he may require any producer of any agricultural commodity to file with the department a report showing: (a) Name and address; (b) The agricultural commodity or commodities with which the person is involved; and (c) The quantity of the agricultural commodity produced or handled by the said person in the marketing season next preceding the filing of the report. L.1971, c. 308, s. 5, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-48 Reports and information as basis for program

Failure or refusal of any producer to file the report authorized in section 5 shall not invalidate any proceeding taken or marketing program issued hereunder. The secretary is authorized and directed to proceed upon the basis of reports received and such information as otherwise may be available. L.1971, c. 308, s. 6, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-49 Lists of producers

From such reports so filed and the information so received or available to the secretary including any corrections, the secretary shall prepare a list of the names and addresses of such producers and the volume of such commodity produced or marketed by all such producers directly affected by the proposed marketing program, or amendments thereto, in the preceding marketing season. Such lists shall constitute complete and conclusive lists for use in any finding made by the secretary pursuant to sections 13, 14 and 15 of this act and such findings shall be conclusive. L.1971, c. 308, s. 7, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-50 Confidentiality of reports by producers

The information contained in the individual reports of producers filed with the secretary pursuant to section 5 of this act shall not be made public by the secretary in such form, but the information contained in such reports may be prepared in combined form for use by the secretary, his agents, or other interested persons, in the formulation, administration and enforcement of a marketing program, or may be made available pursuant to court order, but shall not be made available to anyone for private purposes. L.1971, c. 308, s. 8, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-51 Findings of secretary; basis

In making any findings pursuant to this act, the secretary shall base his findings upon the facts, testimony and evidence received at the public hearing together with any other relevant facts available to him from official publications or records of the department and other governmental agencies referred to at the hearing. L.1971, c. 308, s. 9, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-52 Advisory council; members

Every marketing program issued pursuant to this act shall provide for the establishment of an advisory council to assist the secretary in the administration of the marketing program. The members of the council shall be appointed by the board from those directly affected in accordance with rules promulgated by the secretary and may hold office at the pleasure of the board. The number of members upon any such council shall be of such number as the secretary finds is necessary to assist properly in the administration of such program. The board may appoint one person who is neither a producer or processor to represent the public generally. The secretary and dean of the College of Agriculture and Environmental Science of Rutgers University may each appoint a nonvoting member to serve on the advisory council. L.1971, c. 308, s. 10, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-53 Compensation; powers and duties

No member of any such council shall receive a salary but each shall be entitled to reimbursement of expenses incurred in the performance of official duties. The secretary may authorize the council to enter into contracts or agreements; to employ necessary personnel; to fix their compensation and terms of employment; and to incur such expenses as may be necessary for the proper administration of the marketing program. Subject to the approval of the secretary, the council may: (a) Administer the marketing program; (b) Recommend amendments to the marketing program; (c) Recommend rules and regulations relating to the marketing program; (d) Assist in the assessment and collection of funds to cover expenses incurred in the administration of the marketing program; (e) Assist in the collection of such information and data as the secretary may deem necessary; and (f) Receive and report complaints of violations of the marketing program. L.1971, c. 308, s. 11, eff. Sept. 2, 1971. Amended by L.1973, c. 107, s. 1, eff. May 2, 1973.

N.J. Stat. § 4:10-54 Subject matter of marketing program

Subject to the limitations of any other provision of this act, a marketing program may be effective throughout the State or a portion thereof and contain any of the following provisions: (a) Advertising and sales promotion programs; (b) Research studies in the production or distribution of the agricultural commodity. The dean of the Agricultural College of Rutgers University and the council shall cooperate in the selection of research projects. Insofar as practicable such projects shall be carried out by the Agricultural Experiment Station at Rutgers. If the dean of the Agricultural College at Rutgers University determines that the station has no suitable facilities for a particular project or that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the council; (c) Educational programs designed to disseminate information related to the marketing of the commodity; and (d) Contribution to any State-wide, nonprofit program to inform the general public about agriculture. L.1971, c. 308, s. 12, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-54.1 Persons assessed by other federal, state or multistate programs; exemption, adjustment or credit

Any marketing, development, research or promotion program promulgated under provisions of this act may provide for exemption of, or allow suitable adjustments or credits to, producers, processors, buyers or other affected persons who are required by a Federal, State or multistate program to pay an assessment of a like amount under such program; provided, that any affected person who obtains a refund of his assessment under such a Federal, State or multistate program shall not be exempt. The secretary shall determine the conditions, procedures and forms under which such exemption may be granted. L.1973, c. 107, s. 4, eff. May 2, 1973.

N.J. Stat. § 4:10-55 Referendum for approval; bloc vote of nonprofit associations of producers

No marketing program or major amendment shall be effective unless the secretary finds through referendum: (a) Written consent has been voted by not less than 65% of the producers voting in the referendum who are engaged in the production or producer marketing of at least 51% by volume of the agricultural commodity of those voting; or (b) Written consent has been voted by producers who engage in the production or producer marketing of 65% of the volume of the agricultural commodity of those voting and who represent not less than 51% of the total number of producers voting in the referendum. Volume shall be determined on the basis of the quantity of the commodity produced in the next preceding marketing season in New Jersey or that area of New Jersey to be covered by the marketing program or amendment. To facilitate the conduct of the referendum and to delineate those producers subject to the provisions of this act, the secretary or advisory council may limit eligibility for voting in and application of the referendum to those producers who produced a reasonable minimum amount, as determined by the secretary or council, of the affected commodity during the year immediately preceding the year in which the referendum is held and who are producing such commodity during the year of the referendum. Nonprofit associations of producers who have the written consent of members to vote for them in referenda concerned with marketing programs may cast a bloc vote for such members in any referendum provided for in this act. L.1971, c. 308, s. 13, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-56 Referendum date

At each public hearing upon a marketing program or a major amendment the secretary may receive evidence relating to the time necessary for the receipt of written consent. He shall establish a referendum date on which consent must be received. L.1971, c. 308, s. 14, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-57 Suspension or termination

The secretary shall suspend or terminate any marketing program effective at the end of the then current marketing season whenever he finds, after a public hearing: (a) The program is contrary to or does not tend to effectuate the purposes of this act. (b) The termination or suspension is requested in writing by at least 51% of the affected producers, who produce at least 51% of the volume of the agricultural commodity, or by an association representing such numbers and volume. L.1971, c. 308, s. 15, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-58 Minor amendments

The secretary may promulgate minor amendments to a marketing program upon the recommendation of the advisory council. L.1971, c. 308, s. 16, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-59 Major amendments

Major amendments to marketing programs shall be instituted in the same manner as the marketing program. Provisions effecting substantial modifications or provisions relating to the following shall be deemed to be major amendments: (a) Advertising and sales promotion; (b) Research studies relating to production or distribution; (c) Alteration of maximum assessment rates. In the event a major amendment is not approved in a referendum, the marketing program will continue in effect. L.1971, c. 308, s. 17, eff. Sept. 2, 1971. Amended by L.1973, c. 107, s. 2, eff. May 2, 1973.

N.J. Stat. § 4:10-60 Effective date; filing; publication

Any program promulgated pursuant to the provisions of this act shall become effective upon the filing of a copy of the program in the office of the Secretary of the State of New Jersey. The secretary may publish the program in the newspapers of general circulation and may mail copies of the order to interested persons. L.1971, c. 308, s. 18, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-61 Rules and regulations

The board shall have power to establish general rules and regulations of uniform application to all marketing programs and marketing agreements. L.1971, c. 308, s. 19, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-62 Deposit for expenses upon application for marketing program; refund; assessment of producers and processors; budget

The secretary may require persons applying for a marketing program to deposit with him in advance such amount as he deems necessary to defray the expenses connected with the formulation and issuance of the program and shall reimburse these persons when sufficient funds are available from assessments after the program is in effect. In the event a program is not issued, the secretary shall refund only that portion remaining after the payment of expenses incurred in connection with the proposed program on a pro rata basis. For the purpose of providing funds to defray the necessary expenses incurred by the secretary in the formulation, issuance, administration and enforcement of each marketing program, the marketing program shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. The marketing program shall indicate the maximum assessment rate. The advisory council shall recommend to the secretary, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the secretary finds that the budget and assessment rate are proper and equitable and will provide sufficient money to defray expenses, he may approve the budget and rate of assessment and order that each producer or processor so assessed shall pay to him, at such times and in such installments as he may prescribe, an assessment based upon the units in which such agricultural commodity is marketed, or upon any other uniform and equitable basis. Assessment rates for producers directly affected shall not exceed 5% of the gross dollar value of sales by affected producers during the marketing season. L.1971, c. 308, s. 20, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-63 Deposit by producers prior to marketing season

The secretary may require each and every producer directly regulated by any marketing program to deposit with him in advance of the marketing season an amount limited to 1% of the estimated value of the agricultural commodity to be marketed by such producer. To provide funds to cover the costs of advertising, sales promotion, research or education plans incurred prior to the receipt of sufficient funds from assessments, the secretary may require each person so assessed to deposit with him in advance an amount not exceeding 25% of such assessment. L.1971, c. 308, s. 21, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-64 Contributions in lieu of advance deposits; repayment

In lieu of requiring advance deposits for defraying administrative advertising, sales promotion, research or education expenses, the secretary is authorized to receive and disburse for such expense purposes contributions made by producers or others. Neither the council nor the secretary shall be held responsible for the repayment of such contributions. Whenever the marketing program accounts are sufficient to so warrant, the council shall recommend and the secretary shall authorize the repayment of contributions or authorize the application of such contributions to the assessment obligations of the persons who made the contributions. L.1971, c. 308, s. 22, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-65 Collection of assessments

For the convenience of collecting any assessments on a processing commodity, the secretary may collect such assessments from the processors of the commodity. Any assessment on a fresh market commodity may be collected from the buyers of the commodity as defined in this act. Processors and buyers paying such assessments for and on behalf of any producers, shall deduct the amount of such assessment from any moneys which they owe such producers. L.1971, c. 308, s. 23, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-66 Deposit of funds with state treasurer; separate accounts; disbursement

All moneys received by the secretary pursuant to this act shall be deposited as received with the State Treasurer and maintained by him in separate accounts for each marketing program or agreement. Moneys credited to each such account shall be appropriated and used for the payment of expenses incurred in carrying out the provisions of the particular marketing program or agreement, refunds and returns of excess assessments and shall be disbursed by the State Treasurer out of such funds in the same manner as other State expenses are paid, provided, however, that no refund or return of excess assessment shall be made where the amount due an individual is less than $5.00. L.1971, c. 308, s. 24, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-67 Emblems, labels, designations of grade, quality or condition; filing; use

The advisory council may adopt emblems, labels or other distinctive designations of grade, quality or condition and shall register said emblems, labels or designations with the secretary who will cause them to be filed with the Secretary of the State of New Jersey. Every person who is directly regulated by the program shall have the use thereof. No person shall use any emblem, label or other distinctive designation of grade, quality or condition established by a marketing program, other than State or Federal grade standards, unless he is participating in and complying with the provisions of the marketing program. L.1971, c. 308, s. 25, eff. Sept. 2, 1971. Amended by L.1973, c. 107, s. 3, eff. May 2, 1973.

N.J. Stat. § 4:10-68 Cooperation with federal government and other states

The secretary is hereby authorized to confer with and cooperate with the legally constituted authorities of other states and of the United States, for the purpose of obtaining uniformity in the administration of Federal and State marketing regulations, agreements, or programs, and the secretary is authorized to conduct joint hearings, issue joint or concurrent marketing programs which tend to effectuate the purposes of this act and may exercise any administrative authority granted by this act to effect such uniformity of administration and regulation. L.1971, c. 308, s. 26, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-69 Assessments as personal debts; action for collection; penalty

Assessments levied by the secretary shall constitute personal debts of persons so assessed and when due shall be payable to the secretary. In the event of failure to pay any such assessment upon the due date, the secretary may file a complaint in a court of competent jurisdiction for the collection thereof. In the event any producer or processor duly assessed fails to make full payment on or before the due date, the secretary is authorized to add to the unpaid assessment an amount not exceeding 10% to defray the cost of collecting the unpaid assessment. L.1971, c. 308, s. 27, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-70 Liability of members and employees of advisory councils

The members and employees of any advisory council shall not be held individually responsible to any producer, processor or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, except for their individual acts of dishonesty or crime. Members or employees shall not be held individually responsible for any act or omission of any other member or employee. The liability of the members and employees shall be several and not joint. L.1971, c. 308, s. 28, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-71 Survival of causes of action; possession as prima facie evidence of offer to sell; exercise of power or duty by agent

The suspension, amendment or termination of any marketing program or marketing agreement shall not suspend or terminate any cause of action which has accrued thereunder, but the same shall survive and exist the same as if such marketing program or agreement had not been suspended, amended or terminated. In all matters arising under this act, the fact of possession by any person engaged in the sale of a commodity is prima facie evidence that such commodity is for sale. Whenever any power or authority is given by any provision of this act to any person it may be exercised by any deputy, inspector, or agent duly authorized by him. L.1971, c. 308, s. 29, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-72 Penalties; remedies

30. Any person who violates any provision of this act or of any marketing program issued pursuant to this act shall be liable to a penalty of not less than $100.00 nor more than $500.00 for each offense. Each day of violation shall be deemed a separate offense. Penalties set forth in this act shall be sued for by and in the name of the secretary, and shall be recoverable with costs. The Superior Court and municipal courts shall have jurisdiction to enforce the provisions of this act or of any marketing program issued pursuant to this act. Any proceeding for a violation of this act may be brought in the municipality where the violator resides, has a place of business or principal office, or where the act or omission or part thereof complained of occurred. The proceeding shall be summary in nature and in accordance with "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). A warrant may be issued in lieu of summons. If judgment shall be rendered for the plaintiff, the court shall cause any defendant, who may refuse or fail to pay forthwith the amount of the judgment rendered against him and all costs and charges incident thereto, to be committed to the county jail for a period not exceeding 30 days. If a defendant who is committed to jail in default of payment of the penalty shall serve the full period for which he shall be committed, upon his release from jail he shall be entitled to have the judgment satisfied of record. The secretary may institute an action in the Superior Court for injunctive relief to prevent and restrain any violation of this act or of any marketing program issued pursuant to the act. Any action based upon the violation of this act or any marketing program issued pursuant to this act shall be commenced within one year from the date of the violation. The penalties and remedies prescribed in this section shall be concurrent and alternative and shall not bar any other civil, criminal or administrative action authorized by law in respect to such violation. L.1971,c.308,s.30; amended 1991,c.91,s.170.

N.J. Stat. § 4:10-73 Application to laws governing agricultural commodities; control or limitation of production

Nothing in this act shall be construed as repealing or modifying any existing law which governs agricultural commodities, or as authority to control or limit the production of any agricultural commodity. L.1971, c. 308, s. 31, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-74 Application to taxes on poultry feed, white potatoes, asparagus, and apples; alteration of rates, form and manner

The councils and commodity programs heretofore created and established under chapter 47 (C. 54:47A-1 et seq.) and chapter 169 (C. 54:47B-1 et seq.) of the laws of 1957 and chapter 18 (C. 54:47C-1 et seq.) and chapter 80 (C. 54:47D-1 et seq.) of the laws of 1959 shall be subject to the provisions of section 15 of this act. The councils under said chapters may alter the assessment rates prescribed therein and the form and manner of the assessment prescribed with respect thereto, in the same manner as provided in section 17 of this act. L.1971, c. 308, s. 32, eff. Sept. 2, 1971. Amended by L.1975, c. 142, s. 1, eff. July 7, 1975.

N.J. Stat. § 4:10-75 Petition for participation by buyers or processors; referendum

The secretary is authorized to receive petitions from any buyer, processor or group of processors or buyers to participate and become directly affected by any marketing program authorized by this act. Except as provided in section 23 of this act, no buyer, processor or group of processors shall be affected by the provisions of this act or marketing programs issued pursuant thereto unless a petition signed by the buyer, processor or group of processors or an authorized agent thereof is received by the secretary. When such petition or petitions are received, the secretary shall notify the advisory council of the affected commodity; and the council shall recommend to the secretary such amendments to the program as may be desirable and necessary to provide for the participation of such buyer, processor, buyers or processors. If approved by a referendum of producers as provided in this act, processors or buyers who have petitioned for participation in a marketing program may be made subject to the remaining provisions of this act, including but not limited to assessments equal to those imposed on producers; representation on the commodity advisory council; and participation in any subsequent referendum in the same manner as provided for producers. L.1971, c. 308, s. 33, eff. Sept. 2, 1971.

N.J. Stat. § 4:10-76 "New Jersey Wine Promotion Account"; establishment, funding.

2. a. There is established in the Department of Agriculture the "New Jersey Wine Promotion Account," hereinafter referred to as the "account." All monies received in this account shall be expended by the Secretary of Agriculture for research and development concerning the viticultural and wine-making processes in the State and for the promotion of New Jersey wine, consistent with the recommendations of the New Jersey Wine Industry Advisory Council created pursuant to section 3 of P.L.1985, c.233 (C.4:10-77). b. The account shall be credited annually, in an appropriation by law, with an amount equal to $0.47 per gallon on all sales of wines, vermouth and sparkling wines sold by plenary winery and farm winery licensees licensed pursuant to R.S.33:1-10. c. The account shall also be credited with any monies made available to it from the General Fund or any non-State public or private source. d. The secretary shall include with the annual budget request for the department a request for funds sufficient to carry out the purposes and intent of P.L.1985, c.233 (C.4:10-76 et seq.) L.1985,c.233,s.2; amended 1989, c.209, s.4; 2001, c.323.

N.J. Stat. § 4:10-77 New Jersey Wine Industry Advisory Council; establishment, members, duties

a. There is established in the Department of Agriculture the New Jersey Wine Industry Advisory Council, comprising eight members, three of whom shall be the Secretary of Agriculture, the Commissioner of Commerce, Energy and Economic Development and the Dean of Cook College at Rutgers University, or their designees, who shall serve ex officio and as nonvoting members, and five members of the general public to be appointed by the State Board of Agriculture, two of whom shall be holders of a plenary winery license, two of whom shall be holders of a farm winery license and one of whom shall be a viticulturist. To the maximum extent practicable and feasible, the members appointed from the general public shall be chosen so as to collectively provide wide geographical representation. The members appointed from the general public shall serve for terms of three years and may be reappointed and may serve until a successor has been appointed. Of the public members first appointed, two shall be appointed for terms of three years, two shall be appointed for terms of two years, and one shall be appointed for a term of one year. A vacancy in the membership occurring other than by expiration of a term shall be filled in the same manner as the original appointment, but for the unexpired term only. The members shall serve without compensation, but the council may, within the limits of funds appropriated or otherwise made available to it, reimburse members for actual expenses necessarily incurred in the discharge of their official duties. b. The council shall organize as soon as its membership has been appointed and shall select a chairman and vice-chairman from among its members and may select a secretary, who need not be a member of the council. The council shall meet twice annually, and at such other times as may be necessary. c. It shall be the duty of the council to assess the condition of the wine industry of the State and to advise the Secretary of Agriculture on expenditures from the New Jersey Wine Promotion Account for research, development, and promotion of the New Jersey wine industry. The council shall also review the wine certification made by the Director of the Division of Taxation pursuant to section 4 of this 1985 amendatory and supplementary act. d. The council is entitled to call to its assistance and avail itself of the services of such employees of any State, county or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for these purposes. e. The council shall promulgate rules and regulations subject to the approval of the State Board of Agriculture to effectuate the purposes of P.L.1985, c.233 (C.4:10-76 et al.). The council may employ, prescribe the duties, and fix and pay the compensation of such persons it may deem necessary to carry out the duties of the council within the limits of available appropriations and subject to the approval of the State Board of Agriculture. L.1985, c.233, s.3; amended 1989, c.209, s.5.

N.J. Stat. § 4:10-78 Certification by taxation director

The Director of the Division of Taxation shall certify by March 1, 1986 and by March 1 annually thereafter to the New Jersey Wine Industry Advisory Council the number of taxable gallons of wine sold by plenary winery and farm winery licensees during the preceding taxable year. L. 1985, c. 233, s. 4, eff. July 11, 1985.

N.J. Stat. § 4:10-79 Establishment of organic certification program

1. a. The Secretary of Agriculture shall establish an organic certification program. In establishing the program, the secretary shall consider any national standards that may be adopted by the United States Department of Agriculture for agricultural products. b. In establishing an organic certification program, the secretary may: (1) designate one or more organizations to certify organic farming and handling practices, and provide that a designated certifying organization may charge fees to cover reasonable costs associated with the certification process; (2) establish certification procedures for "certified organic" and "transitional sustainable"; (3) design a label to be affixed to agricultural products that receive certification as "certified organic" or "transitional sustainable," as appropriate; and (4) charge fees to cover reasonable additional costs associated with the organic certification program and the federal program requirements. c. The secretary shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement an organic certification program, which rules and regulations may include, but need not be limited to, a list of approved, regulated and prohibited production practices and substances. L.2003,c.176.

N.J. Stat. § 4:10-80 "Organic Farming Board" established; definitions.

1. There is established in the Division of Marketing and Development in the Department of Agriculture the Organic Farming Board. a. The purpose of the board shall be to develop, administer, and oversee programs in consultation with the Department of Agriculture on topics related to organic farming, including the certification program established pursuant to P.L.2003, c.176 (4:10-79), the federal organic farming certification program implemented by the United States Department of Agriculture, best practices for organic and regenerative farming, incentives to encourage more organic and regenerative farming in the State, new techniques to carry out organic and regenerative farming, and programs to provide outreach, education, and marketing support to organic and regenerative farms in New Jersey. b. The board shall consist of seven members as follows: (1) two certified organic farmers to be appointed by the Governor; (2) two organic farmers from historically underserved communities to be appointed by the Governor, one of whom shall be recommended by the Speaker of the General Assembly and one of whom shall be recommended by the Senate President; (3) one regenerative farmer, to be appointed by the Governor; and (4) two organic trade representatives to be appointed by the Governor. c. The chairperson shall be a member of the board and shall be elected by the board for a term of three years. The public members shall serve for terms of three years and may be reappointed and may serve until a successor has been appointed. Of the public members first appointed, three shall be appointed for terms of three years, two shall be appointed for terms of two years, and two shall be appointed for a term of one year. Vacancies in the membership of the board shall be filled in the same manner provided for the original appointments. d. The board shall organize as soon as practicable following the appointment of a majority of its members. The chairperson shall appoint a secretary who need not be a member of the board. The board shall meet quarterly in different regions of the State as determined by the chairperson in consultation with other members of the board. The board shall invite organizations, including, but not limited to, the Northeast Organic Farming Association of New Jersey, the Foodshed Alliance, North Jersey RC and D, the Natural Resources Conservation Service in the United States Department of Agriculture, or other agricultural organizations and farmers in order to enhance the public process, provided that a representative of the agricultural organization or a farmer is not serving as an organic trade representative on the board. e. The public members shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties and within the limits of funds available to the board. f. The board shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available to it for its purposes. g. The Department of Agriculture shall provide staff support to the board and the board shall be entitled to call to its assistance other State representatives or specialists as necessary. h. Every two years, the board shall submit a written report on the status of organic farming in the State, including any recommendations for legislative or regulatory action, to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall also be posted on the Department of Agriculture's Internet website. i. The board shall report monthly to the State Board of Agriculture and the Department of Agriculture on any actions taken, needs of the board, achievements, and updates within the organic farming community. The board may submit quarterly reports directly to the Department of Agriculture, and the department shall respond with a follow-up response within 30 days after the submission of the quarterly report. j. As used in this section: "Regenerative farming" means farming and grazing practices that (a) prioritize soil health and ecosystem health, (b) reduce reliance on synthetic inputs, (c) reverse climate change by rebuilding soil organic matter, sequestering carbon, and restoring degraded soil biodiversity, and (d) engage in conservation practices to ensure the long-term health of the farm's ecosystem, among many benefits. "Organic trade representative" means a representative of an individual, or a not-for-profit or for-profit partnership, corporation, association, cooperative, or entity, who is legally registered and operating in the State, who engages in the business of aggregating, processing, and distributing organic fiber, feeds, and other organic agricultural-based supply and consumer products, including any commodity or product derived from organic livestock, that is marketed in the United States for human or livestock consumption, or who directly engages with, or supports and advocates for, organic and regenerative farmers in New Jersey. L.2022, c.141, s.1.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026

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