Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:5-1. Declaring epidemic; quarantine; serums; other preventive measures The State Board of Agriculture may: a. Determine the existence of contagious and infectious diseases in animals or poultry and declare the same to be epidemic; b. Establish and enforce general or local quara…

4:5-10. Appraisement of and compensation for animals slaughtered When animals are slaughtered or otherwise disposed of as directed in section 4:5-9 of this Title, the value of the same may, at the request of the department or any person interested, be ascertained and appraised by…

4:5-100. Transportation of infected or exposed poultry or containers No live poultry affected with or directly exposed to European fowl pest or any other contagious, infectious or communicable disease of poultry, and no carcass or carcasses of such poultry which have died from an…

4:5-101. Removal of exposed poultry for slaughter Live poultry found upon inspection to be exposed to European fowl pest or any other contagious, infectious or communicable disease of poultry may be moved for immediate slaughter under a permit from the chief of the bureau, to suc…

4:5-102. Disinfecting poultry houses and premises All premises upon which poultry is found affected with or directly exposed to European fowl pest or any other contagious, infectious or communicable disease of poultry, including poultry houses, crates, coops, containers, troughs,…

4:5-103. Disposition of dead or diseased poultry The owner of such premises must provide for the proper disposition of all dead or diseased poultry under the supervision or direction of a representative of the bureau or its authorized agent.

4:5-104. Co-operation with federal agencies The department may co-operate with the bureau of animal industry of the United States department of agriculture in any general national system which may be adopted by such bureau for the prevention of the spread of European fowl pest or…

4:5-105. Rules and regulations The department may make such rules and regulations as may be necessary for the proper enforcement of the provisions of this article.

4:5-106. Penalty for violating article A person who shall violate the provisions of this article shall for a first offense be liable to a penalty of not less than one hundred nor more than two hundred dollars, and shall for each subsequent offense be liable to a penalty of two hu…

4:5-106.1. Definitions As used in this act: "Department" means the New Jersey Department of Agriculture. "Board" means the New Jersey State Board of Agriculture. "Secretary" means the New Jersey Secretary of Agriculture. "Person" means the State, any municipality, political subdi…

4:5-106.10. Impeding or preventing inspections No authorized representative of the department shall be impeded or prevented from entering any garbage-feeding hog farm or any part of any building, or any part of the premises for the purpose of making inspections of the premises an…

4:5-106.11. Frequency of inspections The department shall send an authorized representative to inspect the buildings and premises of each licensee as often as it deems necessary and at least once during each license year. L.1957, c. 140, p. 536, s. 11.

4:5-106.12. Examination of records Any authorized representative of the department may examine such records as are required, on forms supplied by the department, pertaining to the operation of a garbage-feeding hog farm. Copies of such records shall be submitted to the department…

4:5-106.13. Violations; issuance, restoration, revocation or suspension of licenses; hearings The department shall have power to refuse to issue or restore, and to revoke or suspend the license of any person upon due hearing, on proof of violation of any provision of this act or …

4:5-106.14. Penalties Any person who violates any of the provisions of this act or any order, rule or regulation made by the board under this act, shall be liable to a penalty of not more than $100.00 and for the second and each subsequent offense to a penalty of not more than $2…

4:5-106.15. Jurisdiction 15. Jurisdiction of proceedings to collect penalties collectible under the provisions of this act is vested in the Superior Court and the municipal court in any municipality where the defendant may be apprehended or where he may reside. Process shall be e…

4:5-106.16. Imprisonment upon failure to pay judgment If judgment is rendered for the plaintiff the court shall cause a defendant who shall fail to pay forthwith the amount of the judgment rendered against him, and all costs and charges incident thereto, to be committed to the co…

4:5-106.17. Committee representing swine industry The board shall appoint a committee of 5 representatives of the swine industry of the State, 1 of whom shall be a producer of grain-fed swine, and 4 of whom shall be feeders of cooked or treated garbage. The members of this commit…

4:5-106.18. Effective date of license No license to operate a garbage-feeding hog farm shall be required in order to operate such a farm prior to January 1, 1958. On and after January 1, 1958, it shall be unlawful for any person to operate a garbage-feeding hog farm in this State…

4:5-106.19. Municipal regulations Nothing herein contained shall preclude municipal regulation of garbage-feeding hog farms, provided such municipal control is consistent with, and in furtherance of, the provisions of this act; nor shall anything herein contained prevent the adop…

4:5-106.2. Rules and regulations The board may adopt and promulgate such rules and regulations as it may deem necessary in carrying out the provisions of this act in order to prevent the spread of disease among domestic animals. L.1957, c. 140, p. 533, s. 2.

4:5-106.20. Effective date This act shall take effect December 1, 1957. L.1957, c. 140, p. 538, s. 20.

4:5-106.3. Duties of Department of Agriculture It shall be the duty of the department to: a. License garbage-feeding hog farms as prescribed in this act; b. Carry on a program which will demonstrate swine disease control practices and measures for the control and eradication of c…

4:5-106.4. Licenses; exceptions No person shall operate or conduct a garbage-feeding hog farm as defined in section 1 of this act unless licensed as provided in this act, but this act shall not apply to any person who feeds exclusively his own household garbage to swine which are…

4:5-106.5. Treatment of garbage No license shall be issued by the department to conduct a garbage-feeding hog farm, nor shall any place be used for that purpose, unless the department is satisfied that all rules and regulations of the board will be complied with, and that all gar…

4:5-106.6. Transfer of licenses No license issued under this act shall be transferable by the licensee, and each license shall apply to only one place of business which shall be specified in the license. Any licensee operating more than 1 such place of business shall obtain a sep…

4:5-106.7. Application for license; fee; expiration date Every applicant for a license to operate a garbage-feeding hog farm shall file his application with the department upon forms provided by the department which shall contain such information as the department shall require. …

4:5-106.8. Issuance of license; investigation Upon receiving an application for such license, the department shall send an authorized representative to inspect the premises where the applicant desires to conduct a garbage-feeding hog farm, and subject to approval of the buildings…

4:5-106.9. Notification of reasons for refusal to grant license If the authorized representative of the department finds that such premises cannot be approved for a license upon inspection, he shall notify the applicant wherein the same fail to comply. If, within a reasonable tim…

4:5-107. Definitions As used in this article: "Division" means the Division of Animal Health. "Department" means the Department of Agriculture. "Board" means the State Board of Agriculture. Amended by L.1950, c. 293, p. 994, s. 11; L.1967, c. 175, s. 10, eff. July 25, 1967.

4:5-108. License for sale or distribution No person shall sell, give away or distribute to a person within the State any tuberculin, mallein, serum, virus, vaccine, bacterin or analogous product for diagnostic or therapeutic purposes for animals without a license or written permi…

4:5-109. Rules and regulations; revocation of license The director of the division may make rules and regulations for the enforcement of this article and failure to comply with the same shall be sufficient cause for him to revoke the license granted or permission given. Amended b…

4:5-11. Disposal of dead or slaughtered animals; disposal for food a misdemeanor When, by reason of the locality of an infected animal or herd within a city, or by reason of frozen ground or extreme heat, it is, in the judgment of the department of agriculture, inexpedient or imp…

4:5-110. Permission to administer disease-producing substance No person shall inject or otherwise administer to any domestic animal any virus or other disease-producing substance, or substance containing pathogenic or disease-producing germs of a kind that is virulent for domesti…

4:5-111. Report of each sale and injection of tuberculin or mallein Each sale, donation or distribution of tuberculin or mallein and each injection or test made with tuberculin or mallein within this State shall be reported in writing to the director of the division within seven …

4:5-112. Penalty A person who shall violate any of the provisions of this article shall be liable to a penalty of one hundred dollars ($100.00) for each offense to be sued for and recovered in a civil action by and in the name of the department. Amended by L.1953, c. 5, p. 28, s.…

4:5-12. Post-mortem examination of dead or slaughtered animals If, between October first and May first of any year, a veterinarian who has been regularly graduated in veterinary medicine, desires to make a post-mortem examination of an animal he has attended or at the request of …

4:5-13. Authority of department When a county, city, township or district is threatened with a contagious or infectious disease among animals, or poultry, to such an extent as to seem to require more general precautions, the department of agriculture may for such time as it shall…

4:5-14. Posting and publication of notice The department shall cause public notice of the quarantine and prohibition to be posted in five or more conspicuous places within the county, city, township or district and published in one or more newspapers circulating therein.

4:5-15. Co-operation with federal bureau The department may co-operate with the bureau of animal industry of the United States in any measures deemed necessary to eradicate or prevent the spread of any such contagious or infectious disease.

4:5-16. Transportation of animals within, into or from quarantined area When a county, city, township, district, animal, herd of animals or poultry is quarantined pursuant to this article and public notice thereof is given as provided in section 4:5-14 of this title, no owner, ke…

4:5-17. Penalty A person who shall violate any of the provisions of section 4:5-16 of this title shall for a first offense be liable to a penalty of not less than one hundred nor more than two hundred dollars, and shall for each subsequent offense be liable to a penalty of two hu…

4:5-18. Terms defined As used in this article: "Auction market" is an establishment regularly engaged in the sale by auction of live stock for dairy, breeding or slaughtering purposes. "Department" means the Department of Agriculture. "General quarantine" includes all quarantines…

4:5-19. Tests at instance of department of agriculture, health department or owner Whenever the Department of Agriculture deems it advisable, or when the Department of Health or the owner of dairy or breeding animals shall request the Department of Agriculture to cause an inspect…

4:5-2. Diseases not specifically designated All powers and duties conferred upon the board with reference to a specific contagious or infectious disease of animals or poultry, the board shall have and perform with reference to any other such disease not specifically referred to i…

4:5-2.1. Rules, regulations relative to certain fees for animal health programs 1. a. The State Board of Agriculture may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing a schedule in accordance with w…