Title 4, Title 4: AGRICULTURE AND DOMESTIC ANIMALS

4:13-27. Requiring members to deal through association; withdrawal The by-laws or contracts may require the members to sell all or any part of their specifically enumerated agricultural products, and buy all or any part of their specifically enumerated agricultural supplies, excl…

4:13-28. Liquidated damages for failure of member to perform The by-laws or contract may fix specific sums, in amounts fairly related to the actual damages ordinarily suffered in like circumstances, to be paid to the association as liquidated damages by a member who shall fail to…

4:13-29. Validity of contracts with members; breach of contract; injunction Any contract between an association and any of its members, which is authorized by this chapter, shall be valid and enforceable in any action brought by the association against a member. In the event of a…

4:13-3. Purposes of incorporation An association may be organized to engage in any co-operative activities for its members, and within the limitations hereinafter in this chapter set forth, for nonmembers in connection with any of the following: a. The marketing, selling of, barg…

4:13-30. Dealings with nonmembers The association may market agricultural products and purchase equipment and supplies for nonmembers, but not to an amount greater in value than the amount purchased and sold for members. The value of purchases made for nonmembers who are not prod…

4:13-31. Reserve funds; fees and charges; patron's revolving funds; certificates The directors may establish reserve funds for working capital and for contingencies and patrons' revolving funds and transfer thereto, from time to time in their discretion, such sums as they may dee…

4:13-32. Dividing yearly balance of associations without capital stock In the case of associations without capital stock after payment of expenses and the establishment of the funds, as authorized in section 4:13-31 of this Title, and as soon after the end of the fiscal year as p…

4:13-33. Dividends and division of balance of associations with capital stock In the case of associations with capital stock, after payment of expenses and the establishment of the funds, as authorized in section 4:13-31 of this Title, and as near or as soon after the end of the …

4:13-34. Annual audit and report; disclosure forbidden An association shall appoint, annually, an auditing committee of 3 persons, who shall not be directors, officers, agents or employees of the association but who may or may not be members thereof; or have a certified public ac…

4:13-34.1. Filing of annual report; contents Any association coming under the provisions of this chapter shall, within 4 months after the expiration of its fiscal year, file an annual report with the Secretary of Agriculture, which shall include, but not be limited to a copy of t…

4:13-35. List of associations not filing report of audit On or before August 31 each year, the Secretary of Agriculture shall have the authority, if in his opinion the same is justified, to certify to the Secretary of State a list containing the names of any co-operative associat…

4:13-36. Notice to associations The Secretary of Agriculture shall, within the ten days immediately following transmittal of the list to the Secretary of State, mail a notice of his action under this act, together with a copy of this act, to each co-operative association whose na…

4:13-37. Proclamation of dissolution; publication The Secretary of State shall, upon receipt of such a list, cause the names so certified to be compared with his records, and if error is discovered he shall cause necessary corrections therein to be made by the Department of Agric…

4:13-38. Dissolution upon issuance of proclamation Upon issuance of such proclamation and the mailing of a copy thereof, in the manner aforesaid, each domestic association named therein shall be deemed dissolved without further legal proceedings; and the authority of foreign asso…

4:13-39. Copies of proclamation; mailing; filing The Secretary of State shall also mail a copy of such proclamation to the clerk of each county in the State. The county clerk shall file the copy received by him without charge but need not record it. L.1951, c. 303, p. 1092, s. 11…

4:13-4. Certificate of incorporation The certificate of incorporation shall be signed by all the incorporators and shall set forth: a. The name of the association, which may include the words "cooperative" and "association" ; b. The objects for which it is formed, which shall be …

4:13-40. Reservation of names of dissolved associations The names of all co-operative associations so dissolved or whose authority to transact business has been terminated shall be reserved for a period of 4 months immediately following the date of mailing a copy of the proclamat…

4:13-41. Certificate of compliance; effect; fees If any such association so dissolved or whose authority has been terminated shall file with the Secretary of State before the expiration of 3 months a certificate of compliance issued by the Department of Agriculture that all requi…

4:13-42. Publication of notice of compliance Whenever a co-operative association shall have obtained a certificate of compliance and have filed the same in the office of the Secretary of State, the Secretary of State shall publish a notice thereof in the next succeeding issue of …

4:13-43. Definitions The words and phrases used herein shall, unless the content otherwise indicates, have the following meanings: (a) "Secretary" means the Secretary of Agriculture of the State of New Jersey or his duly authorized agent. (b) "Cooperative association" means any a…

4:13-44. Public policy It is hereby declared to be in the public interest and the public policy of this State to establish and support the right of any producer to join voluntarily and belong to cooperative associations. L.1962, c. 131, s. 2, eff. July 27, 1962.

4:13-45. Unfair practices It is an unfair practice, and unlawful, for any processor, or for any other person, to do any of the following: (a) Interfere with, restrain, coerce or boycott producers in the exercise of the rights guaranteed pursuant to section 2 hereof. (b) Discrimin…

4:13-46. Violations; complaints; hearings For the purpose of enforcing the provisions of this act the secretary is authorized to receive complaints from producers against any processor, or any other person, with respect to violations of the unfair practices specified in section 3…

4:13-47. Injunctions The secretary may also bring an action to restrain the violation or threatened violation of any provision of this act in the Superior Court. L.1962, c. 131, s. 5, eff. July 27, 1962. Amended by L.1971, c. 324, s. 16, eff. Oct. 28, 1971.

4:13-48. Penalties Any processor who shall have been found to have violated any of the provisions of this act shall forfeit and pay a penalty of not less than $100.00 nor more than $500.00 for each offense to be sued for and recovered by and in the name of the "State of New Jerse…

4:13-49. Penalty enforcement proceedings; process; summary proceedings; jail sentence In proceedings for the collection and enforcement of a penalty imposed because of the violation of any provision of this act, process shall issue in the name of the State as plaintiff, upon the …

4:13-5. Use by similar organizations of term "co-operative" No person, firm, corporation or association organized after February 28, 1924, for the purpose of engaging in any of the activities mentioned in section 4:13-3 of this Title, shall use the word "co-operative" as part of …

4:13-50. Compliance not deemed conspiracy or combination in restraint of trade, etc.; dissemination of information; marketing adjustments a. No association complying with the terms hereof shall be deemed to be a conspiracy, or a combination in restraint of trade, or an illegal mo…

4:13-6. Filing of certificate; fee The certificate of incorporation shall be signed by incorporators, and; a. Shall be filed in the office of the Secretary of State; and, b. A duly certified copy of said certificate of incorporation shall be filed in the office of the Secretary o…

4:13-7. Association as body corporate The persons so associating, their successors and assigns, shall, from the date of the filing and recording with the Secretary of State, be a body corporate by the name set forth in the certificate and shall acquire all the rights and privileg…

4:13-8. Amending certificate The certificate of incorporation may be amended by the affirmative vote of a majority of the members or delegates present and acting at any regular meeting or at any special meeting called for that purpose, on 10 days' notice; if the amendment has fir…

4:13-9. Certificate as evidence The certificate, or a copy thereof duly certified by the secretary of state, shall be evidence in all courts and places.

4:14-1. Department to encourage formation The department of agriculture shall encourage and aid so far as practicable, the formation of county boards of agriculture in the several counties of this state, that all the agricultural interests of the state may be fully represented.

4:14-2. Membership and organization The membership of the county boards shall consist of all the members of the agricultural and horticultural associations of each county, and such others as they may elect: a. In counties having no agricultural or horticultural associations any n…

4:14-3. Annual reports to department; report of delegates to annual convention Each county board of agriculture shall, on or before December fifteenth in each year, make a full report of the transactions of the board during the year next preceding, with as complete a statement as…

4:14-4. Annual apportionments to county boards The department of agriculture may apportion to the several county boards of agriculture annually, such sum or sums of money for the information secured and labor performed in connection with the reports of such county boards as the d…

4:14-5. Rules for government The state board of agriculture may adopt suitable rules and regulations, not inconsistent with this title, for the government of the county boards of agriculture.

4:14-6. Annual appropriation for expenses There shall be appropriated annually out of the general revenues of the state for the expenses of conducting the state horticultural society, such sum as may be included for that purpose in any appropriation act.

4:14-7. Manner of paying expenses The necessary expenses of conducting the state horticultural society shall be audited by its executive committee, approved by its president and attested by its secretary, and shall be presented to the comptroller of the state, who shall pay the s…

4:15-1. "Association" defined "Association" as used in this article shall include all corporations organized for the purpose of holding agricultural fairs and exhibitions.

4:15-10. Maintenance and use The state house commission is authorized to maintain the state exhibition building which was erected as provided in the act entitled "An act to provide for the erection and maintenance of a state exhibition building for the display and exhibit of the …

4:15-11. One-day livestock shows; rules and regulations The Department of Agriculture shall encourage and promote education and interest in the production of pure-bred livestock. In order to demonstrate the characteristics of individual breeds, including ideal conformation and pr…

4:15-12. Advisory committee The State Board of Agriculture may appoint an advisory committee of one person from each branch of the livestock industry to further this type of agricultural endeavor. L.1953, c. 302, p. 1843, s. 2.

4:15-13. Moneys for premiums, awards and maintenance The department may include in its annual budget request an item not in excess of ten thousand dollars ($10,000.00) for the purposes of this act. Any moneys appropriated for these purposes shall be expended only for premiums, aw…

4:15-14. Dog sled racing An organization created for the purpose of promoting the breeding, care, and training of dogs to draw sleds, carts, or wheel rigs, including the International Sled Dog Racing Association and its affiliates in this State, or other similar association which…

4:15-2. Authority to hold fairs and exhibitions An association may: a. Hold fairs and exhibitions of agricultural, horticultural, mechanical and manufacturing productions, collections and discoveries of works of art, of live stock and animals, and for the encouragement of competi…