Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

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 …

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 …

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 the…

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, …

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 hol…

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 o…

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 …

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 a…

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…

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.

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.

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 a…

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 …

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 provis…

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 p…

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 …

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…

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. Up…

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 b…

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 rec…

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 fro…

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 …

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…

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…

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 refe…

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. 3…

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 thi…

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.

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 sal…

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 …

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 news…

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.

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 …

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 commodit…

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 contributio…

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 comm…

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. Mo…

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 c…

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 Federa…

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, …

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…

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 om…

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 acc…

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 separat…

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…

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 la…