Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:10-74. Application to taxes on poultry feed, white potatoes, asparagus, and apples; alteration of rates, form and manner The councils and commodity programs heretofore created and established under chapter 47 (C. 54:47A-1 et seq.) and chapter 169 (C. 54:47B-1 et seq.) of the la…

4:10-75. Petition for participation by buyers or processors; referendum The secretary is authorized to receive petitions from any buyer, processor or group of processors or buyers to participate and become directly affected by any marketing program authorized by this act. Except …

4:10-76 "New Jersey Wine Promotion Account"; establishment, funding. 2. a. There is established in the Department of Agriculture the "New Jersey Wine Promotion Account," hereinafter referred to as the "account." All monies received in this account shall be expended by the Secreta…

4:10-77. New Jersey Wine Industry Advisory Council; establishment, members, duties a. There is established in the Department of Agriculture the New Jersey Wine Industry Advisory Council, comprising eight members, three of whom shall be the Secretary of Agriculture, the Commission…

4:10-78. Certification by taxation director The Director of the Division of Taxation shall certify by March 1, 1986 and by March 1 annually thereafter to the New Jersey Wine Industry Advisory Council the number of taxable gallons of wine sold by plenary winery and farm winery lic…

4:10-79. Establishment of organic certification program 1. a. The Secretary of Agriculture shall establish an organic certification program. In establishing the program, the secretary shall consider any national standards that may be adopted by the United States Department of Agr…

4:10-8. Certificate of classification as evidence A certificate, when not superseded by a finding of the grade or other classification of any farm products, issued under this chapter, shall be accepted in any court of this state as prima facie evidence of the true grade or other …

4:10-80 "Organic Farming Board" established; definitions. 1. There is established in the Division of Marketing and Development in the Department of Agriculture the Organic Farming Board. a. The purpose of the board shall be to develop, administer, and oversee programs in consulta…

4:10-9 Disposition and use of fees collected. 4:10-9. All fees and other moneys collected under this chapter by the secretary and the employees or agents of the department, shall be paid into the General Fund, and shall be appropriated for the use of the department in carrying ou…

4:11-1 Definitions. 4:11-1. As used in this article: "Agent" means any person buying, receiving, soliciting or negotiating the sale of cattle, sheep, horse or swine for or on behalf of any dealer or broker. "Broker" means any person engaged in the business of soliciting or negoti…

4:11-10. Review of refusal or revocation of license The action of the secretary in refusing to grant or in revoking a license shall be subject to review by the Superior Court in a proceeding in lieu of prerogative writ. Whenever any proceeding is taken to review the revocation of…

4:11-11. Keeping of records by dealer or broker Every dealer or broker shall keep accounts, records and memoranda which shall fully and clearly disclose all transactions involved in his business, including the true ownership of the business by stockholders or otherwise.

4:11-12. Posting by dealer or broker of copy of license Every person licensed under the provisions of this article and conducting business under the license shall keep a copy thereof, to be furnished by the secretary, posted in a conspicuous place in or at his place of business a…

4:11-13 Agent's card. 4:11-13. The licensee and each of his agents shall carry an agent's card at all times, when buying or receiving cattle, sheep, horses or swine, or receiving, selling, exchanging, soliciting or negotiating the sale, resale, or shipment of cattle, sheep, horse…

4:11-13.1 Rules, regulations. 3. The board may adopt and promulgate such rules and regulations as it may deem necessary to carry out the provisions of this act and to prevent the spread of disease among cattle, sheep, horses and swine.1966, c.27, s.3; amended 1998, c.105, s.10.

4:11-14 Violations, penalties. 4:11-14. A person who shall: a. Engage in or carry on the business of buying or receiving cattle, sheep, horses or swine, or receiving, selling, exchanging, soliciting or negotiating the sale, resale, exchange or shipment of cattle, sheep, horses or…

4:11-14.1 Disclosure of identifying information prior to sale of horse at auction; violations, penalties. 1. a. Before any horse may be sold at an auction, the auction organizer shall determine whether the horse has an implanted microchip or has been tattooed or branded with any …

4:11-15. Definitions As used in this article: "Agent" means any person receiving, buying, soliciting or negotiating the sale of any perishable agricultural commodity or hay, straw or grain or any one or more of them from the grower thereof for or on behalf of any commission merch…

4:11-16. Article inapplicable to certain transactions This article shall not apply to any transaction in which the grower receives at the time of the transaction full payment of the amount due him, or to any duly incorporated agricultural cooperative association in its dealings w…

4:11-17. Cooperative agricultural associations; inapplicability of article; registration; exempt agent identification cards; issuance Nothing contained in this article shall be construed to apply to any agricultural cooperative association which deals only with its members and or…

4:11-18. Necessity of license No person shall engage in or carry on the business of commission merchant, dealer or broker unless he is duly licensed as provided in this article.

4:11-19. Application for license; fee A person before engaging in such business shall on or before November 1 of each year, file an application for a license with the secretary, on a form prescribed by him, and pay an application fee of $30.00 which shall not be returned if the l…

4:11-2 Inapplicability of article. 4:11-2. This article shall not apply: a. To any person who receives, buys, exchanges or ships cattle, sheep, horses or swine exclusively for slaughter; b. To any person who is permanently discontinuing the business of dairying, breeding or feedi…

4:11-20 Bond accompanying application; securities or letter of credit in lieu of bonds; Perishable Agricultural Commodity Surety Fund. 4:11-20. a. A license shall not be issued unless and until the applicant has filed a good and sufficient surety bond executed in favor of the sec…

4:11-21. Agricultural commodity agent licensure Upon the filing and approval of the application and bond or securities, as the case may be, the secretary shall thereupon issue to the applicant or his agent a license entitling the applicant or the agent to conduct the business of …

4:11-22. Designation and licensing of agent No agent shall receive, buy, solicit or negotiate the sale of any agricultural commodity in this State on behalf of any commission merchant, dealer or broker unless such agent has been designated by a duly licensed commission merchant, …

4:11-23. Investigation of record of applicant or licensee The secretary or an assistant whom he may designate may investigate upon the verified complaint of any interested person, or upon the verified complaint of any agricultural co-operative association organized pursuant to th…

4:11-24. Hearing by secretary when verified complaint filed When a verified complaint is filed with the secretary, as mentioned in section 4:11-23 of this title, with respect to any person applying for or holding a license, the secretary shall conduct a hearing thereon and shall …

4:11-25. Hearing before revocation of license Before any license is revoked the secretary shall give the licensee at least ten days' notice of the time and place of hearing before the secretary and shall furnish him with a copy of the complaint against him, which complaint and no…

4:11-26. Grounds for refusing or revoking license The secretary may refuse to grant or may revoke a license for the following causes: a. Where the licensee has made a general assignment for the benefit of creditors or has been adjudged a bankrupt or is insolvent or where a money …

4:11-27. Review of refusal or revocation of license The action of the department in refusing to grant or in revoking a license shall be subject to review by the Superior Court in a proceeding in lieu of prerogative writ. Whenever any proceeding is taken to review a revocation the…

4:11-28. Filing with secretary of claims against licensee Upon default of any licensee in the payment of any money due to any grower, the grower may file with the secretary, upon a form prescribed by him, a verified statement of his claim. If the grower has reduced his claim to j…

4:11-28.1. Claim by grower; time of filing; contents Each grower shall have 90 days from the date payment was due to file a claim with the Secretary of Agriculture on forms prescribed by him giving all terms of agreement and amount due. Failure to file within 90 days shall nullif…

4:11-29. Audit of claims; demand upon surety; publication of nonpayment; necessity of filing claims; action The secretary shall audit claims properly filed and determine the amounts due all such creditors. Whenever an audit and hearing determine a claim to be valid and there is a…

4:11-29.1. Request to producer to sign statement relieving dealer or surety unlawful It shall be unlawful for any person to request a producer to sign any statement, affidavit, assignment, or waiver of any kind which has for its purpose or intent to relieve to any extent whatsoev…

4:11-3. Necessity of license; mode of designating agents No person shall engage in or carry on the business of dealer or broker, as defined in section 4:11-1 of this title, or act as agent for a dealer or broker unless licensed as provided in this article. No agent shall act for …

4:11-30. Keeping of records A commission merchant, dealer, broker or his agent shall keep accounts, records and memoranda which shall fully and clearly disclose all transactions involved in his business, including the true ownership of the business by stockholders or otherwise.

4:11-31. Posting of copy of license A person licensed under the provisions of this article and conducting business under the license shall keep a copy thereof, to be furnished by the secretary, posted in a conspicuous place in or at his place of business and exposed for inspectio…

4:11-32. Carrying and exhibiting agent's license The licensee and each of his agents shall at all times when receiving, buying, soliciting or negotiating the sale of agricultural commodities carry an agent's license which shall be exhibited to growers or to the officers of any ag…

4:11-33. Certification by secretary as to license The secretary shall, upon request, certify whether the records kept by his department show or fail to show the issuance of a license in accordance with the provisions of this article, and such certificate whether made upon request…

4:11-33.1. Rules and regulations The board may make such rules and regulations as may be necessary for the proper enforcement of the provisions of this article. L.1966, c. 76, s. 6, eff. May 1, 1967.

4:11-34. Penalty for violations; jail for nonpayment A person, who shall engage in the business of commission merchant, dealer or broker, as defined in section 4:11-15 of this Title, without first having obtained a license as provided in this article shall be subject to a penalty…

4:11-34.1. Termination of unlicensed operations The department shall have the power to stop the operation of any person operating in the State of New Jersey without a license as provided by this act. The secretary may order such operations terminated immediately but any person wh…

4:11-35. Definitions As used in this act: (a) "Dealer" means any person engaged in the business of buying or receiving any live poultry from poultry raisers for the purpose of sale, resale or manufacture. (b) "Broker" means any person engaged in the business of soliciting or nego…

4:11-36. Purchase by weight required All live poultry shall be bought by avoirdupois net weight and it shall be unlawful for any person to buy or receive or cause to be bought or received for the purpose of resale or manufacture, as dealer, broker, agent or otherwise, any poultry…

4:11-37. Weight tickets It shall be unlawful for any person to buy or receive or cause to be bought or received, as dealer, broker or agent, any live poultry unless at the time of purchase the seller or poultry raiser is given a weight ticket on a form to be furnished by the buye…