N.J. Stat. tit. 4, ch. 8B

in effect

N.J. Stat. § 4:8B-1 Definitions

When used in this act, unless the context clearly indicates otherwise: (a) "Act" means this act and the rules and regulations adopted hereunder. (b) "Commissioner" means the State Commissioner of Health. (c) "Distribute" means to offer for sale, to barter, exchange or otherwise to supply grain. (d) "Distributor" means any person who sells or distributes grain. (e) "Director" means the Director of the New Jersey Agricultural Experiment Station. (f) "Grain" means whole seeds or entire grains or any altered form thereof of field peas, field beans, soybeans or other large seeded legumes, or corn, wheat, rye, barley, oats, sorghum, or any other large seeded cereals. (g) "State Seed Analyst" means the seed analyst of the New Jersey Agricultural Experiment Station. (h) "Treated" means that the grain has received an application of a substance or process designed to control, or repel certain insects or disease organisms or other pests attacking such grain or seedlings grown therefrom, or has received some other treatment to improve its planting value. L.1961, c. 125, p. 746, s. 1.

N.J. Stat. § 4:8B-2 Prohibition against sale or distribution of treated grain other than for seeding unless dyed or colored

No distributor shall sell or distribute or have in his possession with intent to sell or distribute for food or feed purposes any treated grain in bulk or package or any grain in bulk or package in which treated grain has been co-mingled or blended which he knows or has reason to know contains any poisonous or deleterious substance in quantity which may render it injurious to the health of man or animal and such treated grain shall not be sold or distributed for any purpose, other than for seeding, unless it is colored or dyed a color contrasting with its natural color so as to make such grain readily identifiable as treated grain. A distributor of any treated grain which is sold or distributed for a purpose other than seeding shall comply with all provisions of this act. L.1961, c. 125, p. 747, s. 2.

N.J. Stat. § 4:8B-3 Statement of treatment

A distributor of any treated grain which is sold or distributed for a purpose other than seeding shall deliver or have delivered to the purchaser or other transferee at the time of the sale or transfer thereof a written statement setting forth the specific treatment, known by him to have been applied to the grain and the quantity of such grain delivered. Such statement shall also be made a part of the invoice or bill of lading covering such sale or transfer. The distributor shall deliver or have delivered to the State Seed Analyst within 7 days of such sale or transfer 2 copies of such statement together with the name and address of the distributor and the purchaser or other transferees. The State Seed Analyst shall forward forthwith 1 copy of such statement to the commissioner. L.1961, c. 125, p. 747, s. 3.

N.J. Stat. § 4:8B-4 Rules and regulations

In order to protect the health and welfare of the public, the director shall adopt and promulgate rules and regulations: (a) To establish standards for the treatment of grain and tolerances within which such treated grain shall be usable for food or feed; (b) To establish standards and specifications for the adequate coloring of treated grain to insure such grain will be readily ascertainable as such on inspection. To the extent feasible and to the extent compatible with relevant local conditions, the director may adopt such rules and regulations in substantial conformity with similar rules and regulations of the Federal Government. L.1961, c. 125, p. 747, s. 4.

N.J. Stat. § 4:8B-5 Stop sale order; issuance and enforcement upon violation

The State Seed Analyst, individually or through his authorized agents, shall issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of treated grain when it is found that such grain is being sold or distributed in violation of any of the provisions of this act. Such order shall continue in effect until the law has been complied with and such grain is released in writing by the State Seed Analyst or until such "stop sale" order is otherwise legally terminated, and, in either case, upon the payment of the costs and expenses incurred in connection therewith. L.1961, c. 125, p. 748, s. 5.

N.J. Stat. § 4:8B-6 Confiscation of grain sold in violation of act; jurisdiction

6. Any lot of treated grain which is sold or distributed in violation of any provision of this act may be confiscated by a summary proceeding instituted by the State Seed Analyst. The Superior Court or municipal court having jurisdiction in the municipality in which such grain is found shall have jurisdiction to hear and determine such proceeding. L.1961,c.125,s.6; amended 1991,c.91,s.165.

N.J. Stat. § 4:8B-7 Warrant

7. Upon the filing of a verified complaint the court may issue a warrant directed to the sheriff of the county or other peace officer, commanding such officer to seize and take in his possession the grain described in the complaint, and bring the same before the court which issued the warrant and to summon the person named in the warrant, and any other person who may be found in possession of the grain, to appear at the time and place therein specified. L.1961, c. 125, p. 748, s. 7; amended 2023, c.250, s.13.

N.J. Stat. § 4:8B-8 Disposition of seized grain

If upon the hearing it shall appear that the grain was sold or distributed in violation of any provision of this act, it shall be confiscated and disposed of by destruction or sale as the court may direct, but no such grain shall be sold contrary to any provision of this act. The proceeds of any sale, less the legal costs and charges, shall be paid into the State Treasury. L.1961, c. 125, p. 749, s. 8.

N.J. Stat. § 4:8B-9 Sale of seized grain; bond

In case the grain seized is of such a character that it may be sold or distributed in compliance with this act, upon the recommendation of the State Seed Analyst, the court may order such grain delivered to the owner upon the payment of the costs of the proceeding and the execution and delivery to the State Seed Analyst of a good and sufficient bond that such grain shall not be sold or otherwise disposed of contrary to the provisions of this or any other law of this State. L.1961, c. 125, p. 749, s. 9.

N.J. Stat. § 4:8B-10 Violation; penalty

Any person who violates any provision of this act is a disorderly person and upon conviction as such shall be fined not less than $500.00 nor more than $1,000.00, or be imprisoned for not less than 30 days nor more than 1 year, or both. L.1961, c. 125, p. 749, s. 10.

N.J. Stat. § 4:8B-11 Act not to limit powers of State Department of Health or State Commissioner of Health

Nothing contained herein shall in any way be construed to alter, limit or repeal any of the functions, powers and duties of the State Department of Health or the State Commissioner of Health, as otherwise provided by law. L.1961, c. 125, p. 749, s. 11.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026