Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:9-15.13 Labeling of specialty fertilizer. 13. a. A specialty fertilizer must be labeled as provided in section 10 of P.L.1970, c.66 (C.4:9-15.10), and additional items may be required by regulation. b. The container for a specialty fertilizer intended for use on turf must inclu…

4:9-15.13a Prohibited sales of fertilizer; definitions. 11. a. No person may sell at retail specialty fertilizer which contains more than 0.7 pounds of water-soluble nitrogen or more than 0.9 pounds of total nitrogen per 1,000 square feet at least 20 percent of which shall consis…

4:9-15.14. Labeling of soil conditioner Any soil conditioner distributed in this State in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (a) The net weight or other measure presc…

4:9-15.15. Bulk soil conditioners; statement of information For each kind of soil conditioner distributed in bulk in this State, a written or printed statement of the information required by section 14 of this act shall accompany each delivery and be supplied to the customer at t…

4:9-15.16 Inspection fee 16. Each licensee shall pay to the Department of Agriculture for all commercial fertilizers and soil conditioners distributed in this State an inspection fee at the rate of $0.30 per ton on all tonnage in excess of 10 tons per semiannual statement. Fees s…

4:9-15.17. Tonnage reports Every person who distributes a commercial fertilizer or soil conditioner in this State shall file with the State Department of Agriculture, on a form furnished by the State Chemist, semiannual reports for the periods ending December 31 and June 30, sett…

4:9-15.18. Comprehensive system of reporting; regulations When the State board, after public hearing following due notice, finds it desirable to obtain or disseminate more detailed distribution statistics, it may by regulation prescribe a more comprehensive system of reporting. L…

4:9-15.19. Failure to file tonnage report or pay inspection fee; assessment If a licensee fails to file a tonnage report and to pay the inspection fee within 60 days after the end of the semiannual period, a collection fee of 10% of the amount due, but not less than $10.00 in any…

4:9-15.2. Administration of act This act shall be administered by the New Jersey Department of Agriculture. L.1970, c. 66, s. 2.

4:9-15.20. Sales to intermediate distributors; filing of report and payment of fee When the distribution of a commercial fertilizer or soil conditioner involves sales or distribution to one or more intermediate distributors before sale or distribution to the consumer, the person …

4:9-15.21. Sampling and analysis by Department of Agriculture It shall be the duty of the Department of Agriculture to sample, inspect, make analyses of, and test commercial fertilizers and soil conditioners distributed within this State at such time and place and to such an exte…

4:9-15.22. Method of analysis and sampling The methods of analysis and sampling utilized under section 21 of this act shall be adopted by the State Board of Agriculture on the basis of authoritative sources such as publications of the Association of Official Analytical Chemists. …

4:9-15.23. Determination of violations The Department of Agriculture, in determining for administrative purposes whether any commercial fertilizer or soil conditioner is in violation of this act, shall base such determination solely upon official samples as defined in subsection …

4:9-15.24. Deficiency; forwarding analysis report to licensee The results of an analysis of a sample of any commercial fertilizer or soil conditioner which indicates a deficiency shall be forwarded promptly by the State Chemist to the licensee. Upon request and within 15 days of …

4:9-15.25 Deficiency in primary plant nutrients; penalties 25. If an official analysis shows that a commercial fertilizer is deficient in one or more of its guaranteed primary plant nutrients (nitrogen, available phosphoric acid, and soluble potash) beyond the investigational all…

4:9-15.26. Determination and publication of value of primary plant nutrients For the purpose of determining the commercial values to be applied under section 25 of this act, the State Board of Agriculture shall determine and publish annually the values per pound of nitrogen, incl…

4:9-15.27. Payment of penalties All penalties assessed under section 25 of this act shall be paid to the purchaser, or to a consumer who thereafter received possession of the lot represented by the sample analyzed, within 60 days after the date of notice from the State Chemist to…

4:9-15.28. Judicial relief Nothing contained in this act shall prevent any person from appealing to a court of competent jurisdiction for relief from an assessment imposed under section 25 of this act. L.1970, c. 66, s. 28.

4:9-15.29. Deficiency; penalty prescribed by regulation If an official report of a sample analysis shows that a commercial fertilizer or soil conditioner is deficient beyond the investigational allowance as established by regulation in any constituents guaranteed pursuant to para…

4:9-15.3 Definitions. 3. As used in this act: (a) "Commercial fertilizer" means a fertilizer material, mixed fertilizer or any other substance containing one or more recognized plant nutrients which is used for its plant nutrient content, which is designed for use or claimed to h…

4:9-15.30. Misbranding No person shall distribute a misbranded product. A commercial fertilizer or soil conditioner shall be deemed to be misbranded: (a) If its labeling is false or misleading in any particular. (b) If it is distributed under the name of another product. (c) If i…

4:9-15.31. Adulterated products; prohibition against distribution No person shall distribute an adulterated product. A commercial fertilizer or soil conditioner shall be deemed to be adulterated: (a) If it contains any deleterious or harmful ingredient in sufficient amount to ren…

4:9-15.32. Publication of information concerning distribution of fertilizers and soil conditioners and results of analyses The State Board of Agriculture shall publish in such form and as it may deem proper: (a) At least once every 6 months, information concerning the distributio…

4:9-15.33. Rules and regulations The State Board of Agriculture, after public hearing and due notice, in accordance with the Administrative Procedure Act (P.L.1968, c. 410, C. 52:14B-1 et seq.), may adopt such rules and regulations as it deems necessary to carry into effect the f…

4:9-15.33a. Fertilizer regulation The department may adopt rules and regulations it may deem appropriate concerning the preparation, processing or distribution of seafood wastes to be used to fertilize or otherwise improve the chemical or physical characteristics of soil. L. 1986…

4:9-15.33b. Cooperation encouraged The department may cooperate with any State or federal agency or any private organization to effectuate the purposes of this act. L. 1986, c. 80, s. 2, eff. Aug. 6, 1986.

4:9-15.34. Revocation, suspension or refusal of license The State Board of Agriculture may revoke, suspend, or refuse to renew the license of any licensee or refuse to issue a license to a person under this act upon finding that the licensee or applicant has violated any provisio…

4:9-15.35. Stop sale, use, or removal order The State Board of Agriculture may issue and enforce a written "stop sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer or soil conditioner, or material purported to be commercial fertilizer or so…

4:9-15.36. Seizure and disposal of deficient products Any lot of commercial fertilizer or soil conditioner which is in violation of this act shall be subject to seizure on complaint of the State Board of Agriculture to a court of competent jurisdiction in the area in which said p…

4:9-15.37. Injunction Any violation or threatened violation of any provision of this act or of any rule or regulation adopted thereunder may be restrained by the Superior Court in an action brought for such purpose by the Attorney General on behalf of the State Board of Agricultu…

4:9-15.38. Violations; penalties 38. Any person convicted of violating any provision of this act or of any rule or regulation adopted thereunder other than a violation involving a plant nutrient deficiency shall be subject to a penalty of not less than $25.00 nor more than $100.0…

4:9-15.39. Hearings 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 v…

4:9-15.4. Adoption of definitions by regulations The State Board of Agriculture may adopt additional definitions by regulations in accordance with section 33 of this act. Definitions of ingredients adopted by regulation shall be derived from authoritative publications and sources…

4:9-15.40. Minor violations; warnings Nothing in this act shall be construed as requiring the State Chemist or the Department of Agriculture to report a minor violation for prosecution or seizure proceedings when the State Chemist determines that the public interests will best be…

4:9-15.41. Exempt transactions Nothing in this act shall be construed to apply to sales or exchanges of commercial fertilizer or soil conditioners between importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted sh…

4:9-15.42. Severability If any provision of this act, or any application of any provision, is held invalid, the invalidity shall not affect other applications of the provision, or other provisions of the act, which reasonably can be given effect despite the invalidity. To this en…

4:9-15.43 Record of sales of restricted commercial fertilizer. 2. a. Every manufacturer or distributor of a restricted commercial fertilizer shall record, on forms provided by the secretary, the number of a valid State or federal driver's license bearing a photograph, or other pi…

4:9-15.44 Report of suspect purchase, theft, loss by distributors. 3. A distributor of restricted commercial fertilizer shall immediately report any suspect purchase pattern, theft or loss of inventory of a restricted commercial fertilizer to the appropriate law enforcement agenc…

4:9-15.45 Immunity for refusal to sell, report of suspect purchases, certain circumstances. 4. Notwithstanding any provision of law to the contrary, any person who refuses to sell a restricted commercial fertilizer to any person, or any person who reports information to a law enf…

4:9-15.5. Necessity of license Every person who owns or operates a manufacturing facility in this State or under whose name commercial fertilizers or soil conditioners are distributed in this State shall obtain a license to manufacture or distribute such products. L.1970, c. 66, …

4:9-15.6 License fee 6. The minimum annual license fee for a manufacturer or distributor shall be $250.00. In the case of each person who owns or operates more than one manufacturing facility within this State there shall be an additional annual license fee of $250.00 for each su…

4:9-15.7. Application; issuance; expiration Applications for licenses shall be submitted to the State Chemist on forms furnished by his office and shall be accompanied by the appropriate fee. Upon approval by the State Board of Agriculture, a license shall be issued to the applic…

4:9-15.8. Specialty fertilizers; furnishing of label on application for license A person applying for a license to distribute specialty fertilizers shall, at the time of submitting his application, furnish the State Chemist with a label or facsimile thereof for each brand and gra…

4:9-15.8a Requirements for specialty fertilizer; definitions. 10. Any specialty fertilizer labeled for use on turf and intended for use by consumers shall: a. Contain no more than 0.7 pounds of water-soluble nitrogen and no more than 0.9 pounds of total nitrogen at least 20 perce…

4:9-15.9. Soil conditioners; furnishing of label on application for license A person applying for a license to manufacture or distribute soil conditioners shall, at the time of submitting his application, furnish the State Chemist with a label or facsimile thereof for each soil c…

4:9-21.1. Short title This act shall be known and may be cited as "The New Jersey Agricultural Liming Materials Act." L.1968, c. 392, s. 1.