Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

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 Repeal The "New Jersey State Seed Law," being chapter 189 of the laws of 1948 is repealed.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 …

4:8B-1. Definitions When used in this act, unless the context clearly indicates otherwise: (a) "Act" means this act and the rules and regulations adopted hereunder. (b) "Commissioner" means the State Commissioner of Health. (c) "Distribute" means to offer for sale, to barter, exc…

4:8B-10. Violation; penalty Any person who violates any provision of this act is a disorderly person and upon conviction as such shall be fined not less than $500.00 nor more than $1,000.00, or be imprisoned for not less than 30 days nor more than 1 year, or both. L.1961, c. 125,…

4:8B-11. Act not to limit powers of State Department of Health or State Commissioner of Health Nothing contained herein shall in any way be construed to alter, limit or repeal any of the functions, powers and duties of the State Department of Health or the State Commissioner of H…

4:8B-2. Prohibition against sale or distribution of treated grain other than for seeding unless dyed or colored No distributor shall sell or distribute or have in his possession with intent to sell or distribute for food or feed purposes any treated grain in bulk or package or an…

4:8B-3. Statement of treatment A distributor of any treated grain which is sold or distributed for a purpose other than seeding shall deliver or have delivered to the purchaser or other transferee at the time of the sale or transfer thereof a written statement setting forth the s…

4:8B-4. Rules and regulations In order to protect the health and welfare of the public, the director shall adopt and promulgate rules and regulations: (a) To establish standards for the treatment of grain and tolerances within which such treated grain shall be usable for food or …

4:8B-5. Stop sale order; issuance and enforcement upon violation The State Seed Analyst, individually or through his authorized agents, shall issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of treated grain when it is found that such …

4:8B-6. Confiscation of grain sold in violation of act; jurisdiction 6. Any lot of treated grain which is sold or distributed in violation of any provision of this act may be confiscated by a summary proceeding instituted by the State Seed Analyst. The Superior Court or municipal…

4:8B-7. Warrant 7. Upon the filing of a verified complaint the court may issue a warrant directed to the sheriff of the county or other peace officer, commanding such officer to seize and take in his possession the grain described in the complaint, and bring the same before the c…

4:8B-8. Disposition of seized grain If upon the hearing it shall appear that the grain was sold or distributed in violation of any provision of this act, it shall be confiscated and disposed of by destruction or sale as the court may direct, but no such grain shall be sold contra…

4:8B-9. Sale of seized grain; bond In case the grain seized is of such a character that it may be sold or distributed in compliance with this act, upon the recommendation of the State Seed Analyst, the court may order such grain delivered to the owner upon the payment of the cost…

4:9-15.1. Short title This act may be referred to as the "New Jersey Commercial Fertilizer and Soil Conditioner Act of 1970." L.1970, c. 66, s. 1.

4:9-15.10. Commercial fertilizer label to set forth certain information Any commercial fertilizer 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) …

4:9-15.11. Bulk distribution of fertilizer; statement of information For each kind of commercial fertilizer distributed in bulk in this State, a written or printed statement of the information required by section 10 of this act shall accompany each delivery and be supplied to the…

4:9-15.12. Customer formulated mix; label requirements A customer formulated mix shall be designated "customer formulated mix" and, in lieu of the requirements of sections 10 and 11 of this act, shall be labeled to show the net weight, guaranteed analysis, and the name and addres…

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.