Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:12A-48. Grant of specific powers not to impair general powers The operation and effect of any provision of this act conferring a general power upon the board or the director shall not be impaired or qualified by the granting to the board, the secretary, the director or an emplo…

4:12A-49. Declaration of legislative intent; action to restrain unlawful acts It is the intent of the Legislature that the instant, whenever that may be, that the handling within the State, by a milk dealer, of milk produced outside of the State, becomes a subject of regulation b…

4:12A-5. Chairman and recording secretary of board; quorum; meetings; seal The board shall choose a chairman from its own members and recording secretary, who may be a member of the director's staff. The board shall fix the compensation, if any, which is to be paid to the recordi…

4:12A-50. Foreign or interstate commerce No provisions of this act shall apply or be construed to apply to foreign or interstate commerce, except in so far as the same may be effective pursuant to the United States Constitution and to the laws of the United States enacted pursuan…

4:12A-51. Partial invalidity The sections and parts of sections included in this act are hereby declared to be independent sections and parts of sections; if any such section or part of section shall be held invalid, such holding shall not affect the remainder of this act, nor th…

4:12A-52. Expiration date This act shall be effective until such date as the Legislature shall determine an emergency no longer exists and the exercise of the police power of the State is no longer necessary and shall terminate its operation. L.1941, c. 274, p. 739, s. 52.

4:12A-53. "Distributor" defined As used in this act, the word "distributor" shall mean any person, partnership, company, association, firm or corporation licensed as a store, milk dealer, processor or subdealer by the Director of Milk Control to sell milk in New Jersey. L.1942, c…

4:12A-54. Examination of records to determine cost of distributing milk The Department of Agriculture is authorized to examine and study the records and accounts of distributors of milk in New Jersey, covering such periods as shall be determined by the department, for the purpose…

4:12A-55. Milk distributors to make records available; evidence, production of Every distributor of milk in New Jersey, as defined above, shall make available to the Department of Agriculture or its duly authorized agents all books of account, vouchers and other pertinent records…

4:12A-56. Accountants, employment of The Department of Agriculture is authorized to employ the services of certified public accountants and such other assistants as are necessary to examine and study the cost records and accounts of milk distributors in New Jersey and to prepare …

4:12A-57. Penalty for distributor's failure to comply or interference A distributor who shall: a. Fail to comply with the requirements of this act; b. With intent to deceive, answer or report falsely in response to any requirement of this act; or c. Willfully interfere with the D…

4:12A-58. Effective date This act shall take effect July first, one thousand nine hundred and forty-two. L.1942, c. 263, p. 708, s. 7.

4:12A-6. Principal office The principal office of the board and of the director shall be in the city of Trenton in rooms assigned, furnished and equipped by the custodian of the State House. L.1941, c. 274, p. 717, s. 6.

4:12A-63. Short title This act shall be known and may be cited as the "Milk Case Recovery Act." L.1982, c. 216, s. 2.

4:12A-64. Definitions As used in this act: a. "Milk case" means a rigid, reusable milk container case including wood, metal or plastic, which is used for packing and transporting or delivering cartons, bottles, jugs or other packages of milk and milk products by milk dealers, pro…

4:12A-65. Milk container marks and identification; filing with secretary of agriculture Any person who is engaged in receiving, processing, manufacturing, packing, canning, bottling, handling, or selling milk or any products of milk in containers, cabinets, or other dairy equipme…

4:12A-66. Wholesale purchasers; exemption Wholesale milk and milk product purchasers who, in the normal course of milk distribution procedures, hold milk cases for pickup by the owners or their representatives are exempt from the provisions of this act. L.1982, c. 216, s. 5.

4:12A-67. Offenses It is unlawful for any person to: a. Receive, take, store, buy, sell, dispose, use or otherwise possess any milk case without the consent of the owner; b. Refuse to return any milk case to the owner upon demand; c. Deface, erase, obliterate, cover up or otherwi…

4:12A-68. Evidence of offenses The using, buying, selling, possession, destroying, or defacing of a milk case by any person without the written consent of the owner shall be accepted in a court of competent jurisdiction as prima facie evidence of a violation of this act. L.1982, …

4:12A-69. Penalties Any person who violates this act shall be subject to a fine of up to $100.00 for the illegal possession of up to nine milk cases and not less than $100.00 nor more than $500.00 or imprisonment for up to 30 days, or both, for the illegal possession of any great…

4:12A-7. General powers of board and director; orders; rules and regulations The board and the director are hereby declared to be the instrumentalities of the State for the purpose of attaining the ends in this act declared, and the board and the director are hereby vested with p…

4:12A-70. Habitual offenders; injunction An habitual violation of this act or of any rule or regulation made pursuant to this act may be restrained by a court of competent jurisdiction in an action brought for that purpose by the owner of milk cases subject to the violations. L.1…

4:12A-71. Rules and regulations The Secretary of Agriculture may promulgate rules and regulations necessary to enforce the provisions of this act. L.1982, c. 216, s. 10.

4:12A-72 Reimbursement, federal Dairy Margin Coverage Program. 1. a. The Department of Agriculture shall disburse annually to each enrolled dairy farmer in the State the amount of the annual premium paid by the enrolled dairy farmer for coverage under the federal Dairy Margin Cov…

4:12A-8. Enforcement of act and rules and regulations Any duly authorized appointee of the director shall, subject to the limitations herein contained, enforce the provisions of this act and all rules and regulations promulgated by the director and all orders thereunder made by t…

4:12A-9. Appeals; hearing and determination by board; stay The board is hereby empowered and charged with the duty to hear, review, and determine all appeals by any person, applicant or licensee aggrieved by any act, proceeding, rule, regulation, decision or determination of the …

4:13-1. Definitions "Agricultural products" includes horticultural, viticultural, floricultural, forestry, dairy, livestock, fur-bearing animals, poultry, bee and any farm products, including fresh and salt water food products. "Association" means an association incorporated or a…

4:13-10. Merger or consolidation of associations Whenever any two or more associations incorporated or authorized to transact business under the provisions of this act desire to merge or consolidate into a single new association, the directors thereof shall enter into a joint agr…

4:13-10.1. Federated co-operative associations; membership Two or more associations incorporated in New Jersey or foreign cooperatives may form or become a member of a federated cooperative association incorporated under this chapter or any similar act in any other State and assi…

4:13-11. Dissolution of associations The members of any association, at any regular or special meeting or meetings called for the purpose upon not less than 20 days' notice of the time, place and object of the meeting or meetings first having been given as prescribed in the bylaw…

4:13-12. General corporation laws to govern The provisions of the general corporation laws of this state, and all powers and rights thereunder, shall apply to the associations organized under this chapter, except where such provisions are in conflict with or inconsistent with the…

4:13-13. Right of existing associations to come within chapter An agricultural association or corporation, incorporated or authorized to do business in this State under any law other than this chapter, may become subject to the provisions of this chapter, provided a resolution de…

4:13-14. Associations incorporated under 1920 law subject to chapter All associations incorporated prior to February twenty-eighth, one thousand nine hundred and twenty-four, under the act entitled "An act to provide for the formation and regulation of co-operative agricultural a…

4:13-15. Authorizing foreign corporations to transact business A foreign corporation organized for the purpose of engaging in any of the activities mentioned in section 4:13-3 of this Title, and desiring to operate under the privileges granted by this statute, before transacting …

4:13-16. General powers of association Every association may: a. Have succession, by its corporate name, for the period limited in its certificate of incorporation, and, when no period is limited, perpetually; b. Sue and be sued in any court; c. Make and use a common seal, and al…

4:13-17. First meeting The first meeting of the association shall be called by a notice, designating the time, place and purpose of the meeting, signed by a majority of the incorporators, and personally served upon or mailed to all the incorporators at least two days before the m…

4:13-18. Election of directors; by-laws; adoption; contents At the first meeting of the association the directors shall be elected and, by majority vote of the members or their written assent, bylaws shall be adopted regulating the conduct and management of the association. A cop…

4:13-19. Board of directors The board of directors of an association shall consist of not less than 3 persons and the directors shall be members of the association or individual representatives of corporate members thereof. The directors shall be chosen annually by the members or…

4:13-2. Incorporation Any 3 or more persons or any 2 or more agricultural co-operative associations or combination thereof eligible for membership under this chapter may form a nonprofit co-operative agricultural association, either with or without capital stock, by subscribing a…

4:13-2.1. Annual fee; exemption from corporation business tax act and uniform security act Each agricultural cooperative association organized hereunder with or without capital stock or foreign corporations authorized to transact business under the provisions of 4:13-15 shall pay…

4:13-20. Officers The officers of an association shall include a president, vice president, secretary and treasurer, who shall be appointed annually by the board of directors. The president and vice president shall be appointed from among the directors. The secretary and treasure…

4:13-21. Eligibility to membership An association may admit as members, or issue common stock to, any persons engaged in the production of agricultural products, including the lessees and tenants of lands used for the production of such products, and any lessors and landlords who…

4:13-22. Expulsion of members; removal of director or officer A member, director or officer who is also a director of the association may, for cause, be expelled from membership or removed from office, by vote of not less than 2/3 of the directors present and voting at any regula…

4:13-23. Issuance of certificates Every association without capital stock shall issue a certificate of membership to each member. Every association with capital stock shall issue a certificate of common stock to each member. Such certificate shall not be transferable, and no pers…

4:13-24. Voting No member shall be entitled to more than one vote except as herein provided. No vote by proxy shall be received. Absent members may, under rules prescribed in the bylaws, be permitted to vote on specific questions by ballots deposited with the secretary, or other …

4:13-24.1. Proportionate voting rights; exception An association incorporated under this chapter may provide in its certificate of incorporation or by-laws for proportionate or unequal voting rights of all its members based upon the patronage of said members, which shall be exerc…