Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:7-13. Right of entry to inspect; interference with inspectors To make the inspections, investigations and examinations provided for in this article and to enforce the provisions of the same, the inspectors and agents of the department may enter upon lands open or inclosed, upon…

4:7-14. Penalty for violation, recovery 4:7-14. A person who shall violate any of the provisions of this article shall be subject to a penalty of fifty dollars ($50.00) for each sale, shipment or delivery in violation of this article or for each failure to obey the order or direc…

4:7-14.1. Disease public nuisance The Dutch elm disease (Graphium ulmi, Schwarz) is hereby declared a public nuisance, and the protection of the susceptible host plants (elm species) is deemed to be a subject of public welfare. L.1935,c.56,s.1.

4:7-14.2. Control by state board of agriculture The state board of agriculture, hereinafter in this article referred to as the "board" , may issue orders pertaining to the control, eradication and prevention of the Dutch elm disease and issue regulations and orders for the destru…

4:7-14.3. Right of entry Duly authorized representatives of the board may enter upon any lands or premises, public or private, within the state for the purpose of making necessary inspections, for the removal of condemned trees, and for the disposition of the wood therefrom.

4:7-14.4. No damages awarded for destroyed property No damages shall be awarded for the destruction of infected or condemned trees nor for the wood resulting therefrom.

4:7-14.5. Co-operative agreements with other bureaus The board may enter into agreements with the United States department of agriculture or the department, bureau or other state agency of any other state in the Union, or any or all of them, for the purpose of establishing co-ord…

4:7-14.6. Penalty for violations; jail for nonpayment Any person who shall interfere with the representatives of the board while engaged in the performance of any of the duties imposed by this article or in the enforcement of any of the provisions hereof or of any of the regulati…

4:7-15. Definitions As used in sections 4:7-16 to 4:7-35 of this title: "Department" means the department of agriculture. "Nursery" includes all lands, premises and buildings upon, on or in which plants, trees, shrubs or vines of any kind, whether for fruit, shade or ornament, ar…

4:7-16. Plants infested with insects likely to spread, as nuisance All growers of or dealers in plants of any kind, upon their own or upon leased lands or premises, shall free and keep freed all plants, shrubs, trees, vines, cuttings, cions, buds, stocks or other plant parts grow…

4:7-17. Ordering nuisances abated Whenever complaint is made to the department that a person is maintaining a nuisance as defined in section 4:7-16 of this title, the department shall investigate the truth of the charge, or cause the same to be investigated, as soon as convenient…

4:7-18. Penalty for failure to obey order 4:7-18. A person who shall fail to obey an order of the department made and served as prescribed in R.S.4:7-17, within the time therein specified, shall be liable to a penalty of fifty dollars ($50.00) to be sued for and recovered by and …

4:7-19. Ordering destruction of plants If the order of the department, made and served as prescribed in section 4:7-17 of this title, commanded the destruction of any trees, shrubs, plants or nursery stock, the judgment of the court imposing the penalty shall include an order to …

4:7-2. Diseases and insects not designated in statutes All powers and duties conferred upon the board with reference to any specific dangerous plant disease or to any specific dangerously injurious insect, the board shall have and perform with reference to any other such disease …

4:7-21. Inspection of nurseries; fee The department shall examine and inspect, or cause to be examined and inspected, at least once in each year, at such time or times as it may determine, with or without notice to the nurseryman, all nurseries or establishments of all dealers in…

4:7-22. Certificate of inspection After any nursery has been inspected, the nurseryman may demand of the department a certificate stating the condition of the stock on the inspected premises, and the department shall issue a certificate in accordance with the facts found. If the …

4:7-23. Treatment and reinspection where inspection shows infestation If the inspection shows the presence of dangerously injurious insects or such as are likely to become so, the department shall require the nurseryman to destroy the infested stock and to treat that exposed to i…

4:7-24. Inspection as a prerequisite to sales, penalty 4:7-24. No nurseryman within the State shall sell or offer for sale any nursery stock or shall deliver the same within the State until it has been inspected by the department and until a certificate has been issued to him in …

4:7-25. Attaching certificate to goods delivered or shipped Every nurseryman growing stock within this State, and every dealer in nursery stock, shall attach to every car, box, bale or parcel of stock sent out or delivered by him, a written or printed copy of the certificate issu…

4:7-26. Misuse of certificate, penalty 4:7-26. Any nurseryman to whom a certificate has been issued, who shall: a. Use the same on stock not actually inspected; or b. In any way fail to comply with the conditions upon which the certificate was issued or the requirements of sectio…

4:7-29. Shipment by nurseryman under certificate of stock grown elsewhere A nurseryman or dealer may, under the certificate issued to him, ship nursery stock grown for him elsewhere or purchased by him from other states or countries, if such stock was received under a certificate…

4:7-3. Penalty for violating orders of board A person who shall violate or fail to comply with an order of the board, or its constituted agent, made pursuant to sections 4:7-1 and 4:7-2 of this title, shall be liable to a penalty of not less than fifty nor more than one hundred d…

4:7-30. Certificate of inspection to accompany nursery stock shipped in All nursery stock shipped into this state from any foreign state or country must be accompanied by a certificate, dated not more than six months prior to the date of the shipment, or by a written or printed c…

4:7-31. Inspection of nursery stock entering state; disposition of infested stock The department may inspect nursery stock entering this State that might be capable of disseminating or carrying injurious insects. If, upon inspection, any such stock is found to be infested, it may…

4:7-32. Nursery stock shipped in unaccompanied by certificate A car, box, bale or parcel of nursery stock shipped into this state unaccompanied by a certificate as required by section 4:7-30 of this title, may be seized and detained by the department wherever found, whether in th…

4:7-33. Carriers to refuse transportation, penalty 4:7-33. Every carrier for hire maintaining offices or stations within this State for the receipt of nursery stock for transportation to points within or without the State, and the agents and servants of every such carrier, shall …

4:7-34. Inspection of fruit bearing trees or plants at request of grower A farmer, horticulturist or other grower of fruits within this state may request an examination of his trees or other fruit bearing plants, to determine whether or not they are infested by any dangerously in…

4:7-35. Right to enter premises for inspection; interference or obstruction For the purpose of making the inspections, examinations and investigations specified in sections 4:7-15 to 4:7-34 of this title, and to enforce the provisions of the same, the department by its authorized…

4:7-36. Declared a nuisance The gipsy moth (Porthetria dispar L.) is hereby declared to be a public nuisance and the protection of vegetation or plant life therefrom is deemed to be a subject matter of public welfare.

4:7-37. Inspection of lands and premises At such times as the department of agriculture, hereinafter referred to as the "department" , may deem necessary, its officers or agents may enter and inspect any public or private lands and premises within this state to ascertain whether …

4:7-38. Measures to abate nuisance Whenever, as a result of inspection as provided in section 4:7-37 of this title, the department shall find evidence of the gipsy moth or its preliminary stages, it shall have recourse to such recognized measures as it may deem advisable to abate…

4:7-39. Notice of proposed action Before entering any lands and premises and starting the work of abating and suppressing the gipsy moth in its preliminary stages and protecting surrounding vegetation or plant life therefrom, the department shall cause a notice to be given to the…

4:7-4. "Department" defined As used in this article the word "department" means the department of agriculture.

4:7-40. Right of entry to abate nuisance On the day stated in the notice of the department or on any subsequent day or days convenient to it, the officers or agents of the department may enter the lands and premises, and there use such recognized measures as the department may de…

4:7-41. Tenant to notify landlord; penalty Every tenant in possession of lands and premises on whom the aforesaid notice is served by the department shall forthwith give notice thereof to his landlord, or the agent of his landlord, and in default of so doing he shall be liable to…

4:7-42. Interference with officers; penalty A person who shall interfere with the officers or agents of the department while they are engaged in the performance of any of the duties imposed by sections 4:7-36 to 4:7-41 of this Title, shall be deemed a disorderly person, and shall…

4:7-43. Disposal of cornstalks, corn stubble and weeds in infested areas Whenever the state board of agriculture shall find that the European corn borer exists in any political subdivision of this state, it may, in any political subdivision or part thereof which is infested: a. O…

4:7-44. Penalty for violations; jail for nonpayment A person who shall violate any of the provisions of section 4:7-43 of this Title shall be liable to a penalty of fifty dollars ($50.00) for the first offense and one hundred dollars ($100.00) for the second and each subsequent o…

4:7-5. Importation or distribution of infested plants No person shall import into the state or distribute by sale, gift or otherwise within the state, any plant material, cuttings, seeds, bulbs, tubers, trees, shrubs or vines known to be infested with any disease which by transmi…

4:7-54. Permitting Canada thistle to ripen; penalty A person owning, possessing or having charge of lands in this State, whether improved or unimproved, inclosed or uninclosed, who shall knowingly permit any Canada thistle to stand thereon until its seeds ripen, shall be liable t…

4:7-55. Bringing into state hay or seeds containing Canada thistle; misdemeanor A person who shall knowingly and willfully bring into this state a bale of hay containing Canada thistle, or seeds of the same, or any grass or grain seeds with which the seeds of Canada thistle are m…

4:7-56. Selling manure containing Canada thistle; misdemeanor A person who shall knowingly and willfully sell any manure containing any Canada thistle, or seeds of the same, shall be guilty of a misdemeanor and shall be liable to the fine and imprisonment as provided in section 4…

4:7-6. Keeping or distribution of plant material after notice of infestation The keeping or maintenance, sale, gift or distribution of any plant material, cuttings, seeds, bulbs, tubers, trees, shrubs or vines after notice of such infestation is hereby declared to be a nuisance s…

4:7-7. Examination of nurseries and other establishments The department shall examine as often as may be necessary all nurseries and other establishments or places within the state where plants are grown for sale, or from which plant material of any kind is distributed, to determ…

4:7-8. Treatment or destruction of diseased or suspected plants; prohibiting shipment If upon examination as provided in section 4:7-7 of this title, the department shall find evidence of the presence of any disease dangerous to plants commonly grown within the state it shall at …

4:7-9. Notices and orders by department and service thereof All notices, orders or directions issued by the department in connection with this article shall be in writing, supplemented by such printed matter as may be needed to explain the written orders. They shall be served per…