Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:5-93.51. Repealer Section 11 of the act to which this act is a supplement (P.L.1946, c. 257) is hereby repealed. L.1956, c. 104, p. 480, s. 4.

4:5-94. Definitions As used in this article: "Division" means the Division of Animal Health. "Department" means the Department of Agriculture. "European fowl pest" means the contagious disease known by that name. "Poultry" includes, chickens, roosters, capons, hens, ducks, geese,…

4:5-95. Quarantine of receiving points or stations The department may, in its discretion, establish quarantines of receiving points or stations.

4:5-96. Proper facilities at receiving points, stations or other premises Proper facilities must be provided by the owner of all receiving points or stations, slaughtering and distributing points or other premises where live poultry is kept for any purpose, for the handling of he…

4:5-97. Sanitary condition at receiving points The receiving point or station, including the equipment thereof, and in addition all cars, trucks, wagons or other vehicles, coops, crates, batteries and other containers, used at any time in the handling of live poultry, must be kep…

4:5-98. Receiving points, stations or other premises subject to regulations All receiving points or stations, slaughtering and distributing points or other premises where live poultry is kept for any purpose, shall be subject to such rules and regulations of the department as may…

4:5-99. Importation 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 carcasses of poultry which have died from any such disease, or t…

4:5A-20. Definitions a. "Department" means the Department of Agriculture. b. "Disposal plant" means a place of business or the location where the carcasses of domestic animals or meat packing house refuse are: (1) received or unloaded; (2) processed for the purpose of obtaining t…

4:5A-21. Disposal plant; license to operate or conduct; fees; rules and regulations No person shall operate or conduct a disposal plant without a license from the department. The department shall, by rule and regulation adopted in accordance with the "Administrative Procedure Act…

4:5A-22. Inspections A licensee shall, upon the presentation of official credentials by any department employee or other duly authorized representative of the Secretary of Agriculture, during ordinary business hours, permit the representative to enter his place of business and ex…

4:5A-23. Records Each licensee shall keep at his place of business a record of each place at which he obtains carcasses of domestic animals, containing location, name and address of owner, date picked up and the sequence in which carcasses are picked up from each place on each da…

4:5A-24. Hauling and transporting carcasses of animals dead from disease A licensee may haul and transport the carcasses of animals that have died from disease, in a covered vehicle, bed or tank which is watertight and is so constructed that no drippings or seepings from the carc…

4:5A-25. Penalties; enforcement 6. a. The department shall annually adopt a penalty schedule for specific violations of the provisions of this act or regulations adopted pursuant to this act. Penalties shall be set between a minimum of $100.00 to a maximum of $3,000.00 per violat…

4:5A-26. Rules and regulations The department may adopt and promulgate rules and regulations necessary in carrying out the provisions of this act to prevent the spread of disease among domestic animals. L.1983, c. 179, s. 7, eff. May 10, 1983.

4:6-1. Definitions As used in this chapter: a. "Department" means the department of agriculture. b. "Disease" unless otherwise herein limited or enlarged means the diseases known as American foulbrood or European foulbrood or other discoverable, contagious or infectious bee disea…

4:6-10. Type of hives required; seizure of other types as nuisances On and after July first, one thousand nine hundred and thirty-nine, it shall be unlawful for any person, firm or corporation to keep or to maintain honey bees in any hives other than modern, movable, frame hives …

4:6-11. Compliance with orders; powers in case of noncompliance The person upon whom the notice and order, referred to in sections 4:6-7 to 4:6-10 of this title, is served shall comply with it in all respects within the time limited in such notice and order. Upon failure to compl…

4:6-12. Keeping of infested bees; penalty No person shall have or keep in his possession or in an apiary, a colony of bees infested by the diseases known as American foulbrood or European foulbrood or by any other disease which is contagious or infectious in its nature and injuri…

4:6-13. Sale or removal of infested bees or materials; penalty No owner or other person having diseased bees or their larvae, or infested hives, combs or other appliances or utensils for keeping bees, shall expose, sell, barter or give away or permit the removal thereof until aft…

4:6-14. Shipments of queen bees without certificate attached; penalty No package or parcel containing queen bees shall be shipped or delivered from an apiary where queen bees are raised for sale without having attached to it a certificate from the department, giving the date of t…

4:6-15. Requirements respecting importation of bees or used supplies; penalty No colony or nucleus of bees or used apiary supplies coming from a state or country having apiary inspection service shall be accepted by any person or common carrier for transportation to a point withi…

4:6-16. Information as to number and location of colonies; penalty A person having one or more colonies of bees in his possession or management shall within 8 days after a written request from the department furnish a statement of the number of colonies and the exact location the…

4:6-17. Penalty enforcement; hearing 4:6-17. Any penalty imposed by this act shall be collected or enforced in a summary manner, without a jury, in any court of competent jurisdiction according to the procedure provided by "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). Th…

4:6-18. Right of entry to inspect; interference with officers For the purpose of making the investigations and inspections specified in this chapter and to enforce the provisions of the same, the officers and agents of the department shall have free entry upon or into any apiarie…

4:6-19. Abandoned apiaries; written notice; steps to protect neighboring apiaries When an apiary is deemed to be an abandoned apiary, written notice shall be given by certified mail to the owner or operator thereof, if he can be located, that the apiary is an abandoned apiary. If…

4:6-2. Study of outbreaks The department shall study and investigate or cause to be studied and investigated, outbreaks of any bee disease and other conditions unfavorable to the development of bees within the state.

4:6-20. Rules and regulations The State Board of Agriculture shall have the power to promulgate and enforce rules and regulations to implement the provisions of this act. L.1977, c. 159, s. 9, eff. July 14, 1977.

4:6-21 Rules, regulations relative to preservation of honey bee colonies. 1. The Secretary of Agriculture in conjunction with the Commissioner of Environmental Protection, and in cooperation with the New Jersey Beekeepers Association, the New Jersey Pest Management Association, a…

4:6-22 Violations; penalties, use. 2. Any person who intentionally destroys a man-made honey bee hive without the approval required pursuant to R.S.4:6-1 et seq. or section 1 of P.L.2007, c.271 (C.4:6-21) shall be liable to a civil penalty of up to $1,000 for each offense, to be …

4:6-23 Penalty for destruction of man-made native bee hive; definitions. 1. a. Any person who intentionally destroys a man-made native bee hive shall be liable to a civil penalty of up to $500 for each offense. b. Any penalty imposed pursuant to subsection a. of this section shal…

4:6-24 Regulation of breeding, keeping of honey bees. 2. a. The Department of Agriculture shall regulate the breeding and keeping of honey bees and any activities related thereto, including, but not limited to, the use of honey bees for pollination, the reproduction and sale of h…

4:6-3. Infested colonies or apparatus as nuisance A colony of honey bees, or apparatus used in bee-keeping, known to be infested with American foulbrood or European foulbrood or other serious, discoverable, contagious or infectious bee disease is hereby declared a public nuisance…

4:6-4. Investigation of apiaries The department shall investigate or cause to be investigated all apiaries or other places where bees are kept or raised in this state and all complaints of the existence of diseases of any kind in apiaries or other places where bees are kept or ra…

4:6-5. Inspection of apiaries raising queen bees for sale A person in this State engaged in the rearing of queen bees for sale shall have his apiary inspected at least twice during each summer and a person who shall fail to comply with this requirement shall be liable to a penalt…

4:6-6. Certification of apiaries raising queen bees for sale Whenever the department shall find any apiary where queen bees are raised for sale to be free from disease, as defined in section 4:6-1 of this title, he shall furnish the owner with a certificate to that effect. The ce…

4:6-7. Notice to owner of diseased apiary Whenever in the course of the inspections or investigations made or carried on by the department as provided in this chapter, it shall become aware of the existence of disease as defined in section 4:6-1 of this title in any apiary or col…

4:6-8. Contents of notice and order for treatment The notice and order for treatment, referred to in section 4:6-7 of this title, shall be in writing and shall specify the time within which the prescribed treatment shall be administered, which shall not be less than eight days af…

4:6-9. Quarantine provision included in notice and order In order to prevent the spread of the disease as defined in section 4:6-1 of this title between the time of its discovery and its eradication the notice and order shall include a provision placing the bee yard and equipment…

4:7-1. Determining existence; declaring epidemics; quarantine The state board of agriculture may: a. Determine the existence of dangerous plant diseases and of dangerously injurious insects and declare the same to be epidemic; b. Establish and enforce general or local quarantine.…

4:7-10. Notice to department of importation of plant material Every person who imports plant material of any kind from without the state and every carrier for hire that brings plant material from without the state for delivery to any person within the state, shall notify the depa…

4:7-11. Inspection of imported plant material If the department has any reason to suspect the presence of a dangerous disease in any shipment of plant material imported from without the state, it may order the examination of every package of such material, in transit or at the po…

4:7-12. Issuance to prospective shippers of certificates of freedom from disease The department shall, unless it has knowledge of the presence of a dangerous disease precluding such action, issue to any nurseryman or other grower of plants who may request the same, and who may wi…

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…