Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:8-17.17. Other unlawful acts No person within this State shall-- (a) Detach, alter, deface, or destroy any label provided for in this act or the rules and regulations made and promulgated thereunder, or alter or substitute seed in a manner that may defeat the purpose of this ac…

4:8-17.17a. Wholesale seedsmen or seed conditioner; registration a. No person shall engage in the business of a wholesale seedsman or seed conditioner unless the person is registered with the State Board of Agriculture in accordance with this section. b. A person engaged in the b…

4:8-17.18. Records and samples Each person whose name appears on the label as handling agricultural, vegetable, flower, tree or shrub seeds subject to this act shall keep for a period of two years complete records of each lot of seed handled and keep for one year a file sample of…

4:8-17.19. Applicability of sections 4:8-17.15 to 4:8-17.17 The provisions of sections 3, 4 and 5 of this act shall not apply to: (a) Seed or grain not intended for sowing purposes; (b) Seed in storage in, or being transported or consigned to, a cleaning or processing establishme…

4:8-17.19a. Inapplicability of act to seeds sold directly by grower No provision of the New Jersey State Seed Law (Revision of 1963, P.L.1963, c. 29 (C. 4:8-17.13 et seq.) shall apply to seeds produced by a farmer on his own premises and sold by him directly to the consumer, prov…

4:8-17.20. Precautions to insure correct identity It shall not constitute a violation of this act for any person to have sold or offered or exposed for sale agricultural, vegetable, flower, tree or shrub seed, which was incorrectly labeled or represented as to kind, variety, type…

4:8-17.21. State seed analyst; agents The State Board of Agriculture shall appoint a State Seed Analyst and such other agents as may be deemed necessary to carry out the provisions of this act. L.1963, c. 29, s. 9. Amended by L.1968, c. 198, s. 3, eff. July 19, 1968.

4:8-17.22. Enforcement of act; sample, inspection and analysis of seeds The duty of enforcing this act and carrying out its provisions and requirements is vested in the State Seed Analyst, who, together with his authorized agents shall sample, inspect, make analysis of, and test …

4:8-17.23. Rules and regulations; formulation The State Board is authorized and directed to formulate and prescribe rules and regulations necessary and appropriate for the administration of this act. Notice of the time and place of a public hearing upon any proposed rule or regul…

4:8-17.24. Subject matter of rules and regulations The State board may by rule or regulation prescribe and establish: (a) The method or methods of sampling, inspecting, analyzing, testing, and examining seed, and the tolerances to be followed in the administration of this act, wh…

4:8-17.25. Examination and analysis of samples for public Any citizen of the State of New Jersey may in accordance with procedures prescribed by the State Seed Analyst, and by prepaying transportation charges and payment of the prescribed fee, send a sample or samples of seeds fo…

4:8-17.26. Right of entry by state seed analyst; "stop sale" orders; testing facilities; purity and germination tests The State Seed Analyst individually or through his authorized agents, is authorized to: (a) Enter upon any public or private premises during regular business hour…

4:8-17.27. Seizure of seeds; condemnation; disposition Any lot of seed not in compliance with the provisions of this act shall be subject to seizure by the State on complaint of the State Seed Analyst to a court of competent jurisdiction. In the event the court finds the seed to …

4:8-17.28. Injunction against violations When in the performance of his duties the State Seed Analyst in the name of the State applies to any court for temporary or injunctive relief restraining any person from violating or continuing to violate any of the provisions of this act …

4:8-17.29. Violations; penalties; prosecutions; hearings; injunctions a. A person who violates any of the provisions of this act or any order, rule or regulation made by the State Board of Agriculture under this act or who prevents or hinders a representative of the Department of…

4:8-17.30. Funds Funds for the maintenance of a seed testing laboratory, staff and the administration of this act shall be included in annual appropriations to the Department of Agriculture. L.1963, c. 29, s. 18. Amended by L.1968, c. 198, s. 7, eff. July 19, 1968.

4:8-17.31. Repeal The "New Jersey State Seed Law," being chapter 189 of the laws of 1948 is repealed. L.1963, c. 29, s. 19.

4:8-17.32. Short title This act shall be known and may be cited as the New Jersey State Seed Law (Revision of 1963). L.1963, c. 29, s. 20.

4:8-28. Definitions As used in this act: a. "Apple tree" means any commercially accepted or advertised variety of Malus domestica Borkh budded to a seedling or dwarfing rootstock where one graft union is formed or budded to an interstem dwarfing rootstock combination where two gr…

4:8-29. Seller liability a. Any seller of apple trees to a commercial grower is liable for the trueness to variety, rootstock, or interstem for a period of eight years following the date of delivery to the grower. b. Any seller of peach trees to a commercial grower is liable for …

4:8-30. Civil action for violation Any commercial grower may bring a civil action in law or equity on the grower's own behalf against a seller for a violation of any provision of this act. The Superior Court has jurisdiction of this action. The court, upon finding a violation of …