New Jersey Admin. Code Title 2 | New Jersey Administrative Code, Title 2 — Agriculture

Chapter 19 SALE AND DISTRIBUTION OF PLANTS AND PLANT MATERIAL

N.J. Admin. Code Tit. 2, ch. 19, subch. 1 RESERVED

Chapter 17 IMPORTATION OF PLANTS AND PLANT MATERIAL

N.J. Admin. Code Tit. 2, ch. 17, subch. 2 RESERVED

Chapter 1 ADMINISTRATION

Subchapter 1 DESIGNATION OF ADDITIONAL ORGANIZATIONS TO THE ANNUAL STATE AGRICULTURAL CONVENTION

N.J. Admin. Code § 2:1-1.1 Purpose and scope

(a) This subchapter sets forth the criteria and approval procedure for additional agricultural organizations to participate in the annual New Jersey Agricultural Convention pursuant to P.L. 1997, c. 312.

(b) This subchapter applies to any agricultural organization seeking approval to participate in the annual convention.

N.J. Admin. Code § 2:1-1.2 Criteria for agricultural organizations seeking membership in the New Jersey Agricultural Convention

(a) An organization seeking membership in the New Jersey Agricultural Convention shall have as its primary purpose the advancement of an agricultural interest, an agricultural sector, or agricultural production and marketing in the State.

(b) The organization shall be incorporated for a minimum of one year prior to membership application, and maintain its headquarters in New Jersey.

(c) The organization shall include a membership that is Statewide or regional in area, or serve Statewide or regional agricultural interests.

(d) The organization shall have a majority of its membership based in New Jersey.

(e) The organization shall have been organized and active in the State of New Jersey for three years.

(f) The organization shall not represent the identical interest, commodity, or membership as is represented by a current member of the State Agricultural Convention.

N.J. Admin. Code § 2:1-1.3 Procedure for making application

(a) An organization shall make application, on forms provided by the Department of Agriculture, by no later than July 1 in any year. Forms may be obtained by contacting the Office of the Secretary, Department of Agriculture, P.O. Box 330, Trenton, NJ 08625-0330 or on the Department website at http://www.state.nj.us/agriculture.

(b) An organization shall provide the following information in its application, as characterized in N.J.A.C. 2:1-1.2:

The name, address and telephone number of the organization;

The primary purpose of the organization;
The date the organization was organized, its date of incorporation and where it is headquartered; and
Where the majority of its membership live.

(c) The State Board shall determine and report, within 60 days of a request based on a complete application, its decision to the applicant organization.

(d) Approval of an application shall make the organization eligible for a delegate to all future agricultural conventions provided it continues to meet the criteria set forth in N.J.A.C. 2:1-1.2. An organization that does not send delegates for a period of three consecutive years or more will lose its right to send delegates. Any organization losing its right to send delegates pursuant to this subsection may reapply any subsequent year according to the procedures set forth in (a) through (c) above.

History

Amended by 46 N.J.R. 1631(a), effective 7/7/2014.

N.J. Admin. Code § 2:1-1.4 Rules of governance at the State Agricultural Convention

All sessions held during the Annual State Agricultural Convention will be governed by Roberts' Rules of Order.

History

New Rule, R. 2006 d.379, effective 11/6/2006.
See: 38 N.J.R. 1896(b), 38 N.J.R. 4687(a).

Subchapter 2 ORGANIZATION

N.J. Admin. Code § 2:1-2.1 Department responsibilities

The State Department of Agriculture is responsible for development, regulatory, service, promotion and information programs in support of agriculture and agribusiness and those natural and renewable resources associated with agriculture and open lands for the benefits of all citizens as prescribed in Titles 4, 5, 13, 24, 54 and other applicable titles in the New Jersey Statutes Annotated.

N.J. Admin. Code § 2:1-2.2 Tables of organization

Tables showing the organization of the Department and the major sections within each Division are appended to the end of this chapter.

N.J. Admin. Code § 2:1-2.3 Functions of departmental units

(a) Functions of the various units within the State Department of Agriculture are as follows:

The State Board of Agriculture is the head of the Department and consists of eight farmers of the State engaged in the production of farm crops or livestock. The State Board of Agriculture, with the approval of the Governor, appoints the Secretary of Agriculture who serves as the principal executive officer of the Department and secretary to the Board. The Board has the authority to establish rules and regulations for its own proceedings and for the government, control and program performance of the Department.
The Office of the Secretary is responsible for, including but not limited to, executive management, policy development, personnel, budget, information technology, facilities management, legislative liaison, public information programs, and legal services for the Department and the State Board of Agriculture.
The Office of Operations provides personnel, budget, accounting, training, information technology, facilities management and administrative support services to the Divisions.

4.The Division of Marketing and Development: operates programs which foster a stable and competitive dairy industry; conducts quality assurance programs for agricultural inputs; regulates credit buyers of perishable agricultural products; performs agricultural product grading and inspection; and promotes food safety by conducting third-party audits on fresh produce. The Division of Marketing and Development is accredited by USDAs National Organic Program to certify growers and handlers wishing to sell agricultural products under the organic designation and administers an organic registration program, which monitors all sectors of the organic industry in New Jersey. The Division of Marketing and Development also provides market development services; market news; support for agricultural cooperatives, fairs, and shows; equine programs; and product promotions.

The Division of Plant Industry is responsible for programs to detect, prevent, control and eradicate pests and diseases of plants, trees and bees; conducts beneficial insect development and production; and provides seed certification and control.
The Division of Agricultural and Natural Resources provides programs and services to support farming, agricultural and rural development, soil and water conservation, agricultural statistics, agricultural economic viability, aquaculture/fish/seafood development, and agricultural education and youth agricultural leadership.
Functions of units assigned to the State Department of Agriculture are as follows:

i. The State Agriculture Development Committee is independent of, but allocated within, the Department of Agriculture. It administers the State Farmland Preservation Program, which permanently protects farmland by funding easement purchases, largely in cooperation with county and local governments and nonprofit organizations. The Committee also administers a soil and water cost sharing program for owners of preserved farms, staffs the Transfer of Development Rights Bank and operates the Farm Link Program which matches farm sellers with potential buyers; and administers the Right-to-Farm program.

The Division of Food and Nutrition distributes Federal donated food to schools, institutions and qualified individuals. State and Federal reimbursements are paid to school districts for part of the cost of school lunches and Federal funds are paid to offset part of the cost of school breakfasts.

History

Amended by 46 N.J.R. 1631(a), effective 7/7/2014.

Subchapter 3 RULES OF PRACTICE

N.J. Admin. Code § 2:1-3.1 Purpose of rules of practice

The State Board of Agriculture and the New Jersey Department of Agriculture, in order to more fully represent and carry out their duties and functions, adopts this subchapter as its rules of practice.

N.J. Admin. Code § 2:1-3.2 Development of rules

(a) Rules shall be clear and concise to encourage the maximum amount of voluntary compliance by those who are regulated.

(b) Rules may be established by the Board for its own proceedings, for the governing and control of the Department, its programs, and the officers and employees of the Department.

(c) The Department shall provide the maximum amount of public participation in the review of existing or establishment of proposed rules. This shall include, but not be limited to, the use of advisory groups in rule development activities.

History

Amended by R.1995 d.566, effective 11/6/1995.
See: 27 N.J.R. 2825(a), 27 N.J.R. 4279(b).
Amended by R.2006 d.379, effective 11/6/2006.
See: 38 N.J.R. 1896(b), 38 N.J.R. 4687(a).
In (c), inserted ", but not be limited to,".

N.J. Admin. Code § 2:1-3.3 Public notice regarding proposed rulemaking

(a) The Department shall provide for the following four types of public notice for all rule proposals in accordance with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30:

The notice of proposal shall be filed with the Office of Administrative Law for publication in the New Jersey Register;
The notice of proposal shall be posted and made available electronically on the Department's website no later than the date of publication of the notice in the New Jersey Register;
The news media maintaining a press office in the State House Complex shall be provided notice of the proposal, as posted and made available electronically on the Department's web site; and
The notice of proposal, as filed with the Office of Administrative Law, or a statement of the substance of the proposed rulemaking, shall be made available to the public by an additional manner reasonably calculated to inform those persons most likely to be affected or interested in the proposed rulemaking.

i. The additional method of publicity shall include information on the time, place and manner in which interested persons may present comments and any of the following:

(1) The full text of the proposed rulemaking;

(2) A statement of the substance of the proposed rulemaking; or

(3) A description of the subject and issues involved.

ii. The additional method of publicity with regard to all rule proposals shall be by one or more of the following:

(1) Mailing to a distribution list, when known, organized entities exist that are the subject of or significantly related to the proposed rulemaking;

(2) Distribution of a press release to the news media;

(3) Trade, industry, government, or professional publications; or

(4) Notice published on the Department's website consistent with (a)2 above.

(b) Notice pursuant the methods described at (a)2, 3, and 4 above shall be provided at least 30 days prior to the close of the public comment period.

History

Repeal and New Rule, R.2002 d.158, effective 5/20/2002.
See: 34 N.J.R. 3(a), 34 N.J.R. 1853(a).
Section was "Procedure to petition for a rule".
Amended by R.2006 d.379, effective 11/6/2006.
See: 38 N.J.R. 1896(b), 38 N.J.R. 4687(a).
In (a)1, substituted "notice of" for "rule"; in (a)2 and (a)4, deleted "the rule" preceding "proposal"; in (a)2, substituted "website" for "web site"; in (a)3, deleted "rule" preceding "proposal"; and in (a)4ii, substituted "one or more of the following" for "either".

N.J. Admin. Code § 2:1-3.4 Public comments regarding existing rules and proposed rulemaking

(a) The Department conducts an ongoing regulatory review and invites public comments regarding all Department rules (N.J.A.C. Title 2). The Department's rulemaking includes all rules adopted after the official public comment period and emergency rules in accord with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, and all rules effective immediately upon filing with the Office of Administrative Law in accord with specific legislative authority.

(b) Public comments are specifically sought regarding existing Department rules that may be perceived as being not necessary, adequate, reasonable, efficient, understandable, or responsive to the purposes for which they were promulgated. Public comments regarding existing rules should be submitted in writing and addressed to either the specific relevant division of the Department or the Department at:

New Jersey Department of Agriculture

Office of the Secretary

PO Box 330

Trenton, New Jersey 08625-0330

or at ContactAg@ag.state.nj.us

(c) The Department invites the public to utilize the opportunity to be heard during the official public comment period following the publication of a notice of pre-proposal or proposal in the New Jersey Register by means of submitting in writing, data, views, or arguments to the name and unit and mailing address or email address specified in the notice, which is also provided with the proposed rule at http://www.state.nj.us/agriculture/rule.

History

Amended by 46 N.J.R. 1631(a), effective 7/7/2014.

N.J. Admin. Code § 2:1-3.5 Department rulemaking calendar

(a) In compliance with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, the Department shall publish a quarterly rulemaking calendar in the New Jersey Register setting forth a schedule of the Department's anticipated rulemaking proposal activities for the next six months. The calendars shall be published in the first New Jersey Register for the months of January, April, July and October. The provisions of this subsection shall not apply to rulemakings where one of the exceptions exist, as set forth in N.J.A.C. 1:30-3.3.

(b) The rulemaking calendar shall include:

The name of the Department;
The name of the Commissioner, as agency head;
Specific citation to the rules to be affected;
Citation to the legal authority authorizing the rulemaking action;
A synopsis of the rulemaking and its objective or purpose; and
The month and year in which publication of the notice of proposal in the New Jersey Register is anticipated.

(c) Calendar amendments and exceptions shall be handled by the Department in accord with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30.

(d) The Department rulemaking calendar, as filed with the Office of Administrative Law, as with notices of rule proposals in accord with N.J.A.C. 2:1-3.2(a)3, shall be posted and made available electronically on the Department's web site.

(e) The additional method of publicity with regard to availability of the Department's rulemaking calendar shall be by providing notice of the rulemaking calendar, as posted and made available electronically on the Department's web site, to the major news media maintaining a press office in the State House Complex.

History

New Rule, R.2002 d.158, effective 5/20/2002.
See: 34 N.J.R. 3(a), 34 N.J.R. 1853(a).
Former N.J.A.C. 2:1-3.5, Instructions for departmental forms on file, recodified to N.J.A.C. 2:1-3.11.
Amended by R.2006 d.379, effective 11/6/2006.
See: 38 N.J.R. 1896(b), 38 N.J.R. 4687(a).
In (a), inserted the last sentence.

N.J. Admin. Code § 2:1-3.6 Extension of the public comment period

(a) The Department, in accord with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, may extend the time for submission of public comments on a proposed rulemaking, at its discretion, without the need for a specific request or the demonstration of sufficient public interest.

(b) The Department, in accord with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, shall extend the time for submission of public comments for an additional 30-day period, if, within 30 days of the publication of a notice of proposal, sufficient public interest is demonstrated in an extension of time to submit comments.

When one or more agricultural organizations having representation by a delegate to the Annual State Agricultural Convention, in accordance with N.J.S.A. 4:1-6, have expressed the need for the extension of the comment period; or
When 10 or more persons have expressed the need for the extension of the comment period.

History

New Rule, R.2002 d.158, effective 5/20/2002.
See: 34 N.J.R. 3(a), 34 N.J.R. 1853(a).
Former N.J.A.C. 2:1-3.6, Information required from the public, recodified to N.J.A.C. 2:1-3.12.
Amended by R.2006 d.379, effective 11/6/2006.
See: 38 N.J.R. 1896(b), 38 N.J.R. 4687(a).
In (c)1, substituted "having" for "have".

N.J. Admin. Code § 2:1-3.7 Conducting a public hearing

(a) The Department, in accord with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, may conduct a public hearing on a proposed rulemaking, at its discretion, without the need for a specific request or the demonstration of sufficient public interest.

(b) The Department, in accord with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30, shall conduct a public hearing on a proposed rulemaking at the request of a Legislative Committee, a State agency, or a county, local or municipal government entity, if such request is made to the Department within 30 days following publication of the proposed rulemaking, or if sufficient public interest is demonstrated.

(c) Sufficient public interest is demonstrated with regard to the conducting of a public hearing when the following occurs:

When two or more agricultural organizations having representation by a delegate to the Annual State Agricultural Convention, in accordance with N.J.S.A. 4:1-6, have expressed the need for a public hearing; or
When 25 or more persons have expressed the need for a public hearing.

(d) The Department shall not consider, in the calculation of the number of comments received, those comments that relate to specific recommended changes in the rule that the Department has agreed to make or does not have the legal authority to make.

History

New Rule, R.2002 d.158, effective 5/20/2002.
See: 34 N.J.R. 3(a), 34 N.J.R. 1853(a).
Former N.J.A.C. 2:1-3.7, Information available to public, recodified to N.J.A.C. 2:1-3.13.
Amended by R.2006 d.379, effective 11/6/2006.
See: 38 N.J.R. 1896(b), 38 N.J.R. 4687(a).
In (c)1 and (c)2, substituted "a public hearing" for "the extension of the comment period".

N.J. Admin. Code § 2:1-3.8 Procedure to petition for a rule

(a) The Department shall take appropriate action with regard to petitions for rulemaking to ensure compliance with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30.

(b) An interested person may petition the Department, in writing, to adopt a new rule or amend or repeal an existing rule. All petitions shall be clearly and concisely worded and include the following:

The substance or nature of the rulemaking which is requested (proposed text material may be provided);
The reasons for the request and the petitioner's interest in the request;
References to the authority of the Department to take the requested action; and
The full name and address of the petitioner.

(Insert Division Name) New Jersey Department of Agriculture

Office of the Secretary

PO Box 330

Trenton, New Jersey 08625-0330

or the Department at ContactAg@ag.state.nj.us

History

Amended by 46 N.J.R. 1631(a), effective 7/7/2014.

N.J. Admin. Code § 2:1-3.9 Department action upon receipt of petition

(a) Any material submitted to the Department that is not in substantial compliance with these rules shall not be deemed to be a petition for rulemaking requiring further Department action pursuant to this subchapter, the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30.

(b) The Department shall take appropriate, timely action upon receipt of a petition for rulemaking in accord with the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Office of Administrative Law Rules for Agency Rulemaking, N.J.A.C. 1:30. This action shall include the following:

The petition shall be date stamped and logged;
The petition shall be referred to the relevant Division or handled at the Department level as deemed appropriate;
Within 15 days of initial receipt, notice of receipt of the petition shall be filed with the Office of Administrative Law for publication in the New Jersey Register. The notice of petition shall include:

i. The name of the petitioner;

ii. The substance or nature of the rulemaking action which is requested;

iii. The problem or purpose which is the subject of the request; and

iv. The date the petition was received.

The Department action on a petition shall be either to:

i. Deny the petition;

ii. Grant the petition and initiate a rulemaking proceeding within 90 days of the granting of the petition; or

iii. Refer the matter for further deliberations which shall conclude within 90 days of such referral. Upon conclusion of such further deliberations, the Department shall either deny the petition or grant the petition and initiate a rulemaking proceeding within 90 days. The Department shall mail the results of these further deliberations to the petitioner and submit results to the Office of Administrative Law for publication in the New Jersey Register.

(c) The Department shall mail to the petitioner, and file with the Office of Administrative Law for publication in the New Jersey Register, a notice of action on the petition within 60 days of initial receipt of the petition. The notice of action shall include:

The name of the petitioner;
The Register citation for the notice of petition;
The signature of the Commissioner, as agency head, signifying that the petition was duly considered pursuant to law;
The nature or substance of the Department action upon the petition; and
A brief statement of reasons for the Department action.

History

New Rule, R.2002 d.158, effective 5/20/2002.
See: 34 New Jersey Register 3(a), 34 New Jersey Register 1853(a).

N.J. Admin. Code § 2:1-3.10 Hearings

(a) Any person who feels aggrieved by any action or inaction of the Department may request an informal meeting with the Department to settle any dispute, or seek clarification of the Department's rules and regulations. The Department shall respond, in writing, as to the results of such a meeting stating the reasons for its determination.

(b) If any dispute is required by law or regulation to be heard formally, or if the Department determines the matter a contested one, the matter shall be treated in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Such disputes will be referred to the Office of Administrative Law for hearing.

History

Amended by R.1995 d.566, effective 11/6/1995.
See: 27 New Jersey Register 2825(a), 27 New Jersey Register 4279(b).
Recodified from N.J.A.C. 2:1-3.4 by R.2002 d.158, effective 5/20/2002.
See: 34 New Jersey Register 3(a), 34 New Jersey Register 1853(a).

N.J. Admin. Code § 2:1-3.11 Instructions for department forms on file

A description and instructions for use of the forms used in carrying out the Departments responsibilities may be obtained from the Office of the Secretary, Department of Agriculture, PO Box 330, Trenton, NJ 08625-0330 or http://www.state.nj.us/agriculture.

History

Amended by 46 N.J.R. 1631(a), effective 7/7/2014.

N.J. Admin. Code § 2:1-3.12 Information required from the public

In the performance of its duties, the Department may require from affected members of the public certain information for the purposes of establishing a unique means of identifying its records. This unique identifying information shall be deemed confidential and not a public record and is not accessible for public examination, review or reproduction pursuant to the Open Public Records Act (N.J.S.A. 47:1A-1 et seq.).

History

New Rule, R.1995 d.566, effective 11/6/1995.
See: 27 N.J.R. 2825(a), 27 N.J.R. 4279(a).
Recodified from N.J.A.C. 2:1-3.6 by R.2002 d.158, effective 5/20/2002.
See: 34 N.J.R. 3(a), 34 N.J.R. 1853(a).
Amended by R.2006 d.379, effective 11/6/2006.
See: 38 N.J.R. 1896(b), 38 N.J.R. 4687(a).
Substituted "Open Public Records Act" for "'Right to Know Law'".

N.J. Admin. Code § 2:1-3.13 Information available to public

(a) The public may obtain complete information or make submissions or requests concerning any Departmental programs by contacting the Office of the Secretary, Department of Agriculture, PO Box 330, Trenton, NJ 08625-0330, ContactAg@ag.state.nj.us, or through http://www.state.nj.us/agriculture.

(b) An annual report of all Department activities is made to the Governor and Legislature. Copies are available from the Public Information Office, N.J. Department of Agriculture, PO Box 330, Trenton, NJ 08625-0330 or http://www.nj.gov/agriculture/pub/general.html.

History

Amended by 46 N.J.R. 1631(a), effective 7/7/2014.

N.J. Admin. Code § 2:1-3.14 Public records; copies; fees

(a) All records which are required by law to be made, maintained, or kept on file shall be considered public records. This includes records of all public meetings of the New Jersey State Board of Agriculture and all other Boards, Committees or Councils of the Department. Such records are available for reasonable inspection, under supervision, during regular working hours at the main offices of the New Jersey Department of Agriculture, John Fitch Plaza, Trenton, New Jersey.

(b) Any person may obtain copies of public records by written request upon payment of a fee as set forth below. If the actual cost for duplication of the records exceeds the rates set forth in this subsection, the person will be charged the actual cost of duplicating the record.

$ .05 per page that is letter size or smaller; and
$ .07 per page that is legal size or larger.

(c) The Department may charge the costs of any delivery service over and above ordinary Postal Service rates for any requested overnight, express or other special delivery service.

(d) Records may be requested for transmittal by a telefacsimile machine upon payment, for cost reimbursement, at the same rate as in (b) above.

(e) Records may be requested for transmittal by a data storage device upon payment, for actual cost reimbursement.

(f) Records may be requested for transmittal by electronic mail upon payment, for cost reimbursement, equal to the cost of preparing the document for transmittal.

(g) Payment shall be made by check payable to the New Jersey Department of Agriculture.

History

Amended by 46 N.J.R. 1631(a), effective 7/7/2014.

Subchapter 4 DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE

N.J. Admin. Code § 2:1-4.1 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"ADA" means the Americans with Disabilities Act, 42 U.S.C.A. § 12101 et seq.

"Agency" means the New Jersey Department of Agriculture.

"Designated decision maker" means the Secretary of Agriculture or his or her designee.

N.J. Admin. Code § 2:1-4.2 Purpose

(a) These rules are adopted by the agency in satisfaction of the requirements of the ADA and regulations promulgated pursuant thereto, 28 C.F.R. 35.107.

(b) The purpose of these rules is to establish a designated coordinator whose duties shall include assuring that the agency complies with and carries out its responsibilities under the ADA. Those duties shall also include the investigation of any complaint filed with the agency pursuant to N.J.A.C. 2:1-4.5 through 4.8.

N.J. Admin. Code § 2:1-4.3 Required ADA notice

In addition to any other advice, assistance or accommodation provided, a copy of the following notice shall be given to anyone who inquires regarding the agency's compliance with the ADA or the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency.

AGENCY NOTICE OF ADA PROCEDURE

The agency has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act. Title II states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from participation in, be denied the benefits of or be subjected to discrimination" in programs or activities sponsored by a public en tity. 28 CFR 35.130(a).

Rules describing and governing the internal grievance procedure can be found in the New Jersey Administrative Code, N.J.A.C. 2:1-4. As those rules indicate, complaints should be addressed to the agency's designated ADA coordinator, who has been designated to coordinate ADA compliance efforts, at the following address: ADA Coordinator

New Jersey Department of Agriculture

PO Box 330

Trenton, New Jersey 08625-0330

A complaint may be filed in writing or orally, but should contain the name and address of the person filing it, and briefly describe the alleged violation. A form for this purpose is available from the designated ADA coordinator. In cases of employment related complaints, the procedures established by the Department of Personnel, N.J.A.C. 4A:7-1.1 et seq. will be followed where applicable.
A complaint should be filed promptly within 20 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before this grievance procedure was in place will be considered on a case-by-case basis).
An investigation, as may be appropriate, will follow the filing of a complaint. The investigation will be conducted by the agency's designated ADA Coordinator. The rules contemplate informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
In most cases a written determination as to the validity of the complaint and a description of the resolution, if any, will be issued by the designated decision maker and a copy forwarded to the complainant no later than 45 days after its filing.
The ADA coordinator will maintain the files and records of the agency relating to the complaints filed.
The right of a person to a prompt and equitable resolution of the complaint filed hereunder will not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible Federal department or agency or the New Jersey Division on Civil Rights. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.
The rules will be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the agency complies with the ADA and implementing Federal rules.

History

Amended by R.2001 d.115, effective 4/2/2001.
See: 33 N.J.R. 149(a), 33 N.J.R. 1081(a).
In address, substituted "PO Box" for "CN" and inserted "-0330".
Amended by R.2006 d.379, effective 11/6/2006.
See: 38 N.J.R. 1896(b), 38 N.J.R. 4687(a).
At the end of the first paragraph of the "AGENCY NOTICE OF ADA PROCEDURE", inserted CFR reference.

N.J. Admin. Code § 2:1-4.4 Designated ADA coordinator

(a) The designated coordinator of ADA compliance and complaint investigation for the agency is:

ADA Coordinator

New Jersey Department of Agriculture

PO Box 330

Trenton, New Jersey 08625-0330

(b) All inquiries regarding the agency's compliance with the ADA and the availability of accommodation which would allow a qualified individual with a disability to receive services or participate in a program or activity provided by the agency should be directed to the designated coordinator identified in (a) above.

(c) All complaints alleging that the agency has failed to comply with or has acted in a way that is prohibited by the ADA should be directed to the designated ADA coordinator identified in this section, in accordance with the procedures set forth in N.J.A.C. 2:1-4.5 through 4.8.

History

Amended by R.2001 d.115, effective 4/2/2001.
See: 33 New Jersey Register 149(a), 33 New Jersey Register 1081(a).
In address, substituted "PO Box" for "CN"; inserted "-0330".

N.J. Admin. Code § 2:1-4.5 Complaint procedure

A complaint alleging that the agency has failed to comply with the ADA or has acted in a way that is prohibited by the ADA shall be submitted either in writing or orally to the designated ADA coordinator identified in N.J.A.C. 2:1-4.4. A complaint alleging employment discrimination will be processed pursuant to the rules of the Department of Personnel, N.J.A.C. 4A:7-1.1 through 3.4, if those rules are applicable.

N.J. Admin. Code § 2:1-4.6 Complaint contents

(a) A complaint submitted pursuant to this subchapter may be submitted in or on the form set forth at N.J.A.C. 2:1-4.7.

(b) A complaint submitted pursuant to this subchapter shall include the following information:

The name of the complainant, and/or any alternate contact person designated by the complainant to receive communication or provide information for the complainant;
The address and telephone number of the complainant or alternate contact person; and
A description of manner in which the ADA has not been complied with or has been violated, including times and locations of events and names of witnesses if appropriate.

N.J. Admin. Code § 2:1-4.7 Complaint form

The following form may be utilized for the submission of a complaint pursuant to this subchapter:

Americans with Disabilities Act Grievance Form

Date:

.....................................................................

Name of grievant:

.....................................................................

Address of grievant:

.....................................................................

Telephone number of grievant:

.....................................................................

Disability of grievant:

.....................................................................

Name, address and telephone number

of alternate contact person:

.....................................................................

Agency alleged to have denied access:

Department:

.....................................................................

Division:

.....................................................................

Bureau or office:

.....................................................................

Location:

.....................................................................

Incident or barrier:

Please describe the particular way in which you believe you have been denied the benefits of any service, program or activity or have otherwise been subject to discrimination. Please specify dates, times and places of incidents, and names and/or positions of agency employees involved, if any, as well as names, addresses and telephone numbers of any witnesses to any such incident. Attach additional pages if necessary.

.....................................................................

Proposed access or accommodation:

If you wish, describe the way in which you feel access may be had to the benefits described above, or that accommodation could be provided to allow access.

.....................................................................

A copy of the above form may be obtained by contacting the designated ADA coordinator identified at N.J.A.C. 2:1-4.4.

N.J. Admin. Code § 2:1-4.8 Investigation

(a) Upon receipt of a complaint submitted pursuant to this subchapter, the designated ADA coordinator will notify the complainant of the receipt of the complaint and the initiation of an investigation into the matter. The designated ADA coordinator will also indicate a date by which it is expected that the investigation will be completed, which date shall not be later than 45 days from the date of receipt of the complaint, unless a later date is agreed to by the complainant.

(b) Upon completion of the investigation, the designated ADA coordinator shall prepare a report for review by the designated decision maker for the agency. The designated decision maker shall render a written decision within 45 days of receipt of the complaint, unless a later date is agreed to by the complainant, which decision shall be transmitted to the complainant and/or the alternate contact person if so designated by the complainant.

Chapter 2 DISEASE CONTROL PROGRAM

Subchapter 1 REPORTABLE DISEASES

N.J. Admin. Code § 2:2-1.1 Enumeration of diseases and agents contagious, infectious, or hazardous to the health of livestock, poultry, aquaculture, or animals raised for fur

(a) The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Aquaculture" means the propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environment, and their subsequent processing, packaging and marketing, and shall include, but need not be limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators.

"Aquatic organism" means an animal or plant of any species or hybrid thereof and includes gametes, seeds, eggs, sperm, larvae, juvenile and adult stages any of which is required to be in water during that stage of its life. This definition does not include birds and mammals.

"Aquatic species" means any species of fish, mollusk, crustacean, other aquatic invertebrate, amphibian, reptile or aquatic plant, but is not limited to fish and fishes.

"Cattle" includes cattle, calves, bison, buffalo and other domesticated Bovinae.

"Foreign animal disease (FAD)" is defined as an important transmissible livestock or poultry disease believed to be absent from the United States and its territories that has a potential significant health or economic impact.

"Hog Cholera" means Classical Swine Fever. "Horses" includes horses, ponies, donkeys and mules and miniature breeds.

"Livestock" means cattle, horses, swine, small ruminants, rabbits and poultry.

"Poultry" includes chickens, roosters, capons, hens, ducks, geese, turkeys, pigeon and guinea fowl (N.J.S.A. 4:5-94) and ratites (N.J.S.A. 4:2-17).

"Rabbits" include all rabbit breeds used or intended for food or fiber.

"Select agents (S. agent)" are biological agents and toxins that have the potential to pose a severe threat to public health and safety.

"Small ruminants" include sheep, goats, llama, alpaca, and farm-raised cervidae.

"Swine" include domestic and exotic porcine breeds.

"USDA-APHIS" means the United States Department of Agriculture-Animal and Plant Health Inspection Service which is responsible for protecting and promoting United States agricultural health, protecting America's animal and plant resources from agricultural pests and diseases, threats to our food supply, administering the Animal Welfare Act, and carrying out wildlife damage management activities.

"USDA HCLD" means United States Department of Agriculture list of High Consequence Livestock Diseases whichinclude agents or toxins deemed a severe threat to animal or plant health or products.

"World Organisation for Animal Health (WOAH)" is an intergovernmental organization created by the International Agreement of January 25, 1924, signed by 28 countries, to ensure transparency in the global animal disease situation, to collect, analyze, and disseminate veterinary scientific information, to provide expertise and encourage international solidarity in the control of animal diseases, within its mandate pursuant to the World Trade Organization SPS (Sanitary/PhytoSanitary) Agreement, to safeguard world trade by publishing health standards for international trade in animals and animal products, and to improve the legal framework and resources of national veterinary services.

(b) The following diseases and agents are designated as a particular and dangerous menace to the animal health of the State. The chart below identifies categories of diseases and identifies the source location for these diseases. Diseases may be included on several or none of these lists. Those diseases not included on any list remain significant to animal health in the State of New Jersey and are therefore included in the chart.

| Multiple | Species | Diseases | FAD | S | OIE | | --- | --- | --- | --- | --- | --- | | Agent | HCLD | | | | | | Aflatoxin | | | | | | | African Animal Trypanosomiasis | X | X | | | | | Aujesky's disease (Psuedorabies) | X | | | | | | Bluetongue/Epizootic Hemorrhagic Dz | X | X | X | | | | Botulism | X | | | | | | Burkholderia (pseudomallei, mallei) | X | X | | | | | Campylobacteriosis | X | | | | | | Coccidiomycosis | X | | | | | | Echinococcus/hyatidosis | X | | | | | | Foot and Mouth disease | X | X | X | | | | Foreign Pests and Vectors of Arthropod-borne disease | X | X | | | | | Hantavirus | | | | | | | Heartwater | X | X | X | | | | Leptospirosis | X | | | | | | Lumpy skin disease | X | X | X | | | | New and Old World Screwworm | X | X | | | | | Nipah Virus | X | X | X | | | | Orthopox virus (Monkey Pox, Camel Pox) | Pox | Pox | X | | | | Paratuberculosis | X | | | | | | Plague (Yersinia pestis) | X | | | | | | Q fever (Coxiella brunetti) | Cox | Cox | | | | | Rabies | X | X | | | | | Ricin | X | | | | | | Rift Valley Fever | X | X | X | X | | | Salmonellosis | X | | | | | | Tuberculosis | X | X | | | | | Tularemia (Francisella tularensis) | X | | | | | | Vesicular stomatitis | X | X | X | | | | Viral Hemorrhagic diseases | X | | | | | | Hemorrhagic Septicaemia | X | | | | | | Toxin (Shigatoxin (STEC e.coli), | Tox | X | | | | | Staphylococcal enterotoxins,T-2 toxin) | | | | | |

| Diseases | infectious | to | livestock | FAD | S | | --- | --- | --- | --- | --- | --- | | Agent | HCLD | | | | | | Akabane | X | X | | | | | African Horse Fever | X | X | | | | | African Swine Fever | X | X | X | | | | Anaplasmosis | X | | | | | | Anthrax | rax | rax | | | | | Bovine Ephemeral Fever | X | X | X | | | | Brucellosis | X | X | X | | | | Cattle tick fever (Babesiosis) | X | | | | | | Caprine Arthritis Encephalisis (CAE) | X | | | | | | Classical Swine Fever | X | X | X | | | | Contagious Agalactia of Sheep and Goats | X | X | | | | | Contagious Bovine Plueropneumonia | X | X | | | | | Contagious equine metritis (CEM) | X | X | | | | | Contagious Caprine Plueroneumonia | X | X | | | | | Cysticercosis | X | | | | | | Dourine | X | X | | | | | East Cost Fever | X | | | | | | Epizootic Lymphangitis | X | X | | | | | Equine Morbillivirus Pheumonia | X | | | | | | Equine Piroplasmosis | X | | | | | | Equine infectious anemia (EIA) | X | | | | | | Equine rhinopneumonitis (EHV-1, EHV-4) | X | | | | | | Equine viral encephalitis | X | X | | | | | Erysipelas in swine | X | | | | | | Glanders | X | X | | | | | Hendra Virus | X | X | X | | | | Louping III | X | | | | | | Maedi-Visna | X | | | | | | Malignant Catarrhal Fever | X | X | X | | | | Meliodiosis | | | | | | | Menangle Virus | X | | | | | | MyxoplAM (Capricolum/M.F38/mycoides | X | | | | | | mycoides, mycoides capri) | | | | | | | Mucosal disease complex | | | | | | | Nairobi Sheep Disease | X | X | | | | | Parafilariasis in cattle | X | | | | | | Porcine reproductive and respiratory | X | | | | | | syndrome (PRRS) | | | | | | | Peste Des Petits Ruminants | X | X | X | | | | Rabies | X | | | | | | Rinderpest | X | X | X | | | | Sheep and Goat Pox | Pox | Pox | X | | | | Swine Vesicular Diseases | X | X | | | | | Transmissable spongiform | X | X | X | | | | encephalopathies (TSEs) | | | | | | | Trichinellosis | X | | | | | | Trichomonosis | X | | | | | | Tuberculosis (Mycobacterium avium, Mycobacterium bovis, and Mycrobacterium tuberculosis) | X | | | | | | Vesicular Exanthema | ex | | | | |

| Diseases | infectious | to | FAD | S | OIE | | --- | --- | --- | --- | --- | --- | | poultry | Agent | HCLD | | | | | Asian tapeworm (Bothriocephalus | | | | | | | acheilognathi) | | | | | | | Avian infection bronchitis | X | | | | | | Avian infectious laryngotracheitis | X | | | | | | Avian influenza | X | 2X | X | | | | Avian mycoplasmosis | X | | | | | | Exotic New Castle Disease (VVND) | X | Ex | X | | | | Duck virus enteritis | X | 2X | | | | | Erysipelas in poultry | | | | | | | Fowl cholera | X | | | | | | Fowl typhoid (Salmonella gallinarum) | X | | | | | | Paracolon infestation | | | | | | | Paratyphoid infection (Salmonella | | | | | | | paratyphi) | | | | | | | Psittacosis (ornithosis, chlamydiosis) | X | | | | | | Pullorum (Salmonella pullorum) | X | | | | | | Salmonella enteriditis | | | | | |

| Diseases | infectious | to | aquaculture | FAD | S. | OIE | | --- | --- | --- | --- | --- | --- | --- | | Agent | HCLD | | | | | | | Bacterial kidney disease (Renibacterium | X | | | | | | | salmonarium | | | | | | | | Baculovirus pennaci and other | | | | | | | | Baculovirus species | | | | | | | | Channel catfish virus | | | | | | | | Disseminated neoplasia blue mussel | | | | | | | | Enteric Redmouth (Yersinia ruckeri) | | | | | | | | Enteric septicemia of catfish | X | | | | | | | (Edwardsiella tarda, Icctalari) | | | | | | | | Epizootic hematopoietic necrosis | X | | | | | | | Furunculosis (Aeromonas salmonicida) | | | | | | | | Infectious hematopoietic necrosis | X | | | | | | | Infectious pancreatic necrosis virus | | | | | | | | Juvenile oyster disease | | | | | | | | Koi herpes virus | | | | | | | | Non-endemic Protozoan and Metazoan | | | | | | | | parasites of finfish | | | | | | | | Onchorychus masou virus disease | | | | | | | | Perkinsus chesapeaki | | | | | | | | Pleistophora ovariae in baitfish | | | | | | | | Streptococcus iniae and other | | | | | | | | streptococcus species of finfish | | | | | | | | Spring Viremia of carp | | | | | | | | Taura virus | X | | | | | | | Viral encephalopathy and retinopathy | | | | | | | | Whirling disease (Myxobolus cerebralis) | | | | | | | | White spot disease virus | X | | | | | | | Yellowhead disease | X | | | | | | | Proliferative kidney disease | | | | | | | | Viral hemorraghic septicemia | X | X | | | | |

(c) In addition to the diseases listed at (b) above, all other foreign animal diseases and emerging diseases that pose a threat to the health of livestock, poultry, aquaculture, or animals raised for fur in the State as designated by USDA APHIS Title 9 CFR, CDC, WOAH, or USDA APHIS emergency declarations must also be reported.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 N.J.R. 2419(a), 21 N.J.R. 154(a).
Repealed (a)1viii-viii, xii-xv, xx and recodified accordingly; added new xv. In (a)2, repealed i-ii and added new i; repealed ix and added new viii; recodified accordingly.
Amended by R.2005 d.288, effective 9/6/2005.
See: 37 N.J.R. 1271(a), 37 N.J.R. 3281(a).
Rewrote the rule heading, added new (a), recodified former (a) as (b) and rewrote subsection, and added (c).
Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
Section was "Enumeration of diseases and agents contagious, infectious, or hazardous to the health of livestock, poultry, aquaculture, or animals raised for fur". In definition "Cattle" in (a), substituted "Bovinae" for "Bovidae"; in (a), added definition "Hog Cholera"; and in (b), inserted entry "Rabies" in the Multiple Species Diseases table.

N.J. Admin. Code § 2:2-1.2 Provision for Statement of Imminent Peril

Whenever a disease outbreak occurs in New Jersey or in neighboring states that has all the symptoms of being severely devastating by contagious or infectious properties, the Secretary of Agriculture may immediately issue a Statement of Imminent Peril and take necessary steps to prevent spread of the disease to New Jersey livestock and poultry.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).

N.J. Admin. Code § 2:2-1.3 Provision for epidemic of emergent proportion

Whenever a disease outbreak occurs in New Jersey that appears severely devastating and contagious, the Secretary of Agriculture may declare an epidemic of emergent proportion exists and take whatever steps may be necessary to prevent its spread even before the causative agent may be identified.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).

N.J. Admin. Code § 2:2-1.4 Indemnification

The Division of Animal Health shall have the authority to destroy or order sent to slaughter any animals it deems necessary to prevent the spread of the diseases that threaten the viability of the industry. For each animal slaughtered to prevent the spread of disease, the owner shall receive the net proceeds, if any, of the sale of the animal and in addition, if funds are available shall be paid an indemnity not to exceed the market value of the animal, if funds for such indemnity are provided.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).

N.J. Admin. Code § 2:2-1.5 Notice of existence of dangerous diseases

Any veterinarian or other person (including but not limited to any auctioneer, broker, dealer, licensed swine farmer, racing commission official, extension agent, etc.) who shall gain knowledge of the existence or suspected existence of such diseases, as set forth in N.J.A.C. 2:2-1.1, within the State shall notify the Department of Agriculture without delay, and in any case within 48 hours.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Added text "including but not ... extension agent, etc."

Subchapter 2 BRUCELLOSIS CONTROL AND ERADICATION

N.J. Admin. Code § 2:2-2.1 Scope

This subchapter concerns vaccination, testing, quarantine, disposition of reactors, and indemnification of brucellosis reactors. All rules apply to bovine animals. Milk-producing goats and swine are exempt from the requirements for official vaccination, but all other rules must be met. Except as otherwise indicated, swine are subject to all rules in this subchapter.

History

Amended by R.1982 d.237, effective 8/2/1982.
See: 14 New Jersey Register 487(b), 14 New Jersey Register 833(a).
Swine included within scope.
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Substantially amended.

N.J. Admin. Code § 2:2-2.2 Official calfhood Brucella vaccination

Only USDA-approved Brucella vaccine shall be used for official calfhood Brucella vaccination. Such dosage shall be administered in conformity with the uniform methods and rules of the bovine brucellosis eradication program as published by the United States Department of Agriculture APHIS 91-45-013.

History

Amended by R.1981 d.173, effective 6/4/1981.
See: 13 New Jersey Register 114(b), 13 New Jersey Register 318(a).
Deleted injection requirement of five cubic centimeters of vaccine per animal, and added "such dosage ... APHIS-91-1."
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Deleted "Brucella abortus vaccine and substituted "USDA approved Brucella vaccine".

N.J. Admin. Code § 2:2-2.3 Vaccination of female bovine animals

(a) Female bovine animals will be considered to be officially calfhood Brucella vaccinated only when all of the requirements below are met:

Approved Brucella abortus vaccine shall be properly injected before the expiration date of the vaccine;
The calves shall be four through eight months of age or from 120 to 365 days when vaccinated;
The vaccinated calves shall be identified by an ear tag or tattoo and marked as officially calfhood Brucella vaccinated animals by a special tattoo as prescribed by the New Jersey Department of Agriculture; and
A vaccination report shall be submitted within 15 days of vaccination to the New Jersey Department of Agriculture on forms provided by it.

(b) The New Jersey Department of Agriculture is not responsible for an unfavorable effect that might be attributed to or resulting from the vaccination.

(c) The New Jersey Department of Agriculture shall provide vaccine to accredited private veterinary practitioners to conduct official calfhood Brucella vaccination, provided all laws, regulations, and policies are complied with and reports are submitted within the prescribed period.

History

R.1971 d.105, effective 7/2/1971.
See: 3 N.J.R. 146(c); 3 N.J.R. 98(a).
Amended by R.1975 d.233, effective 8/1/1975.
See: 7 N.J.R. 290(a), 7 N.J.R. 399(a).
Amended by R.1981 d.288, effective 8/6/1981.
See: 13 N.J.R. 256(a), 13 N.J.R. 471(a).
(a)2: "four" was "two"; "eight" was "six"; "120 to 239" was "60 to 180".
Amended by R.1982 d.237, effective 8/2/1982.
See: 14 N.J.R. 487(a), 14 N.J.R. 833(a).
New (a) added; old (a) redesignated as (b).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 N.J.R. 2419(a), 21 N.J.R. 154(a).
Substantially amended.
Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
Deleted former (a); recodified (b) through (d) as (a) through (c); in the introductory paragraph of (a), substituted a colon for a period at the end; in (a)1 and (a)2, substituted a semicolon for a period at the end; in (a)2, substituted "365" for "239"; and in (a)3, inserted a comma following "tattoo" and substituted "; and" for a period at the end.

N.J. Admin. Code § 2:2-2.4 Conformity of brucellosis tests with Federal methods

The official brucellosis tests shall be conducted in conformity with the uniform methods and rules of the bovine brucellosis eradication program as published by the United States Department of Agriculture APHIS 91-45-013, as revised. Copies are filed with and may be received by writing to: State Veterinarian's Office, Division of Animal Health, NJ Department of Agriculture, NJPHEAL, PO Box 400, Trenton, New Jersey 08625-0400.

History

Amended by R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
Amended by R.1980 d.237, effective 6/2/1980.
See: 12 New Jersey Register 247(a), 12 New Jersey Register 377(c).
Amended by R.1980 d.422, effective 9/30/1980.
See: 12 New Jersey Register 377(a), 12 New Jersey Register 627(b).
"Eradication" was "eradicate". July 1977 revision date deleted for present "as revised".

N.J. Admin. Code § 2:2-2.5 Tests conducted by the New Jersey Department of Agriculture

(a) Official tests for brucellosis shall be conducted only by the New Jersey Department of Agriculture or other officially authorized personnel under the Department's supervision.

(b) No brucellosis test shall be conducted without written permission of the New Jersey Department of Agriculture.

History

Amended by R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

N.J. Admin. Code § 2:2-2.6 Department or accredited veterinarians to draw blood samples

Blood samples for official brucellosis tests shall be drawn by New Jersey Department of Agriculture personnel or by accredited veterinarians under its supervision.

History

Amended by R.1982 d.237, effective 8/2/1982.
See: 14 New Jersey Register 487(b), 14 New Jersey Register 833(a).
(a): Department of Agriculture "veterinarians" changed to "personnel".
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Substantially amended.

N.J. Admin. Code § 2:2-2.7 Herd owner responsibilities: employing private veterinarian

(a) The owner or custodian of any herd shall stable all animals eligible for test and shall provide proper restraint for the collection of blood samples by the veterinarian.

(b) If the owner refuses to permit an authorized veterinarian to draw blood samples for an official brucellosis test, he or she may employ an accredited private veterinary practitioner to draw the blood samples within a specified time. This testing shall be accomplished at no cost to the State of New Jersey.

History

Amended by R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Recodified from 2.8.

N.J. Admin. Code § 2:2-2.8 Identification of animals

(a) Each animal shall be identified by an official ear tag or breed registration tattoo.

(b) Under unusual circumstances, the New Jersey Department of Agriculture may grant permission to identify animals by other means.

History

Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
In (a), inserted "an official" and "breed registration".

N.J. Admin. Code § 2:2-2.9 Times established for brucellosis tests

(a) The New Jersey Department of Agriculture may subject any herds to a blood test for brucellosis whenever it is deemed necessary.

(b) Officially vaccinated dairy heifers under 20 months of age and heifers of the beef breeds under 24 months except those that are parturient, springers or post-parturient need not be routinely tested.

(d) All MCI test eligible cattle as defined in the USDA, APHIS-91-1 are to be back tagged when presented to any auction market. The Department shall supply the necessary tags and glue. Auction markets shall be responsible for correlation in their market records of back tag numbers with their market method of identifying individual cattle. Back tags may be applied at locations other than auction markets when the Department deems its advisable.

(e) Market swine for slaughter: All breeding swine, sows, and boars over six months of age shall be individually identified as to herd of origin before mixing with other swine. Such identification shall be by either slap tattoo, official ear tags or other approved identification. The auction market shall be responsible for correlation in their market records of tattoos, individual ear tags or other approved identification with their market method of identification. The market shall be responsible for recording the farm or herd of origin of all swine so identified and shall be responsible for maintenance of these records.

(f) Swine herds: The complete herd test shall include all breeding swine over six months of age. All swine being held for slaughter purposes are exempt from herd test requirements and shall be maintained separate and apart from breeding swine. All swine tested shall be identified with an official ear tag, tattoo, or other permanent identification, as permitted by the New Jersey Department of Agriculture.

History

R.1973 d.273, effective 9/20/1973.
See: 5 N.J.R. 254(b), 5 N.J.R. 327(c).
Amended by R.1978 d.402, effective 11/21/1978.
See: 10 N.J.R. 416(a), 11 N.J.R. 2(b).
Amended by R.1982 d.237, effective 8/2/1982.
See: 14 N.J.R. 487(b), 14 N.J.R. 833(a).
(e) and (f) added.
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 N.J.R. 2419(a), 21 N.J.R. 154(a).
Amended (d) and (e).
Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
In (c), inserted "at a minimum" and substituted "six" for "three".

N.J. Admin. Code § 2:2-2.10 Blood tests on suspicious reaction

All herds of cattle with suspicious reaction to the brucellosis ring test of the milk shall be subjected to immediate blood tests for brucellosis.

N.J. Admin. Code § 2:2-2.11 Quarantine on disclosure of brucellosis reactor

Any herd in which a brucellosis reactor or reactors are disclosed shall be quarantined. Any brucellosis suspect shall be quarantined until epidemiology or further testing determines the status of the individual animal.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Added text "Any brucellosis suspect ...".

N.J. Admin. Code § 2:2-2.12 Conditions for quarantine release

(a) For other than cattle and swine, a herd quarantined for brucellosis shall remain under quarantine until the following conditions have been met, at which time a written release from quarantine shall be issued.

The reactor or reactors have been sent to slaughter.
The barn or barns and stable area have been thoroughly cleaned and disinfected.
The herd has passed at least three consecutive negative tests. The first test shall not be conducted less than 30 days after the reactor or reactors are removed for slaughter. The second test shall not be conducted less than 30 days after the first negative test. The third retest shall be conducted not less than 60 days after the second negative test.
The New Jersey Department of Agriculture is satisfied that the aforementioned conditions have been met and that the infection no longer exists.

(b) Cattle or swine herds quarantined for brucellosis are to remain under quarantine until conditions are as stated in the Brucellosis Eradication Recommended Uniform Methods and Rules, USDA, APHIS 91-45-013 and in the Swine Brucellosis Control/Eradication Uniform Methods and Rules, USDA, APHIS 91-55-042. These rules can be obtained from the Division of Animal Health, PO Box 400, Trenton, New Jersey 08625-0400.

History

Amended by R.1972 d.251, effective 12/12/1972.
See: 4 New Jersey Register 258(a), 5 New Jersey Register 3(d).
Amended by R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
Amended by R.1982 d.237, effective 8/2/1982.
See: 14 New Jersey Register 487(b), 14 New Jersey Register 833(a).
(a): "For other than cattle and swine" added.
(b) added.
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Moved footnote to (b).

N.J. Admin. Code § 2:2-2.13 Tagging, segregation and slaughter of brucellosis reactors

(a) All cattle, goats and swine positive to an official brucellosis test shall not again be presented for test, but shall be immediately identified as set forth in the recommended rules and regulations in USDA, APHIS-91-1 (see N.J.A.C. 2:2-2.1 2(b)).

(b) All cattle, goats and swine positive to an official brucellosis test shall be moved to slaughter within 15 days under a permit issued by the Department of Agriculture.

(c) Such reactors shall be moved only to livestock auction markets or to slaughtering establishments approved by the New Jersey Department of Agriculture.

History

Amended by R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
Amended by R.1982 d.237, effective 8/2/1982.
See: 14 New Jersey Register 487(b), 14 New Jersey Register 833(a).
(a) and (b): swine included.
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Changed cross reference from 2.13 to 2.12.

N.J. Admin. Code § 2:2-2.14 Brucellosis reactor eligible for indemnification

(a) To be eligible for indemnity, a brucellosis reactor must meet all the requirements of this subchapter, including the following conditions:

Have previously been tested in New Jersey without positive reaction; have been born in New Jersey and was not previously old enough to be subjected to a brucellosis test; or have been officially calfhood brucella vaccinated and was not previously old enough to be subjected to a brucellosis test.
If moved into New Jersey from another state or country, have been moved in accordance with applicable laws and regulations, and have passed an official test in New Jersey.
Never was brucella vaccinated at 12 months of age or older.
Have been slaughtered within 15 days of appraisal. Under unusual circumstances, this period may be extended to 30 days.
The barn or barns and stable area have been properly cleaned and disinfected within 15 days from the time the reactors were removed. Under unusual circumstances, this period may be extended to 30 days.
Have on file with the New Jersey Department of Agriculture an acceptable official report concerning salvage and post-mortem inspection of the animal, and cleaning and disinfection of the premises.
If reactors are eligible for indemnity, they shall be moved to an auction market for sale, or three bids in writing must be obtained, and the animals must be sold to the highest bidder.
All female cattle are to have been officially calfhood brucella vaccinated and bear proof of such vaccination. The following items shall constitute proof of vaccination.

i. An official vaccination tattoo;

ii. An official ear tag;

iii. An official vaccination certificate; or

iv. An official interstate health certificate.

(b) For each bovine animal slaughtered to prevent the spread of brucellosis, the owner shall receive the net proceeds, if any, of the sale of the animal and in addition thereto, shall, subject to the provisions of N.J.S.A. 4:5-93.32, be paid an indemnity not to exceed $ 1,000 for a purebred animal and $ 750.00 for a grade animal. Nonregistered or grade bulls or animals considered by the Department to be of no breeding value shall be appraised at slaughter prices. In the case of registered animals, the owner shall furnish the certificate of registration to the Department. The indemnity paid by the Federal government plus the indemnity of the State plus the salvage, if any, shall not exceed the appraised value of the animal. The cost of disposal of animals destroyed because of brucellosis shall be borne by the owner.

(c) For each porcine animal slaughtered to prevent the spread of brucellosis, the owner shall receive the net proceeds, if any, of the sale of the animal and in addition thereto shall be paid an indemnity not to exceed 100 percent of the appraised value of the animal. The maximum indemnity shall be $ 50.00 for registered, inbred, or hybrid breeding swine and $ 25.00 for all other breeding swine. Registration papers must be presented on all claims for registered swine.

History

As amended by R.1973 d.64, effective 3/8/1973.
See: 5 New Jersey Register 102(b).
As amended by R.1978 d.302, effective 9/1/1978.
See: 10 New Jersey Register 314(a), 10 New Jersey Register 415(a).
As amended by R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
As amended by R.1982 d.237, effective 8/2/1982.
See: 14 New Jersey Register 487(b), 14 New Jersey Register 833(a).
(a)3: "nine" months changed to "12"; (a)8 added.
(c) added.
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Substantially amended.

N.J. Admin. Code § 2:2-2.15 Market cattle and goats to go to immediate slaughter

All cattle not born in New Jersey and exceeding 500 pounds in weight and all goats delivered to any regularly established auction market shall be consigned for immediate slaughter purposes only. The buyer will keep the above mentioned animals isolated from all other farm stock and will slaughter or present for slaughter at a recognized slaughter establishment within 15 days of the purchase date.

History

R.1981 d.40, effective 2/4/1981.
See: 13 New Jersey Register 5(a), 13 New Jersey Register 115(b).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Added "not born in New Jersey and"; substituted "500" for "200".

N.J. Admin. Code § 2:2-2.16 Swine brucellosis

Eradication of brucellosis from swine breeding herds in New Jersey shall be conducted by the swine owner in conformity with the recommended uniform methods and rules in USDA, APHIS 91-55-042, Part IV, with the cooperation and supervision of the New Jersey Department of Agriculture (see N.J.A.C. 2:2-2.12(b)).

History

R.1982 d.237, effective 8/2/1982.
See: 14 New Jersey Register 487(b), 14 New Jersey Register 833(a).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).

N.J. Admin. Code § 2:2-2.17 Swine brucellosis: testing of swine moved intrastate

Swine moved intrastate for breeding or exhibition purposes must be tested negative to a brucellosis test within 30 days prior to movement. Swine originating from a Brucellosis Validated Free herd are exempt from this requirement. Form DAH 111 or a Certificate of Veterinary Inspection must accompany swine for movement intrastate with the test dates or validation dates stated on the certificate. These forms can be obtained from the Division of Animal Health, PO Box 400, Trenton, New Jersey 08625-0400.

History

R.1982 d.237, effective 8/2/1982.
See: 14 New Jersey Register 487(b), 14 New Jersey Register 833(a).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Added "or a certificate of Veterinary Inspection".

N.J. Admin. Code § 2:2-2.18 Brucellosis testing for intrastate movement

(a) All test eligible cattle moving between herds intrastate must be negative to an official test for brucellosis within 30 days prior to movement. Exempt from testing are:

Cattle originating from certified brucellosis-free herds;
Official calfhood vaccinates under 18 months of age; and
Steers and spayed heifers.

History

R.1982 d.360, effective 10/18/1982.
See: 14 New Jersey Register 865(a), 14 New Jersey Register 1154(a).

Subchapter 3 TUBERCULOSIS CONTROL AND ERADICATION

N.J. Admin. Code § 2:2-3.1 Scope of subchapter, statutory authorization

The program for control and eradication of bovine tuberculosis is largely delineated by law, N.J.S.A. 4:5-1 et seq. This subchapter supplements the provisions of the law and are established under authority there provided.

N.J. Admin. Code § 2:2-3.2 Official tuberculin test

(a) The official tuberculin test shall be the intradermal injection method.

(b) Other methods may be used when authorized by the New Jersey Department of Agriculture.

N.J. Admin. Code § 2:2-3.3 Times established for tuberculin tests

(a) Cattle shall be required to undergo tuberculin testing whenever the Secretary of Agriculture has determined, by traceback or other epidemiological studies, that testing is necessary to delineate the health status of the herd.

(b) Testing shall be performed according to procedures at 9 CFR 77.1.

Copies are filed and may be received by writing to:

Director, Division of Animal Health

New Jersey Department of Agriculture

PO Box 400

Trenton, New Jersey 08625-0400

History

Amended by R.1973 d.274, effective 9/20/1973.
See: 5 New Jersey Register 255(a), 5 New Jersey Register 327(d).
Amended by R.1984 d.222, effective 6/18/1984.
See: 16 New Jersey Register 782(a), 16 New Jersey Register 1469(a).
"three" years changed to "five" years.
Repealed and New Rule, R.1990 d.201, effective 4/2/1990.
See: 22 New Jersey Register 3333(a), 22 New Jersey Register 1116(a).

N.J. Admin. Code § 2:2-3.4 Quarantine of herd during tests

(a) At the time herds are being subject to test, they shall be placed in quarantine until the tests are completed and the results made known.

(b) Herds in which reaction occurs shall remain in quarantine until released by the Secretary of Agriculture.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Substituted "occurs" for "occur".

N.J. Admin. Code § 2:2-3.5 Fees to private veterinarians

The New Jersey Department of Agriculture shall be authorized to engage private veterinary practitioners to tuberculin test animals which cannot be tested by its regularly employed staff.

History

Amended by R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Deleted old text and substituted new.

N.J. Admin. Code § 2:2-3.6 Indemnification

(a) For each bovine animal slaughtered to prevent the spread of tuberculosis, the owner shall receive the net proceeds, if any, of the sale of the animal and in addition thereto, shall, subject to the provisions of N.J.S.A. 4:5-27, be paid an indemnity not to exceed $ 1,000 for a purebred animal and $ 750.00 for a grade animal.

(b) The indemnity paid by the Federal government plus the indemnity of the State plus the salvage, if any, shall not exceed the value of the animal. The cost of disposal of animals destroyed because of tuberculosis shall be borne by the owner.

History

R.1973 d.65, effective 3/8/1973.
See: 5 New Jersey Register 102(c).
Amended by R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Deleted text "of the appraised value of".

Subchapter 4 SWINE DISEASE CONTROL

N.J. Admin. Code § 2:2-4.1 USDA Swine Health Protection Act adopted, supplemented

(a) The New Jersey Department of Agriculture adopts the rules and regulations of the Swine Health Protection Act, Title 9 CFR 166.1 - 166.15 APHIS, USDA as the official rules and regulations of the New Jersey Program.

(b) In addition, the State Board of Agriculture promulgates the rules found in this subchapter.

History

New Rule, R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Repealed old rule "Subchapter to implement State statutes".

N.J. Admin. Code § 2:2-4.2 Compliance with statute and rules for license issuance

Licenses shall be issued to any persons who comply with all provisions of the statute and all provisions of this subchapter.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Substituted "this subchapter" for "rules and regulations".

N.J. Admin. Code § 2:2-4.3 Minimum floor space

The minimum floor space shall be five square feet per animal for hogs up to 100 pounds, 7 1/2 square feet per animal for hogs from 100 to 150 pounds, and nine square feet per animal for hogs over 150 pounds.

N.J. Admin. Code § 2:2-4.4 Drainage of buildings

(a) Shelters and feeding areas shall be constructed to provide for satisfactory drainage.

(b) There shall be no pools of stagnant water within these areas.

N.J. Admin. Code § 2:2-4.5 Facilities for out-of-State animal shipments

(a) There shall be reasonable facilities for holding out-of-State shipments separate for a period of 30 days.

(b) These facilities shall be adequately cleaned and disinfected before the introduction of new animals.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Changed 10 to 30.

N.J. Admin. Code § 2:2-4.6 Water supply

(a) There shall be a sufficient supply of water for cleaning.

(b) There shall be a sufficient supply of clean water available for all swine to drink at all times.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Added (b).

N.J. Admin. Code § 2:2-4.7 Garbage truck specifications

Garbage trucks or containers shall be leak-proof and covered.

N.J. Admin. Code § 2:2-4.8 Equipment for certain operations

When the operation feeds a ton or less of garbage a day, there must be enough equipment to heat treat all the garbage at one time.

N.J. Admin. Code § 2:2-4.9 Size and construction of vats, containers and covers

(a) Vats or containers shall be large enough to insure that contents will not boil over during heat treatment.

(b) Covers shall be made of solid material, shall be tight, and shall be so constructed that water of condensation will return to the garbage rather than escape.

N.J. Admin. Code § 2:2-4.10 Thermometers

Each licensee must have at least one functioning thermometer, capable of registering to at least 212 degrees Fahrenheit, and suitable for measuring the temperature of garbage being heat treated.

N.J. Admin. Code § 2:2-4.11 Period for accomplishing heat treatment of garbage

Heat treatment of all garbage shall be accomplished within 48 hours of receipt of that garbage on the premises and must be fed or otherwise disposed of within 72 hours of cooking. Exception to this requirement may be made by the Secretary of Agriculture on the recommendation of the inspector.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Original 4.11 Heat treated garbage defined was repealed.

N.J. Admin. Code § 2:2-4.12 Holding areas/containers for untreated garbage

Untreated garbage shall be stored in covered, leakproof containers until treated. The covers shall be constructed so as to prohibit rodents, other wild animals, birds, and any escaped swine from access to the garbage or any drainage associated.

History

New Rule, R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).

N.J. Admin. Code § 2:2-4.13 Fuel supply

An adequate supply fuel shall be maintained at all times.

N.J. Admin. Code § 2:2-4.14 Facility for temperature determination and inspection

A suitable facility adjacent to the truck, vat or container, shall be provided to facilitate the safe determination of the temperature and the inspection of the garbage being heat treated.

N.J. Admin. Code § 2:2-4.15 Garbage spillage

No garbage shall spill or boil over during heat treating.

N.J. Admin. Code § 2:2-4.16 Garbage feeding on ground

Garbage shall not be fed on the ground.

N.J. Admin. Code § 2:2-4.17 Trash on premises; storage; removal

The premises shall be kept free of bones, cans, paper, glass and other trash and these shall be stored in containers until removed from premises.

N.J. Admin. Code § 2:2-4.18 Feeding platforms

Feeding platforms shall be cleaned before each feeding.

N.J. Admin. Code § 2:2-4.19 Solid waste disposal

(a) Solid wastes, such as residual garbage and manure removed from pens, feeding platforms and buildings, shall be disposed of by any method that is in compliance with State and local ordinances and/or Agricultural Management Practices.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Substantially amended.

N.J. Admin. Code § 2:2-4.20 Liquid wastes

Liquid wastes, including wash water and urine, shall not pollute receiving waters nor become a nuisance or health hazard.

N.J. Admin. Code § 2:2-4.21 Dead animal removal

Dead animals shall be removed immediately and held in covered rat proof containers until final disposition in accordance with local ordinances.

History

Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Added text "in accordance with local ordinances".

N.J. Admin. Code § 2:2-4.22 Rodent and insect control

Each operation shall maintain an adequate program of rodent and insect control.

N.J. Admin. Code § 2:2-4.23 Reserved

N.J. Admin. Code § 2:2-4.24 Reserved

History

As amended, R.1970 d.89, eff. 7/31/1970.
See: 2 New Jersey Register 53(a), 2 New Jersey Register 69(a).
As amended, R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

N.J. Admin. Code § 2:2-4.25 Premises concentrating swine for public sales construed as livestock market

Any farm or premises where swine are concentrated for public sale shall be considered a livestock market under this subchapter, except where only the swine raised on the premises are offered for sale.

N.J. Admin. Code § 2:2-4.26 Quarantine of premises suspected of hog cholera infection

(a) Premises suspected of infection with hog cholera shall be quarantined until determination is made by the cooperating agencies that the disease is or is not present.

(b) Once official confirmation of hog cholera exists, such premises shall remain under quarantine until program agents are satisfied that exposure no longer exists.

N.J. Admin. Code § 2:2-4.27 Notice of hog cholera illness

(a) Swine owners shall promptly report to their accredited veterinarians or to an agent of the New Jersey Department of Agriculture any illness in their herd suggestive of hog cholera.

(b) The accredited veterinarian shall promptly notify an agent of the Division of Animal Health of the State Department of Agriculture or the office of Veterinary Services, United States Department of Agriculture.

History

As amended, R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).

N.J. Admin. Code § 2:2-4.28 Removal of swine dead of hog cholera; construction of trucks

(a) Swine dead of hog cholera shall be removed under official supervision from a quarantined premises in trucks constructed of, or lined with, impervious material and which do not permit the escape of any liquid and are covered in such a way that the contents shall not be openly exposed to insects.

(b) Such removal shall be to a rendering plant whose processes include rendering temperatures sufficient to destroy the virus of hog cholera.

(c) Carcasses of swine dead of hog cholera may be disposed of by methods approved by the New Jersey Department of Agriculture in accordance with applicable local, State and Federal law and accepted science under official supervision of an agent of the Department in lieu of rendering.

History

Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
Rewrote (c).

N.J. Admin. Code § 2:2-4.29 Cleaning and disinfecting trucks

Trucks hauling market hogs to slaughter from quarantined premises shall be cleaned and disinfected at the unloading point or at a designated return point under official supervision.

N.J. Admin. Code § 2:2-4.30 Investigation of suspected hog cholera; access to premises

Agents of the New Jersey Department of Agriculture and the United States Department of Agriculture, Animal Health Division, shall be permitted access to any swine farm at any time for the purpose of investigating suspected hog cholera.

N.J. Admin. Code § 2:2-4.31 Indemnity for swine destroyed by hog cholera

(a) Once official confirmation has been had of hog cholera in a herd of swine, the following measures shall apply, as long as funds are available:

All infected and exposed swine on the premises alive at the time initial notification of the disease was made to the official cooperating agencies shall be appraised under the following rules:

i. The schedule as set forth below shall apply in respect to appraisal of swine for meat, feeding, or breeding, but in no instance shall the appraisal exceed the actual value of the animal. The basis for appraisal will be established by averaging the quotations from three of the major quality feeder and slaughter swine markets in the United States. Swine may be appraised in groups provided they are of the same type or of the same value per pound. Swine shall be appraised at their actual value for meat, feeding or breeding purposes except that in the case of grade animals only females shall be eligible for appraisal based on breeding values and that no such appraisal shall exceed three times the animal's meat or feeding value. Swine presented for appraisal as purebreds shall be accompanied by their certificate of pure breeding.

ii. Expenses for the care and feeding of swine held for destruction and the expense of destruction, burial, incineration and/or transportation and other expenses incidental to their slaughter will be the responsibility of the owner of the swine.

iii. Any indemnity claim for swine destroyed shall contain owner certification that the swine were, or were not, covered by a mortgage. If the owner states that there is a mortgage, forms furnished by the cooperating agencies shall be signed by the owner and by each person holding a mortgage on the swine consenting to the payment of any indemnity allowed to the person specified thereon.

iv. The New Jersey Department of Agriculture agrees to pay the owner of swine destroyed for hog cholera not to exceed 50 percent of the difference between the appraised value of each swine so destroyed and the net salvage received by the owner thereof. State indemnity shall not exceed $ 100.00 per head for purebred, inbred or hybrid swine and for breeding swine, or $ 50.00 for all other swine and in no case shall State indemnity exceed 50 percent of the difference between the appraised value of each swine so destroyed and the net salvage, if any, received by the owner.

v. No indemnity will be paid until the premises and associated vehicles are cleaned and disinfected in a manner approved by the cooperating agencies.

vi. Following disclosure of hog cholera infection on a premises, prompt depopulation of all swine, indemnity payments by the cooperating agencies and premises disinfection, restocking of such premises with swine will be permitted provided owners and/or operators of such a swine farm follow recommendations of the cooperating agencies for the prevention of hog cholera. Failure to follow such agencies shall render owners and/or operators ineligible for indemnity should hog cholera reinfection occur on such premises.

vii. Any swine owner who has willfully violated any rules of the Department will be ineligible for indemnity.

viii. Feeder swine moving intra-State must be ear tagged by the owner with tags supplied by the Department and recorded in triplicate on an owner's certificate, one copy of which must accompany the swine to destination, one copy to be forwarded to the Division of Animal Health, and one copy to be retained by the owner.

History

As amended, R.1970 d.89, eff. 7/31/1970.
See: 2 N.J.R. 53(a), 2 N.J.R. 69(a).
As amended, R.1972 d.191, eff. 9/27/1972.
See: 4 N.J.R. 178(a), 4 N.J.R. 260(a).
As amended, R.1973 d.305, eff. 10/25/1973.
See: 5 N.J.R. 326(b), 5 N.J.R. 363(b).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 N.J.R. 2419(a), 21 N.J.R. 154(a).
Incorporated v with iv and recodified vi-ix as v-viii.
Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
In the introductory paragraph of (a), inserted a comma following "apply"; and in (a)1vii, deleted ", that would result in the herd," following "Department".

N.J. Admin. Code § 2:2-4.32 Swine consigned to livestock markets

(a) Swine offered for sale at livestock markets for other than immediate slaughter shall be individually identified by ear tag, tattoo or other approved individual identification, and shall be so recorded on the market records as to farm of origin.

(b) Swine for immediate slaughter shall also be identified either by slap tattoo, individual ear tag or other approved individual identification and recorded in the market records as to the farm of origin.

History

As amended, R.1972 d.131, effective 7/1/1972.
See: 4 New Jersey Register 114(b), 4 New Jersey Register 180(a).
As amended, R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Substituted "form of" for "form or" and added text "or other approved individual identification".

N.J. Admin. Code § 2:2-4.33 Quarantine of swine after sale

The swine shall be held in quarantine on the farm of the buyer for 30 days.

History

Amended by R.1972 d.131, effective 7/1/1972.
See: 4 New Jersey Register 114(b), 4 New Jersey Register 180(a).
Amended by R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

N.J. Admin. Code § 2:2-4.34 Disinfecting following sale of swine

Following the sale of swine, the pens, runways and the sales ring shall be cleaned and disinfected with an approved disinfectant.

N.J. Admin. Code § 2:2-4.35 Indemnity of infected swine in sale market

No indemnity shall be paid on swine found to be infected with hog cholera while in an approved sale market in the eradication area.

History

Amended by R.1971 d.45, effective 3/26/1971.
See: 3 New Jersey Register 34(a), 3 New Jersey Register 55(c).

N.J. Admin. Code § 2:2-4.36 Authority of Secretary of Agriculture or his or her agents

The Secretary of Agriculture or his or her authorized agent shall have the authority to enter any premises on which swine are kept, and have the power to have appraisal and order the disposal of any and all swine that have been exposed to hog cholera.

History

R.1972 d.242, effective 12/1/1972.
See: 5 New Jersey Register 3(a).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Repealed (b).

N.J. Admin. Code § 2:2-4.37 Swine pseudorabies vaccination

(a) No person shall vaccinate swine for pseudorabies unless a permit has been issued by the Department. Permits may be granted only to veterinarians licensed in the State.

(b) No person or firm shall sell, distribute or give away any pseudorabies vaccine unless they have received permission from the Department.

(c) All premises at which garbage has been fed to swine in violation of this subchapter shall be quarantined for a minimum of 30 days during which time no garbage cooked or uncooked may be fed. The 30-day period commences after cleanup and disinfection is approved by Department personnel. The quarantine may be released by testing negative of all or a statistically significant amount of swine for hog cholera and African swine fever or observation and examination of all swine by veterinarians of the Department or USDA and found to be disease free. The selection of the release method shall be at the discretion of the State veterinarian.

(d) All waste feeding swine farms or suspected waste feeding swine farms shall be inspected regularly to assure compliance with garbage feeding rules.

(e) A licensee shall notify an inspector or veterinarian immediately upon detection of illness or death not normally associated with the licensee's operation in animal species on the licensee's premises.

History

R.1977 d.367, effective 9/30/1977.
See: 9 New Jersey Register 402(a), 9 New Jersey Register 502(b).
Amended by R.1989 d.30, effective 1/17/1989.
See: 20 New Jersey Register 2419(a), 21 New Jersey Register 154(a).
Added new (c)-(e).

Subchapter 5 BOVINE LEUCOSIS PROGRAM

N.J. Admin. Code § 2:2-5.1 Scope and authority

The Division of Animal Health shall make rules and conduct a voluntary program leading to the eradication of the bovine leucosis virus from individual herds and may designate the animals in those herds as New Jersey Bovine Leucosis Free.

N.J. Admin. Code § 2:2-5.2 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context indicates otherwise:

"Bovine leucosis" means a disease of cattle caused by the bovine leukemia virus which is of economic significance.

"Infected animal" means an animal examined by the recognized testing method and found to be infected with the bovine leucosis virus.

"Official test" means the test recognized by the United States Department of Agriculture.

History

Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
In definition "Official test", substituted the second occurrence of "test" for "bovine leukemia agar gel immunodiffusion procedure".

N.J. Admin. Code § 2:2-5.3 Procedures

(a) To be eligible for the bovine leucosis program, the following requirements shall be met:

All animals in a herd shall be included in an initial test.

Owners shall actively implement a culling program of animals found to be infected.

Owners shall practice those husbandry methods which reduce the spread of infection.
Owners will conduct retests according to a schedule to be cooperatively developed between the owner and the Division of Animal Health based upon the findings. Failure to follow the agreed upon schedule will exclude the herd from the official program.
Herds that have had at least one completely negative free herd test, and any additional testing that is required if they comply with (a)3 and 4 above, shall be designated "Leucosis Free" for a period of one year.
A "Leucosis Free" status shall be maintained by retesting all cattle over seven months between 340 and 390 days after the date of achieving "Leucosis Free Status". The results of such retesting must be negative for all cattle in the herd to be identified as Leucosis Free for another year.

N.J. Admin. Code § 2:2-5.4 Costs and fees

(a) Cattle owners will enter into a Memorandum of Agreement with the Division of Animal Health containing the following:

All costs shall be borne by the owner.
The owner agrees to comply with the rules of the program, but is free to withdraw at any time.
Accredited veterinarians will sample and identify animals and counsel owners.
The Division of Animal Health will provide information to accredited veterinarians, laboratory services, and interpretive and planning assistance.
The Division of Animal Health will provide information regarding the disease and program to the owners.

(b) The Division of Animal Health fee schedule for diagnostic laboratory services appears in N.J.A.C. 2:10-1.2(d).

History

Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
Rewrote (b).

Subchapter 6 SWINE PSEUDORABIES VIRUS

N.J. Admin. Code § 2:2-6.1 Adoption of USDA rules

The New Jersey Department of Agriculture adopts the rules and regulations at 9 CFR 85.1 through 85.13 APHIS, USDA, as the official rules and regulations of the New Jersey Swine Pseudorabies program. Copies of these regulations may be obtained by writing the New Jersey Department of Agriculture, Division of Animal Health, PO Box 400, Trenton, NJ 08625-0400.

History

Amended by 56 N.J.R. 209(a), effective 2/5/2024

Subchapter 7 POULTRY DISEASE CONTROL

N.J. Admin. Code § 2:2-7.1 National Plan adopted, supplemented

(a) The State Board of Agriculture adopts the rules and regulations of the National Poultry Improvement Plan of the United States Department of Agriculture as the official rules and regulations of the New Jersey Program.

(b) In addition, the State Board of Agriculture promulgates the rules and regulations found in the following sections of this chapter.

History

Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
In (a), deleted "and Turkey" following "Poultry" and substituted "Plan" for "Plans".

N.J. Admin. Code § 2:2-7.2 General regulations

(a) All poultry hatcheries and flocks within New Jersey must qualify as National Plan hatcheries. All hatcheries and flocks shipping to New Jersey must qualify as United States pullorum-typhoid clean; or they must meet equivalent requirements for pullorum-typhoid control under official supervision.

(b) All poultry, except water fowl, shown in public exhibitions in New Jersey must originate from United States pullorum-typhoid clean or equivalent flocks, or have a negative pullorum-typhoid test within 90 days of the movement to the public exhibition.

History

Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
Deleted former (b); and recodified (c) as (b).

N.J. Admin. Code § 2:2-7.3 Pullorum-typhoid disease testing and testing agents

(a) All breeding birds to be tested shall be selected and banded at the discretion of a veterinarian or inspector of the New Jersey Department of Agriculture or by qualified testing agents under Department supervision.

(b) The pullorum-typhoid test shall be done by representatives of the New Jersey Department of Agriculture or qualified testing agents under Department supervision.

(c) Testing agents shall take a minimum biannual one-day course of training as prescribed by the New Jersey Department of Agriculture and shall pass a written examination on National Poultry Improvement Plan (NPIP) rules and sanitation and a practical test to prove their ability to select and test birds for pullorum-typhoid diseases before being certified. A minimal registration fee of $ 10.00 will be charged for this training, and will include a vial of pullorum-typhoid antigen.

(d) Testing agents will be charged at cost plus a reasonable administrative fee not to exceed $ 10.00 for a vial of pullorum-typhoid antigen. Additional shipping charges may apply.

(e) Applications for certification of participating flocks shall be made in writing, sufficiently in advance to permit the early scheduling of work by the Department of Agriculture.

(f) Certification or recertification will be denied pursuant to provisions of NPIP or violation of these rules.

(g) Certification of participating flocks by the Department will be subject to a reasonable charge based upon travel, time and cost of testing materials.

(h) Any reactors must be submitted for bacteriological examination for pullorum-typhoid disease. The bacteriological examination must be done by the Animal Health Diagnostic Laboratory, New Jersey Department of Agriculture, NJPHEAL, 3 Schwarzkopf Drive, Ewing, New Jersey 08628.

History

Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
In (a), substituted "at the discretion of" for the first occurrence of "by"; in (c), inserted "biannual" and rewrote the last sentence; added new (d) and (g); recodified former (d) and (e) as (e) and (f) and former (f) as (h); in (e), inserted "or participating flocks"; and rewrote (h).

N.J. Admin. Code § 2:2-7.4 Reporting and quarantine provisions

(a) Pullorum-typhoid diseases are reportable diseases under N.J.A.C. 2:2-1.1 and must be reported by any veterinarian or other person to the New Jersey Department of Agriculture.

(b) Upon receipt of a report of pullorum-typhoid, the Division of Animal Health shall direct the immediate investigation by an authorized representative to determine the origin and avenue of transmission of the infection.

(c) The flocks or hatching eggs deemed to be infected with pullorum-typhoid shall be quarantined. Quarantined flocks or any portion thereof shall not be removed from the premises where the infection was detected or disposed of except in accordance with the written permission of the Department of Agriculture.

Subchapter 8 RECORDS OF CATTLE, SHEEP AND SWINE DEALERS

N.J. Admin. Code § 2:2-8.1 Official livestock recordkeeping system

(a) Each license holder will use an official livestock record book or alternative recordkeeping system that includes, with respect to the livestock in the transaction; the official identification, breed, color, sex, name and address of premises from which the livestock was moved; date of movement and name and address of premises to which the livestock was then consigned or sold; and the date of the transaction.

(b) All livestock record books or alternative livestock records shall be provided to the New Jersey Department of Agriculture upon demand or request.

(c) License holders will be expected to use reasonable care and diligence to preserve and protect the livestock record book or alternative recordkeeping system.

History

Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
Section was "Official livestock record book". Rewrote the section.

N.J. Admin. Code § 2:2-8.2 Content of record

The record shall include:

(a) All ear tag numbers; identification tattoo numbers excepting vaccination tattoos, registration numbers of purebreds carried by the animal at time of purchase or exchange and at the time of sale or slaughter;

(b) The name and address of the person from whom purchased or if purchased at a commission sale the name and address of the dealer;

(d) The date the animal was purchased and date the animal was sold;

(e) The breed and sex of each animal purchased.

N.J. Admin. Code § 2:2-8.3 When records are to be made

(a) When any livestock is purchased or exchanged, the required information relating to such transaction shall be recorded immediately upon completion of the transaction.

(b) When the animal is sold, the required information relating to the sale or exchange shall be recorded immediately upon completion of that transaction.

N.J. Admin. Code § 2:2-8.4 Manner of keeping records

(a) The records required by this subchapter shall be recorded and kept in a livestock record book except that upon request of a license holder the Secretary of Agriculture may authorize the license holder to use another type of record book, ledger or alternative recordkeeping system provided that the other type of record book, ledger or alternative recordkeeping system will permit the recording of information relating to livestock transactions required by N.J.A.C. 2:2-8.1(a), in a manner that will, in the opinion of the Secretary of Agriculture, accomplish the purposes and objectives of N.J.A.C. 2:2-8.1(a).

(b) He must be willing to make such record available upon request for inspection by any authorized representatives of the Department or of the Animal Health Division of the United States Government.

(c) Information relative to a livestock transaction, which is entered in a livestock record book or alternative recordkeeping system shall be accurate and legible in each detail and it shall not be altered, obliterated, defaced or erased.

(d) If, after information relative to a livestock transaction has been entered in a record book or alternative livestock recordkeeping system, it is found that the information so recorded is in some part in error, the correct information relative to that particular transaction shall be reentered in the next available space without altering or changing the original entry, except to note that the record is corrected by a later entry or as noted in (d)1 below.

Errors can be corrected with a strike-out and initials.

History

Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
In (a) and (c), inserted "or alternative recordkeeping system" throughout; in (a), deleted "New Jersey Department of Agriculture" preceding the first occurrence of "livestock", substituted a comma for "or" following the second and third occurrences of "book", inserted "required by N.J.A.C. 2:2-8.1(a),", and the second occurrence of "of Agriculture" and substituted the second occurrence of "N.J.A.C. 2:2-8.1(a)" for "these regulations"; in (c), inserted a comma following "transaction"; in the introductory paragraph of (d), deleted "cattle" preceding the first occurrence of "record", inserted "or alternative livestock recordkeeping system", inserted a comma following "original entry", inserted "or as noted in (d)1 below", and deleted "in the record book" following "space"; and added (d)1.

N.J. Admin. Code § 2:2-8.5 Preservation of records; surrender

(a) The records of livestock sales and purchases required by this subchapter shall be kept and retained in possession of the license holder for a period of 10 years.

(b) Failure to renew the license annually shall require the return of such record books to the New Jersey Department of Agriculture. The same requirement shall also apply to those persons whose license has been suspended or revoked.

(c) New Jersey Department of Agriculture livestock record books shall be delivered into the possession of any agent of the New Jersey Department of Agriculture or of the United States Department of Agriculture immediately upon request of such agent.

History

Amended by R.2010 d.073, effective 5/17/2010.
See: 41 N.J.R. 4349(a), 42 N.J.R. 925(a).
In (a), substituted "for a period of 10 years" for "only during such period as he holds the required license".

N.J. Admin. Code § 2:2-8.6 Effective date of subchapter

These rules and regulations shall take effect July 1, 1966.

Subchapter 9 IDENTIFICATION OF SHEEP AND GOATS IN NEW JERSEY

N.J. Admin. Code § 2:2-9.1 Official identification of sheep and goats

(a) Definitions. As used in this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.

"Any change of ownership" shall mean the disposition or other transfer of ownership, of any kind, of a sheep or goat, whether by sale, exchange, gift, rescue, or otherwise, that involves movement of the sheep or goats within the State of New Jersey.
"Owner/hauler statement" shall have the meaning as set forth at 9 CFR 79.1.
"Slaughter channels" shall have the meaning as set forth at 9 CFR 79.1.

(b) Prior to any change of ownership, all sheep and goats, of any age, not in slaughter channels shall be officially identified in the manner prescribed at N.J.A.C. 2:3-1.4(b)5" iii, such that the animal may be traced to its flock of birth.

(c) Prior to any change of ownership, all sheep in the State of New Jersey in slaughter channels over 18 months of age, as evidenced by eruption of the second incisor, shall be officially identified in the manner prescribed at N.J.A.C. 2:3-1.4(b)5" iii, such that the animal may be traced to its flock of birth. Individual identification will not be required if the sheep are moved as a group with an owner/hauler statement as permitted pursuant to 9 CFR 79.

History

Adopted by 55 N.J.R. 2253(a), effective 11/6/2023

Chapter 3 LIVESTOCK AND POULTRY IMPORTATION

Subchapter 1 GENERAL REQUIREMENTS

N.J. Admin. Code § 2:3-1.1 Definitions

(a) The following words and terms, as used in this chapter, shall have the following meanings. Words of art undefined in the following paragraphs shall have the meaning attributed to them by trade usage or general usage as reflected by definition in a standard dictionary, such as Webster's.

"Approved livestock facility" shall mean a facility as described in 9 C.F.R. Part 71.20.

"Custom slaughter operation" shall mean a slaughtering operation as described in 9 C.F.R. Part 303.1.

"Department" shall mean the New Jersey Department of Agriculture. For purposes of actions authorized by these rules, the Department may act through the State Veterinarian.

"Move directly," when related to hatching eggs and poultry less than seven days of age, means move into New Jersey without any stops, or move to a National Poultry Improvement Plan (NPIP) U.S. H5/H7 Avian Influenza Clean National Plan Hatchery or an NPIP U.S. Avian Influenza Clean National Plan Hatchery and then move into New Jersey without any other stops; and when related to all other poultry, means move into New Jersey without any stops or move to a New Jersey registered poultry distributor and then move into New Jersey without any other stops.

"Recognized slaughtering establishment" shall mean a slaughtering establishment operating under the provisions of the Federal Meat Inspection Act (21 U.S.C. §§ 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. §§ 451 et seq.).

"State Veterinarian" means Director, Division of Animal Health, New Jersey Department of Agriculture.

"Waybill" shall mean a document setting forth:

The name and address of the origin of the livestock or poultry imported for slaughter;
The type and quantity of such livestock or poultry being moved;
The name and address of the establishment to which such livestock or poultry are being moved; and
The date of the movement of such livestock or poultry into the establishment.

(b) Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number or masculine gender is used, the same shall be understood to include and to apply to several persons or parties as well as to one person or party and to females as well as males, and to bodies corporate as well as individuals, and to several matters and things as well as one matter or thing.

History

Amended by 47 N.J.R. 2349(a), effective 9/21/2015

N.J. Admin. Code § 2:3-1.2 Interstate health certificate to accompany animals entering State

All livestock and poultry moved into New Jersey, except for slaughter, shall be accompanied by an official Certificate of Veterinary Inspection approved by the livestock disease control agency of the state of origin. A Poultry Inspection Certificate conforming with the requirements of N.J.A.C. 2:9-1.3 may be used for poultry being transported directly to live bird markets and auction markets in lieu of the Certificate of Veterinary Inspection. A Veterinary Services (VS) Form 9-3 may be used for poultry in lieu of the Certificate of Veterinary Inspection.

History

As amended, R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
Amended by R.1989 d.455, effective 8/21/1989.
See: 21 New Jersey Register 1477(a), 21 New Jersey Register 2470(a).
Reference to Certificate of Veterinary Inspection and to NPIP Form 3-B, added.
Amended by R.2001 d.283, effective 8/20/2001.
See: 33 New Jersey Register 1886(a), 33 New Jersey Register 2806(a).
Inserted sentence following first sentence, substituted "9-2" for "3-8" and inserted "other than live poultry markets" in last sentence.
Recodified from N.J.A.C. 2:3-1.1 and amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section. Former N.J.A.C. 2:3-1.2, Contents of Certificate of Veterinary Inspection, recodified to N.J.A.C. 2:3-1.4.

N.J. Admin. Code § 2:3-1.3 Livestock and poultry for slaughter

(a) No livestock or poultry shall be imported into New Jersey for slaughter except in accordance with both the general requirements set forth in (a)1 through 5 below, and the specific requirements contained in N.J.A.C. 2:3-2 through 11 for each specific class of animal.

The livestock or poultry imported for slaughter shall be accompanied by a waybill;
The livestock or poultry imported for slaughter shall be transported directly to an approved livestock facility, custom slaughter operation, recognized slaughtering establishment or to a private residence for the purpose of slaughter;
The livestock or poultry imported for slaughter shall be slaughtered within 10 days of arrival in the State of New Jersey;
All approved livestock facilities, custom slaughter operations, recognized slaughtering establishments, and private residences as described in (b)2 above shall maintain all waybills for a period of six months and must present such waybills upon demand by the State Veterinarian or other employee or agent of the New Jersey Department of Agriculture, Division of Animal Health; and
Livestock and poultry for slaughter shall not be used or sold for any other purpose than slaughter, except that livestock and poultry for slaughter may be sold to custom slaughter operations.

i. Livestock or poultry for slaughter owned by a custom slaughter operation may be sold, provided that those livestock or poultry sold by the custom slaughter operation are slaughtered before leaving the premises.

History

New Rule, R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Former N.J.A.C. 2:3-1.3, Copy of Certificate of Veterinary Inspection to New Jersey Department of Agriculture, recodified to N.J.A.C. 2:3-1.5.

N.J. Admin. Code § 2:3-1.4 Contents of Certificate of Veterinary Inspection

(a) The official Certificate of Veterinary Inspection shall indicate that the livestock or poultry designated thereon comply with all requirements for entry into New Jersey.

(b) The official Certificate of Veterinary Inspection shall include a legible report of the following:

Complete name and address of consignor;
Origin of the livestock;
Complete name and address of consignee;

Destination of the livestock;

Description of the livestock which shall include: species, breed, sex, and age of animals. Where applicable, the description shall include the following:

i. Cattle and swine shall be identified by ear tag, tattoo or registration name and number or other identification as approved by the State Veterinarian.

ii. Horses shall be identified by physical description, tattoo or brand, or microchip, or other identification as approved by the State Veterinarian.

iii. Sheep and goats shall be identified using the identification method for sheep and goats at Title 9, Code of Federal Regulations, Chapter 1, Subchapter C, Part 79--Scrapie in Sheep and Goats, which is hereby adopted herein by reference.

A statement that the examining veterinarian personally inspected the animals described and found them free from visible symptoms of infectious, contagious and/or communicable disease or known exposure thereto within 30 days of shipment;
Results from all required tests, or a statement of exemption from required testing and reason for exemption, for each specific class of livestock shall be recorded on the Certificate of Veterinary Inspection; and
Additional information as required for each specific class of livestock or poultry.

History

As amended, R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
Amended by R.1989 d.455, effective 8/21/1989.
See: 21 New Jersey Register 1477(a), 21 New Jersey Register 2470(a).
Certificate of Veterinary Inspection replaced interstate health certificate, at (b)5 method of identifying horses added and at (b)6 ... "not showing signs ..." added.
Recodified from N.J.A.C. 2:3-1.2 and amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
In (b), rewrote 5, added a new 7, recodified former 7 as 8. Former N.J.A.C. 2:3-1.4, Expiration date of Certificates of Veterinary Inspection, recodified to N.J.A.C. 2:3-1.6.

N.J. Admin. Code § 2:3-1.5 Copy of Certificate of Veterinary Inspection to New Jersey Department of Agriculture

A copy of the official Certificate of Veterinary Inspection shall be mailed within 10 days of movement by the approving agency to the New Jersey Department of Agriculture, Division of Animal Health, PO Box 400, Trenton, New Jersey 08625-0400.

History

Amended by R.1989 d.455, effective 8/21/1989.
See: 21 New Jersey Register 1477(a), 21 New Jersey Register 2470(a).
Certificate of Veterinary Inspection replaced interstate health certificate.
Recodified from N.J.A.C. 2:3-1.3 and amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Substituted "within 10 days of movement" for "promptly" following "shall be mailed". Former N.J.A.C. 2:3-1.5, Quarantine of livestock and poultry entering State, recodified to N.J.A.C. 2:3-1.7.

N.J. Admin. Code § 2:3-1.6 Expiration date of Certificates of Veterinary Inspection

Official Certificates of Veterinary Inspection shall be void 30 days after issuance.

History

Amended by R.1989 d.455, effective 8/21/1989.
See: 21 New Jersey Register 1477(a), 21 New Jersey Register 2470(a).
Rule formerly at this cite was entitled "Notification of Department on receipt of livestock" repealed; current rule recodified from N.J.A.C. 2:3-1.5 and Certificate of Veterinary Inspection replaced interstate health certificate.
Recodified from N.J.A.C. 2:3-1.4 by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Former N.J.A.C. 2:3-1.6, Importing diseased livestock and poultry, recodified to N.J.A.C. 2:3-1.8.

N.J. Admin. Code § 2:3-1.7 Quarantine of livestock and poultry entering State

(a) All livestock and poultry entering the State are subject to quarantine by the New Jersey Department of Agriculture.

Actions taken by the New Jersey Department of Agriculture as part of a quarantine in accordance with (a) above, may include, but shall not be limited to:

i. A directive prohibiting movement of livestock or poultry into or out of a quarantine area;

ii. A directive requiring diagnostic tests and procedures to confirm that the livestock or poultry are no longer affected by infectious, contagious, and/or communicable disease and that the premises are decontaminated and that the premises shall remain under quarantine until such confirmation is received; and/or

iii. Department oversight of the cleaning, disinfection, and/or disposal of any premises, vehicles, protective clothing or equipment that may have been contaminated due to an outbreak of infectious, contagious and/or communicable disease.

History

Amended by R.1989 d.455, effective 8/21/1989.
See: 21 New Jersey Register 1477(a), 21 New Jersey Register 2470(a).
Recodified from N.J.A.C. 2:3-1.6, slight language change.
Recodified from N.J.A.C. 2:3-1.5 and amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section. Former N.J.A.C. 2:3-1.7, Prior import permits, recodified to N.J.A.C. 2:3-1.9.

N.J. Admin. Code § 2:3-1.8 Importing diseased livestock and poultry

Livestock and poultry from herds or flocks under quarantine because of any infectious, contagious and/or communicable disease, or livestock or poultry currently classified as suspect because of any infectious, contagious and/or communicable disease shall not be imported into the State.

History

Recodified from N.J.A.C. 2:3-1.6 and amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Former N.J.A.C. 2:3-1.8, Procedure on failure to meet importation requirements, recodified to N.J.A.C. 2:3-1.10.

N.J. Admin. Code § 2:3-1.9 Prior import permits

Permits required for entry for a specific class of livestock pursuant to N.J.A.C. 2:3-2.7(b), 3.4(d), or 7.4(a), may be obtained by the consignee from the State Veterinarian, Division of Animal Health, New Jersey Department of Agriculture, PO Box 400, Trenton, New Jersey 08625-0400, telephone number 609-671-6400, or email state.veterinarian@ag.nj.gov.

History

Amended by 47 N.J.R. 2349(a), effective 9/21/2015

N.J. Admin. Code § 2:3-1.10 Procedure on failure to meet importation requirements

(a) Livestock and poultry not meeting the requirements of this subchapter shall be refused entry into the State, or if already in the State, shall remain under quarantine until the livestock or poultry is either:

Slaughtered;

Tested upon epidemiologic evaluation and risk determination and released;
Returned to the State or country of origin; or
Disposed of in accordance with the decision of the New Jersey Department of Agriculture.

History

Recodified from N.J.A.C. 2:3-1.8 and amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-1.11 Exceptions

The State Veterinarian may grant a request to waive the requirements of any part of this Chapter. Such waivers must be requested in writing. The State Veterinarian shall grant waivers only in writing and upon epidemiological evaluation and risk determination.

History

New Rule, R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).

Subchapter 2 CATTLE IMPORTATION

N.J. Admin. Code § 2:3-2.1 Compliance with subchapter and importation requirements

In addition to the general requirements for importation, set forth at N.J.A.C. 2:3-1.1 through 1.6, all cattle moved into New Jersey shall meet the specific requirements of this subchapter.

History

Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Added N.J.A.C. reference, deleted "and bison" following "all cattle".

N.J. Admin. Code § 2:3-2.2 Definitions

(a) As used in this subchapter, the Department hereby adopts and incorporates by reference definitions of the following words and terms, found in the Code of Federal Regulations, as amended and supplemented, unless the context clearly indicates otherwise:

"Accredited-free state or zone" shall mean a state or zone as defined in 9 C.F.R. Part 77.5.

"Accredited herd" shall mean a herd as defined in 9 C.F.R. Part 77.5.

"Cattle" shall mean cattle, including calves, bison, buffalo, and other domesticated Bovidae.

"Certified brucellosis-free herd" shall mean a herd as defined in 9 C.F.R. Part 78.1.

"Class A State or area" shall mean a state or area as defined in 9 C.F.R. Part 78.1.

"Class B State or area" shall mean a state or area as defined in 9 C.F.R. Part 78.1.

"Class C State or area" shall mean a state or area as defined in 9 C.F.R. Part 78.1.

"Class Free State or area" shall mean a state or area as defined in 9 C.F.R. Part 78.1.

(b) Copies of the documents listed at (a) above may be obtained electronically at http://www.ecfr.gov/current/title-9/part-77 and http://www.ecfr.gov/current/title-9/part-78.

(c) A copy of the documents listed at (a) above is on file in the State Veterinarian's Office, Division of Animal Health, New Jersey Department of Agriculture, NJPHEAL, 3 Schwarzkopf Drive, Ewing, NJ 08628.

History

New Rule, R.1984 d.226, effective 5/31/1984.
See: 16 New Jersey Register 294(a), 16 New Jersey Register 1469(b).
Old section 2.2 "Importing diseased cattle and goats" recodified to N.J.A.C. 2:3-2.3.
Amended by R.1989 d.455, effective 8/21/1989.
See: 21 New Jersey Register 1477(a), 21 New Jersey Register 2470(a).
Definition of "accredited herd" repealed and replaced and C.F.R. cites corrected.
Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-2.3 Tuberculosis testing

(a) All imported cattle shall be negative to a tuberculosis test within 60 days prior to entry, as described in the "Bovine Tuberculosis Eradication Uniform Methods and Rules" United States Department of Agriculture, 2004, APHIS 91-45-011, as amended and supplemented, which is hereby adopted and incorporated by reference.

(b) A copy of the document referred to at (a) above may be procured electronically at http://www.aphis.usda.gov/animal_health/animal_diseases/tuberculosis/dow nloads/tb-umr.pdf.

(c) A copy of the document referred to at (a) above is on file in the State Veterinarian's Office, Division of Animal Health, New Jersey Department of Agriculture, NJPHEAL, 3 Schwarzkopf Drive, Ewing, NJ 08628.

(d) Cattle that originate from an accredited-free State or zone or an accredited herd are exempt from tuberculosis testing. For an accredited herd, the Certificate of Veterinary Inspection shall include the accredited herd number of the herd of origin, the date on which the herd of origin was last tuberculin tested, and a statement by the accredited veterinarian that the cattle were included in the most recent test of the herd of origin and that testing with negative results occurred within one year prior to the date of movement, or that the cattle were natural additions to the herd.

History

Amended by R.1976 d.98, effective 4/1/1976.
See: 8 N.J.R. 95(a), 8 N.J.R. 215(a).
Revised (a)-(c).
Amended by R.1981 d.39, effective 2/4/1981.
See: 13 N.J.R. 4(b), 13 N.J.R. 115(a).
Revised text.
Recodified from 2:3-2.3 and amended by R.1984 d.226, effective 5/31/1984.
See: 16 N.J.R. 294(a), 16 N.J.R. 1469(b).
Old section "Brucellosis test for imported cattle" recodified to N.J.A.C. 2:3-2.9.
Amended by R.1989 d.455, effective 8/21/1989.
See: 21 N.J.R. 1477(a), 21 N.J.R. 2470(a).
Deleted (a); redesignated existing (b) to (a); added new (b) and (c).
Amended by R.2005 d.37, effective 1/18/2005.
See: 36 N.J.R. 4285(a), 37 N.J.R. 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-2.4 Tuberculosis test for imported cattle

The Department may require cattle imported to be tested for tuberculosis if in its judgment such testing would be necessary to prevent introduction of the disease.

History

Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Deleted "and bison" following "cattle".

N.J. Admin. Code § 2:3-2.5 Brucellosis testing-Class Free States or areas

All cattle imported from Class Free States or areas are exempt from an official brucellosis test prior to entry.

History

New Rule, R.1984 d.226, effective 5/31/1984.
See: 16 New Jersey Register 294(a), 16 New Jersey Register 1469(b).
Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Substituted "cattle" for "animal" following "All".

N.J. Admin. Code § 2:3-2.6 Brucellosis testing-Class A States

(a) The conditions in this section apply to cattle imported from Class A States or areas.

(b) All cattle to be imported, except steers or spayed heifers, must originate from and be members of, or natural additions to, a herd that has been brucellosis tested negative within 15 months or 450 days of entry, but prior to 90 days of shipment, and the herd test date shall be entered on the Certificate of Veterinary Inspection.

(c) All cattle to be imported six months of age or over shall be negative to an official brucellosis test within 30 days prior to entry.

(d) Official brucellosis vaccinated heifers under 14 months of age, steers and spayed heifers to be imported are exempt from brucellosis testing.

(e) Cattle to be imported that originate from a certified brucellosis-free herd are exempt from brucellosis testing. For a certified brucellosis-free herd, the Certificate of Veterinary Inspection shall include the certified herd number of the herd of origin, the date on which the herd of origin was last tested for brucellosis, and a statement by the accredited veterinarian that the cattle were included in the last herd test, or were natural additions to the herd.

History

New Rule, R.1984 d.226, effective 5/31/1984.
See: 16 New Jersey Register 294(a), 16 New Jersey Register 1469(b).
Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-2.7 Brucellosis testing-Class B and C States

(a) The conditions in this section apply to cattle imported from Class B and Class C States or areas.

(b) A prior permit for movement shall be obtained by the consignee from the State Veterinarian. Permits may be obtained as described in N.J.A.C. 2:3-1.9.

(d) All cattle to be imported that are six months of age or over shall be negative to an official brucellosis test within 30 days prior to entry.

(e) Official brucellosis vaccinated heifers under 14 months of age, steers and spayed heifers are exempt from brucellosis testing.

(f) The Certificate of Veterinary Inspection shall include the prior permit number, the certified brucellosis-free herd number of the herd of origin, the date on which the herd of origin was last tested for brucellosis, and a statement by an accredited veterinarian that the cattle being imported were included in the last herd test, or were natural additions to the herd.

(g) The imported cattle shall be quarantined separate and apart from native cattle upon entry into the State until brucellosis-tested negative at the owner's expense, not less than 45 or more than 120 days after entry into the State.

History

Repeal and New Rule, R.1984 d.226, effective 5/31/1984.
See: 16 New Jersey Register 294(a), 16 New Jersey Register 1469(b).
Old section was "Dip treatment of sheep originating in state with scabies".
Amended by R.1989 d.455, effective 8/21/1989.
See: 21 New Jersey Register 1477(a), 21 New Jersey Register 2470(a).
New (a)2 added, requirements for contents of Certificate of Veterinary Inspection; recodified (a)2-3 as (a)3-4, old 4 deleted, at (a)5 owners expense added and (a)6 deleted and new language added.
Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-2.8 Brucellosis test for imported cattle

The Department may require cattle to be imported to be tested for brucellosis if in its judgment such testing would be necessary to prevent introduction of the disease.

History

Amended by R.1981 d.39, effective 2/4/1981.
See: 13 New Jersey Register 4(b), 13 New Jersey Register 115(a).
Stylistic changes in (a); added (b).
Recodified from N.J.A.C. 2:3-2.4 and amended by R.1984 d.226, effective 5/31/1984.
See: 16 New Jersey Register 294(a), 16 New Jersey Register 1469(b).
Recodified from N.J.A.C. 2:3-2.4 to 2.9 with revisions in (b).
Repeal and recodification from N.J.A.C. 2:3-2.9 by R.1989 d.455, effective 8/21/1989.
See: 21 New Jersey Register 1477(a), 21 New Jersey Register 2470(a).
Revised text. Old section was "Interstate health certificate. The following annotation was originally part of 2:3-2.8 Interstate health certificate:".
New Rule, R.1984 d.226, effective 5/31/1984.
Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-2.9 Anaplasmosis or Bluetongue

(a) All cattle from states with endemic Anaplasmosis or Bluetongue, as determined by the United States Department of Agriculture, except cattle imported for slaughter, must be tested negative within 30 days prior to entry.

(b) Anaplasmosis positive cattle will be returned to the state of origin or quarantined until three repeated tests at least 30 days apart are negative.

(c) Bluetongue positive cattle will be quarantined and must be isolated until epidemiology and retesting discloses no potential threat to contact animals.

History

New Rule, R.1989 d.455, effective 8/21/1989.
See: 21 New Jersey Register 1477(a), 21 New Jersey Register 2470(a).
Old section "Brucellosis test for imported cattle" was recodified to N.J.A.C. 2:3-2.8.
Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote (a), (b); in (c), substituted "cattle" for "animals" following "Bluetongue positive".

Subchapter 3 SWINE IMPORTATION

N.J. Admin. Code § 2:3-3.1 Compliance with subchapter and importation requirements

In addition to the general requirements for importation set forth at N.J.A.C. 2:3-1.1 through 1.6, all swine moved into New Jersey shall meet the specific requirements of this subchapter.

History

Amended by R.1989 d.455, effective 8/21/1989.
See: 21 New Jersey Register 1477(a), 21 New Jersey Register 2470(a).
N.J.A.C. cite corrected.
Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Amended N.J.A.C. reference.

N.J. Admin. Code § 2:3-3.2 Definitions

(a) The following words and terms, as used in this subchapter, shall have the following meanings, unless context clearly indicates otherwise.

"Qualified pseudorabies negative herd" shall mean a herd as defined in 9 C.F.R. Part 85.1, incorporated herein by reference, as amended and supplemented.

"Validated brucellosis-free herd" shall mean a herd as defined in 9 C.F.R. Part 78.1, incorporated herein by reference, as amended and supplemented.

"Validated brucellosis-free state" shall mean a state as defined in 9 C.F.R. Part 78.1, incorporated herein by reference, as amended and supplemented.

(b) A copy of the documents set forth in (a) above may be obtained electronically at http://www.access.gpo.gov/nara/cfr/waisidx_04/9cfr78_04.html and http://www.access.gpo.gov/nara/cfr/waisidx_04/9cfr85_04.html.

(c) A copy of the documents set forth in (a) above is on file in the State Veterinarian's Office, Division of Animal Health, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, Trenton, NJ 08625.

History

Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Designated the introductory paragraph as (a); added (b), (c).

N.J. Admin. Code § 2:3-3.3 Brucellosis testing

(a) All imported swine shall be negative to an official brucellosis test within 30 days prior to entry.

(b) Swine that originate from a validated brucellosis-free state or a validated brucellosis-free herd are exempt from brucellosis testing. For a validated brucellosis-free herd, the Certificate of Veterinary inspection must include the validated brucellosis-free herd number of the herd of origin and the date on which the herd of origin was last tested for brucellosis.

N.J. Admin. Code § 2:3-3.4 Pseudorabies testing

(a) The Department hereby adopts and incorporates by reference the definitions of "Stage IV State/Area" and "Stage V State/Area" established under "Pseudorabies Eradication State-Federal-Industry Uniform Methods and Rules" (United States Department of Agriculture, 2003, APHIS 91-55-071, as amended and supplemented.)

(b) A copy of the document referred to at (a) above may be obtained electronically at http://www.aphis.usda.gov/animal_health/animal_dis_spec/swine/downloads /prv_program_standards.pdf.

(d) All imported swine shall be negative to an official pseudorabies test within 30 days prior to entry. Swine shall be held in quarantine on the farm of destination separate and apart from all native animals until retested negative not less than 30 nor more than 60 days following importation.

(e) Swine that originate from a pseudorabies Stage IV or V State/Area or originate from a qualified pseudorabies negative herd are exempt from pseudorabies testing. For a qualified pseudorabies negative herd, the Certificate of Veterinary Inspection shall include the qualified pseudorabies negative herd number of the herd of origin, and the date on which the herd of origin was last tested for pseudorabies.

(f) Importation into the State of New Jersey of swine vaccinated for pseudorabies is prohibited unless a permit has been issued by the State Veterinarian. Permits may be obtained as described in N.J.A.C. 2:3-1.9.

History

Amended by R.2001 d.283, effective 8/20/2001.
See: 33 New Jersey Register 1886(a), 33 New Jersey Register 2806(a).
In (a), substituted "Pseudorabies Eradication" for "Brucellosis Control/Eradication", "1999" for "1990", and "047" for "016".
Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-3.5 Reserved

History

Repealed by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Section was "Feeding Swine."

Subchapter 4 SHEEP IMPORTATION

N.J. Admin. Code § 2:3-4.1 Compliance and importation requirements

In addition to the general requirements for importation set forth at N.J.A.C. 2:3-1.1 through 1.6, all sheep moved into New Jersey, except those imported for slaughter, shall meet the specific requirements of this subchapter.

History

Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-4.2 Bluetongue

All sheep from states with endemic Bluetongue, as determined by the United States Department of Agriculture, except sheep imported for slaughter, must be tested negative within 30 days prior to entry.

History

New Rule, R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).

Subchapter 5 GOAT IMPORTATION

N.J. Admin. Code § 2:3-5.1 Compliance and importation requirements

In addition to the general requirements for importation, N.J.A.C. 2:3-1.1 through 1.6, all goats to be imported, except for those destined for slaughter, shall meet the specific requirements of this subchapter.

N.J. Admin. Code § 2:3-5.2 Definitions

"Accredited-free state or zone" shall mean a state or zone as defined in 9 C.F.R. Part 77.5.

"Accredited herd" shall mean a herd as defined in the "Bovine Tuberculosis Eradication Uniform Methods and Rules" (United States Department of Agriculture, 1999, APHIS 91-45-011.)

"Goats" shall mean animals of the genus Capra as defined in the "Bovine Tuberculosis Eradication Uniform Methods and Rules" (United States Department of Agriculture, 1999, APHIS 91-45-011.)

"Wethers" shall mean castrated male goats.

(b) A copy of the documents referred to at (a) above may be obtained electronically at http://www.aphis.usda.gov/animal_health/animal_diseases/tuberculosis/dow nloads/tb-umr.pdf and http://www.ecfr.gov/current/title-9/part-77/section-77.5.

(c) A copy of the documents referred to at (a) above is on file in the State Veterinarian's Office, Division of Animal Health, New Jersey Department of Agriculture, NJPHEAL, 3 Schwarzkopf Drive, Ewing, NJ 08628.

History

Amended by 56 N.J.R. 210(a), effective 2/5/2024

N.J. Admin. Code § 2:3-5.3 Tuberculosis testing

(a) All goats to be imported shall be negative to an official tuberculosis test within 60 days prior to entry.

(b) Goats to be imported that originate from an accredited-free state or zone or from an accredited herd shall be exempt from testing. The Certificate of Veterinary Inspection shall include the date on which the herd of origin was last tuberculin tested, and a statement by the accredited veterinarian that the goats to be imported were included in the most recent test of the herd of origin and testing with negative results occurred within one year prior to the date of movement, or were natural additions to the herd.

N.J. Admin. Code § 2:3-5.4 Tuberculosis test for imported goats

In addition to the tests required by N.J.A.C. 2:3-5.3, the Department may require goats imported to be tested for tuberculosis if in its judgment such testing would be necessary to prevent introduction of the disease.

N.J. Admin. Code § 2:3-5.5 Brucellosis testing

(a) All goats to be imported four months of age or over shall be negative to an official brucellosis test within 30 days prior to entry.

(b) Wethers shall be exempt from brucellosis testing.

Subchapter 6 EQUINE IMPORTATION

N.J. Admin. Code § 2:3-6.1 Compliance with subchapter and importation requirements

In addition to the general requirements for importation, N.J.A.C. 2:3-1.1 through 1.6, all equidae moved into New Jersey shall meet the specific requirements of this subchapter.

History

Recodified from N.J.A.C. 2:3-5.1 and amended by R.2005 d. 37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Amended N.J.A.C. reference. Former N.J.A.C. 2:3-6.1, Compliance with subchapter and importation requirements, recodified to N.J.A.C. 2:3-7.1.

N.J. Admin. Code § 2:3-6.2 Official test for equine infectious anemia

(a) "Official test for equine infectious anemia," as used in this subchapter, means the equine infectious anemia agar gel immuno-diffusion (AGID) procedure or the Enzyme Linked Immunosorbant Assay (ELISA) procedure as conducted in accordance with (b) below.

(b) All imported equidae shall have had a negative official test for equine infectious anemia conducted at a jointly approved United States Department of Agriculture--New Jersey Department of Agriculture laboratory within the past 12 months. Equidae younger than six months and accompanied by a dam that has a negative official test within the past 12 months are exempt from this testing requirement.

History

Amended by R.2001 d.283, effective 8/20/2001.
See: 33 New Jersey Register 1886(a), 33 New Jersey Register 2806(a).
Added sentence.
Recodified from N.J.A.C. 2:3-5.2 and amended by R.2005 d. 37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Former N.J.A.C. 2:3-6.2, Pullorum testing, recodified to N.J.A.C. 2:3-7.2.

Subchapter 7 POULTRY AND HATCHING EGG IMPORTATION

N.J. Admin. Code § 2:3-7.1 Compliance with subchapter and importation requirements

(a) In addition to the general requirements for importation, N.J.A.C. 2:3-1.1 through 1.6, no poultry or hatching eggs shall be moved into New Jersey except in conformity with the specific requirements of this subchapter, and N.J.A.C. 2:9, Avian Influenza.

(b) For purposes of this subchapter, the following words and terms shall have the following meanings unless the context clearly indicates otherwise:

"Auction market" means a business where producers, wholesalers, poultry distributor/dealers and retailers meet to purchase, trade or sell poultry.
"Avian Influenza" means both Highly Pathogenic Avian Influenza (HPAI) as defined by the World Organisation for Animal Health (WOAH) "Manual of Diagnostic Tests and Vaccines for Terrestrial Animals, Twelfth Edition, 2023," as amended and supplemented, which is herein adopted and incorporated by reference, or any Low Pathogenic Avian Influenza (LPAI) subtype H5 or H7 that falls outside the parameters of the definition for Highly Pathogenic Avian Influenza.

i. A copy of this document may be procured online at http://www.woah.org/fileadmin/Home/eng/Health_standards/tahm/A_summr y.htm.

ii. A copy of this document is on file in the State Veterinarian's Office, Division of Animal Health, New Jersey Department of Agriculture, NJPHEAL, 3 Schwarzkopf Drive, Ewing, NJ 08628.

"Breeding flock" means a flock that is intended for the production of hatching eggs.

"Flock" means a group of poultry, held separately from other poultry, which have been housed together for at least 21 days, without any additional poultry being added to the flock during the 21-day period.
"Live poultry market" means a facility or operation which offers poultry for sale and on-site slaughter.
"Poultry" means chickens, turkeys, guineafowl, peafowl, quail, grouse, chukars, pheasant, ratites and waterfowl, regardless of age or gender, with the exception of doves and pigeons.
"Poultry distributor/dealer" means a business that trades poultry in the live poultry market system by acquiring poultry from auction markets, multiple flocks and/or multiple geographic areas.

"Poultry inspection certificate" means a document issued by a State agency based on negative Avian Influenza test results by an approved laboratory. The certificate shall include:

i. The full name and address of the origin of the poultry;

ii. The type and quantity of poultry being moved;

iii. The date of issue and expiration date of the certificate;

iv. The dates, results and lab accession number(s) of qualifying tests; and

v. A statement verifying that the identified poultry have been co-mingled for a minimum of 21 days and no poultry have been added to the flock during this 21-day period prior to testing in accordance with N.J.A.C. 2:3-7.4(e) 1 through 4.

"Poultry invoice" means a document issued by a poultry distributor/dealer. The invoice shall include:

i. The full name and address of the poultry distributor/dealer;

ii. The type and quantity of poultry being moved;

iii. The date of movement;

iv. Proof of negative avian influenza status consistent with N.J.A.C. 2:3-7.4(e)1 through 4; and

v. The name and address of the live poultry market.

"Poultry waste" shall include, but not be limited to, poultry offal, poultry manure, poultry litter or egg shells.

History

Emergency amendment, R.2004 d.119, effective 2/23/2004 (to expire April 23, 2004).
See: 36 New Jersey Register 1608(a).
Codified section as (a) and added (b).
Adopted concurrent amendment, R.2004 d.197, effective 4/23/2004.
See: 36 New Jersey Register 1608(a), 36 New Jersey Register 1751(a), 36 New Jersey Register 2488(b).
Provisions of R.2004 d.119 adopted without change.
Recodified from N.J.A.C. 2:3-6.1 and amended by R.2005 d. 37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section. Former N.J.A.C. 2:3-7.1, was repealed.

N.J. Admin. Code § 2:3-7.2 Pullorum testing

(a) All poultry imported into New Jersey for breeding flock replacement shall originate from flocks classified as pullorum-typhoid clean under the National Poultry Improvement Plan, 9 C.F.R. Volume 1 (1-1-03 Edition), Part 145, as amended and supplemented, which is herein adopted and incorporated by reference.

(b) A copy of the document referred to at (a) above may be obtained electronically at http://www.ecfr.gov/current/title-9/part-145.

(d) All eggs imported for hatching shall originate from hatcheries or premises classified as pullorum-typhoid clean under the National Poultry Improvement Plan.

History

Recodified from N.J.A.C. 2:3-6.2 and amended by R.2005 d. 37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-7.3 Salmonella enteriditis

(a) All poultry imported into the State for the purpose of producing eggs for human consumption and hatching eggs imported for the purpose of raising poultry that will produce eggs for human consumption shall meet the standards of the United States Sanitation Monitored Program and the United States Salmonella Enteriditis Clean program of the National Poultry Improvement Plan, 9 C.F.R. Volume 1 (1-1-03 Edition), Part 145, as amended and supplemented, which is herein adopted and incorporated by reference.

(b) A copy of the document referred to at (a) above may be obtained electronically at http://www.ecfr.gov/current/title-9/part-145.

History

Recodified from N.J.A.C. 2:3-6.3 and amended by R.2005 d. 37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-7.4 Avian influenza

(a) No poultry waste originating from those areas, counties or states affected by Avian Influenza, as designated by the New Jersey Department of Agriculture, United States Department of Agriculture, or other state Departments of Agriculture, shall be imported into New Jersey for any purposes unless approved and provided a permit by the State Veterinarian.

(b) No poultry, or hatching eggs originating from a state, territory, or country where Highly Pathogenic Avian Influenza (HPAI) has been detected, shall be imported into New Jersey for live bird markets unless:

The poultry or hatching eggs are approved and provided a permit by the State Veterinarian; and
The poultry or hatching eggs meet testing requirements as follows:

i. All poultry shall originate and move directly from an established flock in which a minimum of 30 birds, seven days of age and older, were tested negative for Avian Influenza using real-time reverse-transcriptase polymerase chain reaction (rRT-PCR). If the flock contains less than 30 birds, all birds from within the flock must be tested.

(1) rRT-PCR testing is accepted for all gallinaceous poultry and domestic ducks. The date of sample collection must be within 72 hours prior to the date of entry into New Jersey and the shipment must be accompanied by a copy of the finalized laboratory report indicating that the poultry tested negative for Avian Influenza.

(2) Only virus isolation testing is accepted for movement of waterfowl, other than domestic ducks, into the State of New Jersey. Negative Avian Influenza virus isolation results are not expected within 72 hours of sample collection date; therefore, prior approval for movement of waterfowl other than domestic ducks must be obtained from the New Jersey State Veterinarian.

ii. All hatching eggs and poultry less than seven days of age shall originate and move directly from an established flock that meets the testing requirements of (b)2i above.

(c) Poultry or hatching eggs that are not subject to (b) above shall be imported into the State from any area outside New Jersey only if:

The poultry or hatching eggs are accompanied by a Certificate of Veterinary Inspection which states that the poultry or hatching eggs:

i. Originate and are moving directly from an established flock that participates in the National Poultry Improvement Plan (NPIP) U.S. Avian Influenza Clean program or NPIP U.S. H5/H7 Avian Influenza Clean or Monitored program;

ii. Originate and are moving directly from a test negative Avian Influenza monitored flock; or

iii. Originate and are moving directly from a test negative Avian Influenza tested flock;

The poultry are accompanied by a Poultry Inspection Certificate for movement within the live bird marketing system; or
The poultry or hatching eggs are accompanied by a Veterinary Services (VS) Form 9-3 for movement directly from an established flock that participates in the NPIP U.S. Avian Influenza Clean program or NPIP U.S. H5/H7 Avian Influenza Clean or Monitored program.

(d) Poultry less than seven days of age and not subject to (b)2ii above are exempt from testing requirements if these birds originated and moved directly from a breeding flock that meets the requirements of (c)1 through 3 above.

History

Amended by 47 N.J.R. 2349(a), effective 9/21/2015

N.J. Admin. Code § 2:3-7.5 Routes: Shipment of poultry and poultry waste

(a) All vehicles carrying poultry, hatching eggs or poultry waste through New Jersey, without stopping to unload or pick up poultry in New Jersey, shall confine themselves to interstate highway system roads.

(b) All vehicles carrying poultry, hatching eggs or poultry waste through or into New Jersey shall follow routes designated by this section. The State Veterinarian may order additional routing requirements as conditions warrant.

(c) All vehicles specified in (b) above shall adhere to the following routes, unless given written permission by the State Veterinarian to use alternate routes:

All vehicles traveling through New Jersey shall travel only on the interstate highway system, excluding Route 40, which is in close proximity to large poultry production houses.

Vehicles entering New Jersey for the Vineland vicinity shall adhere to one of the following routes:

i. From Pennsylvania or Delaware: Across the Delaware Memorial Bridge north on I-295, or the New Jersey Turnpike to Route 322, east on Route 322 to Route 55 south.

(1) To B & B Poultry: Take State Route 56 West to County Route 638 then to Almond Road (County Route 540).

(2) To Vineland Kosher Poultry, Inc.: Take State Route 56 East to South Mill Road.

ii. From Pennsylvania or Delaware: Across the Commodore Barry Bridge to Route 322 to Route 55 and then follow one of the routes set forth in (c)2i above.

iii. From New York: On the New Jersey Turnpike to Route 322 east and then follow one of the routes set forth in (c)2i above.

Drivers of vehicles specified in (b) above shall request routes for other destinations in New Jersey from the State Veterinarian.
The State Veterinarian shall provide a map and/or directions with required travel routes upon request.

History

Amended by R.1989 d.454, effective 8/21/1989.
See: 21 New Jersey Register 1479(a), 21 New Jersey Register 2472(a).
(a)1 and 2 deleted.
Emergency amendment, R.2004 d.119, effective 2/23/2004 (to expire April 23, 2004).
See: 36 New Jersey Register 1608(a).
Rewrote (b); added (c).
Adopted concurrent amendment, R.2004 d.197, effective 4/23/2004.
See: 36 New Jersey Register 1608(a), 36 New Jersey Register 1751(a), 36 New Jersey Register 2488(b).
Provisions of R.2004 d.119 adopted without change.
Recodified from N.J.A.C. 2:3-6.5 and amended by R.2005 d. 37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

Subchapter 8 CAPTIVE CERVID IMPORTATION

N.J. Admin. Code § 2:3-8.1 Compliance with importation requirements

In addition to the general requirement for importation, N.J.A.C. 2:3-1.1 through 1.6, all captive cervids moved into New Jersey shall meet the specific requirements of this subchapter. Captive cervids are considered game animals in the State of New Jersey, and are also required to meet the specific requirements of the New Jersey Department of Environmental Protection found at N.J.A.C. 7:25-10.

History

Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-8.2 Definitions

(a) As used in this subchapter, the Department hereby adopts and incorporates by reference the definitions of the following words and terms, found in the Code of Federal Regulations, as amended and supplemented, unless the context clearly indicates otherwise:

"Accredited-free state or zone" shall mean a state or zone as defined in 9 C.F.R. Part 77.20.

"Accredited herd" shall mean a herd as defined in 9 C.F.R. Part 77.20.

"Captive cervids" shall mean cervids as defined in 9 C.F.R Part 77.20.

"Monitored herd" shall mean a herd as defined in 9 C.F.R. Part 77.20.

"Nonaccredited states or zones" shall mean states or zones as defined in 9 C.F.R. Part 77.20.

"Qualified herd" shall mean a herd as defined in 9 C.F.R. Part 77.20.

(b) A copy of the documents referred to at (a) above may be obtained electronically at http://www.ecfr.gov/current/title-9/part-77/section-77.20.

History

Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-8.3 Tuberculosis testing

(a) Captive cervids to be imported that originate from a non-accredited state or zone are prohibited from entering the State of New Jersey.

(b) All captive cervids to be imported:

Shall be accompanied by a Certificate of Veterinary Inspection which shall include both a statement that the animals to be imported originated from a herd which was negative to a whole herd test conducted within the one year of movement or were natural additions to the herd, and the date on which the herd of origin was last tuberculin tested; and shall have passed an official tuberculin test twice, at least 90 days but not more than six months apart, with the second test conducted within 90 days prior to the date of movement;
Shall have originated from a monitored herd provided that they are accompanied by a Certificate of Veterinary Inspection stating that such captive cervids originate from a monitored herd and have been tested negative to an official tuberculosis test that was conducted within 90 days prior to the date of movement; or
Shall have originated from a qualified herd provided that they are accompanied by a Certificate of Veterinary Inspection stating that such captive cervids originate from a qualified herd and have been tested negative to an official tuberculosis test that was conducted within 90 days prior to the date of movement.

(c) Captive cervids that originate from an accredited-free state or zone, or an accredited herd, are exempt from tuberculosis testing requirements. For an accredited herd, the Certificate of Veterinary Inspection shall include the accredited herd number of the herd of origin, the date on which the herd of origin was last tuberculin tested, and a statement that the animals to be imported were included most recent test of the herd of origin; that testing with negative results occurred within one year prior to the date of movement, or that the animals to be imported were natural additions to the herd.

History

Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-8.4 Brucellosis testing

All captive cervids to be imported, six months of age or over, shall be negative to an official brucellosis test within 30 days prior to entry.

History

New Rule, R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).

N.J. Admin. Code § 2:3-8.5 Bluetongue testing

All captive cervids to be imported from states with endemic Bluetongue, as determined by the United States Department of Agriculture, except captive cervids imported for slaughter, must be tested negative within 30 days prior to entry.

History

New Rule, R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).

N.J. Admin. Code § 2:3-8.6 Chronic wasting disease

(a) Movement of any captive cervid into the State of New Jersey is prohibited unless captive cervids to be imported are members of a herd participating in the United States Department of Agriculture Chronic Wasting Disease Herd Certification Program and are in compliance with the United States Department of Agriculture rules governing interstate movement of captive cervids, as described in 9 C.F.R. Volume 1 (1-1-04 Edition), Part 55, as amended and supplemented, which is herein adopted and incorporated by reference.

(b) A copy of the document referred to at (a) above may be obtained electronically at http://www.aphis.usda.gov/aphis/ourfocus/animalhealth/animal-disease-information/cervid/cervids-cwd and http://www.ecfr.gov/current/title-9/chapter-I/subchapter-B/part-55?toc=1.

History

New Rule, R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).

Subchapter 9 LLAMA AND ALPACA IMPORTATION

N.J. Admin. Code § 2:3-9.1 Compliance with importation requirements

In addition to the general requirements for importation, N.J.A.C. 2:3-1.1 through 1.6, all llamas and alpacas moved into New Jersey shall meet the specific requirements of this subchapter.

History

Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

N.J. Admin. Code § 2:3-9.2 Definitions

"Accredited-free state or zone" shall mean a state or zone as defined in 9 C.F.R. Part 77.5.

"Camelids" mean members of the Genus Lama.

(b) A copy of the document referred to at (a) above may be obtained electronically at http://www.ecfr.gov/current/title-9/part-77/section-77.5.

History

New Rule, R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).

N.J. Admin. Code § 2:3-9.3 Tuberculosis testing

(a) All camelids to be imported shall be negative to an official tuberculosis test within 60 days prior to entry.

(b) Camelids to be imported that originate from an accredited-free state or zone shall be exempt from testing.

History

New Rule, R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).

N.J. Admin. Code § 2:3-9.4 Brucellosis testing

(a) All camelids to be imported six months of age or over shall be negative to an official brucellosis test within 30 days prior to entry.

(b) Neutered male camelids are exempt from testing requirements.

History

New Rule, R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).

Subchapter 10 NUTRIA MYOCASTER COYPU IMPORTATION

N.J. Admin. Code § 2:3-10.1 Compliance with importation requirements

In addition to the general requirements for importation, N.J.A.C. 2:3-1.1 through 1.6, all nutria are considered exotic game animals in the State of New Jersey, and as such shall meet the requirements of the New Jersey Department of Environmental Protection found at N.J.A.C. 7:25-10.

History

Amended by R.1989 d.455, effective 8/21/1989.
See: 21 New Jersey Register 1477(a), 21 New Jersey Register 2470(a).
Nutria, spelling correction.
Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Rewrote the section.

Subchapter 11 LIVESTOCK AND POULTRY FOR EXHIBITION

N.J. Admin. Code § 2:3-11.1 Compliance with importation requirements

In addition to the general requirements for importation, N.J.A.C. 2:3-1.1 through 1.6, all livestock and poultry imported for exhibition, including rodeo stock, shall also comply with the requirements for each specific class of livestock or poultry.

History

Amended by R.2005 d.37, effective 1/18/2005.
See: 36 New Jersey Register 4285(a), 37 New Jersey Register 256(a).
Amended N.J.A.C. reference.

Chapter 5 QUARANTINES AND EMBARGOES ON ANIMALS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 2:5-1.1 Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Cleaned and disinfected" means free of organic matter and disinfected, as described at 9 CFR 71.7, 71.10, 71.11, and 71.12, which are incorporated herein by reference.

"Department" means the New Jersey Department of Agriculture.

"Equidae" means members of the family Equidae, including, but not limited to, horses, ponies, donkeys, hinnies, mules, and miniature breeds.

"Livestock" means cattle, equidae, swine, small ruminants, rabbits, and poultry.

"State Veterinarian" means the Director, Division of Animal Health, New Jersey Department of Agriculture, or his or her designee.

"USDA Category II Accredited Veterinarian" means a state-licensed veterinarian accredited by the United States Department of Agriculture to perform certain functions of Federal and cooperative state-Federal programs in accordance with the provisions at 9 CFR Parts 160 through 162.

History

New Rule by R.2005 d.398, effective 11/21/2005.
See: 37 New Jersey Register 2307(a), 37 New Jersey Register 4395(a).
Former N.J.A.C. 2:5-1.1, Livestock prohibition--Vesicular stomatitis, recodified as N.J.A.C. 2:5-2.2, Vesicular stomatitis.

Subchapter 2 DELEGATION OF QUARANTINE AUTHORITY

N.J. Admin. Code § 2:5-2.1 State Board Approval

(a) At least once each calendar year, and at any other time deemed necessary, the State Veterinarian shall advise the State Board of Agriculture of any contagious or infectious animal diseases as may be present in the State.

If, in the opinion of the State Veterinarian, a disease is persistent and difficult to eradicate, authority may be requested from the State Board of Agriculture for the State Veterinarian to issue prospective quarantines and violations and assess penalties for that disease, without prior Board approval for a period not to exceed 12 months.
If a quarantine is issued pursuant to this authority, at the next regularly scheduled State Board of Agriculture meeting, the State Veterinarian shall notify the Board of the quarantine and any violations issued, penalties assessed, or any other actions taken.

History

New Rule by R.2005 d.398, effective 11/21/2005.
See: 37 N.J.R. 2307(a), 37 N.J.R. 4395(a).
Former N.J.A.C. 2:5-2.1 recodified as N.J.A.C. 2:5-3.1.

N.J. Admin. Code § 2:5-2.2 Recodified

History

Emergency New Rule, R.1995, d.451, effective 7/24/1995 (expires September 22, 1995).
See: 27 New Jersey Register 2976(a). Adopted concurrent proposal, R.1995 d.595, effective 11/20/1995.
See: 27 New Jersey Register 2976(a), 27 New Jersey Register 4695(a).
Recodified from N.J.A.C. 2:5-1.1 and amended by R.2005 d.398, effective 11/21/2005.
See: 37 New Jersey Register 2307(a), 37 New Jersey Register 4395(a).
Former N.J.A.C. 2:5-2.2 recodified as N.J.A.C. 2:5-3.2.

N.J. Admin. Code § 2:5-2.3 Reserved

History

Repealed by R.2005 d.398, effective 11/21/2005.
See: 37 New Jersey Register 2307(a), 37 New Jersey Register 4395(a).
Section was "Importation for immediate slaughter."

Subchapter 3 LIVESTOCK AND POULTRY PROHIBITION

N.J. Admin. Code § 2:5-3.1 Livestock and poultry prohibition

(a) Premises, areas, counties, states, countries, provinces, territories, U.S. territories, or tribal nations suspected or found positive for a contagious or infectious disease may be embargoed by the Department.

(b) Once official laboratory confirmation is received that a premises, area, county, state, country, province, territory, U.S. territory, or tribal nation is positive for a contagious or infectious disease, such premises, areas, counties, states, countries, provinces, territories, U.S. territories, or tribal nations shall remain embargoed until the State Veterinarian is satisfied that the risk of disease exposure no longer exists.

History

New Rule, R.1988 d.369, effective 8/1/1988.
See: 20 N.J.R. 695(a), 20 N.J.R. 1870(a).
Amended by R.1989 d.270, effective 5/15/1989.
See: 21 N.J.R. 92(a), 21 N.J.R. 1384(a).
Deleted definitions of "herd", "herd test", "natural additions", "New Jersey EIA certified free equidae (herd)", "non-certified additions" and "non-certified horse/herd"; added definition for "slaughter buyers".
Recodified from N.J.A.C. 2:5-2.1 and amended by R.2005 d.398, effective 11/21/2005.
See: 37 N.J.R. 2307(a), 37 N.J.R. 4395(a).

N.J. Admin. Code § 2:5-3.2 Vesicular stomatitis

(a) The following words or terms, as used in this section, shall have the following meanings, unless the context clearly indicates otherwise:

"Vesicular stomatitis positive location" shall mean any state, country, province, territory, U.S. territory, or tribal nation in which vesicular stomatitis is currently identified as being present in any livestock or wild or exotic animals by state, Federal, or other appropriate animal health officials, or in which there is a quarantine for vesicular stomatitis.

(b) All livestock and wild and exotic animals to be imported from any vesicular stomatitis positive location:

Shall be accompanied by a Certificate of Veterinary Inspection in accordance with N.J.A.C. 2:31.4, issued within 72 hours of shipment, which includes the following statements:

i. The animals have been inspected and found free of evidence of vesicular stomatitis within 72 hours of shipment; and

ii. The animals have not been on any premises on which vesicular stomatitis has been currently identified or exposed to any animal that has been vaccinated for vesicular stomatitis during the 30 days prior to the inspection date.

(c) In addition to (b) above, all livestock and wild and exotic animals to be imported from any vesicular stomatitis positive location must first obtain a permit number for entry from the Department. A permit number may be requested by telephone at (609) 671-6400 or by fax at (609) 671-6413 or by email at State.veterinarian@ag.nj.gov (non-holiday weekdays, 8:45 A.M. to 4:45 P.M., ET).

These animals must be accompanied by a negative test for vesicular stomatitis performed by an International Organization for Standardization (ISO), or American Association of Veterinary Laboratory Diagnosticians (AAVLD)-accredited or National Animal Health Laboratory Network (NAHLN)-approved laboratory within 10 days prior to shipment; and
Animals imported into New Jersey under such a permit shall be automatically quarantined for 14 days, and shall be isolated from other livestock and susceptible species until the quarantine expires or the animal(s) is released by the State Veterinarian.
Based on epidemiological risk, areas of a state, country, province, territory, U.S. territory, or tribal nation may be exempted from the requirements in this subsection by the State Veterinarian. Such epidemiological risk evaluation may consider factors associated with the risk of the presence and transmission of vesicular stomatitis in such areas, including, but not limited to, the consideration and assessment of the nature of the disease, the means or methods of its transmission, the proximity to an identified outbreak of the disease, mitigation methods that may have been used, and the species involved.

(d) New Jersey premises suspected or found positive by official laboratory confirmation for vesicular stomatitis shall be quarantined by the State Veterinarian.

(e) Once official laboratory confirmation of vesicular stomatitis exists, such premises shall remain under quarantine until the State Veterinarian is satisfied that the risk of disease exposure no longer exists.

History

Amended by R.1974 d.256, effective 9/19/1974.
See: 6 N.J.R. 295(b), 6 N.J.R. 386(c).
Amended by R.1988 d.369, effective 8/1/1988.
See: 20 N.J.R. 695(a), 20 N.J.R. 1870(a). Administrative correction to (g).
See: 22 N.J.R. 628(a). Recodified from N.J.A.C. 2:5-2.2, by R.2005 d.398, effective 11/21/2005.
See: 37 N.J.R. 2307(a), 37 N.J.R. 4395(a).
Former N.J.A.C. 2:5-3.2, Vehicles, was repealed.

N.J. Admin. Code § 2:5-3.3 Recodified

History

New Rule, R.1979 d.136, effective 4/3/1979.
See: 11 New Jersey Register 114(b), 11 New Jersey Register 223(a).
Amended by R.1988 d.369, effective 8/1/1988.
See: 20 New Jersey Register 695(a), 20 New Jersey Register 1870(a).
Amended by R.1989 d.270, effective 5/15/1989.
See: 21 New Jersey Register 92(a), 21 New Jersey Register 1384(a).
Changed test requirement from 12 to 24 months.
Recodified from N.J.A.C. 2:5-2.5 and amended by R.1995 d.199, effective 4/3/1995.
See: 26 New Jersey Register 1908(b), 27 New Jersey Register 1399(b).
Recodified from N.J.A.C. 2:5-2.4, by R.2005 d.398, effective 11/21/2005.
See: 37 New Jersey Register 2307(a), 37 New Jersey Register 4395(a).
Former N.J.A.C. 2:5-3.3, Equipment, was repealed.

N.J. Admin. Code § 2:5-3.4 Recodified

History

New Rule, R.1979 d.136, effective 4/3/1979.
See: 11 New Jersey Register 114(b), 11 New Jersey Register 223(a).
Amended by R.1988 d.369, effective 8/1/1988.
See: 20 New Jersey Register 695(a), 20 New Jersey Register 1870(a).
Amended by R.1989 d.270, effective 5/15/1989.
See: 21 New Jersey Register 92(a), 21 New Jersey Register 1384(a).
Eliminated reference to "certified free herds".
Recodified from N.J.A.C. 2:5-2.6 and amended by R.1995 d.199, effective 4/3/1995.
See: 26 New Jersey Register 1908(b), 27 New Jersey Register 1399(b).
Recodified from N.J.A.C. 2:5-2.5 by R.2005 d.398, effective 11/21/2005.
See: 37 New Jersey Register 2307(a), 37 New Jersey Register 4395(a).

N.J. Admin. Code § 2:5-3.5 Recodified

History

New Rule, R.1979 d.136, effective 4/3/1979.
See: 11 New Jersey Register 114(b), 11 New Jersey Register 223(a).
Amended by R.1988 d.369, effective 8/1/1988.
See: 20 New Jersey Register 695(a), 20 New Jersey Register 1870(a).
Amended by R.1989 d.270, effective 5/15/1989.
See: 21 New Jersey Register 92(a), 21 New Jersey Register 1384(a).
Deleted (c) and changed reference in (b) for period of one year prior to date of claim to 24 months prior to date of claim.
Amended by R.1989 d.454, effective 8/21/1989.
See: 21 New Jersey Register 1479(a), 21 New Jersey Register 2472(a).
At (a), new 3 added regarding requirements for purchase for slaughter.
Recodified from N.J.A.C. 2:5-2.7 and amended by R.1995 d. 199, effective 4/3/1995.
See: 26 New Jersey Register 1908(b), 27 New Jersey Register 1399(b).
Recodified from N.J.A.C. 2:5-2.6 by R.2005 d.398, effective 11/21/2005.
See: 37 New Jersey Register 2307(a), 37 New Jersey Register 4395(a).

Subchapter 4 EQUINE INFECTIOUS ANEMIA

N.J. Admin. Code § 2:5-4.1 Definitions

The following words and terms, as used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise.

"Approved laboratory" means a laboratory meeting all requirements and procedures of USDA, MRP, APHIS, VS Guidance Document No. 15201.1, dated April 5, 2019, incorporated herein by reference, as amended and supplemented. A copy of these documents are on file in the State Veterinarian's Office, Division of Animal Health, New Jersey Department of Agriculture, NJPHEAL, 3 Schwarzkopf Drive, Ewing, NJ 08628.

"Equine infectious anemia (EIA)" means an infectious and contagious disease of equidae caused by a transmissible virus, known colloquially as swamp fever.

"Exposed equidae" means equidae that may have been exposed to EIA through direct/indirect association with an equine or equines having tested positive on approved diagnostic tests. "Direct/indirect association" includes, but is not limited to, association by way of contact, physical proximity, common ownership, or the likelihood of common fomites. An equidae will continue to be an exposed equidae until such time as it has tested negative pursuant to the USDA APHIS, Equine Infectious Anemia: Uniform Methods and Rules (APHIS-91-55-064 January 10, 2007), incorporated by reference, as amended and supplemented. A copy of that document is on file in the State Veterinarian's Office, Division of Animal Health, New Jersey Department of Agriculture, NJPHEAL, 3 Schwarzkopf Drive, Ewing, NJ 08628.

"Official test for equine infectious anemia" means:

The equine infectious anemia agar gel immuno-diffusion (AGID) test or the Enzyme Linked Immunosorbent Assay (ELISA) test;
The test shall be conducted at a United States Department-approved laboratory for EIA testing; and
The blood sample shall be collected and submitted by a USDA Category II Accredited Veterinarian.

"Official test report" means a report that includes the following:

A complete description of the animal including name, registration number, microchip number, if any, breed, brand, tattoo, if any, sex, age, and color;
The name and address of the owner;
The location of the animal at the time of sample collection;
The date the sample was collected;
The name and location of the laboratory that conducted the test;
The date the laboratory test was conducted;
Signature of the USDA Category II Accredited Veterinarian who collected the sample; and
An endorsed or otherwise certified result of an official test for equine infectious anemia from an approved laboratory.

The owner, transferee, or transferor shall keep an official test report for a minimum of two years, or as otherwise required by law. Upon request, an unaltered copy or original copy of said report shall be furnished to the State Veterinarian.

"Reactor" means any equidae that has been subjected to an official test for equine infectious anemia whose result is positive for EIA and confirmed by the AGID test.

History

New Rule by R.2005 d.398, effective 11/21/2005.
See: 37 New Jersey Register 2307(a), 37 New Jersey Register 4395(a).

N.J. Admin. Code § 2:5-4.2 Quarantining and branding of reactor and exposed equidae; branding of reactor

(a) When the disease of equines known as EIA exists or is suspected to exist in any equidae or stable of equidae based on epidemiological investigation, the Department may require the quarantine and testing of all such equidae to ascertain the presence or absence of EIA.

(b) All equidae having a positive official test for EIA will be quarantined to the premises. Authorized veterinary agents of the Department will properly identify the positive equidae and rebleed them to confirm the diagnosis and make sure the proper equidae has been quarantined.

(c) The owner or custodian shall confine, present, control, and restrain such equidae for examination tests and identification, as necessary.

(d) Equidae during the testing period shall be confined and not moved from the premises. Identification marks or devices affixed for the purpose of the test shall not be altered or defaced.

(e) Reactors shall be officially identified pursuant to 9 CFR 75.4.

(f) Reactors may be humanely destroyed or moved on a permit issued by an authorized agent under the direction of the State Veterinarian. Permits will be required to move exposed equidae to a new location, provided the location meets the requirements of the Department.

(g) Reactors that are not to be destroyed shall be quarantined to the premises and must be kept separate and apart from all other equidae on the premises in tightly screened quarters to prevent contact with vectors known to transmit EIA and be supplied with separate equipment, as approved by the State Veterinarian.

(h) The Department will not be liable for any loss of value of the branded equidae or for any indemnity for an equidae that is voluntarily destroyed.

History

New Rule by R.2005 d.398, effective 11/21/2005.
See: 37 New Jersey Register 2307(a), 37 New Jersey Register 4395(a).

N.J. Admin. Code § 2:5-4.3 Test requirements for transport

(a) No equidae six months or more of age, unless exempted by the provisions at N.J.A.C. 2:5-4.4 or 4.5, shall be ridden, driven, led, or otherwise moved and/or transported on any public highway or place of public area or take part in an event or occasion of any kind or format in which equidae from different premises are commingled within the State, unless the custodian of such animal has in his or her possession during the period of such movement a valid negative official test report for such animal.

Said official test report shall be valid for 24 months from the date of sample collection.

History

Amended and recodified from N.J.A.C. 2:5-3.3 by 55 N.J.R. 1683(b), effective 8/7/2023

N.J. Admin. Code § 2:5-4.4 Test requirements for sale or other exchange of ownership

(a) No equidae six months or more of age, unless exempted by provisions of this section or N.J.A.C. 2:5-4.5 shall be sold, adopted, rescued, seized, rehomed, exchanged, bartered, given away, or otherwise have a change of ownership or custody, unless such animal has a negative official test for EIA with the sample collected within 90 days prior to such transfer.

At the time of such transfer, the transferor shall deliver personally or by certified mail to the transferee, an unaltered copy of the official test report.

History

Amended and recodified from N.J.A.C. 2:5-3.4 by 55 N.J.R. 1683(b), effective 8/7/2023

N.J. Admin. Code § 2:5-4.5 Other authorized movement or transfer

(a) The provisions at N.J.A.C. 2:5-4.3 and 4.4 shall not apply to:

Any equidae imported for purposes of immediate slaughter or immediate veterinary care;
Equidae younger than six months and accompanied by a dam that has a negative official test for EIA within the past 12 months; or
Other authorized purpose, provided written authorization for such movement or transfer is obtained in advance thereof from the State Veterinarian.
In the case of importation or transport, such authorization must be in the possession of the custodian of the animal at all times during such movement.

(b) The provisions at N.J.A.C. 2:5-4.4(a) shall not apply to any horse claimed in any claiming race conducted by any race track licensed by the New Jersey State Racing Commission and such horse need not be retested for EIA, provided such horse and all other horses admitted to said track have been tested and found negative for the disease within 24 months prior to the date of the claim.

History

Amended and recodified from N.J.A.C. 2:5-3.5 by 55 N.J.R. 1683(b), effective 8/7/2023

Subchapter 5 CONTAGIOUS EQUINE METRITIS PROGRAM

N.J. Admin. Code § 2:5-5.1 Program requirements

(a) The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicate otherwise.

"Approved laboratory" means a State or Federal laboratory approved for Equine Viral Arteritis (EVA) testing by the United States Department of Agriculture (USDA), or a National Animal Health Laboratory Network (NAHLN) laboratory.

"Contagious equine metritis (CEM)" means a venereal disease of horses caused by Taylorella equigenitalis , a gram-negative coccobacillus.

"The New Jersey Contagious Equine Metritis Program" means a program meeting 9 CFR 93.300 through 93.301 and all requirements and procedures of USDA, APHIS, VS Guidance 13406.2, dated October 18, 2019, incorporated herein by reference, as amended and supplemented. A copy of these documents are on file in the State Veterinarian's Office, Division of Animal Health, New Jersey Department of Agriculture, NJPHEAL, 3 Schwarzkopf Drive, Ewing, NJ 08628.

(b) The Department adopts the rules and regulations at 9 CFR 93.300-93.301, and all requirements and procedures of USDA, APHIS, VS Guidance 13406.2, dated October 18, 2019, incorporated herein by reference, as amended and supplemented, as the official rules and regulations of the New Jersey CEM Program for imported equidae at approved quarantine facilities.

In addition, the Department shall require the approved quarantine facility to arrange for the following procedures to be completed upon arrival for each imported equidae:

i. An official test for equine infectious anemia (EIA), as described at N.J.A.C. 2:5-4.1;

ii. An EVA Serum Neutralization test performed by an approved laboratory; and

iii. A microchip that complies with International Organization of Standardization (ISO) 11784/11785.

(c) On an as-needed basis, as determined by the State Veterinarian, the Department may request and evaluate applications for a new CEM Quarantine facility in order to serve the interests of the New Jersey CEM Program.

Applicants for Department approval to operate a new CEM facility will be selected or denied based upon multiple factors including, but not limited to, their qualifications and ability to comply with the requirements described at (b) above, the suitability of the proposed premises, and the availability of Department resources to provide the necessary oversight for the proposed new CEM facility.

History

New Rule by R.2005 d.398, effective 11/21/2005.
See: 37 New Jersey Register 2307(a), 37 New Jersey Register 4395(a).

Subchapter 6 LIVESTOCK AND POULTRY

N.J. Admin. Code § 2:5-6.1 Quarantine of premises containing livestock and poultry

(a) Premises suspected or found positive by official laboratory confirmation for a contagious or infectious disease shall be quarantined by the State Veterinarian.

(b) If official laboratory confirmation is received that a premises is positive for a contagious disease, such premises shall remain under quarantine until the State Veterinarian is satisfied that the risk of disease exposure no longer exists.

(c) At the time of quarantine, the State Veterinarian will outline the conditions of quarantine based on the specific disease.

(d) The quarantine will be lifted when the premises are found to be free from a contagious or infectious disease based on official laboratory confirmation and epidemiological evaluation by the State Veterinarian.

History

Amended and recodified from N.J.A.C. 2:5-4.1 by 55 N.J.R. 1683(b), effective 8/7/2023

N.J. Admin. Code § 2:5-6.2 Biosecurity

Any premises, vehicles, protective clothing, equipment, conveyance, container, or other fomites that may have been contaminated due to an outbreak of infectious or contagious disease shall be cleaned and disinfected and/or disposed of in accordance with a clean-up plan approved by the State Veterinarian to prevent disease transmission.

History

Amended and recodified from N.J.A.C. 2:5-4.2 by 55 N.J.R. 1683(b), effective 8/7/2023

N.J. Admin. Code § 2:5-6.3 Examination and testing to confirm existence of diseases or agents affecting livestock or poultry or premises

When there is reason to believe that any livestock or poultry or premises is affected by a disease or agent, described at N.J.A.C. 2:2-1.1, the Department may undertake appropriate examination and testing to confirm the existence of such disease or agent, and the Department may enter any property for that purpose. Owners of livestock or poultry or premises to be examined and tested pursuant to this section, and their agents, shall grant access and provide assistance to the Department, as requested, and instructed by the Department and its representatives, including assistance by restraining, handling, and making available any animals involved until completion of the examination and testing. No person shall interfere with or otherwise obstruct any agent of the Department in the performance of their duties authorized by this section.

History

Adopted by 55 N.J.R. 1683(b), effective 8/7/2023

Subchapter 7 PENALTIES

N.J. Admin. Code § 2:5-7.1 Penalties for violations of this chapter

(a) Any person who shall violate the provisions of this chapter shall be liable for a penalty of not less than $ 1,000 per unit or violation nor more than $ 2,000 per unit or violation for a first offense.

(b) For a second or subsequent offense, the penalty shall be $ 2,000 per unit or violation or may subject the offender to imprisonment for not more than one year, or both.

(c) A unit is any division or quantity accepted as a standard of measurement or exchange. Where it is possible to determine the number of animals (livestock or poultry), including by use of a reasonable estimate, the Department will use that number as the basis for calculating a penalty. Where a reasonable estimate of the number of animals involved has been relied upon as the basis for a penalty calculation, the Department will describe the evidence supporting its estimate. The evidence upon which a reasonable estimate of the number of animals involved will depend on the circumstances and may include, but is not limited to, reliance on one or more of the following: actual count(s); commercial or transportation documents; investigator and/or witness statements; standard operating procedures and/or other customary practices; standard sizes of shipping crates or transport vehicle capacity; or any other identifiable means that can provide an evidentiary basis to determine the number of animals involved for penalty calculation purposes.

(d) Every day upon which a violation occurs at the same individual location or by the same individual or persons representing that individual shall be considered a separate violation.

(e) The State Veterinarian shall make an initial determination as to whether a violation exists and the amount of the penalty to be assessed.

(f) Any person who is aggrieved by the determination of the State Veterinarian pursuant to (e) above shall, upon written request transmitted to the Department within 20 days of the notice of violation, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

Requests for hearings shall be sent to Director, Division of Animal Health, New Jersey Department of Agriculture, PO Box 400, Trenton, New Jersey 08625-0400.
An informal prehearing conference with the State Veterinarian shall occur within 30 calendar days after the Department receives the written request for a hearing.

(g) The State Board of Agriculture shall make a final determination as to whether to affirm, amend or overturn any violations or penalties assessed thereon following a hearing as provided in (f) above.

(h) Orders for penalties or to enjoin continuing violations may be enforced by summary action brought in the name of the Department in Superior Court or Municipal Court.

History

Amended and recodified from N.J.A.C. 2:5-5.1 by 55 N.J.R. 1683(b), effective 8/7/2023

Chapter 6 BIOLOGICAL PRODUCTS FOR DIAGNOSTIC OR THERAPEUTIC PURPOSES

Subchapter 1 BIOLOGICAL LICENSING

N.J. Admin. Code § 2:6-1.1 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Accredited veterinarian" means any licensed Doctor of Veterinary Medicine who has fulfilled the requirements for Federal and State accreditation, pursuant to 9 C.F.R. §§ 160.1 et seq. in the State of New Jersey.

"Biological product" or "biologic," "biological" and "biological drug" mean any product utilizing virus (whether active or inactive) or any molecular part thereof, bacteria or any genetic equivalent thereof, or toxin as its basic component, or any product derived from the serum of any other animal, in the diagnosis (diagnostic biologic) or prevention (prophylactic biologic) of animal disease. This includes any and all products covered by the Animal Virus, Serum, and Toxin Act, 21 U.S.C. §§ 151 et seq., and the regulations issues pursuant thereto, 9 C.F.R. §§ 101.1 et seq.

"Diagnostic biologic" means a preparation of bacterial, viral or parasitic agents, products, factions, serums, or fractions of serums utilized to determine experience with a disease causing agent.

"Director" means the Director, Division of Animal Health, New Jersey Department of Agriculture.

"Distribution" means the preparation, sale, barter, exchange, or giving away of any regulated product.

"Domestic animal" means any and all animals other than humans.

"Licensed veterinarian" means a Doctor of Veterinary Medicine licensed by the New Jersey Board of Veterinary Medical Examiners, pursuant to N.J.S.A. 45:16-1 et seq., and the rules issued pursuant thereto, N.J.A.C. 13:44, to practice veterinary medicine, surgery, and dentistry in the State of New Jersey.

"Person" means any individual, corporation, institution or partnership.

"Prophylactic biologic" means any and all vaccines or toxoids used to initiate immunity against disease in domestic animals.

N.J. Admin. Code § 2:6-1.2 Distribution of biologics

(a) Unless otherwise stated, all United States Department of Agriculture (U.S.D.A.) licensed biologics may be distributed and used according to the terms of this chapter.

(b) No U.S.D.A. unlicensed or conditionally licensed biologic or diagnostic biologic shall be distributed without the written permission from the Director.

N.J. Admin. Code § 2:6-1.3 Procedure for State license or permit

(a) License or written permission to distribute, use, sell, or give away a biological product unlicensed by or conditionally licensed by the USDA shall be granted by the Director upon a showing to the Director's satisfaction in writing of:

The purpose, purity, safety, potency and efficacy of the product;
The procedures to insure (a)1 above;

Reporting procedures to track the product; and

The credibility and reliability of the person applying for the license, based on their credentials and past performance in handling these materials.

(b) License or written permission to distribute, use, sell, or give away a biological product shall be granted by the Director for more than one biological product upon a showing, to the satisfaction of the Director in writing, of the need for scientific research or testing.

N.J. Admin. Code § 2:6-1.4 Use of biological products, diagnostic biologics and prophylactic biologics

(a) Only U.S.D.A. licensed biological products or those biological products authorized in accordance with N.J.A.C. 2:6-1.2 or 1.3 shall be used in New Jersey.

(b) The use of biologic products is subject to the following restrictions:

Brucella Abortus and contagious ecthyma vaccines shall be administered only by accredited veterinarians; and
Diagnostic biologics for the following diseases are limited to use by the New Jersey Department of Agriculture, Division of Animal Health only, unless specific written permission is granted by the Director, for in vitro diagnosis of:

i. Anaplasmosis;

ii. Avian Influenza;

iii. Brucellosis;

iv. Equine Infectious Anemia;

v. Equine Viral Arteritis;

vi. Paratuberculosis (Johne's Disease);

vii. Pseudorabies; or

viii. Pullorum.

(c) Exceptions to (b)2 above may be granted by the Director to other government agencies who may be cooperating with the New Jersey Department of Agriculture, or where in the opinion of the Director, there is an emergent situation requiring immediate action.

N.J. Admin. Code § 2:6-1.5 Revocation of license or permission to distribute or use

(a) A license or permission to distribute or use any biological product may be revoked by the Director when there has been a violation of State or Federal laws, rules or regulations, or where the public health, welfare or safety shall warrant such revocation, subject to notice and opportunity to be heard.

(b) Any hearing to be conducted under this section shall be so conducted pursuant to N.J.A.C. 2:1-3.4 and the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

Chapter 8 HUMANE TREATMENT OF DOMESTIC LIVESTOCK

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 2:8-1.1 Purpose

(a) These rules establish minimum humane standards for the raising, keeping, care, treatment, marketing, and sale of domestic livestock and procedures for the enforcement of those standards, pursuant to the direction of N.J.S.A. 4:22-16.1. For purposes of these rules, an animal's status or well-being shall be determined based on a holistic evaluation of the animal.

(b) It shall be presumed that the raising, keeping, care, treatment, marketing and sale of domestic livestock for purposes that include, but are not limited to, their use for food, fiber or service, in accordance with these standards, does not constitute cruelty to or inhumane care and treatment of domestic livestock in violation of N.J.S.A. 4:22-15 et seq.

The specific husbandry practices identified in and performed in accordance with this chapter, have been determined by the Department to meet the standards of humane treatment of domestic livestock and qualify for the presumption.
For husbandry practices not specifically identified in this chapter that do not qualify for the presumption but may be found to be humane, based upon techniques for necessary livestock management and producers included in the following science-based sources or other sources, which may be shown to incorporate similar science-based standards:

i. The Handbook of Livestock Management, Battaglia, fourth edition, 2007. A copy of this document is on file in the Director's Office, Division of Animal Health, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625;

ii. The Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies (FASS) third edition (2010), http://www.fass.org/docs/agguide3rd/Ag_Guide_3rd_ed.pdf;

iii. American Veterinary Medical Association (AVMA) Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf;

iv. The American Association of Equine Practitioners (AAEP) equine welfare, available at http://www.aaep.org/equine_welfare.htm;

v. The Rutgers School of Environmental and Biological Sciences, New Brunswick, New Jersey, available at http://sebs.rutgers.edu/; and

vi. The New Jersey Agricultural Experiment Station, available at http://njaes.rutgers.edu/pubs/category.asp?cat=2.

(c) Nothing in this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed in compliance with all local, State and Federal laws.

Certain treatments may be withheld for food safety considerations (for example, antibiotics, anti-inflammatory medicine, analgesics).

History

Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
Added (b)1 and (b)2; and in the introductory paragraph of (c), substituted "this chapter" for "these rules" and deleted "in a sanitary manner, in such a way to minimize pain, and" following "performed".

N.J. Admin. Code § 2:8-1.2 Definitions

(a) The following words and terms, as used in this chapter, shall have the following meanings. Terms of art undefined in this chapter shall have the meaning attributed to them by trade usage.

"Air quality" means the nature of the air with respect to its effects on the health and well-being of the animals in that environment. Acceptable air quality is achieved by adequate ventilation, waste management and husbandry practices. Acceptable air quality results in minimal irritation of the sensitive membranes of an animal's mouth, eyes, nose and respiratory tract caused by elevated levels of irritants such as ammonia in the air.

"Ambulatory disabled livestock" means livestock capable of walking but with physical impairment such as central nervous system signs, lameness or similar conditions.

"Animal feed" means any ingredient or material fed to animals to provide nutrients and may include, but is not limited to, natural or manufactured material that can include roughages, concentrates, protein supplements, by-product feeds and crop residues, special feeds, plate waste, minerals, vitamins and feed additives so long as all State and Federal laws are followed.

"Animal housing techniques" means methods used to keep livestock within a certain area or environment and include, but are not limited to, pasture, stanchion barns, stalls, cages and feed-lots.

"Animal identification" means the use of visible tags, bands, electronic devices, tattooing, branding, ear notching or other means to identify individuals of any species.

"Animal waste" means livestock manure, unconsumed feed and associated bedding materials and animal carcasses from normal mortalities of livestock on a farm as defined and regulated in N.J.A.C. 2:91 and N.J.S.A. 7:14A-2.1 3.

"Animal welfare" means a state or condition of physical and psychological harmony between the animal and its surroundings characterized by an absence of deprivation, aversive stimulation, over stimulation or any other imposed condition that adversely affects health and productivity of the animal.

"Biosecurity" means all measures required to prevent the spread of infections and toxins and to protect animals from pathogenic organisms that can be transferred by humans, vectors or fomites.

"Body Condition Score" (BCS) means a quantitative score of an animal's body condition taking into account fat and muscle deposition as it occurs in various places on the animal's body. Body Condition Scoring systems assign a numerical value for body conditions ranging from emaciated to obese and is based on visual observation or manual palpation of the rump, tail, head and hips of the animal. Different methods are used for different species, breeds or types of animals.

"Cattle" includes cattle, including calves, bison, buffalo and other domesticated Bovidae.

"Cattle intended to be raised for veal" or "calf raised for veal" means any calf of the bovine species that is kept for the purpose of producing the food product described as veal.

"CLI" means NJDA-certified livestock inspector.

"Condition" means state of nutritional fitness or readiness for agricultural use such as for calving, reproduction, exercise or slaughter.

"Cruel or inhumane" refers to the raising, keeping, marketing, care, treatment, or sale of domestic livestock in violation of the standards set forth at N.J.A.C. 2:8-2 through 7 or any other acts or treatment of domestic livestock as prohibited as by N.J.S.A. 4:22-17; N.J.S.A. 4:22-18; N.J.S.A. 4:22-20; N.J.S.A. 4:22-21; N.J.S.A. 4:22-22 and 4:22-26.

"Cushing" means a resting position of camelids in sternal recumbency with their legs folded under them and their necks and heads held erect.

"Daily maintenance requirements" refer to the minimum level of nutrients that must be provided on a daily basis to sustain health and maintenance of an animal.

"Describe" (as to documents incorporated by reference) means explain precisely and in detail the way a given procedure is to be performed.

"Environmental conditions" refer to the sum of all physical (housing, temperature, humidity, photoperiod, etc.) and social (presence of other animals) factors affecting an animal.

"Enforcement action" means any action taken to require compliance with these standards, to seek civil or criminal penalties for the cruel or inhumane treatment of domestic livestock, or to confiscate or seek the forfeiture of domestic livestock, as authorized by N.J.S.A. 4:22-15 et seq.

"Extraordinary or catastrophic conditions" means an act or event exclusively characterized by an unanticipated, grave, natural or man-made disaster which occurs without input or fault by the owner, and which is of sufficient magnitude to excuse compliance with these rules.

"Fencing material" means material used to contain an area and includes, but is not limited to, materials such as plain or treated wood, PVC and other plastics, electric wire, barbed wire, tensile wire, woven wire and metal pipe.

"Floor housing" means the keeping of uncaged animals in a building on a dirt or constructed floor that the animals and human caretakers can walk on.

"Fomite" means inanimate objects that serve to carry infections or toxins from one animal to another.

"Handling techniques" mean techniques used to move, train, restrain or otherwise manipulate livestock and may be accomplished manually or with devices that allow the sorting, driving, roping, separating, and relocating of livestock in a manner that provides safety for both handler and animal.

"Holistic" means the consideration of the animal functioning as a complete, integrated unit.

"Horses" includes horses, ponies, donkeys and mules and miniature breeds.

"Humane" means marked by compassion, sympathy, and consideration for the welfare of animals.

"Humane treatment" means raising, keeping, care, treatment, marketing and sale of domestic livestock in accordance with this chapter.

"Hyperthermia" means an above normal temperature of the body.

"Hypothermia" means a subnormal temperature of the body.

"Induced molting" is a management practice that simulates the natural molting event and is designed to bring the entire flock in to a nonlaying and oviduct rejuvenation period. After the molt, a new plumage develops and the birds resume egg production at a higher rate with better egg quality.

"Investigation" means activities undertaken to gather information to identify a possible violation of these standards for the humane treatment of domestic livestock, set forth in N.J.A.C. 2:8-2, and includes the examination or inspection of domestic livestock or of any facility, location or vehicle where the same are kept, or of records containing information regarding domestic livestock.

"Kept for the purpose of producing the food product described as veal" means raised through special feeding and husbandry practices with the direct intent of processing, selling, or distributing for human consumption as veal.

"Knowledgeable individual" means someone familiar with a particular practice, identified in this chapter, by having been taught at a course listed by an academic institution referenced in this chapter; having learned the technique through veterinary or agricultural extension agent demonstration; or having learned practices through others on a site, such as a family farm.

"Layer diet" means a nutritionally balanced, palatable diet that is adequate for the body maintenance of a laying hen.

"Maintenance diet" means a nutritionally balanced, palatable diet that is high in fiber and low in protein and energy and that is adequate for the body maintenance of a non-laying hen. This diet is designed to bring the flock into a non-laying and oviduct rejuvenation period.

"Marketing" refers to the transfer of an animal to other producers or consumers, via private sales, auctions, etc.

"Minor violations" include actions that occur due to neglect and unintentional acts of substandard practices which do not place the animal's life in imminent peril or do not cause protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a limb or bodily organ.

"Molting" is a natural seasonal event in which birds substantially reduce their food intake, cease egg production, and replace their plumage.

"NJDA" means the New Jersey Department of Agriculture.

"Non-ambulatory disabled livestock" means livestock that cannot rise from a recumbent position (downer) or that cannot walk, including, but not limited to, those with broken appendages, severed tendons or ligaments, nerve paralysis, fractured vertebral column or metabolic conditions.

"Owner" or "person" includes a corporation; the knowledge and acts of an agent or employee of a corporation in regard to animals transported, owned, employed or in the custody of the corporation shall be imputed to the corporation.

"Physical restraint" means the confinement or restriction of an animal or part of an animal to accomplish a required task such as vaccination, examination, feeding, milking, grooming, hoof trimming, etc., and can be accomplished manually or with devices including, but not limited to, restraint stocks, head gates, stanchions, chutes and ropes.

"Poultry" includes chickens, roosters, capons, hens, ducks, geese, turkeys, pigeon and guinea fowl (N.J.S.A. 4:5-94) and ratites (N.J.S.A. 4:2-17).

"Production level" refers to quantitative production measures for livestock, such as pounds of milk produced, average daily body weight gain, or number of eggs per clutch.

"Production stage" represents a point in the timeline of an animal's productive period.

"Rabbits" include all rabbit breeds used or intended for food or fiber.

"Recommend" (as to documents incorporated by reference) means identify certain procedures and the general parameters in which they can be performed (age of animal, use of medication, etc.).

"Reproductive techniques" means methods used to breed and produce livestock and include, but are not limited to, artificial insemination, pregnancy checking, semen collection, embryo collection and transfer, neonatal delivery and care, pre-and postpartum care and estrous synchronization.

"Rest" means the interruption of training or work to avoid or recover from fatigue, exhaustion or over training.

"Resting diet" means a nutritionally balanced, palatable diet that is lower in fiber and higher in protein and energy than a maintenance diet.

"Severe violations" include any intentionally cruel or inhumane acts as well as actions due to neglect or substandard practices which place an animal's life in imminent peril or which cause protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a limb or bodily organ. Nothing in this definition shall limit accepted veterinary practices or routine husbandry practices when performed in accordance with these rules.

"Small ruminants" include sheep, goats, llama, alpaca, and farm-raised Cervidae.

"State Veterinarian" means the Director, Division of Animal Health, NJDA.

"Swine" include domestic and exotic porcine breeds.

"Training techniques" refer to techniques used to teach an animal appropriate responses to cues, usually with respect to getting it to stop, stand still or move in a certain manner. The cues employed may include, but are not restricted to, the use of restraining devices such as halters or neck/leg bands, tethers, motivational devices, correction devices or repetitive routines.

"Transport" means the process of carrying domestic livestock in a vehicle from one location to another and does not include the process of loading and unloading either on or off a vehicle.

"Vector" means a living organism that serves to carry infections or toxins from one animal to another.

"Water quality" refers to the acceptability of water sources for animal consumption with respect to the presence of contaminants, accessibility and quantity. Acceptable water quality means that the water is provided in ways that minimize contamination by urine, feces and other materials but is accessible to the animals. It may be provided from natural sources or manmade containers and must be provided in sufficient quantities to prevent dehydration. Signs of dehydration include sunken eyes, increased capillary refill time of the gums, and/or skin that tents when pinched. Human standards for potability are not required but there should not be contaminants present in amounts that discourage the animals from drinking adequate amounts.

"Weight measurement devices" mean an objective method to measure or estimate the weight of livestock and include the use of scales and/or weight tapes, recognizing that weight tapes and scales are most effectively used to measure weight gain or loss relative to previous measurements performed in the same manner by the same individual using the same equipment.

"Well-being" means good health and welfare.

History

Amended by R.2005 d.207, effective 7/5/2005.
See: 36 N.J.R. 2586(a), 37 N.J.R. 2465(b).
Amended "Hyperthermia", "Minor violations", "Routine husbandry practices", and "Severe violations".
Amended by R.2006 d.411, effective 12/4/2006.
See: 38 N.J.R. 1491(a), 38 N.J.R. 4991(a).
Added definitions "Layer diet", "Maintenance diet" and "Resting diet".
Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
Added definitions "Animal waste", "Describe", "Humane treatment", "Knowledgeable individual" and "Recommend"; and deleted definitions "Manure management", "Restricted exercise", "Restricted feeding", "Restricted watering" and "Routine husbandry practices".

N.J. Admin. Code § 2:8-1.3 General provisions

(a) The permanent identification of individual animals may be performed by a knowledgeable individual by wing-banding, leg-banding, ear-notching, ear tattooing, electronic transponders and branding as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in Handbook of Livestock Management, Battaglia, fourth edition, 2007, which are adopted and incorporated by reference. Identification of animals by group, cage or pen may be permitted.

(b) Animal waste management shall be performed pursuant to the NJDA's animal waste management rules, N.J.A.C. 2:91 or the New Jersey Department of Environmental Protection's Concentrated Animal Feeding Operation rule, N.J.A.C. 7:14A-2.1 3.

(c) Fencing materials should be selected to contain an area while minimizing potential injury based on the number, age and temperament of the animals on the premises and the amount of land fenced.

(d) Restraint of livestock and poultry may be performed by a knowledgeable individual as taught at Rutgers School of Environmental and Biological Science in Livestock Production and Management; at Centenary College; at Purdue University School of Veterinary Medicine in Behavior, Husbandry and Diagnostic Techniques; and as described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007, which restraints as taught and which Handbook are adopted and incorporated by reference.

(e) Castration may be performed by a knowledgeable individual as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007, which recommendations and descriptions are adopted and incorporated by reference.

(f) Disbudding and dehorning may be performed by a knowledgeable individual as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007, which recommendations and descriptions are adopted and incorporated by reference.

History

New Rule, R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).

Subchapter 2 STANDARDS FOR CATTLE

N.J. Admin. Code § 2:8-2.1 General provisions

(a) This subchapter establishes humane standards for the humane raising, treatment, care, marketing, and sale of cattle, pursuant to the authority accorded by N.J.S.A. 4:22-16.1.

All determinations as to whether these humane standards for cattle have been met shall take into account age, breed, type, physiologic condition, size, production level/stage of development of the animal, the daily maintenance requirements necessary for the particular animal, and environmental conditions.

N.J. Admin. Code § 2:8-2.2 Feeding

(a) Each animal shall be assessed individually for purposes of determining compliance with the humane standards for cattle feeding set forth in this section. Compliance with these standards shall not be determined by averaging the treatment or condition in a herd or group of animals.

(b) Each animal must have daily access to sufficient and nutritious feed to allow for growth and maintenance of an adequate body condition, as determined according to the criteria set forth in (b)1 and 2 below.

Body condition can be measured by direct measurement using a weight scale, when available, or by indirect measurement using a weight tape, when available; or
The NJDA adopts and incorporates by reference the following BCS methods:

i. For dairy cows, (hereinafter referred to as BCS-Dairy) using the scoring method set forth in Patton R.A., Bucholtz H.F., Schmidt M.K., and F.M. Hall, Body Condition Scoring--A Management Tool, Department of Animal Science, Michigan State University, East Lansing, Michigan. September 1988. Copies of this document may be procured by contacting Dr. Herbert Bucholtz, Professor, Dept. Animal Science, 2265 H Anthony Hall, Michigan State University, E. Lansing, MI 48824. Phone: 517-355-8432; Fax: 517-432-0147; Email: bucholtz@msu.edu.

ii. For replacement dairy heifers, (hereinafter referred to as BCS-heifers) using the scoring method set forth in Patton R.A., Bucholtz H.F., Schmidt M.K., and F.M. Hall, Body Condition Scoring--A management Tool, Department of Animal Science, Michigan State University, East Lansing, Michigan, September 1988. Copies of this document may be procured by contacting Dr. Herbert Bucholtz, Professor, Dept. Animal Science, 2265 H Anthony Hall, Michigan State University, E. Lansing, MI 48824. Phone: 517-355-8432; Fax: 517-432-0147; Email: bucholtz@msu.edu.

iii. For beef cattle, (hereinafter referred to as BCS-Beef) using the scoring method set forth in Westendorf M.L. and R.C. Mickel, Beef Cow Condition Scoring (1994), Rutgers Cooperative Extension, New Jersey Agricultural Experiment Station, Rutgers, The State University of New Jersey, New Brunswick, New Jersey. Copies of this document may be procured at http://njaes.rutgers.edu/pubs/publication.asp?pid=FS764.

iv. Other cattle for which such standards are not published must meet or exceed an appearance comparable to the most appropriate BCS above.

A copy of the documents listed in (b)2 above is on file in the Director's Office, Division of Animal Health, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625.
Where the BCS methods identified in (b)2 above are used, each animal shall maintain the minimum BCS score in (b)4i through iv below. For purposes of (b)4i through iii below, a "reasonable period of time" refers to the amount of time it would be expected to take to restore an animal to an acceptable body condition, using diligent efforts to do so.

i. For dairy cows: a BCS of at least 2.0; provided, however, that a score lower than a 2.0 may be permitted for a reasonable period of time, if stage or level of production, physiologic conditions, or other factors results in such an appearance, during which time the animal's management is being altered to improve the condition.

ii. For replacement dairy heifers: a BCS of at least 2.0, provided, however, that a score lower than a 2.0 may be permitted for a reasonable period of time, if stage or level of growth, physiologic conditions, or other factors results in such an appearance, during which time the animal's management is being altered to improve the condition.

iii. For beef cattle: a BCS score of at least 2.0, provided, however, that a score lower than a 2.0 may be permitted for a reasonable period of time, if stage or level of production, physiologic conditions, or other factors results in such an appearance, during which time the animal's management is being altered to improve its condition.

iv. A score of 1.0 is permitted at slaughter.

If pasture alone does not provide sufficient nutrition to adequately maintain the cattle's BCS-dairy, BCS-heifer or BCS-beef, supplemental feeds must be provided in sufficient amounts to maintain the minimum acceptable BCS.
Cattle unable to maintain a BCS which meets the minimum score set forth in (b)2 and 3 above, due to group feeding practices, must be fed in a manner that allows the cattle to maintain an adequate BCS.

History

Amended by R.2005 d.207, effective 7/5/2005.
See: 36 N.J.R. 2586(a), 37 N.J.R. 2465(b).
In (b), substituted "iv" for 'iii" in the first sentence of the introductory paragraph of 4 and added 4iv.
Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
In (b)2iii, substituted "at http://njaes.rutgers.edu/pubs/publication.asp?pid=FS764." for "by contacting the Publications Distribution Center, Cook College, Rutgers, The State University of New Jersey, 16 Ag Extension Way, New Brunswick, NJ 08901-8551. Phone: 732-932-9762; Internet: www.rce.rutgers.edu.".

N.J. Admin. Code § 2:8-2.3 Watering

(a) Each animal shall be assessed individually for purposes of determining compliance with the humane standards for cattle set forth in this section. Compliance with these standards shall not be determined by averaging the treatment or condition in a herd or group of animals.

Each animal shall have daily access to water in sufficient quantity and quality to satisfy the animal's physiologic needs as evidenced by the animal's hydration status.

N.J. Admin. Code § 2:8-2.4 Keeping

(a) The animal's environment must provide relief from the elements, such as excessive wind, excessive temperature and excessive precipitation, that result in hyperthermia or hypothermia detrimental to the animal's health.

(b) Relief under (a) above can be accomplished with natural features of the environment including, but not limited to, trees, land windbreaks, overhangs, or other natural weather barriers or constructed shelters.

Be of sufficient size to provide adequate space for each animal seeking shelter within to stand, lie down, rest, get up, and move its head freely;
Be structurally sound;
Have a safe interior surface, reasonably free of injurious matter;
Shall provide an environment that supports cattle health;
Have natural or mechanical ventilation to provide air quality and maintain an environment suitable for the animals;
In the case of calf hutches, where used, be large enough to allow calves to rest on bedding material; and
Be maintained at a level of repair such that they continue to fulfill the requirements of (c)1 through 6 above.

(d) If enclosed yards are used to contain cattle, the following conditions shall be met:

Sharp objects or debris that pose an actual threat to the animals' health shall be minimized to reduce the risk of injury to the animals.
If stationary objects that pose a risk of injury cannot be removed, reasonable efforts must be made to minimize contact of the cattle with these objects by fencing off or covering the object, or through similar means.

(e) Constructed floor surfaces on which animals are kept must provide footing that minimizes injury to the animals.

(f) Bedding or matting, if used, shall provide an environment that supports animal health.

(g) Except as provided at (h) below, nothing in this chapter shall prohibit the use of tethers to feed and monitor individual cattle, to prevent oral-fecal and urine contamination, and to prevent injury resulting from interaction amongst cattle. Tethers must be long enough to permit the cattle to stand, eat, rest in a natural sternal posture or with their head and neck turned to the side of their body, and allow movement forward and backward, yet be short enough to prevent strangulation.

(h) For cattle intended to be raised for veal, such calves must not be tethered or confined in a manner that prevents them from being able to turn around freely or fully extend the animal's limbs by stretching normally. Each such calf must be able to groom itself naturally and have visual contact with other calves. However, these restrictions on the confinement of calves raised for veal shall not apply to the following activities:

i. Medical research;

ii. Examination, testing, individual treatment, or operation for veterinary purposes, but only if performed by or pursuant to the supervision of a licensed veterinarian, either in-person or through a telemedicine appointment;

iii. Transportation;

iv. State or county fair exhibitions, 4-H programs, or similar temporary exhibitions; or

v. Humane slaughter, in accordance with applicable laws, rules, and regulations.

History

Amended by 56 N.J.R. 889(a) effective 5/20/2024

N.J. Admin. Code § 2:8-2.5 Marketing and sale

(a) The driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the cattle, shall be responsible for the welfare of the animals at all times during transport.

(b) Cattle transported for any purpose must be handled (loaded and off-loaded) and transported in a manner that minimizes injury, illness and death.

During loading and unloading, the cattle owner or owner's agent, if present, is responsible for handling the cattle.
If the animals' owner or owner's agent is absent, the driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the cattle, shall be responsible for the welfare of the animals during handling.

(d) Cattle shall be provided with adequate ventilation during transport.

(e) During transport, the animals' environment must provide relief from the elements that result in hyperthermia or hypothermia detrimental to the animals' health.

(f) Cattle shall be grouped according to size and behavior when in a vehicle.

(g) Cattle shall be able to stand in normal posture within the vehicle.

(h) Disabled cattle shall be moved in conformity with N.J.A.C. 2:8-2.6(a) 2.

(i) The NJDA adopts and incorporates by reference the loading and truck space requirements outlined in the Livestock Trucking Guide by Temple Grandin for the National Institute for Animal Agriculture (revised September 2001), available at http://www.animalagriculture.org/Education/Pamphlets/Livestock%20Trucking%20Guide.pdf; and adopts and incorporates by reference the Recommended Animal Handling Guidelines & Audit Guide: A Systematic Approach to Animal Welfare, Temple Grandin, AMI Foundation (2010), available at http://www.meatami.com/ht/a/GetDocumentAction/i/61388.

(j) There shall be sufficient room in the holding pen for cattle held overnight to lie down, in accordance with 9 C.F.R. § 313.2(e).

(k) Animals not moved from an auction barn, transfer station or similar location shall have access to water in holding pens, and if held longer than 24 hours, access to feed, in accordance with 9 C.F.R. § 313.2(e).

These are maximum times without feed and water and are not in addition to transportation times.

History

Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
Rewrote (i); deleted former (j); and recodified former (k) and ( l) as (j) and (k).

N.J. Admin. Code § 2:8-2.6 Care and treatment

(a) Sick or injured cattle shall be promptly treated or humanely euthanized.

The NJDA adopts and incorporates by reference the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.
Non-ambulatory disabled cattle and other animals unable to move, as defined in 9 C.F.R. § 301.2:

i. Shall be separated from normal ambulatory cattle, at all times including during transport, so that the normal ambulatory cattle do not injure the disabled cattle;

ii. Shall not be dragged while conscious, except when necessary to provide life-saving treatment, although cattle in a state equivalent with one of surgical anesthesia may be dragged;

iii. Disabled cattle must be moved as safely as possible, in order to minimize injury to the animal and handler;

iv. Shall be provided with appropriate medical care if they can reasonably be expected to survive and the owner chooses to attempt treatment;

v. Shall be handled humanely at all times even if they are to be slaughtered or euthanized, so as not to cause unnecessary pain and injury, and disposed of property; and

vi. Shall not be transported to a livestock market.

(b) Dead cattle must be promptly removed from contact with live cattle or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.

(c) Proper medical care for the diagnosis or management of injury or disease must be provided to sick, injured, or non-ambulatory disabled cattle.

(d) Nothing in this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed in compliance with all local, State and Federal laws.

(e) Plugging of teats, injecting material into udders or teats for non-medical purposes, or otherwise artificially modifying the appearance or conformation of the udder is prohibited.

(f) Tail docking of cattle is permitted only upon determination by a veterinarian for individual animals.

(g) Removal of supernumerary teats may be performed by a knowledgeable individual as described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007.

History

Amended by R.2005 d.207, effective 7/5/2005.
See: 36 N.J.R. 2586(a), 37 N.J.R. 2465(b).
In (a)3, added vi.
Administrative correction.
See: 39 N.J.R. 27(b).
Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
In (a)1, substituted "Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf" for "2000 Report of the AVMA Panel on Euthanasia (JAVMA, Vol. 218, No. 5, March 1, 2001) as amended and supplemented"; deleted former (a)2 and (a)4; recodified former (a)3 as (a)2; in (b), inserted "or other livestock"; in (d), substituted "this chapter" for "these rules" and deleted "in a sanitary manner, in such a way to minimize pain, and" following "performed"; rewrote (f); and added (g).

N.J. Admin. Code § 2:8-2.7 Exceptions

(a) Exceptions to the standards set forth in this subchapter may be made for cattle provided the practices meet one or more of the following conditions:

Cattle are under the direct care of a veterinarian who can provide a medically supportable written explanation for the conditions;
Cattle may be confined in a vehicle or vessel for up to 28 consecutive hours without unloading for feeding and watering, in accordance with 49 U.S.C. §

i. For purposes of determining this period of confinement, time spent in loading and unloading is not included; and/or

Nothing herein shall prohibit the confinement of cattle in holding cages or pens where feed may be withheld for up to 24 hours in accordance with 9 C.F.R. § 313.2.

i. For purposes of determining this period of confinement, time spent in a vehicle or vessel shall not be included.

Subchapter 3 STANDARDS FOR HORSES

N.J. Admin. Code § 2:8-3.1 General provisions

(a) This subchapter establishes standards for the humane raising, treatment, care, marketing, and sale of horses, pursuant to the authority accorded by N.J.S.A. 2:44-16.1.

All determinations as to whether the standards for horses have been met shall take into account the age, breed, type, physiologic condition, size, production level/stage of development of the animal, the daily maintenance requirements necessary for that particular animal, and environmental conditions.

N.J. Admin. Code § 2:8-3.2 Feeding

(a) Each horse shall be assessed individually for purposes of determining compliance with the standards for feeding set forth in this section. Compliance with these standards shall not be determined by averaging the treatment or condition in a herd or group of horses.

Each horse must have daily access to sufficient and nutritious feed to allow for growth and maintenance of an adequate body condition, as determined pursuant to the criteria in (a)2 and 3 below.

Body condition can be measured using one of the following methods:

i. By direct measurement using a weight scale, when available, or by indirect measurement using a weight tape, when available; or

ii. The NJDA adopts and incorporates by reference the BCS method (hereinafter referred to as BCS-horse) described in the Carroll C.L., and Huntington P.J., Body Condition Scoring and Weight Estimation of Horses, Equine Veterinary Journal (1988) 20(1), (41-45) as amended and supplemented.

A copy of the document is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625. Copies of this document may be procured by contacting the Equine Veterinary Journal Ltd., 351 Exning Road, New Market, Suffolk, CB8 OAU, UK. Phone: +44 (0) 1638 666 160; Fax: +44 (0) 1638 668 665; Bookshop Direct Line Phone: +44 (0) 1638 663 853.
Each horse must have a BCS of at least a level 2.0 using the BCS-horse provided, however, a score lower than a 2.0 may be permitted for a reasonable period of time if stage or level of production, physiologic conditions, or other factors result in such an appearance, during which time the horse's management is being altered to improve the condition.

i. For purposes of (a)2ii above, a "reasonable period of time" refers to the amount of time it would be expected to take to restore an animal to an acceptable body condition, using diligent efforts to do so.

ii. A score of 1.0 is permitted at market.

If pasture alone does not provide sufficient nutrients to adequately maintain the BCS-horse, supplemental feeds must be provided in sufficient amounts to maintain the minimum acceptable BCS.
Horses unable to maintain a BCS-horse which meets the minimum score set forth in (a)2 and 3 above due to group feeding practices, must be fed in such a manner that allows the horse to maintain an acceptable BCS.

N.J. Admin. Code § 2:8-3.3 Watering

(a) Each horse shall be assessed individually for purposes of determining compliance with the standards for watering set forth in this section. Compliance with these standards shall not be determined by averaging the condition or treatment in a herd or group of horses.

Each horse shall have daily access to water in sufficient quantity and quality to satisfy the animal's physiologic needs as evidenced by the horse's hydration status.

N.J. Admin. Code § 2:8-3.4 Keeping

(a) The horses' environment must provide relief from the elements, such as excessive wind, excessive temperature and excessive precipitation, that result in hyperthermia or hypothermia detrimental to the horses' health.

(b) Relief under (a) above can be accomplished with natural features of the environment including, but not limited to, trees, land, windbreaks, overhangs, or other natural weather barriers or constructed shelters.

Be of sufficient size to provide adequate space for each horse seeking shelter within to stand, lie down, get up, rest, and move its head freely;
Be structurally sound;
Have a safe interior surface, reasonably free of injurious matter;
Have natural or mechanical ventilation to provide air quality and maintain an environment suitable for the horses;
Provide an environment that supports horse health;
Be maintained at a level of repair such that they continue to fulfill the requirements of (c)1 through 5 above.

(d) If enclosed yards are used to contain horses, the following conditions shall be met:

Sharp objects or debris that pose an actual threat to the animals' health shall be minimized to reduce the risk of injury to the animals.
If stationary objects that pose a risk of injury cannot be removed, reasonable efforts must be made to minimize contact of the horses with these objects by fencing off or covering the object, or through similar means.

(e) Constructed floor surfaces on which horses are kept must provide footing that minimizes injury to the horses.

(f) Where cement floors are used, bedding or matting must be provided and kept reasonably clean.

(g) Dirt floors or rubber mats are acceptable without bedding if adequate drainage is provided.

(h) Bedding or matting, if used, shall provide an environment that supports horse health.

(i) Horses not in transit may be tied using halters or neck bands in their stalls or to stationary objects for up to12 hours if feed and water are not available and for longer periods of time if feed and water are offered at reasonable intervals and the horses can lie down safely.

N.J. Admin. Code § 2:8-3.5 Marketing and sale

(a) The driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the horses, shall be responsible for the welfare of the horses at all times during transport.

(b) Horses transported for any purpose must be handled (loaded and off-loaded) and transported in a manner that minimizes injury, illness and death.

During loading and unloading, the horses' owner or owner's agent, if present, shall be responsible for handling horses.

If the horses' owner or owner's agent is absent, the driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the horses, shall be responsible for the welfare of the horses.

(d) Horses shall be provided with adequate ventilation during transport.

(e) During transport, the horses' environment must provide relief from the elements that result in hyperthermia or hypothermia detrimental to the horses' health.

(f) Horses must be transported in a manner that complies with the Commercial Transportation of Equines to Slaughter, 9 C.F.R. § 88.

(g) Horses not moved from an auction barn, transfer station or similar location shall have access to water in holding pens, and if held longer than 24 hours, access to feed in accordance with 9 C.F.R. § 313.2(e).

These are maximum times without feed and water and are not in addition to transportation times.

N.J. Admin. Code § 2:8-3.6 Care and treatment

(a) Equine management and training shall be carried out by a knowledgeable individual in accordance with these guidelines or courses:

Battaglia, Handbook of Livestock Management, fourth edition, 2007; Horse Management 11-067-384, Equine Nutrition 11:067:390 from Rutgers School of Environmental and Biological Science; Equine science and management and Equine racing management taught through Morrisville State College, Morrisville, NY; or Equine Studies taught through the Equine Studies Department at Centenary College, Hackettstown, NJ; and
For equine rescue operations care must be consistent with AAEP Care Guidelines for Equine Rescue and Retirement Facilities, 2004; http://www.aaep.org/pdfs/rescue_retirement_guidelines.pdf or Equine Rescue and Facility Guidelines, UC Davis, 2009, http://www.vetmed.ucdavis.edu/ceh/docs/special/pubs-Sanctuary-bkm-sec.pdf.

(b) All horses for public hire must have routine hoof care, medical care and sufficient strength and rest to maintain their health to be used for the purpose for which they were hired.

(d) Sick or injured horses shall be promptly treated or humanely euthanized.

The NJDA adopts and incorporates by reference, the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.

(e) Dead horses must be promptly removed from contact with live horses or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.

(f) Proper medical care for the diagnosis or management of injury or disease must be provided to sick, injured, or non-ambulatory disabled horses.

Nothing in this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed in compliance with all local, State and Federal laws.

History

Administrative correction.
See: 39 N.J.R. 27(b).
Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
Rewrote the section.

N.J. Admin. Code § 2:8-3.7 Exceptions

Exceptions to the standards set forth in this subchapter may be made for horses provided the horses are under the direct care of a veterinarian who can provide a medically supportable written explanation for the conditions.

Subchapter 4 STANDARDS FOR POULTRY

N.J. Admin. Code § 2:8-4.1 General provisions

(a) This subchapter establishes standards for the humane raising, treatment, marketing, and sale of poultry pursuant to the authority accorded by N.J.S.A. 4:22-16.1.

All determinations as to whether the standards for poultry have been met shall take into account the age, breed, type, physiologic condition, size, production level/stage of development of the animal, the daily maintenance requirements necessary for poultry, and environmental conditions.

N.J. Admin. Code § 2:8-4.2 Feeding

(a) Each bird shall be assessed individually for purposes of determining compliance with the standards for feeding of poultry set forth in this section. Compliance with these standards shall not be determined by averaging the treatment or condition in a flock or group of birds.

(b) Each bird must have daily access to sufficient and nutritious feed to allow for growth and maintenance of an adequate body condition.

Day-old poultry may be transported without feed, provided said poultry are delivered within 72 hours of hatching, and feed is provided immediately following unloading.
Birds may be transported without feed in accordance with the United States Postal Regulations, 39 C.F.R. § 111.5. (US Postal Service Domestic Mail Manual, § C022 Perishables; Subsection 3.1, Day-old poultry, Subsection 3.3 Adult fowl, Subsection 3.4 Adult Chickens.)
Induced molting is permitted provided that the following conditions are met:

i. Feed may not be withdrawn during the molt. Molting hens must have daily access to a maintenance diet or resting diet.

ii. Mortality and body weight loss shall be monitored daily throughout the molt, and if the average weight loss exceeds 30 percent of pre-molt weight, or if mortality exceeds 1.2 percent molting hens must be returned to a resting or a layer diet.

History

Amended by R.2006 d.411, effective 12/4/2006.
See: 38 N.J.R. 1491(a), 38 N.J.R. 4991(a).
In (c)3, substituted "Induced molting is permitted" for "Feed may be withdrawn from adult poultry during an induced molt,"; rewrote (c)3i; and in (c)3ii, deleted "feed must be returned immediately" preceding "if the average weight loss" and substituted "molting hens must be returned to a resting or a layer diet" for "during the feed withdrawal".

N.J. Admin. Code § 2:8-4.3 Watering

(a) Each bird shall be assessed individually for purposes of determining compliance with the standards for watering poultry set forth in this section. Compliance with these standards shall not be determined by averaging the treatment or condition in a flock or group of birds.

Each bird must have daily access to water in sufficient quantity and quality to satisfy the bird's physiologic needs.
During induced molting of poultry, sufficient water shall be available to satisfy the maintenance requirements of each bird.

(b) Exceptions to watering requirements are as follows:

Day-old poultry may be transported without water, provided said poultry are delivered within 72 hours of hatching, and water is provided immediately following unloading.
Birds may be transported without water in compliance with the United States Postal Regulations 39 C.F.R. § 111.5. (US Postal Service Domestic Mail Manual, § C022 Perishables; Subsection 3.1, Day-old poultry, Subsection 3.3 Adult fowl, Subsection 3.4 Adult Chickens.)

N.J. Admin. Code § 2:8-4.4 Keeping

(a) The birds' environment must provide relief from the elements, such as excessive wind, excessive temperature and excessive precipitation, that result in hyperthermia or hypothermia detrimental to the birds' health.

Constructed shelters shall:

i. Be of sufficient size to provide adequate space for each bird seeking shelter within to stand, lie down, get up, walk, spread its wings, move its head freely, turn around and rest;

ii. Be structurally sound;

iii. Have a safe interior surface, reasonably free of injurious matter;

iv. Maintain air quality by natural or mechanical ventilation;

v. Minimize extremes in environmental temperature; and

vi. Be maintained at a level of repair such that they continue to fulfill the requirements of (b)1i through v above.

Sharp objects that pose an actual threat to the birds shall be minimized to prevent an unreasonable risk of injury to the birds.
If stationary objects that pose a risk of injury cannot be removed, reasonable efforts must be made to minimize contact of the poultry with these objects by fencing off or covering the object, or through similar means.

(d) Cage housing, not including transport crates, shall be:

Of sufficient size to allow each bird to stand upright in the cage without having its head protrude through the top of the cage, lie down, get up, walk, spread its wings, move its head freely, turn around and rest;
Constructed to minimize the risk of injury or entrapment; and
Constructed to minimize soiling of birds by fecal material from birds in cages above them.

(e) Floor housing shall provide:

Each bird enough room to stand, lie down, get up, walk, spread its wings, move its head freely, turn around and rest; and
A sufficient number of nesting boxes for laying hens seeking access to a nesting box.

(f) Constructed floor surfaces on which poultry are kept must provide a suitable environment for poultry health.

(g) Poultry shall be provided with an environment that supports poultry health.

(h) When inducing a molt in egg-laying hens, the light period should be reduced to not less than eight hours in closed houses or to natural day length in open houses for the duration of the molt period. When the flock is placed back on a layer diet, lights should be returned to the normal layer program schedule.

History

Amended by R.2006 d.411, effective 12/4/2006.
See: 38 N.J.R. 1491(a), 38 N.J.R. 4991(a).
Added (h).

N.J. Admin. Code § 2:8-4.5 Marketing and sale

(a) The driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the poultry, shall be responsible for the welfare of the birds at all times during transport.

(b) Poultry transported for any purpose must be handled (loaded and off-loaded) and transported in a manner that minimizes injury, illness and death.

During loading and unloading, the birds' owner or owner's agent, if present, shall be responsible for handling poultry.
If the birds' owner or owner's agent is absent, the driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the poultry, shall be responsible for the welfare of the animals.

(c) Poultry may be mailed in compliance with the United States Postal Regulations Federal rule 39 C.F.R. § 111.5. (US Postal Service Domestic Mail Manual, § C022 Perishables; Subsection 3.1, Day-old poultry, Subsection 3.3 Adult fowl, Subsection 3.4 Adult Chickens.)

(d) Birds that are transported by any method other than mailing shall be:

Transported with minimal delay;
Provided with adequate ventilation during transport; and
Protected from the elements in order to minimize illness or mortality.

(e) Crates, trays or carts for transport must be:

Designed in such a manner that loading, transport, and removal of birds may be carried out with minimal injury or mortality;
Designed to remain intact during normal processing;

Constructed to confine the birds; and

Ventilated properly.

(f) During transport, the birds' environment must provide relief from the elements that result in hyperthermia or hypothermia detrimental to the birds' health.

(g) Consideration shall be given to minimize exposure of poultry during transport to excessive solar radiation and excessive precipitation.

(h) Mortality in broilers or turkeys shall not exceed 1.0 percent during transport and mortality in spent hens shall not exceed 2.5 percent during transport.

(i) Birds shall not be transported for more than 24 hours without access to feed and water.

(j) Once delivered to the destination, birds must not be kept in transport crates, trays or carts for longer than 18 hours.

N.J. Admin. Code § 2:8-4.6 Care and treatment

(a) Sick or injured poultry must be promptly treated or removed within 24 hours and humanely euthanized.

The NJDA adopts and incorporates by reference, the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.
The NJDA adopts and incorporates by reference the AVMA position on disposal of unwanted chicks poults and pipped eggs (1999) as amended and supplemented.
A copy of the documents listed in subsections (a)1 and 2 above is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625. Copies may be procured by contacting the AVMA at 1931 North Meacham Road--Suite 100, Schaumburg, IL 60173. Phone: 847-925-8070; Fax: 847-925-1329; Website: http://www.avma.org/; Email: mailto:avmainfo@avma.org.
Birds must be euthanized prior to disposal.

(b) Dead poultry must be promptly removed from contact with live birds or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.

(c) Proper medical care for the diagnosis or management of injury or disease must be provided to sick or injured poultry.

Nothing in this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed in compliance with all local, State and Federal laws.

(d) Birds shall be inspected immediately prior to beginning an induced molt. Sick birds shall be removed from the flock before molting.

(e) All life-supporting mechanical equipment, including, but not limited to, feeders, drinkers, and ventilation systems, shall be inspected at least once daily and maintained in functioning order.

History

Administrative correction.
See: 39 N.J.R. 27(b).
Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
In (a)1, substituted "Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf" for "2000 Report of the AVMA Panel on Euthanasia (JAVMA, Vol. 218, No. 5, March 1, 2001) as amended and supplemented"; deleted (a)4; recodified former (a)5 as (a)4; in (b), inserted "or other livestock"; and in (c)1, substituted "this chapter" for "these rules" and deleted "in a sanitary manner, in such a way to minimize pain, and" following "performed".

N.J. Admin. Code § 2:8-4.7 Handling of poultry

(a) Birds shall be caught, carried and removed in a manner that minimizes injury to the bird.

(b) All doors and openings through which birds are moved shall be large enough to provide passage of birds without injury to the bird.

(c) Catching and transport protocols shall minimize the number of times a bird is handled between capture and re-housing or slaughter.

(d) The time between capture and slaughter shall be minimized to the extent possible consistent with food safety considerations.

(e) The NJDA adopts and incorporates by reference the acceptable methods of beak trimming, catching and transport of laying hens as set forth in the United Egg Producers Animal Husbandry Guidelines for U.S. Egg Laying Flocks (2008 edition), available at http://www.azda.gov/ASD/UEP-Animal-Welfare-Guidelines.pdf when performed by a knowledgeable individual.

(f) Beak trimming, toe trimming and dubbing may be performed by a knowledgeable individual as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007, with such recommendations and descriptions adopted and incorporated by reference.

History

Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
Rewrote (e) and (f).

N.J. Admin. Code § 2:8-4.8 Exceptions

(a) Exceptions to the standards set forth in this subchapter may be made for poultry provided the practices meet one or more of the following conditions:

The poultry are under the direct care of a veterinarian who can provide a medically supportable written explanation for the conditions; and/or
To the extent permitted by law, poultry may be confined in a vehicle or vessel for up to 28 consecutive hours without unloading for feeding and watering in accordance with 49 U.S.C. §

i. For purposes of determining this period of confinement, time spent in loading and unloading is not included.

Subchapter 5 STANDARDS FOR RABBITS

N.J. Admin. Code § 2:8-5.1 General provisions

(a) This subchapter establishes standards for the humane raising, treatment, care, marketing, and sale of rabbits, pursuant to the authority accorded by N.J.S.A. 4:22-16.1.

All determinations as to whether these standards for rabbits have been met shall take into account age, breed, type, physiologic condition, size, production level/stage of development of the animal, the daily maintenance requirements necessary for that particular animal, and environmental conditions.

N.J. Admin. Code § 2:8-5.2 Feeding

(a) Each rabbit shall be assessed individually for purposes of determining compliance with the standards for the feeding of rabbits set forth in this section. Compliance with these standards shall not be determined by averaging the treatment or condition in a herd or group of animals.

Each rabbit must have daily access to sufficient and nutritious feed to allow for growth and maintenance of an adequate body condition.

N.J. Admin. Code § 2:8-5.3 Watering

(a) Each rabbit shall be assessed individually for purposes of determining compliance with the standards for watering rabbits set forth in this section. Compliance with these standards shall not be determined by averaging the treatment or condition in a herd or group of animals.

Each rabbit shall have daily access to water in sufficient quantity and quality to satisfy the animal's physiologic needs as evidenced by the rabbit's hydration status.

N.J. Admin. Code § 2:8-5.4 Keeping

(a) The rabbits' environment must provide relief from the elements, such as excessive wind, excessive temperature and excessive precipitation, that result in hyperthermia or hypothermia detrimental to the rabbits' health.

(b) Relief under (a) above can be accomplished with natural features of the environment including, but not limited to, trees, land windbreaks, overhangs or other natural weather barriers, or constructed shelters.

Where constructed shelters are provided, they shall:

i. Be of sufficient size to provide adequate space for each animal seeking shelter within to stand, lie down, rest, get up, move its head freely, turn around to groom itself and rest;

ii. Be structurally sound;

iii. Have a safe interior surface, reasonably free of injurious matter;

iv. Have natural or mechanical ventilation to provide air quality and maintain an environment suitable for the animals;

v. Provide an environment that supports rabbits' health;

vi. Have large enough doors and openings through which rabbits are moved to provide passage of rabbits without injury to the animal; and

vii. Be maintained at a level of repair such that they continue to fulfill the requirements of (b)1i through vi above.

Sharp objects or debris that pose an actual threat to the rabbits' health shall be minimized to reduce the risk of injury to the rabbits.
If stationary objects that pose a risk of injury cannot be removed, reasonable efforts must be made to minimize contact of the rabbits with these objects by fencing off or covering the object, or through similar means.

(d) Constructed floor surfaces on which rabbits are kept must provide footing that minimizes injury to the rabbits.

N.J. Admin. Code § 2:8-5.5 Marketing and sale

(a) The driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the rabbits, shall be responsible for the welfare of the animals at all times during transport.

(b) Rabbits transported for any purpose must be handled (loaded and off loaded) and transported in a manner that minimizes injury, illness and death.

During loading and unloading, the animals' owner or owner's agent, if present, is responsible for handling the rabbits.
If the animals' owner or owner's agent is absent, the driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the rabbits, shall be responsible for the welfare of the animals.

Designed such that loading, transport, and removal of rabbits may be carried out with minimal injury and mortality;
Designed to remain intact during normal processing;

Constructed to confine the rabbits; and

Ventilated properly.

(d) Rabbits must be transported with minimal delay.

(e) Rabbits shall be provided with adequate ventilation during transport.

(f) During transport, the rabbits' environment must provide relief from the elements that result in hyperthermia or hypothermia detrimental to the rabbits' health.

(g) Rabbits shall not be transported for more than six hours without food and water.

History

Amended by R.2005 d.207, effective 7/5/2005.
See: 36 New Jersey Register 2586(a), 37 New Jersey Register 2465(b).
Added (g).

N.J. Admin. Code § 2:8-5.6 Handling of rabbits

(a) Rabbits shall be caught, carried and removed in a manner that minimizes injury.

(b) Catching and transport protocols shall minimize the number of times a rabbit is handled between capture and re-housing or slaughter.

(c) The time between capture and slaughter shall be minimized to the extent possible consistent with food safety considerations.

(d) The time between capture and re-housing shall be minimized.

N.J. Admin. Code § 2:8-5.7 Care and treatment

(a) Sick or injured rabbits must be promptly treated or removed and humanely euthanized.

The NJDA adopts and incorporates by reference the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.

(b) Dead rabbits must be promptly removed from contact with live rabbits or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.

(d) Proper medical care for the diagnosis or management of injury or disease must be provided to sick or injured animals.

Nothing in this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed in compliance with all local, State and Federal laws.

(e) Teeth must be maintained in adequate condition to maintain the health of the animal.

Tooth trimming shall be performed only by knowledgeable individuals as described in the Textbook of Rabbit Medicine, Frances Harcourt Brown, Elsevier Science 2004, which is adopted and incorporated by reference. A copy of this textbook is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey 08625.

History

Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
In (a)1, substituted "Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf" for "2000 Report of the AVMA Panel on Euthanasia (JAVMA, Vol. 218, No. 5, March 1, 2001) as amended and supplemented"; deleted (a)2 and (a)3; in (b), inserted "or other livestock"; and in (d)1, substituted "this chapter" for "these rules" and deleted "in a sanitary manner, in such a way to minimize pain, and" following "performed"; rewrote (e)1; and deleted (e)2.

N.J. Admin. Code § 2:8-5.8 Exceptions

Exceptions to the standards set forth in this subchapter may be made for rabbits provided the rabbits are under the direct care of a veterinarian who can provide a medically supportable written explanation for the conditions.

Subchapter 6 STANDARDS FOR SMALL RUMINANTS

N.J. Admin. Code § 2:8-6.1 General provisions

(a) This subchapter establishes standards for the humane raising, treatment, care, marketing, and sale of small ruminants, pursuant to the authority accorded by N.J.S.A. 4:22-16.1.

All determinations as to whether the standards for small ruminants have been met shall take into account the age, breed, type, physiologic condition, size, production level/stage of development of the animal, the daily maintenance requirements necessary for that particular animal, and environmental conditions.

N.J. Admin. Code § 2:8-6.2 Feeding

(a) Each animal shall be assessed individually for purposes of determining compliance with the standards for feeding small ruminants set forth in this section. Compliance with these standards shall not be determined by averaging the treatment or condition in a herd or group of animals.

Each small ruminant shall have daily access to sufficient and nutritious feed to allow for growth and maintenance of an adequate body condition.

If pasture alone does not provide sufficient nutrients to adequately maintain the animal's health, supplemental feeds must be provided in sufficient amounts to maintain health.

N.J. Admin. Code § 2:8-6.3 Watering

(a) Each animal shall be assessed individually for purposes of determining compliance with the standards for watering small ruminants set forth in this section. Compliance with these standards shall not be determined by averaging the treatment or condition in a herd or group of animals.

(b) Each small ruminant shall have daily access to water in sufficient quantity and quality to satisfy the animal's physiologic needs as evidenced by the animal's hydration status.

N.J. Admin. Code § 2:8-6.4 Keeping

(a) The small ruminants' environment must provide relief from the elements, such as excessive wind, excessive temperature and excessive precipitation, that result in hyperthermia or hypothermia detrimental to the animals' health.

Be of sufficient size to provide adequate space for each animal seeking shelter within to stand, lie down, rest, get up, groom itself and move its head freely;
Be structurally sound;
Have a safe interior surface, reasonably free of injurious matter;
Have natural or mechanical ventilation to provide air quality and maintain an environment suitable for the animals;
Provide an environment that supports small ruminant health; and
Be maintained at a level of repair such that they continue to fulfill the requirements of (c)1 through 5 above.

(d) If enclosed yards are used to contain small ruminants, the following conditions shall be met:

Sharp objects or debris that pose an actual threat to the small ruminants' health shall be minimized to reduce the risk of injury to the animals.

If stationary objects that pose a risk of injury cannot be removed, reasonable efforts must be made to minimize contact of the small ruminants with these objects by fencing off or covering the object, or through similar means.

(e) Constructed floor surfaces on which small ruminants are kept must provide footing that minimizes injury to the small ruminants.

(f) Bedding or matting, if used, shall provide an environment suitable for small ruminant health.

(g) Small ruminants not in transit may be tied using halters or neck bands in their stalls or to stationary objects for up to 12 hours if feed and water are not available and for longer periods of time if feed and water are offered at reasonable intervals and the small ruminants can lie down safely.

N.J. Admin. Code § 2:8-6.5 Marketing and sale

(a) The driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the small ruminants, shall be responsible for the welfare of the animals at all times during transport.

(b) Small ruminants transported for any purpose must be handled (loaded and off-loaded) and transported in a manner that minimizes injury, illness and death.

During loading and unloading, the animals' owner or owner's agent, if present, is responsible for handling the small ruminants.

If the animals' owner or owner's agent is absent, the driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the animals, shall be responsible for the welfare of the animals.

(d) Small ruminants shall be provided with adequate ventilation during transport.

(e) During transport, the small ruminants' environment must provide relief from the elements that result in hyperthermia or hypothermia detrimental to the animals' health.

(f) Small ruminants shall be grouped according to size in the vehicle, and be able to stand or "cush" in normal posture within the vehicle.

The NJDA adopts and incorporates by reference the loading and truck space requirements outlined in the Livestock Trucking Guide by Temple Grandin for the National Institute for Animal Agriculture (revised September 2001), available at http://www.animalagriculture.org/Education/Pamphlets/Livestock%20Trucking%20Guide.pdf; and Recommended Animal Handling Guidelines & Audit Guide: A Systematic Approach to Animal Welfare, Temple Grandin, AMI Foundation (2010), available at http://www.meatami.com/ht/a/GetDocumentAction/i/61388.

(g) Animals not moved from an auction barn, transfer station or similar location shall have access to water in holding pens, and if held longer than 24 hours, access to feed in accordance with 9 C.F.R. § 313.2(e).

These are maximum times without feed and are not in addition to transportation times.

History

Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
Rewrote (f)1; and deleted (f)2.

N.J. Admin. Code § 2:8-6.6 Care and treatment

(a) Sick or injured small ruminants must be promptly treated or humanely euthanized.

The NJDA adopts and incorporates by reference the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.
Non-ambulatory disabled small ruminants and other animals unable to move, as defined in 9 C.F.R. § 313.1(c) and § 313.2(d):

i. Shall be separated from normal ambulatory small ruminants, both while being held and during transport, so that the normal ambulatory small ruminants do not injure the disabled small ruminants;

ii. Shall not be dragged while conscious, except when necessary to provide life-saving treatment, although a small ruminant in a state equivalent with one of surgical anesthesia may be dragged;

iii. A disabled small ruminant must be moved as safely as possible, in order to minimize injury to the animal and handler;

iv. Shall be provided with appropriate medical care, if they can reasonably be expected to survive and the owner chooses to attempt treatment; and

v. Shall be handled humanely at all times even if they are to be slaughtered or euthanized, so as not to cause unnecessary pain and injury, and disposed of properly.

(b) Dead small ruminants must be promptly removed from contact with live small ruminants or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.

(c) Proper medical care for the diagnosis or management of injury or disease must be provided to sick or injured animals and non-ambulatory disabled small ruminants.

Nothing in this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed in compliance with all local, State and Federal laws.

(d) Tail docking may be performed by a knowledgeable individual as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007.

History

Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
In (a)1, substituted "Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf" for "2000 Report of the AVMA Panel on Euthanasia (JAVMA, Vol. 218, No. 5, March 1, 2001) as amended and supplemented"; deleted former (a)2 and (a)4; recodified former (a)3 as (a)2; in (b), inserted "or other livestock"; and in (c)1, substituted "this chapter" for "these rules" and deleted "in a sanitary manner, in such a way to minimize pain, and" following "performed"; and rewrote (d).

N.J. Admin. Code § 2:8-6.7 Exceptions

(a) Exceptions to the standards set forth in this subchapter may be made for small ruminants provided the practices meet one or more of the following conditions:

Small ruminants are under the direct care of a veterinarian who can provide a medically supportable written explanation for the conditions;
Small ruminants may be confined in a vehicle or vessel for up to 28 consecutive hours without unloading for feeding and watering in accordance with 49 U.S.C. §

i. For purposes of determining this period of confinement, time spent in loading and unloading is not included; and/or

Small ruminants may be confined in holding cages or pens where feed may be withheld for up to 24 hours in accordance with 9 CFR § 313.2.

i. For purposes of determining this period of confinement, time spent in a vehicle or vessel shall not be included.

Exception to transport requirements:

i. Sheep may be confined for an additional eight consecutive hours without being unloaded when the 28-hour period of confinement ends at night in accordance with 49 U.S.C. § 80502.

Subchapter 7 STANDARDS FOR SWINE

N.J. Admin. Code § 2:8-7.1 General provisions

(a) This subchapter establishes standards for the humane raising, treatment, care, marketing, and sale of swine, pursuant to the authority accorded by N.J.S.A. 4:22-16.1.

All determinations as to whether the standards for swine have been met shall take into account age, breed, type, physiologic condition, size, production level/stage of development of the animal, the daily maintenance requirements necessary for that particular animal, and environmental conditions.

N.J. Admin. Code § 2:8-7.2 Feeding

(a) Each swine shall be assessed individually for purposes of determining compliance with the standards for feeding swine set forth in this section. Compliance with these standards shall not be determined by averaging the treatment or condition in a herd or group of swine.

Each swine must have daily access to sufficient and nutritious feed to allow for growth and maintenance of an adequate body condition as determined pursuant to the criteria in (b) and (c) below.

(b) Body condition can be measured using one of the following methods:

By direct measurement using a weight scale, when available, or by indirect measurement using a weight tape, when available; or
The NJDA adopts and incorporates by reference the BCS method (hereinafter referred to as BCS-Swine) described by Richard D. Coffey and Gary R. Parker in Assessing Sow Body Condition, University of Kentucky, College of Agriculture, Cooperative Extension Service, Publication ASC-158 Copyright 10-1999. 2pp. as amended and supplemented.
A copy of the above document is on file in the Director's Office, Division of Animal Health, NJDA, Health and Agriculture Building, John Fitch Plaza, Trenton, New Jersey
Copies may be procured on the World Wide Web at: http://www.ca.uky.edu/agc/pubs/asc/asc158/ asc158.pdf or by contacting Richard D. Coffey, Research and Education Center, PO Box 469, Princeton, KY 42445-0469. Phone: 270-365-7541, Extension

(c) Swine must have a BCS of at least level 2.0 using BCS-swine, provided, however, that a score lower than a 2.0 may be permitted for a reasonable period of time, if stage or level of production, physiologic conditions, or other factors results in such an appearance, during which time the animals management is being altered to improve the condition.

For purposes of (c) above, a "reasonable period of time" refers to the amount of time it would be expected to take to restore an animal to an acceptable body condition, using diligent efforts to do so.

i. A score of 1.0 is permitted at slaughter.

(d) Swine unable to maintain a BCS which meets the minimum score set forth in (b) and (c) above due to group feeding practices, must be fed in a manner that allows the swine to maintain an adequate BCS.

History

Amended by R.2005 d.207, effective 7/5/2005.
See: 36 New Jersey Register 2586(a), 37 New Jersey Register 2465(b).
In (c)1, added i.

N.J. Admin. Code § 2:8-7.3 Watering

(a) Each swine shall be assessed individually for purposes of determining compliance with the standards for watering swine set forth in this section. Compliance with these standards shall not be determined by averaging the treatment or condition in a herd or group of animals.

Each swine shall have daily access to water in sufficient quantity and quality to satisfy the animal's physiologic needs as evidenced by the swine's hydration status.

N.J. Admin. Code § 2:8-7.4 Keeping

(a) The swine's environment must provide relief from the elements, such as excessive wind, excessive temperature and excessive precipitation, that result in hyperthermia or hypothermia detrimental to the swine's health.

(b) Relief pursuant to (a) above can be accomplished with natural features of the environment including, but not limited to, trees, land windbreaks, overhangs or other natural weather barriers, or constructed shelters.

Where constructed shelters are provided, they shall:

i. Be of sufficient size to provide adequate space for each animal seeking shelter within to stand, lie down, rest, get up, be able to turn around freely, and fully extend the animal's limbs;

ii. Be structurally sound;

iii. Have a safe interior surface, reasonably free of injurious matter;

iv. Have natural or mechanical ventilation to provide air quality and maintain an environment suitable for the animals;

v. Provide an environment that supports swine health; and

vi. Be maintained at a level of repair such that they continue to fulfill the requirements of (b)1i through v above.

Stalls that do not allow a sow or gilt to turn around freely or allow them to fully extend their limbs may be used to feed and monitor individual sows and gilts and to minimize injury to piglets during the 14-day period prior to the date of giving birth or during any day when the pig is nursing.

i. The gilt or sow's head must not have to rest on an adjacent feeder.

ii. The gilt or sow's rear quarters must not be in contact with the back of the stall with her nose in contact with the front of the stall.

iii. The gilt or sow's head must not have to rest in the water trough.

iv. A pregnant gilt or sow's stall must be wide enough to allow the sow to stand up and lie down unimpeded, rest, and move its head freely.

The confinement standards set forth at (b)1i and 2 above shall not apply to the following activities:

i. Medical research;

iii. Transportation;

iv. State or county fair exhibitions, 4-H programs, or similar temporary exhibitions; or

v. Humane slaughter, in accordance with applicable laws, rules, and regulations.

Sharp objects or debris that pose an actual threat to the swine's health shall be minimized to reduce the risk of injury to the swine.
If stationary objects that pose a risk of injury cannot be removed, reasonable efforts must be made to minimize contact of the swine with these objects by fencing off or covering the object, or through similar means.

(d) Constructed floor surfaces on which swine are kept must provide footing that minimizes injury to the swine.

History

Amended by 56 N.J.R. 889(a) effective 5/20/2024

N.J. Admin. Code § 2:8-7.5 Marketing and sale

(a) The driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the swine, shall be responsible for the welfare of the animals at all times during transport.

(b) Swine transported for any purpose must be handled (loaded and off-loaded) and transported in a manner that minimizes injury, illness and death.

During loading and unloading, the animals' owner or owner's agent, if present, shall be responsible for handling the swine.

(c) If the animals' owner or owner's agent is absent, the driver of the transport vehicle, and/or any person who is present in the vehicle for purposes of transporting the swine, shall be responsible for the welfare of the animals.

(d) Swine shall be transported with minimal delay.

(e) Swine shall be provided with adequate ventilation during transport.

(f) During transport, the swine's environment must provide relief from the elements that result in hyperthermia or hypothermia detrimental to the animal's health.

(g) Swine must be grouped according to size and behavior when in a vehicle.

(h) Swine must be able to stand in normal posture within the vehicle.

The NJDA adopts and incorporates by reference the loading and truck space requirements outlined in the Livestock Trucking Guide by Temple Grandin for the National Institute for Animal Agriculture (revised September 2001), available at http://www.animalagriculture.org/Education/Pamphlets/Livestock%20Trucking%20Guide.pdf; Recommended Animal Handling Guidelines & Audit Guide: A Systematic Approach to Animal Welfare, Temple Grandin, AMI Foundation (2010), available at http://www.meatami.com/ht/a/GetDocumentAction/i/61388; Transportation Quality Assurance Handbook (National Pork Board 2009), available at http://www.pork.org/Producers/docs/TQA_08.pdf. .

(i) Swine shall be loaded according to the truck space requirements set forth in the Livestock Trucking Guide, (Livestock Conservation Institute, 1910 Lyda Drive, Bowling Green, KY), available at

http://www.animalagriculture.org/Education/Pamphlets/Livestock%20Trucking%20Guide.pdf; Recommended Animal Handling Guidelines & Audit Guide: A Systematic Approach to Animal Welfare, Temple Grandin, AMI Foundation (2010), available at

http://www.meatami.com/ht/a/GetDocumentAction/i/61388; Transportation Quality Assurance Handbook (National Pork Board 2009), available at

http://www.pork.org/Producers/docs/TQA_08.pdf..

(j) There shall be sufficient room in the holding pen for swine held overnight to lie down as required by 9 C.F.R. § 313.2(e).

These are maximum times without feed and water and are not in addition to transportation times.

History

Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
Rewrote (h)1 and (i); and deleted (h)2.

N.J. Admin. Code § 2:8-7.6 Care and treatment

(a) Sick or injured swine must be promptly treated or humanely euthanized.

The NJDA adopts and incorporates by reference the acceptable methods of euthanasia as set forth in the American Veterinary Medical Association (AVMA) Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf.
Non-ambulatory disabled swine and other animals unable to move, as defined in 9 C.F.R. § 313.1(c) and § 313.2(d):

i. Shall be separated from normal ambulatory swine, both while being held and during transport, so that the normal ambulatory swine do not injure the disabled swine;

ii. Shall not be dragged while conscious, except when necessary to provide life-saving treatment, although swine in a state equivalent with one of surgical anesthesia may be dragged;

iii. All disabled swine must be moved as safely as possible, in order to minimize injury to the animal and handler;

iv. Shall be provided with appropriate medical care, if they can reasonably be expected to survive and the owner chooses to attempt treatment;

v. Shall be handled humanely at all times even if they are to be slaughtered or euthanized, so as not to cause unnecessary pain and injury, and disposed of properly; and

vi. Shall not be transported to a livestock market.

(b) Dead swine must be promptly removed from contact with live swine or other livestock within 24 hours and disposed of in a manner consistent with all applicable Federal, State and local regulations governing disposal.

(c) Proper medical care for the diagnosis or management of injury or disease must be provided to sick, injured, or non-ambulatory disabled swine.

Nothing in this chapter shall prohibit owners from providing medical care and treatment to their own animals provided it is performed in compliance with all local, State and Federal laws.

(d) Tail docking, teeth trimming and tusk trimming may be performed by a knowledgeable individual as recommended in the Guide for the Care and Use of Agricultural Animals in Research and Teaching, Federation of Animal Science Societies, third edition, 2010 and described in the Handbook of Livestock Management, Battaglia, fourth edition, 2007.

History

Amended by R.2005 d.207, effective 7/5/2005.
See: 36 N.J.R. 2586(a), 37 N.J.R. 2465(b).
In (a)3, added vi.
Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
In (a)1, substituted "Guidelines on Euthanasia (June 2007), available at http://www.avma.org/issues/animal_welfare/euthanasia.pdf" for "2000 Report of the AVMA Panel on Euthanasia (JAVMA, Vol. 218, No. 5, March 1, 2001) as amended and supplemented"; deleted former (a)2 and (a)4; recodified former (a)3 as (a)2; in (b), inserted "or other livestock"; in (c)1, substituted "this chapter" for "these rules" and deleted "in a sanitary manner, in such a way to minimize pain, and" following "performed"; and rewrote (d).

N.J. Admin. Code § 2:8-7.7 Exceptions

(a) Exceptions to the standards set forth in this subchapter may be made for swine provided the practices meet one or more of the following conditions:

Swine are under the direct care of a veterinarian who can provide a medically supportable written explanation for the conditions.
Swine are confined in a vehicle or vessel for up to 28 consecutive hours without unloading for feeding and watering in accordance with 49 U.S.C. §

i. For purposes of determining this period of confinement, time spent in loading and unloading is not included.

Swine may be confined in holding cages or pens where feed may be withheld for up to 24 hours in accordance with 9 C.F.R. § 313.2.

i. For purposes of determining this period of confinement, time spent in a vehicle or vessel shall not be included.

Subchapter 8 THE INVESTIGATION AND ENFORCEMENT OF ALLEGED VIOLATIONS OF HUMANE STANDARDS

N.J. Admin. Code § 2:8-8.1 General

(a) The purpose of this subchapter is to establish procedural rules governing the investigation of complaints alleging the cruel and inhumane treatment of domestic livestock, and the commencement of actions for enforcement of the standards for the humane care and treatment of domestic livestock set forth in N.J.A.C. 2:8-2 through 7 (hereinafter referred to as "standards").

(b) No investigations or enforcement actions pursuant to N.J.S.A. 4:22-15 et seq., pertaining to the cruel or inhumane raising, keeping, care, treatment, marketing, and sale of domestic livestock in violation of these standards, shall be instituted or conducted except in accordance with the rules set forth in this subchapter.

Any interested party may request training on how to interpret these rules.

i. Training will be jointly prepared and conducted by the NJDA and Rutgers School of Environmental and Biological Sciences, New Jersey Agricultural Experiment Station.

(c) Infectious agents or toxins may be spread to new hosts by contact with humans, vectors, fomites and other animals. Clothing, footwear, feed, bedding, and equipment, including automobile tires, can harbor disease-causing organisms. Therefore, all inspections must be performed according to biosecurity protocols to prevent the spread of infectious or contagious agents on or from the premises.

Vehicle: To avoid transporting infectious agents or toxins from one farm to another, vehicles shall be driven and parked in areas to avoid surfaces traveled by animals, farm equipment and farm vehicles. Car windows shall remain closed to prevent flying insects from getting inside vehicle.

Protective clothing: Clean cloth or disposable Tyvek coveralls shall be worn at each site. Cleaned and disinfected rubber boots or disposable boots are required. These items shall be changed or cleaned and disinfected between sites. If more than one species or group is housed on a site, each area shall be treated as a different site.

Equipment: All equipment shall be thoroughly cleaned and disinfected upon arrival and prior to leaving a site.

i. New equipment, if clean, may not need to be disinfected upon arrival.

Order of inspection: The owner or manager of the site shall be consulted to determine the order for the site visitation. The areas with the lowest risk of exposure to infectious agents shall be visited first.

Cleaning: Removal of organic debris (urine, feces) and washing of surfaces that have been exposed to organic debris must precede disinfection to be effective. Cleaning is the most labor-intensive part of the cleaning and disinfection process.

i. Failure to remove the organic material by effectively cleaning an object may result in the survival of infectious agents or toxins. Efficient cleaning removes almost 99 percent of the agent from a contaminated object. Disinfectants should be applied only after removal of contaminated organic matter. Washed surfaces should be allowed to dry before applying disinfectants. Disinfectants should be allowed to remain on treated surfaces for a minimum of seven minutes.

ii. Detergents should be used on non-disposable boots and equipment to facilitate the removal of organic debris from these objects. Tools used to clean these items must also be cleaned and then disinfected prior to additional use.

Disinfecting: Detergents shall be rinsed off thoroughly prior to the application of disinfectants to avoid any potentially hazardous chemical reactions.

i. The use of disinfectants that have the broadest spectrum of activity, including efficacy on porous surfaces with organic debris, and contact safety is ideal. No single disinfectant will satisfy all considerations. Disinfectant properties should be evaluated with regard to the intended areas of use.

(d) Complaints involving illness, injury or death, that may be the result of microorganisms, toxins or radiation must be reported to the State Veterinarian immediately and in any case within 48 hours in accordance with N.J.A.C. 2:2-1.5.

(e) Diseases that are dangerous to animal health and are enumerated in N.J.A.C. 2:2-1.1 may result in one or more of the following clinical signs in livestock:

Death;

Excessive discharges from body orifices;
Anorexia (off-feed), cachexia (weight loss);
Skin lesions including blisters, pustules, discoloration;
Abnormal behavior, excessive vocalization, depression;
Excessive urination; excessive salivation; excessive tearing;
Lameness, off balance; falling down; difficulty rising; circling, partial or complete paralysis;
Muscle tremors; seizures;
Sneezing, open mouthed breathing, gasping for air, nasal discharge, coughing, difficulty breathing;
Diarrhea, vomiting; constipation, excessively dry manure;
Twisting of head and neck;
Foaming at mouth or nose;
Head pressing, stargazing, no menace response, uneven pupil sizes;

Drooping wings, feather or hair loss, excessive loss of mane and tail hairs;

Partial to complete drop in egg production; production of thin-shelled eggs;
Swelling of the tissues around eyes, neck or legs; opaqueness of eyes;

Abortions, still births, weak neonates; and/or

Abnormal body temperature.

History

Amended by R.2005 d.207, effective 7/5/2005.
See: 36 N.J.R. 2586(a), 37 N.J.R. 2465(b).
In (c)3, added i.
Amended by R.2012 d.026, effective 2/6/2012.
See: 43 N.J.R. 3(a), 44 N.J.R. 219(a).
In (b)1i, substituted "Rutgers School of Environmental and Biological Sciences" for "Cook College".

N.J. Admin. Code § 2:8-8.2 Identification and prohibition of cruel or inhumane treatment

(a) The cruel or inhumane treatment of domestic livestock is prohibited.

(b) Any owner or person who owns or controls a facility or property that houses domestic livestock, or who has custody of, direction over or authority to control domestic livestock, who fails to provide care for or to treat such domestic livestock in a manner that meets the standards for the humane keeping, care, treatment, marketing and sale of domestic livestock as established in N.J.A.C. 2:8-2 through 7, shall be deemed to be cruel and inhumane in the care of these animals, except when experiencing extraordinary or catastrophic conditions, or as otherwise provided by these rules.

(c) There shall be a presumption that the raising, keeping, care, treatment, marketing, and sale of domestic livestock in accordance with the standards adopted at N.J.A.C. 2:8-2 through 7 does not constitute cruelty to, or inhumane care or treatment of, domestic livestock, as prohibited by N.J.S.A. 4:22-15 et seq.

(d) Nothing in these rules shall prohibit the slaughter of domestic livestock in accordance with 9 C.F.R. § 313.

N.J. Admin. Code § 2:8-8.3 Complaints

(a) Complaints or allegations of animal cruelty concerning domestic livestock may be made by any person including, but not limited to, CLI, officers of the SPCA, Animal Control Officers, other local or State authorities, or private individuals.

(b) The complaints shall be submitted in writing or by phone, fax or e-mail to the NJDA, the NJSPCA, county SPCAs or other State or local government authority.

(c) Complaints may be mailed to the State Veterinarian, New Jersey Department of Agriculture, Division of Animal Health, PO Box 330, Trenton, NJ 08625, faxed to the State Veterinarian at 609-777-8395, or emailed to the State Veterinarian at mailto:State.Veterinarian@ag.state.nj.us.

(d) Complaints must identify as completely as possible:

The date of the observed acts;
An identification of any unique characteristics of the domestic livestock that will enable the animal(s) in question to be distinguished from other domestic livestock;
The location of the domestic livestock at the time of the incident and current location if different; and
A specific description of the nature of the alleged acts of cruelty or inhumane treatment.

(e) Complaints shall be evaluated as soon as they are received. The authority receiving the complaint may reject it if it fails to provide sufficient information in the categories described in (d)1 though 4 above to facilitate investigation of the complaint.

(f) The NJSPCA, county SPCAs or other State or local government authority receiving a complaint shall immediately notify the New Jersey Department of Agriculture and, if the complaint is in writing, provide a copy to the NJDA at the address provided in N.J.A.C. 2:8-8.3(c).

(g) The NJSPCA, county SPCAs, or other State or local government authority shall, whenever possible, provide notice to the State Veterinarian of its intent to inspect the location of domestic livestock.

(h) The NJSPCA, county SPCAs and other State or local government authorities are strongly encouraged to consult with the State Veterinarian prior to conducting an investigation and to conduct the investigation in conjunction with the State Veterinarian. Nothing in this section shall limit the authority of the NJSPCA, county SPCAs or other State or local authority to investigate or bring enforcement actions.

N.J. Admin. Code § 2:8-8.4 Certification and role of a certified livestock inspector (CLI)

(a) The rules set forth in this subsection are only applicable to investigations conducted by or on behalf of the Department of Agriculture.

(b) If the State veterinarian concludes that a complaint is credible and identifies adequate cause to believe that a violation of the standards may have occurred, he or she shall assign a CLI to the case.

The NJSPCA, county SPCAs and other State or local governmental authority may request that the State veterinarian assign a CLI to investigate a complaint.

(c) The CLI assigned to the case shall investigate the complaint by means including the inspection of domestic livestock and the premises on which the livestock is located.

(d) The CLI shall investigate all complaints received by the State Veterinarian as soon as reasonably practicable.

(e) Only those persons certified as CLIs by the State Veterinarian and the Secretary of Agriculture may investigate complaints regarding the cruel or inhumane treatment of domestic livestock on behalf of the Department of Agriculture.

(Reserved)

(f) Only individuals meeting the following qualifications may be certified as CLIs in New Jersey:

A veterinarian, animal health technician or investigator who is an employee of the NJDA or the USDA, APHIS, whom the State Veterinarian determines to be qualified to conduct inspections; or
A New Jersey licensed veterinarian.

(g) A certified CLI shall demonstrate sufficient knowledge and experience as to the type(s) of animals to be investigated.

The State Veterinarian shall find that a CLI has demonstrated sufficient knowledge and experience as to the type(s) of animals to be investigated upon finding that:

i. The CLI is board-certified in a specialty that emphasizes the species to be inspected;

ii. The CLI is a veterinary practitioner who has recent extensive experience with the particular species (such as, for inspecting horses, Doctors of Veterinary Medicine who own, train, judge, or show horses); or

iii. The CLI can otherwise demonstrate that he or she is knowledgeable in the area of keeping, care, treatment, marketing and sale of the species of domestic livestock inspected (such as, for inspecting horses, Doctors of Veterinary Medicine who teach equine related subjects in an accredited college or school of veterinary medicine or have an equine practice).

(h) All CLI shall complete a continuing education program of relevant course work conducted at various venues (for example, colleges or universities, professional organizations or other animal welfare conferences) and approved by the State Veterinarian, consisting of not less than four hours of instruction, before commencing his or her duties and each year thereafter in order to maintain certification.

The CLI shall provide a written certification that the requirements in (h) above were met.

N.J. Admin. Code § 2:8-8.5 Procedures for obtaining inspection of premises and records

(a) Any investigating authority shall make reasonable efforts to contact each person having custody of or responsibility for any domestic livestock, or the manager of any show, exhibition, sale, auction, slaughter house or other facility which keeps or holds domestic livestock, in order to obtain consent for the inspection of any animal, or of any records pertinent to the alleged violation.

(b) If the investigating authority is unable to obtain consent for an adequate and timely inspection as provided in (a) above, he or she shall make an application to a court having jurisdiction over violations of these rules for a warrant to enter and search buildings or places wherein it is reasonably believed that such law or regulation is being violated.

(c) The biosecurity protocols set forth in N.J.A.C. 2:8-8.1 must be followed during each investigation on all livestock premises.

(d) If the inspecting authority determines that animals' lives are in imminent peril; that it would be fruitless to pursue a request for a voluntary inspection; that there is a possibility that the animals will be moved if advance notice is given; or that a consensual inspection otherwise is not practical, it shall not be necessary to make efforts to arrange for voluntary access to premises and inspection of animals or records before seeking a warrant.

(e) For the purpose of examination, testing, or taking of evidence, the investigating authority may recommend that the State Veterinarian quarantine the domestic livestock, where there is probable cause to believe they are being treated cruelly, to any premises on which they are located, including, but not limited to, a show, exhibition, sale or auction.

Such detained animals must be marked for identification and such identifying markings shall not be removed by any person other than a representative or agent of the Department of Agriculture.

i. Animals under quarantine shall only be moved with the authorization of the State Veterinarian.

(f) The NJSPCA, county SPCAS, State or local authorities may also apply to a court of competent jurisdiction for an injunction preventing the removal of the animals.

(g) An investigating authority conducting an inspection of domestic livestock and premises shall:

Visit the location where the complainant indicates that cruelty has occurred, or the current location of the animal;
Identify the domestic livestock about which the complaint was made, using the complainant's description of the animal;

Inspect the animal and the conditions under which the animal is kept; and, if the inspection is conducted by a New Jersey licensed veterinarian, examine the animal;

Collect any necessary site samples for testing, and record findings; however, samples may be taken from the animals only by a New Jersey licensed veterinarian;
Request any necessary records from the person having custody of or responsibility for any domestic livestock; and
Provide a receipt for any records removed from the site.

(h) After the inspection, the investigating authority will record:

The results of the investigation; and
The nature and purpose of any samples taken for later analysis.

(i) The investigating authority that takes the samples is responsible for maintaining and recording a custody chain for any samples collected.

(j) Nothing in these rules shall be deemed to insulate an investigating authority from liability as otherwise provided by law.

(k) If the investigation is conducted by or on behalf of the Department of Agriculture, the CLI who takes the samples is responsible for maintaining and recording a custody chain for any samples collected.

The custody chain protocol, as determined by the NJDA, will be maintained.
A CLI conducting a re-inspection will prepare and provide to the State veterinarian a full set of the same records as are required for an initial inspection.

N.J. Admin. Code § 2:8-8.6 Records of the complaint and inspection required and disposition thereof

(a) Upon completing the inspection, the investigating authority shall provide the State veterinarian with the results of the inspection. This may be done by phone, e-mail, fax or in writing.

Results shall be provided within 24 hours of the completion of the inspection for violations considered to be "severe."

Results shall be provided within two business days of the completion of the inspection for all other violations.

(b) The investigating authority shall include in the records of the inspection forwarded within seven days to the State Veterinarian the following information:

Current contact information of the complainant, if available (for example, name, address, phone number, fax, email address);

i. Nothing in this section limits the assertion of the informer's privilege as found in the New Jersey Rules of Evidence.

The date and time the complaint was received;
The identity, location and description of the animal; the nature of the complaint; and, if known, the standard that was violated;
The date and place of the visit to the affected animal;
Current contact information of the person having custody of or responsibility for the domestic livestock (for example, name, address, phone number, fax, email address);
Current contact information of the owner of the livestock (for example, name, address, phone number, fax, email address);
The observations of the animal before it is physically examined;
The results of a physical examination performed by a New Jersey licensed veterinarian, if available;
A description of the livestock housing and other husbandry practices; and

The name of the person or persons employed to conduct the inspection.

History

Amended by R.2005 d.207, effective 7/5/2005.
See: 36 New Jersey Register 2586(a), 37 New Jersey Register 2465(b).
In (b)1, added i.

N.J. Admin. Code § 2:8-8.7 Actions on violations or other acts of cruelty

(a) The following apply to minor violations:

Where the State veterinarian, NJSPCA, county SPCAs, or other State or local government authority determines that the person who has custody of, or is responsible for, and/or is the owner of the domestic livestock has committed a minor violation of this chapter, that official or authority shall:

i. Inform the person having immediate custody of or responsibility for the domestic livestock in a written warning of the provisions violated;

(1) The initial notification may be in person, by telephone, fax, or email.

(2) If the initial notice is not in writing, the investigating authority shall, within 24 hours of the finding that the minor violation has occurred, serve on the person or mail to the person's last known address, a written notification of the findings of the inspection, of the standard of statutes violated or other acts of cruelty.

(3) Either of these notifications, if in writing, shall constitute the written warning of the offense in those cases where required by N.J.S.A. 4:22-16.1.

ii. If the inspection is conducted by the State veterinarian, the written notice will also include corrective measures which must be taken to achieve compliance with the standards contained in N.J.A.C. 2:8-2, including the amount of time allowed to take corrective measures;

iii. The NJSPCA, county SPCAs and other State and local authorities are encouraged to consult with the State veterinarian to determine appropriate corrective measures and the amount of time necessary for same; and

iv. Advise other authorities of the action taken.

If the person who has custody of, or is responsible for, and/or is the owner of the domestic livestock, after receiving notice of violation under this section, fails to cure the violation within a reasonable time, the State veterinarian, NJSPCA, county SPCAs or other State or local authority may determine that the person is in continuing violation of this chapter, and initiate enforcement of these standards as provided by N.J.S.A. 4:22-15 et seq.
For subsequent minor violations, no written warning need be provided.

(b) The following apply to severe violations:

Where the State veterinarian, NJSPCA, county SPCA or other State or local authority determines that the person who has custody of, or is responsible for, and/or the owner of the domestic livestock has committed a severe violation of this rule, that official or authority shall initiate enforcement or penalty proceedings pursuant to N.J.S.A. 4:22-15 et seq.
Where severe violations of these standards are continuing, the NJSPCA, county SPCAs or other State or local authority may:

i. Take any steps authorized by N.J.S.A. 4:22-15 et seq. to assure that the animal is cared for appropriately including, but not limited to, feeding, watering, providing medical care, euthanasia and disposal; and

ii. Bring an action in a court of competent jurisdiction to allow it to confiscate the domestic livestock from the person as allowed by N.J.S.A. 4:22-26.1.

Where the State veterinarian determines that a severe violation is continuing, he or she shall request the SPCA, ACO or other State or local authority to take the actions identified in (b)2i and ii above.

History

Administrative correction.
See: 39 N.J.R. 27(b).

Chapter 9 AVIAN INFLUENZA

Subchapter 1 INDEMNIFICATION

N.J. Admin. Code § 2:9-1.1 Indemnities

(a) The handling and disposition of any and all poultry, poultry products or equipment, which is in the opinion of the Department of Agriculture likely to spread or harbor Avian Influenza shall be dealt with in accordance to the directives of the Division of Animal Health of the New Jersey Department of Agriculture.

(b) Indemnity shall be paid for any bird destroyed pursuant to an order of the Department, subject to availability of funds. Appraisal value for all birds will be determined by either Animal and Plant Health Inspection Service (APHIS)-developed valuation lists or by APHIS Appraisal-Indemnity-Compensation Specialist (AICS).

(c) No indemnity shall be paid for any actions not taken pursuant to a directive of the Department, or in contradiction of a directive of the Department.

(d) Subsections (a) through (c) above shall not apply to premises quarantined pursuant to this chapter for infection with Avian Influenza more than twice within the registration year.

History

Amended by 46 N.J.R. 1471(b), effective 6/16/2014

N.J. Admin. Code § 2:9-1.2 Disposal costs

(a) The disposal costs of any birds destroyed pursuant to a directive of or by the Department shall be paid, subject to the availability of funds, as follows:

Should the owner undertake to dispose of the birds pursuant to the directives of the Department, the owner shall submit the disposal bill to the Department. If the Department finds the bill reasonable, the Department shall reimburse the bill, or such costs as the Department deems reasonable.
No disposal undertaken without Department supervision, or in contradiction to the directives of the Department, shall be paid.

(b) Subsection (a) above shall not apply to premises quarantined pursuant to this chapter for infection with Avian Influenza more than twice within the registration year.

History

Amended by 46 N.J.R. 1471(b), effective 6/16/2014

N.J. Admin. Code § 2:9-1.3 Reserved

History

Repealed by R.2006 d.201, effective 6/5/2006.
See: 38 N.J.R. 865(a), 38 N.J.R. 2413(a).
Section was "Movement into live poultry markets".

N.J. Admin. Code § 2:9-1.4 Reserved

History

Repealed by R.2006 d.201, effective 6/5/2006.
See: 38 N.J.R. 865(a), 38 N.J.R. 2413(a).
Section was "Definitions".

Subchapter 2 GENERAL PROVISIONS

N.J. Admin. Code § 2:9-2.1 Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Accredited veterinarian" means a veterinarian approved by the Administrator of USDA, Animal and Plant Health Inspection Service (APHIS), in accordance with the provisions of 9 CFR Part 161, to perform functions required by state-Federal-industry cooperative programs.

"Animal health official" means a full-time employee of any state animal health department or of APHIS who has authority from the State Veterinarian or the area veterinarian in charge to carry out program activities.

"APHIS-VS" means Animal and Plant Health Inspection Service -- Veterinary Services.

"Area veterinarian in charge" means the APHIS veterinarian who is assigned by the Administrator of the Animal and Plant Health Inspection Service to supervise and perform official duties of APHIS in a specified state or states. Information as to the name and address of the Regional Director for the state or states concerned can be obtained by writing to the Animal and Plant Health Inspection Service, Animal Care, 4700 River Road, Unit 84, Riverdale, MD 20737-1234.

"Assistant District Director" means the Animal and Plant Health Inspection Service (APHIS) veterinarian who is assigned by the Administrator of the APHIS to supervise and perform official duties of APHIS in a specified state or states. Information as to the name and address of the Regional Director for the state or states concerned can be obtained by writing to the Animal and Plant Health Inspection Service, Animal Care, 4700 River Road, Unit 84, Riverdale, MD 20737-1234.

"Certificate of Veterinary Inspection" means an official document, which includes:

The information outlined in N.J.A.C. 2:3-1.4;
A statement made by the examining veterinarian that includes the date, a statement of negative avian influenza status, and lab accession number(s) of qualifying tests;
A copy of the finalized laboratory report indicating that the poultry tested negative for avian influenza; and

"Certified poultry technician" means an individual who has been specially trained in poultry health monitoring and specimen collection by the state in which they are certified, who is included on an official list of technicians certified by the state in which they reside to perform inspections and specimen collections, and whose state certification program has been approved by the NJDA. A state's certification program, at a minimum, must contain standards for:

Certification that include training in sample collection, sample handling and submission, biosecurity protocol and poultry health monitoring;
Recertification that includes an annual training update, review of the technician's testing history and paperwork, and review of reports of non-compliance with poultry certificate requirements and biosecurity protocol; and

Termination of certification that include disciplinary action protocols.

"Distribution system" means businesses engaged in the transportation and/or sale of poultry to the live bird markets, including, but not limited to, poultry distributors, wholesalers, poultry dealers, haulers/truckers, and qualified poultry auctions.

"Established flock" means poultry of the same species held together on one premises for at least 21 consecutive days; or at the discretion of the State Veterinarian, any group of poultry on one premises that has been segregated from another group for at least 21 consecutive days. The flock shall be kept separate and apart from all other poultry of unknown health status and no additional birds may be added between the testing date and the date that the birds leave the farm.

"Hauler/trucker" means a business entity or individual that transports poultry from producer/supplier premises to another producer/supplier, a poultry distributor, a live bird market, or qualified poultry auction.

"Live bird market" or "live bird marketing" means any facility that gathers live poultry to be slaughtered and sold onsite. End-stage poultry markets that are not "slaughter-only" markets, will require development and approval of special biosecurity safeguards pursuant to N.J.A.C. 2:9-2.2(b)7 and inspections to ensure that they meet the requirements of this chapter and are successful in the prevention and control of low pathogenicity avian influenza.

"Live bird marketing system" means live bird markets and their production/supplier flocks and distribution systems.

"Monitored flock" means an established flock that meets the following criteria:

A sample size of at least 30 birds is tested monthly for signs of avian influenza. If the flock contains less than 30 birds, all birds within the flock must be tested monthly;
The birds tested have tested negative for avian influenza for three consecutive months;
The flock is registered with the New Jersey Department of Agriculture pursuant to N.J.A.C. 2:9-2.2;
With the exception of day-old chicks moved directly from a National Poultry Improvement Plan (NPIP) U.S. Avian Influenza Clean hatchery or pullets moved directly from an NPIP U.S. H5/H7 Avian Influenza Monitored flock, no birds of lesser status may be added to the flock. When birds of lesser status are added to the flock, the flock loses its monitored status. After waiting 21 consecutive days, a flock that has lost its monitored status may requalify for monitored status if 30 birds have tested negative for avian influenza monthly for three consecutive months;
The flock must comply with the requirements set forth in N.J.A.C. 2:9-5.2 and 5.3(a); and
The flock must receive a poultry inspection certificate indicating negative avian influenza status prior to movement.

"NJDA" shall mean the New Jersey Department of Agriculture.

"Positive sample" means a diagnostic specimen that is:

Positive for avian influenza virus, subtype H5 or H7, by realtime reverse transcriptase/polymerase chain reaction assay (RRT-PCR), gene sequencing, or virus isolation;
Positive for specific antibodies to avian influenza virus, subtype H5 or H7, but not as a consequence of vaccination; or
Other avian influenza virus subtypes based on epidemiologic evaluation and risk determination.

Specimens positive for avian influenza virus must be confirmed by the National Veterinary Services Laboratory.

"Poultry" means any species of domestic fowl raised for food production or other purposes, including, but not limited to, chickens, turkeys, ostriches, emus, rheas, cassowaries, waterfowl, guinea fowl and game birds.

"Poultry dealer" means any business entity or individual engaged in the business of trading birds in the live bird marketing system, acquiring birds from multiple flocks and geographic areas for resale, and/or movement of live poultry between the production/supplier flocks and live bird markets.

"Poultry distributor" means any business entity or individual working within the distribution system serving the live bird markets, including, but not limited to, production/supplier flocks, wholesalers, poultry dealers, haulers/truckers and qualified poultry auctions.

"Poultry inspection certificate" means a document issued by a state agency based on negative avian influenza test results by a United Stated Department of Agriculture (USDA) approved laboratory. The certificate shall be accompanied by a copy of the finalized laboratory report indicating that the poultry tested negative for avian influenza. The certificate shall include:

The full name of the flock owner and the phone number of the flock owner/manager;
The address of the origin of the poultry;
The breeds and quantity of all poultry maintained on the premises of origin at the time of testing that qualify for movement;
The dates that the poultry were tested, number of samples collected, lab accession number(s) of qualifying tests and a statement of negative avian influenza status;
The date of issue and expiration date of the certificate;
A signed statement by the flock owner certifying that the identified poultry are from:

i. A monitored flock; or

ii. A tested flock; and

A signed statement by an accredited veterinarian, animal health official or certified poultry technician certifying that the flock was inspected at the time of testing and no signs of clinical disease were observed.

"Poultry invoice" means a document issued by a poultry distributor or production/supplier flock, which shall include:

1.The full name and address of the poultry distributor or production/supplier flock where the poultry originated;

The breeds and quantity of the poultry being moved;
The date of movement;
A statement of negative avian influenza status; and

5.The name and address of the poultry distributor or live bird market where the poultry are being moved.

"Production/supplier flock" means the backyard flock or farm that is the origin of poultry offered for sale within the live bird marketing system.

"Qualified poultry auction" means an auction where all poultry have tested negative for avian influenza prior to entering the auction, surveillance is conducted at the auction and an authorized agent of the New Jersey Department of Agriculture is present during the sale of the birds. These auctions shall be considered poultry distributors within the live bird marketing system.

"State Veterinarian" means the state official who is responsible for the livestock and poultry disease control and eradication programs in a state.

"State animal health department" means the department or division within the executive branch of a state government who is responsible for development and implementation of livestock and poultry disease control and eradication programs for the state.

"Tested flock" means an established flock in which 30 birds have tested negative for avian influenza 10 days prior to the date of movement and no poultry have been added to the flock after testing and prior to movement. If the flock contains less than 30 birds, all birds within the flock must be tested.

"Unit" means any division or quantity accepted as a standard of measurement or exchange. Where it is possible to determine the exact number of animals (livestock or poultry), the Department will use that number as the basis for calculating a penalty. Where the exact number of animals is not known, the department will use the next identifiable quantity as the unit (that is, crate or truckload) on which the penalty will be based.

"USDA" shall mean the United States Department of Agriculture.

"Wholesaler" means a business with a permanent facility that buys birds from production/supplier flocks, poultry distributors, or qualified poultry auctions, and then trades or resells them.

History

Amended by 46 N.J.R. 1471(b), effective 6/16/2014

N.J. Admin. Code § 2:9-2.2 Registration

(a) Live bird markets, poultry distributors, and production/supplier flocks that conduct business in the State of New Jersey must register annually with the NJDA and must comply with the requirements of N.J.A.C. 2:3 and this chapter, as evidenced by no pending violations or unsatisfied penalties. The registration year shall begin September 1 and end August 31. Production/supplier flocks that conduct business within New Jersey but are located in another state/country shall be exempt from registering with the NJDA if:

Their premises has been assigned a national premises identification number from the country of origin where the poultry originate;
The premises identification number has been registered with the state/country in which the premises is located; and
Proof of registration is provided to an authorized agent of the NJDA.

(b) Applicants for registration shall provide the following information to the NJDA:

The business name, premises address and telephone number;
The owner's name, mailing address and telephone number;
The days and hours of operation for live bird markets and poultry distributors;
Bird capacity;
Other businesses or premises under the same ownership within the live bird marketing system, including, but not limited to, live bird markets, poultry distributors and production/supplier operations;
A list of all avian and nonavian species raised or sold on the premises;
A proposed biosecurity protocol, which must contain, at a minimum, the following:

i. For live bird markets, procedures addressing market compliance with the requirements set forth in N.J.A.C. 2:9-3.2(a) through (g);

ii. For poultry distributors, procedures addressing distributor compliance with the requirements set forth in N.J.A.C. 2:9-4.2(a); and

iii. For poultry production/supplier flocks, procedures addressing production/supplier flock owner compliance with the requirements set forth in N.J.A.C. 2:9-5.2(a);

A proposed recordkeeping system, which must contain, at a minimum, the following:

i. For live bird markets, procedures addressing market compliance with the requirements set forth in N.J.A.C. 2:9-3.1(a) through (c);

ii. For poultry distributors, procedures addressing distributor compliance with the requirements set forth in N.J.A.C. 2:9-4.2(b) and (c); and

iii. For poultry production/supplier flocks, procedures addressing production/supplier flock owner compliance with the requirements set forth in N.J.A.C. 2:9-5.2(c);

Any additional information requested of a specific applicant by the State Veterinarian.

(c) By registering with the NJDA, the live bird market, poultry distributor and production/supplier flock shall allow any authorized agent of the NJDA access to the following:

All facilities, businesses and premises;
All of the birds in the facility for inspection and testing;
All biosecurity records; and
All records of bird receipts, sales and test papers.

(d) Registration will not be approved until the applicant's premises, biosecurity protocol, recordkeeping system, and the cleaning and disinfection of its conveyances and equipment has been inspected and approved pursuant to this section by authorized agents of the NJDA. Any applicant or registrant located outside the state shall be subject to inspection by authorized agents of USDA-APHIS-VS or agents of the state in which the registrant premises is located on behalf of the NJDA.

(e) All personnel that work for the business or on the premises shall be trained annually in biosecurity by an authorized agent of the NJDA or by a trained representative from the applicant or registrant's business. Certification of employee training shall be maintained on file on the premises for 12 months and must be presented upon demand by any authorized agent of the NJDA.

History

Amended by 46 N.J.R. 1471(b), effective 6/16/2014

Subchapter 3 LIVE BIRD MARKETS

N.J. Admin. Code § 2:9-3.1 Movement of poultry into live bird markets

(a) Only poultry distributors who have met the requirements of N.J.A.C. 2:9-2.2 and 4.1 may move live poultry into New Jersey live bird markets that have met the requirements of N.J.A.C. 2:9-2.2. All poultry moving into a live bird market must be accompanied by a poultry invoice.

(b) Live bird markets are responsible for obtaining poultry invoices for all birds at the time of their receipt. If poultry invoices are not available, the birds must not enter the live bird market.

(c) All poultry invoices must be maintained at the live bird market for a minimum of 12 months from the date of entry into the market and must be presented upon demand by any authorized agent of the NJDA.

(d) All poultry entering a live bird market shall be slaughtered within 10 days of entering the market.

History

Amended by 46 N.J.R. 1471(b), effective 6/16/2014

N.J. Admin. Code § 2:9-3.2 Live bird market sanitation and biosecurity

(a) Live bird markets shall develop and adhere to a biosecurity protocol that is approved by the NJDA pursuant to N.J.A.C. 2:9-2.2(b)7. All biosecurity protocols shall include, at minimum, quarterly closure of the market with complete sanitation, cleaning, disinfection and at least 24 hours of downtime after disinfectant is applied. The market must be inspected, tested and approved by an authorized agent of the NJDA before it will be allowed to reopen. The market will be approved for reopening when the market has been sanitized, cleaned, disinfected and retested in accordance with biosecurity protocols approved pursuant to N.J.A.C. 2:9-2.2(b)7.

(b) All locations on the premises that are used to house poultry, livestock and all associated conveyances, equipment and supplies, must be of a material that can be routinely cleaned and disinfected in accordance with the NJDA approved biosecurity protocol on a year-round basis.

(c) Poultry shall be housed separate and apart from swine in accordance with the NJDA-approved biosecurity protocol to minimize disease transmission between these species.

(d) Only animals for sale and slaughter shall be kept in areas where poultry are housed.

(e) No person shall permit live poultry to leave the live bird market.

(f) Live poultry shall not be moved from one live bird market to another, or to any other location.

(g) Each live bird market shall maintain an effective and safe pest control program that minimizes or eliminates the presence of rodents, flies, roaches, and other insects and vermin. The premises shall be kept in such condition as to prevent the breeding, harborage, or feeding of these pests.

N.J. Admin. Code § 2:9-3.3 Live bird market surveillance

(a) Live bird markets shall be required to undergo at minimum monthly inspections for compliance with this chapter and quarterly testing.

(b) Premises suspected or confirmed positive of infection with avian influenza shall be quarantined by the NJDA, pursuant to N.J.A.C. 2:5-4. Premises under quarantine must comply with the following:

All premises shall dispose of its poultry population. Market personnel shall immediately depopulate all poultry, pigeons and doves in the market, or at the discretion of the State Veterinarian, may be given up to five days to sell down poultry. No new poultry or animal deliveries may be accepted once the premises have been placed under quarantine. At the close of business on the fifth day, any poultry and/or pigeons and doves remaining, shall be depopulated by market personnel;
All other livestock must be removed from the market, and placed into temporary holding pens on the premises in accordance with N.J.A.C. 2:8, Humane Treatment of Domestic Livestock, while the entire market is cleaned, disinfected and allowed to dry, or moved directly into a USDA recognized slaughter establishment by permit issued by the NJDA;
Once emptied of birds and livestock, the premises must be cleaned of all organic material, then disinfectant shall be applied. All areas where poultry and livestock were housed shall be cleaned and disinfected. An authorized agent of the NJDA will determine if the cleaning and disinfection is satisfactory; and
The premises must remain empty of poultry and livestock for a minimum of 24 hours after disinfectant is applied. The premises must be retested and approval must be obtained from an authorized agent of the NJDA before it will be released from quarantine.

(c) Once official confirmation of avian influenza exists, such premises shall remain under quarantine until an authorized agent of the NJDA is satisfied that the risk of disease exposure no longer exists.

(d) Live bird markets that test positive on quarterly testing will be required to undergo monthly testing, unless the State Veterinarian determines that more frequent testing is necessary. If more frequent testing is necessary, the testing shall occur at intervals recommended by State Veterinarian. If results are positive for avian influenza virus, the live bird market will again be placed under quarantine and shall follow the requirements of (b) above. After three consecutive months of negative testing, the market may be allowed to return to a schedule of quarterly testing and monthly inspection.

History

Amended by 46 N.J.R. 1471(b), effective 6/16/2014

Subchapter 4 POULTRY DISTRIBUTORS

N.J. Admin. Code § 2:9-4.1 Testing requirements for poultry distributors

(a) Poultry distributors may only conduct business with live bird markets, poultry distributors, and production/supplier flocks who have met the requirements of N.J.A.C. 2:9-2.2. A poultry distributor must obtain a completed poultry invoice and either a completed poultry inspection certificate or a certificate of veterinary inspection from the production/supplier flock for all poultry intended for movement into a New Jersey live bird market, qualified poultry auction, and poultry distributor.

(b) The poultry invoice and poultry inspection certificate or certificate of veterinary inspection required in (a) above shall remain in the possession of the poultry distributor and a new poultry invoice shall accompany all poultry delivered to live bird markets. If poultry are sold or transferred from one poultry distributor to another, a copy of the poultry inspection certificate or certificate of veterinary inspection and a new poultry invoice must accompany each transaction.

(c) The State of New Jersey adopts as the official laboratory tests of the avian influenza program Part IV of USDAs Prevention and Control of H5 and H7 Low Pathogenicity Avian Influenza in the Live Bird Marketing System Uniform Standards for a State-Federal-Industry Cooperative Program, effective October 20, 2004, incorporated herein by reference, as amended and supplemented. A copy of this document is on file in the State Veterinarians Office, Division of Animal Health, New Jersey Department of Agriculture, NJPHEAL, 3 Schwartzkopf Drive, Ewing, NJ 08628 or online at http://www.aphis.usda.gov/newsroom/hot_issues/avian_influenza/contents/printable_version/uniform_standards.pdf.

(d) Poultry less than seven days of age are exempt from testing requirements if:

The poultry originated and moved directly from a monitored or tested breeding flock; and
The poultry are accompanied by a poultry inspection certificate or certificate of veterinary inspection.

(e) Poultry distributors may not remove live poultry or other live animals from live bird markets.

History

Amended by 46 N.J.R. 1471(b), effective 6/16/2014

N.J. Admin. Code § 2:9-4.2 Poultry distributor sanitation and biosecurity

(a) All poultry distributors shall develop and adhere to an NJDA approved biosecurity protocol. All biosecurity protocols submitted pursuant to N.J.A.C. 2:9-2.2(b)7, at a minimum, must include the following:

Cleaning, sanitation and disinfection to prevent transmission of Avian Influenza virus from one premises to another;

All non-disposable footwear shall be disinfected before entering and after leaving any premises containing poultry;

All disposable footwear shall be discarded after each visit to any premises containing poultry;
All poultry distributor personnel shall wash their hands prior to and between each entry of a premises containing live poultry;
Cabs (interior and exterior), tires and bodies of all conveyances shall be cleaned and disinfected to prevent transmission of the Avian Influenza virus from one premises to another; and
Coops, crates, flats, cages or other conveyances and other equipment shall be cleaned and disinfected prior to reuse when moving live poultry, using NJDA-approved washing equipment and protocols.

(b) All poultry distributors shall maintain records of all poultry transfers, including: poultry invoices, poultry inspection certificates, and certificates of veterinary inspection for a period of 12 months at the business premises. These records must be presented upon demand to an authorized agent of the New Jersey Department of Agriculture.

(c) All poultry distributors shall maintain a logbook in each vehicle used to transport live poultry certifying that they have complied with the biosecurity protocols in (a)5 and 6 above.

All completed logbooks must be maintained at the business premises for a period of 12 months and must be presented upon demand to an authorized agent of the New Jersey Department of Agriculture.
Each logbook shall contain the following information for each entry:

i. The date, time and location that each act of cleaning and disinfection required by (a)5 and 6 above was performed;

ii. The following statement: "I certify under penalty of law that the information provided in this entry is true, accurate and complete. I am aware that there are significant civil penalties for submitting false, inaccurate or incomplete information and significant criminal penalties, including fines and/or imprisonment for submitting false, inaccurate or incomplete information or information which I do not believe to be true."; and

iii. The printed name and signature of the agent who performed the act of cleaning and disinfection on behalf of the poultry distributor.

The NJDA will accept logbooks from other states that meet the requirements of (c)1, 2i and 2iii above.

Each logbook must be reviewed quarterly by the poultry distributor to ensure compliance with the NJDA approved biosecurity plan. Proof of this quarterly review must be shown by a certification containing the following information for each quarter:

i. The following statement: "I certify under penalty of law that I have reviewed the entries in the logbook for this quarter and that the actions of the above named agent(s) are in compliance with my NJDA approved biosecurity plan. I am aware that there are significant civil penalties for submitting false, inaccurate or incomplete information and significant criminal penalties, including fines and/or imprisonment for submitting false, inaccurate or incomplete information or information which I do not believe to be true.";

ii. The printed name and signature of the poultry distributor if the poultry distributor is an individual, or the signature of a person authorized to act on behalf of the poultry distributor if the poultry distributor is a business entity; and

iii. The date in which the logbook was signed and the time period the review covers.

(d) Incidents involving false swearing or false reporting in the documents required by this subchapter may be referred by the Department for prosecution including, but not limited to, those authorized pursuant to N.J.S.A. 2C:28-3.

History

Amended by 46 N.J.R. 1471(b), effective 6/16/2014

N.J. Admin. Code § 2:9-4.3 Poultry distributor surveillance

(a) Poultry distributors including all premises, conveyances, crates and birds will be inspected for compliance with this chapter and tested at least quarterly for evidence of avian influenza virus. Any registered poultry distributor located outside the State shall be subject to quarterly inspection and testing by authorized agents of USDA-APHIS-VS or agents of the state in which the registrant premises is located on behalf of the NJDA.

(b) Poultry distributor facilities that test positive for avian influenza virus shall be quarantined according to N.J.A.C. 2:5-4 and shall remain under quarantine until an authorized agent of the NJDA is satisfied that the risk of disease exposure no longer exists. Premises under quarantine must comply with the following:

All premises shall be quarantined according to N.J.A.C. 2:5-4 and will be required to depopulate all poultry, including pigeons and doves, and undergo cleaning and disinfection. The premises shall be retested and approved by an authorized agent of the NJDA before it will be released from quarantine. A negative environmental test result is required before restocking;

All other livestock must be removed from any area where the poultry were housed or stored while the entire poultry area is cleaned, disinfected and allowed to dry. Livestock must be placed into temporary holding pens on the premises in accordance with N.J.A.C. 2:8, Humane Treatment of Domestic Livestock, or moved directly into a USDA recognized slaughter establishment pursuant to conditions established by NJDA;
Once emptied of birds and livestock, all areas where poultry were housed or stored must be cleaned of all organic material, then disinfectant shall be applied. An authorized agent of the NJDA will determine if the cleaning and disinfection is satisfactory; and
The premises must remain empty of poultry and livestock for a minimum of 24 hours after disinfectant is applied. Any disinfectant and/or cleaning solution applied to the premises must be allowed to thoroughly dry before restocking with poultry or livestock. The poultry distributor premises must be inspected, tested and approved by an authorized agent of the NJDA before it will be allowed to restock.
At the discretion of the State Veterinarian, under special circumstances poultry distributors may be exempted from depopulation if they are determined to be low risk for disease transmission. In such cases, the State Veterinarian will approve and implement a special quarantine release protocol. Under this protocol, the poultry distributor premises will be quarantined until tested negative and the quarantine is lifted by the State of New Jersey.

(c) A poultry distributor that fails biosecurity inspections and/or tests positive during the quarterly testing shall undergo monthly inspections and testing until there have been three consecutive months of negative testing, at which time quarterly testing will resume.

(d) Poultry distributors located in other states that test positive for Avian Influenza may be embargoed by the NJDA according to N.J.A.C. 2:5-2.1(a) and (b).

Subchapter 5 PRODUCTION/SUPPLIER FLOCKS

N.J. Admin. Code § 2:9-5.1 Production/supplier flocks

(a) Production/supplier flocks may only conduct business with live bird markets, poultry distributors, and production/supplier flocks who have met the requirements of N.J.A.C. 2:9-2.2.

(b) A completed poultry invoice and either a completed poultry inspection certificate or a certificate of veterinary inspection must accompany all poultry intended for movement through a poultry distributor or into a production/supplier flock.

(c) Birds from production/supplier flocks may not be moved directly to live bird markets unless the flock owner or manager is also registered as a poultry distributor pursuant to N.J.A.C. 2:9-2.2, with the necessary NJDA-approved biosecurity protocols and equipment to ensure effective cleaning and disinfection of conveyances and equipment.

History

Amended by 46 N.J.R. 1471(b), effective 6/16/2014

N.J. Admin. Code § 2:9-5.2 Production/supplier flock sanitation and biosecurity

(a) Production and supplier flock facilities, conveyances, and other equipment shall be clean and sanitary at all times.

(b) A biosecurity protocol shall be developed by the producer/supplier, approved by NJDA pursuant to N.J.A.C. 2:9-2.2(b)7 and shall be in place for all production/supplier premises.

(c) Flock test records, including all poultry inspection certificates and certificates of veterinary inspection, as well as records of bird transfers, poultry invoices, and biosecurity records, must be maintained at the flock premises for 12 months and shall be presented upon demand to an authorized agent of the New Jersey Department of Agriculture.

History

Amended by 46 N.J.R. 1471(b), effective 6/16/2014

N.J. Admin. Code § 2:9-5.3 Production/supplier flock surveillance

(a) Premises may be subjected to random inspections by authorized agents of the New Jersey Department of Agriculture to ensure that the premises, conveyances, and coops are clean and sanitary. Random samples may be collected for virus identification from birds and/or environment at the time of inspection.

(b) Premises that have results confirmed as positive for avian influenza virus shall be quarantined according to N.J.A.C. 2:5-4 and will be required to depopulate all poultry, including pigeons and doves, and undergo cleaning and disinfection. All premises under quarantine shall remain under quarantine until an authorized agent of the NJDA is satisfied that the risk of disease exposure no longer exists. The premises shall be retested and approved by an authorized agent of the NJDA before it will be released from quarantine. A negative environmental test result is required before restocking.

(c) All other livestock must be removed from any area where the poultry were housed or stored while the entire poultry area is cleaned, disinfected and allowed to dry. Livestock must be placed into temporary holding pens on the premises in accordance with N.J.A.C. 2:8, Humane Treatment of Domestic Livestock, or moved directly into a USDA-recognized slaughter establishment by permit issued by the NJDA.

(d) Once emptied of birds and livestock, all areas where poultry were housed or stored must be cleaned of all organic material, then disinfectant shall be applied. An authorized agent of the NJDA will determine if the cleaning and disinfection is satisfactory.

(e) The premises must remain empty of poultry and livestock for a minimum of 24 hours after disinfectant is applied. Any disinfectant and/or cleaning solution applied to the premises must be allowed to thoroughly dry before restocking with poultry or livestock. The premises must be inspected, tested and approved by an authorized agent of the NJDA before it will be allowed to restock.

(f) At the discretion of the State Veterinarian, under special circumstances small positive flocks may be exempted from depopulation if they are determined to be low risk for disease transmission. In such cases, the State Veterinarian will approve and implement a special quarantine release protocol. Under this protocol, the flock will be quarantined and allowed to remain in its environment until it tests negative and the quarantine is lifted by the State of New Jersey.

Subchapter 6 PENALTIES

N.J. Admin. Code § 2:9-6.1 Penalties for violations of this chapter

(a) Any person who violates the provisions of this chapter, shall be subject to the following penalties:

First offense: not less than $ 100.00 per unit or violation nor more than $ 200.00 per unit or violation; and
Each subsequent offense: $ 200.00 per unit or violation or imprisonment for not more than one year, or both.

i. After the second violation of any part of this chapter by the same registered live bird market, poultry distributor, poultry producer/supplier flock during the same calendar year, the Department of Agriculture may revoke its registration for the remainder of the registration year.

(b) Every day a violation occurs at the same location, or by the same individual or persons representing that individual, shall be considered a separate violation.

(c) The Department may require poultry to be tested for avian influenza if in its judgment such testing would be necessary to prevent introduction of the disease.

(d) Additional penalties or actions may be taken at the discretion of the State Veterinarian until epidemiology, testing or retesting discloses no potential threat of avian influenza infection to contact animals.

(e) An authorized agent of the NJDA shall make the initial determination as to whether a violation of this chapter has occurred and what penalty should be assessed pursuant to (a) above.

(f) The State Veterinarian shall make the initial determination as to whether to deny a registration in N.J.A.C. 2:9-2.2, or revoke a registration as provided in (a)2i above.

(g) Any applicant who is aggrieved by the determination of the State Veterinarian pursuant to this section shall, upon written request transmitted to the NJDA within 20 days of the penalty assessment, registration denial, or notice of intent to revoke a registration, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Administrative Procedure Rules, N.J.A.C. 1:1.

(h) Poultry not meeting the requirements of this chapter shall be refused entry into the State, or if already in the State, are subject to quarantine by the NJDA as follows:

Actions taken by the NJDA as part of a quarantine, in accordance with this subsection, may include, but shall not be limited to:

i. A directive prohibiting movement of poultry into or out of a quarantined area;

ii. A directive requiring diagnostic tests and procedures to confirm that the poultry are not affected by Avian Influenza and shall remain under quarantine until such confirmation is received; and/or

iii. A directive in accordance with N.J.A.C. 2:9-3.3(b)1 through 4.

Poultry subject to a quarantine imposed by the NJDA in accordance with this subsection shall remain under quarantine until one of the following requirements are met:

i. The poultry owner provides written proof to the NJDA that the poultry are in compliance with the requirements of this chapter; or

ii. The poultry owner has complied with the requirements of the directive issued by the NJDA pursuant to (h)1 above.

(i) Pursuant to N.J.S.A. 4:23-11 et seq., actions to enforce the provisions of this section may be brought by and in the name of the Secretary of Agriculture against any person or entity that fails to comply with this section. Any penalties assessed pursuant to (a) above shall be recovered by and in the name of the Secretary of Agriculture.

Chapter 10 LABORATORY SERVICES

Subchapter 1 FEE SCHEDULE

N.J. Admin. Code § 2:10-1.1 Definitions

The following words and terms, as used in this chapter, shall have the following meanings. Words of art undefined in the following paragraphs shall have the meaning attributed to them by trade usage or general usage as reflected by definition in a standard dictionary, such as Webster's.

"Agglutination tests" means a test on serum to indicate presence of antibodies.

"AGID" means agar gel immunodiffusion test.

"Biopsy" means the gross and microscopic examination of tissue from an animal for the purpose of diagnosis.

"BLV" means bovine leukemia virus.

"BT" means bluetongue.

"CAE" means caprine arthroencephalitis.

"Case consultation" means the act of providing an opinion, or second opinion, on a veterinary diagnostic case at the request of an external organization or individual based on diagnostic information made available by such organization or individual.

"Certificate of Veterinary Inspection" means an official New Jersey certificate issued by an accredited New Jersey veterinarian indicating that an animal present in New Jersey has been examined and otherwise tested for disease and attesting to the good health of said animal. Such certificates are prepared by New Jersey veterinarians for submission to, and review by, the Division of Animal Health in connection with the export of animals from New Jersey. Such certificates may be submitted to the Division of Animal Health either in paper format on official forms provided by the Division of Animal Health, or in electronic format through vendors of electronic Certificates of Veterinary Inspection (eCVI) who have entered into an agreement with the Department to submit such certificates electronically in the manner and pursuant to the terms and conditions set forth in such agreement during the term of such agreement.

"Cosmetic necropsy" means minimally invasive necropsy to examine internal organs and obtain necessary samples, so that the animal body retains a presentable condition for viewing.

"Decalcification" means softening of bones caused by removal of calcium ions to make bones amenable for histopathology examination.

"Disposal fee" means the fee charged to dispose of the remains of an animal after a necropsy has been performed. NJDA AHDL does not accept animals for disposal separate or apart from the performance of necropsy services.

"Domestic livestock" means cattle, horses, donkeys, swine, sheep, goats, rabbits, poultry, fowl, and any other domesticated animals as defined by N.J.S.A. 4:22-16.1.c and N.J.A.C. 2:8-1.2.

"EHD" means epizootic hemorrhagic disease.

"EHV" means equine herpes virus.

"ELISA" means enzyme linked immunosorbant assay or enzyme imunno-assay.

"FA" means fluorescent antibody techniques for agent identification in tissue.

"Forensic necropsy" means a necropsy procedure that attempts to establish the manner of death, any contributory causes, and if possible, the time of death. This type of necropsy is reserved for investigation of animal-related crimes or other situations that have legal implications (including matters involving insurance claims) and goes beyond standard necropsy in its objectives and relevance.

"H and E" means hematoxylin and eosin staining technique.

"HI" means hemagglutination-inhibition techniques (for example, influenza antibody, eastern, western, West Nile virus).

"Histology" means the microscopic examination of cells and the minute structure of tissues and organs.

"Histopathology" means the microscopic examination of cells and the minute structure of tissues and organs to study changes caused by disease.

"IFA" means indirect fluorescent antibody techniques that may be used for agent identification but mostly used to antibody determination.

"IgG" means immunoglobin G, a class of antibody.

"IgM" means immunoglobin Class M-an indicator of recent exposure.

"Laboratory" or "AHDL" means the New Jersey Department of Agriculture, Animal Health Diagnostic Laboratory.

"MAT" means microagglutination titer.

"MIC" means minimum inhibitory concentration.

"Necropsy" means a postmortem examination of the internal organs of a dead animal to determine the cause of death.

"NJCHAP" means the New Jersey Cattle Health Assurance Program. As used in this chapter, "NJCHAP" shall also include the New Jersey Sheep and Goat Health Assurance Program.

"OPP" means ovine progressive pneumonia.

"PCR" means polymerase chain reaction.

"Regulated medical waste" means animal waste as defined in N.J.A.C. 7:26-3A.6(a)5.

"SHI" means synergistic hemolysin inhibition.

"SN" means serum neutralization procedures (for example, equine herpes-1, equine viral arteritis).

"Special stains" means any staining technique other than H and E staining technique.

History

Amended by 51 N.J.R. 167(a), effective 2/4/2019

N.J. Admin. Code § 2:10-1.2 Fees

(a) For all veterinary diagnostic services for which there is no flat rate user fee listed--for instance, due to the introduction of a new test format--the hourly rate user fee will be calculated for the actual time, labor, administrative, and material costs required to provide the service.

(b) Fees for bacteriology isolation and identification tests are as follows:

| Technique | Charge | | --- | --- | | Aerobic culture and identification ....................... . | $30.00 | | Anaerobic culture and identification .................... | $40.00 | | Salmonella............................................................. | $ 39.00 | | Fungal culture ................................................... | $30.00 | | Listeria................................................................... | $ 30.00 | | Mycoplasma culture........................................... | $25.00 | | Sensitivities (Kirby Bauer) ................................. | $20.00 | | Sensitivities (MICs)........................................... | $30.00 | | Johne's culturing per animal (NJCHAP) ............... | $20.00 | | Johne's culturing per animal (non-NJCHAP) ......... | $30.00 | | Leptospira microagglutination titer (MAT) ........... | $25.00 | | Caseous lymphadenitis SHI ................................ | $15.00 | | Bacterial isolate identification ............................. | $15.00 |

| Technique | Charge | | --- | --- | | HI serum titer ........................................ . | $ 30.00 | | HI serum screen ....................................... . | $ 20.00 | | Serum neutralization............................................. | $20.00 | | Direct fluorescent antibody (for agent).... ............... | $25.00 | | Indirect fluorescent antibody (for antibody) ............. | $20.00 | | IgM antibody capture ELISA ................................ | $25.00 | | IgG antibody capture ELISA ................................. | $25.00 | | Western blot........................................................ | $45.00 | | Virus isolation ..................................................... | $70.00 | | Fish virus isolation per cell line ............................. | $25.00 | | Fish tissue collection for health inspection per fish.. | $3.00 |

(d) Fees for serology are as follows:

| Technique | Charge | | --- | --- | | Johne's ELISA ......................................... . | $ 6.00 | | AGID EIA (Coggins) ........................................... | $8.00 (includes the EIA/Coggins processing fee set forth at (i) below | | AGID, other.......................................................... | $ 6.00 | | ELISA ................................................................ | $22.00 | | Agglutination tests (card, plate, tube, rivanol, microtiter) .............................. .. ........................ | $5.00 |

(e) Fees for pathology are as follows:

| Technique | Charge | | --- | --- | | Ova and parasites, qualitative ............................. | $15.00 | | Ova and parasites, quantitative ........................... | $20.00 | | Necropsies for domestic livestock: | | | Necropsy small livestock animal (up to 100 lbs) May include histopathology, up to two cultures, and fecal exam at discretion of the laboratory ..................................................... | $100.00 | | Necropsy large livestock animal (101 to 300 lbs) May include histopathology, up to cultures, and fecal exam at discretion of the laboratory ..................................................... | $150.00 | | Necropsy large livestock animal (greater than 300 lbs) May include histopathology, up to two cultures, and fecal exam at discretion of the laboratory ..................................................... | $200.00 | | Necropsy poultry (up to two birds) May include histopathology, aerobic up to two cultures, and fecal exam at discretion of the laboratory, and includes disposal ........................................... | $75.00 | | Brain removal head only .................................... | $50.00 | | Histology ("necropsy in bottle") | | | up to six tissues/sites ..................................... | $125.00 | | More than six tissues/sites ............................. | $175.00 | | Histology (biopsies) | | | First site ....................................................... | $75.00 | | Each additional site ........................................ | $20.00 | | Field necropsy with sample collection ................. | $75.00/hour | | Field sample collection (field courier) ................. | $35.00/hour | | Necropsies for animals that are not domestic livestock | | | Necropsy--Avian (pet/exotic/zoo/wildlife) per bird May include histopathology, up to two cultures, and fecal exam at the discretion of the laboratory ..................................................... | $250.00 | | Necropsy--Canine and Feline May include histopathology, up to two cultures, and fecal exam at the discretion of the laboratory ............ | $350.00 | | Necropsy--Equine, based on animal weight May include histopathology, up to two cultures, and fecal exam at the discretion of the laboratory | | | Less than 200 lbs ......................................... | $200.00 | | 200-500 lbs ................................................. | $250.00 | | 501-800 lbs ................................................. | $350.00 | | More than 800 lbs ....... ................................. | $450.00 | | Necropsy for other non-livestock animals (0 to 50 lbs) May include histopathology, up to two cultures, and fecal exam at discretion of the laboratory ..................................................... | $200.00 | | Necropsy for other non-livestock animals (51 to 100 lbs) May include histopathology, up to two cultures, and fecal exam at discretion of the laboratory ..................................................... | $250.00 | | Necropsy for other non-livestock animals (101 to 300 lbs) May include histopathology, up to two cultures, and fecal exam at discretion of the laboratory ..................................................... | $300.00 | | Necropsy for other non-livestock animals (301 to 500 lbs) May include histopathology, up to two cultures, and fecal exam at discretion of the laboratory ..................................................... | $350.00 | | Necropsy for other non-livestock animals (greater than 500 lbs) May include histopathology, up to two cultures, and fecal exam at discretion of the laboratory ................. | $500.00 | | Necropsy fish ( per fish) Gross exam .............. | $50.00 | | Spinal cord, or section thereof, removal (<100 lbs) .................................................................. | $100.00 | | Spinal cord, or section thereof, removal (>100 lbs) .................................................................. | $175.00 | | Case consultation fee (external fee) ..................... | $75.00/hour | | Cosmetic necropsy (pets up to 100 lbs) ................ | $500.00 | | Disposal fees (except poultry), based on animal weight: | | | Up to 50 lbs .................................................. | $25.00 | | 50 to 100 lbs ................................................. | $50.00 | | 101 to 200 lbs ............................................... | $75.00 | | 201 to 300 lbs ............................................... | $125.00 | | 301 to 500 lbs ............................................... | $175.00 | | 501 to 900 lbs ............................................... | $250.00 | | Over 900 lbs ................................................. | $350.00 | | Disposal of regulated medical waste .................... | Actual charge | | Carcass handling and preparation for off-site cremation ......................................................... | $25.00 | | Other pathology fees: | | | Orthopedic examination ..................................... | $150.00 | | Cytology .......................................................... | $60.00 | | Additional fee for forensic necropsy ................... | $ 350.00 | | Decalcification ........................................ | $ 20.00 | | Special stains ......................................... | $ 10.00 | | Slide made, unstained .................................. | $ 10.00 | | Slide made, H and E stained ............................... | $15.00 |

(f) Fees for test batteries or syndrome panels are as follows:

| Contagious equine metritis quarantine procedures | | | --- | --- | | Quarantine supervision and laboratory testing: stallion ..... | $1,650 | | Quarantine supervision and laboratory testing: mare ....... | $675.00 |

Fees for all other test batteries or syndrome panels will be charged at a discount of 20 percent below the cost that otherwise would be charged on each in-house component test that is part of the battery/panel. The battery/panel shall be composed by laboratory diagnosticians to facilitate the most economical and accurate diagnosis of clinical conditions by grouping tests. Laboratory diagnosticians may compose such panels/batteries, as needed, in response to prevalent disease conditions and/or client requests. Any costs of tests done by an outside laboratory as part of the battery/panel will be passed on to the client/requester pursuant to (h) below.

(g) Fees for molecular diagnostic services are as follows:

| PCR (Uniplex: one probe) ..................................... | $42.00 | | --- | --- | | PCR (Duplex: two probes).................................... | $60.00 | | PCR (Multiplex: greater than two probes) ...... ......... | $15.00 per additional probe |

(h) Services listed at (b) through (g) above are subject to availability of materials and demand for services. When a service is unavailable, the service may be referred to an external laboratory with notice to the submitter and documented consent. Costs will be calculated as the actual laboratory test fee(s) and any shipping and handling.

(i) Fees for other animal disease diagnostic and testing services and other animal health tests deemed necessary by the State Board of Agriculture:

| EIA/Coggins processing fee ....................................... | $1.00 | | --- | --- | | Certificate of Veterinary Inspection ........................ | $2.00 |

The fee for a Certificate of Veterinary Inspection (CVI) that is provided to a New Jersey veterinarian in paper format is due and payable at the time that the Department issues the blank Certificate of Veterinary Inspection to the veterinarian. Paper format CVIs are issued to veterinarians in booklets of 25. An additional charge for postage will be included in the total amount due when providing CVIs in paper format. The fee for a Certificate of Veterinary Inspection in electronic format is due and payable to the authorized vendor at the time such forms are accessed and submitted through the vendor's website, and authorized vendors shall remit those fees to NJDA pursuant to the terms of their agreement with NJDA.

History

Amended by 51 N.J.R. 167(a), effective 2/4/2019

Subchapter 2 TERMS OF LABORATORY SERVICES

N.J. Admin. Code § 2:10-2.1 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings. Words of art undefined in this section shall have the meaning attributed to them by trade usage or general usage as reflected by definition in a standard dictionary, such as Webster's.

"Animal remains" means the animal carcass, any portion of an animal carcass, tissue samples, and associated items that may include, but are not limited to, bedding and other personal effects that are delivered with the animal carcass.

"Laboratory" or "AHDL" means the New Jersey Department of Agriculture, Animal Health Diagnostic Laboratory.

"Submitter" means any individual who engages the services of the laboratory. Such individuals may include animal owners, veterinarians, members of law enforcement, or agents of business entities including non-profit organizations and corporations.

History

Adopted by 51 N.J.R. 167(a), effective 2/4/2019

N.J. Admin. Code § 2:10-2.2 Animal remains

(a) Due to risk of disease transmission, animal remains and specimens shall not be returned after submission to the AHDL and will be disposed of at the discretion of AHDL, subject to the exemptions of this subsection.

(b) Upon written request of the submitter or animal owner prior to start of a necropsy procedure, animal remains shall be released to licensed private crematorium for private services at no cost to the laboratory.

(c) Notwithstanding (b) above, animal remains that are regulated medical waste, as defined by N.J.A.C. 7:26-3A.6(a)5, shall be disposed of pursuant to all applicable State and Federal laws, rules, and regulations.

(d) Upon written request by the animal owner or submitter, specimens may be released directly from AHDL to another laboratory for confirmatory testing or to seek professional opinion, or as required by Federal or State law.

History

Adopted by 51 N.J.R. 167(a), effective 2/4/2019

N.J. Admin. Code § 2:10-2.3 Records designated confidential

In addition to records designated as confidential pursuant to the provisions of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., and any other law, rule, Executive Order of the Governor, resolution of both houses of the Legislature, Rule of Court, or any Federal law or regulation, complete (final) and intermediate (interim) reports, including necropsy reports, shall not be considered government records subject to public access pursuant to OPRA.

History

Adopted by 51 N.J.R. 167(a), effective 2/4/2019

N.J. Admin. Code § 2:10-2.4 Collections

Unpaid balances will be sent to collection per applicable New Jersey Department of the Treasury rules or circular. First-time clients may be required to pay a deposit equal to the expected cost of the testing.

History

Adopted by 57 N.J.R. 185(a), effective 1/21/2025

Chapter 16 CERTIFICATION

Subchapter 1 BLUEBERRY PLANTS

N.J. Admin. Code § 2:16-1.1 Certification of blueberry plants

All blueberry growers selling propagating wood, rooted cuttings or plants must be certified. Certification shall be based on the inspection of all nursery plants, cutting beds and of enough mother plants to ensure adequate supplies of cutting wood for sale and for own propagation. The rules shall be as set forth in this subchapter.

N.J. Admin. Code § 2:16-1.2 Application for participation

Application for the program shall be made by one year preceding the establishment of the cutting bed to the Supervisor of Nursery Inspection, Division of Plant Industry, New Jersey Department of Agriculture, PO Box 330, Trenton, N.J. 08625-0330.

N.J. Admin. Code § 2:16-1.3 Qualifications for mother plants; removal of diseased or infested plants

(a) Mother plants shall be clearly marked for variety.

(b) A row, partial row or rows of established plants of each variety to be propagated are to be cut to a maximum of 24 inches from the ground annually to provide propagating wood.

(d) Plants showing symptoms of blueberry stunt disease or virus diseases such as shoestring, mosaic, scorch, and ringspot are to be tagged by the inspectors and removed by the grower within 72 hours after notification. Plants showing symptoms of blueberry stunt or virus diseases are to be sprayed by the grower to control insect vectors, when present, prior to removal.

(e) Plants found infested with injurious insects shall not be certified until infested plants are removed or the infestation controlled.

(f) If mother plants are bordered on one side or on both sides by field bushes, five rows on either side of the mother row or rows will be inspected.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-1.4 Qualification for nursery plants; removal of diseased plants

(a) Nursery plants, to qualify as certified, shall not have more than three-quarters of one per cent stunt for the season.

(b) Where varieties within the nursery field show different percentages of stunt, the tolerances in (a) above are nevertheless applicable to each variety.

(c) Plants infected with stunt and other virus diseases shall be tagged and removed by the grower within 72 hours after notification. Plants showing symptoms of blueberry stunt or virus diseases are to be sprayed by the grower to control insect vectors, when present, prior to removal.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-1.5 Time of inspection and insecticide application

(a) All mother plants, rooted cuttings and nursery plants shall be sprayed, as needed, to control the sharp-nosed leafhoppers and aphids. The timing of these applications and the material to be used shall be recommended by the New Jersey Agricultural Experiment Station. Records of all pesticide applications shall be maintained by the grower and shall be available to the Department if requested.

(b) The times of inspections are as follows:

First inspection during May and June;

Second inspection during August, September and October; and

Additional inspections as deemed necessary by the Department.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-1.6 Procedure for handling cuttings, cutting beds and plant nurseries

(a) Cuttings shall be clearly marked for variety.

(b) A record of the number of cuttings set in the cutting beds and nursery rows by varieties shall be kept by the grower.

(c) Propagators whose plantings have not been certified the preceding year or those who buy additional cutting wood shall procure the same from fields approved for certification. A bill of sale shall be presented on demand showing the source and quantity of said purchase.

(d) Cutting beds and nursery rows shall be isolated 50 feet from uncertifiable plants unless prior arrangement has been made with the Department to alter that standard.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-1.7 Issuance of inspection certificates

Upon fulfillment of the requirements of this subchapter, and following payment of nursery inspection fees as specified in N.J.A.C. 2:18, the grower is entitled to the certificate of inspection from the New Jersey Department of Agriculture.

History

Recodified from N.J.A.C. 2:16-1.8 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Former N.J.A.C. 2:16-1.7, "Procedure for handling nursery rows", repealed.

N.J. Admin. Code § 2:16-1.8 Reserved

History

Recodified by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Text of section, "Issuance of inspection certificates", recodified to N.J.A.C. 2:16-1.7.

Subchapter 2 SEED AND SOD, GENERAL CERTIFICATION STANDARDS

N.J. Admin. Code § 2:16-2.1 Applicability of certification standards

(a) The standards set forth in this subchapter are applicable to all crops eligible for certification for genetic purity and identity, and, in conjunction with the standards for the individual crops found in the subchapters applying to those crops, shall constitute the standards for the certification of crops in New Jersey.

(b) Field and seed standards for certified seed crops not listed in this chapter shall be those established by the Association of Official Seed Certifying Agencies, AOSCA Certification Handbook--Publication No. 23, as amended and supplemented, incorporated herein by reference.

(c) Copies of the standards for the kind to be certified may be obtained from the Department or from the Association of Official Seed Certifying Agencies, Box 9812, Mississippi State, MS 39762.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-2.2 Certifying organizations from New Jersey

(a) The New Jersey Department of Agriculture is the official seed certification agency in the state of New Jersey and assumes the regulatory or enforcement work in turf production.

(b) Cook College, Rutgers--The State University is the agricultural research and extension agency for seed and turf certification.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-2.3 Purpose of certification

The purpose of certification is to maintain and make available to the public, high quality seed, sod and propagating material of superior crop varieties so grown and distributed as to insure genetic identity, genetic and mechanical purity, a minimum of seed-borne diseases and turf pests such as weeds, injurious insects, diseases and plant parasitic nematodes.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-2.4 Classes and sources of certified seed

(a) Four classes of seed are recognized in seed certification, namely breeder, foundation, registered and certified. These classes are defined as follows:

Breeder seed is seed of vegetative material directly controlled by the originating or the sponsoring plant breeder or institution and which provides the source for the initial and recurring increase of foundation seed.

Foundation seed is the progeny of breeders or foundation seed so handled as to maintain specific genetic identity and purity. Foundation seed may be the progeny of foundation seed only after approval has been granted by the Department.

Registered seed is the progeny of foundation seed that is so handled as to maintain genetic identity and purity, and that has been approved and certified by the Department. This class of seed shall be of a quality suitable for the production of certified seed.

Certified seed is the progeny of foundation or registered seed that is so handled as to maintain genetic identity and purity and that has been approved and certified by the Department.

(b) The Department may permit a grower to grow certified seed from lots of foundation, registered or certified seed which were fully inspected but rejected for certification because of factors such as germination or weed contamination which do not involve genetic identity and purity of germ plasm.

(c) In cases where seed planted for the production of foundation, registered or certified seed is obtained from another person, documentary evidence, such as the certification tags, the number of bushels planted, the invoice or sales record, and any other data shall be submitted to the Department to establish the source of seed.

N.J. Admin. Code § 2:16-2.5 Limitation of generations

(a) The number of generations through which a variety may be multiplied shall be limited to that specified by the originating breeder or owner of the variety, and shall not exceed two generations beyond the foundation seed class with the following exceptions:

Recertification of the certified class shall be permitted for older varieties where foundation seed is not maintained.
The production of an additional generation of the certified class only shall be permitted on a one-year basis, when an emergency is declared prior to the planting season by the Department stating that the foundation and registered seed supplies are not adequate to plant the needed certified acreage of the variety. The permission of the originating or sponsoring plant breeder, institution, firm or owner of the variety, if existent, shall be obtained. The additional generation of certified seed to meet the emergency need is ineligible for recertification.

N.J. Admin. Code § 2:16-2.6 Definitions

The following words and terms, when used in this chapter shall have the following meanings unless the context clearly indicates otherwise. The following definitions apply to all crops:

"Association of Official Seed Certifying Agencies" is the national association of certifying agencies.

"Certifying agency" means an agency authorized under the laws of a state, territory or possession to officially certify seed and which has standards approved by the United States Secretary of Agriculture to assure the genetic purity and identity of the seed certified.

"Component" means a specific lot of a single variety that is used in a mixture.

"Conditioner" means any person or organization who has requested the Department to collect samples, perform tests, and make inspections in order to have seed labeled as certified or interagency certified.

"Conditioning" means the mechanical handling of the seed from harvest until marketing, and includes cleaning, sizing, applying a seed treatment, bagging or any other operation in the handling of the seed before marketing.

"Contaminant" means any seed or plant not of the kind or variety being considered.

"Department" means the New Jersey Department of Agriculture, Seed Certification and Control Program.

"Grower" means any person or organization who applies for the inspection of a crop entered for certification, produces the crop in accordance with the certification regulations for that crop, and who accepts the responsibility for the production and management of the seed crop as well as all related financial obligations.

"Interagency certified mixture" or "mixture" means different kinds or varieties of seed certified by the state of origin that have been:

Mixed under the Department's supervision (see N.J.A.C. 2:16-3.1 1); and
Found by the Department to have met the specific minimum seed standards set forth in this chapter.

"Kind" means one or more related species which singularly or collectively is known by one common name.

"Lot" means a definite quantity of seed identified by a lot number, each portion or bag of which is uniform within recognized tolerance for the factor appearing in the labeling.

"Mixing Report" means a form used by the Department to list each component of a specific mixture and the lots and amounts used in the mixture.

"Noxious weeds" means the list of weeds found and defined in the Rules of the New Jersey State Seed Law at N.J.A.C. 2:21, Noxious Weed Seeds, pursuant to N.J.S.A. 4:8-17.24, and include:

"Prohibited noxious weeds": bindweed, hedge bindweed, quackgrass, Canada thistle, and horsenettle.
"Restricted noxious weeds": dodder, corn cockle, wild onion, wild garlic, cheat, Bermuda grass, and Johnsongrass and other perennial sweet sorghum spp.

"Official sample" means a sample taken by a representative of the Department using sampling techniques recognized by the Association of Official Seed Certifying Agencies.

"Off-type" means plants or seeds which do not conform to the description of the characteristics of the variety as supplied by the breeder or sponsoring institutions or organizations.

"Other varieties" means plants and seed of the same kind that can be differentiated from the variety that is being certified, but shall not include variations which are characteristic of the variety as described by the breeder or which are caused by environmental conditions.

"Plant breeder" means a person or organization actively engaged in the breeding or maintenance of varieties of plants.

"Protected variety" means one for which the breeder or sponsoring organization has filed application with the United States Plant Variety Protection Office.

"Roguing" means the pulling out or otherwise removing unwanted plants or weeds from a field planted for seed.

"Seed" as used in these rules and standards shall be understood to include all propagating materials.

"Sod quality" means seed which has met the quality standards established by the state of origin for use in cultivated sod and has been so labeled by the state of origin.

"Variant" means seeds or plants which are distinct within the variety but occur naturally in the variety, are stable and predictable, and were originally a part of the variety as released. They are not considered as off-types.

"Variety" or "Cultivar" means an assemblage of cultivated individuals which are distinguished by any characters (morphological, cytological, chemical, or others) significant for the purpose of agriculture, forestry or horticulture and which, when reproduced (sexually or asexually) or reconstituted, retain their distinguishing features.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-2.7 Eligibility requirements for certification of crop varieties

(a) All varieties that are approved by the Department are eligible for certification.

(b) All varieties that are certified by any other agency which is a member of, or recognized by, the Association of Official Seed Certifying Agencies may be considered for certification at the request of a grower.

(c) For varieties not approved by other certifying agencies, the breeder or sponsoring institution or organization shall describe and document in the application for certification submitted to the Department those characteristics of the variety which give it distinctness and merit by supplying the following information.

The name of the variety;
A statement concerning the variety's origin and the breeding procedure used in its development;
A detailed description of the morphological, physiological and other characteristics of the plants and seed that distinguish it from other varieties;
Evidence supporting the identity of the variety, such as comparative yield data, insect and disease resistance, or other factors supporting the identity of the variety;
A statement delineating the geographic area or areas of adaptation of the variety;
A statement of the plans and procedures for the maintenance of seed classes, including the number of generations through which the variety may be multiplied;
A description of the manner in which the variety is constituted when a particular cycle of reproduction or multiplication is specified;
Any additional restrictions on the variety specified by the breeder with respect to geographic area of seed production, age of stand or other factors affecting genetic purity; and
A sample of the variety as marked.

(d) The information required in (c) above shall be submitted to the Department for consideration. Upon the approval of the Department, the variety shall be accepted for certification.

(e) At the time a variety is accepted for certification, a sample of seed of the generation or generations requested by the Department shall be submitted by the sponsor. These samples shall be retained to provide appropriate control samples against which all future releases of stock seed will be tested to establish varietal characteristics.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-2.8 Qualification for inspectors

Inspection work shall be performed only by persons who have been trained and approved by the Department.

N.J. Admin. Code § 2:16-2.9 Handling crop prior to inspection; field boundaries

(a) Roguing of off-type plants, objectionable crop plants and weeds whose seed are inseparable is required prior to field inspection.

(b) Field boundaries shall also be designated prior to field inspection.

N.J. Admin. Code § 2:16-2.10 Restriction on number of varieties

Only one variety of the same crop shall be grown for seed production on a farm except upon prior approval of the Department.

N.J. Admin. Code § 2:16-2.11 Harvested fields ineligible for certification

If a field is harvested before inspection, that crop automatically becomes ineligible for certification.

N.J. Admin. Code § 2:16-2.12 Seed house or bin inspection of seed

One or more inspections of harvested lots of seed from inspected fields shall be made at any time by representatives of the Department who shall have the authority to reject from certification any lot not protected from mixture or which is not identified.

N.J. Admin. Code § 2:16-2.13 Seed testing results basis for certification

(a) Analyses and tests of official samples of seed and definitions of analytical terms shall be in accordance with the Rules for Testing Seed of the Association of Official Seed Analysts. A copy of these rules is on file at the office of the Seed Certification and Control Program, Division of Plant Industry, New Jersey Department of Agriculture, PO Box 330, Trenton, NJ 08625-0330.

(b) The seed analyses from the official laboratory of the Seed Certification and Control Program shall be the basis for certification.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Amended by R.2000 d.440, effective 11/6/2000.
See: 32 New Jersey Register 2973(a), 32 New Jersey Register 3973(a).

N.J. Admin. Code § 2:16-2.14 Tags, seals, and bags for seed stocks

(a) All stocks when sold as certified seed shall have an official tag properly affixed, according to the type of tag, to each container. Sealing requirements will depend upon the crop and methods of handling.

(b) Tags shall identify the certifying agency, show a lot number, the variety name, and the kind and class of seed.

(c) The certification label or tag which is attached to the bag serves as evidence of the genetic identity and purity of the seed contained therein.

A blue tag shall be used to designate certified class seed.

A purple tag shall be used for registered class seed.
A white tag shall be used for foundation class seed and breeders seed.

(d) All official certification tags and seals shall be affixed to seed containers under the supervision of, or by a representative of the Department.

(e) All certified classes of seed shall be packaged in new bags approved by the Department.

N.J. Admin. Code § 2:16-2.15 Substandard seed in emergencies

(a) The Department recognizes that in an emergency, such as unfavorable weather conditions, seed necessary for the production of a crop could be lost if regular certification standards were strictly enforced. Therefore, under such circumstances, seed failing to meet certification standards other than those affecting genetic purity may be certified, provided there is no injury to the reputation of certified seed.

(b) The certification tags or labels attached to such seed in (a) above shall show clearly the respects in which the seed does not meet the regular certification standards.

N.J. Admin. Code § 2:16-2.16 Seed or crop appearance

Seed, sod and propagating material, having met the specific field and laboratory analysis requirements can still be rejected from certification if the appearance is such as to give discredit to the certification program, for example, discoloration or non-uniformity.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-2.17 Contaminating crops and weeds shall be controlled

Every field for which certification is requested shall show that precaution has been taken to control contaminating crops, varieties, noxious weeds, and other plants whose seeds are indistinguishable or inseparable with available cleaning equipment from seed of the particular crop being inspected.

N.J. Admin. Code § 2:16-2.18 Difficulty of inspection may cause certification rejection

Fields with excessive lodging or other conditions which make it difficult to perform complete and thorough field inspections may be rejected from certification.

N.J. Admin. Code § 2:16-2.19 Seed treatment

If certified seed is treated with a pesticide, or if treatment is required to meet certification germination standards, the substances used shall be those registered for seed treatment use by the New Jersey Department of Environmental Protection under the Pesticide Control Code, N.J.A.C. 7:30.

N.J. Admin. Code § 2:16-2.20 Precautions taken to control seed-borne diseases

(a) Every field for which certification is requested shall show evidence that precaution has been taken to control seed-borne diseases.

(b) The field at the time of inspection shall not contain seed-borne diseases beyond the tolerances established in the field standards for the individual crops.

(c) The representative sample of the finished seed lot, at the discretion of the Department, may be subjected to laboratory examination for disease.

N.J. Admin. Code § 2:16-2.21 Complying with Federal and State seed laws

The grower or conditioner who makes the initial sale of the finished lot of certified seed shall be responsible for complying with all seed laws and any other applicable laws of the states to which he ships the seed and the Federal Seed Act (7 U.S.C. 1551 - 1611) if he ships the seed interstate.

N.J. Admin. Code § 2:16-2.22 Failure to comply with the certification rules

(a) A grower willfully failing to comply with the certification rules covering the production of New Jersey certified products may forfeit the right to produce certified products in the future.

(b) In cases of forfeiture as mentioned in (a) above, the grower may file a notice of appeal with the New Jersey Secretary of Agriculture. The Secretary may hold hearings upon the violation pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Rules of Practice, N.J.A.C. N.J.S.A. 1:1-1.

N.J. Admin. Code § 2:16-2.23 Application for certification

(a) Certification application forms may be obtained from the Seed Certification and Control Program of the New Jersey Department of Agriculture, PO Box 330, Trenton, New Jersey 08625-0330.

(b) Separate application forms shall be filed for each class of a particular variety and crop.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Amended by R.2000 d.440, effective 11/6/2000.
See: 32 New Jersey Register 2973(a), 32 New Jersey Register 3973(a).

N.J. Admin. Code § 2:16-2.24 Dates for filing application

Dates of application for participation in the certification programs shall be those found in the standards for the kind of crop to be certified.

N.J. Admin. Code § 2:16-2.25 Maps of farms

To facilitate the work of the Department, maps giving field location, isolation distances and any other important facts that would be helpful to the inspector shall accompany the application.

N.J. Admin. Code § 2:16-2.26 General requirements for seed conditioners

(a) Only commercial or custom seed conditioning plants approved by the Department are eligible to condition certified seed.

(b) All conditioning plants shall have the equipment and facilities necessary to perform the cleaning or mixing operations requested without introducing admixtures or contaminants.

(c) All conditioners of certified seed shall request an inspection of the cleaning equipment when changing from one variety to another.

(d) Minimum equipment shall include a cleaner with self-cleaning screens, and facilities for cleaning elevator legs, boots and other parts coming into direct contact with the seed.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-2.27 Transfer of uncleaned seed

(a) Provision has been made for the transfer of uncleaned seed in bulk for certification if necessary, provided the following procedures are used:

It is the responsibility of the grower to notify the Department to be at the grower's farm before or at the time the seed is to be moved from the farm.

The grower shall supply the Department with the name of the purchaser, the exact amount of seed and the date of delivery to the purchaser.

The purchaser shall notify the Department when he expects to receive the seed into his warehouse so the Department inspector can be on hand to inspect the seed as it is received.
The purchaser shall supply a copy of the official weight receiving form and a report of the cleaning waste weight.
The seed shall be tagged by the Department inspector or under his or her supervision when certification is completed. Analysis tags shall include the producer's number. Seed shall be identified with the producer at all times.

(b) The rules regarding seed moved in bulk apply to the first buyer only. No further transfer in bulk is permitted. If the first buyer does not complete certification, the seed becomes ineligible for certification.

N.J. Admin. Code § 2:16-2.28 Reinspection of carry-over seed; one-year limitation

(a) In order to maintain its certified status, certified seed that is carried over from the previous year shall be resampled and tested for germination by the Department. The germination test results shall meet the minimum requirements for the kind of seed in question.

(b) For carry over seed meeting the above requirements, a new analysis tag shall be affixed.

N.J. Admin. Code § 2:16-2.29 Grower's or vendor's guarantee

The grower or vendor guarantees to the first buyer that the seed to which the certification tag is attached is a part of the lot of seed designated on the analysis tag, and inspected in the field by a representative of the Department and found to conform to the standards published in this chapter.

N.J. Admin. Code § 2:16-2.30 Reserved

History

Repealed by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Section was "Certification fees".

Subchapter 3 INTERAGENCY TURFGRASS CERTIFICATION

N.J. Admin. Code § 2:16-3.1 Application and amplification of general certification standards

The rules contained in this subchapter supplement the general certification seed standards N.J.A.C. 2:16-2, established by the State Board of Agriculture, and apply specifically to the interagency certification of seed.

N.J. Admin. Code § 2:16-3.2 Purpose

(a) The purpose of interagency certification is to provide a system for maintaining the genetic and mechanical purity of certified seed when repackaged or combined in mixtures of kinds or varieties.

(b) The requirements of this subchapter apply when the Department participates with an out-of-State certification agency in the seed certification process.

N.J. Admin. Code § 2:16-3.3 Interagency standards and procedures

(a) Varieties eligible for interagency certification shall be those approved by a member of the Association of Official Seed Certifying Agencies.

(b) Only seed certified by member agencies of the Association of Official Seed Certifying Agencies or agencies recognized by it may be used in the interagency certification program.

(c) The seed certification standards as adopted by the New Jersey Department of Agriculture for the kinds to be certified shall be applied to interagency certified seed. These standards are found in the subchapters of this chapter which relate to the kind of seed in question. In the absence of New Jersey standards, the seed standards of the state in which the seed was grown and certified shall be applied.

(d) Seed shall not be recognized for final certification by the Department unless it is received in containers carrying documentary evidence of its eligibility supplied by another certifying agency, including:

Variety and kind;
Amount of seed;
Class of seed; and
Inspection or lot number traceable to the previous certifying agency's records.

History

Recodified from N.J.A.C. 2:16-3.4 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Former N.J.A.C. 2:16-3.3, "Definitions", repealed.

N.J. Admin. Code § 2:16-3.4 Prior approval of cooperating certification agencies not required

The Department shall not require advance approval of another certifying agency to engage in interagency certification activities unless the original certifying agency prohibits or limits such certification by a statement on its tag.

History

Recodified from N.J.A.C. 2:16-3.5 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-3.5 Conditioners' application and requirements for certification

(a) Conditioners desiring interagency certification of seed shall apply annually to the New Jersey Department of Agriculture and shall meet the requirements of this subchapter.

(b) Conditioners shall notify the Department far enough in advance of the date of mixing to allow for sampling and testing of component lots by the Department.

History

Recodified from N.J.A.C. 2:16-3.6 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-3.6 Conditioners' facilities

(a) Facilities shall be available to perform the function requested without introducing contaminants or admixtures.

(b) Equipment used for making mixtures of turfgrasses shall have all areas which come into direct contact with the seed accessible for thorough cleaning by the conditioner and inspection by the Department.

History

Recodified from N.J.A.C. 2:16-3.7 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-3.7 Conditioners required records

(a) Records of all movement of seed and procedures shall be adequate to account for all incoming and finally certified seed. The records to be included are:

Receiving records of:

i. The variety and kind;

ii. The name and address of shipper;

iii. The shipper's lot number or inspection number;

iv. The date of shipment;

v. The date received;

vi. The weight received;

vii. The receiving lot number assigned by consignee; and

viii. The name and address of delivering carrier.

Record of mixing or rebagging, which shall include:

i. The variety and kind of each component;

ii. The lot number of each component;

iii. The lot number and name assigned to each mixture;

iv. The weight of each bag and number of bags used of each component;

v. The weight of each bag and number of bags in completed lot; and

vi. The date of mixing or rebagging.

Invoice or other sales record, which shall include:

i. The name of mixture and lot number;

ii. The name and address of the buyer or consignee;

iii. The date sold or shipped; and

iv. The number of bags and weight of bags sold or shipped.

(b) Conditioners shall permit inspection by the Department of all records of all lots of the kind of seed certified, including both certified and non-certified lots.

History

Recodified from N.J.A.C. 2:16-3.8 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-3.8 Inspection of conditioning operations and records

The New Jersey Department of Agriculture shall make as many inspections of both seed and records as may be required to ascertain that only seed meeting the requirements of this subchapter is labeled with interagency certification tags.

History

Recodified from N.J.A.C. 2:16-3.9 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-3.9 Appointment of responsible individual

Approved conditioners who have met the requirements in N.J.A.C. 2:16-3.6 through 3.8 shall designate an individual who shall be responsible to the New Jersey Department of Agriculture for performing such duties as may be required.

History

Recodified from N.J.A.C. 2:16-3.10 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-3.10 Sampling and testing by the Department

(a) When mixing lots of seed for certification, the conditioner shall use only lots of seed pre-approved by the Department. Before approving of a lot, the Department shall:

Take an official sample of each component; and
Perform tests necessary to verify the eligibility of each component lot.

(b) After the different components have been mixed under the supervision of the Department, the conditioner shall permit the Department to take an official sample of each mixture to retain for reference.

(c) Samples of component lots to be certified as well as samples of finally certified lots shall be retained by the Department for three years.

History

Recodified from N.J.A.C. 2:16-3.11 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-3.11 Mixing procedures for certified turfgrass

(a) Before mixing, the conditioner shall ensure that:

All mixing equipment, pallets, scales and floor areas adjacent to and around the mixing area are clean and free from seed and foreign material.

Sufficient quantities of new containers are marked with the name of the mixture.
Sufficient quantities of properly completed analysis tags are prepared.
Analysis test reports for purity, germination, and sod quality, if applicable, from the state of origin shall be supplied for the Department's records for each lot of each component used in the mixture.
A mixing report shall be completed for the Department with the following information:

i. The business name, address and phone number of the conditioner;

ii. The lot number, state of origin and percentage of each component used;

iii. The name, lot number and date of the mixture;

iv. The weight of each package of the mixture and the total number of packages in the mixture;

v. The starting and ending numbers of the certification labels used and the total number of certification labels issued;

vi. A copy of the analysis label either printed on or attached to the report; and

vii. The signature of the designated representative of the conditioner and the signature of the Department's representative at the completion of the mixing and packaging process.

Each container of each component is cleaned and sealed, with a certification tag attached and assembled in close proximity to the mixing area.

(b) Before mixing the Department representative shall:

Inspect all equipment for cleanliness;
Inspect the new containers provided for the mixture to ensure that they are appropriate;
Inspect the analysis tags for completeness and accuracy; and
Inspect each component to ensure that the correct lots are present in the proper amounts, and that all containers of seed to be used in certified mixtures bear a certification tag.

(d) The Department representative shall have the sole responsibility to:

Draw an official sample of the completed mixture; and
Determine the extent to which the mixer should be cleaned before the next seed mixture is made.

History

Recodified from N.J.A.C. 2:16-3.12 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-3.12 Minimum seed standards for Interagency Certification of turfgrass seed

(a) For turfgrass mixtures intended for use in New Jersey certified sod, the following shall apply:

Component lots shall be those designated as Sod Quality by the state of origin; the minimum seed standards for the components shall be those found in N.J.A.C. 2:16 7.16(a).
Varieties and mixtures of varieties shall be approved by Cook College, Rutgers, the State University as stated in N.J.A.C. 2:16-7.1 5(a).
It is the responsibility of the conditioner to inform the Department that the mixture is to comply with the New Jersey certified sod standards.

The seed analysis tag shall bear the statement "Eligible for New Jersey Certified Sod."

(b) For certified mixtures made for sod growers, other than those in (a) above, the components used shall be sod quality.

| Max. | Max. n1 | | | | | | --- | --- | --- | --- | --- | --- | | Min. | Oth . | Min. | Other | Max. | | | Kind | Pur. | Var. | Germ | Crop | weed | | Kentucky Bluegrass | 96% | 2% | 80% | .25% | .2% | | Red Fescues | 97% | 2% | 85% | .25% | .2% | | (F. rubra vars.) | | | | | | | Hard Fescues | 97% | 2% | 85% | .25% | .2% | | Tall Fescue | 97% | 2% | 85% | .25% | .2% | | Perennial Ryegrass | 97% | 2% | 85% | .50% | .2% | | Bentgrass | 96% | 3% | 80% | .25% | .2% | | Rough Bluegrass | 96% | 2% | 80% | .25% | .2% | | n1 Up to 18 seeds per pound is the maximum amount of the | | | | | | | following species: | | | | | | | Annual bluegrass (Poa annua), big bluegrass (Poa ampla), Rough | | | | | | | bluegrass (Poa trivialis), Meadow fescue (Festuca elatior), Tall | | | | | | | fescue (F. arundinacea), Ryegrass Lolium spp.), Bentgrass | | | | | | | (Agrostis spp.), Timothy (Phleum pratense), Smooth Brome (Bromus | | | | | | | incrmis), Wild oat (Avena fatua) Foxtail (Setaria spp.), Panicum | | | | | | | spp., Nutsedge (Cyperus spp.), Bermudagrass (Cynodon dactylon), | | | | | | | Velvetgrass (Holcus lanatus). | | | | | | | Up to 90 seeds per pound is the maximum amount permitted of the | | | | | | | following objectionable weed seeds: Dock and Sorrel (Rumex spp.), | | | | | | | Plantain (Plantago spp.), Black medic (Medicago lupulina), | | | | | | | Chickweeds (Cerastium spp. and Stellaria spp.), Field Pennycress | | | | | | | (Thlaspi arvense), Wild carrot (Daucus carota), Speedwell | | | | | | | (Veronica spp.), Spurge (Euphorbia spp.), Wood sorrel (Oxalis | | | | | | | stricta), Yarrow (Achillea millefolium), Clover (Trifolium spp.) | | | | | |

(d) In an emergency, and at the discretion of the Department, seed lots failing to meet these standards for other than genetic reasons may be used for interagency certified mixtures. Use of such lots shall be made only when the Department determines that there exists a serious shortage of seed meeting these standards.

History

Recodified from N.J.A.C. 2:16-3.13 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-3.13 Interagency certification tags and tagging

(a) Certification tags issued by the Department for interagency certified seed shall be serially numbered and shall show the class of seed.

(b) The analysis tags supplied by the conditioner shall carry the name of the mixture and the number of the lot, shall show clearly the certifying agencies involved and the kinds and varieties of seed, as well as conform to the labeling requirements of the New Jersey State Seed Law as found at N.J.S.A. 4:8-17.13 et seq.

History

Recodified from N.J.A.C. 2:16-3.14 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-3.14 Rejection of interagency certification component seed lots

(a) The Department shall reject any certified component seed lot for interagency certification that fails to meet the seed standards, or exhibits seed damage, or contamination which may affect the performance or quality of the seeds.

History

Recodified from N.J.A.C. 2:16-3.15 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-3.15 Reserved

History

Recodified by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Text of section, "Rejection of interagency certification component seed lots", recodified as N.J.A.C. 2:16-3.14.

N.J. Admin. Code § 2:16-3.16 Charges for interagency certification

Charges for interagency certification services of the Department are found at N.J.A.C. 2:16-9.4.

Subchapter 7 TURFGRASS SOD

N.J. Admin. Code § 2:16-7.1 Application and amplification of general standards

The rules in this subchapter supplement the general certification standards found at N.J.A.C. 2:16-2, and are applicable to all species of turfgrass sod that are eligible for certification. They shall constitute the standards for certification of sod in New Jersey.

N.J. Admin. Code § 2:16-7.2 Eligibility requirements for certification

(a) Only those species, varieties and mixtures that are approved by the Turfgrass Extension Specialist, Cook College, Rutgers, the State University shall be eligible for certification.

(b) A list of eligible species, varieties and mixtures for sod produced from seed shall be established and maintained by the Turfgrass Extension Specialist and shall be revised as needed to include newly approved varieties.

(c) The list in (b) above shall be available from the Seed Certification and Control Program of the New Jersey Department of Agriculture, PO Box 330, Trenton, NJ 08625-0330.

History

Recodified from N.J.A.C. 2:16-7.4 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Former N.J.A.C. 2:16-7.2, "Type of certifying organization", repealed.
Amended by R.2000 d.440, effective 11/6/2000.
See: 32 New Jersey Register 2973(a), 32 New Jersey Register 3973(a).

N.J. Admin. Code § 2:16-7.3 Sources of certified turfgrass sod

(a) The only recognized class of certified sod shall be Certified (Blue tag). Seed or other propagating material used for the establishment of certified turfgrass sod shall be in accordance with the following specified sources.

(b) For turfgrass sod established from seed, certified shall be the progeny of sod quality foundation, registered or certified seed lots that have been approved by the Department and that have been so handled by the sod grower as to maintain genetic identity and purity.

(c) For turfgrass sod established from vegetative material, certified shall be the progeny of foundation or registered stock that has been approved and certified by the Department and that has been so handled by the sod grower as to maintain genetic identity and purity. Certified shall be the progeny of certified stock only after approval has been granted by the Turfgrass Extension Specialist of Cook College and the Seed Certification and Control Program.

History

Recodified from N.J.A.C. 2:16-7.5 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Former N.J.A.C. 2:16-7.3, "Purpose of certification", repealed.

N.J. Admin. Code § 2:16-7.4 Establishing the source of seed or propagating material

In those cases where the seed or propagating material planted for production of certified sod is obtained from another person, documentary evidence, such as a certification tag, sales record, and other written memoranda shall be submitted to the Department to establish the source.

History

Recodified from N.J.A.C. 2:16-7.6 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-7.5 Labels for certified stock; evidence of identity

(a) All stocks, when sold as certified, shall have an official certification tag properly affixed to the invoices.

(b) The certification label which is attached serves as evidence of the genetic identity and purity contained therein. The blue label will be used to designate certified.

History

Recodified from N.J.A.C. 2:16-7.10 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-7.6 Pest control required

(a) Every field within the certifying program shall be maintained free of diseases, plant parasitic nematodes and other pests.

(b) Fields to qualify for certification shall be free from injurious turfgrass insects.

History

Recodified from N.J.A.C. 2:16-7.13 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-7.7 Complying with Federal and State laws

Responsibility for any obligations, other than those concerned with certification, arising from the sale or shipment of sod which has been certified, rests with the grower or subsequent handler making the sale or shipment.

History

Recodified from N.J.A.C. 2:16-7.14 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Former N.J.A.C. 2:16-7.7, "Qualifications for inspectors", repealed.

N.J. Admin. Code § 2:16-7.8 Dates for filing application

Applications shall be filed at the office of the certifying agency no later than March 1, and should be filed as far in advance of the deadline as possible.

History

Recodified from N.J.A.C. 2:16-7.16 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Former N.J.A.C. 2:16-7.8, "Handling of crop prior to inspection", repealed.

N.J. Admin. Code § 2:16-7.9 Maps of production areas

To facilitate the work of the Department, it is suggested that maps accompany the application form giving field locations, isolation distances and any other important facts that would be helpful to the inspector.

History

Recodified from N.J.A.C. 2:16-7.17 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Former N.J.A.C. 2:16-7.9, "Harvesting shall prevent certification", repealed.

N.J. Admin. Code § 2:16-7.10 Land requirements

(a) A field to be eligible for the production of certified sod shall have been inspected prior to planting and found free of all other perennial grasses.

(b) In all cases, a field found eligible for the production of certified sod shall be free of injurious insects, unacceptable weeds as found in N.J.A.C. 2:16-7.1 3, and volunteer plants of other varieties or species of turfgrass.

History

Recodified from N.J.A.C. 2:16-7.18 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-7.11 Sod inspections

(a) Inspections during the growing season shall be made by the Department for genetic purity and identity, the presence of other perennial grasses, noxious, unacceptable and other objectionable weeds as found in N.J.A.C. 2:16-7.1 3, and insects and diseases.

(b) After fields have met the requirements for certification, inspection by the Department at approximately monthly intervals shall be made to maintain certification eligibility. Certification shall be withdrawn any time the quality of the sod is found not to meet the standards in N.J.A.C. 2:16-7.1 3 and 7.22.

(c) To be sold as certified, all sod shall be field inspected by the Department within 30 days of the date of harvest, and found to meet the field standards listed in this subchapter.

History

Recodified from N.J.A.C. 2:16-7.19 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Former N.J.A.C. 2:16-7.11, "Appearance of sod", repealed.

N.J. Admin. Code § 2:16-7.12 Field standards; general requirements

(a) A field or blocks within a field shall be considered the unit for certification. If for any reason sections of a field do not meet certification requirements, the portion or portions of the field meeting certification requirements may be certified.

(b) A field or block of sod to be eligible for certification shall be isolated from adjacent fields with a 10-foot barrier. The barrier shall be fallowed or seeded to the same variety of the turfgrass species considered for certification in order to prevent contamination of grasses at the margins.

(c) No animal manures or other contaminating material shall be applied two years preceding or during the establishment and production of the stand.

History

Recodified from N.J.A.C. 2:16-7.20 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Former N.J.A.C. 2:16-7.12, "Contaminating crops and weeds", repealed.

N.J. Admin. Code § 2:16-7.13 Specific field standards and requirements

(a) The production of certified sod shall be limited to fields having stands not more than three years old from date of planting.

(b) Maximum field tolerance standards for other varieties or off-type plants of the same species, other turfgrass species, and other crops and weeds when recognizable are as indicated in the following table.

| Factor | Kentuck | Hard | Kentucky | Bent- | Zoysia | Kentucky | | | --- | --- | --- | --- | --- | --- | --- | --- | | | y Blue- | and | Blue- | grass | Blue- | | | | | grass | Red | grass Red | grass Tall | | | | | | Fescues | Fescue | Fescue | | | | | | | Mixture | Mixture | | | | | | | Other turfgrasses n1 --(Percent of total turfgrass population) | | | | | | | | | 1. | Kentucky bluegrass | 3 | 1 | 3 | 1 | 1 | 3 | | 2. | Red fescue | 1 | 3 | 3 | 1 | 1 | 1 | | 3. | Poa trivalis | 0 | 0 | 0 | 0 | 0 | 0 | | 4. | Bentgrass | 0 | 0 | 0 | 2 | 0 | 0 | | 5. | Tall fescue | 0 | 0 | 0 | 0 | 0 | 0 | | 6. | Ryegrass | 0 | 0 | 0 | 0 | 0 | 0 | | 7. | Zoysia | 0 | 0 | 0 | 0 | 0 | 0 | | 8. | Bermudagrass | 0 | 0 | 0 | 0 | 0 | 0 | | Other crops | 0 | 0 | 0 | 0 | 0 | 0 | | | Weeds--(Plants per | | | | | | | | | 1,000 square feet of | | | | | | | | | sod area) | | | | | | | | | Unacceptable n2 | 0 | 0 | 0 | 0 | 0 | 0 | | | Objectionable n3 | 2 | 2 | 2 | 2 | 2 | 2 | |

| n1 Other turfgrasses shall include: | | --- | | (1) Varieties or off-type plants of the same species being | | inspected for certification. | | (2) Species of turfgrasses other than the one being inspected | | for certification. | | n2 Unacceptable weeds shall include primary and secondary noxious weeds in | | accordance with the provisions of the New Jersey State Seed Law and other | | weeds difficult to control selectively through cultural or chemical methods. | | Noxious weeds specified by the New Jersey State Seed Law include: | | bindweed (Convolvulus arvesis), hedge bindweed (Convolvulus | | spium), quackgrass (Agropyron repens), Canada thistle (Cirsium | | arvense) and horse nettle (Solanum carolinense) as primary, and | | dodder (Cuscuta spp.), corn cockle (Agrostemma githago), wild | | garlic (Allium canadense), cheat (Bromus secalinus), and | | Bermudagrass (Cynodon dactylon) as secondary. | | Other unacceptable weeds shall include: | | nutgrass (Cyperus esculentus), goosegrass (Eleusine indica), | | annual bluegrass (Poa annua), and any other variety or species | | of perennial grass. | | n3 Objectionable weeds shall include: | | Crabgrass (Digitaria spp.), dandelion (Taraxacum officinale), | | plantain (Plantago spp.), sheep sorrel (Rumex acetosella), wood | | sorrel (Oxalis europeaea), ground ivy (Glechoma hederacea), | | yarrow (Achillea millefolium), annual chickweed (Stellaria | | media), mouse-ear chickweed (Cerastium vulgatum), field | | chickweed (Cerastium arvense), speedwell (Veronica spp.), spurge | | (Euphorbia spp.), knotweed (Polygonum oleracea), heal-all | | (Prunella vulgaris), knawel (Scleranthus annuus), black medic | | (Medicago iupulina), white clover (Trifolium repens L.) and any | | other broadleaf or grassy weed which may detract from sod | | quality. |

History

Recodified from N.J.A.C. 2:16-7.21 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-7.14 Sod quality

(a) The marketable product shall be of uniform density, color and texture.

(b) Certified sod shall be free of thatch, insect, disease, nematode or weed problems.

History

Recodified from N.J.A.C. 2:16-7.22 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-7.15 Seed requirements for New Jersey certified sod production

(a) All species, varieties and mixtures of varieties to be used for New Jersey certified sod shall be those approved by Cook College, Rutgers, the State University as stated in N.J.A.C. 2:16-7.2.

(b) All lots of seed used in the production of New Jersey certified sod shall be approved by the Department. The grower shall submit to the Department the following:

An official seed analysis report from the state of origin including an examination for sod quality; and
All labeling information including the lot number and the number of pounds involved.

(c) For sod seeded from single, unmixed kinds and varieties, the seed shall be certified, designated as Sod Quality by the state of origin, meet the minimum seed standards found in N.J.A.C. 2:16-7.1 6 and shall comply with the sod mixture eligibility requirements at N.J.A.C. 2:17-7.2(b).

(d) For sod produced from mixtures of species or varieties, the component seed lots shall be certified, designated as Sod Quality by the state of origin and shall meet the minimum seed standards found in N.J.A.C. 2:16-7.1 6, and the mixtures shall be certified using the procedures and standards found at N.J.A.C. 2:16-3.

History

Recodified from N.J.A.C. 2:16-7.23 and amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).
Former N.J.A.C. 2:16-7.15, "Application for certification", repealed.

N.J. Admin. Code § 2:16-7.16 Seed standards for sod quality grass seed

(a) The seed standards for sod quality grass seed are as follows:

| Variety | Minimum | Minimum | Maximum n1 | Maximum n3 | | --- | --- | --- | --- | --- | | Purity | Germination | Other Crop | Weed | | | Kentucky Bluegrass | 97% | 80% | 0.1% n2 | 0.02% | | Red Fescue | 98% | 90% | 0.1% | 0.02% | | Chewings Fescue | 98% | 90% | 0.1% | 0.02% | | Hard Fescue | 98% | 90% | 0.1% | 0.02% | | Tall Fescue | 98% | 90% | 0.1% | 0.02% | | Perennial Ryegrass | 98% | 90% | 0.1% | 0.02% | | n1 Must be free of ryegrass (except for lots containing ryegrass as a | | | | | | component), orchardgrass, timothy, bentgrass, big bluegrass, Poa trivalis, | | | | | | smooth bromegrass, reed canary grass, tall fescue (except for lots containing | | | | | | tall fescue as a component) and clover. Canada Bluegrass in Kentucky | | | | | | Bluegrass varieties, maximum 0.02 percent. Red Fescue and Chewings Fescue | | | | | | must be free of Canada Bluegrass. | | | | | | n2 Other Kentucky Bluegrass--Maximum 2 percent. | | | | | | n3 Must be free of dock, chickweed, crabgrass, plantain, black medic, annual | | | | | | bluegrass, velvetgrass and noxious weed seeds. | | | | |

History

Recodified from N.J.A.C. 2:16-7.24 by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-7.17 Reserved

History

Recodified by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043, 28 New Jersey Register 257(a).
Text of section, "Maps of production areas", recodified as N.J.A.C. 2:16-7.9.

N.J. Admin. Code § 2:16-7.18 Reserved

History

Recodified by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043, 28 New Jersey Register 257(a).
Text of section, "Land requirements", recodified as N.J.A.C. 2:16-7.10.

N.J. Admin. Code § 2:16-7.19 Reserved

History

Recodified by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043, 28 New Jersey Register 257(a).
Text of section, "Sod inspections", recodified as N.J.A.C. 2:16-7.11.

N.J. Admin. Code § 2:16-7.20 Reserved

History

Recodified by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043, 28 New Jersey Register 257(a).
Text of section, "Field standards; general requirements", recodified as N.J.A.C. 2:16-7.12.

N.J. Admin. Code § 2:16-7.21 Reserved

History

Recodified by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043, 28 New Jersey Register 257(a).
Text of section, "Specific field standards and requirements", recodified as N.J.A.C. 2:16-7.13.

N.J. Admin. Code § 2:16-7.22 Reserved

History

Recodified by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043, 28 New Jersey Register 257(a).
Text of section, "Sod quality", recodified as N.J.A.C. 2:16-7.14.

N.J. Admin. Code § 2:16-7.23 Reserved

History

Recodified by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043, 28 New Jersey Register 257(a).
Text of section, "Seed requirements for New Jersey certified sod production", recodified as N.J.A.C. 2:16-7.15.

N.J. Admin. Code § 2:16-7.24 Reserved

History

Recodified by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043, 28 New Jersey Register 257(a).
Text of section, "Seed standards for sod quality grass seed", recodified as N.J.A.C. 2:16-7.16.

Subchapter 8 VEGETATIVELY PROPAGATED GRASSES

N.J. Admin. Code § 2:16-8.1 Application and amplification of general certification standards

(a) Rules in this subchapter supplement the general certification seed standards at N.J.A.C. 2:16-2, established by the State Board of Agriculture and apply specifically to vegetatively propagated grasses.

(b) The following terms apply specifically to vegetatively propagated grasses:

Breeder culms, are those produced by the U.S.D.A. Plant Materials Center (Cape May, New Jersey);
Foundation culms, are first year propagations from breeder culms.
Registered culms, are first year propagations from foundation culms.
Certified culms, are those produced from either foundation or registered culms.

N.J. Admin. Code § 2:16-8.2 Handling of crop prior to inspection

A field shall be rogued sufficiently during the growing season to remove any other varieties of the crop being certified or other undesirable plant mixture that cannot be separated during the packing operations.

N.J. Admin. Code § 2:16-8.3 Date of application

Application for growing certified vegetatively propagated grasses shall be filed with the Bureau of Seed Certification and Control no later than June 1.

N.J. Admin. Code § 2:16-8.4 Land requirements

(a) A field to be eligible for the production of foundation, registered or certified culms, shall have been free of other strains of the same species for two consecutive years preceding the year that it is to be planted.

(b) The fields shall be inspected by the Department prior to planting and shall have been found to be free of noxious weeds as defined in N.J.A.C. 2:16-2 and free of objectionable weeds as listed in N.J.A.C. 2:16-8.9.

N.J. Admin. Code § 2:16-8.5 Field inspection

Field inspections by the Department shall be made at various times during the growing season to determine accurately the amount of varietal mixture present.

N.J. Admin. Code § 2:16-8.6 Field standards

The entire acreage standing at the time of inspection shall be subjected to inspection as a unit.

N.J. Admin. Code § 2:16-8.7 Isolation

A field to be eligible for certification shall be isolated from any other perennial grasses by a barrier that will prevent encroachment or mechanical mixing during harvest.

N.J. Admin. Code § 2:16-8.8 Field standards; specific requirements

(a) No other varieties are permitted in foundation or registered fields.

(b) For certified class fields, one plant of another variety in 1,000 square feet is the maximum permitted.

N.J. Admin. Code § 2:16-8.9 Planting stock standards for all classes

(a) A sample of at least 100 culms shall be drawn by the Department inspector during spring and fall pulling and tested by the inspector.

(b) The following table sets forth the standards for planting stock:

| Pure living culms, minimum | 98.0% | | --- | --- | | Other living plants, maximum | 2.0% | | Total objectionable weeds, maximum n1 | 0.0% | | n1 Objectionable weeds shall include the following species: Canada thistle, dodder, horse nettle, johnsongrass, leafy spurge, nutgrass, quackgrass, wild onion or garlic, wild radish, field bindweed and hedge bindweed. | |

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

Subchapter 9 CERTIFICATION FEE SCHEDULE

N.J. Admin. Code § 2:16-9.1 General purpose and provisions

Certification fees are determined by the Secretary of the New Jersey Department of Agriculture. Fees are charged by the Department for certification services, including field inspections, supervision of cleaning and mixing equipment and operations, tags supplied by the Department and seed testing. The Department shall bill the users of certification services annually, at the end of the calendar year; fees shall be paid to:

New Jersey Department of Agriculture

Division of Plant Industry

Seed Certification and Control Program

PO Box 330

Trenton, NJ 08625-0330

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-9.2 Fees for general certification

(a) The following fees shall be charged for participation in the program for certifying seeds or crops not listed below:

An application fee of $ 50.00 for each grower.
An inspection fee of $ 3.00 for each acre entered.
Certification labels, if purchased from Department, $ 0.05 each (one label for each bag or container).

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-9.3 Cultivated sod, vegetatively propagated grasses

(a) The following fees shall be charged for participation in the program for certifying sod:

An application fee of $ 50.00 for each grower.
An inspection fee of $ 3.00 for each acre entered.

Certification labels, if purchased from Department, $ 0.05 each (one label should accompany each grower invoice).

(b) The following fees shall be charged for participation in the program for certifying vegetatively propagated grasses:

An application fee of $ 50.00 for each grower.
An inspection fee that will be based on the total acreage inspected for nursery certification and will be charged according to the nursery inspection fee schedule found in N.J.A.C. 2:18-1.2. Inspection fee paid by grower will cover both plant pest and varietal certification inspections.

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-9.4 Interagency certified turfgrass

(a) The following fees shall be charged for participation in the program for certifying mixtures of turfgrasses seed:

Application fee of $ 50.00 for each participating mixer.
Sampling and testing for each component of mixture, $ 50.00.
For every 1,000 pounds of seed mixed there shall be a charge of $ 50.00, with a minimum charge of $ 150.00 for each mixing day.
There shall be a charge of $ 25.00 for first sample when sampling only is requested plus $ 15.00 for each additional sample.
Certification labels, if purchased from Department, $ 0.05 each (one label for each bag or container).

History

Amended by R.1996 d.44, effective 1/16/1996.
See: 27 New Jersey Register 4043(a), 28 New Jersey Register 257(a).

N.J. Admin. Code § 2:16-9.5 Fee waived for participating government agencies

No fees shall be charged to Federal or state agencies which participate in the certification program.

Chapter 17 IMPORTATION OF PLANTS AND PLANT MATERIAL

Subchapter 1 NURSERY STOCK

N.J. Admin. Code § 2:17-1.1 Persons shipping nursery stock shall file certificate of inspection

(a) All nurserymen, dealers or other persons residing or doing business outside of New Jersey and desiring to ship nursery stock into New Jersey shall file once each year with the New Jersey Department of Agriculture, prior to shipments, a copy of their current valid resident-state certificate of inspection.

(b) The requirement listed in (a) above shall be satisfied if the nurseryman or plant dealer appears in a then-current listing of certified nurseries and nursery dealers provided by the resident state.

History

Amended by R.1996 d.300, effective 7/1/1996.
See: 28 New Jersey Register 1583(a), 28 New Jersey Register 3299(a).

Subchapter 3 VEGETABLE PLANTS

N.J. Admin. Code § 2:17-3.1 Diseased or infested plants deemed nuisance; entry requirement

(a) In order to prevent the movement into New Jersey of diseased or insect infested vegetable plants, the State Board of Agriculture does hereby declare such plants to be a nuisance and prescribes the following conditions for the entry of vegetable plants into New Jersey.

All vegetable plants shipped into the State of New Jersey must be certified to have been grown under an official certificate program of the state of origin, or to have been inspected and certified to be apparently free of injurious insects, nematodes and plant diseases on the basis of an inspection no more than five days prior to removal from the soil.
All plants certified as prescribed above must be accompanied by an official certificate so stating attached to each included crate, basket or other container.
Any person importing vegetable plants into the State of New Jersey shall notify the Department of Agriculture of such shipment prior to, or within 24 hours after, arrival of the shipment.

History

Amended by R.1996 d.300, effective 7/1/1996.
See: 28 New Jersey Register 1583(a), 28 New Jersey Register 3299(a).

Subchapter 4 TOMATO PLANTS

N.J. Admin. Code § 2:17-4.1 Purpose of subchapter

In order to control the movement into New Jersey of late blight (Phytophthora infestans) and of bacterial diseases: bacterial spot (Xanthomonas campestris pv. vesicatoria), bacterial speck (Pseudomonas syrinagae pv. tomato) and bacterial canker (Clavibacter michiganensis subsp. michiganensis), the specifications in this subchapter for the admission of tomato plants into New Jersey are established.

N.J. Admin. Code § 2:17-4.2 Scope of subchapter

This subchapter shall apply to all tomato plants shipped into the State of New Jersey.

N.J. Admin. Code § 2:17-4.3 Conditions governing the production of tomato plants to be shipped to New Jersey

(a) The following shall apply to tomato plants to be shipped to New Jersey:

Production and packing of greenhouse grown plants shall be on raised benches. Reasonable management attention shall be given to maintaining the proper temperature and humidity, which shall minimize conditions favorable to the late blight disease.
All seed shall be tested or treated for bacterial diseases.
From the time the tomato seedlings produce their first pair of true leaves, plants shall be sprayed with antibiotic sprays labeled for use on tomato plants at four to five day intervals until pulling following a schedule recommended by the state's cooperative extension service, satisfactory to state plant regulatory officials or other official certifying agencies, as appropriate for bacterial disease control.
From the time the tomato seedlings produce their first pair of true leaves, plants are to be sprayed with fungicide sprays (maneb, mancozeb or other labeled equivalent) at four to five day intervals, unless otherwise directed on the fungicide label, until pulling following a schedule recommended by the state's cooperative extension service, satisfactory to state plant regulatory officials or other official certifying agencies, as appropriate for late blight control.
For purposes of aphid, leafhopper, thrips, white fly, mite and other insect control, pest control measures satisfactory to state plant regulatory officials or other official certifying agencies shall be made.
All tomato transplants that are certified shall be inspected periodically and approved as being apparently free from injurious insects, nematodes, and plant disease. The final inspection shall be made not more than five days prior to pulling.

N.J. Admin. Code § 2:17-4.4 Transplants packed at point of origin

All tomato transplants brought into New Jersey for dissemination by sale or otherwise shall be packed at the point of origin.

N.J. Admin. Code § 2:17-4.5 Movement into New Jersey of tomato transplants

(a) In order to prevent the movement into New Jersey of diseased, insect-infested or substandard quality tomato plants, the State Board of Agriculture declares such plants to be a nuisance in New Jersey.

(b) All tomato plants shipped into the State of New Jersey shall be certified to have been grown under an official certification program of the state of origin, or to have been inspected and certified to be apparently free from injurious insects, nematodes and plant diseases, based on an inspection no more than five days prior to removal from the soil.

(c) All plants certified as prescribed in (b) above shall be accompanied by an official certificate so stating attached to each included crate, basket or other container. Each such package shall also be labeled as to variety and number of transplants per container.

(d) The following standards apply to imported tomato transplants:

The transplants shall be apparently free from injurious insects, nematodes and plant diseases;
The plant count shall be as stated on the container;
The transplants shall be free of fruit and excessive bloom;
The transplants shall be free of noxious weeds;
The transplants shall be in good physical condition so as to make successful growth of the plants probable in the opinion of the inspecting authority. At least 80 percent of all the tomato plants in each container shall be:

i. Not too soft or hard (over-mature);

ii. Not excessively heated;

iii. Free from excessive wilting;

iv. Free from excessive physical injury by insects, diseases, hail or other factors;

v. Not severely clipped;

vi. Free from excessive nutrient deficiencies;

vii. Possessed of straight stems;

viii. Free from excessive weeds; and

ix. Possessed of stem length six to 11 inches from soil line to growing point, with a minimum stem diameter of 3/16 inch. If the inspecting authority is notified of agreement between the plant producer and plant purchaser, plant size standards may be altered.

(e) Failure to comply with this section shall result in destruction or rejection of all or part of violating tomato transplant shipment in New Jersey.

(f) Any person importing plants into the State of New Jersey shall notify the Department of Agriculture of such shipment prior to, or within 24 hours after, arrival of the shipment.

(g) Complaints or dissatisfaction with shipments shall be received by the inspecting authority, prior to planting, within 24 hours of arrival in New Jersey.

Subchapter 5 PEPPER PLANTS

N.J. Admin. Code § 2:17-5.1 Purpose

In order to control the movement into New Jersey of bacterial spot (Xanthomonas campestris pv. vesicatoria), the specifications for the admission of pepper plants into New Jersey are set forth in this subchapter.

N.J. Admin. Code § 2:17-5.2 Scope of subchapter

This subchapter shall apply to all pepper plants shipped into the State of New Jersey.

N.J. Admin. Code § 2:17-5.3 Conditions governing the production of pepper plants to be shipped in New Jersey

(a) The following shall apply to pepper plants to be shipped to New Jersey.

All seeds shall be tested or treated for bacterial diseases.
From the time the pepper seedlings produce their first pair of true leaves, plants shall be sprayed with antibiotic sprays labeled for use on pepper plants at four to five day intervals until pulling following a schedule recommended by the state's cooperative extension service, satisfactory to state plant regulatory officials or other official certifying agencies, as appropriate for bacterial disease control.
For purposes of aphid, leafhopper, thrips, white fly, mite and other insect control, pest control measures satisfactory to state plant regulatory officials or other official certifying agencies shall be made.
All pepper transplants that are certified shall be inspected periodically and approved as being apparently free from injurious insects, nematodes, and plant disease. The final inspection shall be made not more than five days prior to pulling.

N.J. Admin. Code § 2:17-5.4 Transplants packed at point of origin

All pepper transplants brought into New Jersey for dissemination by sale or otherwise shall be packed at the point of origin.

N.J. Admin. Code § 2:17-5.5 Movement into New Jersey of pepper transplants

(a) In order to prevent the movement into New Jersey of diseased, insect-infested or substandard quality pepper plants, the State Board of Agriculture declares such plants to be a nuisance and prescribes the following conditions for the entry of pepper plants in New Jersey.

(b) All pepper plants shipped into the State of New Jersey shall be certified to have been grown under an official certification program of the state of origin, or to have been inspected and certified free from injurious insects, nematodes and plant disease, based on an inspection no more than five days prior to removal from the soil.

(c) All plants certified as prescribed in (b) above shall be accompanied by an official certificate, so stating, attached to each included crate, basket or other container. Also, each such package shall be labeled as to variety and number of transplants per container.

(d) The following standards apply to imported pepper transplant:

The transplants shall be apparently free from injurious insects, nematodes and plant diseases;
The plant count shall be as stated on the container;
The transplants shall not be clipped;
The transplants shall be free of noxious weeds;

The transplants shall be in good physical condition so as to make successful growth of the plants probable in the opinion of the inspecting authority. At least 80 percent of all the pepper plants in each container shall be:

i. Not too soft or hard (over-mature);

ii. Not excessively heated;

iii. Free from excessive wilting;

iv. Free from excessive physical injury by insects, diseases, hail or other factors;

v. Free from excessive weeds;

vi. Free from excessive cold injury;

vii. Free from excessive nutrient deficiencies;

viii. Possessed of straight stems;

ix. Free from fruit or excessive bloom; and

x. Possessed of stem length six to 11 inches from soil line to growing point, with a minimum stem diameter of 5/32 inch. If the inspecting authority is notified of agreement between the plant producer and plant purchaser, plant size standards may be altered.

(e) Failure to comply with this section shall result in destruction or rejection of all or part of violating pepper transplant shipments into New Jersey.

(f) Any person importing plants into the State of New Jersey shall notify the Department of Agriculture of such shipment prior to, or within 24 hours after, arrival of the shipment.

(g) Complaints or dissatisfaction with shipments shall be received by the inspecting authority, prior to planting, within 24 hours of arrival in New Jersey.

Chapter 18 NURSERY INSPECTION FEES

Subchapter 1 FEES

N.J. Admin. Code § 2:18-1.1 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Commercial shipment" is a shipment for gain or profit.

"Dealer" means a person who purchases nursery stock from other certified nurserymen and offers such stock for sale at a retail outlet or through landscaping services.

"Federal phytosanitary inspection" means the examination of plant materials to determine freedom of plant pest and diseases for those persons desiring to ship plants or plant products to another country and the issuance of a United States Department of Agriculture, Animal Plant Health Inspection Service, Plant Pest Quarantine inspection certificate.

"Low value commercial shipment" is a shipment accompanied by an invoice which states that the items being shipped are worth less than $ 1,250.

"Non-commercial shipment" is a shipment not for gain or profit.

"Nursery" includes all lands, premises and buildings upon, on or in which plants, trees, shrubs or vines of any kind, whether for fruit, shade or ornament, are grown for sale within the State or for shipment to other states or countries.

"Nursery stock" includes all plants, shrubs, trees and vines grown for sale, as well as buds, grafts, stocks, scions and other parts of plants, shrubs, trees and vines that may be sold for propagation; but shall not include herbaceous annuals or plants, flowers, vines or cuttings grown under glass and commonly known as florists stock.

"Nurseryman" includes any person, firm, co-partnership or corporation growing plants, trees, shrubs or vines for sale or dealing in such stock, whether he/she or they be owners, lessees or tenants of or on the premises upon which the stock is grown or offered for sale.

"Post-entry quarantine inspection" means an examination of plants imported to the United States, which are grown under USDA permit in a restricted area and inspected for two active growing seasons, to verify their freedom from specific pests or pathogens.

"Reinspection" is an inspection of a location in a nursery, previously inspected by the Department during the current growing season, found to be infested/infected with insect pests or plant diseases, for the purpose of determining whether pest problems found earlier have been controlled by the nurseryman.

"Special inspection" is the examination of plant materials to determine freedom of plant pests and diseases and issuance of a special State certificate for those persons who do not possess a nursery or dealers certificate and who desire to ship plant materials to another state.

History

Amended by R.1996 d.401, effective 8/19/1996.
See: 28 New Jersey Register 2816(a), 28 New Jersey Register 3915(b).
Added "Commercial shipment", "Low value commercial shipment", "Non-commercial shipment" and "Reinspection"; and amended "Federal phytosanitary inspection".
Amended by R.2002 d.159, effective 5/20/2002.
See: 34 New Jersey Register 624(a), 34 New Jersey Register 1855(a).
Added "Post-entry quarantine inspection".

N.J. Admin. Code § 2:18-1.2 Nursery inspection fees

(a) The following fee schedule shall apply to all nursery inspections conducted by the New Jersey Department of Agriculture:

| Nursery Acreage | Base Fee | Acreage Assessment | | --- | --- | --- | | Less than 2.00 | $85.00 | no additional assessment | | 2.00 or more | $85.00 | plus $7.00 for each acre or part thereof |

(b) Determination of nursery acreage fees is based only on those lands on which nursery stock is actually growing or on lands where are placed containers with growing plants, including, but not limited to walkways.

(c) The nurseryman shall be entitled to one reinspection at no additional charge, if necessary, at each location within 14 days following the "control by" date listed on the nursery inspection report.

(d) Fees for additional reinspections of a nursery location, due to failure on the part of the nurseryman to control such insect pests or plant diseases as prescribed on the nursery inspection report, shall be assessed for each location reinspected using the fee schedule in (a) above.

(e) The Department reserves the right to waive reinspection charges if, in the opinion of the Director of the Division of Plant Industry, the failure to successfully control pest problems was a result of pest biology, resistant pest strains, adverse weather conditions or other extenuating factors.

History

Amended by R.1996 d.401, effective 8/19/1996.
See: 28 New Jersey Register 2816(a), 28 New Jersey Register 3915(b).
Provided for reinspections.
Amended by R.2002 d.159, effective 5/20/2002.
See: 34 New Jersey Register 624(a), 34 New Jersey Register 1855(a).
In (a), amended the fee schedule table.

N.J. Admin. Code § 2:18-1.3 Dealer fee

Fees for inspection of dealers shall be $ 85.00. Dealers with more than one place of business in the State shall be charged an additional $ 85.00 for each location.

History

Amended by R.2002 d.159, effective 5/20/2002.
See: 34 New Jersey Register 624(a), 34 New Jersey Register 1855(a).
Substituted "$ 75.00" for "$ 50.00" throughout.

N.J. Admin. Code § 2:18-1.4 Phytosanitary inspection fee

(a) There shall be a $ 60.00 fee for each Federal or special phytosanitary inspection of a commercial shipment necessary for the issuance of a phytosanitary certificate.

(b) There shall be a $ 30.00 fee for each Federal or special phytosanitary inspection of a low value commercial shipment necessary for the issuance of a phytosanitary certificate.

(c) There shall be a $ 20.00 fee for each Federal or special phytosanitary inspection of a noncommercial shipment necessary for the issuance of a phytosanitary certificate.

(d) Fees for phytosanitary inspections carried out for other governmental agencies shall be waived.

History

Amended by R.1996 d.401, effective 8/19/1996.
See: 28 New Jersey Register 2816(a), 28 New Jersey Register 3915(b).
Rewrote the section.

N.J. Admin. Code § 2:18-1.5 Post-entry quarantine inspection fee

(a) There shall be a fee of $ 20.00 for each inspection for a non-commercial or low-value commercial shipment.

(b) There shall be a fee of $ 50.00 for each inspection of a commercial shipment.

History

New Rule, R.2002 d.159, effective 5/20/2002.
See: 34 New Jersey Register 624(a), 34 New Jersey Register 1855(a).
Former N.J.A.C. 2:18-1.5, Fees due; method of payment, recodified to N.J.A.C. 2:18-1.6.

N.J. Admin. Code § 2:18-1.6 Fees due; method of payment

(a) There shall be a single inspection fee per year for each nursery and dealers place of business.

(b) All nursery and dealer fees shall be payable within 30 days of receipt of invoice. Failure to pay the fee shall result in the assessment of penalties pursuant to N.J.S.A. 4:7-26 and the revocation of nursery certification.

(c) All fees for Federal phytosanitary inspections and special inspections shall be payable at the time of inspection and issuance of certification or by the due date printed on the invoice.

(d) A late fee of $ 5.00 shall be assessed if payment is not received within 15 days of the due date printed on the original invoice.

(e) All fees shall be paid to the New Jersey Department of Agriculture, Division of Plant Industry, PO Box 330, Trenton, New Jersey 08625-0330.

History

Recodified from 2:18-1.6 by R.1996 d.401, effective 8/19/1996.
See: 28 New Jersey Register 2816(a), 28 New Jersey Register 3915(b).
Former section, "Special inspection fee", repealed.
Recodified from N.J.A.C. 2:18-1.5 by R.2002 d.159, effective 5/20/2002.
See: 34 New Jersey Register 624(a), 34 New Jersey Register 1855(a).
Former N.J.A.C. 2:18-1.6, (Reserved), recodified to N.J.A.C. 2:18-1.7.

N.J. Admin. Code § 2:18-1.7 Reserved

History

Recodified to N.J.A.C. 2:18-1.5 by R.1996 d.401, effective 8/19/1996.
See: 28 New Jersey Register 2816(a), 28 New Jersey Register 3915(b).
Section was "Fees due; method of payment".
Recodified from N.J.A.C. 2:18-1.6 by R.2002 d.159, effective 5/20/2002.
See: 34 New Jersey Register 624(a), 34 New Jersey Register 1855(a).

Chapter 19 SALE AND DISTRIBUTION OF PLANTS AND PLANT MATERIAL

Subchapter 2 ROSE PLANTS

N.J. Admin. Code § 2:19-2.1 Purpose

The provisions of this subchapter are prescribed for the shipment of rose plants into and within the State of New Jersey in order to prevent the movement into the State of diseased, virus-infected rose plants.

N.J. Admin. Code § 2:19-2.2 Virus-infected rose plants declared a nuisance

The State Board of Agriculture declares virus-infected rose plants (Rosa sp.), being those plants infected with rose mosiac disease (containing apple mosaic virus or prunus necrotic ringspot virus), appearing to be infected with rose mosaic disease or plants exhibiting symptoms of, or similar to, known virus diseases of roses, to be a nuisance.

N.J. Admin. Code § 2:19-2.3 Rose plants eligible for movement only after official inspection for virus diseases

Rose plants may be shipped into the State of New Jersey only after they have been inspected during the growing season by a state inspector in the state in which they were grown, at the time appropriate for symptom expression and found to be visibly free from virus diseases; especially viruses associated with rose mosaic disease (apple mosiac virus and prunus necrotic ringspot virus).

N.J. Admin. Code § 2:19-2.4 Shipments of rose plants must carry certification of visual freedom from virus diseases

(a) All shipments of rose plants entering the State of New Jersey must be accompanied by an official certificate or statement issued by the proper state official in the state of origin, certifying that the plants were inspected during the growing season at a time when symptoms would be apparent and found visibly free of plant viruses. For the purposes of this section, the term "shipments of rose plants" includes any conveyance (including mail order) of dormant, packaged, preplanted or "in-leaf" rose plants.

(b) Anyone offering rose plants for sale in New Jersey must have on file in their establishment, and available for public inspection upon request, a copy of the official certificate or statement issued by the proper state official in the state of origin for each shipment of plants, certifying that the plants were inspected during the growing season at a time when symptoms would be apparent and found visibly free of plant viruses.

(c) The New Jersey Department of Agriculture may, in accordance with the appropriate statuses, order the destruction of or return to the point of origin any rose plants received in the State of New Jersey without such a certificate, or expressing symptoms of virus diseases whether or not accompanied by such certificate

Chapter 20 QUARANTINES

Subchapter 1 GOLDEN NEMATODE

N.J. Admin. Code § 2:20-1.1 Golden Nematode deemed a threat to agriculture

The fact has been determined by the New Jersey State Board of Agriculture, and notice is hereby given, that a nematode (Globodera rostochiensis), present in the state of New York and in Canada, and not known to be present in New Jersey, constitutes a serious threat to agriculture in New Jersey.

History

Amended by R.1996 d.300, effective 7/1/1996.
See: 28 New Jersey Register 1583(a), 28 New Jersey Register 3299(a).

N.J. Admin. Code § 2:20-1.2 Soil and sod shall not contain Golden Nematode

No soil, including sod, and sand, shall be moved from any area, known to be infested with Golden Nematode, into the State of New Jersey, except when fumigated by an approved method and certified as such, or except to laboratories approved by the Deputy Administrator, Animal and Plant Health Inspection Service, United States Department of Agriculture for such purposes as set forth in the Federal regulation regarding interstate movement of soil samples containing Golden Nematode for processing, testing or analysis, 7 C.F.R. 301.85-3(b).

History

Amended by R.1997 d.212, effective 5/19/1997.
See: 29 New Jersey Register 719(a), 29 New Jersey Register 2265(a).
Added provision allowing movement of infested soil to approved laboratories.

N.J. Admin. Code § 2:20-1.3 Material in violation confiscated

Material entering New Jersey in violation of this order shall be confiscated.

Subchapter 2 WHITE PINE BLISTER RUST (CRONARTIUM RIBICOLA FISCHER)

N.J. Admin. Code § 2:20-2.1 White pine blister rust declared a nuisance

The State Board of Agriculture has determined that white pine blister rust (Cronartium ribicola Fischer) is a dangerous plant disease and is hereby declared a nuisance.

N.J. Admin. Code § 2:20-2.2 Preventing the spread of white pine blister rust

(a) In order to prevent the spread of white pine blister rust (Cronartium ribicola Fischer) in the State of New Jersey, the distribution and movement of the plant material will be regulated as follows:

Five-needled pines (Pinus sp.) except such pines visibly infected with white pine blister rust, may be moved into or within New Jersey.
The possession or movement of plant cultivars and hybrids of European Black Currant (Ribes nigrum L.) into or within New Jersey is only allowed under special permit issued by the Department.
The possession or movement of red currant and gooseberry plants (Ribes sp. and Grossularia sp.) is allowed into or within New Jersey except the following municipalities, constituting a protective area: Montague, Sandyston, Walpack and Vernon Townships in Sussex County; West Milford, Ringwood Borough and Wanaque Township in Passaic County, and Jefferson Township in Morris County.

History

Amended by R.1995 d.523, effective 9/18/1995.
See: 27 New Jersey Register 2511(a), 27 New Jersey Register 3599(b).
Amended by R.2002 d.160, effective 5/20/2002.
See: 34 New Jersey Register 1076(a), 34 New Jersey Register 1857(a).
Rewrote (a)1 through 3; deleted (a)4.

N.J. Admin. Code § 2:20-2.3 Special permit for the importation and/or growing of plant cultivars and hybrids of European Black Currant (Ribes nigrum L.) in New Jersey

(a) Any person who wants to import or grow white pine blister rust resistant/immune varieties of European black currant (Ribes nigrum L.) plants into the State must first complete an application form, supplied by the Department, which includes the following information:

The name, address, and telephone number of person applying for permit;
The number of plants to be grown or imported during permit period listed by cultivar; and
A detailed map showing where the Ribes cultivars where plants will be grown during the permit period.

(b) An application is not valid as permit unless signed by authorized Department official.

Imported plants shall be labeled with cultivar nomenclature during movement into or through the State.

Plants growing in the field shall be labeled with cultivar nomenclature at the beginning and end of each row.

If plants are moved, the grower shall provide notification to the Department, including a map of the new plant location, within seven days of movement.

(d) For new introductions of currants, the permittee shall provide to the Department a certification from the plant source that all plants are white pine blister rust resistant/immune cultivars. A permit may be issued following favorable scientific review and certification of the varieties by the USDA APHIS and/or the U.S. Forest Service.

(e) Inspection by the Department shall proceed as follows:

The permittee shall allow Department to access site where plants are grown.
The Department may inspect plants at least once each year during permit period to ensure freedom from white pine blister rust disease.
If white pine blister rust is found on less than two percent of plants of a specific cultivar, the permittee shall remove and destroy all infected plants within 10 days of an order by the Department.
If white pine blister rust disease is found on more than two percent of plants of a specific cultivar, the permittee shall remove and destroy all plants of the infected cultivar within 30 days of an order by the Department.
Any signs or symptoms of the white pine blister rust observed on any of the Ribes cultivars shall be reported by the permittee to the Department within five days.

(f) No new plants may be propagated from existing plants unless authorized in writing by the Department.

(g) Conditions for permit amendment, expiration or revocation are as follows:

The permit shall expire five years from date of issuance.
At the end of the permit period, the permittee shall remove and destroy all permitted plants unless the permit is amended and approved by the Department. A permittee who violates this section may be subject to penalty action by the Department as authorized by N.J.S.A. 4:7-18.
If any additional plants are to be received by the permittee during this period, the permittee shall amend his or her permit application in writing. Such amendment shall include written certification from the source of the plants that they are white pine blister rust resistant varieties. A map of the proposed planting site shall also be submitted with the request for permit amendment.
The Department may revoke the permit at any time if it determines that the permittee did not follow permit conditions or if plants appear to be a cause of spread of white pine blister rust.

History

Amended by 50 N.J.R. 1887(a), effective 8/20/2018

N.J. Admin. Code § 2:20-2.4 Annual inspection fee

(a) The Department shall assess a fee for inspections necessary to implement this permit.

(b) A fee of $ 75.00 will be charged annually for inspection of a growing site containing fewer than two acres.

(c) A fee of $ 75.00 plus $ 4.00 per acre, or part thereof, will be charged annually for inspection of a growing site containing two acres or more.

(d) Determination of the inspection fee is based only on those lands on which Ribes cultivars are actually growing.

(e) The grower shall be entitled to one reinspection at no additional charge.

(f) Fees for additional reinspections of a Ribes location, due to failure on the part of the grower to control white pine blister rust disease, as prescribed on the inspection report, shall be assessed for each location reinspected using the fee schedule in (b) and (c) above.

(g) The inspection fee shall be payable within 30 days of receipt of invoice.

(h) A late fee of $ 5.00 shall be assessed if payment is not received within 15 days of the due date printed on the original invoice.

(i) Failure to pay the fee may result in the revocation of the permit.

(j) All fees shall be paid to the New Jersey Department of Agriculture, Division of Plant Industry, PO Box 330, Trenton, NJ 08625-0330.

History

New Rule, R.2002 d.160, effective 5/20/2002.
See: 34 New Jersey Register 1076(a), 34 New Jersey Register 1857(a).

Subchapter 3 CERIFERUS (OR JAPANESE) WAX SCALE (CEROPLASTES CERIFERUS F)

N.J. Admin. Code § 2:20-3.1 Ceriferus (or Japanese) Wax Scale (Ceroplastes ceriferus F.)

It has been determined by the New Jersey State Board of Agriculture that the Ceriferus (or Japanese) Wax Scale (Ceroplastes ceriferus F.) is a dangerously injurious insect and constitutes a menace to the trees and shrubs of the State of New Jersey. The Ceriferus (or Japanese) Wax Scale is not native to the State of New Jersey. The harboring or importation of the Ceriferus (or Japanese) Wax Scale is prohibited. Any building, product or means of conveyance of any character whatsoever, which, in the determination of the Department of Agriculture, presents a risk of the spread of the Ceriferus (or Japanese) Wax Scale, shall be subject to the measures of control allowed by the Statutes of New Jersey.

History

Amended by R.1997 d.212, effective 5/19/1997.
See: 29 New Jersey Register 719(a), 29 New Jersey Register 2265(a).

Subchapter 4 MEDITERRANEAN FRUIT FLY (CERATITUS CAPITATA)

N.J. Admin. Code § 2:20-4.1 Mediterranean Fruit Fly (Ceratitus capitata)

It has been determined by the New Jersey State Board of Agriculture that the Mediterranean Fruit Fly (Ceratitus capitata) is a dangerously injurious insect and constitutes a menace to the fruits and vegetables of the State of New Jersey. The Mediterranean Fruit Fly is not native to the State of New Jersey. The harboring or importation of the Mediterranean Fruit Fly is prohibited. Any building, product or means of conveyance of any character whatsoever, which, in the determination of the Department of Agriculture, presents a risk of the spread of the Mediterranean Fruit Fly, shall be subject to the measures of control allowed by the Statutes of New Jersey.

History

Amended by R.1997 d.212, effective 5/19/1997.
See: 29 New Jersey Register 719(a), 29 New Jersey Register 2265(a).

Subchapter 5 AFRICANIZED HONEYBEE (APIS MELLIFERA SCUTELLATA)

N.J. Admin. Code § 2:20-5.1 Africanized Honeybee (Apis mellifera scutellata); prohibitions

It has been determined by the New Jersey State Board of Agriculture that the Africanized Honeybee (Apis mellifera scutellata) is a dangerously injurious insect and constitutes a menace to the practice of apiculture in New Jersey. The Africanized Honeybee is not native to the State of New Jersey. The keeping or importation of Africanized Honeybees in any stage of development, including honeybees with characteristics identifiable with the subspecies (Apis mellifera scutellata), fresh or frozen bee sperm, equipment, shipping and storage containers that have been used at an apiary, unprocessed comb are prohibited. Any other product, article or means of conveyance of any character whatsoever, if in the determination of the Department of Agriculture, presents a risk of the spread of the Africanized Honeybee, shall be prohibited.

History

Amended by R.2011 d.150, effective 6/6/2011.
See: 42 N.J.R. 2877(a), 43 N.J.R. 1330(a).
Deleted "regardless of the purity of the genetic strains of the bees," preceding the first occurrence of "fresh", and substituted "are" for ", vehicles that have been used to carry regulated articles, other than fresh or frozen bee sperm, is".

Subchapter 6 KHAPRA BEETLE (TROGODERMA GRANARIUM EVERTS)

N.J. Admin. Code § 2:20-6.1 Khapra Beetle (Trogoderma granarium Everts)

It has been determined by the New Jersey State Board of Agriculture that the Khapra Beetle (Trogoderma granarium Everts) is a dangerously injurious insect and constitutes a menace to the food and grains stocks of the State of New Jersey. The Khapra Beetle is not native to the State of New Jersey. The harboring or importation of the Khapra Beetle is prohibited. Any building, product or means of conveyance of any character whatsoever, which, if in the determination of the Department of Agriculture, presents a risk of the spread of the Khapra Beetle, shall be subject to the measures of control allowed by the Statutes of New Jersey.

History

Amended by R.1997 d.212, effective 5/19/1997.
See: 29 New Jersey Register 719(a), 29 New Jersey Register 2265(a).

Subchapter 7 POSTENTRY QUARANTINE

N.J. Admin. Code § 2:20-7.1 Definitions

As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"APHIS" means the United States Department of Agriculture, Animal and Plant Health Inspection Service.

"Department" means the New Jersey Department of Agriculture.

"Emergency action notification" means the United States Department of Agriculture form known as "Emergency Action Notification (PPQ Form 523)," and is a written notification issued by APHIS to a person holding a postentry quarantine agreement or permit, and/or who owns and/or is in possession of a site where plants or plant products are being grown under postentry quarantine, requiring the person to take action at the site under the direction of the Department.

"Exotic plant pest" means a plant pest not known to exist in the United States.

"Inspector" means any person officially designated by the Department, or an employee of APHIS, authorized to enforce the provisions of this subchapter.

"Notice of shipment" means the United States Department of Agriculture form known as "Notice of Shipment and Report of Inspection of Imported Plants To Be Grown Under Postentry Quarantine (PPQ Form 236)" issued by APHIS at a port of entry. This form serves to notify the Department of a release by APHIS from a port of entry of a kind and number of plants to a person holding a postentry quarantine permit for the purpose of growing such plants under postentry quarantine.

"Person" means an individual, firm, corporation, company, limited liability company, society, association, or other business.

"Plant" means any part of a plant, tree, aquatic plant, plant product, shrub, vine fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit.

"Plant pest" means any pest of plants, agricultural commodities, horticultural products, nursery stock, or non-cultivated plants. This includes, but is not limited to, insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like organisms, weeds, plants or parasitic higher plants.

"Postentry quarantine" means a restriction on the growth and movement of plants imported to the United States of America pursuant to 7 C.F.R. § 319.37-7, as amended and supplemented, incorporated herein by reference, for the purpose of determining whether the plants are infested or infected with plant pests not discernible by port-of-entry inspection, for a period of six months after importation of Chrysanthemum spp., for a period of one year after importation of Dianthus spp., and for a period of two years after importation for all other plants.

"Postentry quarantine agreement" means the United States Department of Agriculture form known as "Agreement for Postentry Quarantine--State Screening Notice (PPQ Form 546)" issued by the United States Department of Agriculture, Animal and Plant Health Inspection Service. This form serves to notify the Department of the pendency of a person's application for a postentry quarantine permit and indicates the terms and location within a space of dimensions of a proposed postentry quarantine. A copy of this APHIS form may be obtained by writing to the Division of Plant Industry, Department of Agriculture, PO Box 330, Trenton, NJ 08625-0330, or telephoning (609) 292-5442.

"Postentry quarantine permit" means the United States Department of Agriculture form known as "Import Permit for Plants and Plant Products (PPQ Form 597)" issued by APHIS to a person approved by APHIS to receive plants subject to postentry quarantine.

"Site" means premises owned, rented, or otherwise in possession of a person who entered into a postentry quarantine agreement, specified in the postentry quarantine agreement as the actual location where plants subject to postentry quarantine will be grown.

N.J. Admin. Code § 2:20-7.2 Importation of foreign plants under postentry quarantine permit

Any plants eligible for entry into the United States of America subject to postentry quarantine for which APHIS issues a postentry quarantine permit, for the purposes of being grown in New Jersey, shall be h eld and grown under postentry quarantine in accordance with the requirements of 7 C.F.R. § 319.37-7, as amended and supplemented, incorporated herein by reference, except that the Department shall limit the volume of plant importations to no more than 500 pieces, per species, per year, per person.

N.J. Admin. Code § 2:20-7.3 Department review of postentry quarantine agreement

(a) Upon the Department's receipt from APHIS of a postentry quarantine agreement, the Department shall review the agreement to determine whether the Department will provide inspection and monitoring services in accordance with the terms of the postentry quarantine agreement.

(b) The Department's determination shall be based on the availability of Departmental resources to undertake the provision of inspection and monitoring services in accordance with the terms of the postentry quarantine agreement, taking into consideration the availability of technically trained State inspectors, and the numbers of sites and plants already growing in postentry quarantine as to which the Department has undertaken to provide inspection and monitoring services. The Department's determination also shall be based on whether the terms of the proposed postentry quarantine, as articulated in the postentry quarantine agreement, are conducive to an effective and efficient quarantine for the inspection of monitoring of plants and the identification and elimination of exotic plant pests, taking into consideration the type and number of plants in relation to the size and physical characteristics of the site.

(c) If the Department determines that the terms of the postentry quarantine agreement on their face are beyond the available resources of the Department, the Department shall report to APHIS as soon as practicable that the Department declines to undertake the postentry quarantine agreement.

(d) Unless the Department has declined to undertake the postentry quarantine agreement in accordance with (c) above, then one or more inspectors shall meet with the person who is a party to the postentry quarantine agreement and shall inspect sites indicated in the postentry quarantine agreement.

(e) After it has conducted the site inspection described in (d) above, the Department shall report to APHIS:

Whether the site is of adequate size to contain the number of plants proposed for postentry quarantine, taking into account potential increase in number to the extent authorized under 7 C.F.R. § 319.37-7, as amended and supplemented, incorporated herein by reference;
Its recommendations for appropriate revisions to the postentry quarantine permit toward ensuring an effective and efficient quarantine for the inspection and monitoring of plants and the identification and elimination of exotic plant pests, taking into consideration the type and number of plants in relation to the size and physical characteristics of the site; and

Whether the Department declines or accepts to undertake the postentry quarantine pursuant to the terms of the postentry quarantine agreement, based upon its consideration of the factors described in (b) above. The Department may condition its acceptance on APHIS' revision of the terms of the postentry quarantine agreement in accordance with the Department's recommendations issued pursuant to (e)2 above.

N.J. Admin. Code § 2:20-7.4 Departmental inspection and monitoring; reporting to APHIS

(a) Upon APHIS' issuance of a notice of shipment of plants with respect to which the Department has agreed to provide inspection and monitoring services, the Department shall inspect and monitor plants in postentry quarantine for a minimum two years following APHIS' release of the plants from the port of entry, at least once during the first year and at least once during the second year. The purpose of the Department's inspection shall be to check for evidence of exotic plant pests and to ascertain the kind and number of plants at a site and whether the permit holder is in compliance with the terms of the postentry quarantine agreement and the postentry quarantine permit.

(b) The Department shall report to APHIS any evidence of exotic plant pests found by inspectors.

(c) The Department shall report to APHIS any change in the number of plants at a postentry quarantine site from the number indicated in the notice of shipment.

(d) The Department shall report to APHIS any noncompliance with the terms of the postentry quarantine agreement and the postentry quarantine permit.

N.J. Admin. Code § 2:20-7.5 Right to enter premises for inspection; sanctions for interference or obstruction

(a) Persons entering into a postentry quarantine agreement shall be deemed to have acknowledged and consented to the Department's authority, without prior notice, to enter private property containing a site for the purpose of inspecting plants subject to a postentry quarantine permit for evidence of exotic pests, in accordance with 7 C.F.R. § 319.37-7, as amended and supplemented, incorporated herein by reference, and N.J.S.A. 4:7-13 and 35.

(b) Persons interfering with or obstructing the Department or an inspector in the conduct of postentry quarantine inspection and monitoring services shall be subject to the sanctions provided at 7 C.F.R. § 319.37-7, as amended and supplemented, incorporated herein by reference, and N.J.S.A. 4:7-13, 14 and 18.

N.J. Admin. Code § 2:20-7.6 Treatment or destruction of diseased or infested plants; report to APHIS

(a) If the Department finds evidence of exotic plant pests infesting or infecting plants grown under postentry quarantine, the Department shall recommend to APHIS safeguards or pest mitigation methods to be taken to control the pest.

(b) Upon the Department's receipt from APHIS of a copy of an emergency action notification relating to plants in postentry quarantine that show evidence of infestation or infection with an exotic plant pest, the Department shall supervise any pest mitigation methods taken to control the pest and the plants shall be subject to control measures, including destruction, in accordance with 7 C.F.R. § 319.37-7, as amended and supplemented, incorporated herein by reference, and N.J.S.A. 4:7-8, 16 through 19, and 23.

Subchapter 8 ASIAN LONGHORNED BEETLE

N.J. Admin. Code § 2:20-8.1 Definitions

As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.

"Asian longhorned beetle" means the insect known as Asian longhorned beetle (Anoplophora glabripennis) in any stage of development.

"Certificate" means any document which is issued for regulated article by an inspector or by a person operating under a compliance agreement, and which represents that such article is eligible for movement outside the quarantine area designated in N.J.A.C. 2:20-8.5.

"Department" means the New Jersey Department of Agriculture.

"Exposed" means determination by an inspector to be at risk for spreading Asian longhorned beetle.

"Infestation" means the presence of Asian longhorned beetle in any life stage.

"Inspector" means any person officially designated by the Department, or an employee of APHIS, authorized to enforce the provisions of this subchapter.

"Move" means to ship, carry, transport, offer for shipment, receive for shipment, or allow to be transported by any means.

"Movement" means the act of shipping, carrying, transporting, offering for shipment, receiving for shipment, or allowing to be transported by any means.

"Notification by the Department" mean an official written order issued by the Secretary of Agriculture specifying conditions found, actions the recipient shall carry out, and a specified time frame by which the order must be complied with.

"Nursery" means any premises, including greenhouses but excluding any orchard, at which plants are grown or maintained for propagation or replanting.

"Person" means an individual, firm, corporation, company, limited liability company, society, association, or other business.

"Plant" means any part of a plant, tree, aquatic plant, plant product, shrub, vine fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit.

"Quarantined area" means any area designated as a quarantined area in accordance with N.J.A.C. 2:20-8.5.

"Regulated article" means any article listed in N.J.A.C. 2:20-8.4.

"Regulated fruit, regulated plant, regulated seed, regulated tree" means any fruit, plant, seed, or tree defined as a regulated article.

N.J. Admin. Code § 2:20-8.2 Asian longhorned beetle declared a nuisance

The State Board of Agriculture declares that the Asian longhorned beetle, a dangerously injurious insect not known to be native to New Jersey, that damages hardwood trees especially maple (Norway, sugar, silver and red), birch, horsechestnut, poplar, willow, and elm by boring through bark, tunneling and girdling the tree until the tree is killed, to be a nuisance.

N.J. Admin. Code § 2:20-8.3 Restrictions on movement of plant material

No person may move any regulated articles listed at N.J.A.C. 2:20-8.4, or which are subject to the requirements of 7 C.F.R. § 301.51, Asian longhorned beetle quarantine, as amended and supplemented, and incorporated herein by reference, outside the quarantine area designated in N.J.A.C. 2:20-8.5.

N.J. Admin. Code § 2:20-8.4 Regulated articles

(a) Regulated articles are as follows:

Firewood, green lumber, nursery stock or any material living, dead, cut or fallen off logs, stumps, roots, branches or debris of half an inch or more of the following genera: Acer (maple), Aesculus (horse chestnut), Albizia (mimosa), Betula (birch), Celtis (hackberry), Cercidiphyllum (katsura), Fraxinus (ash), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm).
Any other product, article, or means of conveyance, of any character whatsoever, not covered by (a)1 above, when it is determined by an inspector that it presents a risk of spread of Asian longhorned beetle and the person in possession thereof has actual notice that the product, article, or means of conveyance is subject to the provisions of this subchapter.

History

Emergency amendment, R.2004 d.345, effective 8/17/2004 (to expire October 16, 2004).
See: 36 N.J.R. 4172(a).
In (a), rewrote 1.
Administrative correction.
See: 36 N.J.R. 4327(a).
Concurrent adopted amendment, R.2004 d.419, effective 10/12/2004.
See: 36 N.J.R. 4172(a), 36 N.J.R. 4327(a), 36 N.J.R. 5087(a).
Provisions of R.2004 d.345 adopted with change incorporated at 36 N.J.R. 4327(a).
Amended by R.2011 d.150, effective 6/6/2011.
See: 42 N.J.R. 2877(a), 43 N.J.R. 1330(a).
In (a)1, deleted a comma following "stock" and "cut", and substituted "Acer (maple), Aesculus (horse chestnut), Albizia (mimosa), Betula (birch), Celtis (hackberry), Cercidiphyllum (katsura), Fraxinus (ash), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm)" for "Maple (Acer spp.), Horsechestnut (Aesculus spp.), Willow (Salix spp.), Elm (Ulmus spp.), Birch (Betula spp.), Mimosa (Albizia julibrissin), Hackberry (Celtis spp.), Ash (Fraxinus spp.), Sycamore/Planetree (Platanus spp.), Mountain Ash (Sorbus spp.), and Poplar (Populus spp.)".

N.J. Admin. Code § 2:20-8.5 Quarantine area

The Secretary of the Department of Agriculture may temporarily designate any area in New Jersey as a quarantine area, if the Secretary has reason to believe that Asian longhorned beetle is present based on positive confirmation of Asian longhorned beetle by the Department, or by the U.S. Department of Agriculture Animal and Plant Health Inspection Service.

History

Adopted by 50 N.J.R. 1887(a), effective 8/20/2018

N.J. Admin. Code § 2:20-8.6 Right of access

(a) Duly authorized representatives of the Department may enter upon any lands or premises, public or private, within the State for the purpose of making necessary inspections for Asian longhorned beetle, and for the removal of condemned trees.

(b) Persons interfering with or obstructing the Department or an inspector in the conduct of inspections for Asian longhorned beetle shall be subject to the sanctions provided at 7 C.F.R § 301.51, as amended and supplemented, incorporated herein by reference, and N.J.S.A. 4:7-13, 14 and 18.

N.J. Admin. Code § 2:20-8.7 Notification of infestation, treatment order

A written Notice of Infestation--Treatment Order will be issued to the affected person by the Secretary of Agriculture, following positive confirmation of Asian longhorned beetle by the Department. The recipient shall have all plant material specified in the order treated to eradicate Asian longhorned beetle in a manner approved by the Secretary of Agriculture, including the destruction of infected trees. The notice or order shall specify a time, not less than three days from its date, within which it must be complied with.

N.J. Admin. Code § 2:20-8.8 Conditions of movement, certification

(a) No firewood, green lumber, logs, nursery stock, or other regulated articles may be moved from the quarantined area, unless accompanied by written approval issued by the Department, or as is permitted in accordance with the requirements at 7 C.F.R. § 301.51-4.

(b) A person whose stock has been tested to the satisfaction of the Department and found free from Asian longhorned beetle, wishing to move regulated plants shall be provided with a certificate issued by the Department.

(c) The Department reserves the right to charge an inspection fee, pursuant to N.J.A.C. 2:18, to recover costs associated issuing an inspection certificate.

Subchapter 9 NON-NATIVE PHYTOPHAGOUS SNAILS

N.J. Admin. Code § 2:20-9.1 Definitions

As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"Department" means the New Jersey Department of Agriculture.

"Infested areas" mean the states of Arizona, California, Florida, Hawaii, Minnesota, New Mexico, Oregon, Texas, Washington, or any other areas that are infested with phytophagous snails that are not native to New Jersey.

"Movement" means to ship, carry, transport, offer for shipment, receive for shipment, or allow to be transported by any means.

"Non-native phytophagous snail" means any live snail, in any stage of development that feeds on plants and does not occur naturally in New Jersey including, but not limited to, the following: the brown garden snail, Helix aspersa; the green or burrowing snail, H. aperta; the pulmonate snail, H. pomatia; the white garden snail, Theba pisana; the giant African snail, Achatha fulica; the giant South American snail, Megalobulimus oblongus; the lactea snail, Otala lactea; and any other species determined by the Secretary to be a threat to New Jersey agriculture and added to this section pursuant to N.J.S.A. 52:14B-1et seq. Native New Jersey species are not included.

"Plant material" means all wild, cultivated, or greenhouse-grown plants, trees, shrubs, vines, bulbous plants and roots, grafts, scions, and buds. "Plant material" includes nursery stock, annuals, bedding plants, vegetable plants, cut flowers, and decorative plants without roots.

History

Adopted by 50 N.J.R. 1887(a), effective 8/20/2018

N.J. Admin. Code § 2:20-9.2 Materials regulated

Plant materials harboring live, non-native phytophagous snails, live, non-native phytophagous snails themselves, and/or other articles capable of transporting non-native phytophagous snails shall not be moved into the State of New Jersey from an infested area.

History

Adopted by 50 N.J.R. 1887(a), effective 8/20/2018

N.J. Admin. Code § 2:20-9.3 Restrictions

(a) Raising, maintaining, and/or holding live, non-native phytophagous snails is prohibited.

(b) Movement of live, non-native phytophagous snails into or through the State in any stage of development is prohibited.

History

Adopted by 50 N.J.R. 1887(a), effective 8/20/2018

N.J. Admin. Code § 2:20-9.4 Treatment or disposal of infested materials

Regulated articles that are infested with live, non-native phytophagous snails, or materials that have been exposed to infestation by these plant pests, may be ordered destroyed or fumigated at the expense of the owner, at the direction of the Department.

History

Adopted by 50 N.J.R. 1887(a), effective 8/20/2018

Subchapter 10 SPOTTED LANTERNFLY

N.J. Admin. Code § 2:20-10.1 Definitions

As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"Agent" means a representative of the New Jersey Department of Agriculture or the United States Department of Agriculture, or any individual under contract with the Department or USDA to apply pesticide treatments or otherwise.

"APHIS" means the United States Department of Agriculture Animal and Plant Health Inspection Service.

"Checklist" or "Spotted Lanternfly Checklist" means a document prepared by the Department and is available at http://www.state.nj.us/agriculture/divisions/pi/prog/spottedlanternfly.html.

"Department" means the New Jersey Department of Agriculture.

"Eradication" means the elimination or removal of a pest from a defined geographic area.

"Exposed" means a determination by an inspector to be at risk for spreading Spotted Lanternfly.

"Infestation" means the presence of Spotted Lanternfly in any life stage. "Inspector" means any person officially designated by the Department or APHIS, authorized to enforce the provisions of this subchapter.

"Move" means to ship, carry, transport, offer for shipment, receive for shipment, or allow to be transported by any means.

"Movement" means the act of shipping, carrying, transporting, offering for shipment, receiving for shipment, or allowing to be transported by any means.

"Notice of Infestation-Treatment Order" means an official written order issued by the Department specifying conditions found, actions the recipient shall carry out, and a specified time frame by which the order must be complied with, pursuant to N.J.A.C. 2:20-10.5.

"Person" means an individual, partnership, association, firm, corporation, limited liability corporation, State agency, municipality or other governmental unit or agency, or any other legal entity.

"Plant" means any part of a plant, tree, aquatic plant, plant product, shrub, vine fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or fruit.

"Quarantined area" means any area designated as a quarantined area in accordance with N.J.A.C. 2:20-10.5.

"Regulated article" means any article listed under N.J.A.C. 2:20-10.3.

"Regulated fruit, regulated plant, regulated seed, regulated tree" means any fruit, plant, seed, or tree defined as a regulated article under N.J.A.C. 2:20-10.3.

"Secretary" means the Secretary of the New Jersey Department of Agriculture.

"Spotted Lanternfly" means Lycorma delicatula.

"Treatment Order" or "Order" means any Notice of Infestation-Treatment Order as set forth in N.J.A.C. 2:20-10.6.

"Tree of Heaven" means any life stage of the plant Ailanthus altissima.

"USDA" means the United States Department of Agriculture.

History

Adopted by 50 N.J.R. 2235(a), effective 9/27/2018

N.J. Admin. Code § 2:20-10.2 Spotted Lanternfly declared a nuisance

The State Board of Agriculture declares that the Spotted Lanternfly, a dangerously injurious insect and plant pest not known to be native to New Jersey, that damages nursery stock, agricultural crops, and the environment of the State, to be a nuisance.

History

Adopted by 50 N.J.R. 2235(a), effective 9/27/2018

N.J. Admin. Code § 2:20-10.3 Regulated articles

(a) The Spotted Lanternfly, along with any material or object that may carry or spread the dangerously injurious insect, are considered regulated articles and shall not be moved out of, or within, the quarantined area, unless done in accordance N.J.A.C. 2:20-10.7.

(b) Regulated articles include:

Any living life stage of the Spotted Lanternfly;
Plants and plant parts, which include, but are not limited to, live or dead trees, nursery stock, budwood, green lumber, firewood, logs, perennial plants, garden plants, agricultural produce, stumps, roots, branches, mulch, composted and uncomposted chips, bark, and yard waste;

Outdoor industrial and construction materials and equipment, concrete barriers or structure, stone, quarry material, ornamental stone or concrete, construction, landscaping, and remodeling waste;

Packing materials, such as wood crates or boxes;
Outdoor household articles including recreational vehicles, lawn tractors and mowers, mower decks, grills, grill and furniture covers, tarps, mobile homes, tile, stone, deck boards, mobile fire pits, any equipment, or trucks or vehicles not stored indoors;
Means of conveyance of any type, whether utilized for movement of the materials previously listed, or personal use, and any trailers, wagons, or other means of conveyance, and equipment attached thereto; or

Any other articles, materials, or means of conveyance, when it is determined by an inspector to present a risk of spread of any life stage of Spotted Lanternfly.

History

Adopted by 50 N.J.R. 2235(a), effective 9/27/2018

N.J. Admin. Code § 2:20-10.4 Quarantine area

(a) By order of the State Board of Agriculture, and pursuant to N.J.S.A. 4:1-21.5, in order to control the spread of the dangerously injurious insect, the Spotted Lanternfly, a menace to the State's agricultural industries, environment, and residential areas of New Jersey, all New Jersey counties are hereby quarantined in their entirety.

(b) The Secretary of Agriculture may temporarily designate any nonquarantined area in New Jersey as a quarantined area, if the Secretary has reason to believe that the Spotted Lanternfly is present based on positive confirmation of any life stage of this insect by the Department, or by agents of the USDA APHIS.

History

Amended by R.2019 d.101, effective 10/7/2019.
See: 51 N.J.R. 793(a), 51 N.J.R. 1499(a).
In the introductory paragraph of (a), inserted a comma following "environment"; in (a)2, deleted "and" from the end; in (a)3, substituted a semicolon for a period; and added (a)4 through (a)8.
Emergency amendment, R.2021 d.108, effective 8/27/2021 (to expire October 26, 2021).
See: 53 N.J.R. 1581(a).
In (a)7, deleted "and" from the end; in (a)8, substituted a semicolon for a period; and added (a)9 through (a)13.

N.J. Admin. Code § 2:20-10.5 Right of access

(a) Duly authorized representatives of the Department, the USDA, or their agents may enter upon any lands or premises, public or private, within the State, for the purpose of conducting necessary inspections and surveys for Spotted Lanternfly, for the removal and treatment of condemned host trees, to undertake eradication measures for the Spotted Lanternfly, and to determine compliance.

Prior to carrying out any treatment procedure, the Department shall notify the property owner in writing with a Notice of Infestation-Treatment Order. Any agent of the Department or USDA is authorized to enter the premises during reasonable hours to carry out the eradication or control measures.

Pursuant to any Notice of Infestation-Treatment Order, and any addendums thereto, the property owner shall take the following treatment actions:

i. The property owner shall allow control procedures to occur to eliminate any life stage of the Spotted Lanternfly on the property;

ii. Control procedures may include tree banding, pesticide application, or removal of any Tree of Heaven, or any combination thereof, to reduce the available host of the Spotted Lanternfly and to decrease the population of Spotted Lanternfly. All control procedures shall conform with methods approved by the Department and USDA Animal and Plant Inspection Services Plant Protection and Quarantine, in addition to all applicable Federal, State, and municipal laws and ordinances;

iii. Control work shall be performed by a contractor under agreement with the USDA APHIS to carry out the necessary control procedures on the owner's property;

iv. Property owners may be requested by the Department to remove and dispose of host trees, such as Tree of Heaven. The cost of any such removal shall be the responsibility of the property owner; and

v. The obligation of the property owner to allow control of the Spotted Lanternfly by State- or Federally contracted licensed pesticide applicators shall continue, so long as the Spotted Lanternfly exists on the property.

(b) The Department will continue to survey and monitor all properties within the quarantine areas set forth in N.J.A.C. 2:20-10.4, and any other areas identified within the State as having Spotted Lanternfly, until such quarantine area is rescinded. The Department, USDA, or its agents may enter onto any premises within the quarantine areas or any Notice of Infestation-Treatment Order, or any subsequent addendums thereto, to survey, collect samples, investigate, determine compliance, and carry out eradication or control measures, where necessary. Persons interfering with or obstructing the Department or an inspector or agent in the conduct of inspections, surveys, treatments, and removals for Spotted Lanternfly shall be subject to the sanctions provided by N.J.S.A. 4:7-13, 14, and 18, incorporated herein by reference.

History

Adopted by 50 N.J.R. 2235(a), effective 9/27/2018

N.J. Admin. Code § 2:20-10.6 Notification of Infestation-Treatment Order

A written Notice of Infestation-Treatment Order shall be issued to the affected property owner, by the Secretary of Agriculture, following positive confirmation of the Spotted Lanternfly by the Department or USDA. All host plant material specified in the order must be treated or eliminated to eradicate Spotted Lanternfly in a manner approved by the Secretary of Agriculture, which may include destruction of trees.

History

Adopted by 50 N.J.R. 2235(a), effective 9/27/2018

N.J. Admin. Code § 2:20-10.7 Restrictions on movement and conditions of movement

(a) No person may move any Spotted Lanternfly, plant material, or regulated articles containing any life stage of the Spotted Lanternfly, which are subject to the requirements of Spotted Lanternfly quarantine, outside the quarantine areas designated in N.J.A.C. 2:20-10.4, unless in compliance with the requirements set forth in this section.

(b) Members of the general public who move any regulated articles inside the quarantine area or to outside of the quarantine area shall be required to complete a Spotted Lanternfly Checklist prior to movement of any regulated article(s).

The Spotted Lanternfly Checklist shall be provided by the Department at the following web address: http://www.state.nj.us/agriculture/divisions/pi/prog/spottedlanternfly.html.
The signed checklist shall remain with the regulated article(s).
Upon request by the Department, a copy of the signed checklist shall be provided to the Department within three calendar days by the person possessing the regulated article.

Undertake training on the Spotted Lanternfly. The owner, manager, supervisor, or other person(s) with authority to bind the entity and train other employees (hereinafter "designated employee(s)") shall take training provided by either by the Department, the Pennsylvania Department of Agriculture, Penn State Cooperative Extension, Rutgers Cooperative Extension, or others who have participated in a "Train the Trainer" course approved and recognized by the Department, and shall have passed an examination administered by an employee or agent of the Department or the Pennsylvania Department of Agriculture, demonstrating they have an understanding and knowledge of the pest and of the procedures necessary to prevent the spread of the pest.

i. Upon successful completion of the training and passing the required test, the designated employee(s) shall be responsible for training other employees of that entity and documenting such training.

ii. In conjunction with taking the examination, the designated employee(s) shall record, preserve, maintain, and provide to the Department, as needed, at a minimum, the following information:

(1) The name, telephone number, and e-mail address of the designated employee taking the required test;

(2) The legal name, address, business telephone number, and e-mail address of the primary business location;

(3) The number of vehicles and conveyances utilized; and

(4) An attestation that the person shall comply with all requirements of this subchapter.

The Secretary may request, in writing, additional information, if necessary, for evaluating the potential risk to the State.
Any employee responsible for driving any vehicle or conveyance, or handling, shipping, packaging, or loading any regulated article, shall be trained by a designated employee who has taken the training and passed the exam. Multiple employees in a business may take the training and examination if the business deems that necessary to build sufficient training capacity within their organization.
All regulated articles, including conveyances and vehicles, shall be inspected and all egg masses and other life stages of the Spotted Lanternfly shall be removed and destroyed prior to being moved within or out of the quarantine area. A record of such inspection shall be kept and recorded as set forth in N.J.A.C. 2:20-10.9.
Regulated articles, other than the vehicles and conveyances themselves, shall be packaged and safeguarded sufficiently, such as within a closed container, shrink wrap, tight tarp, or similar covering, to maintain isolation from the domestic environment during storage or transportation.
Any stage of living life cycle(s) of the insect, Spotted Lanternfly, found during any inspection, and/or other debris, off-fall, or by-products, shall remain within the quarantine area, be placed in a separate area away from other regulated articles and shall be processed, treated, burned, or buried, in accordance with all Federal, State, or local laws. Burning shall be done in accordance with laws and rules governing air quality and where buried, such burial shall comply with all laws and rules governing water quality. Final disposal of regulated articles shall be in a manner that does not leave material that may be infected or allow movement of the Spotted Lanternfly.

(d) Submission to the Department of a valid permit issued by the Pennsylvania Department of Agriculture, or any other state issuing such permit for the Spotted Lanternfly, will be accepted in satisfaction of the elements required under (c) above.

Copies of such permits may be e-mailed to SLF-plantindustry@ag.nj.gov, or mailed to:

Division of Plant Industry

New Jersey Department of Agriculture

PO Box 330

Trenton, New Jersey 08625-0330

(e) Persons moving regulated materials for business purposes exclusively within the quarantine area shall be required to:

Treat, process, inspect, or dispose of regulated articles received and stored in a manner that complies with the methods of treatment described in (e)2 below.
Any stage of living life cycle(s) of the Spotted Lanternfly found during the inspection, and/or other debris, off-fall, or by-products, shall remain within the quarantine area, be placed in a separate area away from other regulated articles and shall be processed, treated, burned, or buried, in accordance with all Federal, State, or local laws. Burning shall be done in accordance with laws and rules governing air quality and where buried, such burial shall comply with all laws and rules governing water quality. Final disposal of regulated articles shall be in a manner that does not leave material that may be infected or allow movement of the Spotted Lanternfly.

Regulated articles must be shipped within five days of inspection, processing, or treatment and safeguarded in such a manner, such as storage inside an enclosed building or shrink wrapping, as to prevent infestation.

History

Adopted by 50 N.J.R. 2235(a), effective 9/27/2018

N.J. Admin. Code § 2:20-10.8 Other movement provisions for businesses

(a) A regulated article, including any vehicle or conveyance, may be shipped through the quarantine area, if the regulated article and the vehicle and conveyance originates outside the quarantine area and all the following criteria are met:

The points of origin and destination are outside of the quarantine area established by N.J.A.C. 2:20-10.4 and are indicated on a waybill accompanying the regulated article.
No point of origin is within an area of the State, where the presence of the Spotted Lanternfly has been confirmed by a Federal, State, or other regulatory agency.
If moving during the period of April through December, the regulated article is moved into the quarantine area in an enclosed vehicle or conveyance or is completely covered, such as by a tarp or full shrink wrapping, to prevent exposure to the Spotted Lanternfly. The covering must be kept on the regulated article until leaving the quarantine area and, thereafter, the covering shall be inspected, decontaminated, or destroyed.
The regulated article, including the vehicle and conveyance, is moved directly through the quarantine area without stopping, except for refueling, for traffic control devices, or emergency conditions, and has been stored, packed, or handled only at locations outside the quarantine area.

(b) If any other area inside or outside of this State is determined by a Federal, State, or other regulatory agency to have the Spotted Lanternfly present, movement from that area into the State shall require a permit issued either under the provisions of this subchapter, or a Department-approved permitting process or other program carried out by the state of origin.

History

Adopted by 50 N.J.R. 2235(a), effective 9/27/2018

N.J. Admin. Code § 2:20-10.9 Recordkeeping

(a) Documentation of required inspections and compliance measures taken when shipping regulated articles, including vehicles and conveyances within or outside of the quarantine area, shall be kept by each individual, employee, or person conducting activity within the quarantine area. These inspection records shall include recording of any living life stage finds and method utilized for destruction of the Spotted Lanternfly.

(b) Documentation shall be kept listing each individual training as a designated employee as set forth in N.J.A.C. 2:20-10.7(c)1.

(c) Incoming and outgoing shipment records are to detail the kind and quantity of regulated article shipped, shipper name, date of shipment, source or destination information, and corresponding inspection treatment and mitigation records.

(d) Inspection, treatment, and mitigation records, including dates and outcomes, shall be kept in accordance with this section.

(e) Records are to be maintained for a minimum of two years with copies provided to the Department upon request.

History

Adopted by 50 N.J.R. 2235(a), effective 9/27/2018

Chapter 21 SEED CONTROL

Subchapter 1 LABELING

N.J. Admin. Code § 2:21-1.1 Seed for planting purposes

Seeds offered for sale or exposed for sale, or transported in the State, when the vendor either orally, in writing, or in advertising implies that such goods are "suitable for seed," "fit for seed," or similar terms shall be deemed to be offered for sale for planting purposes.

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-1.2 Label position not considered conspicuous

The printing of the required label statement will not be considered to be conspicuous as required in the act when it is:

On the bottom of the container;
Super-imposed on other printing (not to include superimposed labels);

Wholly or partially inside of container;

In such a position on container wherein it commonly becomes wholly or partially illegible;
Blurred, or partially obliterated so as to make reading difficult.

N.J. Admin. Code § 2:21-1.3 Names used for labeling the kind of agricultural seed

(a) In labeling the "kind" of agricultural and vegetable seeds as required in the New Jersey State Seed Law, the names used shall be those specified below for the kinds indicated.

Agricultural seed names include:

Alfalfa--Medicago sativa L.

Alfileria--Erodium cicutarium L. L'her.

Alyceclover--Alysicarpus vaginalis L. DC.

Bahiagrass--Paspalum notatum Fluegge.

Barley--Hordeum vulgare L.

Bean, adzuki--Vigna angularis (Willd.) Ohwi & H. Ohashi

Bean, field--Phaseolus vulgaris L.

Bean, mung--Vigna radiata L. var. radiata R. Wilczek

Bean--(see Velvetbean)

Beet, field and sugar--Beta vulgaris L. subsp. vulgaris

Beggarweed--Desmodium tortuosum (Sev.) DC.

Bentgrass, colonial--Agrostis capillaris L.

Bentgrass, creeping--Agrostis stolonifera L. var. palustris (Hudson) Farw.

Bentgrass, velvet--Agrostis canina L.

Bermudagrass--Cynodon dactylon L. Pers.

Bermudagrass, giant--Cynodon dactylon var. aridus Harlan et de Wit.

Bluegrass, bulbous--Poa bulbosa L.

Bluegrass, Canada--Poa compressa L.

Bluegrass, Kentucky--Poa pratensis L.

Bluegrass, Nevada--Poa secunda J.S. Presl.

Bluegrass, rough--Poa trivialis L.

Bluegrass, Texas--Poa arachnifera Torr.

Bluegrass, wood--Poa nemoralis L.

Bluestem, big--Andropogon gerardii Vitman

Bluestem, little--Schizachyrium scoparium (Michx.) Nash

Bluestem, sand--Andropogon hallii Hack.

Bluestem, yellow--Bothriochloa ischaemum L. Keng

Brome, field--Bromus arvensis L.

Brome, mountain--Broumus marginatus Nees.

Brome, smooth--Bromus inermus subsp. inermis

Broomcorn--Sorghum bicolor L. Moench

Buckwheat--Fagopyrum esculentum Moench

Buffalograss--Buchloe dactyloides (Nutt.) Engl.

Bufflegrass, hairy--Cenchrus ciliaris L.

Bur-clover, California--Medicago polymorpha L.

Bur-clover, spotted--Medicago arabica L. DC.

Burnet, little--Sanguisorba minor Scop.

Buttonclover--Medicago orbicularis L. All.

Canarygrass--Phalaris canariensis L.

Canarygrass, reed--Phalaris arundinacea L.

Carpetgrass--Axonopus fissifolius (Raddi) Kuhlm.

Castorbean--Ricinus communis L.

Chickpea--Cicer arietinum L.

Clover, alsike--Trifolium hybridum L.

Clover, berseem--Trifolium alexandrinum L.

Clover, cluster--Trifolium glomeratum L.

Clover, Crimson--Trifolium incarnatum L.

Clover, large hop--Trifolium campestre Schreber

Clover, small hop (suckling)--Trifolium dubium Sibth.

Clover, ladino--Trifolium repens L.

Clover, lappa--Trifolium lappaceum L.

Clover, Persian--Trifolium resupinatum L.

Clover, red or red clover, mammoth or medium--Trifolium pratense L.

Clover, rose--Trifolium hirtum All.

Clover, strawberry--Trifolium fragiferum L.

Clover, sub (subterranean)--Trifolium subterraneum L.

Clover, white--Trifolium repens L.

Corn, field--Zea mays L.

Corn, pop--Zea mays var. everta (Sturt.) Bailey

Cotton--Gossypium spp.

Cowpea--Vigna unguiculata L. Walp. subsp. unguiculata

Crambe--Crambe abyssinica Hockst. ex R.E. Fries.

Crested dogtail--Cynosurus cristatus L.

Crotalaria, lance--Crotalaria lanceolata E. May.

Crotalaria, showy--Crotalaria spectabilis Roth.

Crotalaria, slenderleaf--Crotalaria brevidens Benth. var. intermedia (Kotschy) Pohl.

Crotalaria striped--Crotalaria pallida Aiton

Crotalaria, Sunn--Crotalaria juncea L.

Crownvetch--Cornilla varia L.

Dallisgrass--Paspalum dilatatum Poir.

Dichondra--Dichondra repens Forst.

Dropseed, sand--Sporobolus cryptandrus (Torr.) A. Gray

Emmer--Triticum dioccon Schrank.

Fescue, chewings--Festuca rubra L. subsp. commutata

Fescue, hair--Festuca temufolia Sibth.

Fescue, hard--Festuca ovina var. duriuscula L. Koch

Fescue, meadow--Festuca pratensis Hudson

Fescue, red--Restuca rubra L. subsp. rubra

Fescue, sheep--Festuca ovina L. var. ovina

Fescue, tall--Festuca arundinacea Schreb.

Foxtail, meadow--Alopecurus pratensis L.

Flax--Limum usitatissimum L.

Grama, blue--Bouteloua gracilis (H.B,K) Lag.

Grama, side-oats--Bouteloua curtipendula (Michx.) Torr.

Guar--Cyanopsis tetragonoloba L. Taub.

Guineagrass--Panicum maximum Jacq.

Hardinggrass--Phalaris stenoptera Hackel

Hemp--Cannabis sativa L.

Indiangrass, yellow--Sorghastrum nutans L. Nash.

Indigo, hairy--Indigofera hirsuta L.

Kudzu--Pueraria montana (Lour.) Merr. var. lobata (Willd.) Maesen & S. Almeida

Lespedeza, Korean--Kummerowia stipulacea (Maxim.) Makino

Lespedeza, sericea or Chinese--Lespedeza cuneata Dum.-Cours.

Lespedeza, Siberian--Lespedeza juncea G. Don (L.f.) Pers.

Lespedeza striate--Kummerowia striata (Thunb.) Schindler

Lovegrass, sand--Eragrostis trichodes (Nutt.) Wood.

Lovegrass, weeping--Eragrostis curvula (Schrad.) Nees.

Lupine, blue--Lupinus angustifolius L.

Lupine, white--Lupinus albus L.

Lupine, yellow--Lupinus luteus L.

Manilagrass--Zoysia matrella L. Merr.

Meadow foxtail--Alopecurus pratensis L.

Millet, browntop--Brachiaria rumosa L. Stapf

Millet, foxtail--Setaria italica L. Beav.

Millet, Japanese--Echnichloa frumenta Link

Millet, pearl--Pennisetum glaucum L. R. Br.

Millet, proso--Panicum miliaceum L.

Molassesgrass--Melinis minutiflora Beauv.

Mustard, black--Brassica nigra Koch.

Mustard, India--Brassica juncea L. Coss.

Mustard, white--Sinapis alba L.

Napiergrass--Penniseum purpureum Schumach.

Oat--Avena sativa L.

Oatgrass, tall--Arrhenatherum elatius L. Mert. and Koch.

Orchardgrass--Dactylis glomerata L.

Panicgrass, blue--Panicum antidotale Retz.

Peanut--Arachis hypogaea L.

Pea, field--Pisum sativum var. arvense L. Poir.

Poa trivialis--(see Bluegrass, rough.)

Rape, annual--Brassica napus var. annua Koch.

Rape, bird--Brassica rapa L. subsp. rapa

Rape, turnip--Brassica rapa L. var. silvestris (Lam.) Briggs.

Rape, winter--Brassica napus var. biennis (Schubi. and Mart) Reichb.

Redtop--Agrostis gigantea Roth

Rescuegrass--Bromus catharticus Vahl.

Rhodesgrass--Chloris gayana Kunth.

Rice--Oryza sativa L.

Ricegrass, Indian--Oryzopsis hymenoides (Roem. and Schult.) Ricker

Roughpea--Lathyrus hirsurus L.

Rye--Secale cereale L. subsp. cereale

Ryegrass, annual or Italian--Lolium multiforum Lam.

Ryegrass, intermediate--Lolium x hybridum

Ryegrass, perennial--Lolium perenne L.

Ryegrass, Wimmera--Lolium rigidum Gaud.

Safflower--Carthamus tinctorius L.

Sainfoin--Onobrychis viciifolia Scop.

Sesame--Sesamum indicum L.

Sesbania--Sesbania exaltata (Raf.) Rydb. ex A. W. Hill

Smilo--Piptatherum miliaceum L. Cosson

Sorghum--Sorghum bicolor L. Moench

Sorghum--Sundangrass hybrids--Sorghum drummondii (Nees exstrudel) Millsp. & Chase

Sorghum alum--Sorghum alum Parodi

Soybean--Glycine max L. Merr.

Spelt--Triticum spelta L.

Sunflower--Helianthus L. spp.

Sweetclover--Melilotus Miller spp.

Sweetclover, white--Melilotus albus Medikus

Sweetclover, yellow--Melilotus officinalis Lam.

Switchgrass--Panicum virgatum L.

Timothy--Phleum pratense L.

Trefoil, big--Lotus uliginosus Schkuhr.

Trefoil, birdsfoot--Lotus corniculatus L.

Vaseygrass--Paspalum urvillei Steud.

Veldtgrass--Ehrharta calycina J. E. Smith

Vernalgrass, sweet--Anthoxanthum odoratum L.

Vetch--Vicia L. spp.

Vetch, common--Vicia sativa L. subsp. sativa

Vetch, hairy--Vicia villosa Roth subsp. villosa

Vetch, Hungarian--Vicia pannonica Crantz.

Vetch, monantha--Vicia ariculata Hornem.

Vetch, narrowleaf--Vicia sativa L. subsp. nigra L. Ehrh.

Vetch, purple--Vicia benghalensis L.

Vetch, wollypod--villosa L. subsp. varia (Host.) Corbeire

Wheat--Triticum L. spp.

Wheat, common--Triticum aestivum L. (T. Vulgare Vill.)

Wheat, club--Triticum compactum Host.

Wheat, durum--Triticum durum Desf.

Wheat, Polish--Triticum polonicum L.

Wheat, poulard--Triticum turgidum L.

Wheatgrass, crested or fairway crested--Agropyron cristatum L. Gaertn.

Wheatgrass, crested or standard crested--Agropyron desertorum (Fisch.) Schult.

Wheatgrass, intermediate--Elytrigia intermedia (Host) Nevski subsp. intermedia

Wheatgrass, pubescent--Elytrigia intermedia (Host) Nevski subsp. intermedia

Wheatgrass, slender--Elymus trachycaulus (Link) Gould ex Shinn. subsp. trachycaulus

Wheatgrass, tall--Elytrigia elongata (Host.) Nevski.

Wheatgrass, western--Pascopyrum smithii (Rydb.) A. Love

Wildrye, Canada--Elymus canadensis L.

Wildrye, Russian--Psathyrostachys juncea (Fischer) Nevski

Zoysia--Zoysia japonica Steud.

Vegetable seed names include:

Anise--Pimpinella anisum

Artichoke--Cynara cardunculus L. subsp. cardunculus

Asparagus--Asparagus officinalis L.

Asparagus bean--Vigna unguiculata L. Walp. subsp. sesquipedalis L. Verdc.

Basil, sweet--Ocimum basilicum L.

Bean--Phaseolus vulgaris L.

Bean, lima--Phaseolus lunatus L.

Bean, scarlet runner--Phaseolus coccineus L.

Beet--Beta vulgaris L. subsp. vulgaris

Borage--Borago officinalis

Broadbean--Vicia faba L.

Broccoli--Brassica oleracea var. botrytis L.

Brussels sprout--Brassica oleracea var. gemifera Zenker

Cabbage--Brassica oleracea var. capitata L.

Cabbage, tronchuda--Brassica oleracea L. var. costata DC

Cantaloupe--Cucumis melo L.

Caraway--Carum carvi L.

Cardoon--Cynara cardunculus L. subsp. cardunculus

Carrot--Dancus carota L. subsp. sativus (Hoffm.) Arcang.

Cauliflower--Brassica oleracea var. botrytis L.

Celerica--Apium graveolens var. rapaceum DC.

Celery--Apium graveolens var. dulce (Mill.) Pers.

Chard, Swiss--Beta vulgaris var. cicla L.

Chervil, salad--Anthiscus cerefolium

Chicory--Cichorium intybus L.

Chinese cabbage--Brassica pekinensis (Lour.) Rupr.

Chives--Allium schroenoprasum

Citron-melon--Citrullus lanatus (Thunb.) Matsum and Nakai var. citroides (L.Bailey) Mansf.

Collards--Brassica oleracea var. acephala DC.

Coriander--Coriadrum sativum L.

Corn, sweet--Zea mays L.

Cornsalad, European--Valerianella locusta L. Laterrade

Cowpea--Vigna unguiculata L. Walp. subsp. unguiculata

Cress, garden--Lepidium sativum L.

Cress, upland--Bararea verna

Cucumber--Cucumis sativus L.

Dandelion--Taraxacum officinale Wigg

Dill--Anethum graveolens L.

Eggplant--Solanum melongena L.

Endive--Cichorium endivia L.

Fennel--Foeniculum vulgare Mill.

Kale--Brassica oleracea var. acephala DC.

Kale, Chinese--Brassica alboglabra L. Bailey

Kale, Siberian--Brassica napus var. pabularia (D.C.) Reichb.

Kohlrabi--Brassica oleracea var. gongylodes L.

Leek--Allium porrum L.

Lettuce--Lactuca sativa L.

Marjoram, sweet--Origanum majorana L.

Muskmelon--Cucumis melo L.

Mustard--Brassica juncea L. Coss.

Mustard, spinach--Brassica perviridis (Bailey) L. Bailey

Okra--Abelmoschus esculentus L. Moench

Onion--Allium cepa L.

Onion, Welsh--Allium fistulosum L.

Pak-choi--Brassica chinensis L.

Parsley--Petroselinum crispum (Miller) Nyman ex A.W. Hill

Parsnip--Pastinaca sativa L.

Pea--Pisum sativum L.

Pepper--Capsicum spp.

Pumpkin--Cucurbita pepo L.

Radish--Raphanus sativus L.

Rhubarb--Rheum rhabarbarum

Roquette--Eruca sativa

Rutabaga--Brassica napus var. napobrassica L. Reichb.

Sage--Salvia officinalis L.

Salsify--Tragopogon porrifolius L.

Savory, summer--Satureja hortensis

Sorrel--Rumex acetosa L.

Soybeans--Glycine max L. Merr.

Spinach--Spinacia oleracea L.

Spinach, New Zealand--Tetragonia tetragonioides (Palla) Kuntze

Squash--Cucurbita moschata Duchesne Poiret

Thyme--Thymus vulgaris

Tomato--Lycopersicon esculentum Miller var. esculentum

Tomato, husk--Physalis pubescens L.

Turnip--Brassica rapa L. subsp. rapa

Watercress--Rorippa nasturtium-aquaticum L. Hayek

Watermelon--Citrullus lanatus (Thunb.) Matsum. & Nakai var. lanatus

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-1.4 Full name used for variety or strains

When variety or strain names are stated, they shall be used in connection with the full kind name. A kind or variety name shall not be abbreviated or modified. Descriptive words or phrases shall not appear on analysis label. Brand names shall not be used as a substitute for the variety name or to represent a specific variety.

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-1.5 Names used for lawn grasses

(a) The following kinds shall be considered to be lawn grasses unless the lot is specifically labeled for another purpose such as "pasture" or "forage" or unless the kind is designated as a restricted noxious weed in N.J.A.C. 2:21-4.3:

Bentgrass;
Kentucky bluegrass;
Chewings fescue;
Red fescue;
Hard fescue;
Varieties of Perennial ryegrass; and
Named varieties of 'Turf-type' Tall fescue.

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-1.6 Flower seeds labeled

(a) The provision that flower seeds be labeled to show, "The name of the kind and variety or a statement of type and performance characteristics," shall be met in one of the following ways:

For seed of plans grown primarily for their blooms:

i. If the seeds are of a single name variety, the kind and variety shall be stated, for example--"Marigold, Butterball."

ii. If the seeds are of a single type and color for which there is no specific variety name, the type of plant (if significant), and the type and color of bloom shall be indicated, for example--"Scabiosa, Tall, Large Flowered, Double, Pink."

iii. If the seeds consist of an assortment or mixture of colors or varieties of a single kind, the kind name, the type of plant (if significant) and the type or types of bloom shall be indicated. In addition, it shall be clearly indicated that the seed is mixed or assorted. An example of labeling such a mixture or assortment is--"Marigold, Dwarf Double French, Mixed Colors."

iv. If the seeds consist of an assortment or mixture of kinds, it shall be clearly indicated that the seed is assorted or mixed and the specific use of the assortment or mixture shall be indicated, for example--"Cut Flower Mixture," or "Rock Garden Mixture". Such statements as "Wild Flower Mixture," "General Purpose Mixture," "Wonder Mixture" or any other statement which fails to indicate the specific use of the seed shall not be considered as meeting the requirements of this provision unless the specific use of the mixture is also stated.

v. Containers of mixed flower seed of over three grams shall list the kind or kind and variety names in excess of 5.0 percent in the order of predominance, giving the percentage by weight of each. Components of less than 5.0 percent may be listed. A single percentage by weight shall be given for these components. Containers of three grams or less shall list the components.

vi. Labeling of flower seed mixtures shall be considered misleading if the kind or kinds and varieties found by analysis differs by 20 percent or more from those listed on the label.

(b) For seeds of plants grown for ornamental purposes other than their blooms, the kind and variety shall be stated, or the kind shall be stated together with a descriptive statement concerning the ornamental part of the plant, for example--"Ornamental Gourds, Small Fruited Mixed."

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-1.7 Names used for labeling the kind of tree and shrub seed

In labeling the 'kind' of tree and shrub seed as required in the New Jersey State Seed Law, the names used shall be those specified below for the kinds indicated:

Alaska Cedar--Chamaecyparis nootkatensis (D. Don.) Spach.

Aleppo Pine--Pinus halepensis Mill.

American Bittersweet--Celastrus scandens L.

American Elm--Ulmus americana L.

American Sycamore--Platamus occidentalis L.

Amur Maple--Acer ginnala Maxim.

Apple--Malus spp.

Apricot--Prumus armeriaca L.

Arizona Cypress--Cupressus arizonica Greene

Atlas Cedar--Cedrus atlantica Manetti

Austrian Pine--Pinus nigra Arnold

Balkan Pine, Bosnian Pine--Pinus heldreichii var. leucodermis (Ant.) Markgraf ex Fitschen

Balsam Fir--Abies balsamea L. Mill.

Beefwood--Casuarina spp.

Bigleaf Maple--Acer macrophyllum Pursh.

Bishop Pine--Pinus muricata D. Don.

Black Spruce--Picea mariana (Mill.) B.S.P.

Black tupelo--Nyssa sylvatica var. sylvatica

Black Locust--Robinia pseudoacacia L.

Black Ash--Fraxinus nigra Marsh.

Blue Spruce, Colorado Spruce--Picea pungens Engelm.

Blue Douglas Fir--Pseudotsuga menziesii var. glauca (Beissn.) Franco

Boxelder--Acer negundo L.

Bristlecone Pine--Pinus aristata Engelm.

California Red Fir--Abies magnifica A. Murr.

Canary pine--Pinus canariensis C. Smith

Caribbean Pine--Pinus caribaea

Cedar of Lebanon--Cedrus libani (Loud.)

Cherry--Prunus avium (L.) L.

Chinese Elm--Ulmus parvifolia Jacq.

Chinkapin oak--Quercus muehlenbergii Engelm.

Cluster pine--Pinus pinaster Sol.

Colorado Blue Spruce--Picea pungens var. glauca Reg.

Common Lilac--Syringa vulgaris L.

Corsican Pine--Pinus nigra poiretiana (Ant.) Aschers & Graebn.

Coulter Pine, Bigcone Pine--Pinus coulteri D. Don.

Crabapple--Malus spp.

Deodar Cedar--Cedrus deodara (Roxb.) Loud.

Downy hawthorn--Crataegus mollis

Dunkfeld Larch--Larix eurolepis Henry

Eastern Hemlock, Canada Hemlock--Tsuga canadensis L. Carr.

Eastern White Pine--Pinus strobus L.

Engelmann Spruce--Picea engelmanni Parry

Eucalyptus grandis

Eucalyptus deglupta

European White Birch--Betula pendula Roth.

European Larch--Larix decidua Mill

European Ash--Fraxinus excelsior L.

European Barberry--Berberis vulgaris L.

Flowering dogwood--Cornus florida L.

Formosa pine--Pinus taiwanensis Hayata

Fraser Fir--Abies fraseria (Pursh.) Poir

Giant Sequoia--Sequoia gigantea (Lindl.) Decne.

Grand Fir--Abies grandis (Dougl.) Lindl.

Gray Douglas Fir--Pseudotsuga menziesii var. caesia (Beissn.) Franco

Gray Birch--Betula populifolia Marsh.

Green Ash--Fraxinus pensylvanica Marsh.

Green Ash--Fraxinus pensylvanica var. lanceolata (Borkh.) Sarg.

Green Douglas Fir--Pseudotsuga menziessi var. viridis

Himalayan Pine--Pinus griffithi McClelland

Honey Locust--Gleditsia triacanthos L.

Incense-cedar--Libocedrus decurrens

Italian Stone pine--Pinus pinea L.

Jack Pine--Pinus banksiana Lamb.

Japanese White Pine--Pinus parviflora Sieb. & Zucc.

Japanese Black Pine--Pinus thunbergii Parl.

Japanese Red Pine--Pinus densiflora Sieb. & Zucc.

Japanese Larch--Larix leptolepis (Sieb. & Zucc.) Gord.

Japanese Rose--Rosa multiflora Thunb.

Japanese Barberry--Berberis thunbergii DC.

Jeffrey Pine--Pinus jeffreyi Grev. & Balf.

Jelecote pine--Pinus patula Schl. & Cham.

Khasia pine--Pinus khasya Royle

Koyama Spruce--Picea koyamai Shiras.

Limber Pine--Pinus flexilis James

Live Oak--Quercus virginiana Mill.

Loblolly Pine--Pinus taeda L.

Lodgepole Pine--Pinus contorta var. latifolia Engelm.

Lodgepole Pine--Pinus contorta Dougl.

Longleaf Pine--Pinus palustris Mill.

Markus pine--Pinus markusii DeVriese

Mexican Pinyon Pine--Pinus cembroides Zucc.

Monterey pine--Pinus radiata D. Don.

Mountain Pine--Pinus mugo Turra.

Mountain Maple--Acer spicatum Lam.

Mugo Swiss Mountain Pine--Pinus mugo var. mughus (Scop.) Zenari

Nikko Fir--Abies homolepis Sieb & Zucc.

Nobel Fir--Abies procera Rehd.

Northern Catalpa--Catalpa speciosa Warder.

Northern White Cedar, Eastern Arborvitae--Thuja occidentalis L.

Norway Spruce--Picea abies L. Karst.

Norway Maple--Acer platanoides L.

Oregon Ash--Fraxinus latifolia Benth.

Oriental Arborvitae, Chinese Arborvitae--Thuja orientalis L.

Oriental Spruce--Picea orientalis L. Link.

Oriental Bittersweet--Celastrus orbiculata Thunb.

Pacific Silver Fir--Abies amabilis (Dougl.) Forbes

Paper Birch--Betula papyrifera Marsh.

Peach--Prunus persica Batsch.

Pear--Pyrus communis L.

Pecan--Carya illinoensis (Wang.) K. Koch

Pitch Pine--Pinus rigida Mill.

Plum--Prunus domestica L.

Pond Pine--Pinus serotina Michx.

Ponderosa Pine, Western Yellow Pine--Pinus ponderosa Laws.

Poplars--Populus spp.

Port Orford Cedar--Chamaecyparis lawsoniana (A. Murr.) Parl

Red Maple--Acer rubrum L.

Red or black oak group--Quercus spp.

Red Pine, Norway Pine--Pinus resinosa Ait.

Red Buckeye--Aesculus pavia L.

Red Spruce--Picea rubens Sarg.

Red-osier dogwood--Cornus stolonifera Michx.

Redwood--Sequoia sempervirens (D. Don.) Engl.

Rhododendron--Rhododendron spp.

River Birch--Betula nigra L.

Riverbank Grape--Vitus vulpina L.

Sakhalin Spruce--Picea glehnii (Fr. Schmidt) Mast.

Sand Pine--Pinus clausa

Scotch Pine--Pinus sylvestris L.

Shagbark hickory--Carya ovata (Mill) K. Koch

Shasta Red Fir--Abies magnifica var. shastensis Lemm.

Shortleaf Pine--Pinus echinata Mill.

Siberian Elm--Ulmus pumila L.

Siberian Larch--Larix sibirica Ledeb.

Siberian Spruce--Picea omorika (Pancic.) Purkyne

Silk-oak--Grevillea robusta

Silver Maple--Acer saccharinum L.

Sitka Spruce--Picea sitchensis (Bong.) Carr

Slash Pine--Pinus elliottii Engelm.

Southern Catalpa--Catalpa bignonioides Walt.

Southern magnolia--Magnolia grandiflora

Spruce pine--Pinus glabra Walt.

Striped Maple--Acer pensylvanicum L.

Subalpine Fir--Abies lasiocarpa (Hook.) Nutt

Sugar Pine--Pinus lambertiana Dougl.

Sugar Maple--Acer saccharum Marsh

Sweet Birch--Betula lenta L.

Sweetgum--Liquidambar styraciflua L.

Sycamore Maple--Acer pseudoplatanus L.

Tigertail Spruce--Picea polita (Sieb. & Zucc.) Carr

Tree of Heaven, Ailanthus--Ailanthus altissima (Mill.) Swingle

Veitch Fir--Abies veitchii (Lindl.)

Virginia Pine, Scrub Pine--Pinus virginiana Mill.

Water tupelo--Nyssa aquatica L.

Western White Spruce, Alberta White Spruce--Picea glauca var. albertiana (S. Brown) Sarg.

Western White Pine--Pinus monticola Dougl.

Western Red Cedar, Giant Arborvitae--Thuja plicata Donn.

Western Hemlock, Pacific Hemlock--Tsuga heterophylla (Raf.) Sarg.

Western Larch--Larix occidentalis Nutt.

White oak--Quercus alba L.

White Spruce--Picea glauca (Moench.) Voss

White Ash--Fraxinus americana L.

White Fir--Abies concolor (Gord. & Glend.) Lindl.

Whitebark Pine--Pinus albicaulis Engelm.

Yeddo Spruce--Picea jezoensis (Sieb. & Zucc.) Carr

Yellow Birch--Betula alleghaniensis Britton

Yellow poplar--Liriodendron tulipifera L.

History

New Rule, R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-1.8 Labeling of seed distributed to wholesale seedsmen

After seed has been conditioned, it shall be labeled before distribution to any person, including a wholesale seedsman. Each bag or bulk lot shall be completely labeled when supplied to a retailer or consumer. Labeling of seed supplied to a wholesale seedsman, as defined in N.J.S.A. 4:8-17.13(aa), may be by invoice, if each bag or other container is clearly identified by a lot number stenciled on the container, or if the seed is in bulk. Each bag or container that is not so identified shall carry complete labeling.

History

New Rule, R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-1.9 Labeling combination mulch, seed and fertilizer products

(a) The word "combination" followed by the words "mulch-seed-fertilizer (if appropriate)" must appear on the upper 30 percent of the principal display panel. The word "combination" must be the largest and most conspicuous type on the container, equal to or larger than the product name. The words "mulch-seed-fertilizer" shall be no smaller than one-half the size of the word "combination" and in close proximity to the word "combination". These products shall contain a minimum of 70 percent mulch.

(b) The word "mulch" as used in this section shall mean "a protective covering of any suitable substance placed with seed which acts to retain sufficient substance moisture to support seed germination and sustain early seedling growth and aid in the prevention of the evaporation of soil moisture, the control of weeds and the prevention of erosion.

The product name;

The lot number;
The percentage by weight of pure seed of each kind and variety named which may be less than five percent of the whole;
The percentage by weight of other crop seeds;
The percentage of weight of inert matter which shall not be less than 70 percent;
The percentage by weight of weed seeds;
The name and number of noxious weed seeds per pound, if present;
The percentage of germination (and hard seed if appropriate) of each kind or kind and variety named and date of test; and
The name and address of the tagger.

History

New Rule, R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-1.10 Labeling preplanted containers, mats, tapes, coated seed, and other devices

Seed that is coated or pelleted shall be labeled to reflect the percentage of pure seed, not including coating material. The coating or pelletizing material shall be declared as inert matter, expressed as percentage by weight, except that the percentage of pure seed and inert matter does not need to be shown on flower or vegetable seed containers of less than 1 pound when the net quantity is labeled on a seed count basis.

History

New Rule, R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-1.11 Relabeling

(a) The following information shall appear on a label when relabeling seeds in their original containers:

The percentage of germination;
The calendar month and year the test was completed to determine such percentage;
The same lot designation as on the original labels; and
The identity of the labeler.

(b) Germination test results substantiating the replacement label shall be made available by the labelers to the Department, upon the Department's request.

History

New Rule, R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

Subchapter 2 METHODS OF TESTING

N.J. Admin. Code § 2:21-2.1 Methods of testing prescribed by the Association of Official Seed Analysts

Methods used in sampling, inspecting, analyzing, testing, and examining seed and the tolerances used, unless specifically stated in these rules, shall be those prescribed by the "Rules for Testing Seeds" of the Association of Official Seed Analysts in effect at the time of the activity.

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

Subchapter 3 LABELING OF TREATED SEED

N.J. Admin. Code § 2:21-3.1 Seed treated with a pesticide

(a) Seed treated with a pesticide shall be labeled with the same signal word as that required on the pesticide container.

(b) The label on seed treated with a pesticide labeled with a "Danger" signal word shall contain in type not less than eight-point the word "DANGER" or, if required, the word "POISON" and the skull and crossbones symbol. The container or attached tag shall bear in a conspicuous manner and place the appropriate signal word and, if required, the symbol in a red color on a background of a contrasting color.

(c) The label on seed treated with a pesticide labeled with a "Caution" or "Warning" signal word shall contain in a conspicuous place the signal word, either "CAUTION" or "WARNING", stated on the pesticide container label.

(d) When more than one pesticide is used to treat seed, the labeling required for the seed container shall be for the pesticide with the higher level of toxicity.

(e) A container of seed treated with a pesticide shall be labeled in type not smaller than 8-point with caution statement "Do not use for food or oil purposes."

(f) The information may be on the analysis tag, or in close association with the analysis tag on a separate tag attached to the container, or on the container.

History

Repeal and New Rule, R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).
Section was "Classification of seed treatment substances in accordance with Federal Seed Act".

N.J. Admin. Code § 2:21-3.2 Seed treated with an inoculant

Each seed lot treated with an inoculant shall be labeled to show the presence of the inoculant, and the expiration date beyond which the inoculant is no longer claimed to be effective.

History

New Rule, R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-3.3 Seed treated with other materials or processes

(a) Other treatment materials or processes not included in N.J.A.C. 2:21-3.1 shall be labeled to reflect the purpose of the treatment or process. The name of the applied material or process, and the date of treatment, shall be stated on the label.

(b) If the material or process is harmful to humans or other vertebrate animals the seed shall be labeled as such with an appropriate caution statement in type no smaller than eight-point.

(c) Each seed lot bearing a label claiming improvements and advantages due to, or as a result of, a treatment may be tested by the Department to determine the effectiveness of the treatment. If the evidence does not substantiate the label claim, the seed lot shall be considered mislabeled.

History

New Rule, R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

Subchapter 4 NOXIOUS WEED SEEDS

N.J. Admin. Code § 2:21-4.1 Prohibited weed seed

(a) The prohibited noxious weed seeds shall be the seeds of the following plants:

Bindweed--Convolvulus arvensis L.;
Hedge bindweed--Convolvulus sepium L.;
Quackgrass--Agropyron repens L. Beauv.;
Canada thistle--Cirsium arvense L. Scop.;
Horse nettle--Solanum carolinense L.; and
Purple loosestrife--Lythrum salicaria L.

(b) No prohibited noxious weed seed shall be allowed in agricultural, vegetable, flower, tree, shrub or lawn and turf seed. A seed lot containing prohibited noxious weed seed shall be in violation of the New Jersey Seed Law, N.J.S.A. 4:8-17.16(d).

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).
Amended by R.2003 d.378, effective 10/6/2003.
See: 34 New Jersey Register 3449(a), 35 New Jersey Register 4711(b).
In (a), added 6.

N.J. Admin. Code § 2:21-4.2 Restricted weed seed in agricultural, vegetable, flower, or shrub seed

(a) The restricted noxious weed seeds shall be the seeds of the following plants when occurring in agricultural, vegetable, flower, or shrub seed and mixtures of such seed:

Dodder--Cuscuta spp.;
Corn cockle--Agrostemma githago L.;
Wild garlic--Allium vineale L.;
Wild onion--Allium canadense L.;
Cheat--Bromus secalinus L.;
Bermuda grass--Cynodon dactylon L. Pers.;
Johnsongrass, perennial sweet Sudangrass, Sorghum almum and hybrids derived therefrom--Sorghum spp., perennial;
Spurred anoda--Anoda cristata;
Giant ragweed--Ambrosia trifida; and
Bur cucumber--Sicyos angulatus.

(b) Restricted noxious weed seed present in a seed lot shall be listed on the label under the heading "Noxious weed seed". The name and number of seed per pound or ounce shall be declared. No deviation from the labeled amount shall be allowed for a seed lot containing restricted noxious weed seed. The terms "Free" and "None" shall mean that no noxious weed seed was found in a test conducted using methods established by the Association of Official Seed Analysts.

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-4.3 Restricted noxious weed seed in lawn and turf seed and mixtures

(a) Seeds of the following plants shall be considered restricted noxious weeds and shall be listed on the tag or label under the heading "Undesirable grass seed" or "Noxious Weed Seed" by name and number per pound or ounce when present in lawngrasses:

Bermudagrass, Cynodon spp.;
Annual bluegrass, Poa annua;
Rough bluegrass, Poa trivalis;
Bentgrass, Agrostis spp. (including, but not limited to, creeping, colonial, velvet, and redtop);
Meadow fescue, Festuca pratensis;
Tall fescue, Festuca arundinaceae;
Orchardgrass, Dactylis glomerata;
Timothy, Phlem pratense; and
Velvetgrass, Holcus lanatus.

(b) The requirements of paragraph (a) above shall not apply to the seeds of plants in (a)3, 4, 5 and 6 above when present in amounts of five percent or more, by weight, of the mixture.

(d) The restricted noxious weed seed set forth in (a) above shall not apply to grasses or mixtures clearly labeled for:

Pasture;

Forage;
Hay;
Conservation; or
Soil bank reclamation usage.

History

New Rule, R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

Subchapter 5 GERMINATION STANDARDS FOR VEGETABLE SEEDS

N.J. Admin. Code § 2:21-5.1 Germination standards for vegetable seeds

Germination standards for vegetable seeds including hard seeds shall be those as indicated:

| % | | | --- | --- | | Anise | 50 | | Artichoke | 60 | | Asparagus | 70 | | Asparagus bean | 75 | | Basil, sweet | 60 | | Bean, garden | 70 | | Bean, lima | 70 | | Bean, runner | 75 | | Beet | 65 | | Borage | 70 | | Broadbean | 75 | | Broccoli | 75 | | Brussels sprouts | 70 | | Cabbage | 75 | | Caraway | 55 | | Cardoon | 60 | | Carrot | 55 | | Cauliflower | 75 | | Celeriac | 55 | | Celery | 55 | | Chard, Swiss | 65 | | Chervil | 65 | | Chicory | 65 | | Chinese cabbage | 75 | | Chives | 50 | | Citron | 65 | | Collards | 80 | | Coriander | 70 | | Corn, sweet | 75 | | Cornsalad | 70 | | Cowpea | 75 | | Cress, garden | 75 | | Cress, upland | 60 | | Cress, water | 40 | | Cucumber | 80 | | Dandelion | 60 | | Dill | 60 | | Eggplant | 60 | | Endive | 70 | | Fennell, Florence | 60 | | Fennel, sweet | 50 | | Kale | 75 | | Kale, Chinese | 75 | | Kohlrabi | 75 | | Leek | 60 | | Lettuce | 80 | | Marjoram, sweet | 50 | | Muskmelon | 75 | | Mustard | 75 | | Mustard, spinach | 75 | | Okra | 50 | | Onion | 70 | | Onion, Welsh | 70 | | Pak-choi | 75 | | Parsley | 60 | | Parsnip | 60 | | Pea | 80 | | Pepper | 55 | | Pumpkin | 75 | | Radish | 75 | | Rhubarb | 60 | | Roquette | 60 | | Rutabaga | 75 | | Sage | 60 | | Salsify | 75 | | Savory, summer | 55 | | Sorrel | 65 | | Soybean | 75 | | Spinach | 60 | | Spinach, New Zealand | 40 | | Squash | 75 | | Thyme | 50 | | Tomato | 75 | | Tomato, husk | 50 | | Turnip | 80 | | Watermelon | 70 | | All other kinds | 50 |

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-5.2 Vegetable seeds unfit for planting

Vegetable seeds will be considered to be unfit for planting if the germination percentage obtained in a standard laboratory test is less than 2/3 of the germination standard for the kind in question specified in these rules and regulations.

Subchapter 6 GERMINATION STANDARDS FOR FLOWER SEEDS

N.J. Admin. Code § 2:21-6.1 Germination standards for flower seeds

Germination standards for flower seeds including hard seeds when marked with an asterisk shall be those indicated below:

| % | | | --- | --- | | African daisy--Dimorphotheca aurantiaca | 55 | | African violet--Saintpaulia spp. | 30 | | Ageratum--Ageratum mexicanum | 60 | | Alyssum--Alyssum compactum, A. Maritimum, A. procumbens, A. | 60 | | saxatile | | | Anemone--Anemone coronaria, A. pulsatilla | 55 | | Angel's trumpet--Datura arborea | 60 | | Arabis--Arabis alpina | 60 | | Aster, China--Callistephus chinensis, except Pompon, | 55 | | Powderpuff, and Princess types | | | Aster, China--Callistephus chinensis, Pompon, Powderpuff and | 50 | | Princess types | | | Aubrietia--Aubrietia deltoides | 45 | | Baby Smilax--Asparagus asparagoides | 25 | | Balsam--Impatiens balsamina | 70 | | Calendula--Calendula officinalis | 65 | | California poppy--Eschscholtzia californica | 60 | | Calliopsis--Coreopsis bicolor, C. drummondi, C. elegana | 65 | | Campanula: | | | Canterbury bells--Campanula medium | 60 | | Cup and Saucer bellflower--Campanula medium calycanthema | 60 | | Carpathian bellflower--Campanula carpatica | 50 | | Peach bellflower--Campanula persicafolia | 50 | | Candytuft, annual--Iberis amara, I. umbellata | 65 | | Candytuft, perennial--Iberis gibraltarica, I. sempervirens | 55 | | * Castor bean--Ricinus communis | 60 | | Cathedral bells--Cobaea scandens | 65 | | Celosia--Celosia argentea | 65 | | Centaurea: Basket flower--Centaurea american, Cornflower--C. | 60 | | cyanus, Dusty Miller--C. candidissima, Royal centaurea--C. | | | imperialis, sweet sultan--C. moschata, Velvet centaures--C. | | | gymnocarpa | | | Chinese forget-me-not--Cynoglossum amabile | 55 | | Chrysanthemums, annual--Chrysanthemum carinatum, C. Coronarium, | 40 | | C. segetum | | | Clarkia--Clarkia elegans | 65 | | Cleome--Cleome gigantea | 65 | | Columbine--Aquilegia spp. | 50 | | Coral bells--Heuchera sanguinea | 55 | | Coreopsis, perennial--Coreopsis lanceolate | 40 | | Cosmos: Sensation, Mammoth and Crested types--Cosmos | 65 | | bipinnatus: Klondike type--C. sulphureus | | | Dahlia--Dahlia spp. | 55 | | Daylily--Hemerocallus spp. | 45 | | Delphinium, perennial: Belladonna and Bellamosum types; | 55 | | Cardinal larkspur--Delphinium cardinale; Chinensis types; | | | Pacific Giant, Gold Medal and other hybrids of D. elatum | | | Dianthus: | | | Carnation--Dianthus caryophyllus | 60 | | China pinks--Dianthus chinensis, Heddewigi, Heddensis | 70 | | Grass pinks--Dianthus plumarius | 60 | | Maiden pinks--Dianthus deltoides | 60 | | Sweet William--Dianthus barbatus | 70 | | Sweet Wivelsfield--Dianthus allwoodi | 60 | | Dracena--Dracena indivisa | 55 | | Dragon tree--Dracaena draco | 40 | | English daisy--Bellis perennis | 55 | | Flowering maple--Abutilon spp. | 35 | | Foxglove--Digitalis spp. | 60 | | Gaillardia, annual--Gaillardia pulchella, G. picta; perennial | 45 | | G. grandiflora | | | Geum--Geum spp. | 55 | | Gilia--Gilia spp. | 65 | | Godetia--Godetia amoena, G. grandiflora | 65 | | Gourds: Yellow flowered--Cucurbita pepo: | 70 | | White-flowered--Lagen aria sisceraria; Dishcloth--Luffa | | | cylindrica | | | Gypsophila: annual baby's breath--Gypsophila elegans; | 70 | | perennial baby's breath--G. paniculata, G. pacifica, G. repens | | | Helichrysum--Helichrysum monstrosum | 60 | | Heliotrope--Heliptropum spp. | 35 | | * Hollyhock--Althea rosea | 65 | | Ipomea: Cypress--Ipomea quamoelit; Moonflower--I. noctiflora; | 75 | | Morning glories, Cardinal climber, Hearts and Honey | | | vine--Ipomea spp. | | | Job's tears--Coix lacrymajobi | 70 | | Kochia--Kochia childsi | 55 | | Larkspur, annual--Delphinium ajacis | 60 | | Lantana--Lantana camera, L. hybrida | 35 | | Linaria--Linaria spp. | 65 | | Lobelia, annual--Lobelia crinus | 65 | | Lunaria, annual--Lunaria annua | 65 | | * Lupine--Lupinus spp. | 65 | | Marigold--Tagetes spp. | 65 | | Marvel of Peru--Mirabilis jalapa | 60 | | Mignonette--Reseda odorata | 55 | | Myosotis--Myosotis alpestris, M. oblongata, M. pulastris | 50 | | Nasturtium--Tropacolum spp. | 60 | | Nemesia--Nemesia spp. | 65 | | Nemophila--Nemophila insignis | 70 | | Nicotiana--Nicotiana affinis, N. sanderae, N. sylvestris | 65 | | Nierembergia--Nierembergia spp. | 55 | | Nigella--Nigella damascena | 55 | | Pansy--Viola tricolor | 60 | | Penstemon--Penstemon barbatus, P. grandiflorus, P. Laevigatus, | 60 | | P. pubsecens | | | Petunia--Petunia spp. | 45 | | Phacelia--Phacelia campanularia, P. minor, P. tenacetifolia | 65 | | Phlox, annual--Phlox drummondi all types and varieties | 55 | | Physalis--Physalis spp. | 60 | | Ponytail--Beaucarnea recurvata | 40 | | Poppy: Shirley poppy--Papaver rhoeas; Iceland poppy--P. | 60 | | nudicaule; Oriental poppy--P. orientale; Tulip poppy--P. | | | glaucum | | | Portulaca--Portulaca grandiflora | 55 | | Salpiglossis--Salpiglossis gloxinaeflora, S. sinuata | 60 | | Salvia--Scarlet sage--Salvia solendens: Mealycup sage (blue | 50 | | bedder)--S. Farinacea | | | Saponaria--Saponaria ocymoides, S. vaccaria | 60 | | Scabiosa, annual--Scabiosa atropurpurea | 50 | | Scabiosa, perennial--Scabiosa caucasica | 40 | | Schizanthus--Schizanthus spp. | 60 | | Shasta Daisy--Chrysanthemum maximum, C. leucanthemum | 65 | | Silk oak--Grevillea spp. | 25 | | Snapdragon--Antirrhinum spp. | 55 | | Solanum--Solanum spp. | 60 | | Stocks: Common--Mathiola incana; Evening scented--M. bicornis | 65 | | Sunflower--Helianthus spp. | 65 | | Sunrose--Hilianthemum spp. | 30 | | * Sweet pea, annual and perennial other than dwarf | 75 | | bush--Lathyrus odoratus, L. latifolius | | | * Sweet pea, dwarf bush--Lathyrus odoratus | 65 | | Thunbergia--Thunbergia alata | 60 | | Torch flower--Tithonia speciosa | 70 | | Tritoma--Kniphofia spp. | 65 | | Verbena, annual--Verbena hybrida | 35 | | Vinca--Vinca rosea | 60 | | Viola--Viola cornuta | 55 | | Wallflower--Cheiranthus allioni | 65 | | Zinnia (except linearis and creeping)--Zinnia angustifolia, Z. | 65 | | elegans, Z. grandiflora, Z. gracillima, Z. haegeana, Z. | | | multiflora, Z. pumilla | | | Zinnia, linearis and creeping--Zinnia linearis, Salvitalis | 50 | | procumbens | |

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-6.2 Flower seeds unfit for planting

Flower seeds shall be considered unfit for planting if the germination percentage is less than two thirds of the germination standard for the kind in question as specified in this subchapter. A mixture of kinds of flower seeds shall be considered unfit for planting if the germination of any kind or combination of kinds, constituting 25 percent or more of the mixture by number is less than two thirds the standard for the kind or kinds involved.

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

Subchapter 7 FEES FOR SEED TESTING

N.J. Admin. Code § 2:21-7.1 Free testing for New Jersey residents

Any New Jersey resident actively engaged in the commercial production of agricultural or horticultural products and not engaged in the business of a wholesale seedsman or seed conditioner will be allowed two free germination tests by the State Seed Laboratory each fiscal year July 1, to June 30, based on the published list of fees at N.J.A.C. 2:21-7.2.

History

Amended by R.1991 d.400, effective 8/5/1991.
See: 23 New Jersey Register 1231(a), 23 New Jersey Register 2330(a).
Increased from $ 10.00 to $ 25.00 worth of free testing.
Amended by R.1996 d.402, effective 8/19/1996.
See: 28 N.J.R 2818(a), 28 New Jersey Register 3916(a).

N.J. Admin. Code § 2:21-7.2 Charges for testing

(a) For all samples submitted the following charges will be assessed:

| 1. Germination test | $ 10.00 per sample; | | --- | --- | | 2. Purity test | $ 30.00 per hour; | | 3. Noxious weed test | $ 15.00 per sample; | | 4. Vigor test | $ 15.00 per sample; | | 5. Viability--Tetrazolium test | $ 30.00 per hour; | | 6. Varietal identification | $ 100.00 per sample; | | 7. Mycotoxin test | $ 15.00 per test; | | 8. Other tests | $ 30.00 per hour. |

(b) Fees for testing shall be waived for Federal or State agencies, local governments and park commissions.

History

Amended by R.1991 d.400, effective 8/5/1991.
See: 23 New Jersey Register 1231(a), 23 New Jersey Register 2330(a).
Increased fees for testing.
Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).
Amended by R.2001 d.266, effective 8/6/2001.
See: 33 New Jersey Register 1493(a), 33 New Jersey Register 2640(a).
In (a), inserted 7 and recodified former 7 as 8.

N.J. Admin. Code § 2:21-7.3 Fees due; method of payment

(a) Fees are due when a sample is accepted for testing. Acknowledgements of receipt of samples are accompanied by a statement of charges and it is expected that payment will be made upon receipt of statement.

(b) Additional tests shall not be made for persons who have not paid for previous testing services promptly.

History

Amended by R.1991 d.400, effective 8/5/1991.
See: 23 New Jersey Register 1231(a), 23 New Jersey Register 2330(a).
Recodified from N.J.A.C. 2:21-7.4 by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).
Former section, "Charges for seed mixtures and other tests", repealed.

N.J. Admin. Code § 2:21-7.4 Reserved

History

Recodified to N.J.A.C. 2:21-7.3 by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).
Section was "Fees due; method of payment".

Subchapter 8 PROCEDURES FOR SUBMITTING SAMPLES

N.J. Admin. Code § 2:21-8.1 Samples submitted before February 1

(a) Samples representing seed to be planted in the spring, should be submitted to the seed laboratory after September but before February 1.

(b) After January the laboratory must give top priority to a heavy load of official samples and handles service samples only as time permits.

N.J. Admin. Code § 2:21-8.2 Rejecting samples

Since the quota of service samples must be limited to the time and space available, the right must be reserved to reject samples on the basis of when they are submitted.

N.J. Admin. Code § 2:21-8.3 Samples to be representative

(a) Seed test reports apply only to the sample submitted.

(b) Samples should be representative of the lots from which they are taken.

N.J. Admin. Code § 2:21-8.4 Relevant information on samples

(a) Samples should bear the name of the seed as well as the name and address of the sender.

(b) The kind of test desired should be stated and also whether the seed is for sale or the test is for guidance in planting.

N.J. Admin. Code § 2:21-8.5 Requesting test on seed previously analyzed

When requesting a test on seed that has been previously analyzed, a copy of this analysis should accompany the sample as well as the reason for requesting a new analysis.

N.J. Admin. Code § 2:21-8.6 Minimum seeds required for testing

At least 800 seeds should be submitted for a germination evaluation. A standard germination test requires 400 seeds and another 400 seeds are needed in the event that a retest is necessary.

N.J. Admin. Code § 2:21-8.7 Noxious weed examination included in purity analysis

A New Jersey noxious weed examination is included as part of the purity analysis on all seeds submitted for analysis, including lawn seed.

History

Amended by R.1996 d.402, effective 8/19/1996.
See: 28 New Jersey Register 2818(a), 28 New Jersey Register 3916(a).

Subchapter 9 SEED IN HERMETICALLY SEALED CONTAINERS

N.J. Admin. Code § 2:21-9.1 Moisture content of seed

(a) Seed in an herm basis, as listed below:

| 1. | Agricultural seeds | Percent moisture | | --- | --- | --- | | Beet, Field | 7.5 | | | Beet, Sugar | 7.5 | | | Bluegrass, Kentucky | 6.0 | | | Clover, Crimson | 8.0 | | | Fescue, Red | 8.0 | | | Ryegrass, Annual | 8.0 | | | Ryegrass, Perennial | 8.0 | | | All others | 6.0 | | | Mixture of above | 8.0 | | | 2. | Vegetable seeds | Percent moisture | | Bean, Garden | 7.0 | | | Bean, Lima | 7.0 | | | Beet | 7.5 | | | Broccoli | 5.0 | | | Brussels Sprouts | 5.0 | | | Cabbage | 5.0 | | | Carrot | 7.0 | | | Cauliflower | 5.0 | | | Celeriac | 7.0 | | | Celery | 7.0 | | | Chard, Swiss | 7.5 | | | Chinese Cabbage | 5.0 | | | Chives | 6.5 | | | Collards | 5.0 | | | Corn, Sweet | 8.0 | | | Cucumber | 6.0 | | | Eggplant | 6.0 | | | Kale | 5.0 | | | Kohlrabi | 5.0 | | | Leek | 6.5 | | | Lettuce | 5.5 | | | Muskmelon | 6.0 | | | Mustard, India | 5.0 | | | Onion | 6.5 | | | Onion, Welsh | 6.5 | | | Parsley | 6.5 | | | Parsnip | 6.0 | | | Pea | 7.0 | | | Pepper | 4.5 | | | Pumpkin | 6.0 | | | Radish | 5.0 | | | Rutabaga | 5.0 | | | Spinach | 8.0 | | | Squash | 6.0 | | | Tomato | 5.5 | | | Turnip | 5.0 | | | Watermelon | 6.5 | | | All others | 6.0 | |

N.J. Admin. Code § 2:21-9.2 Labeling for hermetically sealed seed

(a) The container of hermetically sealed seed shall be labeled conspicuously in not less than eight-point type to indicate:

That the container is hermetically sealed.

That the seed has been preconditioned as to moisture content; and
The calendar month and year in which the germination test was completed.

(b) In addition to the requirements of (a) above, the container shall be labeled in accordance with all applicable requirements and standards set forth in N.J.S.A. 4:18-17.14 through 17.16 and this chapter.

Subchapter 10 PENALTIES; VIOLATIONS

N.J. Admin. Code § 2:21-10.1 Penalties for violations

Any person who shall violate any of the provisions of N.J.S.A. 4:8-17.29 or the orders, rules and regulation of the State Board of Agriculture as adopted in this chapter, pursuant to N.J.S.A. 4:8-17.29, or who prevents or hinders a representative of the Department of Agriculture in performing his or her duty under N.J.S.A. 4:8-17.29, shall be deemed guilty of a violation and shall pay a penalty of not less than $ 500.00 nor more than $ 1,000 for the first offense, and not less than $ 1,000 nor more than $ 5,000 for the second, or each subsequent offense committed within a 12-month period. These penalty amounts supersede the penalty amounts set forth by N.J.S.A. 4:8-17.29 as of July 21, 2003.

Chapter 23 LYMANTRIA DISPAR DISPAR

Subchapter 1 VOLUNTARY SUPPRESSION PROGRAM

N.J. Admin. Code § 2:23-1.1 Applicability

The conditions in this subchapter are applicable to voluntary participants in the Lymantria dispar dispar suppression program.

History

Amended by 54 N.J.R. 1165(a), effective 6/20/2022

N.J. Admin. Code § 2:23-1.2 Spray priorities

(a) If it becomes necessary to protect trees in residential and recreational areas, the following set of priorities have been established by the Department of Agriculture:

Forested communities with at least 10 homes per 50 acres, defoliated once, and expecting heavy defoliation the following spring.
Municipal and county recreational areas defoliated once, and expecting heavy defoliation the following spring.
Forested communities with five homes per 50 acres defoliated once, and expecting heavy defoliation the following spring.
Forested communities with at least 10 homes per 50 acres, or recreational areas not defoliated yet but expecting heavy defoliation next spring.

Watershed areas defoliated once and expecting heavy defoliation the following spring.

Uninhabited, high-value timber forests defoliated once and expecting heavy defoliation next spring.

History

Amended by R.1993 d.305, effective 6/21/1993.
See: 25 New Jersey Register 1627(a), 25 New Jersey Register 2686(a).

N.J. Admin. Code § 2:23-1.3 Local government participation

(a) Spraying will only be done on a voluntary basis with local governments that agree to fully accept the following conditions for participation in their aerial spray program:

Request, in writing, an egg mass survey to determine status of the Lymantria dispar dispar infestations in residential and recreational forests.
Arrange for financing the total cost of treatments and make contractual agreement with the spray vendor, either provided by the State or obtained by local bidding.
Assist in the administration and coordination of the spray programs, providing a town coordinator and all necessary labor to mark spray block boundaries.
Adopt a resolution declaring the Lymantria dispar dispar a "Public Nuisance." The public must be notified in advance, pursuant to the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-9, of the date, time, and place that the Lymantria dispar dispar resolution will be discussed. A copy of this notice must be sent to the Department of Agriculture.
Notify to the occupants by a properly served notification of the intent of the spray program. Spraying will only be done between the hours of 5:30 A.M. to 2:00 P.M., and 5:00 P.M. to 8:00 P.M. Each school district, within a participating municipality, shall agree upon and designate a normal student commuting time, not to exceed one hour, during which no spraying will be performed. In the event that the proposed spray area(s) encompass more than one school district in the municipality, the municipal governing body shall designate the one-hour spray shut down time, with the approval of the affected school districts. Failure of the affected school districts to approve the designated shut down time shall result in the ineligibility of the municipality to participate in the aerial spray program.
A "contact" person(s) shall be selected by the municipality so that residents may call to obtain the latest information on the aerial spray application, especially if spraying is postponed. The telephone number of the "contact" person shall be made known to the town residents.
Notify all affected school districts and bordering municipalities by first class mailing at least 21 days prior to the proposed date of treatment outlining the proposed treatment date, material to be used, along with the name and phone number of a local municipal contact person to answer further questions concerning the spray operations.
In addition to the resolution, a responsible municipal official shall certify to the Department of Agriculture that these notices have been served. No work will begin until certification is filed with the Department of Agriculture.
To give, on behalf of the Department of Agriculture, the notices required by N.J.A.C. 2:23-1.5.
Submit to the Department of Agriculture a copy of the spray vendor's invoice and proof of payment within 60 days following the Statewide completion of the Lymantria dispar dispar aerial suppression program.

History

Amended by R.1988 d.323, effective 7/18/1988.
See: 20 New Jersey Register 845(a), 20 New Jersey Register 1688(a).
Deleted "between 7:30 A.M. and 8:30 P.M." and substituted "during normal student ... local school district".
Amended by R.1993 d.305, effective 6/21/1993.
See: 25 New Jersey Register 1627(a), 25 New Jersey Register 2686(a).
Amended by R.1996 d.464, effective 10/7/1996.
See: 28 New Jersey Register 3207(a), 28 New Jersey Register 4417(a).
Amended by R.2003 d.219, effective 5/19/2003.
See: 35 New Jersey Register 495(a), 35 New Jersey Register 2175(a).
In (a), substituted "2:00 P.M." for "12:00 Noon" in the second sentence, deleted the third sentence and rewrote the fourth sentence in 5, added 7 and recodified former 7 through 9 as 8 through 10.

N.J. Admin. Code § 2:23-1.4 The Department of Agriculture participation

(a) If any of the conditions contained in N.J.A.C. 2:23-1.3 are not adhered to by the local government, the Department of Agriculture will not participate in the program.

(b) If the conditions in N.J.A.C. 2:23-1.3 are met, the Department agrees to:

Conduct surveys to determine the size and location of areas requiring treatment. Biological evaluation of all proposed treatment areas will be performed before insecticide application is initiated.
Develop spray contracts and contact reputable applicators for competitive bidding.
Select the most efficacious non-chemical insecticide (Bacillus thuringiensis), specify types of application aircraft, and specify proper timing of aerial application depending on foliage size (about 30 percent of full leaf expansion of the majority of oak species found in the proposed spray block), larval size (about 1/2 inch), air temperatures greater than 39 and less than 81 degrees Fahrenheit, no precipitation forecast for four hours of adequate drying time immediately following spray application, and winds under 10 miles per hour.
Inform all participating local governments of the date of Statewide completion of the suppression program. This notification shall be provided in writing within 10 days of Statewide completion of the suppression program and shall serve as official notification to the local government of completion of the aerial suppression program.
Request financial assistance for local governments to reduce treatment costs.
Assist in the administration and coordination of the program.
If personnel are available, monitor the aerial application of the specified insecticide, inspect mixing equipment and spray aircraft to ensure that the specified dosage rate is applied.

History

Amended by R.1993 d.305, effective 6/21/1993.
See: 25 New Jersey Register 1627(a), 25 New Jersey Register 2686(a).
Amended by R.1996 d.464, effective 10/7/1996.
See: 28 New Jersey Register 3207(a), 28 New Jersey Register 4417(a).

N.J. Admin. Code § 2:23-1.5 Notification requirements

(a) Pursuant to N.J.S.A. 4:7-39, proper notification of all occupants who reside on the lands selected for treatment is required by doing the following:

Two newspaper notices are required to be placed in two newspapers having the best likelihood of informing the public. One notice is to be posted in the legal section and the other posted as a display ad. Both notifications shall appear at least seven days apart, the first of which shall be no earlier than 21 days prior to the proposed date of treatment or other action, and the second of which shall, be no later than seven days prior to the proposed date thereof. All newspaper notifications shall contain the necessary information specified by the New Jersey Department of Environmental Protection's Community and Area Wide Pesticide notification requirements found at N.J.A.C. 7:30-9.1 0 through 9.16;
Mailing a notice by regular first class mail to the occupant of each affected parcel of property not later than 10 days prior to the proposed date of treatment or other action; and
Mailing a notice by first class mail to all bordering school districts and municipalities no later than 21 days prior to the proposed date of treatment or other action. This mailing shall include the proposed treatment date, the material to be used and the name and phone number of a local municipal contact person to answer questions concerning the spray operation.

History

Amended by R.2003 d.219, effective 5/19/2003.
See: 35 New Jersey Register 495(a), 35 New Jersey Register 2175(a).
In (a), rewrote 1 and added 3.

N.J. Admin. Code § 2:23-1.6 Reserved

History

Repealed by R.1993 d.305, effective 6/21/1993.
See: 25 New Jersey Register 1627(a), 25 New Jersey Register 2686(a).
Section was "Beekeepers".

Chapter 24 DISEASES OF BEES AND BEEKEEPING ACTIVITIES

Subchapter 1 DEFINITIONS

N.J. Admin. Code § 2:24-1.1 Definitions

As used in this chapter, the following words and terms shall have the following meanings:

"Adequate source of water" means a constant and continuous source(s) of water provided by the beekeeper, or naturally available, on the same property as the hives.

"Adjoining property" means any property that shares any boundary with the property upon which the subject apiary is located.

"Apiary" means one or more hives (each containing a colony) of honeybees that are kept at a single location. The property where the hive(s) are located may or may not be owned by the owner of the hives. If used for overwintering hives, apiaries must be registered pursuant to N.J.A.C. 2:24-3.1.

"Bee" means members of the genus Apis.

"Beekeeper" means any person or entity who owns and engages in the breeding or keeping of honeybee hive or hives.

"Certified and licensed responsible pesticide applicator" means any responsible pesticide applicator who is certified and licensed pursuant to the provisions of either N.J.A.C. 7:30-6, Commercial Pesticide Applicators, or N.J.A.C. 7:30-8, Private Pesticide Applicators.

"Colony" means an aggregate of bees, the hive, and associated equipment, including honeybees, comb, pollen, and brood.

"Commercial beekeeper" means:

A beekeeping operation that overwinters hives and produces honey or other agricultural or horticultural apiary-related products;
Provides crop pollination services, worth $ 10,000 or more annually; and/or
Otherwise qualifies as a commercial farm pursuant to the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., as amended and supplemented.

"Commercial pesticide operator" means any person who applies pesticides by equipment other than aerial under the direct supervision of a responsible commercial pesticide applicator.

"Consignee" means the receiver of any bees or equipment shipped into New Jersey.

"Department" means the New Jersey Department of Agriculture.

"Deep frame" means a moveable frame designed to fit a standard 9 5/8 inch tall hive.

"Divide" or "split" means bees and brood on drawn frames, with or without a queen. The number of frames, and the ratio of brood to honey or pollen, may vary, but never exceeds 10 frames.

"Equipment" means hive parts, bee-related tools and extracting or wax rendering appliances.

"Governing authority" means the Department or its designee or, if the Department delegates authority to a municipality, the governing body of the municipality or its designee as approved by the Department pursuant to N.J.A.C. 2:24-7.4

"Hive" means the manmade structure with removable frames intended for the housing of and that contains a colony of honey bees.

"Hive identification" means a mark that has been branded, engraved, painted, or written with permanent marker on each hive(s) and that shall be a name, number, initials, or image.

"Hobbyist beekeeper" means one who engages in beekeeping and may gift or sell apiary products involving the bees or apiary products, who is not a commercial beekeeper.

"Man-made native bee hive" means a tube or other apparatus in which bees may nest and that is installed to attract native bees.

"Migratory commercial beekeeper" means a commercial beekeeper who moves his or her hives to different locations in New Jersey and/or to different states throughout the seasons to facilitate pollination of feed crops and take advantage of nectar flows, but who does not overwinter the hives in New Jersey and is not required to register pursuant to N.J.A.C. 2:24-3.1.

"Native bee" means a bee of a species that is native to the State and does not produce honey, but provides for the pollination of crops or plants, or other agricultural, environmental, or horticultural benefits.

"Nucleus" means a small honeybee hive with between three to five deep frames, or their equivalent, in the box and no supers attached.

"Nuc box" is a small box commonly used by beekeepers to house a nucleus.

"Overwintering" means keeping hives within New Jersey from November through March.

"Package" means a group of bees, with or without a queen, shipped without comb in a wire cage.

"Pesticide applicator" means any person who is required to be certified and registered pursuant to the provisions of either N.J.A.C. 7:30-6, Commercial Pesticide Applicators, or N.J.A.C. 7:30-8, Private Pesticide Applicators.

"Private pesticide applicator" means any person who uses or supervises the use of any pesticide for the purposes of producing any agricultural commodity on property owned or rented by him or her or his or her employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.

"Queen" means the female reproductive caste of the honey bee. These normally are shipped in small individual cages and are often accompanied by up to a half dozen sterile workers as attendants.

"Responsible pesticide applicator" means any individual who is accountable for the use of a pesticide by himself or herself or any person under his or her direct supervision.

"Scale" means the remains of an immature bee that has died from the American foulbrood disease.

"Secretary" means the Secretary of Agriculture or an authorized designee.

"Seller" means any person or business entity which offers for sale queens, packages or divides into or within New Jersey or to New Jersey residents.

"Shipper" means any person or business entity that ships or dropships queens, packages, or divides into New Jersey or to New Jersey residents.

"Super" refers to any hive body or smaller box used for the storage of surplus honey that is placed over or above the brood chamber

"Swarming" refers to the natural methodof propagation of the honeybee colony where a portion of the colony leaves looking for a new location.

"Undeveloped tract of land" means anyland that is not improvedor actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities, or other structures or improvements intended for human use and occupancy, and the grounds maintained in association therewith

History

Amended by 51 N.J.R. 577(a), effective 5/6/2019

Subchapter 2 SHIPMENT OF BEES INTO NEW JERSEY

N.J. Admin. Code § 2:24-2.1 Regulated articles

Bees of the genus Apis, in any life stage, fresh or frozen bee sperm, used equipment, unprocessed comb, and any other product, article or means of conveyance of any character whatsoever, which when determined by the Department of Agriculture presents the risk of the spread of any contagious and infectious disease, arthropod pest or condition as determined by the Department of Agriculture, shall be permitted importation only if in compliance with N.J.A.C. 2:24-2.2 through 2.5.

History

Amended by R.1995 d.200, effective 4/3/1995.
See: 27 New Jersey Register 5(a), 27 New Jersey Register 1400(a).

N.J. Admin. Code § 2:24-2.2 Entities with apiary inspection services

(a) No colony, nucleus of bees, used apiary equipment coming from a state or country having an apiary inspection service shall be permitted into New Jersey unless accompanied by a valid certificate of inspection from the exporting state or country stating that the bees or equipment are apparently free from the conditions listed in N.J.A.C. 2:24-2.1 and that the bees are not Africanized bees derived from the African subspecies (Apis mellifera scutellata) and free from the characteristics identifiable therewith in accordance with N.J.A.C. 2:24-3.1.

(b) No certificate of inspection shall be honored unless a brood nest inspection was made no more than 60 days prior to shipment from the site the bees were immediately prior to shipment into New Jersey. Inspections shall be conducted in the manner prescribed at N.J.A.C. 2:24-4.

The inspection date and percentage of inspection for American foulbrood, the percentage sampled for Varroa mites, if available and the sampling method with the results, must be shown on the inspection certificate.

(d) No certificate of inspection shall be honored by the New Jersey Department of Agriculture on any colonies infected with American foulbrood. If an examination of the bees is undertaken pursuant to N.J.A.C. 2:24-2.1, the certificate of inspection will not be honored unless the findings of the examination are supplied.

(e) No certificate shall be honored unless the sampling procedure is done in accordance to a sampling standard of the industry, or U.S. Department of Agriculture, and recognized by the New Jersey Department of Agriculture.

(f) The certificate of inspection must be received prior to entrance into New Jersey by the:

Director, Division of Plant Industry

New Jersey Department of Agriculture

PO Box 330

Trenton, NJ 08625-0330

Phone (609) 406-6939

Fax (609) 406-6960

History

Amended by R.1995 d.200, effective 4/3/1995.
See: 27 N.J.R. 5(a), 27 N.J.R. 1400(a).
Amended by R.2005 d.289, effective 9/6/2005.
See: 37 N.J.R. 1276(a), 37 N.J.R. 3284(a).
In (c), substituted "annually inspected" for "marked" and deleted the sentence "Such marks must be changed annually."
Amended by R.2012 d.163, effective 9/17/2012.
See: 43 N.J.R. 1583(a), 44 N.J.R. 2241(a).
In (a), updated the second N.J.A.C. reference; in the introductory paragraph of (b), deleted "and a Varroa mite sample taken," following "made"; deleted former (b)1; recodified former (b)2 as (b)1; in (b)1, inserted "if available"; and in (d), inserted "by the New Jersey Department of Agriculture", deleted "or from an infected area as determined by the New Jersey Department of Agriculture" following "foulbrood", and updated the N.J.A.C. reference.
Administrative change.
See: 47 N.J.R. 101(a).

N.J. Admin. Code § 2:24-2.3 Queen or package bees

(a) All apiaries shipping queen or package bees into or within New Jersey shall have recorded with the New Jersey Department of Agriculture, a valid certificate in accordance with N.J.A.C. 2:24-2.2.

(b) All sellers or shippers shall provide the Department, by February 1, of the following year, with a list, including consignee's name and address, of all queen or package shipments to New Jersey or to New Jersey residents during the preceding year (that is, January 1 through December 31).

History

Amended by 51 N.J.R. 577(a), effective 5/6/2019

N.J. Admin. Code § 2:24-2.4 Transporter

No colony, nucleus of bees or used apiary equipment coming from a state or country having apiary inspection service shall be accepted by any person or common carrier for transportation to a point within this state unless accompanied by a valid certificate of inspection stating that the bees or equipment are free of the conditions listed in N.J.A.C. 2:24-2.1 and 2:24-2.2. A copy of the certificates will be carried by the transporter and shown to the grower, apiary inspector or law enforcement personnel upon request.

History

Amended by R.1995 d.200, effective 4/3/1995.
See: 27 New Jersey Register 5(a), 27 New Jersey Register 1400(a).

N.J. Admin. Code § 2:24-2.5 Entities without apiary inspection services

A colony, nucleus of bees or used apiary equipment coming into New Jersey from a state or country having no apiary inspection service shall be immediately reported by the consignee and by the person or carrier delivering them in this state; giving the name and address of the consignee to the Department of Agriculture, which shall cause the shipment to be inspected at such time as shall be prudent and proper. Documentation of such inspection shall be issued to the owner and consignee after examination by the Department of Agriculture as to the freedom from the conditions listed in N.J.A.C. 2:24-2.1 and 2.2.

History

Amended by R.1995 d.200, effective 4/3/1995.
See: 27 New Jersey Register 5(a), 27 New Jersey Register 1400(a).

Subchapter 3 REGISTRATION OF APIARIES

N.J. Admin. Code § 2:24-3.1 Registration requirements; confidentiality and documentation

(a) All beekeepers must register and obtain a unique Apiary Inspection Service (AIS) number covering all of the beekeeper's bee yard location(s) where bees are overwintered.

(b) All beekeepers in New Jersey who overwinter their bees must register their apiary(ies) with the New Jersey Department of Agriculture Apiary Inspection Program on an annual basis.

(c) The registration application is to be submitted electronically at http://www24.state.nj.us/AGApiary/ApiaryApp or by paper and shall include the following:

The name, address, email address, and phone number of the beekeeper ;

The actual physical location of the apiaries and, if the beekeeper is not the property owner, the name, mailing address, and telephone number of the property owner;

The mark or "hive identification";
The number of hives per location;
The electronic or physical signature of the registration applicant; and
Upon initial registration, acknowledgement from the beekeeper overwintering apiaries, of the requirement that within a year prior to or after the date of the initial registration, the beekeeper shall take a beginner/general beekeeping course from either an accredited college or university, the State Apiarist, or a local beekeeping club. By the second annual registration, the beekeeper shall certify compliance with this educational requirement.

i. This education requirement shall not apply to beekeepers who have been continuously registered under the AIS system prior to May 6, 2019; or

ii. This education requirement shall not apply to beekeepers who certify they are certified as Master Beekeepers through an accredited program.

If submitted by paper, the application shall be mailed to:

Director, Division of Plant Industry

New Jersey Department of Agriculture

PO Box 330

Trenton, New Jersey 08625.

(d) The only information contained in the individual registration that shall be considered public shall be the beekeeper's name and mailing address; all other beekeeper required information shall be considered confidential.

(e) Issuance of certificate of registration. The Department shall review the application for completion and request additional information, if necessary, before issuing the certificate of registration pursuant to this section.

(f) Active registrations. The certificate of registration shall bear the date of the issuance, name of the beekeeper, description of the premises covered by the registration, and beekeeper AIS number. Every registration of apiary(ies) shall be nontransferable and shall cover the apiary (ies) and the named beekeeper AIS number.

(g) All active registrations are provided by the Department and are valid in every municipality where a registered hive is located.

(h) Expiration date. Every certificate of registration under this section shall automatically expire on the 31st day of December in the year in which it was issued.

(i) The Department shall supply the registrant, through a link to its website, with access to current New Jersey laws and rules.

History

Amended by 51 N.J.R. 577(a), effective 5/6/2019

N.J. Admin. Code § 2:24-3.2 Reserved

History

Repealed by R.1990 d.202, effective 4/2/1990.
See: 21 New Jersey Register 3045(b), 22 New Jersey Register 1116(b).

Subchapter 4 INSPECTION AND CERTIFICATION OF APIARIES

N.J. Admin. Code § 2:24-4.1 Inspection protocol

(a) Beekeepers will be notified in advance, where possible and feasible, of any potential inspection of their bees.

(b) All inspections will be conducted in accordance with the following procedures:

The minimum number of hives, as listed below, shall be physically opened and the brood nest inspected for American foulbrood:

1-10 colonies in an apiary-100 percent of the colonies

11-20 colonies in an apiary-50 percent of the colonies

21-50 colonies in an apiary-33 percent of the colonies

51 + colonies in an apiary-20 percent of the colonies

Any apiary site where American foulbrood is found shall be inspected 100 percent.
Varroa mite sampling may be conducted as a population level monitoring tool by the State Apiarist.

(c) All hives sold in New Jersey must be found by the Department to be apparently free of American foulbrood. The inspection by the Department shall be conducted within 10 working days of the request for inspection by the seller.

(d) The treatment procedure for American foulbrood infected hives within New Jersey is as follows:

The Department shall categorize the infected colonies as "treatable" for control of American foulbrood (AFB) or "non-treatable." This classification shall be at the discretion of the inspector, according to (d)2 and 3 below, although the beekeeper is invited to be present and assist during the inspection.
Procedures for "treatable" colonies shall be as follows:

i. "Treatable" colonies are those colonies with no AFB scale present.

ii. The beekeeper shall begin treatment of the remainder of the infected colony within 15 days of inspection by the Department with Terramycin or other material/method approved by the Department.

iii. The Department shall reinspect "treatable" colonies as soon after 60 days as weather conditions permit. Colonies would be under a one-year probationary period. If treatment is not successful during this one-year period, the colony would be considered non-treatable.

Procedures for "non-treatable" colonies shall be as follows:

i. "Non-treatable" colonies are those colonies that have observable AFB scale.

ii. The beekeeper shall remove and destroy by burning all wooden frames within 15 days of the initial inspection. Upon request, the Department shall assist the beekeeper in obtaining the necessary burning permits.

iii. All other hive parts shall be disposed in a landfill, destroyed by burning, treated by scorching, or rendered disease-free by any other method approved by the Department.

iv. The Department may reinspect the infected equipment as soon as possible but no sooner than 30 days after initial inspection.

(e) All colonies requiring treatment for contagious/infectious diseases or other pests are subject to quarantine by the Department. If time constraints prohibit treatment before movement, the Department, upon request from the beekeeper, may approve movement to a holding yard until treatment is commenced.

(f) The beekeeper may be subject to penalty actions as per N.J.S.A. 4:6-12 through 14 for failure to follow treatment procedures detailed above.

History

Administrative change.
See: 27 N.J.R. 2577(a).
Amended by R.1998 d.191, effective 4/20/1998.
See: 30 N.J.R. 508(a), 30 N.J.R. 1401(b).
Rewrote (d); and added (e) through (g).
Amended by R.2012 d.163, effective 9/17/2012.
See: 43 N.J.R. 1583(a), 44 N.J.R. 2241(a).
Rewrote the introductory paragraph of (a) and (b)3; in (c), deleted the second sentence; deleted former (d); recodified former (e) as (d); in (d)1, substituted "(d)2" for "(e)2"; in (d)2i, deleted "less than 10 percent AFB infection and" following "with"; deleted former (d)2ii; recodified former (d)2iii and (d)2iv as (d)2ii and (d)2iii; rewrote (d)iii; in (d)3i, substituted "that" for "which", and deleted "10 percent or more AFB infection or have" following "have"; deleted former (f); and recodified former (g) and (h) as (e) and (f).

N.J. Admin. Code § 2:24-4.2 Certification protocol

All New Jersey queen breeders, as well as sellers of splits, nucleus or divides must obtain a certificate disclosing number of Varroa mites found per sample and provide a copy of such certificate to the buyer.

History

Amended by R.2012 d.163, effective 9/17/2012.
See: 43 N.J.R. 1583(a), 44 N.J.R. 2241(a).
Rewrote the section.

Subchapter 5 TRANSPORT OF BEES

N.J. Admin. Code § 2:24-5.1 Transport requirements

(a) All hives shall be adequately secured to prevent excess movement of the hives during transport, regardless of the time of the day.

(b) No bees shall be transported into or through New Jersey between sunrise and sunset unless:

All hive openings are either blocked or covered with screening material of at least eight squares per inch mesh, or the colonies are covered with a weather-proof netting of at least eight squares per inch mesh to prevent the escape of any bees from the vehicle; or
The bees are enclosed in a refrigerated containment vehicle that maintains the bees at a constant temperature below 45 degrees Fahrenheit.

(c) Vehicles transporting bees shall not stop, except for refueling or emergencies due to accident or equipment failure, unless certified for entrance into New Jersey, under N.J.A.C. 2:24-2.2 or 2.5.

(d) The vehicle operator or other responsible person shall immediately report to the New Jersey Department of Agriculture, any release of bees, whether accidental or intentional which results during transport.

History

Amended by R.1995 d.200, effective 4/3/1995.
See: 27 N.J.R. 5(a), 27 N.J.R. 1400(a).
Amended by R.2012 d.163, effective 9/17/2012.
See: 43 N.J.R. 1583(a), 44 N.J.R. 2241(a).
Added new (a); recodified former (a) as new (b); in the introductory paragraph of (b), substituted "into" for "in", and inserted "between sunrise and sunset"; deleted former (a)1; recodified former (a)2 and (a)3 as (b)1 and (b)2; and recodified former (b) and (c) as (c) and (d).

Subchapter 6 PRESERVATION OF HONEY BEE COLONIES

N.J. Admin. Code § 2:24-6.1 Relocating honey bee colonies

(a) To preserve honey bee colonies in the State, any person including certified and licensed responsible pesticide applicators and commercial pesticide applicators and operators operating in the State shall contact the State Apiarist by phone at least 24 hours in advance of extermination of honey bees to obtain assistance in trying to relocate nuisance honey bee colonies or hanging swarms of honey bees, in lieu of destroying said honey bees. Honey bees shall not be destroyed without prior approval from the State Apiarist.

(b) In the event the State Apiarist is not reachable, any person including certified and licensed responsible pesticide applicators and commercial pesticide applicators and operators shall attempt to contact no fewer than three beekeepers identified by the New Jersey Beekeepers Association as swarm collectors servicing the affected county, in order to obtain assistance in relocating nuisance honey bee colonies or hanging swarms before nuisance honey bee colonies or hanging swarms of honey bees may be destroyed.

(c) The New Jersey Beekeepers Association maintains a website listing beekeepers offering to collect honey bee swarms and colonies inside structures at: http://cjba.njbeekeepers.org/swarms.htm.

N.J. Admin. Code § 2:24-6.2 Recordkeeping

A clear and legible written or computerized log of beekeepers contacted pursuant to N.J.A.C. 2:24-6.1 shall be maintained by any person for one year and made available for inspection upon request of the State Apiarist, or his or her representatives.

N.J. Admin. Code § 2:24-6.3 Exceptions

(a) Conditions of this subchapter do not apply to:

Commercial pesticide applications for the elimination of feral colonies of bees within either residential, commercial or institutional structures when the likelihood of exposure by persons allergic to bee venom presents a clear hazard; although any person, including certified and licensed responsible pesticide applicators, is encouraged to seek the services of a beekeeper/swarm collector specializing in collecting colonies or swarms from inside structures in non-hazardous situations;

The State Apiarist, or his or her representatives in the elimination of diseased colonies found during inspection activities;
Honey bee colonies destroyed by a beekeeper/owner in the elimination of diseased colonies found during inspection or normal apiary management activities; or
Commercial pesticide applications performed at the direction of the United States Department of Agriculture Animal and Plant Heath Inspection Service or the United States Customs and Border Protection for the elimination of suspect Africanized honey bees or other foreign species of the genus Apis .

N.J. Admin. Code § 2:24-6.4 Penalties

(a) Any person who intentionally destroys a man-made honey bee hive or hanging swarm without the approval required under this subchapter shall be liable to a civil penalty of up to $ 1,000 for each offense.

(b) Any person who intentionally destroys a man-made native bee hive shall be liable to a civil penalty of up to $ 500.00 for each offense.

(c) The penalties imposed pursuant to (a) and (b) above are to be collected by a summary proceeding under the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court and municipal court shall have jurisdiction to enforce the Penalty Enforcement Law of 1999 in connection with this action.

(d) If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. Penalties recovered for violations of this section shall be remitted to the Department of Agriculture and expended on programs to revive honey bee populations in the State.

History

Amended by 51 N.J.R. 577(a), effective 5/6/2019

N.J. Admin. Code § 2:24-7.1 General scope and applicability

(a) This subchapter is not applicable to beekeepers not overwintering any hives, migratory commercial beekeepers, or commercial beekeepers.

(b) This subchapter establishes additional apiary standards for the breeding and keeping of honey bees and related activities, not otherwise contained in this chapter.

(c) Nothing in this subchapter shall be interpreted to supersede the protections afforded by the Right to Farm Act, P.L. 1983, c. 31 (N.J.S.A. 4:1C-1 et seq.), as amended and supplemented, or to create any standards to be applied under that act.

(d) This subchapter establishes standards of administrative procedure for delegating the authority to monitor and enforce the rules adopted pursuant to this subchapter to municipalities.

(e) The apiary standards in this subchapter reflect consideration of the population densities in rural, suburban, and urban areas of the State and the densities and intensities of development and differing land uses in communities throughout the State.

(f) Notwithstanding compliance with this chapter including these apiary standards, it shall be unlawful for any beekeeper to keep any hive or hives in such a manner or of such disposition as to pose a direct threat to:

Public health and safety; or
Bee health, as determined by the State Apiarist or his or her designee.

History

Adopted by 51 N.J.R. 577(a), effective 5/6/2019

N.J. Admin. Code § 2:24-7.2 Apiary standards

(a) Colony density shall be as follows:

| Tract of Land Size | Number of Colonies Allowed | | --- | --- | | up to 1/4 Acre | 3 | | 1/2 Acre | 6 | | 3/4 Acre | 9 | | 1 Acre | 12 | | Over 1 acre | 3 per 1/4 acre not to exceed (a)² below |

Notwithstanding

(a)1 above, colony density shall not exceed 40 hives per contiguous tract of land.

For every two colonies permitted on a tract of land, there may be maintained upon the same tract one nucleus colony with no super attached from March 1st through October 31st. Any additional nucleus colony shall be moved to another location, tract, or combined with a colony on the same property within 90 days after the date made or acquired.
A beekeeper may seek permission from the governing authority to keep more hives than permissible under the requirements of this subchapter, by seeking a waiver as provided for under N.J.A.C. 2:24-7.3, Waiver.

(b) Swarming. A beekeeper shall manage all hives to limit and promptly address swarming using accepted swarm management techniques for the industry, which may include, but are not limited to, providing adequate room for colony growth, splitting, and requeening.

(c) Structure. In accordance with N.J.S.A. 4:6-10, a beekeeper shall keep all hives in manmade structures with removable frames in a sound and usable condition.

(d) Location. A beekeeper shall locate all hives a minimum of 10 feet from any property line and at least 20 feet from any roadside, sidewalk, or path.

Hives must be securely placed on level ground or secured on rooftop installations;
When hives are located on rooftops, they shall not be less than 20 feet from any area used for outdoor human activity; and
Hives are not permitted on balconies of multistory, multifamily dwelling unit buildings.

(e) Flyway barrier. When a colony is located less than 20 feet from any property line, a beekeeper shall establish a flyway barrier at least six feet in height consisting of a solid wall, fence, dense vegetation, or combination thereof that is parallel to the property line and maintain it to extend 10 feet beyond the colony in each direction, except if the property adjoining a colony is undeveloped or agriculturally utilized, when no flyway barrier is required on that side.

Notwithstanding this subsection, all flyway barriers must comply with any Federal, State, or local laws, rules, regulations, and/or ordinances.

(f) Water. A beekeeper shall provide all hives with access to adequate sources of water.

(g) Queens. A beekeeper shall select queens from Apis mellifera stock bred for gentleness and non-swarming characteristics. Queens shall be replaced within three weeks if a colony exhibits unusual defensive behavior without due provocation or exhibits an unusual disposition toward swarming.

(h) General maintenance. No bee comb or other materials that might encourage robbing by honey bees or other stinging insects shall be left upon the grounds of the apiary site in suburban and urban environments.

(i) Marking of hives. All beekeepers shall legibly mark hives with the hive identification. This hive identification shall correspond to the information provided in the apiary registration required by N.J.A.C. N.J.A.C. 2:24-3.1(b).

(j) Access. The beekeeper shall provide access to all apiaries under the beekeeper's control to inspectors from any and all governmental agencies with jurisdiction to enforce this chapter pertaining to the hives, maintenance of the hives, or disease control. Beekeepers will be notified in advance, where possible and feasible. If the beekeeper cannot be located, notice shall be to the landowner where the apiary is located.

(k) Inspection shall be conducted as follows:

The hives may be inspected as needed by the New Jersey State Apiarist or his or her designee; and
All colonies shall be managed by the beekeeper for disease and population management control no less than three times between March 1 and October 1 annually.

(l) Violations and enforcement are as follows:

A beekeeper who violates N.J.A.C. 2:24-4.1 will be subject to penalties pursuant to N.J.A.C. 2:24-4.1(f). A beekeeper who violates other sections of this chapter shall be subject first to a written warning identifying each offense with written notice of corrective action required. If corrective action is not taken within seven calendar days after the receipt of such a warning, the beekeeper may be subject to a Notice of Violation. Enforcement of a Notice of Violation may include, but is not limited to, required immediate relocation of hive(s) at the beekeeper's expense, and/or revocation of the beekeeper's certificate of registration and his or her ability to keep bees.

i. Written appeals of a Notice of Violation by the beekeeper must be received by the Department, or the applicable governing authority within 25 calendar days after constructive, or actual, receipt of the Notice of Violation by the beekeeper or landowner.

ii. Written appeals of any Notice of Violation issued by the Department should be sent to:

Director

Division of Plant Industry

New Jersey Department of Agriculture

PO Box 330

Trenton, New Jersey 08625

iii. Written appeals of any Notice of Violation issued by a governing authority shall be sent to the address provided in the Notice of Violation.

In instances where the State Apiarist is not the official issuing the Notice of Violation, enforcement of the Notice of Violation, if appealed, shall be stayed pending the adjudicative process, unless the State Apiarist, or his or her designee, determines a stay is unnecessary pending the appeal process.
Denial or revocation of registration. The Department, shall deny or revoke the certificate of registration provided pursuant to N.J.A.C. 2:24-3.1 to any registered beekeeper who does not meet the requirements of this section . A written letter of denial stating the reason(s) for the denial and/or revocation of the registration will be issued by the Department.

i. Where a governing authority has authority pursuant to P.L. 2015, c. 76, the governing authority may request the Department take action to revoke and/or deny a certification pursuant to this subsection.

Appeal of denials or revocations. Beekeeper applicants who have been denied a registration or whose certificate of registration has been denied or revoked may appeal the denial to the Department.

i. Written appeals must be received by the Department within 25 days of the date on the letter of denial or revocation received by the applicant.

ii. Written appeals should be sent to:

Director, Division of Plant Industry

New Jersey Department of Agriculture

PO Box 330

Trenton, New Jersey 08625-0330

History

Adopted by 51 N.J.R. 577(a), effective 5/6/2019

N.J. Admin. Code § 2:24-7.3 Waiver

(a) A person desirous of owning and maintaining hives in a number greater than is provided for pursuant to N.J.A.C. 2:24-7.2m ay apply to the governing authority for a colony density waiver.

(b) The applicant shall obtain a certified list of the names and addresses of all property owners within 200 feet of the apiary site(s) from the municipality's tax assessor's office.

(c) A copy of the application for colony density waiver must be provided to all property owners within 200 feet in all directions of the applicant's property by certified mail and by regular mail. Notice to a partnership owner may be made by certified mail, and by regular mail to any partner. Notice to a corporate owner may be made by certified mail, and by regular mail to its president, a vice president, secretary, or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust, or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property that is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas. Notice shall be mailed no less than 10 days prior to the scheduled date of the hearing. Proof of service to the appropriate property owners shall be presented to the governing authority at the time of the hearing.

(d) The application to the governing authority shall set forth the following:

The name and address of the applicant;

The address, lot, and block number of the property at which the applicant intends to maintain the hive(s);
If the property where the applicant intends to maintain the hive(s) is owned by another individual, express written consent by the property owner;

The nature of the waiver requested, setting forth the number of the proposed hives in excess of those allowed pursuant to N.J.A.C. 2:24-7.2(a);

A description of flyway barriers (if any);
Zoning district of the property where the hives are proposed to be kept; and
A description of the reason(s) the applicant seeks a waiver of colony density; and
The date, time, and place of the hearing before the governing authority.

(e) The governing authority may grant or deny an application for a waiver based upon a preponderance of evidence that the applicant has demonstrated good cause for the granting of such waiver. In examining whether or not a waiver should be granted, the following facts shall be considered:

The size of the property where the applicant proposes to keep hive(s);
The distance between the location of where the hive(s) is/are intended to be kept and the physical location of adjacent property owners' homes or dwelling units;
Whether the property where the hives are proposed to be kept is fenced to provide a particular type of required flyway barrier;
Whether the hive(s) for which the waiver is requested is/are the first hive(s) or are an addition to existing hive(s) on the applicant's property;
The prior history of complaints against the applicant for violation of this subchapter;
The zoning district of the property where the hives are proposed to be kept;
Whether the hive(s) serve some business purpose or the hive(s) are to be kept as a hobby; and
Other such facts as the governing authority may believe appropriate to consider according to the case and circumstances presented at the time the application is heard.

(f) Should the applicant's request for a colony density waiver be granted, the governing authority shall set the number of proposed hive(s) permitted, based on the specific facts of the situation at issue.

(g) A colony density waiver granted by the governing authority may be revoked upon proper application to the governing authority by a landowner with a particularized property interest in the hive(s) subject to a colony density waiver issued pursuant to N.J.A.C. 2:24-7.2(a). For the purposes of this subsection, a landowner with a particular property interest is any landowner within 200 feet of the applicable hive(s). An application must:

Address the facts in (e)1 through 8 above;
Be made by a person who certifies that he or she resides within, or owns property in, the municipality or within 200 feet of the hive(s) where the colony density waiver applies; and
Include certification of notice served upon the beekeeper to all landowners within 200 feet of the hive(s) by regular and certified mail of the application for revocation of the colony density waiver.

(h) The notice shall include a factual basis for the requested revocation, including a description of the compelling particularized property right of the landowner.

(i) A hearing shall be held by the governing authority on the application for revocation. The governing authority will evaluate the application for revocation of the colony density waiver based upon the same criteria set forth in this section.

(j) Any landowner served with notice of the application to revoke a colony density waiver, who may also have reason to request revocation of a colony density waiver, must join in the original action, or he or she shall be barred from bringing an action to revoke the same colony density waiver, for the period of one year.

(k) No colony density waiver shall be granted unless the beekeeper has submitted to the governing authority an inspection report from the State Apiarist, or his or her designee. The inspection report shall be submitted with the request for a colony density waiver application but no later than the hearing date scheduled for the colony density waiver application hearing.

(l) The granting of a colony density waiver shall in no way authorize the creation of an unhealthy condition and shall in no way affect the general standards upon the keeping of hive(s) as set forth in this chapter.

History

Adopted by 51 N.J.R. 577(a), effective 5/6/2019

N.J. Admin. Code § 2:24-7.4 Administrative standards for delegated municipalities

(a) Pursuant to P.L. 2015, c. 76, a municipality may pass an ordinance to adopt by reference these apiary standards (this chapter) promulgated by the Department. The ordinance shall designate the municipal office responsible for monitoring these standards.

(b) Municipalities must provide the Department copies of such ordinance(s) two weeks in advance of formal consideration of such ordinances.

(c) If a municipality that has assumed responsibility of monitoring and enforcement of this chapter finds there is a condition or circumstance in the municipality that is not resolved by this chapter, the municipality shall request guidance from the Department. The Department shall provide guidance no later than 90 days after the request is received.

Upon expiration of the 90-day period, the municipality, if it has consulted with the Department, the New Jersey League of Municipalities, the New Jersey Beekeepers Association, and the Mid-Atlantic Apiculture Research and Extension Consortium, or successor organizations with similar purposes, may adopt by ordinance a standard to address the condition or circumstance, provided that the standard reflects consideration of population density, the density and intensity of development, type of land use, and honey bee biology and behavior.

(d) Upon adoption by reference of the Department standards by municipal ordinance with actual notice to the Department, the Department shall provide the municipality with a list of registered beekeepers in the municipality pursuant to N.J.A.C. 2:24-3.1(k) and communicate to the municipality the delegation of regulatory authority to monitor and enforce apiary activities and registrant compliance with the standards.

(e) The Department shall annually submit to each municipality with authority delegated pursuant to this section, a listing of each registered bee yard, beekeeper, and the property owner, if the owner is not the beekeeper, in that municipality, including the number of bee yards registered, hives per bee yard, and bee yard(s) location(s). The listing for the current year will be provided by March 31.

(f) Covering the period between February 15 and October 15 annually, municipalities with delegated regulatory authority shall submit reports of apiary activity to the Department, as follows:

The municipality shall submit reports to the Department by May 31, August 30, and October 30;
Reports shall contain the following:

i. Number of registration applications incorrectly sent to the municipality and forwarded to the Department;

ii. Number and type of complaints from residents including complaints of swarms and/or disruptive contact of honey bees with swimming pools;

iii. Number of monitoring inspections by the municipality; and

iv. Number and type of enforcement actions taken.

History

Adopted by 51 N.J.R. 577(a), effective 5/6/2019

Chapter 25 NEW JERSEY HEMP PROGRAM RULES

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 2:25-1.1 Authority and general provisions

(a) This chapter establishes the rules for participation in the New Jersey Hemp Farming Act pursuant to P.L. 2019, c. 238, N.J.S.A. 4:28-1 et seq., and the Federal Agriculture and Nutrition Act of 2018, Pub.L. 115-334 (2018 Farm Bill).

(b) This chapter applies to growers, processors, and handlers of hemp in this State, but shall not apply to transporters of hemp engaged in interstate commerce.

(c) No person shall grow, process, or handle hemp in this State, unless authorized by an annual license issued by the Department pursuant to this chapter.

(d) All moneys collected by the Department pursuant to the Program shall be deposited into the New Jersey Hemp Farming Fund. Moneys in the fund shall be used for the administration and enforcement of the Program.

N.J. Admin. Code § 2:25-1.2 Definitions

As used in this chapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"Agent" means an employee or contractor of a hemp producer.

"Applicant" means a person, or for a business entity or IHE, any person authorized to act on behalf of the business entity or IHE, who applies to the Department to be a hemp producer in this State.

"Approved seed" means hemp seed that is approved by New Jersey or other states' departments of agriculture and labeled for cultivating hemp under the Federally defined THC level for hemp.

"Cannabis" means a genus of flowering plants in the family Cannabaceae of which Cannabis sativa is a species, and Cannabis indica and Cannabis ruderalis are subspecies thereof. Cannabis refers to any form of the plant in which the delta-9 tetrahydrocannabinol concentration on a dry weight basis has not yet been determined.

"CBD" or "cannabidiol" is a phytocannabinoid found in cannabis, which does not produce psychoactive effects in users.

"Commercial sale" means the sale of a product in the stream of commerce at retail, at wholesale, or on the Internet.

"Controlled Substances Act" or "CSA" means 21 U.S.C. §§ 801. et seq.

"Conviction" means any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged. For purposes of this chapter, a conviction is expunged when the conviction is removed from the individual's criminal history record and there are no legal disabilities or restrictions associated with the expunged conviction, other than the fact that the conviction may be used for sentencing purposes for subsequent convictions. In addition, where an individual is allowed to withdraw an original plea of guilty or nolo contendere and enter a plea of not guilty and the case is subsequently dismissed, the individual is no longer considered to have a conviction for the purposes of this chapter.

"Corrective action plan" means a plan established by the Department for a hemp producer to correct a negligent violation or non-compliance with the Program.

"Culpable mental state greater than negligence" means to act intentionally, knowingly, willfully, or recklessly.

"Cultivate" means to plant, water, grow, or harvest a plant or crop.

"Decarboxylated" means the completion of the chemical reaction that converts THC-acid (THC-A) into delta-9 THC, the intoxicating component of cannabis. The decarboxylated value is also calculated using a conversion formula that sums delta-9 THC and 87 and seven-tenths percent (.877) of THC-acid.

"Decarboxylation" means the removal or elimination of carboxyl group from a molecule or organic compound.

"Department" means the New Jersey Department of Agriculture.

"Drug Enforcement Administration" or "DEA" means the United States Drug Enforcement Administration.

"Dry weight basis" mean the ratio of the amount of moisture in a sample to the amount of dry solid in a sample. A basis for expressing the percentage of a chemical in a substance after removing the moisture from the substance. Percentage of THC on a dry weight basis means the percentage of THC, by weight, in a cannabis item (plant, extract, or other derivative), after excluding moisture from the item.

"Entity" means a corporation, joint stock company, association, limited partnership, limited liability partnership, limited liability company, irrevocable trust, estate, charitable organization, or other similar organization, including any such organization participating in the hemp production as a partner in a general partnership, a participant in a joint venture, or a participant in a similar organization.

"Farm Service Agency" or "FSA" is an agency of the United States Department of Agriculture.

"Federally defined THC level for hemp" or "acceptable hemp THC level" means a postdecarboxylation delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis for hemp or in a hemp product, or any other limit established by Federal law, rules, or regulations. Hemp will satisfy the standard of "Federally defined THC level for hemp" or "acceptable hemp THC level" if laboratory testing confirms a result within a measurement of uncertainty that includes the THC concentration level of 0.3 percent. For example, if the reported total potential delta-9 THC content concentration in a sample is 0.35 percent, and the measurement of uncertainty is ± 0.099 percent, the hemp would be compliant, because 0.3 percent falls within the distribution range between.251 percent and.449 percent.

"Gas chromatography" or "GC" means a type of chromatography in analytical chemistry used to separate, identify, and quantify each component in a mixture. GC relies on heat for separating and analyzing compounds that can be vaporized without decomposition.

"Geospatial location" means a location designated through a global system of navigational satellites used to determine ground position of a place or object.

"Grower" means any person who cultivates hemp.

"Growing area" means any outdoor or indoor area used for cultivation in a natural, rural, or non-densely populated suburban area that is a minimum of 1.0 contiguous acre (outdoor) or a minimum.25 acre (indoor) actively being used in hemp production. Indoor growing areas will not be allowed in residential structures, commercial storage units, or community gardens.

"Handle" means to possess or store a hemp plant on premises owned, operated, or controlled by a hemp producer for any period of time or in a vehicle for any period of time other than during the actual transport of the plant between premises owned, operated, or controlled by hemp producers or persons or entities authorized to produce hemp pursuant to 7 U.S.C. §§ 1639.o et seq., and any State law or rule adopted pursuant thereto. Examples of "handlers" include, but are not limited to, seed cleaners, analytical labs, traders, harvesting entities, brokers, and other service providers. "Handle" does not mean possession or storage of finished hemp products.

"Harvest" means the termination of the cultivation process, including taking cuttings, or the movement of hemp from a licensed growing area to another location or movement within a licensed growing area between indoor and outdoor planting areas.

"Hemp" means the plant Cannabis sativa L. and any part of that plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a post-decarboxylation delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent, or the current Federally acceptable hemp THC level, on a dry weight basis. Hemp and hemp-derived cannabinoids, including cannabidiol, shall be considered an agricultural commodity and not a controlled substance due to the presence of hemp or hemp-derived cannabinoids.

"Hemp extract" means the oil chemically extracted from hemp's aerial plant part, such as seeds, stalks, or flowers, using chemical processes, containing a natural blend of phytocannabinoids, and includes cannabidiol, or "CBD" oil.

"Hemp oil" means oil obtained by physically pressing hemp seeds with a 3:1 ratio of omega-6 to omega-3 essential fatty acids and does not include cannabidiol or CBD.

"Hemp producer" means a person or business entity authorized by the Department to cultivate, process, or handle hemp in the State.

"Hemp product" means a finished product with a post-decarboxylation delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale. The term includes cosmetics, personal care products, food intended for human or animal consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-derived cannabinoids, such as cannabidiol. Hemp products shall not be considered controlled substances due to the presence of hemp or hemp-derived cannabinoids. All synthetically derived tetrahydrocannabinols remain Schedule I Controlled Substances pursuant to U.S. Drug Enforcement Agency rules and are not allowable for production.

"High-performance liquid chromatography" or "HPLC" means a type of chromatography technique in analytical chemistry used to separate, identify, and quantify each component in a mixture. HPLC relies on pumps to pass a pressurized liquid solvent containing the sample mixture through a column filled with a solid adsorbent material to separate and analyze compounds.

"Information sharing system" means the database that allows the USDA to share information collected under state, tribal, and USDA plans with Federal, state, tribal, and local law enforcement.

"Institution of higher education" or "IHE" means the same as that term is defined at 20 U.S.C. § 1001.

"Key participant" means a sole proprietor, a partner in a partnership, or a person with executive managerial control in a corporation. A person with executive managerial control includes persons, such as a chief executive officer, chief operating officer, and chief financial officer. This definition does not include non-executive managers, such as farm, field, or shift managers.

"Law enforcement" means any Federal, State, or local agencies responsible for maintaining public order and enforcing the law.

"License" means written authorization by the Department for any person to grow, process, or handle hemp in the State.

"Licensed area" means a land area licensed by the Department on which a hemp producer plans to cultivate, process, or handle hemp. A licensed area may include, but is not limited to, growing areas or land and buildings that are not used for cultivation.

"Lot" means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis that was planted at the same time throughout the area.

"Marijuana" means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. The term "marijuana" does not include hemp, as defined in section 297A of the Agricultural Marketing Act of 1946, and does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant that is incapable of germination (7 U.S.C. § 1639.o). "Marijuana" means all cannabis that tests as having a concentration level of THC on a dry weight basis of higher than 0.3 percent.

"Measurement of uncertainty" or "MU" means the parameter, associated with the result of a measurement, that characterizes the dispersion of the values that could reasonably be attributed to the particular quantity subject to measurement.

"Negligence" means failure to exercise the level of care that a reasonably prudent person would exercise in complying with this chapter.

"Person" means an individual, firm, corporation, company, limited liability company, society, association, business, or other entity.

"Phytocannabinoid" means the cannabinoid chemical compounds found in the cannabis plant, two of which are Delta-9 tetrahydrocannabinol (delta-9 THC) and cannabidiol (CBD).

"Plantlets" means young or small hemp plants or propagules.

"Post-decarboxylation," in the context of testing methodologies for THC concentration levels in hemp, means a value determined after the process of decarboxylation that determines the total potential delta-9 tetrahydrocannabinol content derived from the sum of the THC and THC-A content and reported on a dry weight basis. The post-decarboxylation value of THC can be calculated by using a chromatograph technique using heat and gas chromatography, through which THC-A is converted from its acid form to its neutral form, THC. Thus, this test calculates the total potential THC in a given sample. The post-decarboxylation value of THC can also be calculated by using a high-performance liquid chromatograph technique, which keeps the THC-A intact, and requires a conversion calculation of the THC-A to calculate total THC in a given sample.

"Principal investigator" means the research scientist or other individual in charge of the research program for an IHE.

"Process" means to convert hemp into a hemp product.

"Processors" include, but are not limited to, entities acquiring raw hemp materials and processing them into products.

"Program" means the New Jersey Hemp Program, which is the regulatory authority within the Department responsible for administering hemp production pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238, as amended and supplemented, and the Federal Agriculture and Nutrition Act of 2018, P.L. 115-334.

"Propagules" means any vegetative structure, typically a stem cutting, that can be detached from a hemp plant and used to propagate a new plant.

"Research" means cultivation of hemp by an IHE under the Program and administered by the Department for purposes of agricultural or academic research in the development of growing hemp.

"Reverse distributor" means a person who is registered with the DEA in accordance with 21 CFR 1317.15 to dispose of marijuana under the Controlled Substances Act.

"THC" means tetrahydrocannabinol, which is a psychoactive component in cannabis plants.

"Total potential delta-9 THC" means the total potential delta-9 THC concentration levels in hemp, determined after the process of decarboxylation. It is derived from the sum of the (delta-9 THC) + (THCA * 0.877) and reported on a dry weight basis.

"Transport" means the movement or shipment of hemp by a hemp producer, a person or entity authorized to produce hemp pursuant to 7 U.S.C. §§ 1639.o et seq., and any State law or rule adopted pursuant thereto, or a hemp producer's or authorized entity's third-party carrier or agent.

"Transport" shall not mean the movement or shipment of hemp products. "USDA" means the United States Department of Agriculture.

"Variety" means a group of plants or an individual plant that exhibits distinctive observable physical characteristic(s) or has a distinct genetic composition.

"Volunteer plants" means hemp plants that grow on their own by natural regeneration rather than being deliberately planted.

History

Amended by 54 N.J.R. 903(a), effective 5/16/2022

N.J. Admin. Code § 2:25-1.3 Records designated as confidential

In addition to records designated as confidential pursuant to the provisions of the Open Public Records Act (OPRA), N.J.S.A. 47:1A-1 et seq., and any other law, rule, or Executive Order; the license application, supporting documentation, filed hemp producer reports, or any testing results shall not be considered government records subject to public access pursuant to OPRA. The only information that shall be considered public shall be the hemp producer's name, email address, and mailing address.

History

Amended by 54 N.J.R. 903(a), effective 5/16/2022

N.J. Admin. Code § 2:25-1.4 Information submitted to U.S. Secretary of Agriculture

(a) The Department shall collect, maintain, and report to the U.S. Secretary of Agriculture relevant, real time information for the following:

The contact information for each hemp producer operating under the Program;
A legal description of the land on which hemp is grown by each licensed hemp producer; and
The status and number of each hemp producer's license or other required authorizations and any changes to that status.

(b) The Department shall maintain the records described in (a) above for a period of not less than three calendar years, and in compliance with records retention policies.

(c) Hemp producer report. The Department shall submit to the USDA, by the first of each month, a report providing the contact information and the status of the license or other authorization issued for each hemp producer. If the first of the month falls on a weekend or holiday, the report is due by the first business day following the due date. The report shall be submitted using a digital format compatible with the USDA's information sharing systems, whenever possible. The report shall contain the information set forth below:

As applicable, the information in either (c)1i, ii, or iii below.

i. For each new hemp producer who is an individual, the report shall include the full name of the individual, license or authorization identifier, business address, telephone number, and email address (if available).

ii. For each new hemp producer that is an entity, the report shall include the full name of the entity, the principal business location address, license or authorization identifier, employer identification number, and the full name, title, and email address (if available) of each key participant for whom the entity is required to submit a New Jersey State Police criminal background check.

iii. For each producer that was included in a previous report and whose reported information has changed, the report shall include the previously reported information and the new information;

The status of each hemp producer's license or authorization;
The period covered by the report; and
An indication that there were no changes during the current reporting cycle, if applicable.

(d) Hemp Disposal Report. The Department shall submit to the USDA, by the first of each month, a report notifying the USDA of any occurrence of non-conforming plants or plant material and providing a disposal record of those plants and materials. This report will include information regarding name and contact information for each hemp producer subject to a disposal during the reporting period, and the date when disposal was completed. If the first of the month falls on a weekend or holiday, reports are due by the first business day following the due date. The report shall contain the information set forth below:

The name and address of the hemp producer;
The producer license or authorization identifier;
The location information, such as lot number, location type, and geospatial location or other location descriptor for the production area subject to disposal;
The information on the agent handling the disposal;
The disposal completion date; and

The total acreage.

(e) Noncompliant hemp disposal notification. In addition to the Hemp Disposal Report required under (d) above, the Department shall promptly notify the USDA Agricultural Marketing Service (AMS) Administrator by certified mail, or electronically, of any occurrence of cannabis plants or plant material that do not meet the definition of hemp and attach the records demonstrating the appropriate disposal of all of those plants and materials in the lot from which the representative samples were taken.

(f) Annual report. The Department shall submit an annual report to the USDA. The report form shall be submitted by December 15 of each year and contain the information described in this subsection.

The total planted acreage;
The total harvested acreage; and
The total acreage disposed.

Subchapter 2 ANNUAL APPLICATION FOR LICENSE

N.J. Admin. Code § 2:25-2.1 Information required for annual license applications

(a) Each person applying for a license under the Program shall annually submit a signed, complete, accurate, and legible application form.

(b) Processors and handlers shall apply to the Department at least 30 days prior to the anticipated date of handling or processing hemp.

(d) All applications shall include the following:

The name and address of the applicant;
If applicable, the business name(s) and type of business entity, including the employer identification number;
The legal description of the property on which the growing, processing, or handling area is proposed. This includes, but is not limited to, the county, municipality, and block and lot number(s);
The geospatial location, including the global positioning system location coordinates taken at the approximate center of the proposed licensed area;
A map of the licensed area on which the applicant plans to grow or process hemp showing the boundaries and dimensions of the growing area(s) in acres or square feet; and
A criminal background check from the New Jersey State Police for the applicant and other key participants. The applicants are responsible for obtaining and paying for such background checks. The background checks are to be included with the application at the time of submission.

(e) All applications must include a nonrefundable $ 50.00 annual application fee and an annual licensing fee pursuant to (f) below. The Department shall refund the licensing fee for denied applicants but shall not refund the application fee.

(f) Annual licensing fees are as follows:

| 1. Growers | $ 300.00 fee, | | --- | --- | | plus $ 15.00 per each acre | | | 2. Grain and/or fiber processors | $ 450.00 | | 3. Floral, hemp oil, and CBD processors | $ 1000 each | | 4. Handlers | $ 450.00 |

(g) Hemp growers who process or handle their own hemp are not required to pay additional processor or handler licensing fees. If a grower processes or handles hemp grown from at least one separate hemp producer, that grower shall pay processing or handling licensing fees, as applicable.

(h) Hemp processors who produce multiple types of hemp products shall determine their annual fee based on the sum from the schedule above. For example, a hemp producer who processes: grain ($ 450.00), hemp oil ($ 1,000), and CBD extracts ($ 1,000), will pay a total licensing fee for the year of $ 2,450.

N.J. Admin. Code § 2:25-2.2 Terms and conditions of licensure

(a) All licenses shall be valid for one year from the date of issuance.

(b) Any applicant who materially falsifies any information contained in an application shall be ineligible to participate in the Program as a hemp producer.

(d) Hemp producers shall comply with all applicable reporting and inspection requirements and any other provisions in this chapter.

(e) Any person convicted of a felony relating to a controlled substance under State or Federal law before, on, or after the date of enactment of the Federal Agriculture and Nutrition Act of 2018, Pub.L. 115-334 (2018 Farm Bill), shall be ineligible to participate in the Program during the 10-year period following the date of the conviction.

(f) Applicants and other key participants must undergo a criminal background check by the New Jersey State Police, the results of which must be mailed directly to the Department. The felony conviction restriction under (e) above shall not apply to any person growing hemp lawfully with a license, registration, or authorization under a program authorized pursuant to 7 U.S.C. § 5940. before the date of enactment of the 2018 Farm Bill and the conviction occurred before December 20, 2018.

(g) Any information provided to the Department by the hemp producer under the Program may be provided to law enforcement agencies without further notice to the hemp producer.

(h) The hemp producer and its employees shall fully cooperate and assist the Department with all aspects of the administration and enforcement of the Program, including, but not limited to, the application, license, reporting, inspection, and sampling processes.

(i) The hemp producer shall pay for any laboratory analysis costs that the Department deems necessary within 30 days of the date of the invoice.

(j) The hemp producer shall submit all required reports by the applicable due dates specified by the Department.

(k) A hemp producer must provide documentation to show that he or she has the legal right to cultivate hemp on the licensed area and the legal authority to grant the Department access for inspection and sampling. Applicants shall provide proof of authorization to engage in hemp production along with their application, including deeds, leasing agreements, written agreements by a landowner, or other appropriate documentation.

(l) Licenses shall not be assigned or transferred to any other individual, business, or company under any circumstances.

(m) No hemp plant shall be moved to, or grown, in an area other than the licensed growing area, without prior Departmental approval, and subject to a site modification fee pursuant to (r) below. All varieties must be separated and clearly marked.

(n) Alterations to a licensed area that has already been approved and recorded by the Department shall require a site modification plan pursuant to (r) below.

(o) No licensed area may contain cannabis plants or parts thereof that the hemp producer knows, or has reason to know, are of a variety that will produce a plant that, when tested, will produce hemp with a delta-9 THC concentration greater than the Federally defined THC level for hemp. No hemp producer shall use any such variety for any purpose associated with the cultivation of hemp.

(p) All hemp plant material must be planted, grown, and harvested under a valid license. Any volunteer plants that emerge during a subsequent license year must either be destroyed or included on the subsequent year's license application.

(q) Disposal and/or destruction shall be ordered by the Department of any materials or products licensed under the Program found to have a delta-9 THC content of more than 0.3 percent on a dry weight basis, as measured from samples collected pursuant to the Program. The cost of disposal and/or destruction shall be the sole responsibility and cost of the hemp producer.

(r) A hemp producer may alter the approved growing area if, at least 14 days prior to the proposed modification, the hemp producer shall submit a site modification plan, including:

An updated legal description of the land;
Geospatial location, including GPS coordinates;

Acreage or square feet of each variety planted;

A map detailing the boundaries of the growing area(s); and 5. Pay a site modification fee of $ 300.00 plus $ 15.00 per acre. The fee shall not apply to storage-only sites, but the Department must approve such sites prior to use. In the event the site modification is not approved, this fee will be refunded.

(s) Hemp may not be grown in an area other than the licensed area. This includes, but is not limited to, planting hemp in a field for which the geospatial location has not been approved by the Department or moving indoor-grown hemp to an outside location.

(t) Transporting live hemp plants and hemp materials to unlicensed areas, including trade shows, county fairs, or educational or other events is prohibited.

(u) Members of the public shall not have direct unsupervised access to hemp at any time.

(v) Any person transporting hemp or hemp materials shall maintain, and provide upon request by law enforcement, proof of authorization to engage in the commercial sale of hemp, either under a state plan pursuant to 7 U.S.C. § 1639.p or the United States Department of Agriculture plan pursuant to 7 U.S.C. § 1639.q in a state where a state plan has not been approved from the producer of hemp, as well as a travel manifest that lists the origin, destination, product description, and date of transport. Third-party carriers are not required to be authorized hemp producers in order to transport hemp.

(w) It is the responsibility of the hemp producer to understand and comply with all rules and regulations pertaining to their products and to obtain approval(s) from any other applicable local, State, or Federal authorities.

History

Amended by 54 N.J.R. 903(a), effective 5/16/2022

N.J. Admin. Code § 2:25-2.3 Institutions of higher education requirements

(a) A New Jersey IHE that plans to cultivate and study industrial hemp in the State is required to obtain a license from the Department. The following information must be submitted to the Department:

A criminal background check from the New Jersey State Police is necessary for the applicants and other key participants. The applicant is responsible for obtaining and paying for such background checks. The background checks are to be included with the application at the time of submission.
Principal investigator's (PI) contact information and each additional person with authority to report hemp project activity to the Department;
Full names of each employee who will be primarily responsible for the growing, processing, or handling the hemp producer's hemp;
A detailed research plan;
Address of each location and geospatial location, including GPS coordinates of each licensed area, building, or site where hemp will be stored, processed, or handled;
Map(s) depicting each site where hemp will be grown, handled, processed, or stored, and designating entrances and specific points where GPS coordinates were taken;
The Department may request a letter of support from the department chair or any other authorized official from the IHE;
IHE hemp producers shall comply with all applicable reporting, inspection, and compliance conditions in this chapter;
IHE hemp producers shall report to the Department any changes to information provided in the license or any previously submitted reports, including any changes to the purchase agreement or statement of intended disposition, within 10 days of such change;
There is no application fee for an IHE; and
The Department may charge collection and testing fees in the amount of $ 150.00 for each plot and/or variety sampled.

Subchapter 3 ACQUISITION OF HEMP SEEDS, PROPAGULES, OR PLANTLETS

N.J. Admin. Code § 2:25-3.1 Acquisition of hemp seeds, propagules, or plantlets

(a) Hemp, including plants, seeds, propagules, or plantlets, may only be obtained by a hemp producer after written Departmental approval of the hemp variety.

(b) The Department shall not approve a hemp seed, propagule, or plantlet request, unless the person affirms, in writing, that the requested seed acquisition plan shall not infringe on any intellectual property right.

(c) Submission of a hemp seed, propagule, or plantlet acquisition plan to the Department shall include documentation showing that mature plants grown from that seed variety or strain have a floral material delta-9 THC content of not more than 0.3 percent on a dry weight basis in compliance with the provisions of N.J.A.C. 2:25-5.2.

(d) For seeds, propagules, or plantlets acquired from within the United States, tribal lands, or territories, documentation must be provided to verify that the hemp seed, propagule, or plantlet source is either an approved seed or has originated from a USDA-approved hemp program.

(e) If hemp seeds, propagules, or plantlets are sourced from outside a USDA-approved hemp program, such as from a foreign nation, the hemp producer is responsible for any additional import requirements.

(f) The Department may maintain a list of approved seed varieties or strains on its website.

(g) All hemp shipments must be accompanied by:

Proof of authorization to engage in the commercial sale of hemp; and

A travel manifest that lists the origin, destination, product description, and date of transport.

(h) Third-party carriers may transport hemp without obtaining a hemp producer license.

N.J. Admin. Code § 2:25-3.2 Prohibition of noncompliant hemp

The Department may prohibit from the Program any hemp plants, seeds, propagules, or plantlets in order to comply with Federal or State law and administer the Program efficiently.

Subchapter 4 REPORTING REQUIREMENTS FOR HEMP PRODUCERS

N.J. Admin. Code § 2:25-4.1 Pre-Planting Report

(a) All growers and IHE hemp producers shall file a Pre-Planting Report on a form provided by the Department at least five days prior to planting that includes:

A statement of verification that the hemp producer has reasonable grounds to believe that the crop the hemp producer will plant is of a type and variety of cannabis that will produce a delta-9 THC concentration of no more than 0.3 percent on a dry weight basis;
A description of the cannabis varieties, including hemp, to be planted on the licensed area, which shall include all plant material to be used for cultivation of cannabis within a licensed area;
In order to avoid cross-pollination effects, hemp may not be grown outdoors in close proximity to non-hemp varieties of cannabis, nor may hemp be grown within the same greenhouse structure as non-hemp varieties of cannabis;
A statement of intended end use for all parts of any cannabis plants, including hemp, grown within a licensed area; and
The name and location of any hemp processing plant to be utilized.

(b) The hemp producer shall not plant hemp in any form until the Pre-Planting Report has been approved by the Department.

N.J. Admin. Code § 2:25-4.2 Planting Report

(a) Within 10 days after planting any hemp, and/or 10 days after emergence of any volunteer hemp plants in a licensed area, each grower or IHE hemp producer shall submit a Planting Report on a form provided by the Department that includes:

A list or description of all varieties of hemp planted, or of volunteer hemp plants that have emerged and are not destroyed, within a licensed area; and
The geospatial location, including global positioning system coordinates and a map showing the location and actual acreage or square feet of each variety of hemp planted, or of volunteer hemp plants that have emerged and are not destroyed, within a licensed area.

(b) A Planting Report must be submitted any time hemp is planted in, moved within, or moved into a licensed area, except for replanting into a larger container within the same indoor location.

N.J. Admin. Code § 2:25-4.3 Harvest/Disposal Report

(a) At least 30 days prior to harvest, each grower or IHE hemp producer shall file a Harvest/Disposal Report on a form provided by the Department that includes:

Documentation that the hemp producer has entered into a purchase agreement with a licensed hemp processor either in this State or under a USDA-approved hemp program. If the hemp producer has not entered into such an agreement, the hemp producer shall include a statement of intended disposition of the hemp crop; and
The harvest date(s) and location of each variety of hemp cultivated within a licensed area.

(b) A hemp producer must notify the Department immediately of any changes in the reported harvest date(s) in excess of five days. If any such changes are made, the Department may require additional testing prior to harvest.

(c) A hemp producer is not required to document the removal of male hemp plants on a Harvest/Disposal Report provided that the male plants are destroyed, cultivated, or used for pollination purposes on the licensed area prior to filing a Harvest/Disposal Report for the remaining hemp plants.

N.J. Admin. Code § 2:25-4.4 Production Report

(a) All hemp producers shall submit a completed Production Report form about the prior year's production on or before December 1 annually. The Production Report shall include:

The number of acres or square feet planted;
Varieties planted;
Production methods;
Production inputs/yields; and
Any other information requested by the Department.

(b) For IHE hemp producers, a research summary shall be submitted to the Department annually on or before December 1.

N.J. Admin. Code § 2:25-4.5 Hemp Crop Acreage Report to Farm Service Agency (FSA)

(a) Hemp producers shall report hemp crop acreage to the FSA, and shall include with the report, at a minimum:

Street address and, to the extent practicable, geospatial location for each lot or greenhouse where hemp will be produced. If an applicant operates in more than one location, that information shall be provided for all production sites;
Acreage dedicated to the production of hemp, or greenhouse or indoor square footage dedicated to the productions of hemp; and
License or authorization identifier.

Subchapter 5 INSPECTION, SAMPLING, AND TESTING

N.J. Admin. Code § 2:25-5.1 Right to enter and inspect

As a condition of licensure, hemp producers and/or their agents shall permit the Department, the Department of Law and Public Safety, and any other State or local law enforcement to enter onto all premises where hemp is cultivated, handled, or processed to conduct a physical inspection or otherwise ensure compliance with the Program. The Department may give notice to a hemp producer of an upcoming inspection during business hours and may require a hemp producer and/or agent to be present during any inspection.

N.J. Admin. Code § 2:25-5.2 Inspection, sampling, and testing procedures

(a) Inspections and sampling shall be as follows:

All hemp producers are subject to annual Departmental inspection and sampling to verify that the delta-9 THC concentration of the cannabis planted within a licensed area does not exceed 0.3 percent on a dry weight basis;
The Department may sample and/or test any hemp or hemp products to verify compliance with this chapter;
The Department's inspectors or an authorized agent shall collect a minimum of two samples from each variety planted during the growing season and before harvest to ensure compliance with the Federally defined THC level for hemp in the Program;
In addition to the annual inspection and sampling referenced in (a)1 above, the Department may inspect, and take samples from, any licensed area during normal business hours without advance notice. The Department may also conduct such additional inspections and sampling if there is reason to believe a violation of the Program may be occurring and to verify compliance with the reporting requirements of the Program;
If a hemp producer voluntarily surrenders any license, the Department may exercise its discretion to inspect and sample any licensed area prior to accepting the surrender;
The Department may require the hemp producer or the hemp producer's agent to be present during an inspection to provide the Department's inspector with complete and unrestricted access to all hemp and/or cannabis plants, parts, and seeds within a licensed area whether growing or harvested, and all land, buildings, and other structures used for the cultivation and storage of hemp. During a scheduled sample collection, the hemp producer or the hemp producer's agent shall be present at the growing site;
The Department may require access and/or copies of all documents and records pertaining to the hemp producer's business at any time. Such records shall be promptly produced, ample time for review shall be provided, and copies may be required;
Individual or composite samples of each variety of hemp may be sampled from the licensed area at the Department's discretion;
The method used for sampling from the flower material of the cannabis plant must be sufficient at a confidence level of 95 percent that no more than one percent of the plants in the lot would exceed the Federally defined THC level for hemp. The method used for sampling must ensure that a representative sample is collected that represents a homogeneous composition of the lot;
The Department or an authorized agent shall collect samples from the flower material within 15 days prior to the anticipated harvest of cannabis plants;
A hemp producer shall not harvest the cannabis crop prior to samples being taken; and
Samples of hemp plant material from one lot shall not be commingled with hemp plant material from other lots.

(b) Test procedures shall be as follows:

A quantitative laboratory determination of the delta-9 THC concentration on a dry weight basis shall be performed by the Department or a third-party lab pursuant to this chapter;
The Department is not responsible for ensuring product quality or product compliance with other State or Federal regulatory authorities;
Test results must confirm that the final product batch contains no more than 0.3 percent total potential delta-9 THC on a dry weight basis using a measurement of uncertainty; and all such testing results must be retained by the participant and made available to the Department upon demand for a minimum of three years. Any material having more than the Federally defined THC level for hemp is prohibited. Possession or distribution of such products may be subject to Federal, State, and local law enforcement action;
The THC testing procedure must include a valid testing methodology that uses postdecarboxylation or other similarly reliable methods, including, but not limited to, gas or liquid chromatography with detection. The testing methodology must consider the potential conversion of delta-9 tetrahydrocannabinolic acid (THC-A) in hemp into THC and the test result must measure total available THC derived from the sum of the THC and THC-A content. Testing methodologies meeting these requirements include, but are not limited to, gas or liquid chromatography with detection. The total THC concentration level shall be determined and reported on a dry weight basis;
If any hemp product contains whole grains (seeds), the hemp producer may conduct a third-party seed germination test on each final product batch produced. Test results must confirm that the denatured seeds after exposure to high heat, often referred to as the "roasting or toasting method," renders the result of a zero percent germination level, and all such testing results must be retained by the hemp producer and made available to the Department upon demand for a minimum of three years. Any material having a greater than zero percent germination level is prohibited. Possession or distribution of such products may be in violation of State or Federal law; 6. A sample test result with a total potential delta-9 THC concentration on a dry weight basis greater than the F
A sample test result with a total potential delta-9 THC concentration on a dry weight basis greater than the Federally defined THC level for hemp shall be conclusive evidence that the lot represented by the sample contains a total potential delta-9THC concentration on a dry weight basis of more than 0.3 percent and that the hemp producer is therefore not in compliance with this chapter. Upon receipt of a failing test result, the Department may request resampling and retesting of the varieties in question. Upon subsequent retesting failure, the Department shall determine whether the failure constitutes a negligent violation or a violation with a culpable mental state greater than negligence and take appropriate action pursuant to N.J.A.C. 2:25-6;

Hemp from lots determined to be non-compliant with the Federally defined THC level for hemp may not be further handled, processed, or enter the stream of commerce. The hemp producer shall ensure the lot is disposed of in accordance with the CSA and the Drug Enforcement Agency (DEA) regulations found at 21 CFR 1317.15 as enforced by Federal, State, and local law enforcement. Hemp producers must notify the Department and USDA of their intent to dispose of non-conforming plants and verify disposal by submitting required documentation;

A $ 150.00 fee shall be assessed for all Departmental testing, including, but not limited to, retests and pesticide residue quantification tests. The Department may waive all inspection and/or sampling costs if no inconsistencies or violations are identified pursuant to this subsection;
Measurement of uncertainty (MU) must be estimated and reported with test results; and
Test results report. Each hemp producer must ensure that the DEA-registered laboratory that conducts the test of the sample(s) from its lots reports the test results for all samples tested to the Department and USDA. The test results report shall contain the information below for each sample tested:

i. Hemp producer's license or authorization identifier;

ii. Name of hemp producer;

iii. Business address of hemp producer;

iv. Lot identification number for the sample;

v. Name and DEA registration number of laboratory;

vi. Date of test and report;

vii. Identification of a retest; and

viii. Test result.

History

Amended by 54 N.J.R. 903(a), effective 5/16/2022

N.J. Admin. Code § 2:25-5.3 Labeling of hemp products by New Jersey processors

(a) New Jersey processors shall label hemp products to distinguish between hemp extract, CBD, or hemp oil.

(b) New Jersey processors shall label hemp products to include: the amount of oils or extract, the percentage of THC, and the percentage of CBD extract contained.

(c) New Jersey floral processors shall submit a current Certificate of Analysis (COA) and receive program approval for out-of-State-sourced material prior to importation and acceptance to verify compliance with the Federally acceptable hemp THC level.

History

Amended by 54 N.J.R. 903(a), effective 5/16/2022

N.J. Admin. Code § 2:25-5.4 Third-party laboratory compliance

(a) Hemp producers may utilize either the Department's laboratory or third-party laboratories to demonstrate compliance with the Federally defined THC level for hemp.

(b) Third party laboratories shall apply to the Program annually as handlers.

Be registered and accredited in accordance with State and Federal law, rules, and regulations;
Be registered with the Program as a handler;
Comply with the Department's testing procedures pursuant to this chapter;
Transmit laboratory results directly to their client and to the Department for all licensed New Jersey processors and growers submitting regulatory samples, in order to receive final Departmental approval;
Submit to random quality assurance testing by the Department to validate the accuracy of testing results; and
Take and pass an annual performance test, if requested by the Department, to ensure the accuracy of their testing methods.

(d) A hemp producer may test its own hemp for the purpose of providing information to the Department regarding THC levels and to certify labels for hemp or hemp products, provided the hemp producer's laboratory complies with the provisions in this subsection.

History

Amended by 54 N.J.R. 903(a), effective 5/16/2022

Subchapter 6 VIOLATIONS, PENALTIES, AND APPEALS

N.J. Admin. Code § 2:25-6.1 Negligent violations

(a) The Department shall require a hemp producer to comply with a Corrective Action Plan for any negligent violation of this chapter. A Corrective Action Plan established by the Department to correct the negligent violation may include, but is not limited to:

A date by which the hemp producer shall correct the negligent violation;
The steps necessary to come into compliance; and
A requirement that the hemp producer shall periodically report its compliance measures to the Department for a period of not less than the next two calendar years from the date of the negligent violation. The Department shall perform inspections as necessary.

(b) Negligent violations may include, but are not limited to:

Failing to provide a legal description of land on which the producer produces hemp;
Failing to obtain a license or other required authorization from the Department;
Producing Cannabis sativa L. with a delta-9 THC concentration of more than 1.0 percent on a dry weight basis or any revised limit established at 7 CFR Part 990, or failing to make reasonable efforts to grow compliant hemp; and/or
Failing to comply with any reporting requirements set forth in this chapter.

(c) Hemp that is determined to have a delta-9 THC concentration of greater than 0.3 percent on a dry weight basis, but equal to or less than 0.5 percent on a dry weight basis, must be destroyed in accordance with the CSA and Drug Enforcement Agency (DEA) regulations at 21 CFR 1317.15 as enforced by Federal, State, and local law enforcement, even though it does not constitute a negligent violation pursuant to (b) above.

(d) A hemp producer that is found to have negligently violated the Program shall not be subject to any criminal enforcement action by this State.

(e) A hemp producer that has been found to have negligently violated the Program three times in a five-year period shall be ineligible to produce hemp in this State for a period of five years beginning on the date of the third violation.

(f) The Department may issue civil administrative penalties for violations of this chapter pursuant to N.J.A.C. 2:25-6.3.

(g) A hemp producer may appeal any adverse determination rendered by the Department in accordance with N.J.A.C. 2:25-6.4.

History

Amended by 54 N.J.R. 903(a), effective 5/16/2022

N.J. Admin. Code § 2:25-6.2 Violations with a culpable mental state greater than negligence

(a) If the Department determines that a person has violated the Program with a culpable mental state greater than negligence, the Department shall order the person to suspend all hemp growing, processing, and/or handling operations immediately.

(b) A notice of violation with a culpable mental state greater than negligence shall be immediately referred to the United States Attorney General, New Jersey Department of Law and Public Safety, and any other applicable Federal, State, and/or local law enforcement.

(c) A hemp producer may appeal any adverse determination rendered by the Department in accordance with N.J.A.C. 2:25-6.4.

N.J. Admin. Code § 2:25-6.3 Civil and civil administrative penalties

(a) Every day upon which a violation occurs at the same location or by the same person shall be considered a separate violation for the purpose of calculating civil administrative penalties. Nothing in this section shall limit the applicability of any other penalties prescribed in this chapter, including the implementation of a Corrective Action Plan or of license suspension or revocation.

(b) The Department may issue civil administrative penalties based upon the seriousness of the misconduct.

Any unlicensed person growing, processing, or handling hemp shall be subject to a civil administrative penalty of up to $ 5,000 per day.
A person guilty of interfering, or refusing to cooperate, with any inspection or sampling procedures to be conducted by the Department shall pay a penalty of $ 500.00 for the first offense, $ 1,000 for the second offense, and $ 2,000 for each subsequent offense.
A person who fails to submit timely reports or does not respond to the Department's communications within a reasonable amount of time shall pay a penalty of $ 100.00 for the first offense, $ 200.00 for the second offense, and $ 300.00 for each subsequent offense.
No assessment shall be levied under this subsection until after the party has been notified by certified mail or personal service and has been provided an opportunity for a hearing in accordance with N.J.A.C. 2:25-6.4.

(c) For a violation of this chapter, the Department may adjust or waive the civil administrative penalty after weighing the following non-exclusive factors:

The violator's compliance history;

The nature, timing, and effectiveness of measures the violator takes to mitigate the effects of the violation;

The nature, timing, and effectiveness of measures the violator takes to prevent future similar violations;
Any unusual or extraordinary costs or impacts directly or indirectly imposed on the public or the environment as a result of the violation;
Whether the violator is growing, processing, or handling hemp while deliberately neglecting to obtain a license from the Department; and
Any other relevant circumstances.

N.J. Admin. Code § 2:25-6.4 Notice and appeals

(a) The Department shall provide a reasonable opportunity to amend an application that is insufficient or to resolve any minor violations of this chapter.

(b) The Department shall provide written notice by regular mail, certified mail, or personal service, to a hemp producer upon a finding of a violation. Such notice shall include:

The facts pertaining to the violation;
A reference to the rule(s) and/or statute(s) that have been violated;
A finding that the conduct constitutes a negligent violation or a violation with a culpable mental state greater than negligence;
A statement explaining whether the Department has informed law enforcement of the violation;
The basis for the civil administrative penalty issued, if any; and
A statement explaining the person's right to a hearing, and that he or she must file an appeal within 20 days of receiving notice.

(c) Any appeal to the Department for a violation of this chapter must be made no later than 20 calendar days after receipt of the notice of violation and be in writing. Appeals shall be sent to:

Director, Division of Plant Industry

New Jersey Department of Agriculture

PO Box 330

Trenton, NJ 08625-0330

(d) If no hearing is requested after 20 days have elapsed, the notice shall become a final order on the 21st day.

(e) Contested cases shall be treated in accordance with N.J.A.C. 2:1-3.10, the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. Such disputes will be referred to the Office of Administrative Law for a hearing.

Chapter 31 CHARITY RACING DAY FUND DISTRIBUTION

Subchapter 1 DISTRIBUTION OF CHARITY RACING DAY FUNDS

N.J. Admin. Code § 2:31-1.1 Purpose and scope

This subchapter sets forth the application procedure for the awarding of Charity Racing Day grants to the Horse Park of New Jersey and to organizations which care for retired race horses. It also sets forth the criteria by which the New Jersey Department of Agriculture shall evaluate applications and award grants.

N.J. Admin. Code § 2:31-1.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Application" means the official application provided by the New Jersey Department of Agriculture.

"Department" means the New Jersey Department of Agriculture.

"Horse Park of New Jersey" is the New Jersey organization incorporated under the name "Horse Park of New Jersey at Stone Tavern, Inc." which manages the day-to-day operations of the equine show facility known as the Horse Park of New Jersey.

"Organization which cares for retired race horses" means an organization dedicated to the care of retired race horses in New Jersey.

"Secretary" means the Secretary of the New Jersey Department of Agriculture.

History

Amended by R.2004 d.421, effective 11/15/2004.
See: 36 New Jersey Register 2318(a), 36 New Jersey Register 5088(a).
Rewrote "Organization which cares for retired race horses".

N.J. Admin. Code § 2:31-1.3 Eligibility for funding

(a) The application procedure shall be as follows:

Each application for funding shall be submitted on forms provided by the Department of Agriculture no later than March 15 of each year to the New Jersey Department of Agriculture, Horse Breeding and Development, Division of Marketing and Development, PO Box 330, Trenton, New Jersey 08625-0330.

Each application from the Horse Park of New Jersey shall include a description of the proposed use of Charity Racing Day funds.

i. Applications shall be evaluated based upon the extent to which the proposed use of funds will be used for the continued development and promotion of the Horse Park of New Jersey.

The following apply to applications from organizations which care for retired horses:

i. Each application shall include the following information:

(1) Organization name, address, telephone number, fax number, name of primary contact and Federal tax identification number;

(2) A description of the organization and its mission; and

(3) A detailed explanation of how the requested funds will be used, specifically how they will benefit retired race horses and the New Jersey equine industry, including estimates of the number of animals and/or people positively impacted as a result of the funds.

ii. Applications shall be evaluated and awarded based upon:

(1) Whether the applicant meets the definition of an "organization which cares for retired race horses";

(2) The specific proposed use of the funds;

(3) The extent to which the proposed use of funds will benefit retired race horses and the equine industry in New Jersey.

(b) Recipients shall submit to the Department a detailed fund utilization information report verifying the use of the funds, along with receipts for expenditures, by December 31 of the year in which the funds were received.

(d) Organizations for the care of retired horses shall further verify that all funds received from the Department of Agriculture were used solely for the care of retired race horses located within the State of New Jersey.

(e) All applicants and recipients of funds shall submit with the initial application and the fund utilization report, the following certification, signed by a person authorized to act on behalf of the applicant or recipient which shall appear on the application or report forms:

"I certify under penalty of law that the information provided in this document is true, accurate and complete. I am aware that there are significant civil penalties for submitting false, inaccurate or incomplete information and significant criminal penalties, including fines and/or imprisonment for submitting false, inaccurate or incomplete information or information which I do not believe to be true."

(f) Incidents involving false swearing or false reporting in the documents required by these rules may be referred by the Department for prosecution pursuant to N.J.S.A. 2C:28-3.

History

Amended by R.2004 d.421, effective 11/15/2004.
See: 36 New Jersey Register 2318(a), 36 New Jersey Register 5088(a).
In (a), rewrote 3i(1), inserted "in New Jersey" at the end of 3ii(3); in (b), substituted "a detailed fund utilization information report" for "'a notarized affidavit" following "Department"; added (d) through (f).

Chapter 32 SIRE STAKES PROGRAM

Subchapter 1 SIRE STAKES PROGRAM

N.J. Admin. Code § 2:32-1.1 General provisions

(a) The Sire Stakes Program incorporates herein by reference, as amended and supplemented, the 2021 U.S. Trotting Rule Book. Copies of the most current regulations may be procured online at http://www.ustrotting.com/rulebook/ and are available for inspection by contacting the New Jersey Department of Agriculture, Division of Marketing and Development, 200 Riverview Plaza, Trenton, New Jersey. The Division's contact information can be found at: http://www.nj.gov/agriculture/divisions/md/about/contacts.html.

(b) All rules utilized by the New Jersey Department of Agriculture in the Administration of the Sire Stakes Program shall conform to the United States Trotting Association's Rule Book referenced at (a) above.

History

Amended by 47 N.J.R. 2350(a), effective 9/21/2015

Subchapter 2 NEW JERSEY SIRE STAKES CONDITIONS

N.J. Admin. Code § 2:32-2.1 Adoption of by-laws

(a) The by-laws of the New Jersey Sire Stakes Board are hereby adopted as follows:

There is hereby established in the State of New Jersey a Sire Stakes Program for Standardbred horses, bred in the State of New Jersey and to be the product of a registered New Jersey stallion, registered with the Standardbred Breeders and Owners Association of New Jersey as such and listed in their registry books.
Those horses eligible to race under the Sire Stakes Program shall be any foal of any registered New Jersey stallion standing at a New Jersey breeding farm and either owned by a resident of the State of New Jersey or leased by a resident thereof for a period of not less than 10 years to stand the full season on a New Jersey breeding farm. A copy of any such lease shall be filed with the Standardbred Breeders and Owners Association of New Jersey and the New Jersey Sire Stakes.
The Sire Stakes Program shall be administered by a Board of Trustees consisting of five members, four appointed by the Governor, two of whom shall be members of the Standardbred Breeders and Owners Association of New Jersey, two representatives of racing interests generally, and the Secretary of Agriculture ex-officio. Of the members first appointed, the term of office of one appointee from the Breeders and Owners Association shall be for two years, and the other appointed member of such association shall be for a term of one year; the term of office for one appointee representing racing interests generally shall be for two years, and the other appointee representing racing interests generally shall be for a term of one year. Thereafter, appointments shall be for terms of two years.
No member of the Board of Trustees shall be compensated for his services; however, reasonable travel and other expenses incurred in connection with duties as members of the Board may be reimbursed.
The Board of Trustees is authorized to do all that is necessary for the proper administration of the Sire Stakes Program and shall prepare, issue, and promulgate rules providing for:

i. Classes and divisions of races, eligibility of horses and owners therefor, and prizes and awards to be awarded;

ii. Nominating, sustaining, and entry fees for horses and races;

iii. Such temporary programs including eligibility of horses, breeding, and other matters as may be necessary to make the Sire Stakes Program operable as soon as possible;

iv. Registration and certification of New Jersey stallions, mares bred to such stallions, and foals produced thereby; and

v. Such other matters as the Board determines to be necessary and appropriate for the proper administration and implementation of the Sire Stakes Program.

The funds for the Sire Stakes Program pursuant to N.J.S.A. 5:5-91 and the nominating, sustaining, and entry fees provided for herein, shall be administered by the New Jersey Department of Agriculture by deposit in a trust account entitled Sire Stakes Fund.
All disbursements from the Sire Stakes fund for the payment of purses and awards, cost of administration, reimbursement of expenses of members of the Board of Trustees, and any other appropriate expenses, shall be made by the Secretary of Agriculture or his designee.
A report shall be prepared and filed annually by the Secretary with the Racing Commission setting forth an itemization of all deposits to and expenditures from the Sire Stakes fund.
Sire Stakes Races shall be run only at licensed harness tracks in the State of New Jersey. The races, purses and awards awarded therefor shall be pursuant to the rules of the Board of Trustees hereunder and the New Jersey Racing Commission.
The five-member Board of Trustees shall elect a chairman and a vice-chairman at the meeting in January of each year.
The secretary of the Sire Stakes Board of Trustees need not be a member of the Board and shall be appointed each year by the New Jersey Secretary of Agriculture.
The Sire Stakes Board of Trustees shall meet bimonthly during the year. The date, time, and place will be selected by the chairman, and the secretary shall notify all Board members by letter 10 days prior to each meeting.
In order for the Board of Trustees to conduct any official business at special monthly meetings, a quorum must be present. A quorum is defined as consisting of at least three of the five members.
The chairman is authorized to call special meetings when necessary by instructing the secretary to give each member 10 days' notice in writing.
The Board of Trustees by-laws can be amended by a four-out-of-five vote of the membership of the Board of Trustees.

History

Amended by R.1988 d.189, effective 5/2/1988.
See: 20 New Jersey Register 323(a), 20 New Jersey Register 975(a).
Deleted the "United States Trotting Association" and "Racing Commission" and added "Sire Stakes".
Amended by R.1994 d.271, effective 6/6/1994.
See: 26 New Jersey Register 1181(a), 26 New Jersey Register 2256(a).
Amended by R.1997 d.329, effective 8/4/1997.
See: 29 New Jersey Register 1435(a), 29 New Jersey Register 3449(a).
In (a)10, changed month of meeting to July from June.
Amended by R.2000 d.161, effective 4/17/2000.
See: 32 New Jersey Register 179(a), 32 New Jersey Register 1418(a).
In (a)10, substituted a reference to January for a reference to July.

N.J. Admin. Code § 2:32-2.2 Qualifying standards

(a) In order to be eligible for nomination to the New Jersey Sire Stakes Program, a foal must be the product of the mating of a Standardbred mare with a resident New Jersey Sire Stakes stallion meeting the requirements at N.J.A.C. 2:32-2.3 and 2.4.

A foal that meets the criteria at (a) above, and which is the result of a breeding that occurred on a farm in New Jersey, or as a result of the intra-or inter-state transportation of the fresh semen of a qualifying stallion, may be eligible for nomination to the Sire Stakes Program.

(b) A foal that otherwise meets the criteria at (a) above, but was conceived using frozen semen or ovum/embryo transplant, may be eligible for nomination to the Sire Stakes Program, provided all other registration requirements are met as set forth under Rule 26 of the United States Trotting Association's Rules and Regulations (available at http://www.ustrotting.com/rulebook/ or by contacting the Program at the New Jersey Department of Agriculture, Division of Marketing and Development at http://www.nj.gov/agriculture/divisions/md/about/contacts.html), and if the following requirements are satisfied:

Beginning with the 2010 breeding season and for foals of 2011 and thereafter, the foal was conceived by semen that has been frozen, and:

i. The dam of said foal resides outside of the North American continent at the time she is impregnated; or

ii. The requirements of N.J.A.C. 2:32-2.4(d) have been met.

After January 1, 2006, the foal was conceived through embryo/ovum transplant, and the following conditions have been met:

i. The Registrar of the United States Trotting Association granted approval for the embryo/ovum transplant before the transplant took place;

ii. Only a donor mare's first born embryo/ovum transplant foal each year will be eligible for registration; and

iii. The donor mare is at least two years of age or older at the time of the embryo/ovum transplant.

History

Amended by 47 N.J.R. 2350(a), effective 9/21/2015

N.J. Admin. Code § 2:32-2.3 Requirements for Sire Stakes stallions

(a) A Sire Stakes stallion shall be a registered Standardbred stallion standing on a farm in New Jersey for breeding purposes in accordance with N.J.A.C. 2:32-2.4, and shall be owned by a resident of the State of New Jersey or leased by a resident of the State of New Jersey for a period of at least 10 years.

(b) A stallion must be registered with the Standardbred Breeders and Owners Association of New Jersey (SBOA-NJ) as a Sire Stakes stallion in order for his foals to be eligible to be nominated to the New Jersey Sire Stakes Program. Each Sire Stakes stallion shall be registered annually for a registration period beginning January 1 and ending December 31, which shall be referred to hereinafter as the "breeding season." In order for foals that are a result of the interstate shipment of fresh semen of a Sire Stakes stallion to be eligible for nomination to the Sire Stakes Program, the stallion of said foal must have been registered with the SBOA-NJ for participation in the interstate program.

(c) A completed stallion registration application must be received by the SBOA-NJ at: SBOA-NJ, 64 Business Route 33, Manalapan, NJ 07726, not later than December 1 of the year prior to that in which the stallion is to stand. In addition, a Certificate of Veterinary Inspection, completed by a licensed New Jersey veterinarian who examined the stallion at the beginning of the current breeding season, shall be submitted to the SBOA-NJ, along with a copy of the EIA-AGID test chart, no later than March 1. A Certificate of Veterinary Inspection shall be submitted for each dual hemisphere stallion on or before March 15 of the current breeding season by a licensed New Jersey veterinarian who examined the stallion prior to its first breeding of the season, and not later than March 1 of the year the stallion is registered and standing.

(d) Provided that they meet all other eligibility requirements set forth in these rules, the foals of stallions registered in accordance with this section shall be eligible to be nominated to all Premier Division races, all Standardbred Development Fund Division races, and any other races administered by the New Jersey Sire Stakes Program.

History

Amended by R.1988 d.189, effective 5/2/1988.
See: 20 N.J.R. 323(a), 20 N.J.R. 975(a). Deleted old (c) and substituted new.
Amended by R.1989 d.95, effective 2/21/1989.
See: 20 N.J.R. 2952(a), 21 N.J.R. 443(a).
Added "Open and Filly Division" and "Fair and Pari-Mutuel"; deleted (g)11.
Amended by R.1991 d.241, effective 5/6/1991.
See: 23 N.J.R. 252(a), 23 N.J.R. 1408(b).
Corrected address and title of organization issuing Certificate of Good Health.
Amended by R.1992 d.239, effective 6/15/1992.
See: 24 N.J.R. 1142(a), 24 N.J.R. 2241(a).
Revised text. Amended by R.1997 d.329, effective 8/4/1997.
See: 29 N.J.R. 1435(a), 29 N.J.R. 3449(a).
In (c), (d)2, and (f), inserted provisions relating to dual hemisphere stallions; and in (f), amended internal cite.
Amended by R.2001 d.137, effective 5/7/2001.
See: 33 N.J.R. 390(a), 33 N.J.R. 1369(a).
In (g), deleted 6 and 9 and recodified former 7 and 8 as new 6 and 7 and former 10 and 11 as new 9 and 10.
Repeal and New Rule, R.2003 d.337, effective 8/18/2003.
See: 34 N.J.R. 3450(a), 35 N.J.R. 3856(a).
Section was "Registration of stallions".
Amended by R.2005 d.290, effective 9/6/2005.
See: 36 N.J.R. 5026(a), 37 N.J.R. 3284(b).
In (d), substituted "64 Business Route 33, Manalapan, NJ 07726" for "Box 839, Freehold, NJ 07728".

N.J. Admin. Code § 2:32-2.4 Stallion standing full season

(a) In order to establish and maintain the eligibility of his foals for the Sire Stakes Program, a stallion must be present on the farm in New Jersey on which he is registered to stand by the dates published by the SBOA-NJ for the year for which he is registered as a Sire Stakes stallion and shall stand on that farm for breeding purposes for the full breeding season. A Sire Stakes stallion that is registered as a dual hemisphere stallion must be present on the farm on which he is registered to stand by the dates published by the SBOA-NJ of the year of registration, and shall stand on that farm for breeding purposes for the remainder of the breeding season, except that the Sire Stakes Board of Trustees may grant permission allowing a dual hemisphere stallion to leave the farm after July 15 of the breeding season in order to return to the southern hemisphere.

No Sire Stakes stallion shall be moved before the end of the breeding season from the farm on which he is registered to stand without the prior permission (excluding medical emergency) of the Sire Stakes Board of Trustees.

(b) A stallion may race during a breeding season for which he is registered as a Sire Stakes stallion, so long as all proper registration paperwork is submitted. The Sire Stakes Board of Trustees may grant permission to compete in any stakes or invitational events only to a first year Sire Stakes stallion whose participation the Board of Trustees determines to be important to the betterment of the Sire Stakes Program. The granting of permission to race pursuant to this section shall not relieve any stallion from the requirements at (a) above or this subsection, except that any stallion granted such permission shall not be required to be on the farm on which he is registered to stand until March 1 of the breeding season. In order to be eligible, any stallion granted permission to continue racing may only breed or have semen collected on a farm within the boundaries of the State of New Jersey. Semen must be available for pick up at the farm where the stallion is registered. Any semen collection of such a stallion must be supervised by a responsible party and then certified to, in writing, by a veterinarian licensed to practice in the State of New Jersey. A stallion's semen that is gathered outside of the State of New Jersey cannot be used to breed foals that are eligible to be nominated to the New Jersey Sire Stakes Program. Stallions that are registered in any jurisdiction other than the State of New Jersey shall be automatically disqualified from participation in the New Jersey Sire Stakes Program and any foals resulting from breedings to said stallions shall be ineligible to participate in the New Jersey Sire Stakes Program.

(c) If a registered Sire Stakes stallion is moved during a breeding season without having obtained the prior permission of the Sire Stakes Board of Trustees, the foals of that stallion which were bred during that breeding season shall not be eligible for the Sire Stakes Program.

(d) In the event that a stallion based in New Jersey dies during a breeding season, frozen semen of the deceased stallion may be used to establish and maintain the eligibility of his foals for the Sire Stakes Program; however, no foal conceived after the July 1 immediately succeeding the stallion's death shall be eligible for registration.

History

Amended by 47 N.J.R. 2350(a), effective 9/21/2015

N.J. Admin. Code § 2:32-2.5 List of mares bred

The stallion owner must supply the New Jersey Standardbred Breeders and Owners Association, the New Jersey Sire Stakes, and the United States Trotting Association a list of mares bred, on a form prescribed by the Sire Stakes Board of Trustees, identifying each mare that has been bred to said stallion including those mares that were bred through transported semen. A final list of mares bred is to be supplied by not later than September 15 of the breeding season and shall contain all breeding activity of said stallion for the entire breeding season, including those mares that were bred through transported semen.

History

Amended by R.1988 d.189, effective 5/2/1988.
See: 20 New Jersey Register 323(a), 20 New Jersey Register 975(a).
Changed section heading from "Certificate of mating".
Amended by R.1997 d.329, effective 8/4/1997.
See: 29 New Jersey Register 1435(a), 29 New Jersey Register 3449(a).
Added last sentence.
Amended by R.2003 d.337, effective 8/18/2003.
See: 34 New Jersey Register 3450(a), 35 New Jersey Register 3856(a).
Rewrote the section.

N.J. Admin. Code § 2:32-2.6 Fund policy

(a) After consideration of the Standardbred Development Fund portion of the Sire Stakes purse money and special event money is made, the Premier Division of the Sire Stakes purse money will be allocated as determined by the Board of Trustees.

(b) All Sire Stakes purse moneys shall be determined each year by the Board of Trustees of the New Jersey Sire Stakes.

(c) Advertised purse moneys for all New Jersey Sire Stakes, including contributions to special event races, are predicated upon the Pari-mutuel handle of New Jersey harness tracks and therefore are subject to change without notice. Starting fees may also be adjusted, but will never be more than originally advertised for the current season.

(d) All horsemen's fees are to follow a horse by sex and gait and the fees are to remain in the respective pools.

History

Amended by 47 N.J.R. 2350(a), effective 9/21/2015

N.J. Admin. Code § 2:32-2.7 Transfer of race

(a) If for any reason it becomes impractical or undesirable, in the opinion of the New Jersey Sire Stakes Board of Trustees, to hold the race(s) at the advertised track, the New Jersey Sire Stakes Board, while making every effort to adhere as closely as possible to the advertised location, fees, date, and purse, reserves the right to change any of the foregoing or to cancel the event.

(b) It shall not be the responsibility of the New Jersey Sire Stakes Board of Trustees to individually inform Sire Stakes nominators, agents, or trainers of any of the changes mentioned in (a) above.

(c) The Board shall advertise or publicize changes in racing interest trade magazines such as the various Standardbred related magazines and/or newsletters, and suggests all program participants communicate with the New Jersey Sire Stakes offices.

History

Amended by R.1994 d.271, effective 6/6/1994.
See: 26 New Jersey Register 1181(a), 26 New Jersey Register 2256(a).
Amended by R.2001 d.137, effective 5/7/2001.
See: 33 New Jersey Register 390(a), 33 New Jersey Register 1369(a).
Deleted (d).

N.J. Admin. Code § 2:32-2.8 Reserved

History

Repealed by R.1988 d.189, effective 5/2/1988.
See: 20 New Jersey Register 323(a), 20 New Jersey Register 975(a).
Section was "Number of Sire Stakes races".

N.J. Admin. Code § 2:32-2.9 Yearling nominations

(a) All yearlings to be nominated to the Sire Stakes Program must be registered with the United States Trotting Association or any Standardbred Registry recognized by the United States Trotting Association and must hold a certificate of registration dated on or before the time of nomination.

Nominations of yearlings to the Premier and Standardbred Development Fund divisions shall be received along with the nomination fee payment, by the office of the New Jersey Sire Stakes, not later than May 15 of each yearling year or, if May 15 falls on a Saturday, Sunday, or a holiday, on the next business day following that date. Nominations received after the closing date will not be accepted. Yearlings that are registered for the Premier Division shall also be eligible to participate in the Standardbred Development Fund Division.

The yearling nomination fee for the foals of mares resident or bred while in the State of New Jersey shall be $ 50.00, provided that a copy of the United States Trotting Association certificate of registration or a certificate of registration from a Standardbred Registry body recognized by the United States Trotting Association accompanies the yearling nomination form. An additional $ 25.00 processing fee shall be due if the copy of the United States Trotting Association certificate of registration or a certificate of registration from a Standardbred Registry body recognized by a United States Trotting Association is not submitted. The nomination fee for those yearlings otherwise meeting all Sire Stakes eligibility requirements of this chapter, but which were not the foals of mares resident or bred while in the State, shall be $ 100.00 if accompanied by a certificate of registration or a copy of a certificate of registration from the United States Trotting Association or from a Standardbred Registry Body recognized by the United States Trotting Association. An additional $ 25.00 processing fee shall be due if said certificate of registration is not submitted. Payment of the nomination fee covers nomination to both the Standardbred Development Fund and Premier divisions. Thereafter, each division will have separate sustaining payments. Nomination payments are to be made to the New Jersey Sire Stakes, PO Box 330, Trenton, NJ 08625.
The yearling nomination payment form will also provide for nomination to the Renaissance Pace upon payment of an additional fee of $ 25.00 for colts and $ 15.00 for fillies, which is also due by May 15.
Supplemental nominations may be made to the New Jersey Sire Stakes. Parties delinquent in paying the May 15 yearling nomination fee date are given until September 15 of the yearling year to fulfill the aforementioned conditions of nomination and pay the nomination fee along with an additional late fee of $ 300.00. For nominations received after September 15, but on or before February 15 of the two-year-old year, the cost will be $ 650.00 in addition to the original nomination fee. An additional $ 700.00 is required to supplement the Renaissance Open Pace or $ 400.00 for the Renaissance Filly division by February 15 of the two-year-old year.

History

Amended by 47 N.J.R. 2350(a), effective 9/21/2015

N.J. Admin. Code § 2:32-2.10 Sustaining fees

The Board of Trustees may reduce sustaining fees by majority vote; otherwise, the sustaining fee schedule will be as follows:

| PREMIER DIVISION | | | | --- | --- | --- | | Age | First Sustaining Fee | Second Sustaining Fee | | 2 | $300.00 (Feb. 15) | $500.00 (Apr. 15) | | 3 | $300.00 (Feb. 15) | $500.00 (Apr. 15) |

| STANDARDBRED DEVELOPMENT FUND DIVISION | | | | --- | --- | --- | | Age | First Sustaining Fee | Second Sustaining Fee | | 2 | $100.00 (Feb. 15) | $150.00 (Apr. 15) | | 3 | $100.00 (Feb. 15) | $150.00 (Apr. 15) |

| RENAISSANCE PACE | | | --- | --- | | Age | Sustaining Fee | | 2YO Open | $700.00 (Mar. 15) | | 2YO Filly | $400.00 (Mar. 15) |

| BREEDERS MATURITY | | | --- | --- | | Age | Sustaining Fee | | 4YO Open | $200.00 (Feb. 15) | | 4YO Mares | $200.00 (Feb. 15) |

History

Amended by 47 N.J.R. 2350(a), effective 9/21/2015

N.J. Admin. Code § 2:32-2.11 Payment dates

(a) In the Premier Division, the first sustaining payment on a two- or three-year-old must be made on or before February 15 of a year and the second sustaining payment on a two- or three-year-old must be made on or before April 15 of a year in order to remain eligible in that year.

(b) In the Standardbred Development Fund Division, the first sustaining payment on a two- or three-year-old must be made on or before February 15 of a year and the second sustaining payment on a two- or three-year-old must be made on or before April 15 of a year in order to remain eligible in that year. In the event that the 15th day of the aforementioned months falls on a Saturday, Sunday, or holiday, the payment must be postmarked on or before the next business day following the 15th of that month.

History

Amended by R.1989 d.95, effective 2/21/1989.
See: 20 New Jersey Register 2952(a), 21 New Jersey Register 443(a).
Deleted four-year-old.
Amended by R.1991 d.241, effective 5/6/1991.
See: 23 New Jersey Register 252(a), 23 New Jersey Register 1408(a).
Editorial change only.
Amended by R.2001 d.137, effective 5/7/2001.
See: 33 New Jersey Register 390(a), 33 New Jersey Register 1369(a).
In (b), substituted "Green Acres" for "Fair".

N.J. Admin. Code § 2:32-2.12 Eligibility

(a) In order for Sire Stakes eligible two-year-old horses to remain eligible as three-year-olds, their owners must have made the yearling nomination and the first two-year-old sustaining payment. This condition applies to both the Standardbred Development Fund and Premier Divisions.

(b) A two-year-old's owner who makes the nomination payment but fails to make the first sustaining payment in either the Standardbred Development Fund or Premier Program may regain his or her horse's eligibility for its two-year-old and three-year-old seasons by payment of a penalty of $ 1,000 plus the amount of the first sustaining payment within 30 days of the original due date of the payment.

History

Amended by R.1988 d.189, effective 5/2/1988.
See: 20 New Jersey Register 323(a), 20 New Jersey Register 975(a).
Added (b).
Amended by R.2001 d.137, effective 5/7/2001.
See: 32 New Jersey Register 390(a), 33 New Jersey Register 1369(a).
In (a), deleted second sentence and substituted "Green Acres" for "Fair" throughout section.

N.J. Admin. Code § 2:32-2.13 Dishonored checks

An individual whose check for a sustaining payment, nominating payment, or starting fee is dishonored by the bank will be turned over to the New Jersey Racing Commission for appropriate action and the horse or horses will be immediately declared ineligible for all future Sire Stakes events until the check is made good. A $ 50.00 administrative fee must be paid for each dishonored check. After an individual has issued more than one dishonored check, all future payments must be made by certified check or money order.

History

Amended by R.1988 d.189, effective 5/2/1988.
See: 20 New Jersey Register 323(a), 20 New Jersey Register 975(a).
Revised administrative fee from $ 25.00 to $ 50.00.
Amended by R.1989 d.95, effective 2/21/1989.
See: 20 New Jersey Register 2952(a), 21 New Jersey Register 443(a).
Added text "After an individual ...".

N.J. Admin. Code § 2:32-2.14 No cash or partial payments

The New Jersey Sire Stakes Program will accept no cash payment on nominating and sustaining payments. All fees must be paid in good United States funds. No post-dated checks or partial payments on a nominating, sustaining, or entry fee will be accepted on individual horses.

History

Amended by R.1988 d.189, effective 5/2/1988.
See: 20 New Jersey Register 323(a), 20 New Jersey Register 975(a).
Substituted "must" for "will".

N.J. Admin. Code § 2:32-2.15 Refunds

All requests for refunds on sustaining or nominating payments must be made by letter to the Board Secretary postmarked on or before the 15th of the month in which the payment is due. In the event that the 15th falls on a Saturday, Sunday, or holiday, the due date will be the next business day following the 15th.

N.J. Admin. Code § 2:32-2.16 Time of declaration

Starters declare in at the same time as in practice for overnight events at the raceway where Sire Stakes Races will be contested. Under no circumstances shall late entries be accepted.

History

Amended by R.2001 d.137, effective 5/7/2001.
See: 33 New Jersey Register 390(a), 33 New Jersey Register 1369(a).
Substituted "Under no circumstances shall late entries be accepted." for "Entries for the New Jersey Sire Stakes Fair Program will close at 9:00 A.M., three days prior to the race, with Sundays excepted."

N.J. Admin. Code § 2:32-2.17 Reserved

History

Repealed by R.2001 d.137, effective 5/7/2001.
See: 33 New Jersey Register 390(a), 33 New Jersey Register 1369(a).
Section was "Entry blanks".

N.J. Admin. Code § 2:32-2.18 Name change notification

Owners, trainers, drivers, or their agents, or Stake Services, shall notify the New Jersey Sire Stakes Program of a name or gait change of a horse by the time of declaration to a race, or the entry may not be accepted for that race. No sustaining payments shall be accepted on any unnamed horse.

History

Amended by R.2001 d.137, effective 5/7/2001.
See: 33 New Jersey Register 390(a), 33 New Jersey Register 1369(a).
Added "No sustaining payments shall be accepted on any unnamed horse".

N.J. Admin. Code § 2:32-2.19 Entry fee deadlines

(a) All Sire Stakes Race entry fees must be paid at the time of the race or the horse may not be allowed to start.

(b) All New Jersey Sire Stakes horses entered and drawn to post positions are required to pay entry fees at the track. This entry fee is required even though a horse is scratched.

(c) The entry fee must be paid or the horse will not be permitted to race in any Sire Stakes event until the fee is paid and collected.

(d) The entry fee will not be refunded unless the horse dies between the time of declaration and the start of the race.

(e) When an owner has outstanding debts owed to the New Jersey Sire Stakes, every horse owned in whole or part by that owner shall be subject to be declared ineligible by the Board of Trustees or its representative to be entered or to start in any New Jersey Sire Stakes Race until such time that debt is collected.

History

Amended by R.1988 d.189, effective 5/2/1988.
See: 20 New Jersey Register 323(a), 20 New Jersey Register 975(a).
Deleted text "to start" in (d).
Amended by R.1992 d.239, effective 6/15/1992.
See: 24 New Jersey Register 1142(b), 24 New Jersey Register 2241(a).
Revised (b)-(d).
Amended by R.2001 d.137, effective 5/7/2001.
See: 33 New Jersey Register 390(a), 33 New Jersey Register 1369(a).
In (a), substituted "may" for "will".

N.J. Admin. Code § 2:32-2.20 Entry fees

(a) Entry fees will be added to the basic purse in Standardbred Development Fund and Premier series races. Entry fees will be:

| Premier Division | Standardbred Development Fund Division | | --- | --- | | 2 year olds. . . $500.00 | 2 year olds. . . $200.00 | | 3 year olds. . . $500.00 | 3 year olds. . . $200.00 |

(b) Entry fees for Premier Finals will be $ 1,500.

(d) The Sire Stakes Board of Trustees may reduce entry fees by majority vote in the interest of the Sire Stakes Program.

History

Amended by R.1989 d.95, effective 2/21/1989.
See: 20 N.J.R. 2952(a), 21 N.J.R. 443(a).
Deleted four year olds.
Amended by R.1992 d.239, effective 6/15/1992.
See: 24 N.J.R. 1142(b), 24 N.J.R. 2241(a).
Revised section.
Amended by R.2001 d.137, effective 5/7/2001.
See: 33 N.J.R. 390(a), 33 N.J.R. 1369(a).
Rewrote section.
Amended by R.2002 d.326, effective 10/7/2002.
See: 34 N.J.R. 1765(a), 34 N.J.R. 3497(a).
In (b), substituted "Raceway" for "and Garden State".
Amended by R.2005 d.290, effective 9/6/2005.
See: 36 N.J.R. 5026(a), 37 N.J.R. 3284(b).
In (b), "Pari-mutuel Finals" fees decreased from "$ 2,500" to "$ 1,500", "The Meadowlands" fees decreased from "$ 1,500" to "$ 1,000".
Amended by R.2008 d.73, effective 4/7/2008.
See: 39 N.J.R. 4359(a), 40 N.J.R. 1825(a).
In the "Green Acres Division" column in the table in (a), substituted "$ 200.00" for "$ 300.00" twice.

N.J. Admin. Code § 2:32-2.21 Purse distribution

(a) The purse will be distributed as follows:

| 1. | 50-25-12-8-5 | if 5 starters or more | | --- | --- | --- | | 2. | 55-25-12-8................. | if only 4 starters | | 3. | 60-28-12..................... | if only 3 starters | | 4. | 65-35 | if only 2 starters | | 5. | 100 | in case of walk over |

History

Amended by 47 N.J.R. 2350(a), effective 9/21/2015

N.J. Admin. Code § 2:32-2.22 Qualifying standards

All starters in the New Jersey Sire Stakes Premier Division and the New Jersey Sires Stakes Standardbred Development Fund Division must meet all track qualifying standards at the track where the race is being contested and be eligible at time of entry.

History

Amended by R.1988 d.189, effective 5/2/1988.
See: 20 New Jersey Register 323(a), 20 New Jersey Register 975(a).
Qualifying times changed for two year old trot; year changed to '88 and (b)2 added.
Amended by R.1989 d.95, effective 2/21/1989.
See: 20 New Jersey Register 2952(a), 21 New Jersey Register 443(a).
Substantially amended.
Amended by R.1990 d.203, effective 4/2/1990.
See: 22 New Jersey Register 3(a), 22 New Jersey Register 1116(c).
One second decrease in qualifying times in two-year-old trot category.
Amended by R.1991 d.241, effective 5/6/1991.
See: 23 New Jersey Register 252(a), 23 New Jersey Register 1408(a).
Requirements added for horses making a break in a qualifying race.
Amended by R.1995 d.276, effective 6/5/1995.
See: 27 New Jersey Register 969(a), 27 New Jersey Register 2179(a).
One second decrease in qualifying times for three-year-olds on all three track configurations.
Amended by R.1998 d.178, effective 4/6/1998.
See: 29 New Jersey Register 5126(a), 30 New Jersey Register 1283(b).
In (a), deleted a former second sentence in 2, added a second sentence in 3, and deleted former 4; and in (b), rewrote the table.
Amended by R.2001 d.137, effective 5/7/2001.
See: 33 New Jersey Register 390(a), 33 New Jersey Register 1369(a).
Substantially rewrote section.

N.J. Admin. Code § 2:32-2.23 Splitting races

Each race is to be a one mile dash. If it becomes necessary to split an event, the Board reserves the right to adopt one of the methods of division racing then current, including elimination dashes.

N.J. Admin. Code § 2:32-2.24 Number of starters

In all Sire Stakes races, the number of starters permitted in the first tier shall be at the discretion of the judges. No more than two trailers will be permitted in the second tier. However, no trailers shall be permitted in the races designated as finals.

History

Amended by 47 N.J.R. 2350(a), effective 9/21/2015

N.J. Admin. Code § 2:32-2.25 Reserved

History

Amended by R.1988 d.189, effective 5/2/1988.
See: 20 New Jersey Register 323(a), 20 New Jersey Register 975(a).
Added (b).
Repealed by R.2001 d.137, effective 5/7/2001.
See: 33 New Jersey Register 390(a), 33 New Jersey Register 1369(a).
Section was "Eligibility papers".

N.J. Admin. Code § 2:32-2.26 Splitting and carrying over divisions

In the event a Sire Stakes event is split into divisions, such Sire Stakes event shall be divided and the purse money for each division shall be established at the discretion of the Board of Trustees of the New Jersey Sire Stakes, however each division shall race for an equal share of the total purse. In the event that a Premier event splits into more than three divisions, one or more of the divisions in excess of three may be carried over to the following racing day.

History

Amended by 47 N.J.R. 2350(a), effective 9/21/2015

N.J. Admin. Code § 2:32-2.27 Final races

(a) There will be a two- and three-year old "Final" race in each Premier Division at the pari-mutuel raceways as scheduled by the New Jersey Sire Stakes Board of Trustees. There will be a Standardbred Development Fund Division series "Final" race in each Division for two-and three-year-olds.

(b) Consolation races may be scheduled at the option of the track and shall be conducted under track rules. Horses eligible to race in the final events must race in the finals and not in the consolation events.

(c) Each Premier Final will have a $ 1,500 entry fee at The Meadowlands and is open to the highest New Jersey Sire Stakes point winners in the series that are declared in and can be drawn to a post position in the first tier. Each Standardbred Development Fund Final will have a $ 500.00 entry fee and is open to the highest New Jersey Sire Stakes Standardbred Development Fund point earners that are declared in and can be drawn to post in the first tier. Trailers are not permitted to start in any New Jersey Sire Stakes Finals. The entry fee is subject to reduction by the Sire Stakes Board of Trustees in the interest of the Sire Stakes Program.

(d) All horses competing in both the Premier and Standardbred Development Fund Finals at all tracks will be determined on a point basis. A horse must start and finish a heat in order to earn points. The point value will be awarded as follows:

50 points for winning a heat;
25 points for placing second in a heat;
12 points for placing third in a heat;
Eight points for placing fourth in a heat;
Five points for placing fifth in a heat;

Four points for placing sixth in a heat;

Three points for placing seventh in a heat;
Two points for placing eighth in a heat; and
One point for placing ninth, 10th, 11th, or 12th in a heat.

(e) In the event of less than five starters, the points shall be awarded in the same fashion as the purse breakdown with less than five starters as in N.J.A.C. 2:32-2.21.

(f) In the event of a dead heat for any position in a New Jersey Sire Stakes race, the points shall be split evenly between the two horses, as is currently done with the purse moneys.

(g) In the event of a tie in point standings for Final events, money won in Sire Stakes races in which points were accumulated shall be used to break the tie.

(h) In the event of a tie for the last spot in the top 10 or top eight money winners for a Final event, the last spot in the Final will be drawn by lot from among the horses tied in both points and money winnings in the Sire Stakes and having the highest point totals and not already included in the Final.

(i) Judges' "official order of finish" will be used in determining eligibility to Finals exclusive of all appeals yet to be decided at the time of closing of the entry box for Finals.

(j) Total points accumulated towards Final Race eligibility in the Premier Division shall include only Premier Division points. Only Standardbred Development Division race points count toward the Standardbred Development Final eligibility.

History

Amended by 47 N.J.R. 2350(a), effective 9/21/2015

N.J. Admin. Code § 2:32-2.28 Separate Standardbred Development Fund Division

A separate New Jersey Sire Stakes Standardbred Development Fund Division with a separate payment schedule may be in force.

History

Amended by 47 N.J.R. 2350(a), effective 9/21/2015

N.J. Admin. Code § 2:32-2.29 Reserved

History

Amended by R.1989 d.95, effective 2/21/1989.
See: 20 New Jersey Register 2952(a), 21 New Jersey Register 443(a).
This section was recodified from 2.32. The original section was "Four-year-old split" and was repealed.
Repealed by R.2001 d.137, effective 5/7/2001.
See: 33 New Jersey Register 390(a), 33 New Jersey Register 1369(a).
Section was "Supervising Race Secretary".

N.J. Admin. Code § 2:32-2.30 Broadcasting revenues

(a) In the event the Sire Stakes Board receives revenues derived from the broadcast of Sire Stakes events, any incremental revenues derived from these broadcasts shall be exclusively used by the New Jersey Sire Stakes Program to supplement the purse of Sire Stakes races.

(b) The nominator and/or owner of horses racing in Sire Stakes events expressly and irrevocably assigns to the New Jersey Sire Stakes the ownership rights of any broadcast revenues derived therefrom.

History

Amended by R.1989 d.95, effective 2/21/1989.
See: 20 New Jersey Register 2952(a), 21 New Jersey Register 443(a).
This section was recodified from 2.34. The original section was "Four-year-old division".

Subchapter 3 APPEALS

N.J. Admin. Code § 2:32-3.1 Appeal from decision of Supervising Race Secretary

When any decision is made by any person representing the Board of Trustees pursuant to the law of New Jersey or rules of the Board of Trustees, said decision may be appealed to the Board of Trustees and a hearing requested.

N.J. Admin. Code § 2:32-3.2 Right of appeal

(a) Any person aggrieved by any action or inaction by the Board of Trustees, or its representatives, may request an informal meeting with the Board to settle any dispute, or seek clarification of the Board's rules. The Board shall respond, in writing, to any such request stating the reasons for its determination.

(b) If any dispute is required by law or regulation to be handled formally, or if a party is dissatisfied with an informal determination, or if the Board determines the matter contested, the matter shall be treated in accordance with the Administrative Procedures Act (N.J.S.A. 52:14B-1 et seq. and N.J.S.A. 52:14F-1 et seq.), and the Uniform Administrative Procedure Rules, N.J.A.C. N.J.S.A. 1:1-1 et seq.

N.J. Admin. Code § 2:32-3.3 Nature of proceedings

All hearings before the Board of Trustees will be de novo proceedings and shall be accompanied by notice and an opportunity to be heard.

N.J. Admin. Code § 2:32-3.4 Appeal procedure

In the event that an appeal is taken to the Board of Trustees, said appeal and one copy must be filed, in writing, at the office of the Board of Trustees within 20 days of the date of the receipt of the decision by the person representing the Board of Trustees.

N.J. Admin. Code § 2:32-3.5 Hearing; costs

The applicant shall be responsible for any costs incurred in connection with any hearing held pursuant to the right of appeal contained in this subchapter and the laws of the State of New Jersey.

N.J. Admin. Code § 2:32-3.6 Acting on appeals

The Board of Trustees shall act on all appeals in accordance with the laws of the State of New Jersey and the rules and regulations promulgated by the Board of Trustees.

History

Amended by R.2002 d.326, effective 10/7/2002.
See: 34 New Jersey Register 1765(a), 34 New Jersey Register 3497(a).
Inserted "and regulations" following "the rules".

Chapter 32A NEW JERSEY STANDARDBRED DEVELOPMENT FUND CONDITIONS

Subchapter 1 STANDARDBRED DEVELOPMENT FUND PROGRAM

N.J. Admin. Code § 2:32A-1.1 General provisions

The Sire Stakes Program Board of Trustees, on behalf of the Standardbred Development Fund Program, hereby adopts and incorporates by reference, as amended and supplemented, the 2021 U.S. Trotting Rule Book. Copies of the most current regulations may be procured online at http://www.ustrotting.com/rulebook/ and are available for inspection by contacting the Division of Marketing and Development at the New Jersey Department of Agriculture, 200 Riverview Plaza, Trenton, New Jersey. The Division's contact information can be found at: http://www.nj.gov/agriculture/divisions/md/about/contacts.html.

History

Amended by 47 N.J.R. 647(a), effective 3/16/2015.

Subchapter 2 NEW JERSEY STANDARDBRED DEVELOPMENT FUND CONDITIONS

N.J. Admin. Code § 2:32A-2.1 Adoption of by-laws

(a) The by-laws of the New Jersey Standardbred Development Fund Program are hereby adopted as follows:

There is hereby established in the State of New Jersey a Standardbred Development Fund Program for Standardbred horses, foaled in the State of New Jersey, and to be the product of a registered New Jersey mare, registered with the New Jersey Standardbred Development Fund Program as such.
Those horses eligible to race under the Standardbred Development Fund Program shall be:

i. Any foal of any registered New Jersey mare that shall have resided in the State of New Jersey for a minimum of 150 consecutive days, including the foaling of said eligible horse; or

ii. Any foal sired by a registered New Jersey-based stallion and otherwise eligible to the New Jersey Sire Stakes Program.

The Standardbred Development Fund Program shall be administrated by the Board of Trustees of the New Jersey Sire Stakes Program.
The Board of Trustees of the Sire Stakes Program is authorized to do all that is necessary for the proper administration of the Standardbred Development Fund Program and shall prepare, issue, and promulgate rules providing for:

i. Classes and division of races, eligibility of horses and owners therefore, and prizes and awards to be awarded;

ii. Nominating, sustaining, and entry fees for horses and races;

iii. Such temporary programs including eligibility of horses, breeding, and other matters as may be necessary to make the Sire Stakes Program operable as soon as possible;

iv. Registration and certification of New Jersey stallions, mares bred to such stallions, and foals produced thereby; and

v. Such other matters as the Board determines to be necessary and appropriate for the proper administration and implementation of the Standardbred Development Fund Program.

The funds for the Standardbred Development Fund Program and the nominating, sustaining, and entry fees provided for in this chapter, shall be administered by the New Jersey Department of Agriculture and shall be deposited in a trust account entitled Sire Stakes Fund.
All disbursements from the Sire Stakes Fund for the payment of purses and awards, cost of administration, reimbursement of expenses of members of the Board of Trustees, and any other appropriate expenses, shall be made by the Secretary of Agriculture or his or her designee.
Standardbred Development Fund races shall be run only at licensed harness tracks in the State of New Jersey. The races, purses, and awards awarded therefore shall be pursuant to the rules of the Board of Trustees of the New Jersey Sire Stakes in this chapter and the New Jersey Racing Commission.

History

Amended by 47 N.J.R. 647(a), effective 3/16/2015.

N.J. Admin. Code § 2:32A-2.2 Qualifying standards

(a) In order to be eligible for nomination to the New Jersey Standardbred Development Fund Program, a foal must be the product of the mating of:

A Standardbred mare with a resident New Jersey Sire Stakes stallion meeting the requirements at N.J.A.C. 2:32-2.3. Said mares do not need to be registered with the New Jersey Standardbred Development Fund Program, nor does a registration fee need to be paid for said mares; or
A Standardbred mare with any Standardbred stallion that is registered with the United States Trotting Association or such other generally recognized Standardbred breed provided the mare resides in the State of New Jersey for a period of at least 150 days including the date of foaling. Said mare must be registered with the New Jersey Standardbred Development Fund Program by December 31 of the year of foaling in order for the offspring to be eligible to the Standardbred Development Fund Program. The registration form must be accompanied by a payment of $ 100.00.

History

Amended by 47 N.J.R. 647(a), effective 3/16/2015.

N.J. Admin. Code § 2:32A-2.3 Fund policy

(a) All purse money will be allocated as determined by the Board of Trustees of the New Jersey Sire Stakes.

(b) Advertised purse moneys for all New Jersey Sire Stakes and Standardbred Development Fund races are predicated upon the pari-mutuel handle of New Jersey harness tracks and, therefore, are subject to change without notice. Starting fees may also be adjusted, but will never be more than originally advertised for the current season.

N.J. Admin. Code § 2:32A-2.4 Transfer of race

(a) If for any reason it becomes impractical or undesirable, in the opinion of the New Jersey Sire Stakes Board of Trustees, to hold the race at the advertised track, the New Jersey Sire Stakes Board, while making every effort to adhere as closely as possible to the advertised location, fees, date, and purse, reserves the right to change any of the foregoing or to cancel the event.

(b) It shall not be the responsibility of the New Jersey Sire Stakes Board of Trustees to individually inform Standardbred Development Fund nominators, agents, or trainers of any of the changes in (a) above.

(c) The Board shall advertise or publicize changes in racing interest trade magazines, such as the various Standardbred related magazines and/or newsletters, and suggests all program participants communicate with the New Jersey Sire Stakes office.

History

Amended by 47 N.J.R. 647(a), effective 3/16/2015.

N.J. Admin. Code § 2:32A-2.5 Yearling nominations

(a) All yearlings to be nominated to the Standardbred Development Fund Program must be registered with the United States Trotting Association or any Standardbred registry recognized by the United States Trotting Association and must hold a certificate of registration dated on or before the time of nomination.

Nominations of yearlings to the Standardbred Development Fund Program shall be received along with the nomination fee payment, by the office of the New Jersey Sire Stakes, not later than May 15 of each yearling year or, if May 15 falls on a Saturday, Sunday, or holiday, on the next business day following that date. Nominations received after the closing date will not be accepted.
Any yearling that has been nominated to the New Jersey Sire Stakes Program shall also be considered nominated to the Standardbred Development Fund Program without further payment of any additional nominating fees. Payment of the nomination fee covers nomination to both the Standardbred Development Fund Program and Premier Program. Thereafter, each program will have separate sustaining payments.
Nomination payments are to be made to the New Jersey Sire Stakes, P.O. Box 330, Trenton, NJ 08625.
The nomination fee for those yearlings otherwise meeting all Standardbred Development Fund Program eligibility requirements of this chapter, but which were foaled as a result of a breeding with a non-resident New Jersey stallion, shall be $ 50.00 if accompanied by a certificate of registration or a copy of a certificate of registration from the United States Trotting Association or from a Standardbred registry body recognized by the United States Trotting Association. These yearlings shall only be eligible to compete in the Standardbred Development Fund Program and not the New Jersey Sire Stakes Program. An additional $ 25.00 processing fee shall be due if said certificate of registration is not submitted. Thereafter, each program will have separate sustaining payments.
Supplemental nominations may be made to the New Jersey Standardbred Development Fund. Parties delinquent in paying on or before the May 15 yearling nomination fee date are given until September 15 of the yearling year to fulfill the aforementioned conditions of nomination and pay the nomination fee along with an additional late fee of $ 500.00. For nominations received after September 15, but on or before February 15 of the two-year-old year, the cost will be $ 700.00 in addition to the original nomination fee.

History

Amended by 47 N.J.R. 647(a), effective 3/16/2015.

N.J. Admin. Code § 2:32A-2.6 Sustaining fees

The sustaining fee schedule to the Standardbred Development Fund Program will be as follows:

| Age | First Sustaining Fee | Second Sustaining Fee | | --- | --- | --- | | Two and three | $100.00 (February 15) | $150.00 (April 15) |

The Board of Trustees of the New Jersey Sire Stakes Program may, at any time, in its sole discretion, reduce the amount of these fees as conditions warrant.

History

Adopted by 54 N.J.R. 1703(a), effective 9/6/2022

N.J. Admin. Code § 2:32A-2.7 Payment dates

(a) The first sustaining payment on a two- or three-year-old must be made on or before February 15 of a year and the second sustaining payment on a two- or three-year-old must be made on or before April 15 of a year in order to remain eligible in that year.

(b) In the event that the 15th day of the months in (a) above falls on a Saturday, Sunday, or holiday, the payment must be postmarked on or before the next business day following the 15th of that month.

N.J. Admin. Code § 2:32A-2.8 Eligibility

(a) In order for the Standardbred Development Fund eligible two-year-old horses to remain eligible as three-year-olds, their owners must have made the yearling nominations and the first two-year-old sustaining payments.

(b) A two-year-old's owner who makes the nomination payment but fails to make the first sustaining payment may regain his or her horse's eligibility for its two-year-old and three-year-old seasons by payment of a penalty of $ 1,000 plus the amount of the first sustaining payment within 30 days of the original due date of the payment.

History

Amended by 47 N.J.R. 647(a), effective 3/16/2015.

N.J. Admin. Code § 2:32A-2.9 Dishonored checks

An individual whose check for a sustaining payment, nominating payment, or starting fee is dishonored by the bank will be turned over to the New Jersey Racing Commission for appropriate action and the horse or horses will be immediately declared ineligible for all future Standardbred Development Fund events until the check is made good. A $ 50.00 administrative fee must be paid for each dishonored check. After an individual has issued more than one dishonored check, all future payments must be made by certified check or money order.

N.J. Admin. Code § 2:32A-2.10 No cash or partial payments

The New Jersey Standardbred Development Fund Program will accept no cash payment on nominating and sustaining payments. All fees must be paid in U.S. funds. No post-dated checks or partial payments on a nominating, sustaining, or entry fee will be accepted on individual horses.

N.J. Admin. Code § 2:32A-2.11 Refunds

All requests for refunds on sustaining or nominating payments must be made by letter to the Secretary of the New Jersey Sire Stakes Board of Trustees, postmarked on or before the 15th of the month in which the payment is due. In the event that the 15th falls on a Saturday, Sunday, or holiday, the due date will be the next business day following the 15th.

N.J. Admin. Code § 2:32A-2.12 Time of declaration

Starters declare in at the same time as in practice for overnight events at the raceway where Standardbred Development Fund Races will be contested. Under no circumstances will late entries be accepted.

N.J. Admin. Code § 2:32A-2.13 Name change notification

Owners, trainers, drivers, or their agents, or Stakes Services, shall notify the New Jersey Standardbred Development Fund Program of a gait or name change of a horse by the time of declaration to a race, or the entry may not be accepted for that race. No sustaining payments shall be accepted on any unnamed horse.

N.J. Admin. Code § 2:32A-2.14 Entry fee deadlines

(a) All Standardbred Development Fund Race entry fees must be paid at the time of the race or the horse may not be allowed to start.

(b) All New Jersey Standardbred Development Fund horses entered and drawn to post positions are required to pay entry fees at the track. This entry fee is required even though a horse is scratched.

(c) The entry fee must be paid or the horse will not be permitted to race in any Standardbred Development Fund event until the fee is paid and collected.

(d) The entry fee will not be refunded unless the horse dies between the time of declaration and the start of the race.

(e) When an owner has outstanding debts owed to the New Jersey Sire Stakes Program or Standardbred Development Fund Program, every horse owned in whole or part by that owner shall be subject to be declared ineligible by the Board of Trustees or its representative to be entered or to start in any New Jersey Sire Stakes or Standardbred Development Fund Race until such time that debt is collected.

N.J. Admin. Code § 2:32A-2.15 Entry fees

(a) Entry fees will be:

Two-year-olds: $ 200.00; and
Three-year-olds: $ 200.00.

(b) Entry fees for Standardbred Development Fund Finals will be $ 500.00. Finals fee is waived if entry fees are paid for the first and second legs.

(c) The Board of Trustees of the New Jersey Sire Stakes Program may at any time, in its sole discretion, reduce the amount of these fees as conditions warrant. In no case, however, will the fees exceed the published amount.

History

Adopted by 54 N.J.R. 1703(a), effective 9/6/2022

N.J. Admin. Code § 2:32A-2.16 Purse distribution

(a) The purse will be distributed as follows:

50-25-12-8-5, if five starters or more;

55-25-12-8, if only four starters;
60-28-12, if only three starters;
65-35, if only two starters; or
100, in case of walk over.

N.J. Admin. Code § 2:32A-2.17 Qualifying standards

All starters in the New Jersey Standardbred Development Fund must meet all track qualifying standards at the track where the race is being contested and be eligible at time of entry.

N.J. Admin. Code § 2:32A-2.18 Splitting races

Each race is to be a one-mile dash; if it becomes necessary to split an event, the Board reserves the right to adopt one of the methods of division racing then current, including elimination dashes.

N.J. Admin. Code § 2:32A-2.19 Number of starters

In all Standardbred Development Fund races, the number of starters permitted in the first tier shall be at the discretion of the judges. No more than two trailers will be permitted in the second tier. However, no trailers shall be permitted in the races designated as finals.

N.J. Admin. Code § 2:32A-2.20 Splitting and carrying over divisions

In the event a Standardbred Development Fund event is split into divisions, such Standardbred Development Fund event shall be divided and each division shall race for an equal share of the total purse. All Standardbred Development Fund events shall be advertised added, divided. In the event that a Standardbred Development Fund event splits into more than three divisions, one or more of the divisions in excess of three may be carried over to the following racing day.

N.J. Admin. Code § 2:32A-2.21 Final races

(a) There will be a two- and three-year-old "Final" race in each Standardbred Development Fund division at a licensed facility approved by the New Jersey Racing Commission, as scheduled by the New Jersey Sire Stakes Board of Trustees.

(c) Each Standardbred Development Fund Final will have a $ 500.00 entry fee, subject to waiver consistent with N.J.A.C. 2:32A-2.15, and is open to the highest New Jersey Standardbred Development Fund point winners in the series that are declared in and can be drawn to a post position in the first tier. Trailers are not permitted to start in any New Jersey Standardbred Development Fund Finals.

(d) All horses competing in Standardbred Development Fund Finals at all tracks will be determined on a point basis. A horse must start and finish a heat in order to earn points. The point value will be awarded as follows:

50 points for a winning heat;
25 points for placing second in a heat;
12 points for placing third in a heat;
Eight points for placing fourth in a heat;
Five points for placing fifth in a heat;
Four points for placing sixth in a heat;
Three points for placing seventh in a heat;
Two points for placing eighth in a heat; and
One point for placing ninth, 10th, 11th, or 12th in a heat.

(e) In the event of less than five starters, the points shall be awarded in the same fashion as the purse breakdown with less than five starters at (d) above.

(f) In the event of a dead heat for any position in a New Jersey Standardbred Development Fund race, the points shall be divided evenly among the horses that finish in the dead heat.

(g) In the event of a tie in point standings for Final events, money won in Standardbred Development Fund races in which points were accumulated shall be used to break the tie.

(h) In the event of a tie for the last spot in the top 10 or top eight money winners for a Final event, the last spot in the Final will be drawn by lot from among the horses tied in both points and money winnings in the Standardbred Development Fund and having the highest point totals and not already included in the Final.

(i) Judges' "official order of finish" will be used in determining eligibility to Finals exclusive of all appeals yet to be decided at the time of closing of the entry box for Finals.

History

Amended by 47 N.J.R. 647(a), effective 3/16/2015.

N.J. Admin. Code § 2:32A-2.22 Broadcasting revenues

(a) In the event the Sire Stakes Board receives revenues derived from the broadcast of Sire Stakes or Standardbred Development Fund events, any incremental revenues derived from these broadcasts shall be exclusively used by the New Jersey Sire Stakes Program to supplement the purse of Sire Stakes races.

(b) The nominator and/or owner of horses racing in Standardbred Development Fund events expressly and irrevocably assigns to the New Jersey Standardbred Development Fund the ownership rights of any broadcast revenues derived therefrom.

N.J. Admin. Code § 2:32A-2.23 Appeal from decisions of supervising race secretary

N.J. Admin. Code § 2:32A-2.24 Right of appeal

(a) Any person aggrieved by any action or inaction by the Board of Trustees, or its representatives, may request an informal meeting with the Board to settle any dispute, or seek clarification of the Board's rules and regulations. The Board shall respond, in writing, to any such request stating the reasons for its determination.

(b) If any dispute is required by law or regulation to be handled formally, or if a party is dissatisfied with any informal determination, or if the Board determines the matter contested, the matter shall be treated in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

N.J. Admin. Code § 2:32A-2.25 Nature of proceedings

All hearings before the Board of Trustees will be de novo proceedings and shall be accompanied by notice and an opportunity to be heard.

N.J. Admin. Code § 2:32A-2.26 Appeal procedure

N.J. Admin. Code § 2:32A-2.27 Hearing; costs

The applicant shall be responsible for any costs incurred in connection with any hearing held pursuant to the right of appeal contained in this subchapter and the laws of the State of New Jersey.

N.J. Admin. Code § 2:32A-2.28 Acting on appeals

The Board of Trustees shall act on all appeals in accordance with the laws of the State of New Jersey and the rules and regulations promulgated by the Board of Trustees.

N.J. Admin. Code § 2:32A-2.29 Payments, correspondence, and inquiries

(a) If accepted for payment, checks in payment of fees set forth in this chapter shall be made payable to: New Jersey Sire Stakes.

(b) All nominating and sustaining payments, correspondence, and inquiries shall be directed to:

New Jersey Sire Stakes

PO Box 330

Trenton, NJ 08625.

Inquiries may also be directed to (609) 913-6514.

History

Amended by 47 N.J.R. 647(a), effective 3/16/2015.

Chapter 33 AGRICULTURAL FAIRS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 2:33-1.1 Agricultural fairs: qualifications

(a) Each person, corporation or association certified as an "Official Agricultural Fair" shall hold an agricultural exhibition, whose primary purpose is the development and promotion of several, or many, phases of agriculture or agribusiness in and of that county, by conducting educational programs, activities, demonstrations, contests and exhibitions.

(b) In addition to the requirements of (a) above, the fairs shall conduct two activities related to the following:

Manufacturing, commerce and industry;

Community development and improvement;
Promotion of products and services;
Public service events and projects;

County interest projects;

Cultural works and collections of art;

Any activity approved by the entire association for the benefit of the community; and/or
Recreational activities.

(c) No person, corporation or association shall operate a fair or exhibition in any county under the designation "Official Agricultural Fair" without obtaining a certificate to operate from the New Jersey Department of Agriculture.

N.J. Admin. Code § 2:33-1.2 Responsibilities of certified fair

(a) Each person, corporation or association certified as an "Official Agricultural Fair" shall:

Furnish annually a detailed fair status report on forms prescribed by the Department of Agriculture (see Appendix incorporated herein by reference);
Comply with all county and municipal health, fire, police and sanitation regulations; and
Furnish on request, a copy of the annual fair audit report in the event State funds are made available to the Official Agricultural Fair.

(b) The New Jersey Secretary of Agriculture, or his or her designee, may enter the premises of any "Official Agricultural Fair" at reasonable times to determine compliance with this chapter.

History

Amended by R.1999 d.278, effective 8/16/1999.
See: 31 New Jersey Register 1404(a), 31 New Jersey Register 2328(a).
In (a)3, added "in the event State funds are made available to the Official Agricultural Fair" at the end.

N.J. Admin. Code § 2:33-1.3 Procedure for certification

(a) To receive certification as an "Official Agricultural Fair," all applicants must annually file their proposals with the Department of Agriculture by September 1 of the year preceding the one in which the fair is to be held. A copy shall be submitted to the County Board of Agriculture for its comment.

(b) The County Board of Agriculture shall submit any comments concerning the application to the Department of Agriculture on or before November 1 of the year preceding the fair.

(c) After consideration of the proposal, and any comments submitted by the County Board of Agriculture, the State Board of Agriculture shall either deny or approve certification of any proposed "Official Agricultural Fair", in accordance with the qualifications listed in N.J.A.C. 2:33-1.1(a) and (b).

(d) In order to become eligible for certification as an "Official Agricultural Fair," new applicants are required to produce the event for one year in compliance with this chapter. An appointee of the Secretary of Agriculture shall evaluate the fair for compliance with this chapter. If a fair receives a positive evaluation, it shall be eligible to apply for certification for the following year, pursuant to this chapter.

History

Amended by R.1999 d.278, effective 8/16/1999.
See: 31 New Jersey Register 1404(a), 31 New Jersey Register 2328(a).
Added (d).

N.J. Admin. Code § 2:33-1.4 Distribution of funds

(a) If State funding for the Agricultural Fairs is available, the distribution of such funds shall be made as follows:

Each "Official Agricultural Fair" shall receive an equal amount to be determined by the New Jersey Department of Agriculture depending on the total funds available. Any remaining funds shall be distributed proportionately to the amount of square footage devoted to agriculture at the event.

History

New Rule, R.1999 d.278, effective 8/16/1999.
See: 31 New Jersey Register 1404(a), 31 New Jersey Register 2328(a).

Chapter 34 EQUINE ADVISORY BOARD

Subchapter 2 EQUINE ADVISORY BOARD RULES

N.J. Admin. Code § 2:34-2.1 Qualifications for year-end non-racing breeder awards

(a) With the exception of non-parimutuel racing, in order to qualify for year-end non-racing breeder awards, a horse must be shown in New Jersey under three different judges. Furthermore, there must be at least two horses entered, shown and judged in each class.

(b) A New Jersey bred horse is:

Any foal dropped in the State of New Jersey, except for the foals of transient mares. A mare will be considered to be a transient mare if she does not reside in the State of New Jersey for at least 120 consecutive days including the day of foaling. The owner of a mare may be asked to submit proof of such residence to the individual bred groups;
Any foal resulting from an embryo transfer from a mare who resides 120 cumulative days in the State of New Jersey, providing blood typing of the mare, stallion and foal is carried out to authenticate parentage. A mare must donate only in New Jersey, and embryo transfer is agreeable to the national registry of the breed;
The get of any stallion standing only in New Jersey during the breeding season of the year in which the foal was conceived. Stallions standing in New Jersey must breed only in New Jersey for that year's breeding season; or
Foals resulting from the transport of semen from a stallion standing the full season in the State of New Jersey, providing blood typing of the stallion, mare and foal is carried out to authenticate parentage, and semen transport is agreeable to the national registry of the breed.

(c) In order to qualify for New Jersey non-racing breeder awards, at least one owner shall be a member in good standing of the New Jersey breed association, represented on the New Jersey Equine Advisory Board, which represents the particular breed group in which the breeder is competing. In the case of a leased horse, the lessee shall hold such membership.

(d) Individual breed groups are responsible for the certification of eligible horses and the tabulation of breeder award points, and must submit them to the New Jersey Department of Agriculture no later than November 15 of the year in which they are earned.

(e) Individual breed groups may require that additional conditions be met to qualify for non-racing breeder awards. Such conditions must not be in opposition to the intent of this section and must be approved and recorded by the New Jersey Equine Advisory Board and the New Jersey State Board of Agriculture each year prior to the show and the breeding season.

(f) Each breed's share of the year-end money is determined by:

The number of animals shown at the New Jersey All Breed Horse Show or the number of animals that participate in the New Jersey breed designated show in the calendar year. The one breed designated show must be submitted to the New Jersey Department of Agriculture by March 1 of the calendar year; and
The number of horses entered in specific breed futurities. For a futurity run by a New Jersey breed group at a separate location, each New Jersey Bred horse's owner must sign an owner's eligibility certification form, which, along with a photocopy of the entry blank, must be sent by the breed group to the New Jersey Department of Agriculture within two weeks of the show.

(g) For the purpose of obtaining a year-end total of competitors for each breed group, no animal is to be counted more than once by one breed group and horses that are registered with more than one breed group may be entered in any division for which they are qualified.

(h) Individual breed groups are responsible for supervising and certifying to the adherence to the provisions of this section.

(i) The New Jersey Department of Agriculture will accept the decisions of the individual breed groups regarding which horses are qualified to receive non-racing breeder awards, as well as the tabulation of breeder award points. Any disagreement with the decisions of the breed groups must be presented to the officers and/or directors of the particular group in question. The New Jersey Department of Agriculture will abide by the decision of the breed group officers and/or directors unless fraud or misfeasance is shown.

History

Amended by R.1993 d.252, effective 6/7/1993.
See: 25 N.J.R. 740(a), 25 N.J.R. 2247(c).
Revised (f)3.
Amended by R.1995 d.7, effective 1/3/1995.
See: 26 N.J.R. 3919(a), 27 N.J.R. 89(a).
Amended by R.2010 d.076, effective 5/17/2010.
See: 42 N.J.R. 5(a), 42 N.J.R. 927(b).
In the introductory paragraph of (a), substituted "be shown in New Jersey" for "enter at least three different New Jersey horse shows" and deleted the second sentence; deleted (a)1 and (a)2; in (b)3, substituted "that year's" for "any yearly"; in (c), deleted the last sentence; in (d), substituted "15" for "30"; rewrote (f)1; in (f)2, inserted a comma following "form" and substituted a period for "; and" at the end; deleted (f)3; and in (g), substituted "that" for "who".

N.J. Admin. Code § 2:34-2.2 Conduct of the New Jersey Bred All Breed Horse Show and designated breed shows

(a) The New Jersey Bred All Breed Horse Show, or any other show conducted by the New Jersey Department of Agriculture, shall be governed as follows:

It is the policy of the New Jersey Department of Agriculture to accept the decisions of the individual breed groups regarding which horses are qualified to enter and show at the New Jersey Bred All Breed Horse Show or any other designated breed horse show that will be used to determine year-end awards, and to receive non-racing breeder awards, as well as the tabulation of breeder award points. Such decisions and tabulations must not be in opposition to the intent of this chapter. Any disagreement with the decision of the groups must be presented to the officers and/or directors of the particular breed group pursuant to (b) below.
Any questions arising which are not covered in the following rules shall be referred to the Equine Advisory Board Breeder Incentive Committee for final decision.
For any entry to be accepted, the horse or pony must be registered with its New Jersey breed association and be a certified New Jersey Bred. In addition, the owner or one lessee shall be a member in good standing with his or her New Jersey breed association represented on the New Jersey Equine Advisory Board. Every horse shall be entered under its registered name and the name of its rightful owner or lessee.
No entry will be accepted without a photocopy of a negative Coggins test of the date accepted by the New Jersey Department of Agriculture. In-State horses need a negative Coggins test dated within the past 24 months and out-of-State horses need a negative Coggins test dated within the last 12 months, as well as a Certificate of Veterinary Inspection. Foals six months and under are allowed to use the Coggins test of their dam.

Copies of the Coggins test report and the horse's registration papers shall be attached to all entry forms along with the owner's Eligibility Declaration Form, if a current form is not already on file at the New Jersey Department of Agriculture.

Foals dropped later than two months prior to show date will not be accepted as entries. No horse under three years of age may compete in under saddle classes, except when approved by their National Association rules and regulations.
For the New Jersey Bred All Breed Horse Show, no entries or stall reservations will be accepted unless payment by check or money order is received by the show secretary.
For the New Jersey Bred All Breed Horse Show, all entries must be postmarked (meter marks shall not be accepted) no later than the closing date of entries in order for entry to appear in the program. A check or money order (no cash) for the entry and stall fees must accompany the entry blank. No horse will be allowed to compete until all fees are paid.

i. Phone entries are not accepted.

For the New Jersey Bred All Breed Horse Show, there shall be no refunds once a horse has performed in a class, or if entered and not exhibited, after the start of the show, unless a veterinarian certificate is submitted, dated the day of the event.
For the New Jersey Bred All Breed Horse Show, all entry and stall fees will be refunded upon request before the closing date of entries minus a $ 25.00 office charge per horse. After this date, entry fees only will be refunded upon receipt of a veterinarian's certificate; however, there will be a charge of $ 25.00 on each horse entered. The actual refund will not be made until after completion of the show. There is a penalty of $ 50.00 if a check is refused.
For the New Jersey Bred All Breed Horse Show, exhibitor numbers will be provided for each entry in this show at the Secretary's booth. It is the exhibitor's responsibility to make certain the proper horse is entered in the proper class with the proper number. Horses entered in the wrong class will be disqualified.
Each breed will be judged according to the rules and regulations of its national breed association. All classes must conform to the specifications of the National Association list of classes. Those breeds that do not have a national affiliation will be judged by their New Jersey State organization rules.
For the New Jersey Bred All Breed Horse Show, no horse shall be shown in any class at this show if it has been administered, in any manner, any foreign substance. A foreign substance is any medication. There will be spot testing by urinalysis and/or blood testing. Any entry found positive will be disqualified and will forfeit all awards for the New Jersey Bred All Breed Horse Show and New Jersey Bred year-end awards in the current year. Refusal to allow testing will automatically subject the horse to disqualification.
For the New Jersey Bred All Breed Horse Show, if Classes with A and B sections do not have two entries each, A and B sections may be combined.

i. Prize money for the New Jersey Bred All Breed Horse Show, will be paid as follows:

| Four horses or more in class | 50 percent; 25 percent; 15 percent; 10 percent. | | --- | --- | | Three horses in class | 50 percent; 25 percent; 15 percent. | | Two horses in class | 50 percent; 25 percent. | | One horse in class | 50 percent. |

For individual designated breed shows, the amount of prize money allotted to the particular breed will be added to their year-end award total.

ii. If only one horse reports for judging, show money will be paid. That horse shown and judged will receive credit for the All Breed Horse New Jersey Bred Show, one of the horse's required three New Jersey shows.

In all classes, all riders and handlers appearing in the ring shall be neatly and properly attired according to the requirements of their national breed organization. Protective headgear is required in all jumping classes.
Any act of discourtesy or disobedience to the judges or officials by owner, trainer, rider or groom shall disqualify the horse, and the owner shall forfeit his or her entry and other fees.
The Horse Park of New Jersey at Stone Tavern, Inc., the New Jersey Department of Agriculture, the New Jersey Bred All Breed Horse Show committee and the New Jersey Equine Advisory Board will not be responsible for injury to any person, horse or property incurred on the grounds.
The veterinarian and/or the steward shall be responsible for measuring height of entries and weight of shoes.
A veterinarian certificate excusing a horse from competition must be dated on or before the start of its competition. This must be supplied on the veterinarian's letterhead and have the signature of the veterinarian.
Prize money will be mailed to winners at a later date.

(b) Any person who wishes to appeal any provisions of this section shall do so within 20 days of the horse show date or within 20 days of notification to owners of a decision. Such person shall, upon written request transmitted to the Department, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

Requests for hearings shall be sent to Director, Division of Marketing and Development, N.J. Department of Agriculture, PO Box 330, Trenton, New Jersey 08625-0330.
All appeals to the New Jersey Department of Agriculture or breed groups are final if decided in accordance with this section or the breed group rules. Should there be a conflict between rules, this section shall be deemed superior and superseding of all other rules.

History

Amended by R.1993 d.252, effective 6/7/1963.
See: 25 N.J.R. 740(a), 25 N.J.R. 2247(c).
Amended by R.1995 d.7, effective 1/3/1995.
See: 26 N.J.R. 3919(a), 27 N.J.R. 89(a).
Amended by R.1999 d.362, effective 10/18/1999.
See: 31 N.J.R. 1837(a), 31 N.J.R. 3081(a).
In (a)13, inserted a new third sentence.
Amended by R.2005 d.38, effective 1/18/2005.
See: 36 N.J.R. 4295(a), 37 N.J.R. 262(a).
Rewrote (b).
Amended by R.2010 d.076, effective 5/17/2010.
See: 42 N.J.R. 5(a), 42 N.J.R. 927(b).
Section was "Conduct of the New Jersey Bred All Breed Horse Show". Rewrote (a).

Chapter 35A NEW JERSEY WINE PROMOTION ACCOUNT GRANTS PROGRAM

Subchapter 1 PURPOSE, SCOPE AND DEFINITIONS

N.J. Admin. Code § 2:35A-1.1 Purpose

This chapter describes the process to award grants from the New Jersey Wine Promotion Account established pursuant to P.L. 1985, c. 233. It establishes guidelines for the receipt of funds and procedures to ensure grantee accountability. The program is established in order to make grants for research and development concerning the viticultural and wine-making processes in the State and for the promotion of New Jersey wine, consistent with the recommendations of the New Jersey Wine Industry Advisory Council.

N.J. Admin. Code § 2:35A-1.2 Scope

The rules contained in this chapter shall govern the award of grants from the New Jersey Wine Promotion Account for research and development concerning the viticultural and wine-making processes in the State and for the promotion of New Jersey wine, consistent with the recommendations of the New Jersey Wine Industry Advisory Council. These rules incorporate by reference Circular 07-05-OMB, effective September 7, 2006, as amended and supplemented. The Circular may be accessed at http://www.state.nj.us/infobank/circular/circindx.htm.

N.J. Admin. Code § 2:35A-1.3 Legal authority

The Secretary of Agriculture or his or her designee will administer this program and establish the rules deemed necessary to effectuate the purposes of the Account as established under P.L. 1985, c. 233 (N.J.S.A. 4:10-76 et seq.).

N.J. Admin. Code § 2:35A-1.4 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Account" means the New Jersey Wine Promotion Account, credited annually in an appropriation by law with an amount equal to $ 0.47 per gallon on all sales of wines, vermouth and sparkling wines sold by plenary winery and farm winery licensees licensed pursuant to N.J.S.A. 33:1-10. The account must also be credited with any monies made available to it from the General Fund or any non-State public or private source.

"Applicant" means any entity that makes application for a wine promotion grant.

"Chief financial officer" means the director of revenue and finance, comptroller, treasurer, collector or other financial officer of an entity applying for the grant.

"Council" means New Jersey Wine Industry Advisory Council.

"Department" means New Jersey Department of Agriculture.

"Eligible applicant" means an applicant that timely files a completed application with the Council and the Department to request a grant for research or development concerning the viticultural and wine-making processes in the State or for promotion of New Jersey wine and certifies that it will utilize grant funds for these limited purposes.

Subchapter 2 WINE PROMOTION ACCOUNT

N.J. Admin. Code § 2:35A-2.1 Account uses and limitations

(a) All of the monies appropriated to the Account from the preceding State taxable year shall be available annually for grants for activities benefitting the entire New Jersey wine industry for research and/or development concerning the viticultural and wine-making processes in the State and/or for promotion of New Jersey wine. Such activities may not exclude any plenary and/or farm wine licensees whose sales of New Jersey wine contribute to the Wine Promotion Account and who wishes to participate.

(b) All funds received by a grantee shall be used exclusively for the purposes identified in (a) above.

N.J. Admin. Code § 2:35A-2.2 Notification of availability and award of grants

(a) Pursuant to N.J.S.A. 4:10-78, by March 1 of each year, the Council receives from the Division of Taxation a certification of the number of taxable gallons of wine sold by plenary winery and farm winery licensees during the preceding taxable year. The Department shall file with the Office of Administrative Law, not more than 10 days after receipt of the certification a notice of anticipated availability of funds for publication in the New Jersey Register. At the same time, the Department will provide public notice of grant applications in three newspapers and on its website at http://www.nj.gov/agriculture.

(b) The Department shall make grant applications available on its website no later than March 1 each year and shall mail grant applications upon requests received at:

New Jersey Department of Agriculture/New Jersey Wine Industry Advisory Council

Division of Marketing and Development

PO Box 330

Trenton, NJ 08625-0330

History

Amended by 50 N.J.R. 1991(a), effective 9/17/2018

N.J. Admin. Code § 2:35A-2.3 Application for funds

To apply for funds, each applicant shall submit a completed application to the Department by the deadline date specified in the notice of availability of funds published in the New Jersey Register.

N.J. Admin. Code § 2:35A-2.4 Application components

(a) A completed application for program funds shall include the following minimum information:

The applicant entity and specific designation of entity type (individual, organization, cooperative, partnership, corporation, association or any other multi-member entity);
The name, address and contact information for the applicant entity and its head;
The name, address and contact information of the agency's governing body and its chief financial officer;
For multi-member entity applicants of any kind, a list of members and major stakeholders (holding ownership or control of 10 percent or more of profits or assets of a firm, association or partnership or stock of a corporation for profit). This requirement does not apply to universities, school boards, institutions or government entities;
Status of prior grants received;
Physical address, email address, telephone, fax and Vendor Federal ID number;
Winery affiliation (if any);
Wine project activities proposed to be undertaken and related costs projected in one or more of the following: research or development concerning the viticultural and wine-making processes in the State or for promotion of New Jersey wine; and
A certification signed by the applicant agency head and the governing body's chief financial officer that the information contained in the application is true to the best of their knowledge and belief, and that all grant funds will be used exclusively for the purpose specified in the grant award.

(b) The Department may require additional information from an applicant beyond that requested in the application form, as needed.

Subchapter 3 PROGRAM GRANTS

N.J. Admin. Code § 2:35A-3.1 Grants

Grants to eligible applicants will be determined on the basis of the selection criteria score and availability of funds. Following the Council's receipt and review of the Director of the Division of Taxation Certification the appropriated available funds shall be awarded pursuant to N.J.S.A. 4:10-76 and in accordance with Circular Letter 07-05-OMB.

N.J. Admin. Code § 2:35A-3.2 Selection criteria

(a) Each applicant that submits a completed application by the deadline date specified in the notice of availability of funds shall be eligible for review of its grant proposal. Such application will be considered against the selection criteria by the Council, which will make recommendations of grant awards to the State Board of Agriculture.

(b) The selection criteria in (a) above is as follows:

A description of the project, including information as to the goals and objectives to be accomplished, implementation strategy, estimated cost of the project (including an estimated budget) and an estimated completion date of the project;
How the project will benefit the research, development and promotional efforts of the wine industry, including how quickly the benefit will occur;

Statewide benefits of the project;

Individuals or entities that will benefit from the project;
The project's benefit to agriculture;
All other sources or potential sources of matching funding;
The need for the project and whether there are any other similar projects that address the same needs or provide the same or a similar benefit as the proposed project; and
Any other information that may be relevant to the evaluation of the proposed project.

(c) The Department shall provide written notice to any applicant who has submitted an incomplete application or who has been determined to be ineligible to receive an award, of that fact and the reasons within 30 days.

N.J. Admin. Code § 2:35A-3.3 Requests for reconsideration; no appeal of awards

(a) Within 10 days after receipt of notification of a determination of ineligibility to receive a grant, an applicant may submit additional information to the Council and the Department, which shall reconsider the grant application.

(b) No appeal shall be considered of any award made to a grantee.

N.J. Admin. Code § 2:35A-3.4 Grant award process

(a) Each eligible application will be reviewed and scored in accordance with the required application components and the selection criteria identified.

(b) Consistent with the implementing legislation, the Council shall make recommendations to the State Board of Agriculture concerning each eligible application.

(c) Each applicant shall be timely notified of its grant award or denial within 30 days of the State Board of Agriculture action.

(d) The State Board of Agriculture reserves the right to adjust, in a subsequent year, any individual grant award upon determination that the applicant's prior grant award was based upon a computational or informational error. Applicants shall cooperate in all requests by the Department for information.

N.J. Admin. Code § 2:35A-3.5 Deposit of grant monies; unallowable expenses

(a) The grant award shall be forwarded to the chief financial officer for deposit into an appropriate account.

(b) No unapproved administrative expenses and no indirect costs shall be deducted from these grant awards by a grantee or its governing body.

Subchapter 4 GRANTEE ACCOUNTABILITY

N.J. Admin. Code § 2:35A-4.1 Expenditure of funds; return of unexpended funds

(a) Each entity that receives a grant shall make every reasonable effort to expend the award within one year of receipt.

(b) The Department shall require the return of all funds not expended within one year of receipt, unless the grantee demonstrates that good cause exists to retain the funds.

N.J. Admin. Code § 2:35A-4.2 Reporting requirements

Applicants shall maintain a bookkeeping system, records, invoices and separate grant files in accordance with the requirements of Circular 07-05-OMB, to account for all grant monies received and expended and they shall be made available to Department upon request.

Chapter 36 CHILD NUTRITION PROGRAMS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 2:36-1.1 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"Agreement for School Nutrition Programs" means the agreement entered into between the Department and each sponsor pursuant to Federal regulations 7 CFR Parts 210, 215, 220 and 245.

"Application" means the notifying letter and application form issued to all parents of students enrolled in school to determine eligibility for child nutrition programs.

"Bureau" means the Bureau of Child Nutrition Programs, which administers the Federal child nutrition program in the State of New Jersey.

"Candy" is defined as any food item, that as served in its finished form, contains, by weight, 40 percent or more sugar (in crystalline form or in solution as syrup, both monosaccharides and disaccharides) and/or other sweetening agents, or any food product commonly referred to as "candy."

"Child Nutrition Programs" means the National School Lunch Program, School Breakfast Program, After School Snack Program, Fresh Fruit and Vegetable Program, Special Milk and Split-Session Kindergarten Milk Programs, Child Care Food Programs and the Summer Food Service Program.

"Competitive foods" means all food and beverage items, other than the reimbursable meals, sold, served, or given away during the school day.

"Department" means the State Department of Agriculture.

"Department's Consolidated Enrollment Report: Current School Enrollment Data" means a comprehensive report which districts are required to submit each October to the State Department of Education to provide information on school enrollment data, including the number of students eligible for free and reduced price meal benefits.

"Division" means the Division of Food and Nutrition, which is the division within the State Department of Agriculture that contains the Child Nutrition Programs and the Food Distribution Program.

"Enrolled student" means all students enrolled in the school including pre-kindergarten, kindergarten and grades one through 12 regardless of participation in the School Nutrition Programs.

"Five percent threshold" means the point at which five percent or more of the total school enrollment of each school in the district is eligible for free or reduced price meals and/or free milk.

"Foods of minimal nutritional value" means those foods contained in the following categories as specified in the United States Department of Agriculture, regulations 7 CFR Part 210 Appendix B: soda water, water ices, chewing gum, certain candies: hard candy, jellies and gums, marshmallow candies, fondant, licorice, spun candy and candy coated popcorn.

"Free and Reduced Price Policy" means the free and reduced-price policy required by applicable regulations of the USDA, 7 CFR Parts 210, 215, 220, and 245.

"Hours of operation" means from the beginning of the first scheduled meal period until the end of the last scheduled meal period.

"Local educational agency" means a public board of education or other public or private nonprofit authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public or private nonprofit elementary schools or secondary schools in a city, county, township, school district or other political subdivision of a State, or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public or private nonprofit elementary schools or secondary schools, which has legal authority to operate the National School Lunch, School Breakfast, After School Snack, Fresh Fruit and Vegetable or Special Milk Program.

"Local school wellness policy" means the nutrition and wellness policy developed by the school food authority in accordance with Federal and State rules and regulations.

"Meal" means a reimbursable school breakfast, school lunch and/or after school snack.

"Milk" means a variety of fluid milk consistent with the most recent Dietary Guidelines for Americans and the milk provisions of the Richard B. Russell National School Lunch Act and the Child Nutrition Act of 1966, as amended, and associated Federal regulations.

"New Jersey School Nutrition/Wellness Policy" means the nutrition policy containing standards developed by the State Department of Agriculture, incorporated herein by reference as the chapter Appendix.

"Nonprofit school food service" means all food service operations conducted by the school food authority principally for the benefit of school children, all of the revenue from which is used solely for the operation or improvement of such food services.

"Nutrition standards" means those standards established by the U.S. Department of Agriculture at 7 CFR Parts 210 and 220 incorporated by reference by the State Department of Agriculture. These standards govern the type and nutritional value of all food items offered as part of the school lunch, school breakfast and after school snack meal pattern and a la carte food items.

"Point of service" means that point in the food service operation where a determination can accurately be made that a reimbursable free, reduced-price or paid meal and/or free or paid milk has been served to an eligible child.

"School" means a site operating under the supervision of a sponsor as defined herein.

"School campus" means, for the purpose of competitive food standards implementation, all areas of the property under the jurisdiction of the school that are accessible to students during the school day.

"School day" means, for the purpose of competitive food standards implementation, the period from the midnight before, to 30 minutes after the end of the official school day.

"School food authority" means a public board of education or other public or private nonprofit authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public or private nonprofit elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public or private nonprofit elementary schools or secondary schools, which has legal authority to operate the National School Lunch, School Breakfast, After School Snack, At-Risk After school Meals, Fresh Fruit and Vegetable, or Special Milk Program.

"School Nutrition Programs" means those programs administered by the Division of Food and Nutrition, which include the National School Lunch Program, School Breakfast Program, After School Snack Program, Fresh Fruit and Vegetable Program, and Special Milk Programs.

"Secretary" means the Secretary of the New Jersey Department of Agriculture.

"Sponsor" means the school food authority participating in any child nutrition program.

"Sugar" means any class of water-soluble crystalline carbohydrates having a sweet taste. Sugar also comes in syrup form. Other words for sugar include, but are not limited to, fructose, sucrose, lactose, maltose, glucose, galactose, honey, dextrin, malt, molasses, maple syrup and corn syrup.

"Survey" means the procedure required of every school and sponsor to determine eligibility of every enrolled student for free and reduced-price meals regardless of whether the school has an agreement with the Department to participate in any of the School Nutrition Programs.

"Ten percent threshold" means the point at which 10 percent or more of the total school enrollment of each school is Federally eligible for free or reduced-price meals and/or free milk.

"USDA" means the United States Department of Agriculture.

History

Amended by 49 N.J.R. 1675(a), effective 6/19/2017

N.J. Admin. Code § 2:36-1.2 Policy and Agreement for School Nutrition Programs

(a) All school districts participating under one of the Federal child nutrition programs shall electronically certify compliance with the "Policy for Free and Reduced Price Meals or Free Milk" pursuant to Federal regulations 7 CFR Parts 210, 215, 220 and 245. The policy is available through the Department's web-based program School Nutrition Electronic Application and Reimbursement System (SNEARS).

(b) Each school district shall certify and submit this policy to the Division no later than the end of the second calendar month for which any reimbursement can be claimed for meals and milk served under the child nutrition programs. Sponsors starting programs in September shall submit the policy no later than September 30 of that year.

(c) The Agreement for School Nutrition Programs shall contain the policy referred to in (a) above and shall be submitted with the application packet to participate in any Child Nutrition Program prescribed by the Secretary pursuant to 7 CFR §§ 210.9, 215.7, 220.7 and 245.10.

History

Amended by R.1987 d.524, effective 12/21/1987.
See: 19 N.J.R. 1599(a), 19 N.J.R. 2399(a).
Substituted "Agreement for School Nutrition Programs" for "school feeding agreement".
Amended by R.1992 d.202, effective 5/4/1992.
See: 24 N.J.R. 324(a), 24 N.J.R. 1791(c).
Added new (a) and (c) regarding the adoption of free and reduced price policies in all school districts; recodified from N.J.A.C. 6:79-1.2.
Administrative Correction to (a).
See: 24 N.J.R. 2712(c).
Amended by R.2004 d.289, effective 8/2/2004.
See: 36 N.J.R. 1915(a), 36 N.J.R. 3523(b).
Rewrote (a) and (b); in (c), deleted "in accordance" preceding "with the application" and inserted "packet to participate in any Child Nutrition Program" preceding "prescribed by the Secretary".
Amended by R.2009 d.387, effective 12/21/2009.
See: 41 N.J.R. 2749(a), 41 N.J.R. 4699(a).
Rewrote (a).

N.J. Admin. Code § 2:36-1.3 Federal eligibility

The Division shall administer Federal eligibility standards pursuant to the Federal Income Eligibility Guidelines set forth at 7 CFR Part 245 for Determining Eligibility for Free and Reduced Price Meals and Free Milk in Schools. These Federal standards shall be used by all sponsors participating in the child nutrition programs and by all nonparticipating schools for the purpose of completing the survey as required at N.J.A.C. 2:36-1.4.

History

Amended by R.1987 d.524, effective 12/21/1987.
See: 19 New Jersey Register 1599(a), 19 New Jersey Register 2399(a).
Substituted "administer" for "establish".
Amended by R.1992 d.202, effective 5/4/1992.
See: 24 New Jersey Register 324(a), 24 New Jersey Register 1791(c).
Recodified and added reference to Federal regulations and recodified from N.J.A.C. 6:79-1.3.
Amended by R.2004 d.289, effective 8/2/2004.
See: 36 New Jersey Register 1915(a), 36 New Jersey Register 3523(b).
Rewrote the section.

N.J. Admin. Code § 2:36-1.4 Survey

(a) By the last school day prior to October 16 of each school year, each school, under the supervision of its sponsor, shall survey the parent or guardian of each student enrolled to determine which students are Federally eligible to receive free or reduced-price meals and/or free milk. The purpose of the survey is to determine whether the school meets or exceeds the five percent threshold established at N.J.S.A. 18A:33-5 for school lunch programs and the 10 percent threshold established for school breakfast programs at N.J.S.A. 18A:33-10.1.

(b) This survey shall be conducted using the "Application for Free and Reduced Price School Meals" as prescribed by the Secretary pursuant to Federal regulations ( 7 CFR Part 245). This application shall be distributed to the parent or guardian of every student enrolled in the school.

(c) The results of this survey shall be included in the Department of Education's Consolidated Enrollment Report: Current School Enrollment Data for the school year in which the survey is made.

History

Amended by 49 N.J.R. 1675(a), effective 6/19/2017

N.J. Admin. Code § 2:36-1.5 Free and reduced-price meal and/or free milk application

(a) The Division shall prepare a household application form that shall be used by all school districts. A copy of the application shall be provided to each district upon approval of a web-based submission/certification of the accompanying letter to parents.

(b) The parent or guardian shall be given at least two weeks from the date of receipt of the application to complete and submit the application to the school district which must provide adequate assistance to parents in completing these applications.

(c) Applications in languages other than English must be provided by the school food authority where non-English speaking parents are possible applicants. (An application in Spanish is available from the Division of Food and Nutrition.) Other language translations are available on the USDA Food and Nutrition Service website.

(d) Upon receipt of the completed application, the district must determine each student's Federal eligibility for a free or reduced-price meal and/or free milk from the information submitted. Each student shall be offered free or reduced-price meals and/or free milk as soon as Federal eligibility has been determined. Students are eligible for school meal benefits or free milk for the school year and up to 30 operating days in the subsequent school year. If the school has reason to question the information provided, the student affected must continue to receive the Federal free or reduced-price meals and/or free milk until completion of the appeal procedures set forth in the sponsor's policy pursuant to Federal regulations (7 CFR 245.7 Hearing Procedure for Families and School Food Authorities).

(e) Local officials may complete an application for a student believed to be eligible if the household fails to apply. The school official must complete an application on behalf of the student based on the best household size and income information available to the school official. The source of the information must be noted on the application. This option is intended for limited use in individual situations and must not be used to make eligibility determinations for categories or groups of students.

(f) If the student is found to be Federally ineligible for free or reduced-price school meals, the district must then determine the student's eligibility for a State-funded free lunch, pursuant to N.J.S.A. 18A:33-4.a, in accordance with the State-specified income eligibility guidelines described therein.

History

Amended by 49 N.J.R. 1675(a), effective 6/19/2017

N.J. Admin. Code § 2:36-1.6 Participation requirements

(a) Any school in which five percent or more of the school enrollment is found to be eligible for free or reduced-price meals shall participate in the National School Lunch Program or, at the minimum, offer lunch to all students enrolled in that school, with free or reduced price lunches offered to all qualifying children. Such lunches shall meet minimum nutritional standards established by the U.S. Department of Agriculture (7 CFR § 210.10). Any school may participate in the National School Lunch Program without participating in any other Federal programs.

(b) Any school in which 10 percent or more of the school enrollment is found to be Federally eligible for free or reduced-price meals as of October 1 of the preceding school year, shall offer the School Breakfast Program to all students enrolled in that school, with free and reduced price breakfasts offered to all qualifying children. Such breakfasts shall meet minimum nutritional standards established by the U.S. Department of Agriculture, 7 CFR 220.8. Any school may participate in the School Breakfast Program without participating in any other Federal programs.

Any school meeting the 10 percent threshold that requires the implementation of the School Breakfast Program must comply with the following requirements:

i. Each school food authority shall submit a school breakfast implementation plan to the Division by November 1 of the year prior to implementing the program in said school(s). Each implementation plan shall be reviewed and evaluated by the Division no later than February 1 of the following year.

ii. Any schools that have a participation rate of less than 25 percent of eligible students in a school breakfast program during any year of the program shall submit a revision of their school breakfast plan to include changes designed to increase student breakfast participation.

(c) The school food authority shall maintain a non-profit school food service. All revenues are to be used only for the operation or improvement of the school food service.

(d) The school food authority shall limit its net cash resources to an amount that does not exceed three months' average expenditures for its non-profit school food service.

History

Amended by 49 N.J.R. 1675(a), effective 6/19/2017

N.J. Admin. Code § 2:36-1.7 Local School Wellness Policy

(a) The Department hereby adopts and incorporates by reference the Dietary Guidelines for Americans and the USDA nutrition standards for National School Lunch, School Breakfast, and/or After School Snack programs as required by 7 CFR Parts 210, 215, 220, and 245 as the basis for local school wellness policies. Such policies shall regulate the types of food items sold in schools during the school day, outside of the Federal meal programs, such as a la carte sales, vending machines, school stores, and fundraisers.

A copy of the Dietary Guidelines for Americans may be obtained online.
A copy of 7 CFR Parts 210, 215, 220, and 245 may be obtained online.

(b) Each school district and/or sponsor shall implement a Local School Wellness Policy.

History

Amended by 49 N.J.R. 1675(a), effective 6/19/2017

N.J. Admin. Code § 2:36-1.8 Nutrition standards

(a) Nutrition standards established by the Department for meals served under the National School Lunch, School Breakfast, and After School Snack Programs or as mandated by N.J.S.A. 18A:33-4 shall be identical to those established in the USDA regulations at 7 CFR 210.10 and 220.8. These Federal regulations are adopted herein by reference.

(b) Nutrition standards for all competitive foods shall comply with 7 CFR 210.11 and 220.12 and the Competitive Food Policy, as referenced in N.J.A.C. 2:36-1.11.

History

Amended by 49 N.J.R. 1675(a), effective 6/19/2017

N.J. Admin. Code § 2:36-1.9 Review and evaluation

(a) Each sponsor's implementation of the Free and Reduced Price Policy and a Local School Wellness Policy shall be reviewed and evaluated by the Division on a continuing basis.

(b) Federal and State Child Nutrition Program funds may be withheld and/or fiscal action may be taken against sponsors (see 7 CFR 210.19(c), 215.12(a), 220.14(a), and 245.10) found not to be in compliance with applicable Federal regulations (7 CFR Parts 210, 215, 220 and 245).

(c) Sponsors shall not alter or amend standards set forth in the Free and Reduced Price Policy without prior written approval from the Division.

History

Amended by 49 N.J.R. 1675(a), effective 6/19/2017

N.J. Admin. Code § 2:36-1.10 Maximum charge

(a) The Division shall annually establish the maximum per meal and milk charge pursuant to 7 CFR §§ 210.2, 220.2 and 215.8(c); however, sponsors may appeal to the Division to increase such maximum per meal or milk charges.

The maximum milk charge shall be established based on the rate of reimbursement from the USDA per 1/2 pint of milk, consideration of the annual average Statewide student price/charge for milk and the average cost of a 1/2 pint of milk as purchased from the dairy.
The maximum meal charge shall be established based on the rate of reimbursement from the USDA for a free meal minus the rate of reimbursement from the USDA for a paid meal, and consideration of the annual average statewide student price/charge for a paid meal in the elementary, middle and secondary grades.
Adult meal prices shall be established to cover all costs associated with the production and service of the adult meal, including the market value of commodities allocated.

History

Amended by R.1983 d.71, effective 3/21/1983.
See: 14 New Jersey Register 1248(b), 15 New Jersey Register 440(a).
Deleted old (a) concerning sponsors establishing milk prices.
Amended by R.1992 d.202, effective 5/4/1992.
See: 24 New Jersey Register 324(a), 24 New Jersey Register 1791(c).
Added new (a)1 and 2 and new (b) specifying how maximum charges are established and recodified from N.J.A.C. 6:79-1.9.
Amended by R.2004 d.289, effective 8/2/2004.
See: 36 New Jersey Register 1915(a), 36 New Jersey Register 3523(b).
Rewrote the section.
Recodified from N.J.A.C. 2:36-1.9 by R.2005 d.185, effective 6/20/2005.
See: 36 New Jersey Register 5028(a), 37 New Jersey Register 2234(b).
Former N.J.A.C. 2:36-1.10, Competitive food policy, recodified to N.J.A.C. 2:36-1.11.

N.J. Admin. Code § 2:36-1.11 Competitive food policy

(a) All competitive food sold to students on the school campus during the school day must meet the nutrition standards specified in 7 CFR 210.11 and 220.12.

(b) All income derived from the sale of food and beverage items within a school during the hours when the school lunch and school breakfast programs are in operation must accrue to the accounts of said programs.

(c) All snack and beverage items, sold anywhere on the school campus during the school day, including items sold in a la carte lines, vending machines, snack bars, school stores, and fundraisers or served in the reimbursable After School Snack Program, shall meet the standards delineated in this competitive food policy and the standards established by USDA for competitive foods, found at 7 CFR 210.11 and 220.12, incorporated herein by reference. The USDA standards provide general nutrition standards for competitive foods, the exemptions to these standards, and specific standards for grains, fat, sugar, calorie, sodium, and accompaniments. All schools must comply with these Federal regulatory standards.

(d) There shall be no exemptions for food and/or beverages sold as a part of a fundraising activity.

(e) Medical exemption: This policy does not apply to:

Medically authorized special needs diets pursuant to 7 CFR Part 210;
School nurses, during the course of providing health care to individual students; or
Special needs students whose Individualized Education Plan (IEP) indicates the use of a special diet for behavior modification.

(f) The requirements of (a) through (e) above apply to all participating sponsors, both public and non-public.

History

Amended by 49 N.J.R. 1675(a), effective 6/19/2017

N.J. Admin. Code § 2:36-1.12 Meal accountability

Sponsors shall count and record daily, at the point of service, the number of meals/snacks or milk served by category (Federal free. Federal reduced price, and Federal paid). In addition, those sponsors that have determined students eligible for State-funded free lunch pursuant to N.J.S.A. 18:33-4.a and the income eligibility guidelines described therein shall count and record daily, at the point of service, the number of free lunches served pursuant to the State program.

History

As amended by R.1983 d.71, effective 3/21/1983.
See: 14 New Jersey Register1248(b), 15 New Jersey Register 440(a).
Repealed nonfood assistance.
New Rule, R.1987 d.524, effective 12/21/1987.
See: 19 New Jersey Register 1599(a), 19 New Jersey Register 2399(a).
Recodified from N.J.A.C. 6:79-1.11 by R.1992 d.202, effective 5/4/1992.
See: 24 New Jersey Register 324(a), 24 New Jersey Register 1791(c).
Amended by R.2004 d.289, effective 8/2/2004.
See: 36 New Jersey Register 1915(a), 36 New Jersey Register 3523(b).
Inserted "/snacks" following "number of meals".
Recodified from N.J.A.C. 2:36-1.11 by R.2005 d.185, effective 6/20/2005.
See: 36 New Jersey Register 5028(a), 37 New Jersey Register 2234(b).

N.J. Admin. Code § 2:36-1.13 [Reserved]

History

Repealed by 49 N.J.R. 1675(a), effective 6/19/2017

Chapter 48 GENERAL PROVISIONS

Subchapter 1 MARKETING AREAS

N.J. Admin. Code § 2:48-1.1 Marketing areas defined

(a) The milk marketing areas in the State of New Jersey shall be and hereby are defined as follows.

North Jersey shall include those areas of New Jersey included in:

i. The counties of Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean (except the boroughs of Barnegat Light, Beach Haven, Harvey Cedars, Ship Bottom, Surf City and Tuckerton, and the townships of Eagleswood, Lacey, Little Egg Harbor, Long Beach, Ocean, Stafford and Union), Passaic, Somerset, Sussex, Union and Warren;

South Jersey shall include those areas in New Jersey included in:

i. The counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Mercer and Salem, and, in Ocean County, the boroughs of Barnegat Light, Beach Haven, Harvey Cedars, Ship Bottom, Surf City and Tuckerton, and the townships of Eagleswood, Lacey, Little Egg Harbor, Long Beach, Ocean, Stafford and Union.

(b) Both of the areas in (a) above are included in Federal Milk Order No. 1 (Northeast Marketing Area).

History

Amended by R.2000 d.226, effective 6/5/2000.
See: 32
New Jersey Register 734(b), 32 New Jersey Register 2046(a). In (a)1, substituted "North Jersey" for "area one" and deleted reference to State-Federal milk marketing order number 2; in (a)2, substituted "South Jersey" for "area two" and deleted reference to State-Federal milk marketing order number 4; and added (b).

Subchapter 2 PROHIBITION OF FALSE, MISLEADING OR UNFAIR ADVERTISEMENTS OF MILK AND MILK PRODUCTS

N.J. Admin. Code § 2:48-2.1 Advertising of milk and milk products

(a) It shall be an unfair trade practice and unlawful for any licensee of the Division of Marketing and Development to directly or indirectly publish, promulgate, or distribute any false, misleading, or unfair advertisements through any form of advertising medium, or to make any misrepresentation which has the effect of deceiving, defrauding, or confusing consumers pertaining to the quality of his milk and milk products or the quality of the product of any other licensee.

(b) Any licensee offering milk products for sale to consumers in this State shall not represent such products as being milk unless such product meets the standards for milk as defined in the laws governing the production, handling and distribution of milk, cream and milk products in the State of New Jersey (see N.J.S.A. 24:10-57.1 et seq., as amended, and N.J.A.C. 8:21-10).

(c) Advertising copy (including lettering of all sizes and kinds) designed to induce customers to purchase milk or milk products shall include the product name shown on the label of the milk products container and if such advertisement term includes the word "milk," it shall not be any larger or of a different color than the other parts of the product name. Copies of all advertisement media must be included with the request to conduct a sales promotion, including, but not limited to, "cents off," "Bonus Card" or "refund" promotions, according to N.J.A.C. 2:48-4.1.

(d) Milk products referred to in this regulation shall mean those milk products defined in N.J.S.A. 24:10-57.1 et seq. and N.J.A.C. 8:21-10.

History

As amended, R.1978 d.57, eff. 2/21/1978.
See: 9 N.J.R. 110(a), 10 N.J.R. 92(a).
Amended by R.1990 d.572, effective 12/3/1990.
See: 22 N.J.R. 2625(a), 22 N.J.R. 3619(a).
Stylistic correction to cites.
Amended by R.2005 d.326, effective 10/17/2005.
See: 37 N.J.R. 1912(a), 37 N.J.R. 3967(a).
In (c), added "advertisement" following "and if such", and added the last sentence.

Subchapter 3 REPORTS

N.J. Admin. Code § 2:48-3.1 Confidentiality of reports and records by dealers, processors, subdealers and stores

(a) The New Jersey Department of Agriculture will hold confidential any information obtained while implementing the rules set forth in this chapter, which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 CFR Part 205.501 and 205.504 or the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.

(b) The confidential reports and records referred to herein include, but shall not be limited to, financial data submitted in support of license applications, records and reports of purchases and sales of milk and milk products, prices at which such products are sold, the cost of processing and distributing such milk and milk products, audit work papers and audit reports, and any list of accounts served.

History

R.1977 d.366, eff. 9/30/1977.
See: 9 N.J.R. 402(b), 9 N.J.R. 502(a).
Recodified from N.J.A.C. 2:48-4.1 by R.1990 d.572, effective 12/3/1990.
See: 22 N.J.R. 2625(a), 22 N.J.R. 3619(a).
Amended by R.2005 d.326, effective 10/17/2005.
See: 37 N.J.R. 1912(a), 37 N.J.R. 3967(a).
In rule heading, added "and records"; rewrote (a).

Subchapter 4 RESTRICTIONS ON THE USE OF COUPONS IN MILK PROMOTION

N.J. Admin. Code § 2:48-4.1 Coupons for milk restricted

(a) It shall be unlawful and a violation of these regulations for any licensee directly or indirectly through an entity associated in any way with the licensee to print or cause to be printed any "cents off," "Bonus Card Program," or "refund" coupon in any newspaper or other advertising media (including the milk container), which is redeemable either directly or indirectly through a third party by the consumer upon his or her purchase of any milk or fluid milk product unless prior written permission is granted by the Division of Marketing and Development to conduct such programs. All documentation concerning, but not limited to, "cents off," "Bonus Card Program," or "refund" promotions must be submitted 14 days prior to the program commencing to determine if the promotion will result in the sale of such products to be below variable cost as defined in the rules of the Division, specifically N.J.A.C. 2:52-7 and 2:53-6.

(b) Any and all newspaper and advertising media (including the milk container) must also be approved by the Division of Marketing and Development prior to use in order to determine if such advertisement is false and misleading and conforms to N.J.A.C. 2:48-2.1(c).

(c) The information to be submitted to the Department, pursuant to (a) and (b) above, shall be sent to the Coordinator, Dairy Program and Enforcement, New Jersey Department of Agriculture, Division of Marketing and Development, PO Box 330, Trenton, NJ 08625-0330.

History

Amended by R.1990 d.572, effective 12/3/1990.
See: 22 New Jersey Register 2625(a), 22 New Jersey Register 3619(a).
Recodified from N.J.A.C. 2:48-5.2 and (b) was repealed which required the notification to Director before licensee instituted "cents off" or "refund" couponing.
Amended by R.2005 d.326, effective 10/17/2005.
See: 37 New Jersey Register 1912(a), 37 New Jersey Register 3967(a).
Rewrote (a); added (b) and (c).

N.J. Admin. Code § 2:48-4.2 Unlimited use of coupons by National Dairy Promotion Board permitted

(a) It shall be lawful for the National Dairy Promotion Board of any state dairy promotion council to offer "cents off" or "refund" coupons on milk containers or any other medium for the promotion of dairy products including fluid milk, if the following conditions are met:

The cost of the coupon and the redemption thereof is borne entirely by the promotional organizations; and
The coupons are offered without limitations on all milk sold in the State of New Jersey.

History

New Rule, R.1985 d.649, effective 1/6/1986.
See: 17 New Jersey Register 2486(a), 18 New Jersey Register 77(a).
Recodified from N.J.A.C. 2:48-5.3 by R.1990 d.572, effective 12/3/1990.
See: 22 New Jersey Register 2625(a), 22 New Jersey Register 3619(a).

N.J. Admin. Code § 2:48-4.3 Unlimited use of coupons in restaurant promotions permitted

It shall be lawful for any promotional organization or milk processing dealer to enter into promotional arrangements with restaurant owners where coupons are used for promoting the sale of fluid milk or fluid milk products for consumption on the premises.

History

New Rule, R.1985 d.649, effective 1/6/1986.
See: 17 New Jersey Register 2486(a), 18 New Jersey Register 77(a).
Recodified from N.J.A.C. 2:48-5.4 by R.1990 d.572, effective 12/3/1990.
See: 22 New Jersey Register 2625(a), 22 New Jersey Register 3619(a).

Chapter 50 PRODUCERS

Subchapter 1 NOTICE TO DEALERS BY DAIRY FARMERS

N.J. Admin. Code § 2:50-1.1 Dairy farmers notice to dealers of intent to discontinue sales of milk

(a) Before a dairy farmer selling milk to New Jersey dealers may discontinue selling milk to such dealer, he or she shall give the dealer at least 28 days written notice of his or her intent to discontinue such sale.

(b) The notice of discontinuance shall be sent to the dealer by letter or on forms supplied by the Division of Marketing and Development (Division). A copy of such letter or form shall be filed with the Division of Marketing and Development and the 28-day period shall begin on the date such notice is received by the Division.

(c) The notice shall not be required from dairy farmers shipping to a cooperative association of which they are a member or when the termination is mutually agreeable to the dealer and the dairy farmer, provided that the Division of Marketing and Development is notified by both parties in advance of the change.

(d) The notice shall not be required for dairy farmers shipping to dealers who fail to make full payment in the time and manner required by joint orders of the Division of Marketing and Development and the United States Department of Agriculture.

(e) Upon written request by a dairy farmer or cooperative association, the notice provisions of this subchapter may be waived by the Secretary of the Department of Agriculture (Secretary) upon a finding of the following:

Compliance with the notice provision at (a) above would adversely impact the dairy industry in New Jersey;
Reasonable belief that dealer will fail to make payment to dairy farmers or cooperative associations based on dealer's failure to make timely payments to other dairy farmers or cooperative associations in New Jersey or other jurisdictions;
Filing of notice of bankruptcy by the New Jersey dealer; or
A reasonable belief that there is a risk of interruption in the availability of an adequate supply of fresh, wholesome milk to consumers, as required by the Milk Control Act of 1941, N.J.S.A. 4A:12-1et seq.

(f) This rule shall not affect or interfere with any private contractual obligations between dairy farmers, cooperative associations, and milk dealers.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

Subchapter 2 NOTICE TO DAIRY FARMERS BY DEALERS

N.J. Admin. Code § 2:50-2.1 Dealer notice to dairy farmers of intent to discontinue purchase of milk

(a) Before a dealer purchasing milk from New Jersey dairy farmers may discontinue such purchase, he or she shall give the dairy farmer(s) at least 28 days written notice of his or her intent to discontinue such purchase.

(b) The notice of discontinuance shall be sent to the dairy farmer and a copy filed with the Division of Marketing and Development on forms supplied by the Division for this purpose. The 28-day notice period shall begin on the day that such notice is received by the Division of Marketing and Development.

(c) The notice shall not be required for a dealer to temporarily discontinue purchasing milk from a dairy farmer whose milk does not meet the quality standards of the appropriate health authority or when the termination is mutually agreeable to the dealer and the dairy farmer, provided that the Division of Marketing and Development is notified by both parties in advance of the change.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

N.J. Admin. Code § 2:50-2.2 Dealer to report names of new or discontinued dairy farmers

A milk dealer purchasing milk from New Jersey dairy farmers shall send a notice to the Division of Marketing and Development of any new dairy farmer(s) and of any dairy farmer(s) discontinuing to sell milk to the dealer. Such information shall be filed monthly on or before the 10th day of each month.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

Subchapter 3 MEASURING AND SAMPLING OF MILK FROM FARM BULK TANKS

N.J. Admin. Code § 2:50-3.1 Applicant for weigher and sampler certificate to pass examination

(a) Before a person shall be approved by the Secretary of the Department of Agriculture, or authorized representative, to be competent to weigh, measure, and sample milk and cream pursuant to the provisions of N.J.S.A. 4:12-41.5, said person shall satisfactorily complete an examination to be conducted by the Secretary, or authorized representative. The examination shall consist of both a written test and satisfactory demonstration of proper performance of the actual weighing or measuring and sampling techniques herein required.

(b) Failure to satisfactorily complete the written test shall make the applicant ineligible for the performance test, but failure to satisfactorily complete the performance test shall not require the applicant to be reexamined for the written test. Reexamination for either the written test or the performance test shall be made at the request of the applicant to the Secretary, or authorized representative, orally or, in writing, and will be given as soon as practicable at a time and place mutually agreeable to the Secretary, or authorized representative, and the applicant.

(c) Upon the satisfactory completion of the examination, a certificate shall be issued to the applicant. Certificates shall be issued for the fiscal year ending June 30. Certificates, when renewed, shall be renewed for a period of two years. As a condition to renewal of the certificate, the Secretary may require attendance at a refresher course designed to train milk samplers in proper procedures and techniques of weighing, measuring, and sampling milk.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

N.J. Admin. Code § 2:50-3.2 Milk weighing, measuring, and sampling procedures

(a) Weighing, measuring, and sampling milk should be performed pursuant to the procedures as set forth in the current "Standard Methods for Examination of Dairy Products," published by the American Public Health Association, Inc., and, at a minimum, shall include the following:

Before starting the agitator, carefully insert a clean, dry measuring stick, seating fully; withdraw and read to the nearest 1/32 inch. Record the measurement, weight, temperature, time of pickup, date, and producer's name, and number. One copy of the weight ticket shall be left with the producer;

Agitate for not less than five minutes and longer, if necessary, to disperse the butterfat uniformly throughout the tank.

i. The person holding the weigher and sampler certificate issued by the Division of Marketing and Development shall be responsible for ascertaining that the milk is agitated for not less than five minutes and should periodically check the tank timer to determine whether it may be used as a guide; and

ii. It is suggested that each truck carry a timing device that may be used for timing the agitation; and

After milk has been agitated for at least five minutes with agitator running and before the outlet is open, take a universal sample. The sample shall be taken with a properly cleaned and sanitized stainless-steel dipper that is first dipped two or three times into the milk. This sample shall be at least one ounce (30 cubic centimeters). If composite samples are taken, on every day pickup, a 10 cubic centimeter dipper of milk shall be added to the composite daily. On every other day pickup, a 20 cubic centimeter sample shall be added to the composite at each pickup.

(b) When taking bacteria samples, special care shall be taken to prevent contamination of sample containers and/or equipment. The sampler's clothes and hands must be clean and dry when sampling. Sterile sample containers and sampling equipment shall be kept protected at all times and properly identified. After milk has been agitated for taking butterfat samples, remove at least a 10 cubic centimeter portion with a properly sterilized device into the sterile sample container. This container shall be immediately placed in an insulated, properly iced, or refrigerated case ensuring that the water level is no higher than the milk in the sample container.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

N.J. Admin. Code § 2:50-3.3 Maintenance of milk samples

(a) Each bulk tank truck used for farm pickup must be equipped with a sanitary compartment to hold the insulated sample case. This compartment must have a lock or the sample case itself must have a lock.

(b) The butterfat sample case must be kept locked at all times, unless under the direct supervision of the certified sampler.

(c) The insulated case shall have a rack which holds the sample container upright, and when bottles are used, a cover that rests on the sample bottle stoppers.

(d) The bottle stoppers shall be of the hooded plug type or of a type which gives equivalent protection from moisture entering the bottle.

(e) Each sample case shall contain one bottle filled with water for use in temperature checks.

(f) The temperature of butterfat samples shall be maintained at between 33 and 55 degrees Fahrenheit.

(g) The temperature of the bacteriological samples should be maintained at between 32 and 40 degrees Fahrenheit.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

N.J. Admin. Code § 2:50-3.4 Additional methods for the determination of butterfat of milk or cream

The Secretary shall approve the use of the automated light scattering method as set forth in "Official Methods of Analysis of the Association of Official Analytical Chemist," the 17th edition, 2000, Section 33.2.31, incorporated herein by reference, as amended and supplemented.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

Subchapter 4 PREMIUMS AND OTHER PAYMENTS TO PRODUCERS

N.J. Admin. Code § 2:50-4.1 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Department" means the New Jersey Department of Agriculture.

"Director" shall mean the Director of the Division of Marketing and Development for the New Jersey Department of Agriculture.

"Licensee" means any New Jersey processor required to be licensed pursuant to N.J.S.A. 4:12-2 and 4:12A-28.

"New Jersey processor" means any person, firm, partnership, association, or corporation who cans, freezes, dries, or otherwise preserves or processes, handles, hauls, carries, transports, or distributes New Jersey-produced milk and who is licensed pursuant to N.J.S.A. 4:12-2.

"New Jersey-produced milk" means milk produced by a New Jersey producer.

"New Jersey producer" means any person or entity meeting the definition of producer at N.J.S.A. 4:12-1.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

N.J. Admin. Code § 2:50-4.2 Payments for a fuel adjustment add-on

(a) All licensees shall pay to a New Jersey producer a fuel adjustment add-on for all New Jersey produced milk, which shall be calculated monthly by the Director in accordance with (b) below. The new fuel adjustment add-on for Class I milk will be officially announced on the Department's website at www.state.nj.us/agriculture the Friday before the 23rd of each month and will also be published in the New Jersey Register for the month in which the fuel adjustment add-on is effective. Should the 23rd of the month fall on a Friday, it will be announced on that day.

(b) The fuel adjustment add-on shall be calculated as follows:

Begin with the preceding month's diesel fuel price. The preceding month's diesel fuel price will be the price for the Central-Atlantic region as posted by the website of the Energy Information Administration of the U.S. Department of Energy, http://tonto.eia.doe.gov/dnav/pet/pet_pri_gnd_dcus_nus_w.htm, for the last full month prior to the month of calculation;
Subtract the base price of $ 1.403, which is the 2002 diesel fuel price for the Central-Atlantic region as posted on the website of the Energy Information Administration of the U.S. Department of Energy, http://www.eia.gov/dnav/pet/hist/LeafHandler.ashx?n=pet&s=emd_epd2d_pte_nus_dpg&f=m;
Calculate the premium by adding three cents for each 10 cents the fuel price increases over the base price or subtracting three cents for each 10 cents the fuel price decreases. To do this, take the difference between the preceding month's price and the base price and divide by 10. Round to the nearest whole number and multiply by three; and
Adjust the premium calculation to reflect the existing average Class I utilization, which shall be calculated monthly. The actual average Class I utilization calculation will be announced on the Department's website at www.state.nj.us/agriculture on the 14th of the month for the preceding month using the preceding month's production and processing figures. If the 14th of the month falls on a weekend or holiday, it will, be announced on the next business day. The fuel adjustment add-on amount actually payable to the New Jersey producer per hundred-weight for the preceding month will also be announced on the 14th of the month.

Begin with the December 2006 diesel price of $ 2.72 per gallon, which is the last full month prior to calculation;
Subtract the preceding month's diesel price from the base diesel price, as follows:

$ 2.72 (December diesel price) - $ 1.403 (base diesel price) = $ 1.317;

Divide the price difference by 10 cent intervals and round to the nearest whole number, as follows:

$ 1.317/10 cent intervals = 13.17 intervals (rounded to 13);

Multiply the number of intervals by three cents to arrive at the fuel adjustment add-on, as follows:

13 x $.03 per interval = $ 0.39;

Adjust the fuel adjustment add-on to reflect the current month's Class I utilization for New Jersey, as follows:

$ 0.39 x 0.76 (sample average Class I utilization) = $ 0.2964 (rounded to $ 0.30). For purposes of this example, it was assumed that the Class I utilization was 76 percent; however, the actual Class I utilization for February may be different than that used in this example; and

Thus, the fuel adjustment add-on for February 2007 is $ 0.30 per hundred-weight. Please note that as of the February 1, 2007, the original operative date of this subchapter, February's actual Class I Utilization has not yet been calculated and as a result, the actual fuel adjustment add-on amount payable to the New Jersey producer may differ from that listed in this subsection.

(d) This premium shall be payable directly to the New Jersey producer by the licensee in the final payment to the New Jersey producer in accordance with the final payment requirements at 7 CFR 1001.73. Adjustments shall be made for those licensees who overpay or underpay based on Class utilization in accordance with this subchapter. This premium will be in addition to and shall not replace any premiums paid to the New Jersey producer or those acting on behalf of the producer as of October 1, 2006.

(e) It shall be a violation of this subchapter for any licensee to change its premium program or divert milk to a different location for the purposes of circumventing this section or reducing the amount payable to a New Jersey producer pursuant to this section.

(f) The impact of the fuel adjustment add-on shall be reassessed by the Department beginning August 1, 2007.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

N.J. Admin. Code § 2:50-4.3 Adjustment of the fuel adjustment add-on for Class I utilization

(a) By the 10th day of each month, all licensees or their designees shall report, on forms provided by the Department for such purposes, the following information:

The total volume of New Jersey milk purchased for the preceding month;
The total amount paid to New Jersey producers pursuant to N.J.A.C. 2:50-4.2;
The percent of Class I utilization of the plant for the preceding month; and
Such other information as the Director may deem necessary for the proper calculation of the amount of the fuel adjustment add-on required to be paid by a licensee.

(b) The Department will calculate the amount of fuel adjustment add-on required to be paid by the licensee based on its Class I utilization of all New Jersey-produced milk received, in accordance with the following:

The volume of milk actually used as Class I utilization milk will be multiplied by the fuel adjustment add-on required to be paid on Class I utilization milk; and
The figure derived at (b)1 above will be subtracted from the amount of the fuel adjustment add-on actually paid to producers.

(c) If the licensee has underpaid, it will be required to pay the difference to the Department, or its designee. If the amount the licensee paid was an overpayment, it will receive a reimbursement from the Department, or its designee, for the amount overpaid.

(d) The Department, or its designee, must receive reimbursements from licensees who have underpaid based on the prior month's calculations no later than the 15th of each month. Licensees who have overpaid will receive reimbursements from the Department, or its designee, by the 20th of each month.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

N.J. Admin. Code § 2:50-4.4 Reporting and requests for assistance

(a) All licensees must report on forms provided by the Department for such purposes, the following information by March 1, 2007, regarding their existing premium programs for New Jersey producers:

A list of all premiums paid to New Jersey producers under current premium programs in effect as of October 1, 2006;
A description of the purpose for each premium listed;

A description of how each premium is calculated to arrive at the amount payable to a New Jersey producer;

A description of any changes made to each premium program, if any, since October 1, 2006, and the reason for such change; and
Such other information as may be required by the Director in the administration and enforcement of N.J.A.C. 2:50-4.2 and 4.3.

(b) All licensees shall report any changes to their premium programs for New Jersey producers on forms provided by the Department for such purposes, at least 15 days prior to the effective date of the proposed change and shall set forth the basis for the proposed change.

(c) Any New Jersey producer who believes that a licensee has changed its premium program or has diverted milk to another location for the purposes of circumventing N.J.A.C. 2:50-4.2 or reducing the amount payable to a New Jersey producer pursuant to N.J.A.C. 2:50-4.2 may submit a request for assistance to the Department, on forms supplied by the Department for such purposes. The Department shall investigate said complaint, in accordance with N.J.S.A. 4:12-14 and 4:12-15.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

N.J. Admin. Code § 2:50-4.5 Penalties

(a) When the Department receives evidence that any licensee has changed its premium program or diverted milk to another location for the purposes of circumventing N.J.A.C. 2:50-4.2, or reducing the amount payable to a New Jersey producer pursuant to N.J.A.C. 2:50-4.2, the Director shall hold a hearing pursuant to N.J.S.A. 4:12A-35.

(b) Any licensee who has been found to have changed its premium program or diverted milk to another location for the purposes of circumventing N.J.A.C. 2:50-4.2, or reducing the amount payable to a New Jersey producer pursuant to N.J.A.C. 2:50-4.2, in violation of any of the provisions of N.J.S.A. 4:12A-35, the licensee shall be subject to the following penalties:

First offense: suspension of the license required pursuant to N.J.S.A. 4:12A-28, until such time as the licensee fully corrects the violation as determined by the Director.
Each subsequent offense: suspension of the license required pursuant to N.J.S.A. 4:12A-28, until such time as the licensee fully corrects the violation, as determined by the Director, except that after the second violation of any of the provisions at N.J.S.A. 4:12A-35 by the same licensee within a three-year period, the Director shall permanently revoke the license required pursuant to N.J.S.A. 4:12A-28.

(c) The Director shall make the initial determination as to whether to suspend or revoke a license pursuant to N.J.S.A. 4:12A-35, as provided at (b)2 above.

(d) Any licensee who is aggrieved by the determination of the Director pursuant to this section shall, upon written request, transmitted to the Department within 20 days of the decision to suspend or revoke the license, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

Subchapter 5 CONFIDENTIALITY

N.J. Admin. Code § 2:50-5.1 Confidentiality

The New Jersey Department of Agriculture will hold confidential any information obtained pursuant to this chapter, which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 CFR 205.501 and 205.504 or the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.

History

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022

Chapter 52 PROCESSORS, DEALERS AND SUBDEALERS

Subchapter 1 PROCESSORS, DEALERS AND SUBDEALERS RECORDS AND REPORTS

N.J. Admin. Code § 2:52-1.1 Books and records of account

Every processor, dealer and subdealer shall maintain books and records, including all pertinent books, ledgers, journals, records, papers, schedules, analyses, memoranda, correspondence, vouchers, receipts, cancelled checks, accounts, exhibits, photographs, bills and other documents, including corporate minutes, Federal, State and local tax returns, and any other records required to verify financial statement as needed to ascertain the functioning, operations or activities of the licensee's business and as are necessary for a determination by the Division of Marketing and Development or its staff as to whether the licensee has complied with the applicable New Jersey statutes and rules and regulations of the division.

N.J. Admin. Code § 2:52-1.2 All transactions to be recorded

Any and all transactions relating to the licensed business (including but not limited to operations, customers and suppliers) are to be paid from and/or received into the accounts of the licensed business or be clearly reflected as accruals and be clearly and accurately recorded in the books and records of the business.

N.J. Admin. Code § 2:52-1.3 Separate records for each licensed business

Each licensed business shall maintain separate financial and other records. When requested, licensed dealers operating branches and/or subsidiaries must submit separate records pertaining to such entity for a determination by the Division of Marketing and Development as to whether the licensee's branch or subsidiary has complied with the applicable New Jersey statutes and rules.

N.J. Admin. Code § 2:52-1.4 Books and records required

(a) The books and records shall include but not be limited to the following.

Daily route loadout and settlement records, including:

i. Route number, driver's name and date;

ii. Beginning inventory of saleable units and milk and milk products;

iii. Number of units of milk and milk products loaded on truck;

iv. Number of saleable units of milk and milk products;

v. Number of spoiled units of milk and milk products;

vi. Number of units of milk and milk products sold;

vii. Volume of products totalled by units or pounds;

viii. Amounts of cash and charge sales stated separately;

ix. Route collections or charge accounts listed showing customers and amounts;

x. Amount of route money short or over;

xi. Details of any expenditures made from subparagraphs viii and ix of this paragraph.

Appropriate records on each truck showing the names and addresses of all retail and wholesale customers served on the route. These records shall reflect all sales and/or deliveries to each customer and shall be available for inspection at all times when the trucks are being used to service customers. On wholesale routes, a copy of the delivery slips to all customers may be maintained in the truck and the addresses maintained in the office of the dealer or subdealer;
Detailed daily cash and charge sales records of deliveries and sales, including the number of units and prices of all products sold or delivered to customers with the value of each product extended and totalled. The foregoing extensions and totals may be consolidated into weekly, biweekly or monthly records so long as daily records are maintained as per section 5 of this subchapter;
Accounts receivable records, including but not limited to:

i. A detailed accounts receivable record showing customer name, address and identifiable charges and credits. This shall be so maintained and detailed as to permit ready determination of the composition and age of the balances outstanding;

ii. Charges are to be posted in such a manner as to be readily proved to invoices or other posting documentation or record;

iii. A record of loans or notes receivable so maintained and detailed as to permit ready determination of the composition and age of the balances outstanding;

Cash receipts and disbursements records, including but not limited to:

i. All cash received, from whatever source, pertaining to the licensed business, shall be entered into a detailed daily record of cash receipts which shall be traceable to a specific deposit made or other disposition of the cash received. This shall include but not be limited to collections for deliveries to accounts and other miscellaneous cash sales or income. It shall also show individual customer or other accounts affected and be supported by original documentation showing the nature of the cash receipt transaction;

ii. All moneys expended, relating to the licensed business, including but not limited to payments for purchases, expenses, rebates, and so forth, shall be entered into a detailed record of cash disbursements. These entries shall be supported by original documentation, including invoices, receipts and bills of sale or other documentation. Records of rebates, if any, are to be maintained and are to indicate details of the basis for such rebates as applied to each customer;

iii. Records required shall also include daily detailed deposit slips, voided and cancelled checks and monthly bank statements or passbooks for all bank accounts affecting the licensed business, including bank debit and credit memoranda, check stubs or duplicates, and bank reconciliations;

Purchase and expense records, including but not limited to:

i. A detailed daily record of all purchases relating to the licensed business, including purchases of milk and milk products and all other items of cost and expense. These entries shall be supported by original documentation from vendors or others with whom the transactions originate;

ii. A detailed record of all assets purchased, including refrigeration and storage units;

iii. Detailed payroll and personnel records showing all employees and their individual earnings, as well as any other reimbursed expenses of officers and employees;

A general ledger, posted monthly, showing the summary of all transactions reflected in the cash receipt and disbursement records, the sales records, the purchase record, and the adjustments or other financial records;
Copies of any and all agreements pertaining to the licensed business, including but not limited to sales or leases or property and/or equipment, rentals of property and/or equipment, loans received or granted, routes leased, sold or purchased, and contracts relating to the sale or purchase of milk or milk products.

History

Amended by R.1990 d.271, effective 5/21/1990.
See: 22 New Jersey Register 888(a), 22 New Jersey Register 1553(a).
Minor internal recodification.

N.J. Admin. Code § 2:52-1.5 Retention of records

(a) All books and records shall be retained by the licensee for a period of three years to begin at the end of the calendar month to which such books and records pertain, subject to the following.

If within such three year period the Director of the Division of Marketing and Development notifies the licensee in writing that the retention of such books and records or of specified books and records is necessary in connection with a proceeding under the act or a court action specified in such notice, the licensee shall retain such books and records until further written notification from the director;
Daily delivery records which have been consolidated into weekly; biweekly or monthly records may be retained for only two years.

N.J. Admin. Code § 2:52-1.6 Reports required

(a) All processors, dealers and subdealers shall file reports on forms supplied by the Division of Marketing and Development as follows:

On or before the 20th day of each month for the preceding month a report of all milk and milk products purchased and sold during the month, which report shall include information as to the source of milk supplies and the destination and quantities of products sold.

i. In lieu of the monthly report of milk and milk products purchased and sold, the director may accept a copy of the report filed with the market administrator of the joint Federal-State order covering New Jersey;

ii. If milk and milk products are purchased and/or sold both within and outside the State of New Jersey, such information shall be reported separately;

iii. The director may exempt subdealers from filing the report of purchases and sales if such information is included in the report of the processor or dealer supplying the subdealer.

Annually and at such other times as the director may request, a list of all stores and wholesale accounts served (including dealers, subdealers, schools and institutions) showing name, trade name, address, current milk license number (if applicable) and the aged amount receivable for all products and any other amounts due shown separately; and
Such other reports as may be required by the director in the administration and enforcement of N.J.S.A. 4:12A-1 et seq.

History

As amended, R.1977 d.310, effective 8/22/1977.
See: 9 N.J.R. 250(a), 9 N.J.R. 404(a).
Amended by R.1989 d.127, effective 3/6/1989.
See: 20 N.J.R. 2955(a), 21 N.J.R. 634(a).
Deleted old text in (a)2iii(2) and substituted new.
Amended by R.1990 d.271, effective 5/21/1990.
See: 22 N.J.R. 888(a), 22 N.J.R. 1553(a).
Reporting extended to 20th day of month; old (a)2 deleted, remaining paragraphs recodified.
Amended by R.2005 d.327, effective 10/17/2005.
See: 37 N.J.R. 1913(a), 37 N.J.R. 3968(a).
In (a), added "and" at the end of 2, deleted former 3, recodified former 4 as 3, and deleted 5.
Emergency amendment, R.2007 d.70, effective 1/29/2007 (operative February 1, 2007, to expire March 30, 2007).
See: 39 N.J.R. 677(a).
In introductory paragraph of (a), inserted "monthly"; recodified former (a)1i through (a)1iii as (a)2 through (a)4; added (b); recodified former (a)2 as (b)1 and rewrote; added (b)2 through (b)5; added (c); recodified former (a)3 as (d); in (d), substituted "All processors, dealers and subdealers shall file such" for "Such" and "Director" for "director"; and added (e) and (f).
Administrative correction.
See: 43 N.J.R. 959(a).

N.J. Admin. Code § 2:52-1.7 Confidentiality

The New Jersey Department of Agriculture will hold confidential any information obtained while implementing the rules set forth in this chapter, which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 C.F.R. Part 205.501 and 205.504 or the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.

History

New Rule by R.2005 d.327, effective 10/17/2005.
See: 37 New Jersey Register 1913(a), 37 New Jersey Register 3968(a).

Subchapter 2 DEALER NOTICE OF INTENT TO SERVE UNLICENSED STORE

N.J. Admin. Code § 2:52-2.1 Notice of intent

(a) A dealer licensee may begin selling milk and milk products to an unlicensed store (other than a government agency) upon approval by the Director as follows:

With a two-week notice to the present supplier and to the Division of Marketing and Development. Such notice shall be filed by the proposed new supplier on forms provided for that purpose.
Without notice, if the Director finds after investigation, that the supplier(s) is failing to provide adequate service or to supply products desired by the store or is supplying milk and milk products which do not meet minimum standards of the appropriate health authority.
Without notice, if such change is mutually agreeable to all parties.
Without notice, if the unlicensed store account is changing ownership, and the new owner accepts two or less deliveries of milk and milk products from the supplier. (If the new owner accepts three or more deliveries of milk and milk products from the supplier, notice shall be required.) As used herein "changing ownership" must be a bona fide transfer of title to the new owner(s). Transfers of title to another member of the owner's immediate family or partial change of ownership shall not be considered a change of ownership for purposes of this regulation.
Without notice, if the authorized supplier transfers the account to another supplier; however, if the unlicensed store is notified in writing of the transfer and accepts three deliveries from the new supplier after the date the written notice is received by the unlicensed store, notice shall be required.

Without notice if yogurt is the only product involved.

(b) Approval to serve the unlicensed store may be denied if the Director determines through investigation that the offer violates the Milk Control Act or rules and regulations issued pursuant thereto. Also until the store pays all indebtedness, less any legal rebates and discounts earned, for milk and fluid milk products purchased from the previous supplier(s) approval to change supplier(s) shall be withheld.

(c) To provide an orderly flow of milk and milk products, all requests for assistance related to, but not limited to, this section must be filed with the Director of Marketing and Development within 30 days from date of last business transaction between the store and the previous supplier; and shall include the location of the store, amount in dispute, any attempted resolution and any other information necessary for a determination of compliance and/or the administration and enforcement of the applicable New Jersey statutes and rules.

History

As amended, R.1984 d.488, effective 11/5/1984.
See: 16 N.J.R. 2028(a), 16 N.J.R. 3004(b).
Deleted old (a)1; renumbered (a)2.-3. as (a)1.-2.; added new (a)3.
Amended by R.1985 d.75, effective 3/4/1985.
See: 16 N.J.R. 3071(a), 17 N.J.R. 576(a).
(a)4 added.
Amended by R.1985 d.335, effective 7/1/1985.
See: 17 N.J.R. 1012(a), 17 N.J.R. 1645(b).
(a)6 added.
Amended by R.2005 d.327, effective 10/17/2005.
See: 37 N.J.R. 1913(a), 37 N.J.R. 3968(a).
In (b), added "through investigation" following "Director determines"; added (c).

N.J. Admin. Code § 2:52-2.2 Commencement of the two-week period and approval

The two-week period referred to in N.J.A.C. 2:52-2.1(a)1 shall commence upon receipt of the form in the office of the Division of Marketing and Development. All parties to the change shall be notified of any approval or denial within the two-week period except that if the Director determines that there is probable cause that the offer to serve a new customer is below cost and in violation of the Milk Control Act, action on the notice may be delayed pending investigation and/or cost analysis.

History

As amended, R.1984 d.488, eff. 11/5/1984.
See: 16 New Jersey Register 2028(a), 16 New Jersey Register 3004(b).
Changed reference from (a)2 to (a)1.
Amended by R.1990 d.271, effective 5/21/1990.
See: 22 New Jersey Register 888(a), 22 New Jersey Register 1553(a).
Exception to two-week period if there is probable cause to believe that there has been a violation of the Milk Control Act.

Subchapter 3 DEALER NOTICE OF INTENT TO CHANGE SOURCE OF SUPPLY

N.J. Admin. Code § 2:52-3.1 Change in source of supply

(a) A dealer may change his source of supply or engage an additional source of supply of milk and milk products upon approval by the Director as follows:

With a two week notice to the present supplier(s) and to the Division of Marketing and Development. Such notice shall be filed by the dealer making the change on forms provided for that purpose.
Without notice if the Director finds after investigation that the supplier(s) is failing to provide adequate service or to supply products desired by the dealer requesting the change or is supplying milk and milk products which do not meet minimum standards of the appropriate health authority.
Without notice, if such change is mutually agreeable to all parties.

Without notice, if the business is changing ownership, and the new owner accepts two or less deliveries of milk or milk products from the supplier. (If the new owner accepts three or more deliveries of milk and milk products from the supplier, notice shall be required.) As used herein "changing ownership" must be a bona fide transfer of title to the new owner(s). Transfers of title to another member of the owner's immediate family or partial change of ownership shall not be considered a change in ownership for purposes of this regulation.

Without notice, if the authorized supplier transfers the account to another supplier; however, if the licensed dealer is notified in writing of the transfer and accepts three deliveries from the new supplier after the date the written notice is received by the dealer, notice shall be required.
Without notice if yogurt is the only product involved.

(b) Approval to change supplier(s) may be denied if the Director determines through investigation that the offer violates the Milk Control Act or rules and regulations issued pursuant thereto. Also, until the dealer pays all indebtedness, less any legal rebates and discounts earned for milk and fluid milk products purchased from the previous supplier(s) approval to change supplier(s) shall be withheld.

(c) To provide an orderly flow of milk and milk products, all requests for assistance related to, but not limited to, this section must be filed with the Director of Marketing and Development within 30 days from date of last business transaction between the dealer and the previous supplier; and shall include the location of the store, amount in dispute, any attempted resolution and any other information necessary for a determination of compliance and/or the administration and enforcement of the applicable New Jersey statutes and rules.

History

As amended, R.1984 d.488, effective 11/5/1984.
See: 16 New Jersey Register 2028(a), 16 New Jersey Register 3004(b).
Deleted old (a)1; renumbered (a)2-3 as (a)1-2; added new (a)3.
Amended by R.1985 d.75, effective 3/4/1985.
See: 16 New Jersey Register 3071(a), 17 New Jersey Register 576(a).
(a)4 and 5 added. Amended by R.1985 d.335, effective 7/1/1985.
See: 17 New Jersey Register 1012(a), 17 New Jersey Register 1645(b).
(a)6 added. Amended by R.2005 d.327, effective 10/17/2005.
See: 37 New Jersey Register 1913(a), 37 New Jersey Register 3968(a).
In (b), added "through investigation" following "Director determines"; added (c).

N.J. Admin. Code § 2:52-3.2 Commencement of the two-week period and approval

History

As amended, R.1984 d.488, eff. 11/5/1984.
See: 16 New Jersey Register 2028(a), 16 New Jersey Register 3004(b).
Changed reference from 3.1(a)2 to 3.1(a)1.
Amended by R.1990 d.271, effective 5/21/1990.
See: 22 New Jersey Register 888(a), 22 New Jersey Register 1553(a).
Exception made for probable cause regarding violation of Milk Control Act.

Subchapter 4 PROCESSOR, DEALER OR SUBDEALER NOTICE TO STOP SERVING

N.J. Admin. Code § 2:52-4.1 Notice to wholesale customers of discontinuance of service

(a) Before a processor, dealer or subdealer licensee may discontinue selling any milk, cream or milk products to a dealer, subdealer, licensed store or unlicensed store (other than a governmental agency), the licensee shall notify the customer and the director, in writing, of his intent to discontinue service at least two weeks prior to the proposed date of discontinuance.

(b) Such two week notice shall not be required if the customer releases the supplier in writing and a copy of such release is sent to the Division of Marketing and Development.

History

As amended, R.1980 d.284, eff. 7/1/1980.
See: 12 New Jersey Register 299(a), 12 New Jersey Register 450(c).

Subchapter 7 SALES BELOW COST; DEALER

N.J. Admin. Code § 2:52-7.1 Sales below variable cost prohibited

It shall be unlawful and a violation of these rules for any dealer licensee to directly or indirectly be a party to, or assist in, any transaction to sell or offer to sell milk and milk products within the State of New Jersey, or for sale in the State of New Jersey, at less than the variable cost thereof as defined in N.J.A.C. 2:52-7.2; but nothing in this section shall prevent a dealer from meeting the price or offer of a competitor for a product or products of like quality and nature in similar quantities; provided, however, that the burden of proving and properly documenting the meeting of a competitive price shall rest with the licensee asserting the claim.

N.J. Admin. Code § 2:52-7.2 Variable cost defined

The term "variable cost" as used in this subchapter shall include, but not be limited to, the basic cost of raw or reconstituted milk or derivatives thereof as determined in accordance with the joint State-Federal orders administered by the Division of Marketing and Development and the United States Department of Agriculture in the State of New Jersey; the cost of any added ingredients; and all other variable costs associated with the business of the dealer including the cost of material, labor, receiving, cooling, processing, manufacturing, storing and distributing the products sold; selling expense, maintenance charges, delivery expense, gifts, and free service allocated proportionately to each unit of product sold in accordance with generally accepted accounting principles. The proportioned allocation may be adjusted to reflect efficiencies in packaging different sized containers. Not included in these costs are office expense, salaries of executives and officers, interest, rent, depreciation, license fees, taxes, insurance, advertising, and advertising allowances.

N.J. Admin. Code § 2:52-7.3 Certain costs to be averaged

(a) In computing cost as used in this subchapter, all variable costs of doing business with the exception of raw products and ingredient costs shall be based on average costs for the dealer in question during the previous 12 months, adjusted to appropriately reflect any significant changes in costs of operation in the averaging period or such shorter time as the licensee may have been in business.

(b) In determining cost for a specific account, the value of any gifts and free services must be included in cost to be averaged for the 12-month period, except where a written contract for a specified term exists between the dealer and the recipient customer, the value of such gifts and free services may be amortized over the remaining term of the contract.

(c) All costs of delivery shall be based on average variable costs for the dealer in question during the previous 12 months and allocated proportionately to each unit of product delivered except where specific delivery cost records are maintained for each method and size of delivery, the actual direct cost of the delivery shall be the basis of the allocation and shall be prorated to each unit of product included in the delivery.

N.J. Admin. Code § 2:52-7.4 Raw milk costs defined

As used in this subchapter, the cost for raw and the reconstituted milk shall be the total cost of acquiring the milk or butterfat, or milk solids-not-fat, but shall not be less than the applicable class I price as determined by the Federal Milk Market Administrator's office Federal Order Number 1 (Northeast Marketing area). The order differential zone used in the calculation will be the New York, NY selected location as determined by the United States Department of Agriculture.

History

Amended by R.2005 d.327, effective 10/17/2005.
See: 37 New Jersey Register 1913(a), 37 New Jersey Register 3968(a).
Rewrote the section.

N.J. Admin. Code § 2:52-7.5 Enforcement

The Director shall enforce the provisions of this subchapter by proceeding pursuant to N.J.S.A. 4:12A-39 (monetary penalties) or 4:12A-44 (actions to restrain violations). Proceedings to revoke or suspend, or to refuse to renew, the license of any milk dealer who violates the provisions of this subchapter may be commenced by the Director where the licensee has continued in a course of dealing of such nature to satisfy the Director of that dealer's inability or unwillingness properly to conduct the business of receiving or selling milk in accordance with the provisions of the Milk Control Act, N.J.S.A. 4:12A-1 et seq. Such proceedings shall be conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

Chapter 53 STORES

Subchapter 2 PRICE POSTING

N.J. Admin. Code § 2:53-2.1 Price posted in store

(a) Every licensed store shall post at the milk display case a current price list showing all the prices at which it will sell milk and milk products.

(b) The price posting shall be so placed in the store that it may be readily seen and read by all customers purchasing milk or milk products.

(c) Prices legibly marked on the individual containers of each and every package of milk or milk products offered for sale will be deemed as compliance with this provision.

Subchapter 5 STORE RECORDS AND REPORTS

N.J. Admin. Code § 2:53-5.1 Store books of record and account

(a) Every store selling milk or milk products shall maintain such books and records, including records of any and all transactions relating to the licensee's business as are necessary for a determination by the Division of Marketing and Development that the store has complied with the applicable statutes and rules and regulations of the Division. These records shall include, but not be limited to, the following:

A purchase record including a detailed daily record of all purchases of milk and milk products showing the supplier's name and number of units and prices of all products with the value of each product extended and totaled;
A record of rebates, discounts or allowances received, directly or indirectly, from suppliers of milk and milk products;
A record of equipment, loans or other items of value received or purchased from suppliers of milk and milk products with applicable documentation;
A detailed daily record of all payments to suppliers of milk and milk products, directly or indirectly, for loans, purchases or leases of equipment, or any other purchases;
A record and documentation for any agreement, arrangement, contract or common understanding with any other division licensee;
All books and records shall be retained at the store or other convenient location within the State of New Jersey for a period of three years to begin at the end of the calendar month to which such books and records pertain; provided that, if within such three-year period the Director of the Division of Marketing and Development notifies the store in writing that the retention of such books and records, or of specified books and records, is necessary in connection with a proceeding under the act or a court action specified in such notice, the store shall retain such books and records until further written notice from the Director:

i. A store may maintain its books and records outside the State of New Jersey by notifying the director in writing and by agreeing in writing to make such records available for inspection and audit as if the records were physically located within this State.

History

Amended by R.2000 d.438, effective 11/6/2000.
See: 32 New Jersey Register 2653(a), 32 New Jersey Register 3973(b).
In (a), substituted "and Commodity Regulation" for "Industry" in the introductory paragraph and 6.

N.J. Admin. Code § 2:53-5.2 Reports by stores

Every store selling milk or milk products shall file such reports as the director may require in the administration and enforcement of N.J.S.A. 4:12A-1 et seq.

History

Emergency amendment, R.2007 d.70, effective 1/29/2007 (operative February 1, 2007, to expire March 30, 2007).
See: 39 N.J.R. 677(a).
Added (a) and (b); inserted designation (c); in (c), substituted "All stores" for "Every store" and "Director" for "director" and inserted "other"; and added (d) and (e).
Administrative correction.
See: 43 N.J.R. 959(a).

N.J. Admin. Code § 2:53-5.3 Confidentiality

The New Jersey Department of Agriculture will hold confidential any information obtained pursuant to this chapter, which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 CFR Part 205.501 and 205.504 or the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.

History

New Rule, R.2006 d.97, effective 3/6/2006.
See: 37 N.J.R. 4094(a), 38 N.J.R. 1315(b).

Subchapter 6 SALES BELOW COST; STORES

N.J. Admin. Code § 2:53-6.1 Sales below variable cost prohibited

It shall be unlawful and a violation of this subchapter for any licensed store to offer for sale or sell milk or milk products at less than the variable cost thereof as defined in N.J.A.C. 2:53-6.2; but nothing in this section shall prevent a store from meeting the price or offer of a competitor for a product or products of like quality sold in similar quantities; provided, however, that the burden of proving and properly documenting the meeting of a competitive price shall rest with the licensee asserting the claim.

N.J. Admin. Code § 2:53-6.2 Variable cost defined

(a) Except as hereinafter provided, the term "variable cost" as used in this subchapter shall include the net invoice cost of the milk and milk products plus all other variable costs related to the sale of milk and milk products. Such costs will be determined in accordance with generally accepted accounting principles and be allocated proportionately to each unit of product sold. These costs shall include labor, receiving, cooling, storing, selling, distributing, maintenance, delivery, gifts, and free service allocated to each unit of product sold. Not included in these costs are salaries of those engaged in administrative functions, office expenses, interest, rent, depreciation, license fees, taxes, insurance and advertising.

(b) In the absence of proof of a smaller amount, a store may add (as a proxy for total variable cost) five percent of the net invoice cost to determine the lawful selling price for milk and milk products. Also, pursuant to N.J.A.C. 2:53-6.1, a store may meet any price or offer of a competitor.

Subchapter 7 NOTICE OF INTENT TO CHANGE SOURCE OF SUPPLY

N.J. Admin. Code § 2:53-7.1 Notice of intent

(a) As used in this section, "supplier of record" shall mean any supplier of milk or milk products from whom a licensed store has accepted three or more deliveries of milk or milk products.

(b) A licensed store may change its supplier of record or engage an additional supplier of milk and milk products once it has complied with the following requirements:

A store shall pay all indebtedness, less any legal rebates and discounts earned, for fluid milk and milk products purchased from the supplier of record.
A store shall give the supplier of record at least 48 hours actual notice of intent to change suppliers. Actual notice shall be given in writing reasonably calculated to be received 48 hours prior to the date and time of the effective date as stated in the notice. Unless the store gives at least 48 hours prior notice to its supplier of record, the store shall not refuse to accept the next scheduled delivery from the supplier of record.
Notice to the supplier of record is not required in the following circumstances:

i. If the Director of the Division of Marketing and Development of the Department of Agriculture finds after investigation that the supplier of record is failing to provide adequate service or to supply products desired by the store or is supplying milk and milk products which do not meet minimum standards of State and Federal health authorities;

ii. If such change is mutually agreeable to all parties;

iii. If the licensed store account is changing ownership, and the new owner accepts two or less deliveries of milk and milk products from the supplier of record. (If the new owner accepts three or more deliveries of milk and milk products from the supplier of record, notice shall be required.) As used herein "changing ownership" must be a bona fide transfer of title to the new owner(s). Transfers of title to another member of the owner's immediate family or partial change of ownership shall not be considered a change of ownership for purposes of this section;

iv. If the supplier of record transfers the account to another supplier of milk and milk products; however, if the licensed store is notified in writing of the transfer and accepts three or more deliveries from the new supplier of milk and milk products after the date the written notice is received by the licensed store, notice shall be required; or

v. If yogurt is the only product involved.

(c) The licensed store shall give notice to the Division of Marketing and Development within three business days of an agreement to change its supplier of record or add suppliers of milk and milk products. Such notice shall be filed by the store, or the new supplier of milk and milk products on its behalf, on the forms provided for that purpose by the Director.

(d) A store changing its supplier of record or adding suppliers of milk and milk products without complying with the requirements of (b) above may be cited for a violation of this section. A cited store may request a hearing before an Administrative Law Judge pursuant to the Administrative Procedure Act and the Uniform Administrative Procedure Rules, or at an informal hearing pursuant to N.J.S.A. 4:12A-43 provided that, if the total amount owed is in controversy, the amount not in controversy must be paid and the balance referred to the Director for mediation pursuant to N.J.S.A. 4:12A-24.

History

Amended by R.2000 d.438, effective 11/6/2000.
See: 32 N.J.R. 2653(a), 32 N.J.R. 3973(b).
In (b), substituted "and Commodity Regulation" for "Industry".
Amended by R.2006 d.97, effective 3/6/2006.
See: 37 N.J.R. 4094(a), 38 N.J.R. 1315(b).
Rewrote the section.

Chapter 55 SCHOOL MILK PURCHASE REGULATIONS

Subchapter 1 DEFINITIONS

N.J. Admin. Code § 2:55-1.1 Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Agreement" means the agreement required by N.J.S.A. 18A:18A-6.

"Association of producers" means an association engaged in the business of selling or distributing fresh milk, qualified to do business in the State of New Jersey and whose membership includes at least one New Jersey producer.

"Board" means board of education of any school district in the State of New Jersey.

"Department" means the New Jersey Department of Agriculture.

"Fresh milk" means the natural product of a dairy animal or animals produced by New Jersey producers or associations of producers and includes fluid milk and cream, whole milk, skim milk, low fat milk, fortified whole or skim milk, buttermilk, flavored milk, any milk drink, cream and mixtures of milk and cream, all of which products are considered in the trade as "fluid milk."

"New Jersey producers" means any person engaged in the business of producing milk in New Jersey.

"Person" means any individual, corporation, business, partnership, association, cooperative, limited liability company, or other legal entity.

"School milk" means all milk sold to boards which is intended for direct consumption and shall include fluid milk and cream, whole milk, skim milk, low fat milk, fortified whole or skim milk, buttermilk, flavored milk, any milk drink, cream and mixtures of milk and cream, all of which products are considered in the trade as "fluid milk."

"Secretary" means Secretary of Agriculture of the State of New Jersey or his or her designee.

"Vendor" means any person who sells or offers to sell school milk to any board as defined in this section including, but not limited to, any person required to be licensed pursuant to N.J.S.A. 4:12-2 or 4:12A-28.

"Year" means the school year during which school milk is offered to be sold or sold to a "board" as defined in this section.

History

Amended by R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).
Added introductory paragraph and definitions "Association of producers", "Department", "New Jersey producers", "Person" and "School milk"; in definition "Agreement", updated the N.J.S.A. reference; rewrote definitions "Fresh Milk" and "Vendor"; deleted definition "New Jersey Association of Producers"; in definition "Secretary", inserted "or his or her designee"; and in definition "Year", deleted "contract or" preceding "school year", and substituted "school" for "fresh" preceding "milk" and "section" for "Section".

Subchapter 2 REPORTS

N.J. Admin. Code § 2:55-2.1 Reports by boards

(a) On or before September 1 of each year, the Secretary shall send each board a form inquiring as to whether the board has purchased or will be purchasing school milk for the year. The board must fill out the form and return it to the Department within 15 days of receipt.

(b) For all contracts entered into for the purchase of school milk from and after the effective date of this chapter, each board shall file a copy of the agreement with the Secretary before the effective date of the contract or within 15 days after the agreement is signed, whichever occurs first. Such copy may be a facsimile, a photocopy or a certified copy of the original on file in the office of the board.

History

Amended by R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).
Rewrote the section.

N.J. Admin. Code § 2:55-2.2 Reports by vendors

(a) For all contracts entered into for the purchase of school milk from and after the effective date of this chapter all vendors shall notify the Secretary of such contract before the effective date of the contract or within 15 days after the contract is awarded, whichever occurs first. Notification to the Secretary shall include a list of all schools to be served and a list of the boards with whom the vendor has entered into contract for the supply of school milk.

(b) All vendors shall file verified monthly reports on forms provided by the Department detailing the amount of fresh milk purchased from any source, the amount of school milk sold to schools during the preceding month, and the amount of fresh milk transferred during the month and to whom it was transferred. Such reports shall be filed to reach the Office of the Secretary on or before the 20th day of the month following the month for which the report is prepared. Such reports shall be on forms prescribed and furnished by the Secretary.

History

Amended by R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).
Deleted former (a); recodified former (b) and (c) as (a) and (b); and rewrote new (a) and (b).

N.J. Admin. Code § 2:55-2.3 Reports by associations of producers

(a) Associations of producers shall determine the amount of fresh milk received and shall report sales of such milk to vendors each month.

(b) Such report shall be in addition to any other reports required to be filed by the Milk Control Act of the State of New Jersey, N.J.S.A. 4:12A-1 et seq.

History

Amended by R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).
Section was "Reports by association". In (a), deleted ", other than vendors," following "Associations of producers" and "from New Jersey producers" following "received" and inserted "fresh"; and in (b), inserted ", N.J.S.A. 4:12A-1 et seq.".

N.J. Admin. Code § 2:55-2.4 Confidentiality of reports

The New Jersey Department of Agriculture will hold confidential any information obtained pursuant to N.J.A.C. 2:55-2.1 through 2.3 that constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 CFR 205.501 and 205.504 or the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.

History

New Rule, R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).

Subchapter 3 ALLOCATION OF MILK FROM NEW JERSEY PRODUCERS

N.J. Admin. Code § 2:55-3.1 Computations

(a) In determining whether a vendor complied with the requirement to purchase fresh milk from the New Jersey producers or associations of producers, the following computations shall be made for each month during the year:

Compute the total amount of school milk sold to all boards subject to the provisions of N.J.S.A. 18A:18A-6 by each vendor;
Compute the total fresh milk purchased by each vendor during the month by adding the total amount of fresh milk received by the vendor from all sources; and
Subtract the pounds of school milk sold by each vendor to all boards from the pounds of fresh milk purchased. Any plus amount represents the maximum amount that the vendor could transfer to other vendors during the month for use in meeting the requirements of N.J.S.A. 18A:18A-6 and this chapter for the purchase of fresh milk, but any such amount may not be credited against transfers to other vendors in subsequent months.

History

Amended by R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).
Rewrote the section.

N.J. Admin. Code § 2:55-3.2 Allocation to associations of producers

Any fresh milk sold to a vendor by an association of producers must be fresh milk received by the association of producers during the month within which it was sold.

History

Repeal and New Rule, R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).
Section was "Allocation to associations".

Subchapter 4 PROOF OF UNAVAILABILITY OF MILK

N.J. Admin. Code § 2:55-4.1 Burden of proof

(a) The burden of proving that fresh milk was not available to comply with the agreement may be met in either of the following ways:

By demonstrating that the total sales of school milk to New Jersey school boards by all vendors for the month was in excess of the total amount of fresh milk produced and detailing the efforts made throughout the month to acquire fresh milk; or
By advising the Secretary in writing on a month-by-month basis that fresh milk was not available from any source and detailing the efforts made throughout the month to acquire fresh milk.

History

Amended by R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).
Rewrote the section.

N.J. Admin. Code § 2:55-4.2 Responsibility of Secretary

(a) Upon receipt of a report pursuant to N.J.A.C. 2:55-4.1(a)1 or 2, the Secretary shall verify that fresh milk was not available and shall notify the vendor of the Secretary's finding.

(b) A finding by the Secretary that fresh milk was available shall void the offer of proof by the vendor, and shall constitute a failure to acquire sufficient fresh milk to comply with the agreement in violation of N.J.S.A. 18A:18A-6 and this chapter.

(c) The requirement to pay reasonable handling charges above the Class I price shall not be considered by the Secretary in determining unavailability of fresh milk.

History

Amended by R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).
Rewrote (a) and (b); and in (c), inserted "fresh".

Subchapter 5 EFFECT OF DEALER'S FAILURE TO ACQUIRE NEW JERSEY-PRODUCED MILK

N.J. Admin. Code § 2:55-5.1 Penalties

(a) Any vendor who fails to acquire enough fresh milk to satisfy the requirements of N.J.S.A. 18A:18A-6 and this chapter shall be subject to a penalty of no less than $ 100.00 or more than $ 500.00 per day for each day of noncompliance.

(b) No penalties will be assessed if the Secretary determines, in accordance with N.J.A.C. 2:55-4.2, that the vendor has satisfied the burden of proof as to the unavailability of fresh milk as set forth in N.J.A.C. 2:55-4.1.

(c) The Secretary shall make the initial determination as to whether a violation of N.J.S.A. 18A:18A-6 and this chapter has occurred and what penalty should be assessed pursuant to (a) above.

(d) Any vendor who is aggrieved by the determination of the Secretary pursuant to this section shall, upon written request transmitted to the Department within 20 days of the penalty assessment, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(e) Pursuant to N.J.S.A. 18A:18A-6, actions to enforce the provisions of this section may be brought by and in the name of the Secretary against any person that fails to comply with the requirements of N.J.S.A. 18A:18A-6 or this chapter. Any penalties assessed pursuant to (a) above shall be recovered by and in the name of the Secretary and shall be paid to the school district named in the proceeding.

History

Repeal and New Rule, R.2006 d.439, effective 12/18/2006.
See: 38 N.J.R. 3096(a), 38 N.J.R. 5351(a).
Section was "Scope".

Chapter 56 DAIRY LICENSING FEES AND PENALTIES

Subchapter 1 DAIRY LICENSING FEES

N.J. Admin. Code § 2:56-1.1 Licensing fees of dealers who buy for shipment, sale, resale, or manufacture

Persons licensed pursuant to N.J.S.A. N.J.S.A. 4:12-2 shall, in compliance with all other provisions of N.J.S.A. 4:12-3, pay a license fee of $ 100.00. This fee will supersede the fee required by N.J.S.A. 4:12-3.

History

Amended by 51 N.J.R. 135(a), effective 1/22/2019

N.J. Admin. Code § 2:56-1.2 Licensing fees to operate as a milk dealer or store

(a) Persons licensed pursuant to N.J.S.A. 4:12A-33 shall, in compliance with all other provisions of N.J.S.A. 4:12A-36 pay a yearly license fee, as follows:

Stores selling 500 quart equivalents or less per week: $ 30.00;
Stores selling 501 to 1,500 quart equivalents per week: $ 60.00;

Stores selling 1,501 to 3,000 quart equivalents per week: $ 90.00;

Stores selling 3,001 quart equivalents or more per week: $ 120.00.

(b) Any person applying for a license to engage in business as a store at a new location shall pay a fee of $ 30.00 for the first year of operation, but any person acquiring an existing store shall pay a fee based upon the average volume of milk sold during the previous two months in accordance with the store fee schedule in (a) above.

(c) Every milk dealer shall pay a fee of $ 0.025 per hundredweight of milk sold for consumption within the State excluding dealer to dealer sales, but a milk dealer processing milk for sale to other dealers shall pay a minimum fee of $ 1,625 per year and a milk dealer selling to stores and consumers shall pay a minimum fee of $ 75.00 per year.

(d) A milk dealer engaged in handling milk in the State of New Jersey but selling milk only in another state or engaged only in manufacturing shall pay a license fee of $ 375.00 per year.

(e) These fees shall supersede the fees required by N.J.S.A. 4:12A-36.

History

Amended by 51 N.J.R. 135(a), effective 1/22/2019

Subchapter 2 DAIRY PENALTIES FOR VIOLATIONS

N.J. Admin. Code § 2:56-2.1 Penalties for unlicensed dealers who buy for shipment, sale, resale or manufacture

Any person who shall conduct the business of buying milk or cream pursuant to N.J.S.A. 4:12-2, without being licensed to do so, shall be liable to a penalty of $ 50.00 for the first offense and $ 100.00 for the second and each subsequent offense. In accordance with N.J.S.A. 4:12-19, each day's receipts of milk will constitute a separate violation, to be sued for and recovered in a civil action by and in the name of the Department. This penalty amount will supersede the penalty amounts set forth by N.J.S.A. 4:12-19 as of July 21, 2003.

N.J. Admin. Code § 2:56-2.2 Penalties for violation of Act (N.J.S.A. 4:12A-1 et seq.)

(a) Any person who shall violate any of the provisions of N.J.S.A. 4:12A-1 et seq. or the orders, rules and regulation of the Director as adopted from time to time shall, pursuant to N.J.S.A. 4:12A-39, be deemed guilty of a violation and shall pay a penalty of not more than $ 100.00 for the first offense and not more than $ 400.00 for the second, or each subsequent, offense. These penalty amounts supersede the penalty amounts set forth by N.J.S.A. 4:12A-39 as of July 21, 2003.

(b) A distributor who shall be in violation of N.J.S.A. 4:12A-57 shall be liable to a penalty of $ 2,000. This penalty amount shall supersede the penalty amount set forth by N.J.S.A. 4:12A-57 as of July 21, 2003.

(c) Any person in violation of N.J.S.A. 4:12A-63 et seq., the Milk Case Recovery Act, shall be subject to a fine of up to $ 200.00 for the illegal possession of up to nine milk cases and not less than $ 200.00 nor more than $ 1,000 or imprisonment for up to 30 days, or both, for the illegal possession of any greater number of milk cases. These penalty amounts shall supersede the penalty amounts set forth in N.J.S.A. 4:12A-69 as of July 21, 2003.

Chapter 68 COMMERCIAL FEEDING STUFFS

Subchapter 1 ASSOCIATION STANDARDS

N.J. Admin. Code § 2:68-1.1 General rules and regulations

(a) The Department of Agriculture adopts and incorporates by reference the general rules and regulations set forth in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.

Definitions and Terms.
Label Format.
Label information.
Expression of Guarantees.
Substantiation of Nutritional Suitability.

Ingredients.

Directions for Use and Precautionary Statements.

Non-Protein Nitrogen.

Drug and Feed Additives.

Adulterants.

Good Manufacturing Practices.
Certain Mammalian Proteins Prohibited in Ruminant Feed.

History

Amended by 48 N.J.R. 2241(a), effective 11/7/2016

N.J. Admin. Code § 2:68-1.2 Uniform interpretation and policy

The Department of Agriculture adopts and incorporates by reference the uniform interpretation and policy as set forth in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.

History

Amended by 48 N.J.R. 2241(a), effective 11/7/2016

N.J. Admin. Code § 2:68-1.3 Glossary; official feed terms

The Department of Agriculture adopts and incorporates by reference the glossary of official feed terms as set forth in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.

History

Amended by 48 N.J.R. 2241(a), effective 11/7/2016

N.J. Admin. Code § 2:68-1.4 Medicated feeds

The Department of Agriculture adopts and incorporates by reference the standards for medicated feeds as set forth in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.

History

Amended by 48 N.J.R. 2241(a), effective 11/7/2016

N.J. Admin. Code § 2:68-1.5 Definitions of feed ingredients

The Department of Agriculture adopts and incorporates by reference the definitions of feed ingredients are as set forth in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.

History

Amended by 48 N.J.R. 2241(a), effective 11/7/2016

N.J. Admin. Code § 2:68-1.6 Sampling and analysis

Sampling and analysis shall be conducted in accordance with methods published in the 21st edition (2019) of the official methods of analysis of the Association of Official Analytical Chemists, which is incorporated herein by reference, as amended and supplemented, or in accordance with other recognized official methods.

History

Amended by 48 N.J.R. 2241(a), effective 11/7/2016

N.J. Admin. Code § 2:68-1.7 Other rules and regulations

In addition to the definitions of feed ingredients and feed terms previously adopted, the Department of Agriculture adopts and incorporates by reference the official pet food regulations, the statement of uniform interpretation and policy, and lists of new animal drugs, certifiable antibiotics, and warning statements associated therewith, the permitted analytical variations and the pet food protocols and affidavits as contained in the 2023 edition of the Official Publication of the Association of American Feed Control Officials, Inc., as amended and supplemented.

History

Amended by 48 N.J.R. 2241(a), effective 11/7/2016

N.J. Admin. Code § 2:68-1.8 Obtaining copies of rules incorporated by reference

(a) A copy of the Official Publication of the American Feed Control Officials is on file in the Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, 200 Riverview Plaza, Trenton, New Jersey 08625. Copies may be procured by writing to AAFCO, 1800 South Oak Street, Suite 100, Champaign, IL 61820, or by ordering online at www.aafco.org.

(b) A copy of the official methods of the Association of Official Analytical Chemists (AOAC) is on file in the State Chemists Office, NJPHEAL, 3 Schwarzkopf Drive, Ewing, New Jersey 08628. Copies may be procured by contacting AOAC at (800) 379-2622, or by ordering online at www.aoac.org.

History

Amended by 48 N.J.R. 2241(a), effective 11/7/2016

Chapter 69 COMMERCIAL FERTILIZERS AND SOIL CONDITIONERS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 2:69-1.1 Plant nutrients in addition to nitrogen, available phosphoric acid and potassium

(a) Plant nutrients, beside nitrogen, phosphorus and potassium, when mentioned in any form or manner shall be registered and shall be guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed shall be shown on the application for a license. The minimum percentages which will be accepted for licensing are as follows:

| Element | Percent | | --- | --- | | Calcium (Ca) | 1.00 | | Magnesium (Mg) | 0.50 | | Sulphur (S) | 1.00 | | Boron (B) | 0.02 | | Chlorine (Cl) | 0.10 | | Cobalt (Co) | 0.0005 | | Copper (Cu) | 0.05 | | Iron (Fe) | 0.10 | | Manganese (Mn) | 0.05 | | Molybdenum (Mo) | 0.0005 | | Sodium (Na) | 0.10 | | Zinc (Zn) | 0.05 |

(b) Guarantees or claims for the above listed nutrients are the only ones which will be accepted. Proposed labels and directions for use of the fertilizer shall be furnished with the application for the license upon request. Warning or caution statements are required for registration on the label for any product which contains 0.03 percent or more of boron in a water-soluble form or 0.001 percent or more of molybdenum. Any of the above listed elements which are guaranteed shall appear in the order listed, immediately following guarantees for the primary nutrients, nitrogen, phosphorus, and potassium.

N.J. Admin. Code § 2:69-1.2 Investigational allowances for primary nutrients

(a) A commercial fertilizer shall be deemed to be deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the values in the following schedule, or if the overall Index Value of the fertilizer is below 98 percent. When the deviation from the guarantee is not in excess of the amounts shown, the fertilizer shall be considered as substantially meeting its guarantee. If the deviation is greater than the value shown, but less than twice the value shown, a warning shall be issued. If the deviation exceeds twice the value shown, the fertilizer shall be considered seriously deficient and subject to a penalty. When the Index Value falls between 98 percent and 95 percent a warning shall be issued. If the Index Value falls below 95 percent, the fertilizer shall be considered seriously deficient and subject to a penalty.

| Guarantee percent | Nitrogen percent | Available Phosphoric Acid | Potash | | --- | --- | --- | --- | | percent | percent | | | | 4 or less | 0.49 | 0.67 | 0.41 | | 5 | 0.51 | 0.67 | 0.43 | | 6 | 0.52 | 0.67 | 0.47 | | 7 | 0.54 | 0.68 | 0.53 | | 8 | 0.55 | 0.68 | 0.60 | | 9 | 0.57 | 0.68 | 0.65 | | 10 | 0.58 | 0.69 | 0.70 | | 12 | 0.61 | 0.69 | 0.79 | | 14 | 0.63 | 0.70 | 0.87 | | 16 | 0.67 | 0.70 | 0.94 | | 18 | 0.70 | 0.71 | 1.01 | | 20 | 0.73 | 0.72 | 1.08 | | 22 | 0.75 | 0.72 | 1.15 | | 24 | 0.78 | 0.73 | 1.21 | | 26 | 0.81 | 0.73 | 1.27 | | 28 | 0.83 | 0.74 | 1.33 | | 30 | 0.86 | 0.75 | 1.39 | | 32 or more | 0.88 | 0.76 | 1.44 |

For guarantees not listed, calculate the appropriate value by interpolation.

For these investigational allowances to be applicable, the recommended Association of Official Analytical Chemists' procedures for obtaining samples, sample preparation and analysis must be used.

(b) For WIN (Water Insoluble Nitrogen), deviations of ten per cent and 20 per cent respectively shall be used to determine whether a warning or penalty is appropriate.

| Example: | | | | | --- | --- | --- | --- | | 3% WIN | | | | | Pass | 3.0 | - | 2.7 | | Warn | 2.69 | - | 2.4 | | Penalty below | 2.4 | | |

N.J. Admin. Code § 2:69-1.3 Investigational allowances for secondary and micro nutrients

Secondary (Calcium, Magnesium and Sulfur) and micro nutrients shall be deemed deficient if any element is below the guarantee by an amount exceeding the values in the following schedule. If the deviation is greater than the value shown, but less than twice the value shown, a warning shall be issued. If the deviation exceeds twice the value shown, the fertilizer shall be considered seriously deficient and subject to a penalty.

| ELEMENT | ALLOWABLE DEFICIENCY | | --- | --- | | Calcium | | | Magnesium | 0.2 unit plus + 5% of guarantee | | Sulfur | | | Boron | 0.003 unit plus 15% of guarantee | | Cobalt | | | Molybdenum | 0.0001 unit plus 30% of guarantee | | Chlorine | | | Copper | | | Iron | 0.005 unit plus 10% of guarantee | | Manganese | | | Sodium | | | Zinc | |

The maximum allowance when calculated in accordance to above shall be one unit (one per cent).

N.J. Admin. Code § 2:69-1.4 Labeling and distribution of soil conditioners

(a) Any soil conditioner offered for sale or sold or distributed in this State, in bags, barrels or other containers shall have placed on, or affixed to the container, the following data in the following order:

Net Weight or Volume.

The words: "A Soil Conditioner".
Brand Name (which shall not be misleading).

Ingredient list using the common or usual English name of each component in the soil conditioner product at the time of blending or mixing. The type size of which shall be no smaller then eight point bold face capital letters.

Name and address of the licensee.
All data shall be printed in type that is plainly legible either directly on the package or on tags affixed to the end of the package. When a tag is used all information required by this Section shall appear on the tag.

(b) The statement "A Soil Conditioner" shall be printed in easily legible type which is in contrast by typography, layout or color with other printed matter on the label and which is of a size equal to or larger than the largest printing on the container, or tag, as the case may be.

(c) All labels or facsimiles thereof shall be submitted to the State Chemist for approval by July 1 of each year. Disapproval shall be made in writing to the licensee submitting the label. In the case of disapproval, the reasons therefore shall be clearly stated. The State Chemist shall approve all labels which comply with this regulation.

(d) If transported in bulk, the data in written form, as required by subsection (a) of this Section above shall accompany delivery and be supplied with each and every delivery.

N.J. Admin. Code § 2:69-1.5 Specialty fertilizer labels

The following information, if not appearing on the face or display side in a readable and conspicuous form, shall occupy at least the upper third of a side of the container and shall be considered the label.

| Net Weight | | | --- | --- | | Brand Name | | | Grade | | | Guaranteed Analysis; | | | Total Nitrogen (N) | % | | % Ammoniacal Nitrogen** | | | % Nitrate Nitrogen** | | | % Water Insoluble Nitrogen* | | | Available Phosphoric Acid | % | | (P[2]O[5]) | | | Soluble Potash (K[2]O) | % | | Additional Plant Nutrients as prescribed by regulation.** | | | Potential Acidity or Basicity | % or ... lbs. | | Calcium Carbonate Equivalent per ton. | | | Name and Address of the licensee. | | | Notes: | | | *If claimed or the statement "organic" or "slow acting nitrogen" is used on | | | the label. | | | **If Claimed. | |

N.J. Admin. Code § 2:69-1.6 Slowly available plant nutrients

(a) No fertilizer label shall bear a statement that connotes or infers the presence of a slowly available plant nutrient, unless the nutrient or nutrients are identified.

(b) When a fertilizer label infers or connotes that the nitrogen is slowly available through use of organic, organic nitrogen ureaform, long lasting or similar terms, the guaranteed analysis must indicate the percentage of water insoluble nitrogen in the material.

(c) To supplement (b) above, it should be established that if a label states the amount of organic nitrogen present in a phrase, such as "25 percent of the nitrogen from ureaformaldehyde (ureaform)," then the water insoluble nitrogen guarantee must be not less than 60 percent of the nitrogen so designated.

Example:

10-6-4 Rose Food

25% of nitrogen is organic

10 (Total N) X .25 (% N claimed as organic) X .60 (Average insolubility in H[2]O of organic nitrogen sources) = 1.5% WIN

(d) When the water insoluble nitrogen is less than 15 percent of the total nitrogen, the label shall bear no references to any designations, such as stated in (b) above.

(e) The term "Coated-Slow Release Fertilizer," or "Coated-Slow Release" be accepted as descriptive of products.

(f) Further, the phrases in (e) above may be allowed for any products than can show a testing program substantiating of the claim. (Testing under guidance of Experiment Station personnel, or a recognized reputable researcher, etc.) Coated-slow release nitrogen must be guaranteed at the 15 percent of total nitrogen level as in organic materials.

(g) The types of slowly released nitrogen products recognized are:

Water insoluble, such as natural organics, ureaformaldehyde, oxamide, and insobutylidene diurea (IBDU);
Coated-slow release formulations, such as sulfur coated urea and other encapsulated soluble fertilizers; and
Occluded slowly released where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles.

(h) The term "water insoluble nitrogen" is acceptable only when material in (g)1 above is used. Until more appropriate methods are developed, AOAC International Method 970.04 (18th Edition) is to be used to test coated-slow release and occluded slow release nutrients in (g)2 and 3 above. AOAC International Method 945.01 (18th Edition) is to be used to test coated-slow release and occluded slow release nutrients in (g)2 and 3 above. AOAC International Method 945.01 (18th Edition) shall be used to determine the water insoluble nitrogen in (g)1 above.

History

Amended by 49 N.J.R. 329(a), effective 2/21/2017

N.J. Admin. Code § 2:69-1.7 General methodology for sampling and laboratory analyses

(a) The Department of Agriculture adopts as a rule and incorporates herein by reference the general methods for sampling and laboratory analyses set forth in the 17th (2000) edition of the Official Publication of the Association of Analytical Chemists, Inc., as amended and supplemented.

(b) A copy of the 18th (2015) edition of the Official Methods of Analysis of AOAC (Association of Official Analytical Chemists), International is on file in the State Chemists Office, New Jersey Public Health, Environmental, and Agricultural Laboratories (NJPHEAL), 3 Schwarzkopf Drive, Ewing, New Jersey 08628. Copies can be procured by contacting AOAC Customer Service at (301) 924-7077 Ext. 170, or by ordering on-line at http://www.aoac.org.

History

Amended by 49 N.J.R. 329(a), effective 2/21/2017

N.J. Admin. Code § 2:69-1.8 General rules regarding fertilizers

(a) The Department of Agriculture adopts as a rule and herein incorporates by reference each annual edition, in turn, of the Official Publication of the Association of American Plant Food Control Officials, Inc.

(b) A copy of the 2016 edition of the Official Publication of the American Plant Food Control Officials is on file in the State Chemists Office, NJPHEAL, 3 Schwarzkopf Drive, Ewing, New Jersey 08628. Copies may be procured by writing to Jamey Johnson, No. 1 Natural Resources Dr., Little Rock, AR 72205 or by ordering on-line at http://aapfco.org.

History

Amended by 49 N.J.R. 329(a), effective 2/21/2017

N.J. Admin. Code § 2:69-1.9 Net contents

In lieu of net weight, fluid measure may be used for specialty fertilizers in liquid form when the containers are of one gallon or less.

N.J. Admin. Code § 2:69-1.10 Penalties

When an official analysis shows that a commercial fertilizer or soil conditioner is deficient in one or more of its guaranteed secondary or micro nutrients beyond the investigational allowance as established by N.J.A.C. 2:69-1.3, a penalty of $ 20.00 shall be assessed by the State Chemist against the licensee plus $ 5.00 per ton or fraction thereof. All penalties assessed under this regulation shall be pro-rated to the purchaser(s), or to a consumer(s) who thereafter received possession of a lot represented by the sample analyzed, within 60 days after the date of notice from the State Chemist to the licensee. Receipts shall be obtained and forwarded promptly to the State Chemist by the licensee. If the purchaser(s) or consumer(s) cannot be found, the amount of the penalty shall be paid to the State Treasurer.

History

Amended by R.1993 d.688, effective 12/20/1993.
See: 25 New Jersey Register 4544(a), 25 New Jersey Register 5917(a).

N.J. Admin. Code § 2:69-1.11 Commercial values

(a) The State Board of Agriculture, pursuant to N.J.S.A. 4:9-15.26, annually determines the commercial values of primary plant nutrients. The commercial values are determined by first conducting a survey within New Jersey and obtaining regional values through a survey of Pennsylvania, Delaware, and Maryland. These values are then assessed by the State Chemist and evaluated in accordance with recognized mathematical principles. The values recommended to the State Board by the State Chemist are to be reported at the open public meeting of the State Board. The State Board will consider the recommendation of the State Chemist and determine the commercial values to be in effect for that year at a subsequent open public meeting of the State Board.

(b) Public comments on the recommendation from the State Chemist may be submitted to the State Board in written or oral form. Oral comments shall be submitted at the open public meeting when the recommendation from the State Chemist is reported. Written comments shall be submitted at least 10 days prior to the next scheduled open public meeting of the State Board and sent to: agchem@ag.state.nj.us. The Board shall respond to all public comment through inclusion of comment and response in the minutes of the open public meeting at which the State Board determines the commercial values to be in effect for that year. These values shall be posted at http://www.nj.gov/agriculture/, pursuant to this subsection. These commercial values are provided each year per unit for the following:

Nitrogen;

Slowly released nitrogen:

i. Water insoluble nitrogen;

ii. Coated available nitrogen;

Available phosphoric acid;
Soluble potash.

(c) Values approved under this section shall be valid from July 1 (or when approved, whichever is later) through June 30.

History

Amended by 49 N.J.R. 329(a), effective 2/21/2017

N.J. Admin. Code § 2:69-1.12 Manufacturing code

Packages of fertilizers or soil conditioners that qualify the signature by bearing the words "made for", "distributed by", "produced for", "packed for" or similar words or phrases, so as to indicate the name and address of a person other than that of the actual manufacturer, shall also bear, immediately following the guaranteed analysis, a manufacturer's code, assigned by the state chemist, which identifies the facility where the product was manufactured in the following manner and form: Mfg. Code 00-0-0000.

N.J. Admin. Code § 2:69-1.13 Maximum permitted chlorine in certain fertilizers

(a) When fertilizers claim or imply that potash is present in the form other than chloride, the percentage of chlorine present shall not exceed that obtained by the following calculation:

Multiply the percentage of potash found to be present by the factor 0.05 and to this product add an allowance of 0.5 percent.

Example: 12-4-8 (LC) for potatoes

Percentage of potash found present: 8.42%

8.42% 0.05 = 0.4210%

Allowance: + 0.5000% = 0.9210% maximum permitted

History

Amended by R.1971 d.44, effective 3/26/1971.
See: 3 N.J.R. 36(a), 3 N.J.R. 55(b).

Chapter 70 AGRICULTURAL LIMING MATERIALS

Subchapter 1 PHYSICAL CLASSIFICATION (FINENESS)

N.J. Admin. Code § 2:70-1.1 Limestone classified "pulverized"

Limestone shall be classified as "pulverized" when at least 98 percent passes through a number 20 sieve, 70 percent through a number 60 sieve and 55 percent through a number 100 sieve.

History

As amended, R.1980 d.239, eff. 6/2/1980.
See: 12 New Jersey Register 248(a), 12 New Jersey Register 378(b).

N.J. Admin. Code § 2:70-1.2 Limestone labeled "ground"

Limestone shall be labeled as "ground" when it fails to meet the standards set forth in N.J.A.C. 2:70-1.1, but when at least 98 percent passes through a number 20 sieve, 60 percent through a number 60 sieve and 40 percent through a number 100 sieve.

N.J. Admin. Code § 2:70-1.3 Limestone labeled "granular"

Limestone shall be labeled as "granular" when it fails to meet either of the standards set forth in N.J.A.C. 2:70-1.1 and 1.2, but when at least 98 percent passes through a number 20 sieve, 55 percent through a number 60 sieve and 30 percent through a number 100 sieve.

N.J. Admin. Code § 2:70-1.4 Limestone failing to meet standards

Materials failing to meet any of the standards set forth in N.J.A.C. 2:70-1.1, 1.2 and 1.3 may not be sold as agricultural limestone.

N.J. Admin. Code § 2:70-1.5 Burnt limes

All burnt limes shall be of such fineness that 75 percent will pass through a number 20 sieve, 50 percent through a number 60 sieve and 30 percent through a number 100 sieve.

N.J. Admin. Code § 2:70-1.6 Hydrated limes

All hydrated limes shall be of such fineness that 98 percent will pass through a number 20 sieve, 95 percent through a number 60 sieve and 80 percent through a number 100 sieve.

N.J. Admin. Code § 2:70-1.7 Inspection fee

(a) In assessing the inspection fee for any licensee pursuant to N.J.S.A. 4:9-21.8, the department shall collect payment only from the producer for any liming material sold for use in New Jersey.

(b) Producers of any liming material who pay the inspection fee should advise purchasers and inform the Department of Agriculture to avoid double assessment.

History

R.1976 d.206, eff. 7/1/1976.
See: 8 New Jersey Register 267(b), 8 New Jersey Register 369(c).

N.J. Admin. Code § 2:70-1.8 Slurries and suspensions

Agricultural liming materials when offered for sale in slurry or suspension form shall be derived from agricultural liming materials whose composition meets the requirements of the act and must be additionally labeled so as to disclose the composition (calcium oxide and magnesium oxide) of the slurry. The minimum total oxide content of the slurry that may be offered for sale is 15 percent total oxides.

History

R.1978 d.81, eff. 3/6/1978.
See: 10 New Jersey Register 54(a), 10 New Jersey Register 135(a).
As amended, R.1980 d.239, eff. 6/2/1980.
See: 12 New Jersey Register 248(a), 12 New Jersey Register 378(b).

Chapter 71 GRADES AND STANDARDS

Subchapter 1 NEW JERSEY STANDARDS FOR QUALITY OF INDIVIDUAL SHELL EGGS

N.J. Admin. Code §§ 2:71-1.1 through 2:71-1.22 Reserved

History

Repealed by R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

N.J. Admin. Code § 2:71-1.23 Marketing of shell eggs

(a) Any eggs which are marketed to consumers, institutional consumers or retailers shall be edible and shall conform to the standards for consumer grades AA, A or B as published in the Federal Register volume 20, number 22, February 1, 1955, part 56 subpart C, known as the Code of Federal Regulations Governing the Grading of Shell Eggs and United States Standards Grades and Weight Classes for Shell Eggs, ( 7 CFR part 56, subpart C) effective July 1, 1971, and any further changes in these Federal rules and regulations, after proper promulgation shall be deemed the rules and regulations of the New Jersey State Board of Agriculture:

Exception: restricted eggs may be marketed in accordance with the exemption provisions in the Federal Egg Products Inspection Act ( Public Law 91-597) and the USDA Regulation Governing the Inspection of Eggs and Egg Products ( 7 CFR Part 59), and any further changes in these Federal rules and regulations, after proper promulgation shall be deemed to be the rules and regulations of the New Jersey State Board of Agriculture.

History

As amended, R.1975 d.358, eff. 1/1/1976.
See: 7 New Jersey Register 398(a), 8 New Jersey Register 3(a).

N.J. Admin. Code §§ 2:71-1.24 through 2:71-1.29 Reserved

History

Repealed by R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

N.J. Admin. Code § 2:71-1.30 Certificates of grade

(a) For the inspection or classification of shell eggs or poultry and the issuance of a certificate of the grade or other classification of such product, the fees and charges for the services of department personnel shall be the same as the current fee schedule of the Agricultural Marketing Service of USDA, as amended, 7 CFR parts 55, 56, 59 and 60.

History

As amended, R.1970 d.119, eff. 10/1/1970.
See: 2 New Jersey Register 69(c), 2 New Jersey Register 89(a).
As amended, R.1977 d.339, eff. 9/7/1977.
See: 9 New Jersey Register 354(b), 9 New Jersey Register 451(b).
As amended, R.1978 d.115, eff. 3/30/1978.
See: 10 New Jersey Register 90(a), 10 New Jersey Register 182(c).
As amended, R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

N.J. Admin. Code § 2:71-1.31 Name and address on containers

(a) The name and address of the packer or distributor shall be considered prominently designated on a container of eggs when in bold-faced type not less than 1/16 inch in height.

In consumer graded eggs this designation shall be preceded by the words "Produced and Packed by", "Packed and Distributed by", "Packed for and Distributed by", or "Distributed by", whichever is the correct expression of fact.
The street address of the packer or distributor need not be shown provided the name is listed in a current public directory.

(b) For the purposes of this section, "consumer graded eggs" are defined to mean eggs offered for sale to consumers at the retail level.

History

As amended, R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

N.J. Admin. Code § 2:71-1.32 Sealing containers

All containers of loose eggs, produced in New Jersey whether graded or ungraded destined for New Jersey identified pack, shall be sealed with gummed tape at least 2 1/2 inches wide in a manner marked with the name and address of the New Jersey producer partly on the tape and partly on the container. Only those eggs in containers thus taped and marked may be used for packing into New Jersey identified cartons.

History

As amended, R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

N.J. Admin. Code § 2:71-1.33 Registering sample of label or container

A sample of any label or container on which appears the name "New Jersey" or "Jersey" or the name of any county or municipality within this State, except as it appears in the name and address of the packer or distributor, shall be registered with the department.

N.J. Admin. Code § 2:71-1.34 Reserved

History

Repealed by R.1975 d.358, eff. 1/1/1976.
See: 7 New Jersey Register 398(a), 8 New Jersey Register 3(a).

N.J. Admin. Code § 2:71-1.35 Reused container

A container is deemed reused when any person refills the container with eggs, and it shall be the responsibility of such person to have markings on the container which are unmistakably those of the packer.

N.J. Admin. Code § 2:71-1.36 Reserved

History

Repealed by R.1975 d.358, eff. 1/1/1976.
See: 7 New Jersey Register 398(a), 8 New Jersey Register 3(a).

N.J. Admin. Code § 2:71-1.37 Sanitary conditions

(a) Any compound used for cleaning eggs shall be one that is approved by the United States Department of Agriculture for that purpose and shall be used in accordance with the manufacturer's instructions.

(b) Egg holding rooms, including sales display cases, shall be kept free of the following:

An accumulation of dust, litter, broken eggs;
Other matter that may create offensive odors or harbor bacteria or molds detrimental to the quality or flavor of eggs.

(c) Equipment used in cleaning, weighing and candling eggs shall be maintained free of dust and broken egg matter and, by use of an acceptable cleaning compound or other method, be cleaned daily to prevent the development of bacteria and molds.

(d) Vehicles used for transporting eggs shall be clean and free of dust, odors or other material detrimental to the quality or flavor of eggs.

N.J. Admin. Code § 2:71-1.38 Labeling of eggs

(a) No package, carton, case, container or advertisement shall be labeled so as to include the words "New Jersey", "Jersey", the name of any county, municipality or geographic area within the State, in whole or in part, or any word or words that imply the same except as it appears in the name or address of the packer or distributor unless the eggs contained therein were produced in New Jersey or the declared geographic area thereof.

(b) The name and address of the packer or distributor shall be in bold-face type not less than 1/8 inch nor more than 9/32 inch in height, all in the same size, style and color of type.

History

R.1973 d.275, eff. 4/1/1974.
See: 5 New Jersey Register 255(b), 5 New Jersey Register 328(a).

N.J. Admin. Code § 2:71-1.39 Use of the New Jersey map symbol on egg packages and in advertising

(a) "Map symbol" as used in this regulation shall mean any reasonable reproduction of the geographic outline of the State of New Jersey.

(b) The New Jersey Department of Agriculture has approved the use of the New Jersey map symbol under provisions of N.J.S.A. 4:10-5 as an official emblem for identifying New Jersey produced eggs.

(c) Only those persons, firms, partnerships, corporations or associations licensed to use the map symbol shall be permitted to attach or have it imprinted upon a panel of the container in which the eggs are to be marketed or to employ its use in advertising or in any manner whatsoever. Layout of proposed containers to be used for the marketing of map symbol eggs shall be submitted for approval by the Division of Marketing and Development, New Jersey Department of Agriculture, in advance of their manufacture and use.

(d) Any person, firm, partnership, corporation or association wishing to employ the map symbol to be used in marketing New Jersey produced eggs shall make application to the New Jersey Department of Agriculture for a license to do so. The application shall be made in writing, upon a form provided by the department for this purpose. The application shall reveal such information as is deemed necessary for enforcement of the map symbol program. Information given in the application shall be held confidential.

(e) All applications approved for issuance of license shall have the license granted for the period of one year commencing July 1. Licenses shall be renewed annually upon application filed with the Department 60 days prior to the date of July 1.

(f) All eggs to be packed in cartons or containers bearing the map symbol shall be those produced on New Jersey farms and packed within the State of New Jersey.

(g) All license holders or packers designated by them shall maintain accurate and up-to-date records of the names and addresses of the egg producers from whom they obtain eggs for purposes of packaging in containers bearing the map symbol. Accurate records of all eggs received and those eggs packaged in containers bearing the map symbol shall be maintained and available for examination at all reasonable hours of a normal workday by any representative of the New Jersey Department of Agriculture.

(h) In the event the licensee permits the distribution of map symbol eggs to be performed by persons other than himself, it shall be necessary that he file with the Department of Agriculture the names and addresses of those who perform such distribution.

(i) When a license holder discontinues use of the map symbol or fails to renew his license when required, he shall be prohibited from its use in any manner, to include stationery, forms, advertising on billboards or other signs or on trucks or car panels.

(j) Misuse of the map symbol shall subject the violator to the provisions of N.J.S.A. 4:3-11.23.

History

R.1973 d.356, effective 12/18/1973.
See: 5 New Jersey Register 362(a), 6 New Jersey Register 2(a).
Amended by R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
Amended by R.1979 d.229, effective 7/1/1979.
See: 11 New Jersey Register 222(b), 11 New Jersey Register 315(c).

N.J. Admin. Code § 2:71-1.40 Container defined

"Container" means a package of any description which is capable of being enclosed on all sides and in which eggs are transferred from person to person.

History

R.1975 d.358, effective 1/1/1976.
See: 7 New Jersey Register 398(a), 8 New Jersey Register 3(a).
Amended by R.1978 d.402, effective 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

Subchapter 2 AGRICULTURAL COMMODITIES

N.J. Admin. Code § 2:71-2.1 New Jersey grades of fruits and vegetables based on United States Standards

(a) The State Board of Agriculture adopts and promulgates as Official New Jersey Grades the United States Standards for all fruits and vegetables, specifically 7 CFR 51.300 through 51.3749 and 52.1391 through 52.1402; and 21 CFR 131.110 and 135.110, as amended and supplemented, incorporated herein by reference.

Exemption: The New Jersey Standards for vine ripened tomatoes shall be as set forth in N.J.A.C. 2:71-2.1 8.

History

Amended by R.2000 d.380, effective 9/18/2000.
See: 32 N.J.R. 2218(a), 32 N.J.R. 3391(a).
In (a), rewrote introductory paragraph.
Amended by R.2005 d.329, effective 10/3/2005.
See: 37 N.J.R. 2163(a), 37 N.J.R. 3809(c).
In (a), added 2.
Amended by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
In the introductory paragraph of (a), deleted "§ " preceding "51.300" and "§§ " preceding "131.110"; deleted former (a)1; and recodified former (a)2 as (a)1.

N.J. Admin. Code § 2:71-2.2 Use of "Jersey Fresh" as the logo for the "Jersey Fresh Quality Grading Program" and "Jersey Fresh Quality Premium Program" (referred to as the "logos")

(a) The New Jersey Department of Agriculture approves the use of Jersey Fresh and Premium Jersey Fresh in conjunction with the New Jersey map symbol under provisions of N.J.S.A. 4:10-5 as an official emblem for identifying New Jersey-produced agricultural commodities.

(b) The configuration of the Jersey Fresh Quality Grading Program Logos and the Jersey Fresh Quality Grading Program Premium Logo are as follows:

Click here to view

(c) Any person, firm, partnership, corporation or association wishing to employ the Jersey Fresh logo to be used in marketing certain New Jersey produced agricultural commodities shall make application to the New Jersey Department of Agriculture for a license and registration number. The application shall be made in writing, upon a form provided by the Department for this purpose. The application shall reveal such information as is deemed necessary for the enforcement of the Jersey Fresh Quality Grading or Premium logo program. Information given in the application shall be held confidential and not subject to review or reproduction under the provisions of N.J.S.A. 47:1A-1 et seq. (P.L. 1963, c.73).

(d) Any person, firm, partnership, corporation or cooperative wishing to transfer ownership of containers bearing a "logo" to licensed registrants shall make application to the New Jersey Department of Agriculture for a license. The application shall be made in writing, upon a form provided by the Department. Information given in the application shall be held confidential and not subject to review or reproduction under the provisions of N.J.S.A. 47:1A-1 et seq. (P.L. 1963, c.73).

(e) All applications approved for issuance of licenses and registration numbers shall have the license granted for the period of one year commencing April 1. Interim licenses and registration numbers may be granted to qualified packers for the remainder of the license year. Applications shall be submitted at least 20 days prior to application approval. The Department shall approve or deny applications within 20 days of receipt.

(f) Any person, firm, partnership, corporation, or cooperative marketing commodities in accordance to the grading standards at N.J.A.C. 2:71-2.5(d), must qualify the "logo" as "Made With". The words "Made With" shall appear directly above all "logos" in conspicuous and easily legible type in distinct contrast (by topography, layout, color, embossing, or molding) with other matter on the package and in a type size easily discernable by the consumer and must be approved by the Department before use.

History

New Rule R.1985 d.282, effective 6/3/1985.
See: 17 N.J.R. 765(b), 17 N.J.R. 1407(d).
Amended by R.1986 d.201, effective 6/2/1986.
See: 18 N.J.R. 588(b), 18 N.J.R. 1196(a).
Substantially amended.
Amended by R.1987 d.89, effective 2/2/1987.
See: 18 N.J.R. 2347(a), 19 N.J.R. 287(a), 19 N.J.R. 355(a).
New logo replaced logos in the Code. The old logos contained designations of "U.S. Extra No. 1 or Better" or "U.S. No. 1 or Better," pursuant to the U.S.D.A. requirements. Rest of section substantially amended.
Amended by R.1989 d.235, effective 4/6/1989.
See: 21 N.J.R. 591(a), 21 N.J.R. 1118(a).
Added language "Jersey Fresh Quality Premium Program" and added new logo for Premium Program. In (d) and (e) corrected form of P.L. 1963, c.73.
Amended by R.1990 d.354, effective 7/16/1990.
See: 22 N.J.R. 1296(a), 22 N.J.R. 2140(b).
(c) deleted, (d)-(e) recodified as (c)-(d) and new (e) added regarding issuance of licenses and registration numbers.
Amended by R.1992 d.374, effective 10/5/1992.
See: 24 N.J.R. 2318(b), 24 N.J.R. 3511(b).
Revised (a) and (b).
Amended by R.1994 d.485, effective 9/19/1994.
See: 26 N.J.R. 2831(a), 26 N.J.R. 3828(a).
Administrative correction, effective 6/5/2000.
See: 32 N.J.R. 2047(a).
Amended by R.2000 d.380, effective 9/18/2000.
See: 32 N.J.R. 2218(a), 32 N.J.R. 3391(a).
In (a), inserted "and Premium Jersey Fresh" preceding "in conjunction with".
Amended by R.2009 d.98, effective 4/6/2009.
See: 40 N.J.R. 6261(a), 41 N.J.R. 1392(a).
Section was "Use of 'Jersey Fresh' as the logo for the 'Jersey Fresh Quality Grading Program' and 'Jersey Fresh Quality Premium Program' (referred to as the 'logos') on containers of certain fresh fruits, vegetables, shell eggs, cut flowers, cactus, honey, milk (whole, one percent, two percent, skim, chocolate), ice cream and ice milk". Updated the logos in (b).
Amended by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Use of 'Jersey Fresh' as the logo for the 'Jersey Fresh Quality Grading Program' and 'Jersey Fresh Quality Premium Program' (referred to as the 'logos') on containers of certain fresh fruits, vegetables, shell eggs, cut flowers, cactus, honey, milk (whole, one percent, two percent, skim and chocolate), ice cream and ice milk". Added (f).

N.J. Admin. Code § 2:71-2.3 Fee and reporting requirements for Jersey Fresh Quality Grading Program participation

(a) A non-refundable fee of $ 30.00 shall accompany the application form and shall be made payable to the New Jersey Farm Products Publicity Fund.

(b) Licensees packing Jersey Fresh Quality Grading program commodities may mark with labels, rubber stamp or use imprinted containers to identify those commodities as being packed under the "logo" program. For required markings, see N.J.A.C. 2:71-2.5.

(c) A copy of each shipping invoice or a statement shall be supplied to the Department by the licensed person, firm, partnership, corporation or co-operative that transfers ownership of containers or stamps bearing the "logo" to the licensed registrant.

(d) Each licensed packer shall submit by December 31 of each license year a report, on forms supplied by the Department, indicating the number of containers packed by commodity under the Jersey Fresh Quality Grading Program. Failure to timely supply the above may be cause for denial or delay of licensing for the following licensing year.

(e) Producers shall send to the Division of Marketing and Development, by the 10th of each month, on a form provided by the New Jersey Department of Agriculture, the following information for the month prior: the total hundredweight of raw milk (converted to gallons) received from New Jersey dairy farms and the number of pints, quarts, half gallons and gallons bottled in containers bearing the "Jersey Fresh" logo, also converted to gallons. The information reported shall be considered confidential and used only to determine compliance with this chapter as to the use of New Jersey-produced milk.

(f) Producers shall send to the Division of Marketing and Development, by the 10th of each month, on a form provided by the New Jersey Department of Agriculture, the following information for the month just prior: the total hundredweight of New Jersey-produced milk used, the formulas used in the manufacture of products bearing the "Jersey Fresh" or "Premium Jersey Fresh" logo, and the total amount, in pounds, of the above products produced. The information reported shall be considered confidential and used only to determine compliance with this chapter as to the use of New Jersey-produced milk and ingredients.

(g) Wineries shall send to the Division of Marketing and Development, by the 30th of each January, the gallons of wine sold and ingredients used for all wine sold under the "Jersey Fresh" logo during the previous calendar year. This report will list the wine by varieties also converted to gallons. The information reported shall be considered confidential and used only to determine compliance with this chapter as to the use of New Jersey-produced wine and ingredients.

(h) Each grower licensed to market or sell commodities in accordance to the grading standards in N.J.A.C. 2:71-2.5(d) shall submit by December 31 of each license year a report, on forms supplied by the Department, indicating the pounds by commodity of product to be packed under the Jersey Fresh Quality Grading program and to whom each commodity was sold.

History

New Rule R.1985 d.282, effective 6/3/1985.
See: 17 N.J.R. 765(b), 17 N.J.R. 1407(d).
Amended by R.1986 d.201, effective 6/2/1986.
See: 18 N.J.R. 588(b), 18 N.J.R. 1196(c).
Substantially amended.
Amended by R.1987 d.89, effective 2/2/1987.
See: 18 N.J.R. 2347(a), 19 N.J.R. 287(a), 19 N.J.R. 355(a).
Subsection (c) substantially amended; (f) added.
Amended by R.1988 d.370, effective 8/1/1988.
See: 20 N.J.R. 953(a), 20 N.J.R. 1871(a).
Added new (d); renumbered old (d)-(f) to (e)-(g).
Amended by R.1990 d.354, effective 7/16/1990.
See: 22 N.J.R. 1296(a), 22 N.J.R. 2140(b).
(b)-(g) deleted, new (b)-(d) added regarding fees and reporting requirements, logo labels discontinued from Department.
Amended by R.2000 d.380, effective 9/18/2000.
See: 32 N.J.R. 2218(a), 32 N.J.R. 3391(a).
Added (e) and (f).
Amended by R.2004 d.422, effective 11/15/2004.
See: 36 N.J.R. 2319(a), 36 N.J.R. 5088(b).
In (a), inserted "non-refundable" preceding "fee" and deleted the second sentence; in (f), substituted "used" for "received from dairy processors" and "products" for "ice cream", inserted "or 'Premium Jersey Fresh' " preceding "logo".
Amended by R.2005 d.329, effective 10/3/2005.
See: 37 N.J.R. 2163(a), 37 N.J.R. 3809(c).
Added (g).
Amended by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
In (b), deleted "self-adhesive" preceding "labels" and "fiberboard" preceding "containers"; added (h).

N.J. Admin. Code § 2:71-2.4 Agricultural commodities intended to be marketed under the Jersey Fresh Quality Grading Program and Premium Program

(a) Only apples, alfalfa sprouts, asparagus, beets (bunched), beets (topped), beet greens, blueberries, bok choy, broccoli greens, broccoli rabe (rapini), bunched Italian sprouting broccoli, cabbage (domestic, savoy and red), cabbage (Chinese), cantaloupes, carrots (topped), carrots (bunched), cauliflower, celery root, collard greens, sweet corn, cranberries, cubanelle peppers, cubanelle peppers (red), cucumbers, cucumbers (cukes), cucumbers (pickling type), cucumbers (slicing type), dandelion greens, eggplants, endive, escarole, fennel (sweet anise), herbs (fresh), horseradish roots, kale, kohlrabi, leeks, bibb lettuce, big Boston lettuce, iceberg lettuce, lettuce (green leaf and red leaf, lolla rosa and red oak leaf), romaine lettuce, radicchio lettuce, mustard greens, nectarines, okra, common green onions, parsley, parsnips, peaches, fresh peas, cheese peppers, hot peppers (green or red), sweet peppers (green and red, bell type), sweet peppers (yellow, bell type), sweet potatoes, white potatoes, pumpkins, radishes (bunched), raspberries, rhubarb, rutabagas, salad mixes, shallots (topped), snap beans, spinach (bunched), spinach plants, strawberries, summer squash (yellow or green), fall and winter squash (butternut, acorn and spaghetti), Swiss chard, tomatoes (fresh market), cherry tomatoes, plum tomatoes, grape tomatoes, turnips (bunched), turnip (topped), turnip greens, watermelons (sugar baby), shell eggs, cut flowers, cactus, and honey may be identified by the logo.

(b) A New Jersey producer of raw milk or an organization of New Jersey producers of raw milk is permitted to make application to the New Jersey Department of Agriculture for a license and registration number to employ the use of the Jersey Fresh logo to market "Jersey Fresh Milk," "Jersey Fresh Flavored Milk," "Made with Jersey Fresh Milk" and "Made with Premium Jersey Fresh Milk" from raw milk produced in New Jersey.

Milk marketed under the "Jersey Fresh" logo may not be co-mingled with fluid milk produced outside the State of New Jersey.

(c) Raw milk used to process "Jersey Fresh Milk," "Jersey Fresh Flavored Milk" and "Made with Jersey Fresh Milk" displaying the Jersey Fresh logo shall meet all grade A requirements set forth at N.J.A.C. 8:21-10 and the United States Food and Drug Administration at 21 C.F.R. § 131.110, as amended and supplemented, incorporated herein by reference.

(d) Raw milk used to process products "Made with Premium Jersey Fresh Milk" shall meet the standards set forth at (c) above, as well as a somatic cell count not exceeding 150,000 somatic cells per milliliter.

(e) Ice cream marketed using the "Made with Jersey Fresh Milk" logo shall meet all requirements set forth at N.J.A.C. 8:21-7 and the United States Food and Drug Administration at 21 C.F.R. § 135.110, as amended and supplemented, incorporated herein by reference. In addition, these products shall be produced using only raw or pasteurized milk and milk products obtained from New Jersey dairy farms. All other agricultural ingredients subject to this chapter used in the production of these products shall be produced in New Jersey, contingent only upon seasonal availability.

(f) A New Jersey winery is permitted to make application to the New Jersey Department of Agriculture for a license and registration number to employ the use of the "Jersey Fresh" logo to market wine produced in New Jersey.

All wine using the "Jersey Fresh" logo on its packaging shall only be produced from grapes, fruit, and other agricultural products that were grown in New Jersey. Wine marketed under the "Jersey Fresh" logo shall not be commingled with grapes, fruit or other agricultural products grown or produced outside the State of New Jersey.
The Department hereby adopts and incorporates by reference as amended and supplemented the Davis 20-point scale (1995), which forms the basis for the Garden State Wine Growers Association, Quality Wine Alliance (QWA) Program.
A copy of the Davis 20-point scale and Quality Wine Alliance Program guidelines are available by contacting Executive Director of the Garden State Winegrowers Association. The phone number is: (609) 890-8188. A copy is also available in the Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, PO Box 330, Trenton, NJ 08625-0330.
All wine bearing the "Jersey Fresh" logo must score a minimum of 13 (out of 20) points on the QWA. This designates the wine as free from flaws.

(g) All commodities, other than peaches and those set forth in (b) through (f) above, may be identified by the premium "logo" if graded and packed in accordance with the requirements in N.J.A.C. 2:71-2.5, with the exception that the applicable tolerances will be two percent less than the total tolerance stated in the United States Standards (identified at N.J.A.C. 2:71-2.1) or this chapter for the commodities in the premium program.

For peaches to be marketed as "premium," they must meet the requirements of the United States Department of Agriculture's (USDA's) US Fancy Grade; be grown and packed in accordance with the United States Department of Agriculture's Good Agricultural Practices/Good Handling Practices Program, which includes the Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables (October 1998) along with 2005 Audit Matrix and Score Sheets to determine compliance, hereby adopted and incorporated by reference as amended and supplemented; and be packed and shipped within seven days of harvest.
A copy of the U.S. Food and Drug Administration's Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables (October 1998) may be found at . A copy of USDA's Good Agricultural Practices/Good Handling Practices Program, including the 2005 Audit Matrix and the Score Sheets may be obtained at http://www.ams.usda.gov/fv/fpbgapghp.htm. A copy of this information is also on file in the Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, PO Box 330, Trenton, NJ 08625-0330.

(h) All agricultural commodities marketed under the "logo" program shall be produced in New Jersey, and packed at a site approved by the Department.

History

New Rule R.1985 d.282, effective 6/3/1985.
See: 17 N.J.R. 765(b), 17 N.J.R. 1407(d).
Amended by R.1986 d.201, effective 6/2/1986.
See: 18 N.J.R. 588(b), 18 N.J.R. 1196(c).
Substantially amended.
Amended by R.1987 d.89, effective 2/2/1987.
See: 18 N.J.R. 2347(a), 19 N.J.R. 287(a), 19 N.J.R. 355(a).
Added "peaches" and deleted "Jersey Fresh" from the logo program.
Amended by R.1987 d.442, effective 11/2/1987.
See: 19 N.J.R. 1593(c), 19 N.J.R. 1987(a).
Added raspberries.
Amended by R.1988 d.97, effective 3/7/1988.
See: 19 N.J.R. 2327(a), 20 N.J.R. 525(a).
Added sweet anise (fennel), apples, asparagus, cucumbers (pickling type), endive, escarole, nectarines, okra, parsley and romaine to be identified by logo.
Amended by R.1988 d.421, effective 9/6/1988.
See: 20 N.J.R. 1129(b), 20 N.J.R. 2254(a).
Added "herbs (fresh), leeks, big Boston lettuce".
Amended by R.1989 d.234, effective 4/6/1989.
See: 21 N.J.R. 227(a), 21 N.J.R. 1118(b).
(a): Added a number of fruits and vegetables to be included under the Jersey Fresh Quality Grading Program.
Amended by R.1989 d.235, effective 4/6/1989.
See: 21 N.J.R. 591(a), 21 N.J.R. 1118(a).
Added "Premium Program" to section heading.
(a): Added language specifying products to be packed under Quality Grading Program and added new (b) describing products eligible for the Premium Program logo. Old (b) recodified as (c).
Amended by R.1990 d.354, effective 7/16/1990.
See: 22 N.J.R. 1296(a), 22 N.J.R. 2140(b).
Added domestic, savoy and red cabbage; dandelion greens, kohlrabi, hot peppers (green or red), snap beans, spinach plants, yellow or green summer squash and butternut, acorn and spaghetti squash.
Amended by R.1992 d.374, effective 10/5/1992.
See: 24 N.J.R. 2318(b), 24 N.J.R. 3511(b).
Revised (a). Amended by R.1994 d.485, effective 9/19/1994.
See: 26 N.J.R. 2831(a), 26 N.J.R. 3828(a). Amended by R.2000 d.380, effective 9/18/2000.
See: 32 N.J.R. 2218(a), 32 N.J.R. 3391(a). Rewrote (a) and (b).
Amended by R.2003 d.434, effective 11/3/2003.
See: 35 N.J.R. 2974(a), 35 N.J.R. 5060(a).
In (a), inserted "carrots (topped), carrots (bunched)," following "cantaloupes,", inserted "cranberries," following "sweet corn,", inserted "turnips (bunched)," following "grape tomatoes," and deleted "ice milk" following "ice cream"; rewrote (c).
Amended by R.2004 d.422, effective 11/15/2004.
See: 36 N.J.R. 2319(a), 36 N.J.R. 5088(b).
In (a), deleted "milk (whole, one percent, two percent, skim, chocolate), and ice cream" preceding "may be identified by the logo"; added (b) through (e); recodified existing (b) and (c) as (f) and (g).
Amended by R.2005 d.329, effective 10/3/2005.
See: 37 N.J.R. 2163(a), 37 N.J.R. 3809(c).
Added (f); recodified former (f) as (g) and rewrote subsection; recodified former (g) as (h).

N.J. Admin. Code § 2:71-2.5 Commodity grades, packing requirements, packer identification and containers

(a) Each container packed in accordance to the grading standards in (b) below and bearing the "logo" shall have the name and address of the packer in letters not less than three-eighths inches in height and must also have "Produce of U.S.A. (NJ)" imprinted no less than three-eighths inches in height and shall be in compliance with all applicable State and Federal labeling laws. All containers, packages and packaging materials shall be new.

(b) Fresh commodities shall be graded, packed, identified and contained as follows:

Apples shall be combination U.S. Extra Fancy and U.S. Fancy grade for tray or cell packs and U.S. Fancy grade for apples packed in bags. Color requirements are those for specified U.S. Grades of Apples by variety. Apples of the Red Delicious, Red Rome, Granny Smith and Paul Red varieties may be packed bearing the "logo." Size requirements are as follows: Bags--apples shall be a minimum of two and one-quarter inches in diameter. Tray or cell packs--maximum count of 125 apples per container. Tray or cell packs shall be packed fairly tight or be packed for a 40-pound minimum net weight for the above-listed varieties. Paper pad is required over top layer of apples in tray or cell packs. Certified controlled atmosphere storage apples are eligible to be packed bearing the "logo" provided the fruit meets the above requirements.
Alfalfa Sprouts shall consist of sprouts which are fresh, young and tender, clean and which are free from decay and not materially affected by overmaturity of leaf buds, discoloration, freezing, foreign material, disease, insects, mechanical or other means. All containers shall have a fairly tight pack. In order to allow for variations incident to proper grading and handling, the following tolerances, by weight are provided. Not more than a total of five percent in any lot may fail to meet the required specifications, including not more than one-half on one percent for decay. For application of tolerances, see N.J.A.C. 2:71-2.6.
Asparagus shall be U.S. No. 1 grade with not less than two-thirds of the stalk length green color. Stalks shall be of the following diameter classifications. Small--five-sixteenths inch to less than eight-sixteenths inch in diameter. Medium--eight-sixteenths inch to less than eleven-sixteenths in diameter. Large--eleven-sixteenths inch to less than fourteen-sixteenths in diameter. Small to medium --five-sixteenths inch to less than eleven-sixteenths inch in diameter. Medium to large--eight-sixteenths inch to less than fourteen-sixteenths inch in diameter. Stalks shall be well trimmed. When packed loose, all containers shall have a tight pack.
Beets (bunched) shall be U.S. No. 1 grade. The diameter of each beet shall be not less than one and one-half inches. The pack shall be for 12 bunches per crate or carton. All containers shall have at least a fairly tight pack.
Beets (topped) shall be U.S. No. 1 grade. The diameter of each beet shall be not less than one and one-half inches. All containers shall be at least fairly well filled.
Beet greens shall be U.S. No. 1 grade, consisting of either plants (with or without attached roots) or cut leaves. In the case of beet greens with roots attached, the maximum diameter of the root shall not be larger than five-eights inch. The leaf blades shall not be larger than six and one-half (6 1/2) inches. The pack shall be for 12 or 24 bunches per container. All containers shall have at least a fairly tight pack.
Blueberries shall be U.S. No. 1 grade. Size shall meet the requirements of at least Large with a maximum of 129 berries per standard two gill cup. Individual cups shall be well filled.
Bok choy shall consist of plants of similar varietal characteristics which are fairly firm and are not withered and which are free from soft rot, and are not materially affected by discoloration, freezing, disease, insects and mechanical or other injury. Stems shall be cut so that they extend no more than one-half inch beyond the point of attachment of the outermost leaves. All containers shall have a tight pack. Tolerance--In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent in any lot may fail to meet the required specifications, including not more than five percent for defects seriously affecting the lot including not more than two percent for soft rot. For application of tolerances, see N.J.A.C. 2:71-2.6.
Broccoli greens shall be U.S. No. 1 grade. The pack shall be for 12 to 16 bunches per container. All containers shall have at least a fairly tight pack.

Broccoli rabe (rapini) shall consist of leaves and buds of similar varietal characteristics which are fresh, clean and which are free from decay and not materially affected by overmaturity of buds, discoloration of buds or leaves, freezing, foreign material, disease, insects, mechanical or other means. The pack shall be for 12 to 14 bunches per container. All containers shall have a tight pack. Tolerance for defects--In order to allow for variations incident to proper grading and handling, not more than a total of ten percent, by weight, for bunches or individual shoots when packed loose in any lot which fails to meet the required specifications, including not more than two percent for bunches or individual shoots when packed loose which are affected by decay. For application of tolerances, see N.J.A.C. 2:72-2.6.

Bunched Italian sprouting broccoli shall be U.S. Fancy grade. Each bunch shall be neatly and fairly evenly cut off at the base, and closely trimmed. All containers shall have at least a tight pack.
Cabbage (Chinese) shall consist of heads of similar varietal characteristics which are fairly firm and are not withered, puffy or burst, and which are free from soft rot seedstems, are not materially affected by discoloration, freezing, disease, insects and mechanical or other injury. Stems shall be cut so that they extend no more than one-half inch beyond the point of attachment of the outermost leaves. Containers shall be packed for nine to 10, 10 to 12, or 12 to 14 heads per container. All containers shall have a tight pack. Tolerance--In order to allow for variations incident to proper grading and handling not more than a total of 10 percent, by count, in any lot may fail to meet the required specifications, including not more than five percent for defects seriously affecting the lot including not more than two percent for soft rot. For application of tolerances, see N.J.A.C. 2:76-2.6.
Cabbage (domestic type or savoy type) shall be U.S. No. 1 or U.S. No. 1, Green grade, domestic type heads shall be two pound minimum weight to five pound maximum weight, savoy type heads shall be one and a half pound minimum weight to four pound maximum weight. The U.S. No. 1 grade requires that the heads be well trimmed. All containers, except sacks, shall have a tight pack. The U.S. No. 1, Green grade requires that the heads be fairly well trimmed.

Cabbage (red type) shall be U.S. No. 1 or U.S. No. 1 new red grade, with the heads being of two pound minimum weight to five pound maximum weight. The U.S. No. 1 grade requires that the heads be well trimmed. The U.S. No. 1 new red grade requires that the heads be fairly well trimmed. All containers, except sacks, shall have a tight pack.

Cantaloupes shall be U.S. No. 1 except for very good internal quality. Shall be fairly uniform in size. All containers shall have a tight pack.

Carrots (bunched) shall be U.S. No. 1 grade. Unless specified, the diameter of each carrot shall be not less than three-quarter inches. All containers shall be fairly well filled.
Carrots (topped) shall be U.S. No. 1 grade. Each carrot shall be not less than three-quarter inches or more than one and one-half inches in diameter, and the length shall not be less than five inches. All containers shall be fairly well filled.
Cauliflower shall be U.S. No. 1 grade. All containers shall have at least a tight pack.
Celery root (celeriac) with tops or topped, shall consist of root crowns of similar varietal characteristics. If packed with tops, tops shall not be wilted and be free from decay and not materially affected by discoloration, disease, insects and other injury. If topped, tops shall be cut so that they extend no more than one-half inch beyond the point of attachment. Roots or root crown shall be free from decay and not materially affected by discoloration, growth cracks, dirt, freezing, disease, insects, mechanical or other injury. Each root crown shall have a minimum of two inches in diameter. All containers shall have at least a fairly tight pack. In order to allow for variations incident to proper grading and handling, the following tolerances, by weight are provided. Not more than a total of 10 percent in any lot may fail to meet the required specifications, including not more than five percent for defects seriously affecting the lot including not more than one percent for decay. In order to allow for variations incident to proper sizing not more than a total of five percent by weight of root crowns in any lot may be undersize. For application of tolerances, see N.J.A.C. 2:71-2.6.
Collard Greens shall be U.S. No. 1 grade. The pack shall be for 12 to 16 bunches per container. All containers shall have at least a fairly tight pack.

Sweet Corn shall be U.S. Fancy grade with a minimum count of 48 ears per container for large varieties and 54 ears per container for all other varieties, and when packed in crates, the pack shall be tight. All sweet corn shall be hydrocooled with the exception of lots sold locally to roadside markets. All containers that are hydrocooled shall be marked "hydrocooled."

Cranberries shall be U.S. No. 1 grade. The diameter of each cranberry shall be not less than thirteen thirty-second inches. Individual cranberries shall be at least fairly well colored and each container shall be fairly uniform in color.
Cubanelle Peppers shall be U.S. No. 1 grade, as specified in the U.S. Standard for Sweet Peppers, for defects and tolerances. Each pepper shall have a minimum diameter of one and three-quarters inches. Color shall be light green to full yellow. All containers shall be at least fairly well filled.
Cubanelle Peppers (red) shall be U.S. No. 1 grade, as specified in the U.S. Standard for Sweet Peppers, for defects and tolerances. Each pepper shall have a minimum diameter of one and three-quarter inches with 90 percent of the peppers showing full red color. All containers shall be at least fairly well filled.
Cucumbers shall be U.S. No. 1 grade with two and three-eighths inches maximum diameter and six inches minimum length. All containers shall be at least fairly well filled.
Cucumbers (large) shall be U.S. No. 1 Large grade, with two and one-quarter inches minimum diameter and six inches minimum length. All containers shall be at least fairly well filled.
Cucumbers (cukes) shall be U.S. No. 1 grade, with two and three-eighths inches maximum diameter and six and one-quarter inches maximum length. All containers shall be at least fairly well filled.
Cucumbers (pickling type) shall be U.S. No. 1 grade with two inches maximum diameter and six inches maximum length. All containers shall be at least fairly well filled.
Cucumbers (slicing type) shall be U.S. No. 1 grade, with two and one-quarter inches maximum diameter and six and one-quarter inches maximum length. All containers shall be at least fairly well filled.
Dandelion greens shall be U.S. No. 1 grade. All containers shall have at least a fairly tight pack.
Eggplants shall be U.S. No. 1 grade, or better, and reasonably uniform in size. All containers must have at least a fairly tight pack.
Endive shall be U.S. No. 1 grade. Plants shall be well trimmed and fairly uniform. All containers shall have at least a fairly tight pack.
Escarole shall be U.S. No. 1 grade. Plants shall be well trimmed and fairly uniform. All containers shall have at least a fairly tight pack.
Herbs (fresh) shall be clean, have characteristic color and shall not be affected by discoloration, wilting, freezing, mechanical damage or by other means. Herbs shall be free from decay. In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, are provided: five percent in any lot which fails to meet the requirements, including therein not more than one-half of one percent affected by decay. All containers shall have at least a fairly tight pack. For application of tolerance, see N.J.A.C. 2:71-2.6.
Horseradish roots shall be U.S. No. 1 grade. All containers shall have a tight pack.
Big Boston lettuce shall be U.S. No. 1 grade, or better. The heads shall be fairly uniform in size. The containers shall have a tight pack, provided the heads are not individually packaged.
Fennel (Sweet Anise) shall be U.S. No. 1 grade. Stalks shall be well trimmed. The minimum diameter of each bulb shall be not less than two inches. All containers shall have a tight pack.
Kale shall be U.S. No. 1 grade. The pack shall be for 12 to 16 bunches per container. All containers shall have at least a fairly tight pack.
Kohlrabi (green or purple) shall consist of plants of similar varietal characteristics which bulbs are hard and tops are not wilting and which are free from decay, seedstems, growth cracks and dirt, bulbs and tops are not materially affected by discoloration, freezing, disease, insects and mechanical or other injury. Roots shall be cut so that they extend no more than one-half inch beyond the point of attachment of the bulb. Each bulb shall have a minimum of two inches and a maximum of four inches in diameter. The pack shall be for 12 bunches per container. All containers shall have at least a fairly tight pack. In order to allow for variations incident to proper grading and handling, the following tolerances, by weight of bunches, are provided. Not more than a total of 10 percent in any lot may fail to meet the required specifications, including not more than five percent for defects seriously affecting the lot including not more than one percent for decay. For application of tolerances, see N.J.A.C. 2:71-2.6.
Leeks shall be fairly clean, tops and bulbs shall be characteristic color. Tops and bulbs must not be affected by discoloration, wilting, freezing, mechanical damage or by other means. Plants shall be free from decay. If tops are trimmed, it must be done so as not to materially affect the appearance of the individual plant. In order to allow for variations incident to proper grading and handling, the following tolerance, by weight of bunches are provided: 10 percent for plants in any lot which fail to meet the requirements, including therein not more than one percent for plants affected by decay. All containers shall have a tight pack. For application of tolerance, see N.J.A.C. 2:71-2.6.
Bibb lettuce shall be U.S. No. 1 grade. The heads shall be fairly uniform in size. The pack shall be of 24 heads per container. All containers shall have a tight pack.
Lettuce (green red leaf, and other specialty lettuce varieties such as lolla rosa, red oak leaf and radicchio) shall be U.S. Fancy grade as specified in the U.S. Grades of Greenhouse Leaf Lettuce. The pack shall be for 24 plants per container. All containers shall have at least a fairly tight pack.
Iceberg lettuce shall be U.S. No. 1 grade, or better. The pack shall be of 24 or 30 heads per container. The heads shall be fairly uniform in size. The containers shall have a tight pack. All lettuce shall be vacuum cooled. The containers shall be marked "vacuum cooled."
Mustard Greens shall be U.S. No. 1 grade. The pack shall be for 12 to 16 bunches per container. All containers shall have at least a fairly tight pack.
Nectarines shall be U.S. Extra No. 1 grade. When packed in cells or molded trays, the fruit shall be fairly uniform in size and the pack shall be at least fairly tight and the containers shall be marked with the numerical count. In all other packs the fruit shall have a two and one-quarter inch minimum diameter and the containers shall be marked with the minimum diameter of the contents in terms of inches and not less than one-eighth fractions of inches. Volume filled or jumble packs shall be at least fairly well filled. All nectarines shall be hydrocooled. All containers shall be marked "hydrocooled".
Okra shall be U.S. No. 1 grade. All containers shall be at least fairly well filled.
Parsley shall be U.S. No. 1 grade. The pack shall be for 30 bunches per half-bushel or 60 bunches per bushel. All containers shall have a tight pack.
Common Green Onions shall be U.S. No. 1 grade. The over-all length (roots excepted) of the onions shall be not more than 24 inches nor less than eight inches and the onions shall not be less than one-quarter inch or more than one inch in diameter. All containers shall have at least a fairly tight pack.

Parsnips shall be U.S. No. 1 grade. Minimum diameter of each root shall not be less than one and one-half inches. All containers shall have at least a fairly tight pack.

Peaches shall be U.S. Extra No. 1 grade, or better, with a two and one-quarter inch minimum diameter. Containers shall be marked to denote variety and minimum size or count. When packed in mold or cell compartments, containers shall be at least fairly tight; and all other packs shall be at least fairly well filled. All peaches shall be hydrocooled. All containers shall be marked "hydrocooled."
Fresh peas shall be U.S. No. 1 grade. All containers shall be at least well filled.
Cheese peppers (green or red) shall be U.S. No. 1 grade as specified by the U.S. Standard for sweet peppers, for defects and tolerances. Minimum diameter shall be not less than two and one-half inches. Minimum length shall be not less than two inches. In lots designated as red shall have 100 percent of the peppers showing full red color. All containers shall be at least fairly well filled.
Hot peppers (green or red) shall consist of peppers of similar varietal characteristics which are firm; long hot peppers may have curved shape; all other varieties must be fairly well shaped for the variety and free from sunscald and decay, and not materially affected by freezing injury, hail, scars, sunburn, discoloration, disease, insects, mechanical or other injury. In lots designated as green shall be full green color for the variety; in lots designated as red, 100 percent of the peppers shall show full red color. In order to allow for variations incident to proper grading and handling, the following tolerances, by count, are provided. Ten percent in any lot which fails to meet the requirements, but not more than one-half of this amount, or five percent, shall be allowed for peppers which are seriously affected, including therein not more than two percent for peppers affected by decay. All containers shall be fairly well filled. For application of tolerance, see N.J.A.C. 2:71-2.6.
Sweet peppers (Green or Red, Bell type) shall be U.S. No. 1 grade, or better. Minimum size shall be two and one-half inch minimum diameter and two and one-half inch minimum length. Containers shall be packed to a maximum average of no more than 90 peppers per container. Large-Average no more than 75 peppers per container. Extra Large-Average no more than 65 peppers per container. In lots designated U.S. No. 1 Red, 100 percent of the peppers shall show full red color. All containers shall be at least fairly well filled.
Sweet peppers (Yellow, Bell type) shall be U.S. No. 1, as specified by the U.S. Standard for Sweet Peppers, for defects and tolerances with 100 percent of the peppers showing full yellow or orange color. Minimum size and/or count pack shall be as specified under the Sweet Peppers (Green and Red, Bell type) requirements. All containers shall be at least fairly well filled.
Sweet potatoes shall be U.S. No. 1 grade. Maximum diameter shall not be more than three and one-half inches. Maximum weight shall not be more than 20 ounces. Length shall not be less than three or more than nine inches. Minimum diameter shall not be less than one and three-quarter inches. All containers shall be at least fairly well filled.
White potatoes shall be U.S. No. 1 grade and packed to meet the requirements of Size A or Large. "Size A" means the minimum diameter shall be not less than one and seven-eighths inches and that the lot shall contain at least 40 percent of potatoes which are two and one-half inches in diameter or larger or six ounces in weight or larger. "Large" means that the minimum diameter shall be not less than three inches or the minimum weight shall be not less than 10 ounces and the maximum diameter shall be not more than four and one-quarter inches or the maximum weight shall be not more than 16 ounces. All potatoes shall be washed. All containers shall be packed to meet marked net weight.
Pumpkins shall be U.S. No. 1 grade, and shall be fairly uniform in size. All containers shall have at least a tight pack.
Radishes (bunched) shall be U.S. No. 1 grade. The diameter of each root shall be not less than five-eighths inch. The pack shall be for 36 bunches per carton or crate. All containers shall have at least a fairly tight pack.
Raspberries shall be U.S. No. 1 grade. Berries shall be well colored. Individual cups shall be well filled.
Rhubarb shall be U.S. Fancy grade. The diameter of each stalk shall not be less than one inch, and the length not less than 10 inches. All containers shall have a tight pack.
Romaine shall be U.S. No. 1 grade with eight inches minimum length. Plants shall be well trimmed and well developed. All containers shall have a tight pack.
Rutabagas shall be U.S. No. 1 grade with a minimum diameter of one and three-quarter inches. All containers, except for sacks, shall be at least fairly well filled.
Salad mixes (packaged) shall consist of products listed on the packaging and meet the standards set forth in this chapter with respect to each component.
Shallots (topped) shall consist of shallots of similar varietal characteristics which are fairly well formed, well cured, firm, young and tender, well trimmed, fairly clean, free from mold and/or decay, and not materially affected by foreign material, disease, staining, sunburn, sprouts, insects and mechanical or other injury. Minimum diameter shall be not less than seven-eighths inch. All containers except for sacks shall be fairly well filled. Tolerance for defects--In order to allow for variations, other than size, incident to proper grading and handling, not more than a total of 10 percent by count of the shallots in any lot may fail to meet the required specifications, including not more than five percent shall be allowed for defects seriously affecting the lot, including not more than two percent for shallots affected by mold and/or decay. Tolerance for size--Not more than five percent, by count, of the shallots in any lot may fail to meet the size requirements. Application of tolerances--see N.J.A.C. 2:71-2.6.
Snap beans shall be U.S. No. 1 grade. All containers shall be well filled.
Spinach (bunched) shall be U.S. No. 1 grade. Pack shall be for 24 bunches per container. All containers shall have at least a fairly tight pack.

Spinach plants shall be U.S. No. 1 grade. All containers shall have at least a fairly tight pack.

Squash, Fall and Winter (acorn, butternut and spaghetti) shall be U.S. No. 1 grade and shall meet the following size specifications: acorn shall be a minimum of one pound and a maximum of three pounds in weight. Butternut shall be a minimum of one and one-half pounds and a maximum of four pounds in weight. Spaghetti must have a creamy yellow color, pack shall be for 12 to 16 squash per container. All containers shall be well filled.
Squash, Summer (yellow and green) shall be U.S. No. 1 grade and shall meet the following size specifications: green type shall be a maximum of nine inches in length and a maximum of two and one-quarter inches in diameter; yellow types shall be a maximum of nine inches in length and a maximum of two and one-half inches in diameter at the bulb. Squash marked medium shall meet the following specifications: green type shall be a maximum of eleven inches in length and a maximum of three inches in diameter; yellow type shall be a maximum of eleven inches in length and a maximum of three and one-quarter inches in diameter. All containers shall be at least fairly well filled.

Strawberries shall be U.S. No. 1 grade. Minimum diameter shall be not less than three-quarters inch. All containers shall be at least well filled.

Swiss chard shall consist of leaves of similar varietal characteristics which are fresh, fairly tender, fairly clean and which are free from decay and not materially affected by coarse stalks and seed stems, discoloration, freezing, foreign material, disease, insects, mechanical or other means. The pack shall be for 12 to 16 bunches per container. All containers shall have at least a fairly tight pack. In order to allow for variations incident to proper grading and handling, not more than a total of 10 percent, by weight, in any lot shall fail to meet the required specifications, including not more than five percent for defects seriously affecting the lot, including not more than two percent for decay. For application of tolerance, see N.J.A.C. 2:71-2.6.
Tomatoes (fresh market) shall be 85 percent U.S. No. 1 quality "Mixed Colors." Containers shall be marked with "Extra Large" or "Large" or "Medium" in accordance with the following size specifications: "Extra Large" shall have a two and twenty-four thirty-second inch minimum diameter; "Large" shall have a two and sixteen thirty-second inch minimum diameter and two and twenty-five thirty-second inch maximum diameter. "Medium" shall have a two and eight thirty-second minimum diameter and two and seventeen thirty-second inch maximum diameter. Containers may also be marked as follows, in accordance with the facts, "Medium" to "Large" or "Large" and "Extra Large." Containers shall be at least fairly well filled.
Tomatoes (fresh market, 10-pound count pack) shall be 85 percent U.S. No. 1 quality with pink to red color. Containers shall be marked with count as follows: 15 count, 20 count, 25 count or 30 count in accordance with the following specifications: 15 count shall have a three and one-half inch minimum diameter and four inch maximum diameter; 20 count shall have a three and one-eighth inch minimum diameter and three and one-half inch maximum diameter; 25 count shall have a two and seven-eighths inch minimum diameter and three and one-eighth inch maximum diameter; and 30 count shall have a two and one-half inch minimum diameter and two and seven-eighths inch maximum diameter. Containers must meet minimum of 10 pounds net weight.
Cherry tomatoes shall be U.S. No. 1 grade, color turning to full color. All containers shall be at least well filled.
Grape tomatoes shall be U.S. No. 1 grade, color turning to full color. All containers shall be at least well filled.

Plum tomatoes shall be U.S. No. 1 grade. Minimum diameter shall not be less than one and one-quarter inches. Color turning to full color. All containers shall be at least fairly well filled.

Turnips (bunched) shall be U.S. No. 1 grade. The diameter of each turnip shall be not less than one and three-quarter inches. All containers shall have least a fairly tight pack.
Turnips (topped) shall be U.S. No. 1 grade with a minimum diameter of one and three-quarter inches. All containers, except for sacks, shall be at least fairly well filled.
Turnip Greens shall be U.S. No. 1 grade. The pack shall be for 12 to 16 bunches per container. All containers shall have at least a fairly tight pack.

Watermelons (Sugar Baby) shall be U.S. No. 1 grade.

Shell eggs shall be consumer grade A and shall consist of eggs which are at least 87 percent A quality or better. Within the maximum tolerance of 13 percent which may be below A quality, not more than one percent may be B quality due to air cells over three-eighths (3/8) inch, blood spots (aggregating not more than one-eighths (1/8) inch in diameter), or serious yolk defects. Not more than five percent checks are permitted and not more than 0.50 percent leakers, dirties, or loss (due to meat or blood spots) in any combination, except that such loss may not exceed 0.30 percent. Other types of loss are not permitted. Only weight classes listed below may be packed with the Jersey Fresh Quality logo:

i. Extra large--minimum net weight per dozen 27 ounces, minimum net weight for individual eggs at rate per dozen 26 ounces;

ii. Large--minimum net weight per dozen 24 ounces, minimum net weight for individual eggs at rate per dozen 23 ounces; and

iii. Medium--minimum net weight per dozen 21 ounces, minimum net weight for individual eggs at rate per dozen 20 ounces.

Cactus (cacti) shall consist of plants that are fresh, firm, well shaped, clean and which are free from decay and not materially affected by freezing, disease, insects and mechanical or other injury. Tolerance--In order to allow for variations incident to proper grading and handling, not more than a total of five percent, by count, in any lot shall fail to meet the required specifications, including not more than two percent for defects seriously affecting the lot including not more than one percent for decay. For application of tolerance, see N.J.A.C. 2:71-2.6.

i. To meet Jersey Fresh requirements, all cacti shall be propagated and/or cultivated in New Jersey for at least six months prior to retail sale.

Cut flowers shall consist of buds which are fresh, firm, well shaped but not overmature and stems which are fresh, strong and fairly straight. Buds and stems shall be free from decay and freezing injury and damage caused by dirt or other foreign material, discoloration, moisture, disease, insects, mechanical or other means. In order to allow for variation incident to proper grading and handling, the following tolerance, by count is provided. Not more than a total of five percent in any container may be below the requirements of these specifications, including not more than one-half of one percent for decay.
Honey shall be Grade A as specified by the U.S. standards for grades of extracted honey, specifically 7 C.F.R. §§ 52.1391 through 52.1403, as amended and supplemented, incorporated herein by reference. Honey shall be prepared and processed as one of the following types: liquid honey, crystallized honey or partially crystallized honey. Honey shall be from floral sources predominately found in New Jersey. The styles of honey shall be filtered or strained as specified in the U.S. standards. Color designation may consist of water white, extra white, white, extra light amber, light amber, amber or dark amber.

(c) Each container packed in accordance to the grading standards in (d) below and bearing the "logo" shall have the name and address of the packer and "Produce of U.S.A. (NJ)" imprinted in letters or numerals in conspicuous and easily legible type in distinct contrast (by topography, layout, color, embossing or molding) with other matter on the package and in a type size easily discernable by the consumer and shall be in compliance with all applicable State and Federal labeling laws. All containers, packages and packaging materials shall be new.

(d) Fresh for Processing Commodities shall be graded as follows:

Apples, asparagus, beets, blueberries, broccoli, cabbage, carrots, cranberries, cucumbers, peaches, peas, peppers, sweet potatoes, white potatoes, raspberries, snap beans, spinach, strawberries, and tomatoes shall be U.S. No. 1 Fresh for Processing grade or better;

Eggplants shall be firm and fairly well colored;

Hot peppers (green) shall be fresh and firm and shall be full green color for the variety; and
Hot peppers (red) shall be fresh and firm and 100 percent of the pepper shall show full red color.

History

New Rule R.1985 d.282, effective 6/3/1985.
See: 17 N.J.R. 765(b), 17 N.J.R. 1407(d).
Amended by R.1986 d.201, effective 6/2/1986.
See: 18 N.J.R. 588(b), 18 N.J.R. 1196(c).
Substantially amended.
Amended by R.1987 d.89, effective 2/2/1987.
See: 18 N.J.R. 2347(a), 19 N.J.R. 287(a), 19 N.J.R. 355(a).
Weights and sizes of cabbage and squash raised.
Amended by R.1987 d.442, effective 11/2/1987.
See: 19 N.J.R. 1593(c), 19 N.J.R. 1987(a).
(m) added; old (m)-( o) renumbered (n)-(p).
Amended by R.1988 d.97, effective 3/7/1988.
See: 19 N.J.R. 2327(b), 20 N.J.R. 525(a).
Deleted subsections and made a listing; Substantially amended text.
Amended by R.1988 d.421, effective 9/6/1988.
See: 20 N.J.R. 1129(b), 20 N.J.R. 2254(a).
Added new (b)11, 12, 14 and 18 and renumbered existing text accordingly.
Amended by R.1989 d.234, effective 4/6/1989.
See: 21 N.J.R. 227(a), 21 N.J.R. 1118(b).
Greatly expanded and renumbered section to include additional fruit and vegetable products for Jersey Fresh program participation by describing commodity grades, packing requirements, identification and containers.
(a): added requirement that all containers, packages and packaging materials be new.
Amended by R.1990 d.354, effective 7/16/1990.
See: 22 N.J.R. 1296(a), 22 N.J.R. 2140(b).
Changes reflect cessation of Department printing labels and at (b) vegetables added to list.
Amended by R.1992 d.374, effective 10/5/1992.
See: 24 N.J.R. 2318(b), 24 N.J.R. 3511(b).
Amended by R.1994 d.485, effective 9/19/1994.
See: 26 N.J.R. 2831(a), 26 N.J.R. 3828(a).
Administrative Correction to (b).
See: 28 N.J.R. 1377(a).
Amended by R.2000 d.380, effective 9/18/2000.
See: 32 N.J.R. 2218(a), 32 N.J.R. 3391(a).
Rewrote (b).
Amended by R.2003 d.434, effective 11/3/2003.
See: 35 N.J.R. 2974(a), 35 N.J.R. 5060(a).
Amended by R.2004 d.422, effective 11/15/2004.
See: 36 N.J.R. 2319(a), 36 N.J.R. 5088(b).
In (b), deleted 86 and 87.
Amended by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Rewrote (a); in the introductory paragraph of (b), substituted "Fresh commodities" for "Commodities"; and added (c) and (d).

N.J. Admin. Code § 2:71-2.6 Definitions

For the purposes of this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.

"Application of tolerances" means, in the case of alfalfa sprouts, bok choy, broccoli rabe (Rapini), cabbage (Chinese), cactus, celery root, kohlrabi, hot peppers (green and red), shallots (topped), swiss chard, leeks and herbs (fresh), that the contents of individual packages in the lot are subject to the following limitations:

For a tolerance of 10 percent, individual packages may contain not more than one and one-half times the tolerance specified, provided that the average for the entire lot is within the tolerance specified.
For a tolerance of less than 10 percent, individual packages may contain not more than double the tolerance specified, provided that at least one defective specimen may be permitted in any package and provided, further, that the average for the entire lot is within the tolerance specified.

"Closely trimmed" means, in the case of Italian sprouting broccoli (bunched), when not more than a total of five percent by weight, of the bunches, consists of attached stems and leaves longer than the average length of the bunch, regardless of point attachment or loose leaves and stems.

"Cut flowers". The following definitions apply to cut flowers:

"Damage" means any injury or defect which materially affects the appearance or shipping quality of the cut flowers or foliage.
"Fairly straight" means that the stem is of normal growth and is not more than slightly curved or crooked.
"Firm" means that the bud is fairly compact and yields slightly to moderate pressure of the fingers.
"Free from" means any amount is scorable.
"Fresh" means that the bud and foliage are bright, not badly wilted, limp or flabby.
"Overmature" means that the flower has opened beyond commercial value.
"Stem" means the flower stalks with any attached foliage.
"Strong" means that the stem is fairly stiff and sturdy enough to hold the bud in a reasonably erect position.
"Well shaped" means that the bud is symmetrical, not lopsided or otherwise deformed.

"Fairly clean" means, in the case of shallots, that the appearance of the individual shallot is not affected by dirt.

"Fairly tight" means, in the case of alfalfa sprouts, eggplants, beets (bunched), beet greens, broccoli greens, collard greens, celery root, dandelion greens, endives, escarole, herbs, kale, kohlrabi, lettuce (green and red leaf), mustard greens, common green onions, parsnips, radishes (bunched), spinach (bunched), spinach plants, Swiss chard and turnip greens, that the package is sufficiently filled to prevent any appreciable movement of the product and that they are in contact with the lid or cover. In the case of apples, that the apples are of the proper size for molds or cell compartments in which they are packed, and that the molds or cells are filled in such a way that no more than slight movement of apples within molds or cells is possible. The pad over the top layer of apples shall be not more than three-quarter inch below the top edge of the carton. In the case nectarines and peaches packed in mold or cell compartments, that they are of the proper size for the mold or cell compartments in which they are packed and that the molds or cells are filled in such a way that there is no more than slight movement within the mold or cells and that the pad or tray over the top layer must be in contact with the lid.

"Fairly uniform in color" means, in the case of cranberries, that the berries in individual containers do not show sufficient variation in color to materially detract from the appearance of the berries in the containers.

"Fairly uniform in size" means, in the case of bibb lettuce, big Boston lettuce and iceberg lettuce, that not more than 10 percent of the heads in a container may vary appreciably from the standard size head for the count pack. In the case of cantaloupes and pumpkins, one size above or one size below the size of most of the cantaloupes or pumpkins in the container.

"Fairly well colored" means, in the case of cranberries, that 75 percent of the surface of the individual berry, in the aggregate shows pink or red color characteristics of the variety and means, in the case of eggplant (fresh for processing), that it has a fairly good characteristic for the variety, except that streaks of green color, that does not materially detract from the appearance, shall be permitted.

"Fairly well filled" means that in the case of beets (topped), cucumbers, okra, cheese peppers (green or red), cubanelle peppers (green or red), hot peppers (green or red), sweet peppers (green, red or yellow, bell type), sweet potatoes, squash (summer), shallots (topped), tomatoes (fresh market), turnips (topped), and rutabagas, except in sacks, are not in contact with the lid or cover, but not more than one-half inch below the lid or cover. In the case of nectarines and peaches, the container is level full and there is practically no movement of the fruit when the container is closed. In the case of nectarines, the contents of the container may be slightly below the top edge but not more than one-half inch.

"Fairly well trimmed" means in the case of cabbage, that the head shall not have more than seven wrapper leaves.

"Firm" means, in the case of shallots, that the edible portion is not soft.

"Hydrocooled" means using the process of conveying produce through cold water (as near to 32[degrees]F or 0[degrees]C as possible) to remove field heat quickly.

"Jersey Fresh Milk" means milk produced in New Jersey that may be whole, one percent, two percent or skim and may be fortified with milk solids.

"Jersey Fresh Flavored Milk" means whole, one percent, two percent, and skim milk produced in New Jersey that may be fortified with milk solids and includes non-dairy ingredients as specified on the label.

"Licensed packer" means any entity that has applied for and been granted approval to package products using any of the "Jersey Fresh" logos.

"Made with Jersey Fresh Milk" means food products that utilize milk produced in New Jersey as an ingredient and meet the New Jersey and Federal standards for Jersey Fresh milk.

"Made with Premium Jersey Fresh Milk" means food products that utilize milk produced in New Jersey with a somatic cell count not exceeding 150,000 somatic cells per milliliter as an ingredient and meet the New Jersey and Federal standards for Jersey Fresh milk.

"Mixed colors" means that a lot of tomatoes may contain not more than five percent of tomatoes which are green in color. "Green" means that the surface of the tomato is completely green in color. The shade of green color may vary from light to dark.

"Over maturity" means, in the case of alfalfa sprouts, that leaf buds (head) are on the verge of opening. In the case of broccoli rabe (rapini), bunched or individual shoots when packed loose would be materially affected if it has more than two open buds or most buds are on the verge of opening.

"Producer" means a farmer that owns and maintains dairy animals in New Jersey for the purpose of producing raw milk.

"Reasonably uniform in size" means, in the case of eggplants, that the weight of the smallest eggplant in the container is not less than one-half the weight of the largest eggplant.

"Tight" means, in the case of bibb lettuce, iceberg lettuce and Big Boston lettuce, that the layers are completely and tightly filled without injury to the heads. In the case of sweet corn, when packed in crates, the package is filled sufficiently to prevent any movement of the product within the package and it has the proper bulge without causing bruised kernels. In the case of asparagus (loose), bok choy, Italian sprouting broccoli (bunched, broccoli rabe (rapini), cabbage (domestic, savoy, red and Chinese), cantaloupes, cauliflower, fennel, horseradish roots, leeks, parsley, pumpkins, romaine and rhubarb, that the packages are sufficiently filled so as to prevent the product from moving in the container but not overly filled so that injury to the product results.

"Tolerances" means, in the case of packages identified with the Premium Jersey Fresh "logo," the applicable tolerance will be two percent less than the total tolerance stated in the U.S. Standard or the Jersey Fresh Regulations for the commodities in the premium program.

"Vacuum cooled" means using a process which, through a vacuum, reduces air pressure in a large chamber, thus promoting cooling by rapid evaporation of moisture.

"Well colored" means, in the case of raspberries, that the whole surface of the berry shows a color characteristic of a mature berry.

"Well developed" means, in the case of romaine, that the plant shows normal growth and shape.

"Well filled" means, in the case of blueberries, cherry tomatoes, grape tomatoes, raspberries and strawberries, that the fruit be one-quarter to one-half inch above the rim of the cup. In the case of peas, snap beans and fall and winter squash (acorn, butternut and spaghetti), they shall be in contact with the cover.

"Well trimmed" means, in the case of asparagus, that at least two-thirds of the butt of the stalk is smoothly trimmed in a plane approximately parallel to the bottom of the container and that the butt is not stringy or frayed. In the case of endive and escarole, that the roots are neatly cut near the point of attachment of the outer leaf stems. In the case of romaine, that the stem is trimmed off close to the point of attachment of the outer leaves. In the case of cabbage, that the head shall not have more than four wrapper leaves. In the case of fennel (sweet anise), that not more than one coarse outer branch is left on each side of the bulb to protect the tender inside portion, the portion of the root remaining is not more than one-half inch in length. Tops may be either full length or cut back to not less than 10 inches except that not more than five of the outer branches may be cut back to less than 10 inches if necessary to facilitate proper packing, but not more than three of these may be on the same side of the bulb. In the case of shallots, that the tops are no longer than one quarter-inch.

"Wine" means a diverse commodity class composed of the yeast fermentation products of the must, or juice, pressed from grapes, fruit or other agricultural products. Wine is a fruit product, but fermentation produces a variety of chemical changes in the must, and so wine is not simply juice with ethanol added. Fermentation alters the must by altering the conjugation of organic acids and phenolics, by extraction and the formation of copigments and the development of an anaerobic and protective redox potential.

History

New Rule R.1985 d.282, eff. 6/3/1985.
See: 17 N.J.R. 765(b), 17 N.J.R. 1407(d).
Amended by R.1986 d.201, effective 6/2/1986.
See: 18 N.J.R. 588(b), 18 N.J.R. 1196(c).
Added definitions "fairly well trimmed" and "mixed colors"; amended "fairly well filled" and "tight".
Amended by R.1987 d.89, effective 2/2/1987.
See: 18 N.J.R. 2347(a), 19 N.J.R. 287(a), 19 N.J.R. 355(a).
Hydrocooled amended to 32[degrees]F from 34[degrees]F.
Amended by R.1987 d.442, effective 11/2/1987.
See: 19 N.J.R. 1593(c), 19 N.J.R. 1987(a).
Added definitions "well colored" and "well filled".
Amended by R.1988 d.97, effective 3/7/1988.
See: 19 N.J.R. 2327(b), 20 N.J.R. 525(a).
Added text to "fairly tight" and added definitions "Well developed" and "Well trimmed".
Amended by R.1988 d.370, effective 8/1/1988.
See: 20 N.J.R. 953(a), 20 N.J.R. 1871(a).
Amended "fairly tight" and "fairly well filled".
Amended by R.1989 d.234, effective 4/6/1989.
See: 21 N.J.R. 227(a), 21 N.J.R. 1118(b).
Added definition of "fairly clean" regarding shallots. Expanded definitions of several words and terms as they apply to newly added fruits and vegetables to Jersey Fresh program participation.
Amended by R.1990 d.354, effective 7/16/1990.
See: 22 N.J.R. 1296(a), 22 N.J.R. 2140(b).
Added definitions of "Application of tolerances" and "tolerances"; expanded cases in definitions of "fairly tight" and "well filled".
Amended by R.1992 d.374, effective 10/5/1992.
See: 24 N.J.R. 2318(b), 24 N.J.R. 3511(b).
Amended by R.1994 d.485, effective 9/19/1994.
See: 26 N.J.R. 2831(a), 26 N.J.R. 3828(a).
Amended by R.2000 d.380, effective 9/18/2000.
See: 32 N.J.R. 2218(a), 32 N.J.R. 3391(a).
In "Application of tolerances", inserted references to bok choy and cactus; in "Tight", substituted a reference to sweet corn for a reference to green corn, inserted a reference to bok choy, and deleted "well" following "sufficiently"; and in "Well filled", inserted a reference to grape tomatoes.
Amended by R.2003 d.434, effective 11/3/2003.
See: 35 N.J.R. 2974(a), 35 N.J.R. 5060(a).
Added "Fairly uniform in color" and "Fairly well colored".
Amended by R.2004 d.422, effective 11/15/2004.
See: 36 N.J.R. 2319(a), 36 N.J.R. 5088(b).
Added "Jersey Fresh Milk", "Jersey Fresh Flavored Milk", "Licensed packer", "Made with Jersey Fresh Milk", "Made with Premium Jersey Fresh Milk" and "Producer".
Amended by R.2005 d.329, effective 10/3/2005.
See: 37 N.J.R. 2163(a), 37 N.J.R. 3809(c).
Added definition "Wine".
Amended by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
In definition "Fairly well colored", inserted "and means, in the case of eggplant (fresh for processing), that it has a fairly good characteristic for the variety, except that streaks of green color, that does not materially detract from the appearance, shall be permitted".

N.J. Admin. Code § 2:71-2.7 Penalties

(a) Any licensed packer using "logo" containers for products other than those covered by this subchapter or any unlicensed packer using "logo" packages for any product shall be subject to a penalty of not more than $ 100.00 for the first offense and not more than $ 200.00 for each subsequent offense, except for violations of N.J.S.A. 4:10-5, which penalty shall be $ 100.00. Whenever an offense involves false, misleading, or improper labeling of farm products, each package shall constitute a separate offense.

(b) After the second violation of any part of this subchapter of the same regulated product packed by the same licensed packer during the same calendar year, the license to pack under the Jersey Fresh Quality Grading program will be revoked for the remainder of the license year.

(c) Any licensed producer using "logo" containers for products other than those covered by this chapter or any unlicensed producer using "logo" packages for any product shall be subject to a penalty of not more than $ 100.00 for the first offense and not more than $ 200.00 for each subsequent offense, except for violations of N.J.S.A. 4:10-5, which penalty shall be $ 100.00. Whenever an offense involves false, misleading, or improper labeling of farm products, each package shall constitute a separate offense.

(d) After the second violation of any part of this subchapter by the same licensed producer during the same calendar year, the license to pack under the Jersey Fresh Quality Grading program will be revoked for the remainder of the license year.

(e) Any entity licensed to transfer ownership of containers bearing the "logo" which violates any part of this subchapter shall be subject to a penalty of not more than $ 100.00 for the first offense and revocation of license for a subsequent offense, except for violators of N.J.S.A. 4:10-5, which penalty shall be $ 100.00. Whenever an offense involves false, misleading, or improper labeling of farm products, each package shall constitute a separate offense.

(f) The Division of Marketing and Development shall make an initial determination as to whether to deny an initial license, or revoke a license as provided in (a) through (e) above.

(g) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (f) above shall, upon written request transmitted to the Department within 20 days of the license denial, or notice of intent to revoke a license, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Administrative Procedure Rules, N.J.A.C. 1:1.

Requests for hearings shall be sent to Director, Division of Marketing and Development, N.J. Department of Agriculture, PO Box 330, Trenton, New Jersey 08625-0330.

(h) The State Board of Agriculture shall make a final determination as to whether to deny or revoke a license following a hearing as provided in (g) above.

(i) Orders for penalties or to enjoin continuing violations may be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999." The Superior Court and the Municipal Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999."

(j) Upon revocation of a license, a producer may reapply for a license for the next license year.

History

New Rule R.1985 d.282, effective 6/3/1985.
See: 17 N.J.R. 765(b), 17 N.J.R. 1407(d).
Amended by R.1986 d.201, effective 6/2/1986.
See: 18 N.J.R. 588(b), 18 N.J.R. 1196(c).
Deleted "Jersey Fresh" and added text "Quality Grading".
Amended by R.1987 d.89, effective 2/2/1987.
See: 18 N.J.R. 2347(a), 19 N.J.R. 287(a), 19 N.J.R. 355(a).
Added (c) and renumbered (c)-(d) as (d)-(e).
Amended by R.2004 d.422, effective 11/15/2004.
See: 36 N.J.R. 2319(a), 36 N.J.R. 5088(b).
Added (c), (d), and (f) through (j), recodified existing (c) as (e).
Amended by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
In (c), substituted "this chapter" for "these rules" and "producer" for "packer" following "unlicensed"; and inserted a comma following "N.J.S.A. 4:10-5".
Amended by R.2013 d.040, effective 2/19/2013.
See: 44 N.J.R. 2417(a), 45 N.J.R. 329(b).
In (a), substituted "this subchapter" for "these rules"; in (a), (c), and (e), substituted "$ 100.00" for "$ 50.00" throughout, and inserted the last sentence; in (a) and (c), substituted "$ 200.00" for "$ 100.00"; in (e), substituted "this subchapter" for "the regulations", inserted a comma following "N.J.S.A. 4:10-5", and deleted "the" following "which"; and rewrote (i).

N.J. Admin. Code § 2:71-2.8 Reserved

History

Repealed by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Asparagus for canning or freezing".

N.J. Admin. Code § 2:71-2.9 Reserved

History

Repealed by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Diameter classifications".

N.J. Admin. Code § 2:71-2.10 Reserved

History

Repealed by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Definition of terms".

N.J. Admin. Code § 2:71-2.11 Reserved

History

Repealed by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Grade classifications of asparagus spears".

N.J. Admin. Code § 2:71-2.12 Reserved

History

Repealed by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Asparagus spears described and permitted in N.J. No. 1 grade".

N.J. Admin. Code § 2:71-2.13 Reserved

History

Repealed by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Procedure for loads received after severe wind and rain storm".

N.J. Admin. Code § 2:71-2.14 Reserved

History

Repealed by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Asparagus spears described and permitted in N.J. No. 2 grade".

N.J. Admin. Code § 2:71-2.15 Reserved

History

R.1970 d.20, eff. 1/27/1970.
See: 2 N.J.R. 12(a); 2 N.J.R. 29(b).
Repealed by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Function and need for unrestricted sampling of asparagus for processing".

N.J. Admin. Code § 2:71-2.16 Reserved

History

R.1970 d.20, effective 1/27/1970.
See: 2 N.J.R. 12(a); 2 N.J.R. 29(b).
Repealed by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Unrestricted sampling; definition".

N.J. Admin. Code § 2:71-2.17 Reserved

History

R.1970 d.20, effective 1/27/1970.
See: 2 N.J.R. 12(a); 2 N.J.R. 29(b).
Repealed by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Equipment and personnel required".

N.J. Admin. Code § 2:71-2.18 Vine ripened tomatoes

(a) "Vine ripened" means tomatoes have been left on the plant until the surface of the flesh of each tomato has achieved some discernable degree of pink or red color at the time of harvest and have not been treated with ethylene gas.

(b) Tomatoes labeled with the term "vine ripened" shall be considered mislabeled unless the surface of the flesh of each tomato has attained some discernable degree of pink or red color at the time of harvest and has not been treated with ethylene gas.

(c) Any person labeling tomatoes as "vine ripened" which have not met the standards set forth in (a) above shall be subject to a penalty of not more than $50.00 for the first offense and not more than $100.00 for each subsequent offense.

Each improperly labeled carton shall be considered a separate offense.

(d) The Division of Marketing and Development shall make an initial determination as to whether tomatoes are improperly labeled as "vine ripened."

(e) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (d) above shall, upon written request transmitted to the Department within 20 days of the violation notice, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

Requests for hearings shall be sent to Director, Division of Marketing and Development, N.J. Department of Agriculture, PO Box 330, Trenton, New Jersey 08625-0330.

(f) The State Board of Agriculture shall make a final determination as to whether to impose a penalty following a hearing as provided in (e) above.

(g) Orders for penalties or to enjoin continuing violations may be enforced by summary action brought in the name of the Department in Superior Court or Municipal Court.

History

New Rule by R.2005 d.329, effective 10/3/2005.
See: 37 N.J.R. 2163(a), 37 N.J.R. 3809(c).
Section was "Reserved."

N.J. Admin. Code §§ 2:71-2.19 through 2:71-2.25 Reserved

N.J. Admin. Code § 2:71-2.26 Requests; charges

Requests may be made of the Department by producers, dealers, shippers, processors, brokers, retailers or other commercial parties to a transaction involving fruits and vegetables to have the fruits or vegetables inspected or graded and certified on official certificates by qualified employees of the Department. A charge shall be made for such services. Such charge shall be paid by the requestor of such services.

History

R.1978 d.114, effective 3/30/1978.
See: 10 New Jersey Register 90(b), 10 New Jersey Register 182(b).
Administrative Correction.
See: 25 New Jersey Register 3453(b).

N.J. Admin. Code § 2:71-2.27 Agreements for inspection services

(a) Agreements for inspection services of five or more consecutive days duration must be made in writing with the Secretary of the Department of Agriculture.

(b) Agreements for inspection services of fewer than five consecutive days may be made orally with an authorized representative of the Division of Marketing and Development.

History

R.1978 d.114, effective 3/30/1978.
See: 10 New Jersey Register 90(b), 10 New Jersey Register 182(b).
Amended by R.1999 d.279, effective 8/16/1999.
See: 31 New Jersey Register 1405(a), 31 New Jersey Register 2329(a).
In (b), changed "Division of Regulatory Services" to "Division of Dairy and Commodity Regulation".

N.J. Admin. Code § 2:71-2.28 Charges for inspection or grading and certification services; written agreements for commodity inspection

(a) Charges for inspection or grading and certification services of five or more consecutive days duration, performed pursuant to a written agreement between the New Jersey Department of Agriculture and the requester of the services, shall be made according to the following schedule:

Basic schedule for all products:

i. A charge of $ 408.00 per eight-hour day for each inspector;

ii. A charge of $ 2,040 per five-day week (Monday through Friday) of 40 hours or less for each inspector;

iii. A charge of $ 76.50 per hour, or portion thereof, for all hours worked over 40 in the five-day week (Monday through Friday), or for all hours over eight hours per day;

iv. There will be at least a two-hour minimum charge of $ 153.00 assessed for each inspector assigned work on Saturday and/or Sunday; and a charge of $ 76.50 per hour, or portion thereof, for the actual hours worked by each inspector on Saturday and/or Sunday in excess of two hours;

v. There will be at least a two-hour minimum charge of $ 153.00 assessed for each inspector assigned work on legal State holidays occurring Monday through Friday; and a charge of $ 76.50 per hour, or portion thereof, for the actual hours worked by each inspector on legal State holidays occurring Monday through Friday in excess of two hours; and

vi. Official mileage will be charged at the prevailing State rate per mile starting and ending where the inspector officially reports for duty.

Charges for inspection or grading and certification of fruit and vegetables other than potatoes for fresh market:

i. A charge of $ 0.10 will be made for all packages inspector or graded and certified in excess of 4,941 packages during the seven-day week (Saturday through Friday).

Charges for inspection or grading and certification of potatoes for the fresh market:

i. A charge of $ 0.10 per hundredweight for all hundredweights inspected or graded and certified in excess of 4,941 hundredweights during the seven-day week (Saturday through Friday).

History

R.1978 d.114, eff. 3/30/1978.
See: 10 New Jersey Register 90(b), 10 New Jersey Register 182(b).
As amended, R.1979 d.58, eff. 2/13/1979.
See: 11 New Jersey Register 2(a), 11 New Jersey Register 117(a).
As amended, R.1980 d.140, eff. 4/3/1980.
See: 12 New Jersey Register 102(a), 12 New Jersey Register 248(b).
As amended, R.1982 d.75, eff. 3/15/1982 (operative April 25, 1982).
See: 14 New Jersey Register 66(a), 14 New Jersey Register 277(a).
(a)1i: "$ 300.00" was "$ 290.00"; (a)1ii: "$ 11.25" was $ 10.88"; (a)1iii: "$ 45.00" was "$ 43.52"; (a)1iv. "$ 13.50" was "$ 12.25"; (a)2i: "4,285" was "4,140"; (a)3i: "3,750" was "3,625".
As amended, R.1983 d.312, effective 8/1/1983.
See: 15 New Jersey Register 462(a), 15 New Jersey Register 1245(a).
In (a)1.iv. added "not to exceed light hours per day" and last sentence.
As amended, R.1984 d.301, eff. 7/16/1984.
See: 16 New Jersey Register 946(a), 16 New Jersey Register 1966(a).
Section substantially amended.
Amended by R.1986 d.147, effective 5/5/1986.
See: 18 New Jersey Register 448(a), 18 New Jersey Register 938(c).
Charges were raised.
Amended by R.1987 d.354, effective 9/8/1987.
See: 19 New Jersey Register 901(a), 19 New Jersey Register 1641(a).
Increase of fee charges for inspection and grading of farm products.
Amended by R.1988 d.370, effective 8/1/1988.
See: 20 New Jersey Register 953(a), 20 New Jersey Register 1871(a).
Charge raised to $ 0.06 in excess of 6,545 packages from $ 0.02 in excess of 4,000 packages.
Amended by R.1990 d.318, effective 6/18/1990.
See: 22 New Jersey Register 1242(c), 22 New Jersey Register 1914(a).
Charges increased.
Amended by R.1992 d.375, effective 10/5/1992.
See: 24 New Jersey Register 2321(a), 24 New Jersey Register 3513(a).
Revised text.
Amended by R.1995 d.456, effective 8/21/1995.
See: 27 New Jersey Register 2035(a), 27 New Jersey Register 3155(d).
Amended by R.1999 d.279, effective 8/16/1999.
See: 31 New Jersey Register 1405(a), 31 New Jersey Register 2329(a).
Increased charges, raised the baseline number of fruit and vegetable packages, and raised the baseline number of potato hundredweights.
Amended by R.2003 d.434, effective 11/3/2003.
See: 35 New Jersey Register 2974(a), 35 New Jersey Register 5060(a).
In (a), increased the inspection charges in 1i through 1iv, and substituted "4,941" for "4,118" following "in excess of" in 2i and 3i.

N.J. Admin. Code § 2:71-2.29 Reserved

History

Amended by R.1990 d.318, effective 6/18/1990.
See: 22 New Jersey Register 1242(c), 22 New Jersey Register 1914(a).
Charges increased
Amended by R.1992 d.375, effective 10/5/1992.
See: 24 New Jersey Register 2321(a), 24 New Jersey Register 3513(a).
Revised text.
Amended by R.1995 d.456, effective 8/21/1995.
See: 27 New Jersey Register 2035(a), 27 New Jersey Register 3155(d).
Charges were raised.
Amended by R.1999 d.279, effective 8/16/1999.
See: 31 New Jersey Register 1405(a), 31 New Jersey Register 2329(a).
In (a), increased charges, and raised the baseline number of packages.

N.J. Admin. Code § 2:71-2.30 Reserved

History

R.1978 d.114, eff. 3/30/1978.
See: 10 New Jersey Register 90(b), 10 New Jersey Register 182(b).
As amended, R.1980 d.140, eff. 4/3/1980.
See: 12 New Jersey Register 102(a), 12 New Jersey Register 248(b).
As amended, R.1982 d.75, eff. 3/15/1982 (operative April 25, 1982).
See: 14 New Jersey Register 66(a), 14 New Jersey Register 277(a).
(a): "$ 12.00" was "$ 11.00";
(a)5i.: "$ 7.00" was "$ 6.00".
As amended, R.1984 d.301, eff. 7/16/1984.
See: 16 New Jersey Register 946(a), 16 New Jersey Register 1966(a).
Section substantially amended.
Amended by R.1986 d.147, effective 5/5/1986.
See: 18 New Jersey Register 448(a), 18 New Jersey Register 938(c).
Charges were received.
Amended by R.1988 d.370, effective 8/1/1988.
See: 20 New Jersey Register 953(a), 20 New Jersey Register 1871(a).
Basic charge schedules raised throughout section.
Amended by R.1990 d.318, effective 6/18/1990.
See: 22 New Jersey Register 1242(c), 22 New Jersey Register 1914(a).
Charges increased and charges for Saturday, Sunday and legal holidays established.
Amended by R.1995 d.456, effective 8/21/1995.
See: 27 New Jersey Register 2035(a), 27 New Jersey Register 3155(d).
Charges were raised.
Amended by R.1999 d.279, effective 8/16/1999.
See: 31 New Jersey Register 1405(a), 31 New Jersey Register 2329(a).
Increased charges.
Amended by R.2003 d.434, effective 11/3/2003.
See: 35 New Jersey Register 2974(a), 35 New Jersey Register 5060(a).
In (a), rewrote 3.

N.J. Admin. Code § 2:71-2.31 Charges; oral agreements between Department of Agriculture and requestor

Charges for inspection or grading and certification services performed pursuant to an oral agreement between the New Jersey Department of Agriculture and the requestor shall be made according to the hourly rate schedule set forth at N.J.A.C. 2:71-2.32.

History

R.1978 d.114, eff. 3/30/1978.
See: 10 New Jersey Register 90(b), 10 New Jersey Register 182(b).
As amended, R.1980 d.140, eff. 4/3/1980.
See: 12 New Jersey Register 102(a), 12 New Jersey Register 248(b).
As amended, R.1984 d.301, eff. 7/16/1984.
See: 16 New Jersey Register 946(a), 16 New Jersey Register 1966(a).
Section substantially amended.

N.J. Admin. Code § 2:71-2.32 Hourly rate charges

(a) The hourly rate charges shall be made according to the following schedule:

A charge of $ 51.00 per hour, or portion thereof, for regular work hours, 8:00 A.M. to 5:00 P.M. on regular workdays, Monday through Friday;
A charge of $ 76.50 per hour, or portion thereof, for work started or completed between 6:00 P.M. and 7:00 A.M. on regular workdays, Monday through Friday.
A charge of $ 76.50 per hour, or portion thereof, for work performed on Saturdays, Sundays, or legal State holidays at the request of the requester.

History

R.1978 d.114, eff. 3/30/1978.
See: 10 New Jersey Register 90(b), 10 New Jersey Register 182(b).
As amended, R.1980 d.140, eff. 4/3/1980.
See: 12 New Jersey Register 102(a), 12 New Jersey Register 248(b).
As amended, R.1982 d.75, eff. 3/15/1982 (operative April 25, 1982).
See: 14 New Jersey Register 66(a), 14 New Jersey Register 277(a).
(a)1: "$ 12.00" was "$ 11.00"; (a)2: "$ 18.00" was "$ 16.50"; (a)3: "$ 18.00" was "$ 16.50."
As amended, R.1984 d.301, eff. 7/16/1984.
See: 16 New Jersey Register 946(a), 16 New Jersey Register 1966(a).
Section substantially amended.
Amended by R.1986 d.147, effective 5/5/1986.
See: 18 New Jersey Register 448(a), 18 New Jersey Register 938(c).
Charges for hourly rates were raised.
Amended by R.1988 d.370, effective 8/1/1988.
See: 20 New Jersey Register 953(a), 20 New Jersey Register 1871(a).
Hourly rate charges raised.
Amended by R.1990 d.318, effective 6/18/1990.
See: 22 New Jersey Register 1242(c), 22 New Jersey Register 1914(a).
Charges increased.
Amended by R.1995 d.456, effective 8/21/1995.
See: 27 New Jersey Register 2035(a), 27 New Jersey Register 3155(d).
Charges were raised.
Amended by R.1999 d.279, effective 8/16/1999.
See: 31 New Jersey Register 1405(a), 31 New Jersey Register 2329(a).
Increased charges.
Amended by R.2003 d.434, effective 11/3/2003.
See: 35 New Jersey Register 2974(a), 35 New Jersey Register 5060(a).
Increased the hourly rate charges throughout.

Subchapter 3 PLANT MATERIALS

N.J. Admin. Code § 2:71-3.1 Standards for plant material

(a) The State Board of Agriculture adopts and promulgates as Official New Jersey Grades the United States Standards for the following plant materials:

Asparagus plumosa;
Christmas trees; and
Tomato plants.

Subchapter 4 JERSEY FRESH MATCHED FUNDS PROGRAM

N.J. Admin. Code § 2:71-4.1 Purpose and scope

(a) This subchapter sets forth an application procedure for Jersey Fresh Matched Funds and sets forth the criteria upon which the New Jersey Department of Agriculture shall evaluate applications.

(b) The Jersey Fresh Matched Funds program provides matching funds grants to organizations whose proposed projects meet the criteria set forth in this subchapter and to be utilized for the market development, promotion and advertisement of New Jersey farm products. Such organizations shall be required to match their Jersey Fresh Matched Funds grant on at least a dollar for dollar basis.

(c) All matched funds shall be used exclusively for the market development, promotion and advertisement of generic New Jersey farm products. The use of individual brand names or company names is strictly prohibited.

(d) Successful applicants may or may not receive their full funding request.

N.J. Admin. Code § 2:71-4.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agricultural organizations" means any New Jersey organization or commodity group whose primary function or duty is to represent the New Jersey agricultural industry or specific New Jersey produced commodities.

"Application" means the official application provided by the New Jersey Department of Agriculture to organizations who wish to apply for Jersey Fresh Matched Funds.

"Department" means the New Jersey Department of Agriculture.

"Farm products" means any agricultural commodity or article of trade produced, grown, or raised on a New Jersey farm.

"Jersey Fresh" means the registered trademark held by the New Jersey Department of Agriculture that is used to advertise and promote New Jersey farm products.

"Matched funds" means the grants that are given by the New Jersey Department of Agriculture pursuant to this subchapter to be matched by the recipient at least on a dollar for dollar basis.

"Secretary" means the Secretary of the New Jersey Department of Agriculture.

N.J. Admin. Code § 2:71-4.3 Application procedure

(a) Agricultural organizations who are interested in receiving matched funds shall obtain an application from the New Jersey Department of Agriculture and return the completed form to the New Jersey Department of Agriculture by a date set by the Secretary of Agriculture. The application form is incorporated herein by reference as the subchapter Appendix A. Applicants shall submit with their applications a completed State of New Jersey W-9/Questionnaire, which can be obtained from the New Jersey Department of Agriculture, Division of Marketing and Development, PO Box 330, Trenton, NJ 08625-0330.

(b) Applicants shall be required to describe in detail the nature and purpose of their organization and their proposed promotional, advertising, or market development project.

(c) The New Jersey Department of Agriculture shall consider applications from groups other than New Jersey agricultural organizations; however, such applications shall be deemed eligible to receive grants only if the organizations represent New Jersey agricultural interests and if the application establishes that the proposed project benefits New Jersey agriculture.

(d) Applications shall be evaluated and awarded based upon the following criteria:

How the proposed project effectively utilizes the existing Jersey Fresh program to best advertise, promote, or market the applicant's respective commodity or New Jersey farm product;
The number of projected participants, audience, or targeted individuals;
How the proposed project will benefit the New Jersey agricultural industry;
The creativity and innovation of the proposed project; and
The feasibility of the proposed project.

N.J. Admin. Code § 2:71-4.4 Requirements of grant recipients

(a) Grant recipients shall provide monetary funding to their proposed project in an amount at least equivalent to the matched fund grant provided by the New Jersey Department of Agriculture. The matched fund grant, together with the funding provided by the applicant itself, shall be used solely for the project which the applicant listed on its application form.

(b) Grant recipients shall use the New Jersey Department of Agriculture's "Jersey Fresh" slogan and/or logo. Use of the slogan and/or logo shall be in accordance with the commodity grades and standards requirements as set forth in this chapter.

In the event that the project will not be completed within the prescribed time frame, the receiving organization shall petition the New Jersey Department of Agriculture for an extension. Such extensions may be granted by the New Jersey Department of Agriculture for a good cause on a case-by-case basis.

(d) Grant recipients shall use these funds solely for market development, advertising and promotion of New Jersey farm products.

(e) Upon completion of their project, grant recipients shall submit a notarized affidavit of performance, incorporated herein by reference as subchapter Appendix B, to the New Jersey Department of Agriculture. Such affidavit shall itemize all expenditures directly incurred with the use of Jersey Fresh Matched Funds. The affidavit shall also show that the grant recipient provided an exact monetary match of the grant received. Such proof of performance shall consist of receipts or canceled checks. Such affidavits shall be sent to the Department within 30 days after the conclusion of the project, or no later than December 31 of the year in which the grant was received.

N.J. Admin. Code § 2:71-4.5 Restrictions

(a) Organizations that receive matched fund grants shall not use these moneys for in-house administrative costs associated with their projects. Examples of in-house administrative costs include, but are not limited to, salaries, equipment, rent and insurance.

(b) All promotion and advertising with grant money shall be generic in nature. Organizations which receive matched fund grants shall not promote or advertise individual brand names or company names with grant money.

Subchapter 5 MARKING OPEN AND CLOSED PACKAGES OF POTATOES

N.J. Admin. Code § 2:71-5.1 General provisions; purpose

The following sections of this subchapter are adopted by the State Board of Agriculture to effect administration and enforcement of chapter 116, Laws of 1963, and chapter 164, Laws of 1974, under authority prescribed therein.

History

As amended, R.1975 d.81, eff. 4/1/1975.
See: 7 New Jersey Register 91(a), 7 New Jersey Register 190(b).

N.J. Admin. Code § 2:71-5.2 Grades on potato package

(a) Every package of potatoes shall be classified as meeting the requirements of one of the United States grades, or of "unclassified", or of "culls".

(b) Use of such terms as "ungraded", "field run", "pick outs", or any other term, not specified in the act, to indicate grade or quality, is prohibited.

N.J. Admin. Code § 2:71-5.3 Markings of potato package

(a) All required marking shall be clear and legible, plainly painted, stenciled or stamped.

(b) Labels used in connection with transparent film type packages shall, if inserted, be placed face out in a conspicuous manner and position.

(c) All packages shall contain the required markings whether they are master containers or packages within master containers.

(d) The following schedule of labeling shall prevail:

For packages containing less than 10 pounds, all required marking shall be at least 3/16 inch in height.
For packages containing 10 or more and less than 50 pounds, all required marking shall be at least 3/8 inch in height.
For packages containing 50 pounds or more, all required markings shall be at least 5/8 inch in height.

(e) Whenever the words "unclassified" or "culls" are used, they shall be at least one inch in height.

History

As amended, R.1975 d.81, eff. 4/1/1975.
See: 7 New Jersey Register 91(a), 7 New Jersey Register 190(b).

N.J. Admin. Code § 2:71-5.4 Tags

When tags are used, all required markings shall be at least 5/8 inch in height, and whenever the words "unclassified" or "culls" are used, they shall be at least one inch in height.

History

As amended, R.1975 d.81, eff. 4/1/1975.
See: 7 New Jersey Register 91(a), 7 New Jersey Register 190(b).

N.J. Admin. Code § 2:71-5.5 Invoices and/or manifests (bills of lading)

All persons selling, offering for sale or transporting for sale in this State potatoes in open or closed packages for processing or repacking purposes shall furnish the buyer an invoice and/or manifest covering each sale of such potatoes stating that the potatoes are for processing or repacking. Any lot of potatoes not accompanied by such document shall be considered as coming under the provisions of this act.

History

As amended, R.1975 d.381, eff. 1/1/1976.
See: 7 New Jersey Register 538(b), 8 New Jersey Register 54(a).

N.J. Admin. Code § 2:71-5.6 Prohibition of sale

(a) Packages of potatoes found improperly marked in violation of the act shall be tagged or otherwise appropriately identified by the secretary or his duly authorized representative, thus giving notice that such packages are misbranded, mislabeled or misrepresented, and warning all persons not to remove or dispose of such potatoes, by sale or otherwise, until such potatoes are properly branded or labeled, and permission to dispose of them has been granted by the secretary or his duly authorized representative.

(b) It shall be a violation of the act, or the rules and regulations pursuant thereto, for any person to remove or dispose of potatoes so seized, by sale or otherwise, without this permission.

N.J. Admin. Code § 2:71-5.7 Responsibility of packer or repacker

(a) Final determination of compliance with the act and its regulations shall be based upon the facts available at the time and place of inspection. The possessor, however, is responsible for maintaining the grade, whether he be grower, packer or repacker, shipper, dealer, distributor or retailer. Lots of potatoes that fail to comply with the act and its regulations shall be relabeled or regraded to meet compliance.

(b) In interpreting the word "person" in chapter 164, Laws of 1974, the New Jersey Department of Agriculture shall assess a penalty against the individual found responsible for the violation at the specific place involved.

History

As amended, R.1975 d.81, eff. 4/1/1975.
See: 7 New Jersey Register 91(a), 7 New Jersey Register 190(b).
As amended, R.1975 d.126, eff. 5/16/1975.
See: 7 New Jersey Register 247(a).

Subchapter 6 "JERSEY BRED" LOGO

N.J. Admin. Code § 2:71-6.1 Scope and purpose

A New Jersey producer of horses or 4-H market lambs or an organization of New Jersey producers of horses or 4-H market lambs is permitted to make application to the New Jersey Department of Agriculture for the use of the "Jersey Bred" logo in marketing their horses or 4-H market lambs.

N.J. Admin. Code § 2:71-6.2 Definitions

For the purposes of this subchapter, the following words and terms shall have the following meanings unless the context clearly indicates otherwise.

"Born" means brought forth by birth.

"Foaled" means to give birth to a horse or pony.

"4-H market lamb" means a lamb raised by a member of a 4-H program to be sold at a State or county market or fat lamb sale.

"Horses" includes horses, ponies, donkeys and mules and miniature breeds.

"Producer" means a farmer that owns and maintains animals in New Jersey.

N.J. Admin. Code § 2:71-6.3 Use of "Jersey Bred" as the logo for any "Jersey Bred Program"

(a) The New Jersey Department of Agriculture approves the use of Jersey Bred in conjunction with the New Jersey map symbol under provisions of N.J.S.A. 4:10-5 and 4:10-15 as an official emblem for identifying New Jersey bred horses and 4-H market lambs.

(b) Only those persons, firms, partnerships, corporations or associations licensed to use the Jersey Bred logo shall be permitted to attach or have it imprinted upon any documents related to their horses and 4-H market lambs or to employ its use in advertising or in any manner whatsoever. Layout of proposed advertising to be used for the marketing of Jersey Bred horses and 4-H market lambs shall be submitted for approval by the Division of Marketing and Development, New Jersey Department of Agriculture, in advance of their manufacture and use.

(c) Any person, firm, partnership, corporation or association wishing to employ the Jersey Bred logo to be used in marketing New Jersey produced horses and 4-H market lambs shall make application to the New Jersey Department of Agriculture for a license to do so. The application shall be made in writing, upon a form provided by the Department for this purpose. The application shall reveal the name and address of the user, the type of animal for which the user is seeking a license and other such information as is deemed necessary for enforcement of the Jersey Bred program. The Department will hold confidential any information provided in the application which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.

(d) All applications approved for issuance of license shall have the license granted for the period of one year commencing July 1. Licenses shall be renewed annually upon application filed with the Department 60 days prior to the date of July 1.

(e) A fee of $ 30.00 shall accompany the application form and shall be made payable to the New Jersey Farm Products Publicity Fund. If an applicant is deemed ineligible, the fee shall be refunded.

(f) When a license holder discontinues use of the Jersey Bred logo, fails to renew his or her license when required or has his or her license revoked, he or she shall be prohibited from its use in any manner, including, but not limited to, stationery, forms, advertising on billboards or other signs or on trucks or car panels.

(g) The configuration of the Jersey Bred Logo is as follows:

Click here to view

(h) All horses and 4-H market lambs marketed under the "logo" program shall be produced in New Jersey under the conditions set forth in N.J.A.C. 2:71-6.4 and 6.5.

(i) Any licensed producer using the Jersey Bred logo for horses and 4-H market lambs without satisfying the requirements set forth in N.J.A.C. 2:71-6.4 and 6.5, any unlicensed producer using the Jersey Bred logo, or anyone violating any provision of N.J.S.A. 4:10-14 shall be subject to a penalty of not more than $ 100.00 for the first offense and not more than $ 200.00 for each subsequent offense, except for violations of N.J.S.A. 4:10-5, which penalty shall be $ 100.00. Whenever an offense involves false, misleading, or improper labeling of farm products, each package shall constitute a separate offense.

(j) After the second violation of any part of this subchapter by the same licensed producer during the same calendar year, the license to use the Jersey Bred logo shall be revoked for the remainder of the license year. A preliminary determination of revocation made by the Department shall be reviewed and approved by the State Board.

(k) Orders for penalties or to enjoin continuing violations may be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999." The Superior Court and the Municipal Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999."

(l) Upon revocation of a license, a producer may reapply for a license for the next license year.

History

Amended by R.2009 d.98, effective 4/6/2009.
See: 40 N.J.R. 6261(a), 41 N.J.R. 1392(a).
Updated the Jersey Bred logo in (g).
Amended by R.2013 d.040, effective 2/19/2013.
See: 44 N.J.R. 2417(a), 45 N.J.R. 329(b).
In (i), substituted "$ 100.00" for "$ 50.00" twice and "$ 200.00" for "$ 100.00", inserted a comma following "N.J.S.A. 4:10-5", and inserted the last sentence; and rewrote (k).

N.J. Admin. Code § 2:71-6.4 Horses

(a) A Jersey Bred pleasure horse shall meet all requirements set forth in N.J.A.C. 2:34-2.1(b).

(b) A Jersey Bred Standardbred shall meet all requirements set forth in N.J.A.C. 2:32-2.2.

N.J. Admin. Code § 2:71-6.5 4-H market lambs

All 4-H market lambs born in the State of New Jersey will be eligible for the use of the Jersey Bred logo as long as the ewe has been in the State for the last trimester (50 days) of her pregnancy.

Subchapter 7 "JERSEY GROWN" LOGO

N.J. Admin. Code § 2:71-7.1 Scope and purpose

(a) A New Jersey farmer, grower, or producer of agricultural or horticultural products is permitted to make application to the New Jersey Department of Agriculture for the use of the "Jersey Grown" logo if they satisfy the following:

A New Jersey producer of nursery stock, plant material, or ornamental annual plant material, who is certified pursuant to N.J.A.C. 2:16 to sell or distribute nursery stock or plant material and who complies with the applicable requirements set forth in N.J.A.C. 2:71-7.4 and 7.9;
A New Jersey grower of cut Christmas trees who complies with the requirements set forth in N.J.A.C. 2:71-7.5;
A New Jersey grower of turfgrass sod who complies with the requirements set forth in N.J.A.C. 2:16-7 and N.J.A.C. 2:71-7.6;
A New Jersey firewood producer who complies with the requirements set forth in N.J.A.C. 13:47C-3.1 and 2:71-7.7; or
A New Jersey sunflower seed (not for human consumption) producer who complies with the requirements set forth in N.J.A.C. 2:71-7.8.

History

Amended by R.2006 d.424, effective 12/4/2006.
See: 38 N.J.R. 3345(a), 38 N.J.R. 4994(a).
Added final sentence.
Repeal and New Rule, R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Section was "Scope and purpose".
Amended by R.2013 d.040, effective 2/19/2013.
See: 44 N.J.R. 2417(a), 45 N.J.R. 329(b).
In the introductory paragraph of (a), inserted a comma following "grower"; and in (a)1, substituted a comma for "or" following "stock", and inserted "or ornamental annual plant material,", "applicable", "N.J.A.C." and "and 7.9".

N.J. Admin. Code § 2:71-7.2 Definitions

For the purposes of this subchapter, the following words and terms shall have the following meanings unless the context clearly indicates otherwise.

"Agriculture" means the production of plants and animals useful to man, including all forms of farm products and farm production.

"Certificate" means a document authorized or prepared by a duly authorized Federal or State regulatory official that affirms, declares, or verifies that an article, nursery stock, plant, product, shipment or any other officially regulated article meets phytosanitary (quarantine), nursery inspection, pest freedom, plant registration or certification, or other set of legal requirements (N.J.S.A. 4:7-15 et seq.).

"Certification" means the act, by a duly authorized regulatory official of the Department, of affirming, declaring, or verifying compliance with nursery inspection, pest freedom, plant registration or certification, or any other set of legal requirements.

"Cut Christmas tree" means sheared stock of the coniferous species which are normally cut and marketed as Christmas trees or holiday trees and include the following species:

Leyland Cypress ( Cupressocyparis Leylandii );

Douglas Fir ( Pseudotsuga Menziesii );
Balsam Fir ( Abies Balsamea );
Canaan Fir ( Abies Balsamea var. Phanerolepis );
Red Fir ( Abies Magnifica );
White Fir ( Abies Concolor );
Fraser Fir ( Abies Fraseri );
Grand Fir ( Abies Grandis );
Noble Fir ( Abies Procera );
White Spruce ( Picea Glauca );
Blue Spruce ( Picea Pungens );
Norway Spruce ( Picea Abies );
Eastern Red Cedar ( Juniperus Virginiana );
Red Pine ( Pinus Resinosa );
White Pine ( Pinus Strobus );
Southwestern White Pine ( Pinus Strobiformis );

Virginia Pine ( Pinus Virginiana ); and

Scotch Pine ( Pinus Sylvestris ).

"Grower" means, but is not limited to, any person who raises, grows or propagates cut Christmas trees or turfgrass sod, whether for profit or other reasons, or whether outdoors or indoors.

"Nursery" means any location where nursery stock is grown, propagated, stored, or sold; or any location from which nursery stock is distributed direct to a customer.

"Nursery Certificate" is a document issued by the Department indicating that the nursery stock was inspected pursuant to N.J.S.A. 4:7-15 et seq. and certified to be apparently free of dangerously injurious insects, highly invasive weed plants and plant diseases. The certificate is valid for one calendar year or until a subsequent inspection finds infestation of dangerously injurious plant pests or diseases.

"Nursery stock" means all plants, trees, shrubs, and vines grown for sale, as well as grafts, cuttings, and buds and other parts of plants that may be sold for propagation, whether cultivated or wild; but shall not include herbaceous annuals or plants, flowers, vines or cuttings grown under glass and commonly known as florists' stock.

"Ornamental annual plant material" means annuals or bedding plants not to include any fruit or vegetable plants.

"Plant material" includes any part of a plant, tree, aquatic plant, plant product, shrub, vine, fruit, rhizome, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or fruit pit.

"Plant material" includes any part of a plant, tree, aquatic plant, plant product, plant material, shrub, vine, fruit, rhizome, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or fruit pit.

"Plant pest" includes, but is not limited to: any pest of plants, agricultural commodities, crop seed, farm products, horticultural products, nursery stock, or non-cultivated plants. This includes, but is not limited to: insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma like organisms, weeds, plants, or parasitic higher plants.

"Producer" means a farmer who raises, grows, propagates or maintains, for profit or other reasons, outdoors or indoors, any horticultural product, plant material or nursery stock in New Jersey.

"Secretary" means the Secretary of the State of New Jersey Department of Agriculture or his or her designee.

"Sell" means an offer for sale, expose for sale, possess for sale, exchange, barter, or trade.

History

Amended by R.2006 d.424, effective 12/4/2006.
See: 38 N.J.R. 3345(a), 38 N.J.R. 4994(a).
Added definition "Cut Christmas tree"; in definition "Grower", inserted "cut Christmas trees, whether" and "or whether" and deleted ", any horticultural product, nursery stock, or plant" from the end; and rewrote definition "Producer".
Amended by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
In definition "Grower", deleted a comma following "grows", and inserted "or turfgrass sod".
Amended by R.2013 d.040, effective 2/19/2013.
See: 44 N.J.R. 2417(a), 45 N.J.R. 329(b).
Added definition "Ornamental annual plant material"; and in definition "Plant material", deleted "plant material," following "plant product,".

N.J. Admin. Code § 2:71-7.3 Use of the "Jersey Grown" logo

(a) The New Jersey Department of Agriculture approves the use of "Jersey Grown" in conjunction with the New Jersey map symbol under the provisions of N.J.S.A. 4:10-5 and 4:10-15 as an official emblem for identifying New Jersey produced nursery stock, plant material, turfgrass sod, firewood, sunflower seeds (not for human consumption), cut Christmas trees, and ornamental annual plant material.

(b) Persons, firms, partnerships, corporations, or associations must first obtain a valid nursery certificate, issued by the Division of Plant Industry pursuant to N.J.A.C. 2:16, before applying to utilize the "Jersey Grown" logo on plant material, nursery stock, or ornamental annual plant material and must be licensed in accordance with this section and comply with the applicable requirements of N.J.A.C. 2:71-7.4 and 7.9. Persons, firms, partnerships, corporations, or associations utilizing the "Jersey Grown" logo on cut Christmas trees must be licensed in accordance with this section and comply with the requirements of N.J.A.C. 2:71-7.5. Persons, firms, partnerships, corporations, or associations utilizing the "Jersey Grown" logo on turfgrass sod must be licensed in accordance with this section and comply with the requirements of N.J.A.C. 2:71-7.6. Persons, firms, partnerships, corporations, or associations utilizing the "Jersey Grown" logo on firewood must be licensed in accordance with this section and comply with the requirements of N.J.A.C. 13:47C-3.1 and 2:71-7.7. Persons, firms, partnerships, corporations, or associations utilizing the "Jersey Grown" logo on sunflower seeds (not for human consumption) must be licensed in accordance with this section and comply with the requirements of N.J.A.C. 2:71-7.8. No nursery certificate is needed for cut Christmas trees, turfgrass sod, firewood, or sunflower seeds (not for human consumption).

(c) Only those persons, firms, partnerships, corporations, or associations licensed to use the "Jersey Grown" logo shall be permitted to attach or have it imprinted upon any documents related to their nursery stock, plant material, turfgrass sod, firewood, sunflower seeds (not for human consumption), cut Christmas trees, or ornamental annual plant material or to employ its use in advertising or in any manner whatsoever. Layout of proposed advertising to be used for the marketing of "Jersey Grown" plants and nursery stock shall be submitted for approval to the Division of Marketing and Development, New Jersey Department of Agriculture, in advance of their manufacture and use.

(d) Any person, firm, partnership, corporation, or association wishing to employ the "Jersey Grown" logo in marketing New Jersey produced plant materials, nursery stock, turfgrass sod, firewood, sunflower seeds (not for human consumption), cut Christmas trees, or ornamental annual plant material shall make application to the New Jersey Department of Agriculture for a license to do so. The application shall be made in writing, upon a form provided by the Department for this purpose. The application shall reveal the name, address, and nursery certificate of the user, the type of plant material, nursery stock, or cut Christmas tree for which the user is seeking a license and other such information as is deemed necessary for enforcement of the "Jersey Grown" program. The Department will hold confidential any information provided in the application that constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under the Open Public Records Act, N.J.S.A. 4:1A-1 et seq., subject to the limitations set forth therein.

(f) A non-refundable fee of $ 30.00 shall accompany the application form and shall be made payable to the New Jersey Farm Products Publicity Fund.

(g) When a license holder discontinues use of the Jersey Grown logo, fails to renew his license when required or has his license revoked, he shall be prohibited from its use in any manner, including, but not limited to, stationery, forms, advertising on billboards or other signs or on trucks or car panels.

(h) The configuration of the Jersey Grown logo is as follows:

Click here to view

(i) All nursery stock marketed under the logo program shall be propagated and/or grown in New Jersey for a period of at least six months prior to retail sale under the conditions set forth in this section and N.J.A.C. 2:71-7.4. All cut Christmas trees marked under the logo program shall be propagated and/or be grown in New Jersey for a period of at least four years prior to retail sale under the conditions set forth in N.J.A.C. 2:71-7.5. All turfgrass sod marketed under the logo shall be grown in New Jersey for a period of at least eight months prior to retail sale under the conditions set forth in N.J.A.C. 2:71-7.6. All firewood marketed under the program shall be harvested from trees grown in New Jersey private forestlands managed under an approved woodland management plan under the conditions set forth in N.J.A.C. 2:71-7-7. All sunflower seeds (not for human consumption) marketed under the program shall be grown in New Jersey under the conditions set forth in N.J.A.C. 2:71-7.8. All ornamental annual plant material marketed under the logo program shall be produced (meaning grown to finish) in New Jersey under the conditions set forth in N.J.A.C. 2:71-7.9.

(j) Any licensed producer using the "Jersey Grown" logo for nursery stock, plant material, or ornamental annual plant material without satisfying the applicable requirements set forth in this section and N.J.A.C. 2:71-7.4 and 7.9, any licensed grower using the "Jersey Grown" logo for cut Christmas trees without satisfying the requirements set forth in this section and N.J.A.C. 2:71-7.5, any licensed grower using the "Jersey Grown" logo for turfgrass sod without satisfying the requirements set forth in this section and N.J.A.C. 2:71-7.6, any licensed producer using the "Jersey Grown" logo for firewood without satisfying the requirements set forth in this section and N.J.A.C. 2:71-7.7, any licensed producer using the "Jersey Grown" logo for sunflower seeds (not for human consumption) without satisfying the requirements set forth in this section and N.J.A.C. 2:71-7.8, any unlicensed or uncertified producer or grower using the "Jersey Grown" logo or anyone violating any provision of N.J.S.A. 4:10-14 shall be subject to a penalty of not more than $ 100.00 for the first offense and not more than $ 200.00 for each subsequent offense, except for violations of N.J.S.A. 4:10-5, which penalty shall be $ 100.00. Whenever an offense involves false, misleading, or improper labeling of farm products, each package shall constitute a separate offense.

(k) After the second violation of any part of this subchapter by the same licensed producer or grower during the same calendar year, the license to use the "Jersey Grown" logo shall be revoked for the remainder of the license year.

(l) The Division of Marketing and Development shall make an initial determination as to whether to deny an initial license, or revoke a license as provided in subsections (j) and (k) of this section.

(m) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (l) above, shall, upon written request transmitted to the Department within 20 days of the license denial, or notice of intent to revoke a license, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

Requests for hearings shall be sent to Director, Division of Marketing and Development, N.J. Department of Agriculture, PO Box 330, Trenton, New Jersey 08625-0330.

(n) The State Board of Agriculture shall make a final determination as to whether to deny or revoke a license following a hearing as provided in (m) above.

(o) Orders for penalties or to enjoin continuing violations may be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999." The Superior Court and the Municipal Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999."

(p) Upon revocation of a license, a producer or grower may reapply for a license for the next license year.

History

Amended by R.2006 d.424, effective 12/4/2006.
See: 38 N.J.R. 3345(a), 38 N.J.R. 4994(a).
In (a), inserted "and cut Christmas trees"; in (b), (c), (d) and (j), inserted quotation marks around "Jersey Grown" throughout; in (b), inserted "on plant material or nursery stock" and added last sentence; in (c), inserted "nursery stock," and "or cut Christmas trees"; in (d), deleted "and " following "plant materials,", inserted ", and cut Christmas trees", substituted a comma for "or" following "plant material" and inserted "or cut Christmas tree"; in (i), deleted quotation marks around "logo" and added last sentence; in (j), inserted "any licensed grower using the 'Jersey Grown' logo for cut Christmas trees without satisfying the requirements set forth in this section and N.J.A.C. 2:71-7.5," and "or grower"; and in (k) and (p), inserted "or grower".
Amended by R.2009 d.98, effective 4/6/2009.
See: 40 N.J.R. 6261(a), 41 N.J.R. 1392(a).
Updated the Jersey Grown logo in (h).
Amended by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
In (a) and (c), inserted ", turfgrass sod, firewood, sunflower seeds (not for human consumption)"; in (d), inserted "turfgrass sod, firewood, sunflower seeds (not for human consumption)"; rewrote (b) and (j); and in (i), inserted the last three sentences.
Amended by R.2010 d.128, effective 6/21/2010.
See: 42 N.J.R. 8(a), 42 N.J.R. 1139(a).
In (i), deleted "or from State lands in accordance with the New Jersey Forest Service Commercial Firewood Program" following "plan".
Amended by R.2013 d.040, effective 2/19/2013.
See: 44 N.J.R. 2417(a), 45 N.J.R. 329(b).
Rewrote (a), (b), (c), (d), (i), (j), and ( o).

N.J. Admin. Code § 2:71-7.4 Plant material and nursery stock

(a) Pursuant to the authority of N.J.A.C. 1:30-2.2, the Department hereby adopts and incorporates by reference, the American National Standards Institute, "American Standard for Nursery Stock," ANSI Z60.1-1996 as the standard for the nursery stock. All nursery stock shall meet or exceed the nursery stock and plant standards set forth the American Nursery and Landscape Association ANSI Z60.1-1996.

Copies may be obtained by contacting the American Nursery and Landscape Association, 1250 I Street, N.W., Suite 500, Washington, DC 20005.

A copy is on file in the Director's office--Division of Plant Industry, New Jersey Department of Agriculture, PO Box 330, Trenton, New Jersey 08625-0330.

(b) All nursery stock, plant material, and ornamental annual plant material marketed under this program shall be maintained free of injurious insects and plant diseases. Pursuant to the authority of N.J.A.C. 1:30-2.2, the Department hereby adopts and incorporates by reference, as amended and supplemented, the Rutgers Cooperative Extension publications "Pest Control Recommendations for Shade Tree and Commercial Nursery Crops" (E036T), "Pest Control Recommendations for Commercial Flower Growers" (E038), and Insect Control Recommendations for Shade Trees and Commercial Nursery Crops, 2011" (E334) for use as guides by New Jersey plant and nursery stock producers to ensure freedom from injurious plant pests and diseases.

Copies of the publications in this subsection are available free of charge on the Rutgers Cooperative Extension website at http://njaes.rutgers.edu/pubs.
Copies of the publications in this subsection are on file in the Director's office--Division of Plant Industry, New Jersey Department of Agriculture, PO Box 330, Trenton, New Jersey 08625-0330.

(c) All nurseries and plant producers shall be certified by the Department of Agriculture, Division of Plant Industry in accordance with N.J.A.C. 2:16 and N.J.A.C. 2:18-1.1 through 1.6.

History

Amended by R.2013 d.040, effective 2/19/2013.
See: 44 N.J.R. 2417(a), 45 N.J.R. 329(b).
Rewrote (b); and deleted (d).

N.J. Admin. Code § 2:71-7.5 Cut Christmas trees

(a) Pursuant to the authority of N.J.A.C. 1:30-2.2, the Department hereby adopts and incorporates by reference, the "United States Standards for Grades of Christmas Trees" § 51.3085 through 51.3106, effective October 30, 1989 and reprinted January 1997, as amended and supplemented, as the standard for cut Christmas trees. All cut Christmas trees utilizing the "Jersey Grown" logo shall meet or exceed the standards set forth at § 51.3087 for grade "U.S. No. 1".

(b) Copies of the "United States Standards for Grades of Christmas Trees" may be obtained from the following:

U.S. Department of Agriculture, Agricultural Marketing Service, Fresh Products Branch Standardization Section, Fruit and Vegetable Programs, 1400 Independence Ave, SW Room 2065-S, Stop Code 0240, Washington, D.C. 20250-0240;
Online at the Agricultural Marketing Service website: http://www.ams.usda.gov/standards/christtr.pdf;
The Director's office - Division of Marketing and Development, New Jersey Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625-0330; or
The Executive Secretary's office - New Jersey Christmas Tree Growers Association, P.O. Box 211, Stockton, NJ

(c) Leyland Cypress, Norway Spruce, Southwestern White Pine and Canaan Fir, which are not listed in the United States Standards for Grades of Christmas Trees, shall comply with all listed standards with the exception of the density standards, defined at § 51.3097, which shall be as follows:

Heavy Density:

i. Norway Spruce = 80 to 100 percent;

ii. Leyland Cypress = 90 to 100 percent;

iii. Southwestern White Pine = 90 to 100 percent; and

iv. Canaan Fir = 70 to 100 percent;

Medium Density:

i. Norway Spruce = 60 to 80 percent;

ii. Leyland Cypress = 70 to 90 percent;

iii. Southwestern White Pine = 70 to 90 percent; and

iv. Canaan Fir = 50 to 70 percent; and

Light Density:

i. Norway Spruce = 40 to 60 percent;

ii. Leyland Cypress = 50 to 70 percent;

iii. Southwestern White Pine = 50 to 70 percent; and

iv. Canaan Fir = 40 to 50 percent.

(d) In addition to the requirements set forth in (a) above, all cut Christmas trees shall be grown in New Jersey for a period of at least four years prior to retail sale.

History

New Rule, R.2006 d.424, effective 12/4/2006.
See: 38 N.J.R. 3345(a), 38 N.J.R. 4994(a).

N.J. Admin. Code § 2:71-7.6 Turfgrass sod

(a) All turfgrass sod marketed under the program shall meet or exceed the standards set forth at N.J.A.C. 2:16-7, Turfgrass Sod, or shall meet the conditions set forth in (b) below.

(b) Growers who do not meet or exceed the standards set forth in N.J.A.C. 2:16-7 solely because the turfgrass species and varieties they wish to utilize are not yet approved by the Turfgrass Extension Specialist, SEBS, Rutgers, the State University, must obtain Department approval prior to planting. To be eligible for Department approval, all turfgrass species and varieties must be recognized and recommended by appropriate specialists at other universities as suitable for growing under New Jersey conditions. Plantings approved by the Department will be considered pilot projects for a period not to exceed five years.

(c) Licensed individuals or entities must satisfy all the conditions set forth in N.J.A.C. 2:71-7.3 and N.J.S.A. 4:10-5 and 4:10-14 and pay a $ 3.00 inspection fee for each acre entered.

History

New Rule, R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).

N.J. Admin. Code § 2:71-7.7 Firewood

(a) All firewood marketed under the program shall meet or exceed the New Jersey Office of Weights and Measures standards set forth at N.J.A.C. 13:47C-3.1, Cordwood and Firewood.

(b) All firewood marketed under the program shall be harvested from trees grown in New Jersey from private forestlands managed under a forest management plan approved by a Forester, certified by the Society of American Foresters or by another certification entity which can demonstrate standards of comparable rigor.

(c) All firewood marketed under the program shall conform to the requirements set forth at N.J.A.C. 2:20, Quarantines, to ensure that firewood is not moved outside regulated areas unless accompanied by a valid certificate or limited permit issued by the United States Department of Agriculture, Animal and Plant Health Inspection Service or the Department.

(d) Licensed individuals or entities must satisfy all the conditions set forth in N.J.A.C. 2:71-7.3 and N.J.S.A. 4:10-5 and 4:10-14.

History

New Rule, R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Amended by R.2010 d.128, effective 6/21/2010.
See: 42 N.J.R. 8(a), 42 N.J.R. 1139(a).
Rewrote (b).

N.J. Admin. Code § 2:71-7.8 Sunflower seeds (not for human consumption)

(a) All sunflower seeds marketed under the program shall meet the following standards:

Purity: Minimum 98 percent;
Test weight: Minimum 27 lbs/Bu;
Moisture: Maximum 10 percent;
Heat damage: Maximum two percent;
Insect damaged seed: Maximum five percent; and
Other factors: No mold, objectionable odor or live infestation present at time of delivery and shall not contain any prohibited noxious weed seed pursuant to N.J.A.C. 2:21-4.1.

History

New Rule, R.2009 d.296, effective 10/5/2009 (operative March 31, 2010).
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
Amended by R.2010 d.128, effective 6/21/2010.
See: 42 N.J.R. 8(a), 42 N.J.R. 1139(a).
In (a)4, substituted "two" for "five" and deleted "and" from the end; added new (a)5; recodified former (a)5 as (a)6; and in (a)6, deleted "; US No. 2 or better, not for human consumption" following "delivery".

N.J. Admin. Code § 2:71-7.9 Ornamental annual plant material

(a) Plants shall have enough healthy roots to hold their root ball intact when removed from their growing container.

(b) Plants must have a canopy large enough to cover the soil when viewed from above and or have a stem caliper large enough to support its normal canopy or floral display.

(d) Plant foliage should be in a normal state of growth and not overly hardened or stunted.

(e) Plants shall be free of all disease, physiological defects, and physical injury.

(f) Containers shall be free from the presence of any foreign plants (weeds, grasses, etc.).

(g) Each bedding plant package must have a care/culture tag and an identification tag correctly specifying the common name and the botanical genus and species of the plant in the package.

History

New Rule, R.2013 d.040, effective 2/19/2013.
See: 44 N.J.R. 2417(a), 45 N.J.R. 329(b).

Subchapter 8 "JERSEY ORGANIC" LOGO

N.J. Admin. Code § 2:71-8.1 Scope and purpose

A New Jersey "Jersey Organic" producer or handler who is certified by a United States Department of Agriculture, National Organic Program Accredited Certifying Agent to sell or distribute products identified as organic agricultural products is permitted to make application to the New Jersey Department of Agriculture for a license to use the "Jersey Organic" logo in marketing agricultural commodities.

History

Amended by 55 N.J.R. 2471(a), effective 12/18/2023

N.J. Admin. Code § 2:71-8.2 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings. Words of art undefined in the following paragraphs shall have the meaning attributed to them by trade usage or general usage as reflected by definition in a standard dictionary, such as Webster's.

"Agricultural commodities" means any fresh fruits, vegetables, ornamental, horticultural and floricultural products listed in N.J.A.C. 2:71-2.4.

"Certified" means an entity determined to be in compliance with the United States Department of Agriculture, National Organic Program, 7 CFR Part 205.

"Certifying agent" means any entity accredited by the United States Secretary of Agriculture as a certifying agent pursuant to the National Organic Program, 7 CFR Part 205.

"Crops" means a plant or part of a plant intended to be marketed as an agricultural product or fed to livestock.

"Department" means the New Jersey Department of Agriculture.

"Handler" means any person engaged in the business of handling agricultural products, including producers who handle crops or livestock of their own production, except such term shall not include final retailers of agricultural products that do not process agricultural products. For the purposes of this definition, handling shall include the selling, processing or packaging of agricultural products and shall not include the sale, transportation of delivery of crops or livestock by the producer thereof to a handler.

"Livestock" means any cattle, sheep, goat, swine, poultry, or equine animals used for food or in the production of food, fiber, feed, or other agricultural-based consumer products; wild or domesticated game; or other non-plant live, except such term shall not include aquatic animals or bees for the production of food, fiber, feed, or other agricultural-based consumer products.

"Producer" means a person who engages in the business of growing or producing food, fiber, feed and other agricultural-based consumer products.

"Organic" means a labeling term that refers to any agricultural products produced in accordance with the National Organic Program, 7 CFR Part 205.

"Organic certification number" means the identification number listed on the organic certification certificate issued to the organic producer or handler.

"Retailer" means a restaurant, delicatessen, bakery, grocery store, or any retail outlet with an in-store restaurant, delicatessen, bakery, salad bar or other eat-in or carry-out service of processed or prepared raw and ready-to-eat food.

History

Amended by 55 N.J.R. 2471(a), effective 12/18/2023

N.J. Admin. Code § 2:71-8.3 Use of the "Jersey Organic" logo

(a) The Department approves the use of "Jersey Organic" in conjunction with the New Jersey map symbol under provisions of N.J.S.A. 4:10-5 and 4:10-15 as an official emblem for identifying New Jersey produced organic products.

(b) The configuration of the "Jersey Organic" logo is as follows:

Click here to view

(c) Persons, firms, partnerships, corporations, cooperatives, or associations must possess a valid organic certificate, issued from a certifying agent in order to apply for and utilize the "Jersey Organic" logo.

(d) Only those persons, firms, partnerships, corporations, cooperatives or associations licensed to use the "Jersey Organic" logo pursuant to N.J.A.C. 2:71-8.4, shall be permitted to attach or imprint it upon any documents, labels, packages or containers related to their products or to employ its use in advertising or in any manner whatsoever. Layout of proposed advertising to be used for the marketing of "Jersey Organic" agricultural products must be submitted to and approved by the Department's Division of Marketing and Development in advance of its manufacture and/or use. Advertising layouts will be evaluated based upon the following criteria:

The color scheme of the advertisement;
The font used;
The configuration, color, and size of the logo;
Placement of the logo;
The advertising medium used; and
Consistency with the wholesome image of the "Jersey Fresh" Promotional Program.

(e) When a license holder discontinues use of the "Jersey Organic" logo, fails to renew its license when required or has its license revoked, the license holder shall be prohibited from its use in any manner, including, but not limited to, stationery, forms, advertising on billboards or other signs or on trucks or car panels.

(f) All agricultural organic commodities marketed under the "Jersey Organic" logo program must comply with the specific grades and standards for each commodity as set forth at N.J.A.C. 2:71-1, 2, and 5 and meet the conditions for organic certification set forth at 7 CFR Part 205 . Persons, firms, partnerships, corporations, cooperatives, or associations are prohibited from using the "Jersey Organic" logo on any agricultural commodity that does not meet the requirements of this subchapter.

(g) All unlicensed and/or uncertified persons, firms, partnerships, corporations, cooperatives or associations shall be prohibited from using the "Jersey Organic" logo in any manner.

History

Amended by 55 N.J.R. 2471(a), effective 12/18/2023

N.J. Admin. Code § 2:71-8.4 Licensing

(a) Any producer or handler wishing to employ the "Jersey Organic" logo shall make application to the New Jersey Department of Agriculture for a license to do so. The application shall be made in writing, upon a form provided by the Department for this purpose. The application shall identify the name, address and organic certification number of the user, the commodities for which the user is seeking a license and other such information as the Department deems necessary for the enforcement of the "Jersey Organic" logo program. Applications can be obtained by contacting the Department at Director, Division of Marketing and Development, N.J. Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625-0330.

(b) All applications approved for issuance of a license shall have the license granted for the period of one year commencing April 1. Licenses shall be renewed annually upon application filed with the Department 60 days prior to April l of each year.

(c) A non-refundable annual fee of $ 30.00 shall accompany all initial and license renewal application forms and shall be made payable to the New Jersey Farm Products Publicity Fund.

(d) The Department will hold confidential any information provided in the application which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.

(e) The Division of Marketing and Development shall make an initial determination as to whether to deny an initial license or an annual license renewal pursuant to (a) and (b) above, or revoke a license as provided in N.J.A.C. 2:71-8.5(b).

N.J. Admin. Code § 2:71-8.5 Penalties

(a) Any person, firm, partnership, corporation, cooperative, or association using the "Jersey Organic" logo for organic agricultural commodities without satisfying the requirements set forth at 7 CFR Part 205 or this subchapter, any unlicensed or uncertified producer or handler using the "Jersey Organic" logo, or anyone violating any provision at N.J.S.A. 4:10-1 et seq., shall be subject to a penalty of not more than $ 100.00 for the first offense and not more than $ 200.00 for each subsequent offense, except for violations at N.J.S.A. 4:10-5, which penalty shall be $ 100.00. Whenever an offense involves false, misleading, or improper labeling of farm products, each package shall constitute a separate offense.

(b) After the second violation of any part of this subchapter by the same licensed person, firm, partnership, corporation, cooperative or association during the same calendar year, the license to use the "Jersey Organic" logo shall be revoked for the remainder of the license year.

The Division of Marketing and Development shall make an initial determination as to whether to revoke a license under this subsection.

Revocation of a license pursuant to this subsection does not prohibit a licensee from reapplying for a license for the next license year.

(c) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to N.J.A.C. 2:71-8.4 or 8.5, upon written request as provided below, shall be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Uniform Administrative Procedure Rules N.J.A.C. 1:1.

Written requests for hearings shall be sent to:

Director, Division of Marketing and Development

N.J. Department of Agriculture

P.O. Box 330

Trenton, New Jersey 08625-0330

Written request for hearings must be transmitted to the Department within 20 days of the license denial or notice of intent to revoke a license.

(d) The State Board of Agriculture shall make a final determination as to whether to deny or revoke a license following a hearing as provided in (c) above.

(e) Orders for penalties or to enjoin continuing violations may be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999." The Superior Court and the Municipal Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999."

History

Amended by R.2013 d.040, effective 2/19/2013.
See: 44 N.J.R. 2417(a), 45 N.J.R. 329(b).
Rewrote (a) and (e).

Subchapter 9 "JERSEY SEAFOOD" LOGO

N.J. Admin. Code § 2:71-9.1 Scope and purpose

A licensed aquatic farmer, commercial seafood harvester or packer of New Jersey seafood is permitted to make an application to the New Jersey Department of Agriculture for the use of the "Jersey Seafood" logo for the Jersey Seafood Quality Grading Program on containers of licensed seafood commodities.

N.J. Admin. Code § 2:71-9.2 Definitions

For purposes of this subchapter, the following words, terms, and phrases shall have the following meanings unless the context clearly indicates otherwise:

"Aquatic Farmer License" means the formal license issued by the Department pursuant to N.J.A.C. 2:89 for the possession and ownership of aquatic organisms by a person, firm, partnership, corporation, cooperative or association.

"Aquatic organism" means an animal or plant of any species or hybrid thereof and includes gametes, seeds, eggs, sperm, larvae, and juvenile and adult stages, any of which is required to be in water during that stage of its life. This definition does not include birds and mammals.

"Department" means the New Jersey Department of Agriculture.

"Depuration" means the process of reducing the pathogenic organisms that may be present in shellfish by using a controlled environment as a treatment option.

"Farmed shellfish" means clams and/or oysters that are farm-raised and packed in New Jersey.

"Farmer" or "aquatic farmer" means any person, firm, partnership, corporation, cooperative or association who is engaged in propagating, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments for economic gain within the State of New Jersey and shall include, but is not limited to, activities to intervene in the rearing process to increase production, such as stocking, feeding, transplanting and providing for protection from predators.

"Finfish" means any vertebrate aquatic organism other than mammals and birds.

"Harvester" or "commercial seafood harvester" means a person, firm, partnership, corporation, cooperative or association who is engaged in harvesting wild aquatic organisms for economic gain under strict management programs instituted by the National Oceanic Atmospheric Association National Marine Fisheries Service (NOAA Fisheries), Atlantic States Marine Fisheries Commission, and the New Jersey Department of Environmental Protection to maintain sustainable fishery resources.

"Licensed seafood commodity" or "licensed seafood commodities" means any aquatic organism that is farm-raised or wild caught and packed in New Jersey, which are the subject of a license issued by the Department pursuant to N.J.A.C. 2:71-9.4.

"Licensee" means any person, firm, partnership, corporation, cooperative or association licensed by the Department pursuant to N.J.A.C. 2:71-9.4.

"Packer" means any person, firm, partnership, corporation, cooperative or association engaged in the business of processing and packaging aquatic organisms within the State of New Jersey and distributing it to wholesalers or retailers.

"Program" means the Jersey Seafood Quality Grading Program established pursuant to this subchapter.

"Seafood" means any finfish, mollusk, crustacean, other invertebrate or aquatic vegetable produced in either freshwater or saltwater and used for human food.

"Secretary" means the Secretary of the Department of Agriculture of the State of New Jersey or his or her designee.

"Shellfish" means clams, oysters, mussels and scallops that are harvested and packed in New Jersey.

"Shellfish grower" means any person, firm, partnership, corporation, cooperative or association who is engaged in propagating, rearing and subsequent harvesting of shellfish in controlled or selected environments for economic gain and shall include, but is not limited to, activities to intervene in the rearing process to increase production, such as stocking, feeding, transplanting and protection from predators.

N.J. Admin. Code § 2:71-9.3 Use of the "Jersey Seafood" Logo

(a) The Department approves the use of the "Jersey Seafood" logo as an official emblem for identifying New Jersey licensed seafood commodities.

(b) The configurations of the "Jersey Seafood" logo are as follows:

Data in image

(c) Only those persons, firms, partnerships, corporations, cooperatives or associations licensed to use the "Jersey Seafood" logo shall be permitted to attach or have it imprinted upon any label, package or container related to their licensed seafood commodities, employ its use in advertising or use it in any other manner whatsoever. Layout of proposed advertising to be used for marketing the "Jersey Seafood" logo must be submitted to and approved by the Department's Division of Marketing and Development in advance of its marketing and use. Advertising layouts will be evaluated based on the following criteria:

The color scheme of the advertisement;
The font used;
The configuration, color, and size of the logo;
Placement of the logo;
The advertising medium used; and
Consistency with the wholesome image of the "Jersey Fresh" Promotional Program.

(d) Only licensed seafood commodities may be marked with the "Jersey Seafood" logo. Licensed seafood commodities may be marked using self-adhesive labels, rubber stamps or imprinted containers that identify those licensed seafood commodities as being packed under the "Jersey Seafood" logo. Markings must comply with the marking requirements in N.J.A.C. 2:71-9.5.

(e) When a licensee discontinues use of the "Jersey Seafood" logo, fails to renew its license when required or has its license revoked, the licensee shall be prohibited from its use in any manner, including, but not limited to, product labels, stamps, containers, stationery, forms, advertising on billboards or other signs or on trucks or car panels.

(f) A licensed aquatic farmer, commercial seafood harvester or packer using the "Jersey Seafood" logo for licensed seafood commodities who has not satisfied the requirements set forth in N.J.A.C. 2:71-9.4 and 9.5 shall be prohibited from using the "Jersey Seafood" logo in any manner.

(g) All unlicensed persons, firms, partnerships, corporations, cooperatives or associations shall be prohibited from using the "Jersey Seafood" logo in any manner.

N.J. Admin. Code § 2:71-9.4 Licensing

(a) Any person, firm, partnership, corporation, cooperative or association wishing to employ the "Jersey Seafood" logo must make an application to the Department for a license and registration number. The application shall be made in writing, upon a form provided by the Department for this purpose and shall contain the name and address of the user, the type of licensed seafood commodities for which the user is seeking a license and any other information the Department deems necessary for the enforcement of the Program.

(b) An annual fee of $ 30.00 shall accompany each application form and shall be made payable to the "New Jersey Farm Products Publicity Fund." If an applicant is deemed ineligible the fee shall be refunded.

(c) All applications approved for issuance of licenses and registration numbers shall have the license granted for the period of one year commencing April 1. Applications for an initial license and registration number and for license and registration number renewal shall be submitted at least 20 days prior to April 1 of the license year. The Department shall approve or deny applications within 20 days after receipt of a completed application that complies with the requirements of (a) and (b) above.

(d) Interim licenses and registration numbers may be granted to qualified persons, firms, partnerships, corporations, cooperatives or associations for the remainder of the license year. The Department shall approve or deny interim applications within 20 days after receipt of a completed application that complies with the requirements of (a) and (b) above.

(e) Each licensee shall submit a report by December 31 of each license year. The report must be submitted on forms supplied by the Department and shall indicate the number of packages and/or containers packed by licensed seafood commodity under the "Jersey Seafood" logo. Failure to timely supply this report may be cause for denial or delay of licensing approval for the following licensing year.

(f) Any person, firm, partnership, corporation, cooperative or association wishing to transfer ownership of containers bearing a "Jersey Seafood" logo to another licensee shall make an application to the Department for a transfer license. The application shall be made in writing, upon a form provided by the Department. Any licensee who transfers ownership of containers, labels or stamps bearing the "Jersey Seafood" logo must supply a copy of each shipping invoice or statement to the Department within 30 days of the date of transfer.

(g) The Division of Marketing and Development shall make the initial determination as to whether to approve or deny a license application submitted pursuant to this section.

(h) The Department will hold confidential any information provided in any application submitted pursuant to this section that constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.

N.J. Admin. Code § 2:71-9.5 Packing requirements, packer identification and containers

(a) All containers, packages and packaging material bearing the "Jersey Seafood" logo must be new.

(b) Each container or package bearing the "Jersey Seafood" logo must include the following information imprinted in letters not less than three-eights of an inch in height and clearly marked on the container or package:

The name and address of the packer;
The phrase "Product of U.S.A. (NJ)"; and
A statement indicating the method of production using either the phrase "Wild Caught" or "Farm-Raised."

Live finfish must be farmed in New Jersey;
Farmers of live finfish must possess an Aquatic Farmer License;
Live finfish shall be free from visible evidence of all infections, contagious, or communicable disease and known exposure thereto for at least 30 days prior to shipment;
Live finfish must show good movement, clear and bright eyes, and be free of all antibiotics and chemical additives;
Live finfish must be transported in accordance with the following requirements:

i. Water temperature during transport must be appropriate for the species;

ii. Oxygen levels in the water during transport must be appropriate for the species; and

iii. Appropriate drug withdrawal times shall be observed and records must be kept in accordance with the Recommended Management Practices for Aquatic Farms published by Rutgers University, revised March 2004, incorporated herein by reference, as amended and supplemented. A copy of this publication is available on the Department's website at: http://www.jerseyseafood.nj.gov/aquacultureamp.pdf or by contacting the Department's Fish and Seafood Development Program at P.O. Box 330, Trenton, New Jersey 08625. A copy of this publication is also available by contacting Rutgers Cooperative Extension, N.J. Agricultural Experiment Station, Rutgers, the State University of New Jersey, 88 Lipman Dr., New Brunswick, NJ 08901-8525; and

All live finfish shall be produced in accordance with the Recommended Management Practices for Aquatic Farms published by Rutgers University, revised March 2004.

(d) Whole farm-raised finfish shall be graded, packed and contained as follows:

Whole finfish must be farmed in New Jersey;

Farmers of whole finfish must possess an Aquatic Farmer License;
Whole finfish must show clear and bright eyes, flesh must be resilient, gills must be bright red, and odor should be fresh or briny;
Whole finfish must be transported in accordance with the following requirements:

i. Whole finfish must be packed in ice or gel packs and shipped at a temperature that does not exceed 40 degrees Fahrenheit; and

ii. Appropriate drug withdrawal times shall be observed and records must be kept in accordance with the Recommended Management Practices for Aquatic Farms, published by Rutgers University, revised March 2004;

All whole finfish shall be produced in accordance with the Recommended Management Practices for Aquatic Farms, published by Rutgers University, revised March 2004.

(e) Farmed shellfish shall be graded, packed and contained as follows:

All farmed shellfish must be grown out or produced in New Jersey;
A shellfish grower must possess an Aquatic Farmer License;
A shellfish grower must be in compliance with all appropriate license requirements, which may include, but are not limited to, those set forth in N.J.S.A. 50:2-1 et seq., 50:3-1 et seq., and 50:3-20.1 1 et seq., and N.J.A.C. 2:89-4.4, N.J.S.A. 7:25-8, 7:25A, 8:13, and 8:21-1, 2, 9, 11 and 13, as amended;
All farmed shellfish must be free from antibiotics and chemical additives and their shells must be whole and free of grit, sand and fouling organisms;
Containers holding farmed shellfish must be properly tagged in compliance with the 2005 National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish Sections X .05, Shellstock Identification, and .06, Shucked Shellfish Labeling, as amended and supplemented, which is incorporated herein by reference;
All farmed shellfish must be handled in compliance with the following sections of the 2005 National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, as amended and supplemented, which is incorporated herein by reference:

i. Section VI, Shellfish Aquaculture, subsections .01, Exceptions, .02, General, and .03, Seed Shellstock only;

ii. Section VIII, Control of Shellfish Harvesting, subsections .01, General, and .02, Shellstock Harvesting and Handling; and

iii. Section XIII, Shellstock Shipping, subsections .01, Critical Control Points, and .02, Sanitation;

A copy of the 2005 National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish is available by contacting the Office of Seafood Division of Programs and Enforcement Policy, 200 C Street, SW (HFS-417), Washington, DC
This document is also available online at http://www.cfsan.fda.gov/%7Eear/nss3-toc.html;
All live farmed shellfish shall be produced in accordance with the Recommended Management Practices for Aquatic Farms, published by Rutgers University, revised March 2004.

(f) Wild-caught finfish shall be graded, packed and contained as follows:

Finfish must be landed by a New Jersey registered vessel;

Finfish must be landed in accordance with all rules and regulations promulgated by the NOAA Fisheries Service, the Atlantic States Marine Fisheries Commission, and the New Jersey Department of Environmental Protection to help ensure the sustainability of the resource;
Finfish should show good quality as indicated by clear bright eyes, resilient flesh, bright red gills, and odor should be fresh or briny;
Whole/dressed finfish must be chilled as quickly as possible, packed in ice or gel packs and shipped at temperatures that do not exceed 40[degrees] Fahrenheit.

i. Ice must be made from potable water;

All surfaces that contact fish must be sanitized using appropriate FDA approved methods;
Cleaning and sanitizing schedules and procedures must be established and compliance monitored;
Packing must be appropriate for method of transport and product form in order to preserve quality;
Fillets, steaks and other cut forms must be processed under Hazard Analysis Critical Control Point (HACCP) procedures as provided by the Fish and Fisheries Products Hazards and Controls Guidance, third edition, June 2001, which is incorporated herein by reference, as amended and supplemented. This document is available online at http://www.cfsan.fda.gov/%7Ecomm/haccp4.html. Processing facilities must meet the requirements of local health departments; and
Any firm that processes finfish for human consumption must possess a wholesale food license required by N.J.S.A. 24:15-13 and N.J.A.C. 8:21-13, Rules Governing Wholesale Food Establishments.

(g) Wild Caught Bivalve molluscan shellfish shall be graded, packed and contained as follows:

All shellfish must be landed in New Jersey;
All shellfish must harvested and packed by individuals who are in compliance with all appropriate license requirements, which may include, but are not limited to, those set forth in N.J.S.A. 50:2-1 et seq., 50:3-1 et seq., and 50:3-20.11 et seq., and N.J.A.C. 2:89-4.4, 7:25-8, 7:25A, 8:13, and 8:21-1, 2, 9, 11 and 13, as amended;
All shellfish must be harvested from approved, seasonally approved or special restricted waters as specified by N.J.A.C. 7:12-1, 3, and 4;
The shells of all shellfish must be whole, free of grit, sand and fouling organisms;
All shellfish must be handled in compliance with the National Shellfish Sanitation program 2005 Guide for the Control of Molluscan Shellfish;

Containers holding shellfish must be properly tagged in compliance with the 2005 National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, Sections X .05, Shellstock Identification, and .06, Shucked Shellfish Labeling;

All shellfish must be handled in compliance with the following sections of the 2005 National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish:

i. Section VI, Shellfish Aquaculture, subsections .01, Exceptions, .02, General, and .03, Seed Shellstock;

ii. Section VIII, Control of Shellfish Harvesting, subsections .01, General, and .02, Shellstock Harvesting and Handling; and

iii. Section XIII, Shellstock Shipping, subsections .01, Critical Control Points, and .02, Sanitation; and

Any firm that processes shellfish for human consumption must possess a wholesale food license required by N.J.S.A. 24:15-13 and N.J.A.C. 8:21-13, Rules Governing Wholesale Food Establishments.

(h) Crustaceans shall be graded, packed and contained as follows:

Lobsters and crabs must be harvested in New Jersey in accordance with all rules and regulations promulgated by the National Marine Fisheries Service, the Atlantic States Marine Fisheries Commission and the New Jersey Department of Environmental Protection (N.J.A.C. 7:25) to help ensure the sustainability of the resource;
Live lobsters and crabs should be vigorous and show good leg movement;
Lobsters and crabs should be kept moist and cool;
Lobster temperatures should remain above 32 degrees Fahrenheit and below 50 degrees Fahrenheit to maintain quality;
Lobsters and crabs should be packed right-side up;
Packing must be appropriate for method of transport; and
Any firm that processes crustaceans for human consumption must possess a wholesale food license required by N.J.S.A. 24:15-13, and N.J.A.C. 8:21-13, Rules Governing Wholesale Food Establishments.

(i) Value Seafood Products shall be graded, packed and contained as follows:

Value-added seafood products shall be processed in New Jersey under an FDA-approved Hazard Analysis Critical Control Point (HACCP) plan that is regularly monitored as provided by the Fish and Fisheries Products Hazards and Controls Guidance, third edition, June 2001;

Processing facilities must meet the requirements of local health departments;
Seafood processing facilities should have an established set of sanitary operating procedures that include cleaning and sanitizing schedules and procedures, as well as compliance monitoring;
Any firm that wholesales, stores or processes seafood products (fresh or saltwater) for human consumption must possess a wholesale food license requires by N.J.S.A. 24:15-13 and N.J.A.C. 8:13-1 and N.J.A.C. 8:21-13, Rules Governing Wholesale Food Establishments; and
Only potable water shall be used.

N.J. Admin. Code § 2:71-9.6 Penalties

(a) Any person, firm, partnership, corporation, cooperative, or association who violates the provisions of this subchapter shall be subject to a penalty of not more than $ 100.00 for the first offense and a penalty of not less than $ 100.00 and not more than $ 200.00 for each subsequent offense, except for violations of N.J.S.A. 4:10-5, which penalty shall be $ 100.00. Whenever an offense involves false, misleading, or improper labeling of farm products, each package shall constitute a separate offense.

(b) In addition to the penalties set forth in (a) above, if the subsequent offense occurs in the same calendar year and involves the same licensee and the same licensed seafood commodity, the Department may revoke their license. Revocation of a license pursuant to this subsection does not prohibit a licensee from reapplying for a license for the next license year.

(c) Any person, firm, partnership, corporation, cooperative, or association licensed pursuant to N.J.A.C. 2:71-9.4(f) to transfer ownership of containers bearing the "Jersey Seafood" logo who transfers ownership in violation of this subchapter shall be subject to a penalty of no more than $ 100.00 for the first offense and revocation of their license for any subsequent offense.

(d) Orders for penalties or to enjoin continuing violations may be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999." The Superior Court and the Municipal Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999."

(e) The Division of Marketing and Development shall make an initial determination as to whether to revoke a license under this section.

(f) Any person, firm, partnership, corporation, cooperative or association aggrieved by the determination of the Division of Marketing and Development pursuant to this section or N.J.A.C. 2:71-9.4 shall be afforded an opportunity for a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Uniform Administrative Rules of Practice, N.J.A.C. 1:1, subject to the following:

All hearing requests must be in writing and received by the Department within 20 days of the license denial, notice of intent to revoke a license, or penalty notice;
Hearing requests shall be sent to:

New Jersey Department of Agriculture

Director, Division of Marketing and Development

P.O. Box 330

Trenton, New Jersey 08625; and

The State Board of Agriculture shall make a final determination as to whether to deny, revoke a license or impose a penalty following the Office of Administrative Law hearing.

History

Amended by R.2013 d.040, effective 2/19/2013.
See: 44 N.J.R. 2417(a), 45 N.J.R. 329(b).
Rewrote (a) and (d); and in (c), inserted a comma following "cooperative" and substituted "$ 100.00" for "$ 50.00".

Chapter 72 BONDING REQUIREMENTS OF COMMISSION MERCHANTS, DEALERS, BROKERS AND AGENTS

Subchapter 1 COMMISSION MERCHANTS, DEALERS, BROKERS, AGENTS

N.J. Admin. Code § 2:72-1.1 Definitions

The following words and terms, as used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Acceptable form of surety" means any security acceptable under N.J.S.A. 4:11-20 and N.J.A.C. 2:72-1.2(b).

"Applicant" means a dealer, broker, or commission merchant applying for a license pursuant to N.J.S.A. 4:11-19.

"Certified vehicle tare weight" means the weight of an empty vehicle as certified by agreement between the grower and the commission merchant, dealer, broker or agent.

"Department" means the New Jersey Department of Agriculture.

"Invoice" means the written record of transactions between a grower and a broker, commission merchant or dealer created pursuant to N.J.A.C. 2:72-3.1(a), 3.2(a) or 3.3(a).

"Persons" shall mean any individual, corporation, business, partnership, association, cooperative, limited liability company, or other legal entity.

"Prompt settlement" means 10 days from the date of delivery of the agricultural commodity unless a differing standard is provided in the invoice.

History

Amended by R.1980 d.57, effective 2/1/1980.
See: 12 N.J.R. 2(a), 12 N.J.R. 103(a).
New Rule, R.2006 d.440, effective 12/18/2006.
See: 38 N.J.R. 3100(a), 38 N.J.R. 5352(a).
Former N.J.A.C. 2:72-1.1, Bond requirement, recodified to N.J.A.C. 2:72-1.2.

N.J. Admin. Code § 2:72-1.2 License application requirements

(a) All persons required to be licensed pursuant to N.J.S.A. 4:11-18 shall file an application on or before November 1 of each year that includes the following:

A written application upon a form provided by the Department that conforms to the requirements of N.J.S.A. 4:11-19, which shall include the names and addresses of all agents conducting business on behalf of the applicant in accordance with N.J.S.A. 4:11-22;
Proof of surety in accordance with the following:

i. An acceptable form of surety that conforms to the requirements of (b) below; or

ii. The date on which the commission merchant, broker or dealer will begin purchasing, receiving, soliciting or negotiating the sale of any agricultural commodity, provided the applicant later submits an acceptable form of surety at least 15 days before engaging in such business. No license shall be issued until an acceptable form of surety that complies with (b) below is actually submitted;

A nonrefundable application fee of $ 30.00 made payable to the New Jersey Department of Agriculture; and
Any other information or documentation the Secretary of Agriculture deems necessary in order to determine the character, financial responsibility or good faith of an applicant.

(b) The acceptable form of surety required in N.J.S.A. 4:11-20 shall be equal to the maximum calendar month purchases multiplied by the number of days before payment is made on those purchases divided by 30, which in no event shall be less than $ 5,000 nor greater than $ 150,000.

History

Recodified from N.J.A.C. 2:72-1.1 and amended by R.2006 d.440, effective 12/18/2006.
See: 38 N.J.R. 3100(a), 38 N.J.R. 5352(a).
Added (a); inserted designation (b); and rewrote (b).

Subchapter 2 GROWER CLAIMS

N.J. Admin. Code § 2:72-2.1 Claim filing procedures

(a) All claims filed pursuant to N.J.S.A. 4:11-28.1 shall be filed with the Department on forms provided for such purpose and in accordance with the requirements of this section. Each claim form shall be notarized and shall include the following:

The grower's name, phone number, and mailing address, including the county;
The name and address of the purchaser against whom the claim is made;

The amount of the claim;

The signature of the grower;
The date; and
Any other information deemed necessary by the Department.

(b) Forms for filing claims against any commission merchant, dealer or broker are available by contacting the Department at:

New Jersey Department of Agriculture

P.O. Box 330

Trenton, New Jersey 08625-0330

(c) All claim forms and any accompanying attachments shall be filed with the Department within 90 days from the date when payment was due, in accordance with the following:

All claims shall be filed at the following address:

New Jersey Department of Agriculture

P.O. Box 330

Trenton, New Jersey 08625-0330;

Claims will be rejected if not received by the 90th day; and
For purposes of determining the 90-day time period, the date payment is due shall be 10 days from the date of the delivery of the agricultural commodity unless the invoice specifies a different payment date, which in no event shall be later than December 31 of the current licensing year.

History

Amended by R.2008 d.249, effective 8/18/2008.
See: 40 N.J.R. 2158(a), 40 N.J.R. 4759(b).
In the address in (b) and (c)1, deleted the telephone number.

Subchapter 3 COMMISSION MERCHANTS, DEALERS AND BROKERS RECORD OF TRANSACTION

N.J. Admin. Code § 2:72-3.1 Dealer's record of transaction; copy to grower

(a) Every dealer or dealer's agent purchasing, receiving or obtaining an agricultural commodity from a grower shall, simultaneously with the purchasing, receiving or obtaining of the agricultural commodity, create an invoice stating in detail for each agricultural commodity the following:

Name and address of the dealer;
Name and address of the grower;
Date on which the transaction occurred;
Terms of the sale and how purchased, including the timeframe for when payment is to be made;
Price of the sale (If the price to be paid is based upon a market quotation for such agricultural commodity, the record shall specify the date and location of the market to be used in arriving at the purchase price); and
Name of the agricultural commodity, number of containers, size, and net weight, and grade of agricultural commodity, where applicable.

(b) Where more than one agricultural commodity is purchased, received or obtained from a grower on a particular date, such information may be set forth on a single invoice.

(c) A copy of the invoice containing the information required in (a) above shall be issued to the grower upon purchase, receipt or obtaining possession of the agricultural commodity by the dealer or dealer's agent.

(d) The dealer or dealer's agent shall retain the invoice in his or her possession for a period of not less than one year from the date of the transaction. These records must be presented upon demand to an authorized agent of the New Jersey Department of Agriculture.

History

Amended by R.2006 d.440, effective 12/18/2006.
See: 38 N.J.R. 3100(a), 38 N.J.R. 5352(a).
In the introductory paragraph of (a), substituted "or dealer's" for ", cash buyer or", substituted "create an invoice" for "make a correct record", and inserted "agricultural" following "for each"; rewrote (a)4, (c) and (d); in (a)5, inserted "agricultural", substituted "; and" for a period at the end; in (a)6, inserted "agricultural" twice, and deleted "NOTE:--Egg Dealer--exception under item 5 of 'Dealers record of transaction' "; in (b), substituted "invoice" for "record"; and deleted (e).

N.J. Admin. Code § 2:72-3.2 Commission merchant's record of transaction; copy to grower

(a) Every commission merchant or commission merchant's agent, upon entering into an agreement with the grower or receiving an agricultural commodity from a grower shall, simultaneously with the entry into the agreement or upon receipt of the agricultural commodity, make an invoice stating in detail for each commodity the following:

Name and address of commission merchant;
Name and address of grower;
Date on which the said agreement is entered into or date upon which the agricultural commodity is received (whichever is earlier);
Terms of the sale, how purchased, and charges to be paid by the grower in connection with the sale, including the timeframe for when payment is to be made;
The lot number or other identifying mark for each consignment, which shall appear on all tags and other records needed to show what the agricultural commodity actually sold for; and
Name of the agricultural commodity, number of containers, size and net weight and grade of agricultural commodity, where applicable.

(b) Where more than one agricultural commodity is purchased, received or obtained from a grower on a particular date, such information may be set forth on a single invoice.

(c) A copy of the invoice containing the above information shall be issued to the grower upon entry into an agreement with the commission merchant or upon receipt of the agricultural commodity by the commission merchant.

(d) The commission merchant shall retain the invoice in his or her possession for a period of not less than one year from the date of the transaction. These records must be presented upon demand to an authorized agent of the New Jersey Department of Agriculture.

History

Amended by R.2006 d.440, effective 12/18/2006.
See: 38 N.J.R. 3100(a), 38 N.J.R. 5352(a).
In (a), inserted "or commission merchant's agent," and substituted "an invoice" for "a correct record"; in (a)4, inserted ", how purchased," and ", including the timeframe for when payment is to be made"; in (a)5 and (a)6, inserted "agricultural"; in (a)5, inserted "and" at the end; in (b) and (c), substituted "invoice" for "record"; and in (d), inserted "the invoice" and "or her", substituted "from the date of the transaction" for "the aforementioned records", and inserted the last sentence.

N.J. Admin. Code § 2:72-3.3 Broker's record of transaction, copy to grower

(a) Every broker or broker's agent, upon negotiating the sale of an agricultural commodity on behalf of a grower shall, simultaneously with the negotiation of said sale of the agricultural commodity, make an invoice stating in detail for each agricultural commodity the following:

Name and address of broker;

Name and address of grower and the purchaser;
Date on which the transaction occurred;
Name of the agricultural commodity;
Terms of the sale;
Date of delivery;
Price of the sale. If the price to be paid is based upon a market quotation for such agricultural commodity, the record shall specify the date and location of the market to be used in arriving at the purchase price; and
The timeframe in which payment should be made.

(b) A copy of the invoice containing the above information shall be issued to both the grower and the purchaser upon negotiation of the sale of the agricultural commodity by the broker.

(c) The broker shall retain the invoice in his possession for a period of not less than one year from the date on the invoice. These records must be presented upon demand to an authorized agent of the New Jersey Department of Agriculture.

History

Amended by R.2006 d.440, effective 12/18/2006.
See: 38 N.J.R. 3100(a), 38 N.J.R. 5352(a).
Section was "Broker's memorandum of sale". In (a), inserted "or broker's agent", substituted "an invoice" for "a correct record", and inserted "agricultural" following "for each"; in (a)4, inserted "the agricultural"; in (a)7, inserted "agricultural" and substituted "; and" for a period at the end; added (a)8; in (b), substituted "invoice" for "record"; and in (c), inserted "the invoice" following "retain", substituted "from the date on the invoice" for "the aforementioned records", and inserted the last sentence.

N.J. Admin. Code § 2:72-3.4 Certified weights for each load of hay, grain and straw

Every commission merchant, dealer, or broker dealing in hay, grain and straw shall obtain a certified vehicle tare weight and gross weight for each load hauled or bought. This vehicle tare weight and gross weight shall be recorded on the invoice required to be made and maintained pursuant to N.J.A.C. 2:72-3.1(a), 3.2(a) and 3.3(a).

History

Amended by R.2006 d.440, effective 12/18/2006.
See: 38 N.J.R. 3100(a), 38 N.J.R. 5352(a).
Substituted "or broker" for "or cash buyer", inserted "shall" following "straw", and inserted the last sentence.

Chapter 74 CONTROLLED ATMOSPHERE STORAGES

Subchapter 1 CONTROLLED ATMOSPHERE STORAGE FOR APPLES

N.J. Admin. Code § 2:74-1.1 Scope

The following sections of this chapter are adopted by the State Board of Agriculture to effect administration and enforcement of Chapter 62, Laws of 1962.

N.J. Admin. Code § 2:74-1.2 Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Apples" means all varieties of the fruit commonly known as apple.

"Person" means a natural person, firm, partnership, association or corporation.

"Sealed storage room", "Sealed storage space" or "sealed storage building" means all sealed storages in which controlled atmosphere is maintained, inferred, advertised or represented as such.

"Secretary" means the Secretary of Agriculture of the State of New Jersey.

N.J. Admin. Code § 2:74-1.3 Construction

(a) Each sealed storage room, space or building used as a controlled atmosphere storage facility for apples shall be constructed of materials that will permit adequate tightness for establishing and maintaining the necessary levels of carbon dioxide and oxygen gases.

(b) Each sealed storage room, space or building shall have a Fahrenheit thermometer properly installed and maintained. An approved gas analyzer for the measurement of carbon dioxide and oxygen gases shall be readily accessible to all sealed storage rooms or units.

N.J. Admin. Code § 2:74-1.4 Registration

(a) Any person owning or operating a controlled atmosphere room or storage building or packers or repackers of apples coming under the provisions of the Act shall apply to the Secretary on a form prescribed by the Secretary for a controlled atmosphere license and CA number. Owners or operators of such a room or storage building shall apply for a license at least 10 days before loading such room or storage. A license shall expire one year after the issuance thereof.

(b) Each owner or operator shall accompany application for license with a fee of $ 10.00 per room.

(d) Each storage facility must be approved by the Secretary or his agent, prior to issuance of license and CA number to owner or operator thereof.

History

As amended, R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

N.J. Admin. Code § 2:74-1.5 Atmospheric and temperature controls

(a) Each owner or operator shall make the required air components determinations daily. The oxygen content within the sealed storage shall be five percent or lower within 20 days after the storage is sealed, or in the case of artificially induced CA conditions a total accumulation of 20 days above five percent oxygen would be allowed following the initial sealing.

(b) The fruit shall be stored in a sealed storage with not more than five percent oxygen for a minimum period of 90 days, except Jonathan variety which may be removed from storage in not less than 60 days.

(c) During the storage period, storage temperatures shall be 32 degrees Fahrenheit except for normal variations, not to exceed two degrees above. For McIntosh variety storage temperatures shall be 38 degrees Fahrenheit except for normal variations, not to exceed two degrees above.

N.J. Admin. Code § 2:74-1.6 Records

(a) Each owner or operator shall maintain a record for each on an approved form, or forms, which shall include the following:

Owner or operator's name and address, room number, date of sealing, date of opening, capacity in bushels, lot identification and number of bushels within each lot;
Daily readings of percentage of carbon dioxide, percentage of carbon dioxide and oxygen, percentage of oxygen; and room temperature as recorded from instruments approved for the purpose;
All records shall be subject to review by the Secretary or his agents at any time for a period of at least one year.

N.J. Admin. Code § 2:74-1.7 Invoice for sale of apples

(a) All persons selling, offering for sale or transporting for sale within this State apples coming under the provisions of this Act shall furnish the buyer an invoice covering each sale of such apples where the quantity exceeds five bushels.

Except as provided in (b) below, each container in each lot or lots for which an invoice is required shall be marked with the CA number assigned to the owner or operator of the controlled atmosphere room or storage building in which the apples were kept.
Each invoice shall be marked with the CA number marked on the containers covered by such invoice.

(b) Consumer size containers (10 pounds or less) of apples packed in master containers need not be marked with a CA number provided each container bears conspicuously on the outside or on an insert, or stuffer with, in which is readily readable from the outside, the name and address of the person who owns the apples; and further provided that each master container shall be marked with the CA number assigned to the owner or operators of the controlled atmosphere facility in which the apples were kept.

N.J. Admin. Code § 2:74-1.8 Verification of procedure

(a) Each owner or operator shall submit to the Secretary within 25 days after date of sealing; a report in writing, for each room showing room number, date of sealing and quantity contained therein by variety and lot numbers or other identification marks.

(b) Each owner or operator shall submit to the Secretary a report in writing for each room showing room number, date of sealing, air components determinations and temperature when the oxygen level is reduced to five per cent (not later than the 21st day after date of sealing, the oxygen level not withstanding), and approximately 30 and 60 and 90 days after the date the oxygen level was reduced to five per cent. The Jonathan variety will not require the 90 day report.

History

As amended, R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

N.J. Admin. Code § 2:74-1.9 Representation that requirements have been met

No person shall advertise, label or otherwise represent that apples have been exposed to controlled atmosphere storage unless such apples have been stored in a facility licensed by the Secretary under the provisions of the Act and the rules and regulations pursuant thereto.

N.J. Admin. Code § 2:74-1.10 Requirements for trade

No person shall sell, exchange, expose or offer for sale apples represented as having been exposed to controlled atmosphere storage unless such apples have been stored in a facility licensed by the Secretary under the provisions of the Act and the rules and regulations pursuant thereto.

N.J. Admin. Code § 2:74-1.11 Requirements for storage facility

(a) No person shall operate a facility for the storage of apples that is represented as being a controlled atmosphere storage facility unless it has been licensed by the Secretary under the provisions of this Act and the rules and regulations pursuant thereto.

(b) When apples have been stored in another state which has laws governing controlled atmosphere storage of apples similar to the provisions in effect in New Jersey and the apples have been stored in compliance with those provisions, such apples may be represented as having been exposed to controlled atmosphere storage when sold in New Jersey if the state in which the apples were stored permits apples stored in New Jersey in compliance with the New Jersey law to be represented as having been exposed to controlled atmosphere storage when sold in that state.

(c) When apples have been stored in another state which does not have laws governing controlled atmosphere storage similar to the provisions in effect in New Jersey but the apples have been stored in facilities and under conditions comparable to that required under this Act, such apples may be represented as having been exposed to controlled atmosphere storage when sold in New Jersey only when owners or operators of these storages, packers or repackers, have been licensed and assigned a CA number and can furnish satisfactory proof to the Secretary or his agent, that the apples have been stored in facilities and under conditions comparable to that required under this Act and the rules and regulations pursuant thereto.

N.J. Admin. Code § 2:74-1.12 Penalty

(a) Any person who violates any provision of this Act or the rules and regulations issued pursuant thereto shall be liable to a penalty of not less than $ 100.00 nor more than $ 500.00 for each offense.

(b) Each day of violation shall be deemed a separate offense.

N.J. Admin. Code § 2:74-1.13 Reserved

History

As amended, R.1978 d.402, eff. 11/21/1978.
See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).

Chapter 76 STATE AGRICULTURE DEVELOPMENT COMMITTEE

Subchapter 1 AGRICULTURAL DEVELOPMENT AREAS

N.J. Admin. Code § 2:76-1.1 Applicability

This subchapter applies to County Agriculture Development Boards and Subregional Agricultural Retention Boards when identifying and receiving State Agriculture Development Committee certification for agricultural development areas.

N.J. Admin. Code § 2:76-1.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agricultural Development Area", hereinafter referred to as ADA, means an area identified by a county agriculture development board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

History

Amended by R.1984 d.274, effective 7/2/1984.
See: 16 New Jersey Register 947(a), 16 New Jersey Register 1714(a).
Amendments to definitions.

N.J. Admin. Code § 2:76-1.3 Statutory criteria

(a) The board may, after public hearing, identify and recommend an area as an agricultural development area, which recommendation shall be forwarded to the county planning board. The board shall document where agriculture shall be the preferred, but not necessarily the exclusive, use of land if that area:

Encompasses productive agricultural lands which are currently in production or have a strong potential for future production in agriculture and in which agriculture is a permitted use under the current municipal zoning ordinance or in which agriculture is permitted as a non-conforming use;
Is reasonably free of suburban and conflicting commercial development;
Comprises not greater than 90 percent of the agricultural land mass of the county;
Incorporates any other characteristics deemed appropriate by the board.

N.J. Admin. Code § 2:76-1.4 Other criteria

(a) The factors in this section that shall be considered by the board in developing criteria for the identification of agricultural development area(s) shall include, but not necessarily be limited to, the following:

Soils;
Current and anticipated local land use plans and regulations;
Farmland assessment status;
Anticipated approvals for non-agricultural development;
Accessibility to publicly funded water and sewer systems;
Compatibility with comprehensive and special purpose county and State plans;
Proximity and accessibility to major highways and interchanges;

Minimum size of an ADA;

Landowner sign-up;

Land within boroughs, towns or cities;

Inclusion of entire or partial lots and blocks;

Land ownership;
Natural and special features;
Type and distribution of agriculture.

(b) Guidelines for interpretation of the above factors may be obtained from the committee upon request. Requests shall be addressed to:

The State Agriculture

Development Committee

P.O. Box 330

Trenton, New Jersey 08625-0330

N.J. Admin. Code § 2:76-1.5 Certification request

(a) In order to obtain committee certification of board approval of ADAs, the board shall submit the following to the committee:

Board certification that a hearing was held in compliance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.;

A copy of the approved minutes of the hearing which shall include a summary of the testimony;
A comprehensive report consisting of the following:

i. Discussion of factors considered for arriving at the adopted ADA criteria;

ii. Adopted criteria for ADA identification;

iii. A resolution of adoption of ADA(s);

iv. Map(s), preferably but not necessarily U.S.G.S. (1:24000), showing the general location of the ADA(s) as defined by the application of the criteria.

N.J. Admin. Code § 2:76-1.6 Committee review

(a) The committee shall review board submissions pursuant to N.J.A.C. 2:76-1.5.

(b) In order to certify, the committee must make a finding that the board's analysis of factors and resultant criteria are reasonable and consistent with the provisions of this subchapter.

N.J. Admin. Code § 2:76-1.7 Certification

Upon compliance with the provisions of this subchapter, the committee shall present to the Secretary of Agriculture its findings and recommendations to certify, to certify with conditions, or deny the request made pursuant to N.J.A.C. 2:76-1.5.

Subchapter 2 RIGHT TO FARM

N.J. Admin. Code § 2:76-2.1 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agricultural management practices" means practices which have been recommended by the State Agriculture Development Committee, and adopted pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., which shall include, but not necessarily be limited to, air and water quality control, noise control, pesticide control, fertilizer application, integrated pest management and labor practices.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-17 or a subregional agricultural retention board established pursuant to N.J.S.A. 4:1C-20.

"Commercial farm" means:

A farm management unit of no less than five acres producing agricultural or horticultural products worth $ 2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
A farm management unit less than five acres, producing agricultural or horticultural products worth $ 50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Farm management unit" means a parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.

"Farm market" means a facility used for the wholesale or retail marketing of the agricultural output of a commercial farm, and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51 percent of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51 percent of the sales area shall be devoted to the sale of the agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $ 2,500.

"Site specific agricultural management practice" means a specific operation or practice which has been recommended by the appropriate board, or in a county where no board exists, the Committee, to constitute a generally accepted agricultural operation or practice.

"State Soil Conservation Committee" means an agency of the State established pursuant to N.J.S.A. 4:24-1 et seq.

History

Amended by R.1984 d.275, effective 7/2/1984.
See: 16 N.J.R. 948(a), 16 N.J.R. 1714(b).
Definitions amended.
Amended and Recodified from N.J.A.C. 2:76-2.2 by R.1993 d.223, effective 5/17/1993.
See: 25 N.J.R. 622(a), 25 N.J.R. 1963(a).
Old section was "Applicability". Revised definition "Agricultural management practices" and added new definition "State Soil Conservation Committee".
Amended by R.1999 d.198, effective 6/21/1999.
See: 31 N.J.R. 816(a), 31 N.J.R. 1603(a).
In "Agricultural management practices", inserted ", and adopted pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.," following "Committee"; rewrote "Commercial farm"; and inserted "Farm management unit", "Farm market" and "Site specific agricultural management practice".

N.J. Admin. Code § 2:76-2.2 Procedure for recommending agricultural management practices

(a) The Committee at its initiative may recommend agricultural management practices.

(b) Any person or organization may request the Committee to recommend agricultural management practices.

(c) In considering agricultural management practices, the Committee may consult with the following agencies, organizations, or persons:

The New Jersey Department of Agriculture;
The New Jersey Agricultural Experiment Station, including appropriate county agents;
County Agriculture Development Boards;
The State Soil Conservation Committee;
Any other states' Departments of Agriculture, land grant institutions or Agricultural Experiment Stations;
The United States Department of Agriculture, or any other Federal governmental entity; or
Any other organization or person which may provide expertise concerning the particular practice.

(d) Upon the committee's recommendation, the agricultural management practice shall be forwarded to the appropriate State departments and agencies and boards and any other individuals, officials or organizations deemed appropriate by the Committee. Agricultural management practices adopted pursuant to this section do not preclude a board or the Committee from recommending a site specific agricultural management practice pursuant to N.J.A.C. 2:76-2.3 and 2.4, provided it is consistent with the agricultural management practices adopted pursuant to this section.

History

New Rule and recodification of 2:76-2.2 Definitions to 2.1. R.1993 d.223, effective 5/17/1993.
See: 25 New Jersey Register 622(a), 25 New Jersey Register 1963(a).
Section was "Definitions".
Amended by R.1999 d.198, effective 6/21/1999.
See: 31 New Jersey Register 816(a), 31 New Jersey Register 1603(a).
In (c), added a reference to appropriate county agents at the end of 2, inserted new 5 and 6, and recodified former 5 as 7; and rewrote (d).

N.J. Admin. Code § 2:76-2.3 Determinations of site-specific agricultural management practices where a board exists

(a) In counties where a board exists, a commercial farm owner or operator that meets the eligibility criteria pursuant to N.J.S.A. 4:1C-3 and 9 may submit an application to the board to determine if his or her operation constitutes a generally accepted agricultural operation or practice included in any of the permitted activities set forth in N.J.S.A. 4:1C-9.

The commercial farm owner and/or operator and board staff may hold a pre-application meeting or meetings to discuss application requirements, board jurisdiction and procedures, and any other related matter.

(b) The board shall advise the Committee and the clerk(s) of the municipality(ies) in which the commercial farm is located, in writing, of the nature of the application within 10 days of the filing of the request.

(c) The board shall, at one or more regular meeting(s), determine commercial farm eligibility and/or determine whether the operation or practice is included in one or more of the permitted activities set forth in N.J.S.A. 4:1C-9.

(d) In determining whether a commercial farm owner or operator meets the eligibility criteria pursuant to N.J.S.A. 4:1C-3 and 9, the board shall request the commercial farm owner or operator to provide the following in certification form:

Proof that the commercial farm is no less than five acres, produces agricultural/horticultural products worth $ 2,500 or more annually, listing said products, and is eligible for differential property taxation pursuant to the Farmland Assessment Act of 1964 or, if the commercial farm is less than five acres, produces agricultural/ horticultural products worth $ 50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964; and
Proof that the farm is located in an area in which, as of December 31, 1997 or thereafter, agriculture has been a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan, or which commercial farm was in operation as of July 2,

(e) In the event the commercial farm owner or operator has sought approval of the agricultural operation or practice from the municipality in which the commercial farm is located, the board shall consider, at a minimum, any operation or practice, the approval of which has not been granted by the municipality.

(f) If appropriate, one or more board members or board staff may inspect the farm operation to confirm commercial farm eligibility and/or to verify that the operation or practice is included in one or more of the permitted activities set forth in N.J.S.A. 4:1C-9. If board members conduct the inspection, the board shall ensure that less than a quorum, as defined in the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., is present at the inspection.

(g) If the board determines that the farm operation is not a commercial farm pursuant to N.J.S.A. 4:1C-3 and/or that the operation or practice is not included in any of the activities permitted by N.J.S.A. 4:1C-9, then the board shall pass a resolution dismissing the request. The resolution shall contain detailed findings of fact and conclusions of law, and references to any supporting documents. The resolution shall be forwarded to the commercial farm owner and/or operator, the Committee, the municipality(ies) in which the commercial farm is located, and any other individuals or organizations deemed appropriate by the board within 30 days of passage of the resolution.

(h) Board checklist. If the board determines that the farm operation is a commercial farm pursuant to N.J.S.A. 4:1C-3 and that the operation or practice is included in any of the activities permitted by N.J.S.A. 4:1C-9, then the board and/or board staff may request that the commercial farm owner or operator provide information using a checklist adopted by the board.

The checklist shall enumerate the data and materials reasonably necessary for the board to make an informed judgment on an application.
The checklist shall include, at a minimum, the following components:

i. Site plan elements to identify site location, extent and orientation, existing and proposed site conditions, location and availability of development infrastructure, detailed parking and traffic improvements and dedications, drainage provision, and the location of signage and lighting;

ii. A list of regulatory approvals or permit requirements;

iii. A list of studies required to assess the suitability of the site and impacts of the operation or practice that is the subject of the application submitted pursuant to this section;

iv. A schedule of municipal planning and zoning requirements and exemptions from the schedule sought by the commercial farm; and

v. Submittal of a farm conservation plan or documents showing active efforts to obtain a farm conservation plan in a timely manner.

The board and/or board staff shall have the discretion to waive, reduce, and/or determine the nonapplicability of checklist items in its review of an application filed by a commercial farm owner and/or operator pursuant to this section. The board may delegate this function to board staff, with final review and decision making authority vested in the board. In making such decisions, the board and board staff shall consider relevant site-specific elements, such as, but not limited to, the following:

i. The farm's setting and surroundings;

ii. The scale and intensity of the proposed operation(s) or practice(s);

iii. The type and use of the public road on which the operation or practice is located; and

iv. When applicable, the minimum level of improvements necessary to protect public health and safety.

Subject to the provisions of (k) below, the board may retain jurisdiction over any or all municipal ordinances and/or county resolutions as they apply to the commercial farm owner or operator's application for a site-specific agricultural management practice determination.
The commercial farm owner or operator may employ appropriate professional(s), at the commercial farm owner or operator's sole expense, as it determines necessary to prepare the application and checklist items and to testify before the board in support of the application.

(i) If the board determines that the application and checklist items are complete, then the board shall hold a public hearing in accordance with the hearing procedures set forth in N.J.A.C. 2:76-2.8.

(j) In determining whether or not to approve site-specific agricultural management practices, the board may consult with the following agencies, organizations, or persons:

The New Jersey Department of Agriculture;
The State Agriculture Development Committee;
The New Jersey Agricultural Experiment Station, including appropriate county agents;
Other County Agriculture Development Boards;
The State Soil Conservation Committee;
Any other states' Departments of Agriculture, land grant institutions or Agricultural Experiment Stations;
The United States Department of Agriculture or any other Federal governmental entity;
County engineering staff and/or any other licensed professional employed by the county; or
Any other organization or person which may provide expertise concerning the particular practice.

(k) The board shall have no authority to determine the commercial farm owner or operator's compliance with State laws, rules, and regulations delegated to the municipality or county for administration and enforcement including stormwater management and construction code requirements, unless the municipal ordinance or county resolution, or any portion(s) thereof, effectuating the delegation exceed(s) State regulatory standards. If a municipal ordinance or county resolution, or any portion(s) thereof, exceed(s) State regulatory standards, then the board shall have the authority to determine whether the ordinance or resolution, or portion thereof, that exceeds such State regulatory standards is preempted by the board's approval of the commercial farm owner or operator's site-specific agricultural management practice.

( l ) The board shall pass a resolution granting, with or without conditions, or denying the request for a site-specific agricultural management practice determination. The resolution shall contain detailed findings of fact and conclusions of law, including commercial farm eligibility, the relationship(s), if any, between the operation or practice that is the subject of the application submitted pursuant to this section and any activity permitted pursuant to N.J.S.A. 4:1C-9, and include references to any supporting documents. The resolution shall be forwarded to the commercial farm owner and operator, the Committee, the municipality(ies) in which the commercial farm is located, and any other individuals or organizations deemed appropriate by the board within 30 days of passage of the resolution.

(m) Any person aggrieved by any decision of a board regarding site-specific agricultural management practices may appeal the decision to the Committee in accordance with the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, within 45 days from receipt of the board's decision.

The decision of the Committee shall be considered a final administrative agency decision.
If the board's decision is not appealed within 45 days, the board's decision is binding.

History

Repeal and New Rule, R.1993 d.223, effective 5/17/1993.
See: 25 N.J.R. 622(a), 25 N.J.R. 1963(a).
Section was "Dispute procedures".
New Rule, R.1999 d.198, effective 6/21/1999.
See: 31 N.J.R. 816(a), 31 N.J.R. 1603(a).
Former N.J.A.C. 2:76-2.3, Utilization of agricultural management practices, recodified to N.J.A.C. 2:76-2.5.
Amended by R.2014 d.057, effective 4/7/2014.
See: 45 N.J.R. 1449(a), 46 N.J.R. 599(a).
Section was "Recommendations of site specific agricultural management practices where a board exists". Rewrote the section.

N.J. Admin. Code § 2:76-2.4 Determinations of site-specific agricultural management practices where a board does not exist

(a) In counties where a board does not exist, a commercial farm owner or operator that meets the eligibility criteria pursuant to N.J.S.A. 4:1C-3 and 9 may submit an application to the Committee to determine if his or her operation constitutes a generally accepted agricultural operation or practice included in any of the permitted activities set forth in N.J.S.A. 4:1C-9.

(b) The provisions of N.J.A.C. 2:76-2.3(b) through ( l ) shall apply to the Committee's consideration of the application.

(c) The Committee shall pass a resolution granting, with or without conditions, or denying the request for a site-specific agricultural management practice determination. The resolution shall contain detailed findings of fact and conclusions of law, including commercial farm eligibility, the relationship(s), if any, between the operation or practice that is the subject of the application submitted pursuant to N.J.A.C. 2:76-2.3 and any activity permitted pursuant to N.J.S.A. 4:1C-9, and include references to any supporting documents. The resolution shall be forwarded to the commercial farm owner and commercial farm operator, if applicable, the municipality(ies) in which the commercial farm is located, and any other individuals or organizations deemed appropriate by the Committee within 30 days of passage of the resolution.

The decision of the Committee shall be considered a final administrative agency decision and shall be binding, subject to the right of appeal to the Appellate Division of the Superior Court.

History

New Rule, R.1993 d.223, effective 5/17/1993.
See: 25 N.J.R. 622(a), 25 N.J.R. 1963(a).
New Rule, R.1999 d.198, effective 6/21/1999.
See: 31 N.J.R. 816(a), 31 N.J.R. 1603(a).
Former N.J.A.C. 2:76-2.4, Negotiation of conflicts between State regulatory practices and SADC recommended agricultural management practices, recodified to N.J.A.C. 2:76-2.6.
Amended by R.2014 d.057, effective 4/7/2014.
See: 45 N.J.R. 1449(a), 46 N.J.R. 599(a).
Section was "Recommendations of site specific agricultural management practices where a board does not exist". Rewrote the section.

N.J. Admin. Code § 2:76-2.5 Utilization of agricultural management practices and procedures and site-specific agricultural management practices and procedures

(a) Owners and operators of commercial farms are afforded benefits and protections pursuant to the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., P.L. 1983, c.31, as amended.

(b) The failure of a commercial farm owner or operator to comply with an agricultural management practice recommended by the Committee and adopted pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and N.J.A.C. 2:76-2.2 or a site specific agricultural management practice adopted pursuant to N.J.A.C. 2:76-2.3 or 2.4 shall not be utilized in any judicial proceedings or proceeding before any governmental body or agency except for the process as described in N.J.S.A. 4:1C-10.1 and N.J.A.C. 2:76-2.1 0.

(c) If a commercial farm owner or operator believes a municipality or county's standards or requirements for agricultural operations or practices are unduly restrictive, or believes a municipality or county is unreasonably withholding approvals related to agricultural operations or practices, then the commercial farm owner or operator may request that the board, or the Committee in counties where no board exists, make a determination in the matter by requesting a site-specific agricultural management practice pursuant to N.J.A.C. 2:76-2.3 or 2.4, respectively. The board, or Committee in counties where no board exists, shall review the matter and make a determination regarding whether RTFA protection is warranted.

(d) A commercial farm owner or operator shall not be precluded from requesting a site-specific agricultural management practice determination from a board, or from the Committee in counties where no board exists, pursuant to N.J.A.C. 2:76-2.3 or 2.4, respectively, for activities set forth in agricultural management practices recommended by the Committee and adopted pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 2:76-2.2.

No site-specific agricultural management practice approval shall be granted if it is inconsistent with an agricultural management practice recommended by the Committee and adopted pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 2:76-2.2.

(e) A commercial farm owner and/or operator who obtains a site-specific agricultural management practice determination by resolution from the board, or from the Committee in counties where no board exists, may present the resolution to appropriate municipal officials in support of obtaining appropriate permits, if applicable.

History

Recodified from N.J.A.C. 2:76-2.3 and amended by R.1999 d.198, effective 6/21/1999.
See: 31 N.J.R. 816(a), 31 N.J.R. 1603(a).
Rewrote the section.
Amended by R.2014 d.057, effective 4/7/2014.
See: 45 N.J.R. 1449(a), 46 N.J.R. 599(a).
Section was "Utilization of agricultural management practices and site specific agricultural management practices". Added (c) through (e).

N.J. Admin. Code § 2:76-2.6 Negotiation of conflicts between State regulatory practices and SADC recommended agricultural management practices

The Committee shall upon a finding of conflict between the regulatory practices of any State instrumentality and the agricultural management practices recommended by the Committee, commence a period of negotiation not to exceed 120 days with the State instrumentality in an effort to reach a resolution of the conflict, during which period the State instrumentality shall inform the Committee of the reasons for accepting, conditionally accepting or rejecting the Committee's recommendations and submit a schedule for implementing all or a portion of the Committee's recommendations.

History

New Rule, R.1993 d.223, effective 5/17/1993.
See: 25 New Jersey Register 622(a), 25 New Jersey Register 1963(a).
Recodified from N.J.A.C. 2:76-2.4 by R.1999 d.198, effective 6/21/1999.
See: 31 New Jersey Register 816(a), 31 New Jersey Register 1603(a).

N.J. Admin. Code § 2:76-2.7 Disposition of conflicts between any person aggrieved by the operation of a commercial farm

(a) Any person aggrieved by the operation of a commercial farm shall first file a complaint, in writing, with the applicable board or with the Committee in counties where no board exists, prior to filing an action in court. The complaint shall include detailed facts concerning the contested operation or practice.

(b) If a board exists, then the board shall contact the commercial farm owner or operator to provide evidence that the agricultural operation is a commercial farm pursuant to N.J.S.A. 4:1C-3.

(c) If appropriate, one or more board members or board staff may inspect the farm operation to confirm commercial farm eligibility and/or to verify that the dispute concerns activities that are addressed by an agricultural management practice recommended by the Committee and adopted pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and N.J.A.C. 2:76-2.2 or a site-specific agricultural management practice approved by the board pursuant to N.J.A.C. 2:76-2.3. If board members conduct the inspection, the board shall ensure that less than a quorum, as defined in the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., is present at the inspection.

The board shall, at one or more regular meeting(s), determine commercial farm eligibility and/or determine whether the operation or practice is included in one or more of the permitted activities set forth in N.J.S.A. 4:1C-9.

(d) If the board determines that the farm is a commercial farm pursuant to N.J.S.A. 4:1C-3 and that the dispute concerns activities that are addressed by an agricultural management practice recommended by the Committee and adopted pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and N.J.A.C. 2:76-2.2 or a site-specific agricultural management practice approved by the board pursuant to N.J.A.C. 2:76-2.3, the board shall hold a public hearing in accordance with the hearing procedures set forth in N.J.A.C. 2:76-2.8 and with the provisions of N.J.A.C. 2:76-2.3(k).

The decision of the board, containing its findings and recommendations, shall be forwarded to the Committee, the aggrieved person, the municipality(ies) in which the commercial farm is located, the commercial farm owner, and the commercial farm operator, if applicable, within 60 days of receipt of the complaint.

i. The decision of the board shall be in the form of a resolution providing a summary of the testimony, detailed findings of fact and conclusions of law, references to any supporting documents, a copy of the agricultural management practice or site-specific agricultural operation or practice utilized by the board in its decision, and any other information requested by the Committee.

ii. Any person aggrieved by the decision of the board regarding a complaint against a commercial farm in accordance with (b) above shall appeal the decision to the Committee within 10 days of the receipt of the board's final decision. The Committee shall schedule a hearing pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and make a determination within 90 days of receipt of the petition for review.

(1) The decision of the Committee shall be binding, subject to the right of appeal to the Appellate Division of the Superior Court.

(2) Any decision of the board that is not appealed shall be binding.

(e) If a board exists and the dispute concerns activities that are not addressed by an agricultural management practice recommended by the Committee and adopted pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and N.J.A.C. 2:76-2.2 or a site-specific agricultural management practice approved by the board pursuant to N.J.A.C. 2:76-2.3, the board shall contact the farm owner to provide evidence that the farm operation is a commercial farm pursuant to N.J.S.A. 4:1C-3.

The board shall determine whether the commercial farm operation or practice in dispute involves agricultural activity(ies) that is or are included in one or more of the permitted activities set forth in N.J.S.A. 4:1C-9.

(f) If appropriate, one or more board members or board staff may inspect the farm operation to confirm commercial farm eligibility and/or to verify that the operation or practice is included in one or more of the permitted activities set forth in N.J.S.A. 4:1C-9. If board members conduct the inspection, the board shall ensure compliance with the provisions of the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., if applicable.

(g) If the board determines that the dispute subject to this section does not involve a commercial farm as defined in N.J.S.A. 4:1C-3 and/or agricultural activity(ies) included in one or more of the protected activities set forth in N.J.S.A. 4:1C-9, then the board shall dismiss the complaint. The board's decision shall be set forth in a resolution containing detailed findings of fact and conclusions of law and references to any supporting documents. The resolution shall be transmitted to the commercial farm owner, the commercial farm operator, if applicable, the aggrieved person, the Committee, and the municipality(ies) in which the farm operation is located within 60 days of receipt of the complaint.

(h) If the board determines that the dispute subject to this section involves a commercial farm as defined in N.J.S.A. 4:1C-3 and agricultural activity(ies) included in one or more of the permitted activities set forth in N.J.S.A. 4:1C-9, then the board shall forward the complaint to the Committee requesting the Committee's determination of whether the disputed agricultural operation constitutes a generally accepted operation or practice.

The board shall inform the Committee if it has received a request for a site-specific agricultural management practice determination and, if so, the status of the board's determination.
Upon receipt of the complaint, the Committee shall review the board's determinations that the dispute involves a commercial farm as defined in N.J.S.A. 4:1C-3 and agricultural activity(ies) included in one or more of the permitted activities set forth in N.J.S.A. 4:1C-9. As part of its review, the Committee may contact the farm owner to provide additional information. If the Committee determines that the dispute does not involve a commercial farm as defined in N.J.S.A. 4:1C-3 and/or agricultural activity(ies) included in one of more of the permitted activities set forth in N.J.S.A. 4:1C-9, then the Committee shall dismiss the complaint. The Committee's decision shall be set forth in a resolution containing detailed findings of fact and conclusions of law and references to any supporting documents. The resolution shall be transmitted to the commercial farm owner, the commercial farm operator, if applicable, the aggrieved person, and the municipality(ies) in which the farm operation is located.

i. The Committee's decision shall be considered a final administrative agency decision and shall be binding, subject to the right of appeal to the Appellate Division of the Superior Court.

(i) If the Committee determines that the dispute subject to this section involves a commercial farm as defined in N.J.S.A. 4:1C-3 and agricultural activity(ies) included in one or more of the permitted activities set forth N.J.S.A. 4:1C-9, then the Committee shall hold a public hearing in accordance with the hearing procedures set forth in N.J.A.C. 2:76-2.8. The hearing shall be limited to consideration of whether or not the disputed agricultural activity constitutes a generally accepted operation or practice.

If the Committee determines that the disputed agricultural activity constitutes a generally accepted operation or practice, its determination shall be sent to the board for a public hearing on the allegations of the complaint filed by the aggrieved person against the commercial farm.
If the Committee determines that the disputed agricultural activity does not constitute a generally accepted operation or practice, the complaint shall be dismissed. The Committee's determination shall be considered a final administrative agency decision and shall be binding, subject to the right of appeal to the Appellate Division of the Superior Court.
The Committee's determination pursuant to (i)1 or 2 above shall be in the form of a resolution containing detailed findings of fact and conclusions of law and references to any supporting documents. The resolution shall be sent to the board, the aggrieved person, the municipality(ies) in which the commercial farm is located, the commercial farm owner, and the commercial farm operator, if applicable.

(j) Upon receipt of the Committee's determination pursuant to (i)1 above, the board shall hold a public hearing on the allegations of the complaint filed by the aggrieved person against the commercial farm. The board shall issue its findings and recommendations within 60 days of the receipt of the Committee's decision. The board's hearing shall be conducted in accordance with the procedures set forth in N.J.A.C. 2:76-2.8 and with the provisions of N.J.A.C. 2:76-2.3 (k).

(k) Any person aggrieved by the decision of the board regarding a complaint against a commercial farm in accordance with this section shall appeal the decision to the Committee within 10 days from receipt of the board's decision. The Committee shall schedule a hearing and make a determination within 90 days of receipt of the petition for review.

The decision of the Committee shall be binding, subject to the right of appeal to the Appellate Division of the Superior Court.
Any decision of the board that is not appealed shall be binding.

History

New Rule, R.1999 d.198, effective 6/21/1999.
See: 31 N.J.R. 816(a), 31 N.J.R. 1603(a).
Recodified from N.J.A.C. 2:76-2.10 and amended by R.2014 d.057, effective 4/7/2014.
See: 45 N.J.R. 1449(a), 46 N.J.R. 599(a).
Section was "Negotiation of conflicts between any person aggrieved by the operation of a commercial farm". Rewrote the section.
Administrative correction.
See: 48 N.J.R. 2431(c).

N.J. Admin. Code § 2:76-2.8 Hearing procedures for Right to Farm cases

(a) The Committee and county agriculture development boards shall follow the procedures set forth in this section for cases arising from the Right to Farm Act, N.J.S.A. 4:1C-1 et seq. and the Right to Farm rules set forth at N.J.A.C. 2:76-2, 2A, and 2B.

(b) The procedures set forth in this section shall apply only after the county agriculture development board or the Committee determines that it has jurisdiction to hear the Right to Farm case.

(c) Procedures applicable to requests by a commercial farm for a site-specific agricultural management practice determination (see N.J.A.C. 2:76-2.3 and 2.4) shall be as follows:

Written notice of the request shall be given by the commercial farm, at its sole expense, via certified mail, return receipt requested, and/or by personal service, to:

i. The clerk and land use board secretary of the municipality in which the commercial farm is located. If the commercial farm is located within 200 feet of an adjoining municipality, then written notice of the request shall be given as set forth in (c)1 above to the clerk and land use board secretary of the adjoining municipality;

ii. The owners of all real property, on the current tax duplicates, within 200 feet in all directions of the property upon which the commercial farm is located. The commercial farm shall be solely responsible to pay for and obtain a certified list of property owners in accordance with N.J.S.A. 40:55D-12.c;

iii. The State Agriculture Development Committee;

iv. The county planning board, if the commercial farm is located on property adjacent to a county road or county-owned property;

v. The Commissioner of the New Jersey Department of Transportation, if the commercial farm is located on a State highway;

vi. The public, by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.

The written notice set forth in (c)1 above shall state the date, time, and place of the hearing; the site-specific agricultural management practice(s) that will be considered at the hearing; the identity of the property upon which the commercial farm is located by street address, if any, or by reference to lot and block number(s); the location and times at which documents in support of the commercial farm's request are available at the office of the board; and advise that the board will accept public comments at and/or prior to the hearing.

i. The board shall allow the applicant to respond to any written comments within such reasonable time as the board directs.

ii. The written notice set forth in (c)1 above shall be served at least 10 days in advance of the hearing, and proof of service of the notice, along with the certified list of property owners, shall be provided by the commercial farm to the board.

iii. The hearing shall not begin until satisfactory proof of notice to all appropriate individuals has been provided by the commercial farm.

The board hearing shall be conducted in accordance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.

i. The testimony of all parties and witnesses shall be under oath or affirmation administered by the chairperson of, or counsel to, the board. Testimony presented at the hearing may include verbal and written statements from the commercial farm operator, expert witnesses, and any other party deemed necessary by the board.

ii. The hearing shall not be bound by statutory or common law rules of evidence or any rule formally adopted in the New Jersey Rules of Evidence; however, the board may exclude irrelevant, immaterial, or unduly repetitive evidence.

iii. The hearing shall be recorded utilizing a sound recording device or a stenographer.

(d) Procedures applicable to a complaint by an aggrieved person against a commercial farm (see N.J.A.C. 2:76-2.7) shall be as follows:

The board shall provide notice of the complaint, in writing, to the commercial farm owner, the commercial farm operator, if applicable, the Committee, and to the municipality(ies) in which the commercial farm is located, within 10 days of receipt of the complaint.
The board hearing shall be conducted in accordance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.

iii. The hearing shall be recorded utilizing a sound recording device or a stenographer.

History

New Rule, R.2014 d.057, effective 4/7/2014.
See: 45 N.J.R. 1449(a), 46 N.J.R. 599(a).

N.J. Admin. Code §§ 2:76-2.9 through 2:76-2.10 Reserved

History

Recodified to N.J.A.C. 2:76-2.7 by R.2014 d.057, effective 4/7/2014.
See: 45 N.J.R. 1449(a), 46 N.J.R. 599(a).
Section was "Negotiation of conflicts between any person aggrieved by the operation of a commercial farm".

Subchapter 2A AGRICULTURAL MANAGEMENT PRACTICES: GENERALLY ACCEPTED OPERATIONS AND PRACTICES

N.J. Admin. Code § 2:76-2A.1 Recommendation basis

The agricultural management practices recommended in this subchapter are recommended pursuant to N.J.A.C. 2:76-2.2.

N.J. Admin. Code § 2:76-2A.2 Apiary agricultural management practice

(a) The following words and terms, as used in this section, shall have the following meanings:

"Apiary" means one or more colonies of honey bees.

"Bee" means members of the genus apis.

"Colony" means a hive or swarm of bees.

"Hive" means the manmade structure which contains a colony of honey bees.

(b) All overwintering apiaries must be registered with the New Jersey Department of Agriculture, pursuant to N.J.A.C. 2:24-3.1 et seq.

(c) Overwintering apiaries, honey production apiaries, queen and package apiaries and bee colonies utilized for crop pollination will not exceed an average density of 50 colonies per acre.

(d) All colonies must be located at least 25 feet from a public sidewalk, alley, street or road.

(e) All apiaries must be at least 300 feet from any residence, excluding the residence(s) associated with the agricultural operation. If less than 300 feet from any residence, a six feet high solid fence or hedge must be erected buffering the residence.

(f) All apiaries must have on site an adequate source of water which is no more than one-half mile from the apiary.

(g) All bee equipment and hives must be maintained in good condition.

(h) All colonies must be kept in movable frame hives in accordance with N.J.S.A. 4:6-10.

N.J. Admin. Code § 2:76-2A.3 Poultry manure agricultural management practice

(a) The poultry manure agricultural management practice applies to agricultural operations, which store poultry manure prior to land application and land apply poultry manure as part of crop production practices. Poultry manure is collected and stored in a variety of ways, depending on the need of the producer. The methods used to collect, handle and store the manure greatly affect its quality. Manure often has to be stored before it is land applied. Proper storage is essential for manure to maintain its value as a nutrient resource and to prevent it from polluting surface or groundwater. The important points to consider when storing poultry manure are to keep it covered so rainfall will not create runoff from the storage area and to stack the manure no more than five to six feet deep to prevent overheating and burning.

(b) Poultry manure should not be stored outside unless it is covered by some type of waterproof sheeting and water is diverted away from the stack. The manure stack should be located on high ground and away from drainage ways and sources of surface water. Covered stockpiles should be considered for short-term storage only. If manure will be stored in this manner for more than one month, place an impervious pad under the stack.

Stockpiles of manure can be protected by covering with plastic sheeting, which is anchored with earth or other suitable weighted materials. Anchor the edges by laying the sheeting edge across a small trench approximately 12 inches deep and backfilling with soil. Lay suitable weighted materials over the top of the plastic on the pile. Heavy gauge (six mil) plastic can last one or two seasons. Lighter gauge plastic is not recommended.
The liner consisting of a minimum of a six mil plastic is laid on the soil surface on top of which the stockpile is formed. If the soil is loose, compact it before laying out the plastic. Apply a 12-inch layer of manure over the majority of the plastic before forming the pile to minimize the possibility of tearing by the equipment tires. Fold the edges of the liner one to two feet up the sides of the pile and anchor in the manure. Apply the surface cover as described for a covered stockpile. The ground liner will be torn during unloading of the pile and new plastic will be required each year.
If a permanent location for manure storage is desired, a concrete slab can be constructed on which to place a covered stockpile. The concrete should be at least six inches thick, reinforced with wire mesh and placed on six inches of compact gravel. To prevent concrete failure, thicken the perimeter of the concrete to form a footer where traffic enters and exits. Construct the stockpile as described for a covered stockpile, as set forth in (b)1 above. Anchor the cover sheet edges with wood poles, concrete blocks or other heavy objects on the concrete slab.
Bunkers are permanent aboveground concrete slabs with two parallel walls of concrete identical to those used for storing silage on livestock farms. A bunker allows deeper piling and compaction of manure to reduce the total area required for the manure storage. An end wall can be constructed to slightly increase the storage capacity. However, loading the structure is more easily accomplished without an end wall. A cover of plastic sheeting can be attached to the walls with batten strips and anchored with a suitable weighted material. A more permanent cover of fiberglass reinforced fabric with edge anchorage eyelets similar to that used for truck covers may be utilized.
Concrete slabs, bunkers or other structures with permanent roofs may be constructed to eliminate the need for plastic covers. The roof structure must be a clear span supported by the outside walls or perimeter posts. Roof structures must be of sufficient height to allow manure piling. Compaction loading will be difficult under a roof. Roofs 12 feet or higher will require wall panels to protect the stored manure from excessive blowing rain.

(c) The rate of manure application should be limited to that amount required for crop production and maintenance of a reasonable level of soil fertility. The amount of poultry manure used depends on crop needs, soil fertility levels, physical characteristics of the soil and the potency of the manure. The actual amount of manure applied should be calculated for each crop production situation as follows:

Manure analysis should be conducted;
Soil fertility tests should be conducted on land areas to be fertilized;
Crop needs for projected yields for each of the main fertilizer elements should be determined from appropriate guides for crop production; and
Manure application should be limited to amounts needed to make up the difference between crop needs and existing soil fertility levels.

(d) The following concern field application of poultry manure:

Manure should not be spread on ground that is frozen, snow covered or too wet to be plowed within the time limits listed in (d)3 and 4 below.
A manure free vegetative buffer zone of not less than 25 feet shall be maintained along or around defined drainage channels and sinkholes on slopes of six percent or less. On slopes greater than six percent, the vegetative buffer shall be four times the percent slope times 100 feet. Where a vegetative buffer is not established, manure shall not be spread closer than 50 feet from the defined drainage channel or sinkholes on slopes of six percent or less. Without a vegetative buffer on slopes greater than six percent, the distance shall be eight times percent slope times 100 feet. For example, the buffer zone for a 10 percent slope should be: 8 x 0.10 x 100 = 80 feet.
The following manure management alternatives concern manure with less than 60 percent moisture content:

i. Manure to be spread on land which will be tilled, shall be incorporated in the soil within 48 hours by:

(1) Moldboard plowing;

(2) Chisel plowing followed by disking; or

(3) Other methods which at a minimum achieve the results attained by the methods identified in (d)3i(1) or (2) above.

ii. Manure may be spread on the surface of pasture or hayland having more than a 75 percent vegetative cover.

iii. Manure may be spread on the surface on land where no-till corn will be planted at half the recommended rate as determined in (c) above during the months of March, April, or May.

Manure containing 60 percent or more moisture shall only be spread on cropland to be tilled and must be incorporated in the soil the same day by:

i. Moldboard plowing;

ii. Chisel plowing followed by disking; or

iii. Other methods which at a minimum achieve the results attained by the methods identified in (d)4i or ii above.

The following concern land slope:

i. Manure shall not be applied on land where the slope exceeds eight percent, except when injected or plow furrow application is made.

ii. If injected or plow furrow application is made, the slope of the land shall not exceed 10 percent.

The requirements for the application of manure as contained in (d)5 above may be modified if the application is made according to an approved conservation plan, developed by the Soil Conservation District for the control of runoff and erosion, and which has been implemented by the owner.

History

New Rule, R.1999 d.199, effective 6/21/1999.
See: 31 New Jersey Register 823(a), 31 New Jersey Register 1607(a).

N.J. Admin. Code § 2:76-2A.4 Food processing by-product land application agricultural management practice

(a) The following words and terms, as used in this section, shall have the following meanings.

"Agronomic rate" means the whole food processing by-product application rate on a dry weight basis designed:

i. To provide the amount of nitrogen or other nutrients needed by the food crop, feed crop, fiber crop, cover crop, or vegetation grown on the land;

ii. To minimize the amount of nitrogen or other nutrients from residual and all other fertilizer sources that passes below the root zone of the crop or vegetation grown on the land; and

iii. To provide the amount of calcium or magnesium oxides capable of neutralizing soil acidity.

"Food processing by-product" means food processing vegetative wastes and/or food processing residuals generated from food processing and packaging operations or similar industries that process food products.

"Food processing residuals" means residuals resulting from the physical, chemical, and/or biological treatment of wastewater generated in food processing and packaging operations or similar industries that process food products, whose application to lands would benefit crop growth and soil productivity. Food processing residuals do not include process waste waters.

"Food processing vegetative waste" means material generated in trimming, reject sorting, cleaning, pressing, cooking, and filtering operations from the processing of fruits and vegetables and the like in food processing and packaging operations or similar industries that process food products. Vegetative wastes include, but are not limited to, tomato skins and seeds, pepper cores, potato peels, cabbage, onion skins, celery pieces, cranberry hulls, cranberry tailings, rice hulls, carrot stems, and coffee grounds.

(b) No commercial farm operator seeking protection of the Right to Farm Act shall apply food processing by-product to a commercial farm except in accordance with the requirements of N.J.A.C. 7:14A and this section.

(c) Only food processing by-product meeting the requirements of N.J.A.C. 7:14A-20.7(h)1 as determined by the Department of Environmental Protection shall be land applied to commercial farms.

(d) Food processing by-product shall not be applied to the land if it is likely to adversely affect a threatened or endangered species listed under section 4 of the Federal Endangered Species Act, 16 U.S.C. § 1533, or its designated critical habitat.

(e) Food processing by-product shall not be applied to agricultural land that is 10 meters or less form the waters of the State, as defined in N.J.A.C. 7:14A-1.2, unless otherwise specified by the Department of Environmental Protection.

(f) Food processing by-product shall be applied to agricultural land at an application rate that is equal to or less than the agronomic rate for the food processing by-product.

(g) Runoff and erosion controls are essential to sound management. Overland flow increases the potential for contamination of surface waters. Erosion decreases soil productivity and increases sediment loads in streams. Soil conservation practices are designed to promote infiltration and slow down the velocity of water that flows over the soil surface. Therefore, it is recommended that food processing by-product be land applied to commercial farms in conjunction with and conformance to a farm conservation plan prepared by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) and approved by the Soil Conservation District.

(h) It is recommended that each farm conservation plan address the commercial farm's site characteristics in order to assess the farm's suitability for land application of food processing by-product including, but not limited to, permeability of the most restrictive layer between zero and 60 inches, infiltration rate, soil drainage class, runoff class, slope, depth to seasonal high water table, frequency of flooding, depth to bedrock and ability to provide adequate buffer zones surrounding land application areas.

(i) Evaluating a commercial farm for beneficial use of food processing by-products requires working within the commercial farmer's existing management system. Food processing by-products utilization should not alter decisions on the crops to grow, the crop rotations to use, and whether to drain, irrigate, or lime the soil. The crop management system dictates when a field is accessible, the frequency of food processing by-product application, the expected amount of nutrients the food processing by-products must deliver, and the application methods.

Food processing by-product may be applied to row, grain, pasture and horticulture crops. The crops most likely to be used in a food processing by-products utilization program are pasture and forage, grain and grass seed, and row crops. Row crops include food crops (crops grown for direct human consumption or animal feeds) and non-food crops such as Christmas trees and ornamentals.

All food processing by-product samples collected for analysis should be representative of the food processing by-product residual to be land applied.

All plant-available nutrients supplied via food processing by-products and other carriers (that is, manure or fertilizers) should be counted toward satisfying the nutrient requirement of a crop and should not exceed said nutrient requirement.
Applications of available nutrients to crops that will not be harvested (for example, green manure crops) shall be limited to that rate recommended as the "establishment" rate for that crop, and shall be assumed to be available for the next crop grown.
All crop management practices shall aim at attaining the expected yield goal.
All crops shall be planted during the season of the year which is most appropriate for the growth of that crop, such that crop growth and maturation, with consequent nutrient uptake and utilization, is maximized.
A crop should be sown on fallow fields within 30 days of the initiation of food processing by-product land application activities on said fields, provided field conditions permit or as soon thereafter as field conditions permit.
The food processing by-product application rate for each field should be uniform over all sections of that field.
Where appropriate, applications of nutrients via food processing by-product may be modified at the discretion of the Department of Environmental Protection through evaluation of monitoring reports, compliance inspection reports or other relevant information including, but not limited to, data concerning food processing by-product quality, soil and crop yield, expert research in the field, and recommendations by County Agricultural Extension Agents or staff of the USDA-NRCS, Soil Conservation District or State Agriculture Development Committee.

(j) Subsurface injection and/or surface application are generally acceptable methods of land applying food processing by-product. Other methods of application, as reviewed and approved in writing by the Department of Environmental Protection, may be more appropriate for certain land applications of food processing by-product. The characteristics of a specific food processing by-product and of the specific commercial farm land application site (for example, slope and infiltration rate) should be evaluated to determine the most appropriate application method. The Department of Environmental Protection, where necessary, may limit the availability of a specific method of application where site specific factors warrant.

(k) Sometimes runoff is inevitable, even from pastures and well-protected fields. This is especially true during high-intensity storms and when the soil is frozen. Regardless of other conservation practices that might be in place, food processing by-products shall not be put on the soil at these times. In fact, N.J.A.C. 7:14A-20.7(b)2 ii prohibits the application of food processing by-product to flooded, frozen or snow-covered land if the food processing by-product could enter surface waters or wetlands. Generally, land is considered flooded when the soil at the surface of the land is saturated with water, regardless of whether water is visible on the ground. Such flooding conditions may be produced by heavy precipitation that occurs locally or at some distance from the commercial farm, the rise of any nearby surface waters, the rise of the groundwater table, the melting of snow and ice, or irrigation.

History

New Rule, R.1999 d.325, effective 9/20/1999.
See: 31 New Jersey Register 1655(a), 31 New Jersey Register 2739(a).

N.J. Admin. Code § 2:76-2A.5 Commercial vegetable production agricultural management practice

(a) Pursuant to the authority at N.J.A.C. 1:30-2.2, the State Agriculture Development Committee hereby adopts and incorporates by reference the Rutgers Cooperative Extension "Mid Atlantic Commercial Vegetable Production Recommendations, 2022/2023" as amended and supplemented, to be the commercial vegetable production agricultural management practice, subject to the modifications as stated at (c) below.

(b) The "Mid Atlantic Commercial Vegetable Production Recommendations, 2022/2023" is available on the Rutgers Cooperative Extension website at http://njaes.rutgers.edu/pubs/.

(c) The recommendations concerning sewage sludge addressed by the "Mid Atlantic Commercial Vegetable Production Recommendations, 2022/2023" in the section entitled "Sewage Sludge" or any other section, are excluded from the commercial vegetable production agricultural management practice. The application of sewage sludge/biosolids to soils used for vegetable production is not a recommended agricultural management practice.

History

New Rule, R.1999 d.366, effective 10/18/1999.
See: 31 New Jersey Register 2021(a), 31 New Jersey Register 3081(b).
Amended by R.2000 d.450, effective 11/6/2000.
See: 32 New Jersey Register 2636(a), 32 New Jersey Register 3974(a).
In (a), (c) and (d), substituted references to 2000 for references to 1999; and in (d), deleted a former third sentence.

N.J. Admin. Code § 2:76-2A.6 Commercial tree fruit production agricultural management practice

(a) Pursuant to the authority at N.J.A.C. 1:30-2.2, the State Agriculture Development Committee hereby adopts and incorporates by reference the Rutgers Cooperative Extension "2021/2022 New Jersey Commercial Tree Fruit Production Guide," as amended and supplemented, to be the commercial tree fruit production agricultural management practice.

(b) Rutgers Cooperative Extension will update its publication as changes in pesticide and chemical labels and restrictions warrant.

(c) The "2021/2022 New Jersey Commercial Tree Fruit Production Guide" is available on the Rutgers Cooperative Extension website at http://njaes.rutgers.edu/pubs/.

History

New Rule, R.1999 d.367, effective 10/18/1999.
See: 31 New Jersey Register 2023(a), 31 New Jersey Register 3081(c).
Amended by R.2000 d.450, effective 11/6/2000.
See: 32 New Jersey Register 2636(a), 32 New Jersey Register 3974(a).
In (a) and (c), substituted references to 2000 for references to 1999.

N.J. Admin. Code § 2:76-2A.7 Natural resource conservation agricultural management practice

(a) The purpose of this section is to establish a generally accepted agricultural management practice for the implementation of a farm conservation plan for the conservation and development of soil, water and related natural resources on farmland.

(b) The following terms, as used in this section, shall have the following meanings:

"District" or "Soil Conservation District" (SCD) means a governmental subdivision of this State, organized in accordance with the provisions of N.J.S.A. 4:24-1 et seq.

"Farm conservation plan" means a site specific plan developed by the landowner and approved by the local soil conservation district which prescribes needed land treatment and related conservation and natural resource management measures including forest management practices that are determined practical and reasonable to conserve, protect and develop natural resources, to maintain and enhance agricultural productivity and to control and prevent nonpoint source pollution.

"United States Department of Agriculture, Natural Resources Conservation Service, (NRCS) Field Office Technical Guide" means a composite of national, regional, State and local data and standards derived primarily from local universities, NRCS and conservation district offices and cooperating conservation agencies which administer natural resource conservation programs.

(c) The implementation of a farm conservation plan on farmland shall be a generally accepted agricultural management practice recommended by the Committee.

A farm conservation plan shall be prepared in conformance with the following:

i. United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG), revised April 20, 1998, incorporated herein by reference, as amended and supplemented; and

ii. Forest management practices shall be in accordance with standards and specifications adopted by the New Jersey Department of Environmental Protection, Bureau of Forest Management where such standards and specifications are not included in the NRCS FOTG.

For purposes of this recommended agricultural management practice, a farm conservation plan which includes recommendations concerning land application of sewage sludge-derived products is not recommended as a generally accepted agricultural management practice by the Committee.

History

New Rule, R.2000 d.96, effective 3/6/2000.
See: 31 New Jersey Register 3881(a), 32 New Jersey Register 787(a).

N.J. Admin. Code § 2:76-2A.8 Agricultural management practice for on-farm compost operations

(a) Pursuant to the authority at N.J.A.C. 1:30-2.2, the State Agriculture Development Committee hereby adopts and incorporates by reference the Natural Resource, Agriculture, and Engineering Service's "Field Guide to On-Farm Composting," NRAES-114, as amended and supplemented, and the Rutgers Cooperative Extension Bulletin E347, "Livestock Mortality and Butcher Waste Composting: Rutgers Recommended Practices," as amended and supplemented, as the agricultural management practice for on-farm compost operations operating on commercial farms, provided that:

Biosolids, including sludge derived materials, paper sludge, cotton sludge, and solid wastes subject to regulation pursuant to N.J.A.C. 7:26 are not part of the compost mixture;
The finished compost product is not distributed or sold to off-farm users, except as set forth at N.J.A.C. 2:76-2B.3(b)3;
The production or use of compost on a commercial farm shall be in accordance with the requirements of the Water Pollution Control Act, N.J.S.A. 58:10-1 et seq., N.J.A.C. 7:26A and 7:14A, and this section;
Only finished compost meeting the product quality criteria at N.J.A.C. 7:26A-4.5(c) shall be land applied to commercial farms;
The location of compost areas and the land application of compost to commercial farms shall be in conjunction with and conformance to a farm conservation plan and a comprehensive nutrient management plan prepared by the United States Department of Agriculture-Natural Resources Conservation Service or a technical service provider and approved by the Soil Conservation District; and
When livestock mortality and butcher waste are used as part of the compost mixture:

i. The livestock mortality and butcher waste shall have been generated on the commercial farm; and

ii. The on-farm composting activities shall be managed to minimize objectionable odors.

(1) The activities shall be in conjunction with and conform to a farm conservation plan that meets the planning criteria for odor resource concerns;

(2) As measured at the property lines of the commercial farm, odor related to the activities shall not be greater than "2--Light" as set forth in the odor intensity scale of the Air Pollution Investigation Guidelines published by the New Jersey Department of Environmental Protection at 39 N.J.R. 3999(c); and

The recommendations concerning local ordinances in the "Livestock Mortality and Butcher Waste Composting: Rutgers Recommended Practices" in the section entitled "Best Management Practices: Burial of Normal Mortalities" are excluded from this agricultural management practice for on-farm compost operations on commercial farms.

(b) Within one year of the start-up of the composting operation, commercial farm operators shall attend a composting course sponsored by the Rutgers Extension County Agricultural or Resource Management Agents or other courses approved by the New Jersey Department of Environmental Protection.

(c) The "Field Guide to On-Farm Composting" is available on the Cornell University Library eCommons website at https://ecommons.cornell.edu/handle/1813/67148.

(d) The "Livestock Mortality and Butcher Waste Composting: Rutgers Recommended Practices" is available on the Rutgers Cooperative Extension website at http://njaes.rutgers.edu/pubs/.

History

New Rule, R.2002 d.94, effective 3/18/2002.
See: 33 N.J.R. 2564(a), 34 N.J.R. 1262(c).
Amended by R.2008 d.229, effective 8/4/2008.
See: 39 N.J.R. 2561(a), 40 N.J.R. 4503(a).
Section was "Agricultural management practice for on-farm compost operations operating on commercial farms". In (a)2, inserted ", except as set forth in N.J.A.C. 2:76-2B.3(b)3".

N.J. Admin. Code § 2:76-2A.9 Fencing installation agricultural management practice for wildlife control

(a) The installation of fencing on farmland for protection against wildlife damage shall be a generally accepted agricultural management practice recommended by the Committee.

The installation of fencing on farmland for protection against wildlife damage shall be performed in accordance with the following:

i. With respect to high-tensile woven wire fencing, the Rutgers Cooperative Extension publication entitled "High-Tensile Woven Wire Fences for Reducing Wildlife Damage," FS 889, which the State Agriculture Development Committee hereby adopts and incorporates by reference, as amended and supplemented, pursuant to N.J.A.C. 1:30-2.2. This publication is available on the Rutgers Cooperative Extension website at http://njaes.rutgers.edu/pubs/;

ii. With respect to electric fencing, the Rutgers Cooperative Extension publication entitled "Vertical Seven-Wire Deer Control Fence," FS 151, which the State Agriculture Development Committee hereby adopts and incorporates by reference, as amended and supplemented, pursuant to N.J.A.C. 1:30-2.2. This publication is available from the Rutgers Cooperative Extension, Department of Agricultural and Natural Resources, 88 Lipman Dr., New Brunswick, NJ 08901;

iii. With respect to portable electric fencing, the Rutgers Cooperative Extension publication entitled "Portable Electric Fencing for Preventing Wildlife Damage", FS888, which the State Agriculture Development Committee hereby adopts and incorporates by reference, as amended and supplemented, pursuant to N.J.A.C. 1:30-2.2. This publication is available on the State Agriculture Development Committee website at http://nj.gov/agriculture/sadc; and

iv. The particular fence manufacturer's installation instructions and guidelines.

Pursuant to N.J.S.A. 4:1C-9 and N.J.A.C. 2:76-2.3 and 2.4, a commercial farm operator shall request a site specific agricultural management practice recommendation from the appropriate County Agriculture Development Board or the State Agriculture Development Committee, in counties where no county agriculture development board exists, when installing, maintaining, or utilizing a type of fence not specifically recommended in this agricultural management practice.

History

New Rule, R.2002 d.93, effective 3/18/2002.
See: 33 New Jersey Register 2566(a), 34 New Jersey Register 1263(a).

N.J. Admin. Code § 2:76-2A.10 Agricultural management practice for equine activities on commercial farms

(a) This agricultural management practice sets forth standards for equine operations and activities, with which farm operations must be in compliance to receive the protections of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

(b) As used in this section, the following words and terms shall have the following meanings:

"Drylot" means an area with less than 70 percent vegetative cover used for turnout of horses.

"Stocking rate" means the amount of land area allocated to each horse for a specific period of time.

"Turnout" means the practice of turning horses loose in an area for all or part of the day.

The following categories of horse management schemes shall constitute the basis for determining the stocking rate for an individual farm, as set forth in (c)2 through 3 below:

i. Pasture regime: Farms that use pasture as a substantial source of nutrition for horses and/or for regular turnout as the horses' primary source of exercise;

ii. Drylot regime: Farms that provide nutrition to horses primarily through purchased or farm-grown feed, and regularly turnout horses on a drylot; and

iii. No regular turnout regime: Farms that provide nutrition to horses solely with purchased or farm-grown feed and that utilize equitation programs for exercise instead of regular turnout.

The standards for pasture regime are as follows:

i. Where pasture provides a significant source of nutrition and exercise, at least 70 percent vegetative cover in the pasture shall be maintained by restricting the number of horses and time allowed for turnout, and through pasture management.

ii. Stocking rates for pasture regimes shall be determined on a case-by-case basis using the following factors:

(1) The size of the horse;

(2) The length of turnout time each day;

(3) The yield potential of the pasture;

(4) Pasture management (mowing, irrigating, fertilizing, seeding, and pasture rotation);

(5) Drainage;

(6) Soil type; and

(7) Weather conditions and season.

For drylot regime and no regular turnout regime, stocking rates for farms which utilize a drylot regime or no regular turnout regime shall be determined on a case-by-case basis by an evaluation of the farm's manure management and dust management practices, pursuant to (d) and (e) below.

(d) The standards for manure management are as follows:

General provisions concerning manure management are as follows:

i. Manure management includes the storage, removal, disposal and composting of manure generated on the farm.

ii. Manure management, including the siting and size of storage areas and composting facilities, shall comply with:

(1) All relevant State and Federal statutes, rules and regulations; and

(2) A farm conservation plan approved by the local soil conservation district pursuant to N.J.A.C. 2:90 and prepared in accordance with the Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG), incorporated herein by reference, as amended and supplemented, available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ.

iii. Equine operations that are deemed concentrated animal feeding operations (CAFO), as defined in N.J.A.C. 7:14A-1.2, shall comply with all relevant State and Federal rules and regulations.

iv. The primary goal of manure management is to minimize odor at storage and application sites, as odors can never be completely eliminated.

The standards for manure disposal are as follows:

i. Manure may be disposed of by:

(1) Spreading on the farm;

(2) Removal for off-farm use; and/or

(3) Composting, in conformance with N.J.A.C. 2:76-2A.8.

ii. Manure shall be spread in accordance with relevant State and Federal rules and regulations, the NRCS FOTG, incorporated herein by reference, as amended and supplemented, available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ, and the Penn State Agronomy Guide, 2007-2008, incorporated herein by reference, as amended and supplemented and available at http://agguide.agronomy.psu.edu/.

iii. The standards for short-term storage of manure are as follows:

(1) If a farm operator disposes of manure by selling or giving it away for off-farm use, he may store the manure for periods no longer than three months.

i. Storage for longer periods may be permitted based on weather conditions and cropping systems of the land where the manure is intended to be applied.

(2) Manure shall be stored in dumpsters or other receptacles and situated on a concrete pad or other surface that complies with NRCS recommendations based on the FOTG, incorporated herein by reference, as amended and supplemented, available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ.

(3) Manure shall be kept as dry as possible to minimize the breeding of flies, vectors, and other fomites.

iv. The standards for long-term storage of manure are as follows:

(1) If a farmer stores manure for the purpose of holding it until he can spread it on his farm, the storage areas shall conform with the standards contained in the NRCS FOTG, incorporated herein by reference, as amended and supplemented, available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ, or a farm conservation plan prepared in accordance with the NRCS FOTG and approved by the local soil conservation district pursuant to N.J.A.C. 2:90.

(2) Farmers shall make reasonable efforts to minimize the breeding of flies, vectors, and other fomites.

Manure storage and composting facilities, and dumpsters containing manure that is to be removed from the farm, shall be located at least 50 feet from property lines, 200 feet from residences on adjacent properties, and 100 feet away from waters of the State.

(e) The standards for riding and training areas are as follows:

Riding and training areas include, but are not limited to, indoor and outdoor arenas, racetracks, training tracks.
Riding and training areas shall be located in a well-drained area of the farm.
Arenas shall be maintained as follows:

i. Manure, shavings and straw shall not be placed in arenas, as these materials can increase the amount of dust in the arena and serve as a breeding area for flies, vectors, and other fomites.

ii. The arena surface, and the area immediately outside the arena, shall be maintained to prevent weeds, unmowed grass, and an accumulation of debris, which can impede the flow of rainwater out of the arena, and serve as habitat for insects and rodents.

Dust management requirements shall be as follows:

i. The goal of dust management shall be to minimize dust, as dust can never be completely eliminated.

ii. Farm operators shall take all reasonable and economically feasible measures to minimize dust production and dissemination, including, but not limited to, applying water, applying other recommended products in accordance with manufacturer guidelines, and establishing and maintaining vegetative buffers or windbreaks.

iii. Water application standards are as follows:

(1) Water is the most effective dust control and bonding agent in indoor and outdoor arenas.

(2) The frequency of watering shall depend upon weather conditions, the type of arena footing, and the intensity of arena use.

(3) Water shall be applied to riding and training areas and driveways in the evening, as it allows a deeper absorption of water, and less water is lost due to wind and evaporation.

(4) If dust is a persistent problem, water shall be applied additional times during the day.

iv. Waste oil shall not be used to control dust.

(f) Fencing standards are as follows:

Horse fences may be constructed and maintained around pastures, exercise areas, equine facilities, water bodies, and areas that can pose a danger to people or horses.
Fences shall be set back from property lines at a distance that is sufficient to:

i. Prevent horses from causing damage to trees and shrubs on neighboring properties;

ii. Facilitate fence repair;

iii. Facilitate mowing; and

iv. Prevent neighbors from having impermissible access to the horses.

For non-electric fences, the fence height shall not be less than four feet nor greater than eight feet.
The standards for fencing materials are as follows:

i. Fencing can be constructed of wood, wire mesh, high tensile wire, metal pipe, or other suitable material.

ii. If electric fences, tapes or wire are used, appropriate warning signs shall be posted to alert persons on the farm and on neighboring properties of the fence and its potential hazards.

iii. Barbed wire fencing is not recommended, but if used, risk to horses shall be minimized.

Fencing to control wildlife shall conform to N.J.A.C. 2:76-2A.9, Fencing installation agricultural management practice for wildlife control.

(g) If the Board or Committee determines that this section does not completely address an agricultural activity being considered for protection under the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., the Board or Committee shall decide whether those aspects of the activity comply with generally accepted agricultural operations or practices.

History

New Rule, R.2008 d.229, effective 8/4/2008.
See: 39 N.J.R. 2561(a), 40 N.J.R. 4503(a).
Section was "Reserved".

N.J. Admin. Code § 2:76-2A.11 Aquaculture agricultural management practice

(a) Pursuant to the authority of N.J.A.C. 1:30-2.2, the State Agriculture Development Committee hereby adopts and incorporates by reference the manual entitled "Recommended Management Practices for Aquatic Farms," published by Rutgers Cooperative Extension and the New Jersey Department of Agriculture in 2004, with a revision date of March 2004, as the agricultural management practice for aquaculture activities on commercial farms, with the following conditions:

If the Board or Committee determines that the publication "Recommended Management Practices for Aquatic Farms" does not completely address an agricultural activity being considered for protection under the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., the Board or Committee shall decide whether those aspects of the activity not addressed by the publication comply with generally accepted agricultural operations or practices.

i. In making these decisions, the Board or Committee may consult with the Aquaculture Technical Committee, a body consisting of aquaculture professionals with technical expertise, as well as with the other agencies, organizations, and persons specified at N.J.A.C. 2:76-2.3(d).

All recommendations in "Recommended Management Practices for Aquatic Farms" shall become mandatory requirements with which a farmer must comply to receive the protections of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
Section VI, Part Two, entitled "Aquatic Organism Importation" of "Recommended Management Practices for Aquatic Farms" is excluded from the Aquaculture Agricultural Management Practice.

(b) Rutgers Cooperative Extension and the New Jersey Department of Agriculture will update its publication as changes in industry standards warrant. The adoption and incorporation by reference in (a) above does not includes future supplements and amendments.

(c) Copies of "Recommended Management Practices for Aquatic Farms" may be obtained from the New Jersey Department of Agriculture, Fish and Seafood Development Program, PO Box 330, Trenton, NJ 08625, and from the Department's website at http://www.state.nj.us/agriculture/rural/seafood/aquaculture.htm.

History

New Rule, R.2005 d.36, effective 1/18/2005.
See: 36 New Jersey Register 3461(a), 37 New Jersey Register 262(b).

N.J. Admin. Code § 2:76-2A.12 Agricultural management practice for the construction, installation, operation or maintenance of solar energy generation facilities, structures and equipment on commercial farms

(a) As used in this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"Ambient sound level" means that measured value, which represents the summation of the sound from all of the discrete sources affecting a given site at a given time.

"Board" means the county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agriculture retention board established pursuant to N.J.S.A. 4:1C-17.

"Commercial farm" means:

A farm management unit of no less than five acres producing agricultural or horticultural products worth $ 2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
A farm management unit less than five acres, producing agricultural or horticultural products worth $ 50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.

"Committee" means the State Agriculture Development Committee (SADC) established pursuant to N.J.S.A. 4:1C-4.

"Conservation plan" means a site-specific plan that prescribes land treatment and related conservation and natural resources management measures that are deemed to be necessary, practical and reasonable for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point source pollution.

"dBA" means the sound level as measured using the "A" weighting network with a sound level meter.

"dBZ" means the sound level as measured using the "Z" weighting network with an octave band sound level meter.

"Decibel" means the practical unit of measurement for sound pressure level as defined in N.J.A.C. 7:29.

"Geotextile fabrics" means permeable, woven and non-woven fabrics that allow for water infiltration into the underlying soil.

"L90" means the sound level exceeded for 90 percent of the duration of a measurement period.

"Lmin" means the minimum sound level measured during a measurement period.

"New Jersey Field Office Technical Guide (NJ-FOTG)" means the USDA-NRCS technical reference, which is incorporated herein by reference, as amended and supplemented, customized for the State of New Jersey, prescribing practices and standards for the conversation and management of soil, water and related natural resources, which is available at http://efotg.nrcs.usda.gov/efotg_locater.aspx?map=NJ.

"Occupied area" means the total contiguous or noncontiguous area(s) supporting the solar energy generation facilities and related infrastructure. The total area calculation shall include land devoted to the solar energy generation facilities; nonfarm roadways; roadway or utility easements accessing the solar generation facilities; any areas of the farm used for underground piping or wiring to transmit solar energy or heat where the piping or wiring is less than three feet from the surface; and any other buildings or site amenities deemed necessary for the production of solar energy on the farm.

"Octave band sound level meter" means an instrument that conforms to ANSI S1.4-1983 or its successors and ANSI S1.11-1986 or its successors.

"Operator" means the person or entity that installs, owns or controls the solar energy generation facilities, structures and equipment.

"Owner" means the owner of record of the commercial farm.

"Prime farmlands" means lands so defined by the USDA Natural Resources Conservation Service.

"Setback" means the distance measured from the nearest vertical component within the occupied area, including, but not limited to, solar arrays, inverters and fencing.

"Site plan" means a plot plan that includes the following:

Property lines and physical dimensions of the commercial farm;
Location, configuration and size of the occupied area measured in square feet and acres;
Method of mounting, system height and generating capacity (in alternating current) of the solar energy generation facilities;
Computed distances for setbacks and screening where required;
Proposed new roadways and existing roadways to access the facilities;
Use of concrete, asphalt, gravel, geotextile fabrics and the nature and extent of any site disturbances within the occupied area;
A copy of the USDA, Natural Resources Conservation Service soil map that uses the most current Soil Survey Geographic (SSURGO) database with a summary of the soil mapping units and designation of prime farmlands for the entire property;
A copy of the conservation plan that was approved by the soil conservation district, which is referenced in this section;
A copy of the farmland assessment form approved by the local tax assessor for the commercial farm; and
A copy of the analysis demonstrating that the solar energy generation system has been designed to comply with the sound standards in (j) below.

"Solar energy" means electricity or heat that is generated through a system that employs solar radiation.

"Solar energy generation facilities" means all the components of a solar energy generation system, including, but not limited to, structures and equipment, photovoltaic panels and films, arrays, collectors, piping, footings, supports, mounting and stabilization devices, inverters, pumps, transformers, electrical distribution and transmission wires, utility poles and other on-farm infrastructure necessary to operate and maintain the system for the generation of power or heat.

"Sound level meter" means an instrument that conforms to ANSI S1.4-1983 or its successors.

"System height" means the highest point of any component of the solar energy generation facilities, structures and equipment at any point in time, as measured from the ground beneath that point.

"Vegetative screen" means the planting of deciduous and non-deciduous trees, shrubs, grasses and other vegetation to serve as a visual screen to obstruct the view of the solar energy generation facilities.

(b) The owner or operator of a commercial farm who is engaged in the construction, installation, operation or maintenance of a solar energy generation facility for purposes of generating solar energy, and is seeking the benefits and protections of the Right to Farm Act, shall comply with the provisions of this section and relevant or applicable State and Federal rules and regulations including, but not limited to, the following:

The Right to Farm Act, N.J.S.A. 4:1C-9;
The Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.;
The Pinelands Protection Act, N.J.S.A. 13:18A-1 et seq., and the standards of P.L. 1979, c. 111, and the Comprehensive Management Plan for the Pinelands Area adopted pursuant to P.L. 1979, c. 111 for any lands located in the Pinelands Area;
The Coastal Area Facilities Review Act, N.J.S.A. 13:19-1 et seq., and the New Jersey Department of Environmental Protection Coastal Zone Management rules at N.J.A.C. 7:7E;
The Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 et seq.;
The Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq.; and
The State Uniform Construction Code, N.J.A.C. 5:23.

(c) The interconnection of the solar energy generation facilities to the electrical transmission or distribution system is subject to any applicable requirements of the Federal or State government.

(d) An owner or operator of a commercial farm who is seeking right-to-farm protection for the construction, installation, operation or maintenance of a solar energy generation facility shall provide a site plan to the board or committee upon request.

(e) Solar energy generation facilities shall not be constructed or installed on prime farmlands to the maximum extent physically and financially practicable.

(f) The mounting of solar photovoltaic panels, collectors or films constructed, installed and operated on the farm shall be done in the following manner:

To minimize adverse impacts on the productivity of the soil, the preferred installation shall be as follows:

i. On buildings or facilities;

ii. On the ground by a screw, piling or similar system that does not require a concrete footing or other permanent mounting; or

iii. Where the occupied area does not exceed one acre on the ground using gravel within contained structures, concrete block or similar materials for the purpose of providing ballast for mounting the solar energy generation facilities; or

In the event that the method in (f)1 above, of mounting the solar photovoltaic panels, collectors or films, are not practicable, then written justification shall be provided by a licensed professional engineer responsible for designing the installation of the solar photovoltaic panels, collectors or films that a permanent ground mounting is necessary to conform with Federal or State laws, rules or regulations and that the permanent mounting requires footings, concrete or other permanent methods.

(g) Ground-mounted solar energy generation facilities shall be constructed in compliance with the following system height, setback and screening standards:

Data in image

Solar energy generation facilities shall not exceed a maximum system height of 20 feet.
Solar energy generation facilities shall be located in a manner that minimizes views of the facilities from public roadways and existing residences not located on the commercial farm, by utilizing existing visual barriers including, but not limited to, buildings, trees, hedgerows and pre-existing natural topography to the maximum extent possible.

i. In the event that existing visual barriers do not fully obstruct the view of the solar energy generation facilities, the installation of vegetative screens is required in certain circumstances as identified in paragraph (g)1 above.

ii. The installation of required vegetative screens shall comply with the aesthetic standards of the conservation plan approved by the soil conservation district and implemented by the owner pursuant to N.J.S.A. 54:4-23.3c.

(1) The conservation plan approved by the soil conservation district must address the soil and water resource concerns outlined in the National and State Resources Concerns and Quality Criteria (Section III) and Practice Standards (Section IV) of the Natural Resources Conservation Service NJ-Field Office Technical Guide (NJ-FOTG). The conservation plan filed must include a completed and NRCS-approved CPA-52 Environmental Evaluation Worksheet.

iii. The aesthetic standards of the conservation plan shall address the following:

(1) The use of existing visual barriers, where practicable;

(2) The need for and location of vegetative screens, including the identification of appropriate species and varieties of vegetation, to ensure that there is adequate visual screening throughout the year; and

(3) The appropriate height or caliper of the vegetation to be planted to ensure that there is a 75 percent screening of the solar energy generation facilities from existing residences on adjacent properties and public roadways within five years of completing the installation of the facilities.

(h) The solar energy generation facilities shall be constructed to avoid solar reflection on adjoining properties and public roadways.

(i) The treatment of the land for purposes of constructing, installing, operating or maintaining the solar energy generation facilities within the occupied area shall be in accordance with the following standards:

The use of existing roadways to provide access to the solar energy generation facilities shall be maximized to avoid the construction of new onsite roadways to the extent practicable.

i. New roadways within the occupied area shall be designed as grassed roadways to minimize the extent of soil disturbance, water runoff and soil compaction.

ii. The use of geotextile fabrics and gravel placed on the surface of the existing soil for the construction of temporary roadways during the construction of the solar energy generation facilities is permitted provided that the geotextile fabrics and gravel are removed once the solar energy generation facilities are in operation;

The use of geotextile fabrics covered by a layer of gravel is permitted as a base for the installation of solar energy generation facilities provided that the system height is no greater than two feet and the occupied area does not exceed one acre;
The use of concrete or asphalt is prohibited within the occupied area, except as follows:

i. The mounting of inverters, transformers, power conditioning units, control boxes, pumps and other such system components;

ii. The mounting of solar photovoltaic panels, films and arrays when used as ballast, as described in paragraph (f)1 above; and

iii. The mounting of the solar photovoltaic panels, films and arrays, if determined necessary by a licensed professional engineer as described in paragraph (f)2 above;

Site disturbance including, but not limited to, grading, soil removal, excavation and soil compaction is limited to no more than one acre within the occupied area to ensure that the area can readily be returned to active agricultural or horticultural production after the removal of the solar energy generation facilities;
During construction and installation of the solar energy generation facilities, appropriate measures are taken to control soil erosion from wind and water including, but not limited to, the following:

i. The temporary stabilization of exposed areas using vegetative cover or mulch; and

ii. The application of non-potable water to exposed areas and the utilization of barriers to control air current and minimize soil blowing;

During operation and maintenance of solar energy generation facilities, appropriate measures are taken to address soil and water resource concerns in accordance with the conservation plan;
The use of geotextile fabrics is permitted only for the purpose of conducting agricultural or horticultural production within the occupied area, unless otherwise permitted in this section; and
Where it is not practicable to utilize the occupied area for agricultural or horticultural production in accordance with N.J.S.A. 54:4-23.1 et seq., the occupied area shall be maintained in a vegetative cover to prevent soil erosion, mowed on a regular basis and managed to prevent weeds or other invasive species from growing or spreading to other areas of the commercial farm or surrounding properties.

(j) Solar energy generation facilities shall be designed to comply with either of the following standards for sound emission:

The sound level shall not exceed 40 dBA when measured at any point on the property line of the commercial farm; or

The sound level shall not exceed the ambient sound levels measured at locations at the property line of the commercial farm that reasonably represent current or potential off-site sensitive receptors in accordance with the following requirements:

i. Ambient sound level measurements shall be made with an octave band sound level meter during daylight hours for periods of at least one half hour and on three separate occasions, a minimum of four hours apart, representing morning, mid-day and evening, at least one of which should be during a non-rush hour. The meter shall be set for slow response with a one second sampling interval; and

ii. The data reported for each occasion shall be the octave band values (31.5 Hz to 8,000 Hz) from the one second sample that represents the L90 or Lmin broadband value ("unweighted" or "flat" response, for example, dBZ).

(k) All inverters, transformers, power conditioning units and other system components that are designed to convert or modify electric current, or transmit electricity to the transmission or distribution system, shall be secured and entirely contained within a structure, building or steel cabinet secured with an operating lock.

(l) There shall be no signs that are visible from any public road posted on the energy generation facilities, equipment and structures, except for the manufacturer's or installer's identification, appropriate warning signs or owner identification.

(m) The solar energy generation facilities shall be deemed abandoned and the facilities shall be decommissioned in those instances when they are no longer being utilized to produce solar energy for a period of 18 consecutive months.

The decommissioning of all solar energy generation facilities shall be subject to local ordinances.
The decommissioning of all solar energy generation facilities shall be done in accordance with a conservation plan designed to address the impacts of the decommissioning process.

i. The conservation plan approved by the soil conservation district shall require, at a minimum, that all solar energy generation facilities shall be removed from the commercial farm and that the land shall be restored in accordance with the conservation plan prepared pursuant to NJ-FOTG in order to achieve as much agricultural productivity of the soil as practicable.

History

New Rule, R.2011 d.222, effective 8/15/2011.
See: 43 N.J.R. 231(a), 43 N.J.R. 2157(a).

N.J. Admin. Code § 2:76-2A.13 Agricultural management practice for on-farm direct marketing facilities, activities, and events s

(a) This section, which is an agricultural management practice, sets forth the standards for on-farm direct marketing facilities, activities, and events that commercial farms must comply with to receive the protections of the Right to Farm Act (Act), N.J.S.A. 4:1C-1 et seq. This section is designed to support and protect on-farm direct marketing operations by identifying safe, effective, and economically viable agricultural management practices for commercial farms seeking the protections of the Act.

(b) As used in this section, the following words and terms shall have the following meanings:

"Agricultural output of a commercial farm" means the items specified in N.J.S.A. 4:1C-9.a that a commercial farm produces and the value-added or processed products produced from those items, provided that the primary and predominant ingredients used to produce such products are grown or raised by the commercial farm. Examples of unprocessed agricultural output include, but are not limited to: fruits, vegetables, nursery stock, bedding plants, cut flowers, Christmas trees, and forest and livestock products. Examples of value-added or processed agricultural output include, but are not limited to: meat products, dairy products, cider, canned goods, baked goods, prepared foods, cut firewood, and wreaths.

"Agriculture-related educational activities" means on-farm educational offerings that have an agricultural focus and are related to marketing the agricultural or horticultural output of the commercial farm. Such activities are accessory to, and serve to increase, the direct-market sales of the agricultural output of a commercial farm by enhancing the experience of purchasing agricultural products for the purpose of attracting customers to the commercial farm. Examples of agriculture-related educational activities may include, but are not limited to: school trips, hands-on farming activities, educational displays, farm tours, farm task experiences, wine tastings, agriculture-related lectures for clubs, farm open house days, and agriculture-related classes on topics, such as, but not limited to: canning, freezing, cooking with fresh produce, pie making, pruning, beekeeping, animal care, and gardening.

"Ancillary entertainment-based activities" means non-agricultural offerings, commonly used as incidental components of on-farm direct marketing activities, that are accessory to, and serve to increase, the direct-market sales of the agricultural output of a commercial farm. Such activities are designed to attract customers to a commercial farm by enhancing the experience of purchasing agricultural products. Examples of ancillary entertainment-based activities include, but are not limited to: background live or recorded music, face painting, story-telling, sandbox area, small swing set or playground equipment, pedal carts for children, and picnic tables. Such activities may have a fee associated with them, but such fees shall be de minimis compared to the income generated from the sale of the agricultural output of the commercial farm.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"Buffer" means a setback distance and/or screening utilized by a commercial farm in conjunction with its on-farm direct marketing facilities, activities, or events.

"Commercial farm" means:

A farm management unit of no less than five acres producing agricultural or horticultural products worth $ 2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.); or
A farm management unit less than five acres, producing agricultural or horticultural products worth $ 50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.).

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Community supported agriculture (CSA) operation" means an on-farm direct marketing method in which the retail sale of the agricultural output of a commercial farm is provided through a paid subscription.

"Complementary products" means items commonly used to facilitate the use or consumption of the agricultural output of the commercial farm and promotional items that help market the commercial farm. Examples of promotional items include, but are not limited to, souvenir items such as commercial farm-branded shirts, hats, and bags.

"CSA market and distribution area" means an on-farm direct marketing facility used by a CSA operation to organize and dispense CSA operation members' farm product shares and to market products that contribute to farm income.

"Farm-based recreational activities" means recreational offerings that are uniquely suited to occurring on a farm and also may include common outdoor recreation activities that are compatible with the agricultural use of the farm, where such offerings and activities are related to marketing the agricultural or horticultural output of the commercial farm. Such activities are accessory to, and serve to increase, the direct-market sales of the agricultural output of the commercial farm by enhancing the experience of purchasing agriculture products for the purpose of attracting customers to the commercial farm. Examples of farm-based recreational activities uniquely suited to occurring on a farm may include, but are not limited to: corn, sunflower, and other crop mazes; hayrides and wagon rides; agricultural animal display or petting areas; farm tours; horseback riding; pony rides; and tractor pulls. Examples of farm-based recreational activities considered common outdoor recreation activities that are compatible with the agricultural use of the farm include, but are not limited to: hiking; bird watching; sleigh rides; hunting and fishing; and bonfires. Activities and related infrastructure not considered farm-based recreational activities include, but are not limited to: athletic fields; paintball; go-karting and other similar racetracks; carnival-type amusement rides; and the flying of hobby, private, or commercial aircraft.

"Farm market" means a facility used for the wholesale or retail marketing of the agricultural output of a commercial farm and products that contribute to farm income, except that if a farm market is used for retail marketing at least 51 percent of the annual gross sales of the retail farm market shall be generated from sales of agricultural output of the commercial farm, or at least 51 percent of the sales area shall be devoted to the sale of agricultural output of the commercial farm, and except that if a retail farm market is located on land less than five acres in area, the land on which the farm market is located shall produce annually agricultural or horticultural products worth at least $ 2,500.

"Hours of operation" means the time during which an on-farm direct marketing facility, activity, or event is open or offered to the public.

"On-farm direct marketing" means the on-farm facilities, activities, and events that are used to facilitate and provide for direct, farmer-to-consumer sales of the agricultural output of the commercial farm and products that contribute to farm income.

"On-farm direct marketing activity" or "activity" means an agriculture-related happening made available by a commercial farm that is accessory to, and serves to increase, the direct-market sales of the agricultural output of the commercial farm. Such activities are designed to attract customers to a commercial farm by enhancing the experience of purchasing agricultural products and include, but are not limited to: agriculture-related educational activities; farm-based recreational activities; and ancillary entertainment-based activities.

"On-farm direct marketing event" or "event" means an agriculture-related function offered by a commercial farm that is accessory to, and serves to increase, the direct-market sales of the agricultural output of the commercial farm. Such events are designed to attract customers to a commercial farm by enhancing the experience of purchasing agricultural products; may include on-farm direct marketing activities as components; are either product-based or farm-based; and occur seasonally or periodically. Product-based events, provided they demonstrate the required relationship to marketing the output of the commercial farm, may include, but are not limited to: an apple, peach, strawberry, pumpkin, wine, or other agricultural or horticultural product festival held at a commercial farm that produces that particular product. Farm-based events provided they demonstrate the required relationship to marketing the output of the commercial farm, may include, but are not limited to: seasonal harvest festivals held at a commercial farm that produces such seasonal farm products, farm open house events, CSA membership meetings, and farm-to-table events that showcase the agricultural output of the commercial farm.

"On-farm direct marketing facility" or "facility" means a type of farm market including the permanent, temporary, and/or moveable structures, improvements, equipment, vehicles, and apparatuses necessary to facilitate and provide for direct, farmer-to-consumer sales of the agricultural output of the commercial farm and products that contribute to farm income. Such facilities include various types and sizes of direct marketing operations, including, but not limited to: farm stands; farm stores; CSA market and distribution areas; and pick-your-own (PYO) market areas. A facility may include one or more structures or a portion of a structure, and a facility may utilize new or existing structures. A facility's structures may also be used for the commercial farm's other farm purposes, for instance: equipment storage, equipment maintenance, and the production, processing, packaging, storage, or wholesale marketing of the agricultural output of the commercial farm.

"Pick-your-own (PYO) operation" means an on-farm direct marketing method wherein retail or wholesale customers are invited onto a commercial farm in order to harvest and pay for agricultural or horticultural products . Examples of PYO operation crops include, but are not limited to, fruits, vegetables, flowers, and Christmas trees.

"Products that contribute to farm income" means complementary or supplementary products that are sold to help attract customers to the farm market though a broadening of the range of products available and an enhancement of the experience of purchasing the agricultural output of the commercial farm.

"PYO market area" means an on-farm direct marketing facility used by a PYO operation to set up PYO activities and collect money for PYO crops harvested by customers. PYO market areas may be stand-alone facilities or part of other on-farm direct-marketing facilities. In some cases, such as when a commercial farm has a CSA operation or component, PYO operations may not necessarily involve the collection of money following harvesting, as PYO crops may be one of the benefits of a CSA membership.

"Sales area" means the indoor, outdoor, covered, and uncovered areas of an on-farm direct marketing facility whose primary and predominant use is the display, marketing, and selling of the agricultural output of a commercial farm and products that contribute to farm income. Sales areas do not include: PYO and other production fields; pastures and other areas occupied by livestock on a regular basis; non-public areas, such as areas used for the storage of equipment and other items; and areas dedicated to farm-based Recreational activities. Covered sales areas include sales areas inside structures and sales areas underneath tents, awnings, and other canopies.

"Sanitary facilities" means restrooms or portable toilets.

"Supplementary products" means the agricultural output of other farms, and additional customary food and drink items.

(c) The hours of operation allowed for on-farm direct marketing facilities, activities, and events on commercial farms shall be as follows:

On-farm direct marketing facilities and activities may be open or offered on weekdays, weekends, holidays, seasonally, for part of the year, or year-round.
On-farm direct marketing events may be offered on weekdays, weekends, holidays, seasonally, or for part of the year.
Hours of operation may be between 6:00 A.M. and 10:00 P.M. These hours may be temporarily extended to 11:00 P.M. in conjunction with seasonal on-farm direct marketing sales, activities, or events.

(d) The standards for lighting of on-farm direct marketing facilities, activities, and events on commercial farms shall be as follows:

When an on-farm direct marketing facility, activity, or event is open or offered after dark, a commercial farm shall provide, unless specified otherwise in this section, lighting for areas used by customers, such as: walkways, parking areas, sales areas, activity areas, and event areas. This lighting shall provide, at a minimum, the amount of light necessary for customer safety.
All lighting shall be provided with lights focused either downward or with an orientation designed to minimize light spilling off the site and to minimize impacts on adjacent off-farm residential buildings and streets. Lights shall not be focused directly onto public roads.
Any temporary lighting shall be removed within 30 days after the activity or event has ended.
Lighting for on-farm direct marketing purposes shall be turned off within half an hour of the close of business.
In addition to lighting referenced in (d)1 through 4 above for on-farm direct marketing purposes, a commercial farm may use lighting for other farm management purposes, for example, for security. Security lighting may be used to help protect a farm's products or other physical or natural resources and to discourage trespassing and vandalism and is subject to the provisions in (d)2 above.

(e) The requirements for sanitary facilities at on-farm direct marketing facilities, activities, and events on commercial farms shall be as follows:

A commercial farm shall provide sanitary facilities in the following cases:

i. If indoor seating space, outdoor picnic tables, or other areas are made available to enable customers to consume food on-site;

ii. If an on-farm direct marketing activity or event promotes customers staying on-site for more than 90 minutes; and

iii. When required pursuant to N.J.A.C. 8:24, the Sanitation in Retail Food Establishments and Food and Beverage Vending Machines, or N.J.A.C. 5:23, the New Jersey Uniform Construction Code.

The number of sanitary facilities provided shall be sufficient to accommodate, without causing long queues, the volume of visitors expected in conjunction with on-farm direct marketing facilities, activities, or events.

A commercial farm shall provide hand-sanitizing facilities for visitors to utilize after the use of the sanitary facilities. Hand-sanitizing facilities include running water with soap, antibacterial hand wipes, waterless hand sanitizers, and/or other hand-washing stations.
Sanitary facilities shall be located and managed with an appropriate cleaning schedule, so as to prevent adverse impacts on adjacent properties, such as odors.

(f) The requirements for safety for on-farm direct marketing facilities, activities, and events on commercial farms shall be as follows:

A commercial farm shall provide visitors with any rules or safety procedures associated with the on-farm direct marketing facilities, activities, and events that are provided, offered, or held. This information may be conveyed by farm staff, through posted signs or written handouts, or through other appropriate means, and may include notice that visitors share in the responsibility for their own safety, such as being aware of inherent risks, using common sense, and wearing farm-appropriate attire.
Hazardous materials shall be safely stored in a secure location and in compliance with relevant State and Federal laws, rules, and regulations.

(g) The standards for the use of signs for on-farm direct marketing facilities, activities, and events on commercial farms shall be as follows:

A commercial farm may use permanent and temporary signs to promote its on-farm direct marketing facilities, activities, and events.

i. Examples of signs include, but are not limited to, directional signs; advance signs; signs promoting the products available for sale; and facility, activity, and event signs.

The following general standards shall apply to all signs used for on-farm direct marketing facilities:

i. Signs shall be installed and maintained in a manner that does not pose a direct threat to public health and safety. Signs shall not interfere with sight distances at street intersections, ingress and egress points to or from parking areas, and other locations;

ii. Signs may be attached to farm buildings, fences, or other structures or be freestanding;

iii. Signs may have information on both sides.

iv. The use and location of signs shall comply with relevant Federal and State laws, rules, and regulations;

v. Along the approach to the farm on the road on which the on-farm direct marketing facility, activity, or event is located, a commercial farm may install advance signs up to one-half mile away from the farm's entrance. Advance signs are designed to alert drivers of an approaching on-farm direct marketing facility, activity, or event and are generally located in close proximity to one another along the road approaching, and leaving, the site upon which the facility, activity, or event is located;

vi. Directional and other signs may be installed at key intersections or other important locations;

vii. A commercial farm shall obtain the permission of the appropriate landowner or easement holder when locating signs at off-farm locations;

viii. Temporary signs promoting a seasonal on-farm direct marketing facility, activity, or event may be installed up to one month prior to the facility, activity, or event's seasonal opening and shall be removed within 15 days of seasonal closing; and

ix. Internally-lit and neon-type signs are not eligible for Right to Farm protection.

A commercial farm's primary on-site farm business sign shall comply with the following standards (if the commercial farm has frontage on multiple roads, one primary on-site farm business sign may be placed on each frontage):

i. The sign is set back at least 10 feet from the paved portion of the street right of way;

ii. The maximum size (meaning the physical size of the sign and not the combined square footage of both sides) is 32 square feet; and

iii. The maximum height to the top of the sign does not exceed 15 feet from the ground.

The provisions of this subsection shall not apply to a commercial farm's primary on-site farm business sign(s), commercial billboards, New Jersey Department of Transportation Tourist Oriented Directional Signage (TODS), Farmland Preservation signs, signs whose sole purpose is to facilitate and provide for safe traffic movement directly onto or from the farm site, and signs within the interior of the farm that are not intended to be visible from a public right of way. A commercial farm's on-farm direct marketing facility, activity, and event signs shall meet the following criteria:

i. The maximum size of any one sign (meaning the physical size of the sign and not the combined square footage of both sides) is 16 square feet;

ii. The total combined square footage of the signs does not exceed 160 square feet (this is calculated by summing the physical sizes of the signs and not the square footage of the signs' front and back sides); and

iii. If a commercial farm has multiple distinct and separate on-farm direct marketing locations, such as two on-farm direct marketing facilities located on two different properties within the farm management unit, each on-farm direct marketing location may utilize a total combined square footage of signs of 160 square feet, as specified in (g)4ii above.

(h) In the absence of municipal standards for the construction of parking areas applicable to on-farm direct marketing facilities, the standards in this subsection shall apply to facilities' parking areas.

A commercial farm's parking areas for on-farm direct marketing facilities, activities, and events may include areas permanently devoted to parking, areas temporarily devoted to parking, or a combination of such areas. Areas permanently devoted to parking means areas utilized by the facility on a daily basis when the facility is open. Areas temporarily devoted to parking means areas utilized by the facility when additional parking capacity is needed on a short-term, temporary basis, such as in conjunction with seasonal on-farm direct marketing sales, activities, or events.
The following standards shall apply to all parking areas:

i. Safe, off-road parking shall be provided. Parking shall not be located in a road right of way, and the number of spaces provided shall be sufficient to accommodate the normal or anticipated traffic volume for the commercial farm's on-farm direct marketing facilities, activities, and events;

ii. Ingress and egress points, driveway areas, and parking areas shall be arranged, so as to provide for safe traffic circulation. This arrangement shall allow customers to safely pull off of and onto adjacent roadways, and to safely maneuver to and from parking areas and into and out of parking spaces. On-farm direct marketing facilities need adequate driveway access to enable customers to reach the facility from the adjacent roadway; and

iii. Where applicable, on farms that allow buses, parking areas shall accommodate bus traffic and allow for the safe unloading and loading of bus passengers.

The types of surfaces and any physical improvements associated with areas permanently devoted to parking, such as curbing or landscaping, need not involve greater than the minimum level of improvements necessary to protect public health and safety.
The following standards shall apply to areas temporarily devoted to parking:

i. Areas temporarily devoted to parking shall require few or no improvements, so that they can easily be converted back to productive agricultural use once a farm's need for short-term additional parking ceases;

ii. Areas temporarily devoted to parking may include, but are not limited to, hay fields, grass fields, pastures, and other crop fields, provided they have vegetative or organic mulch cover, such that bare ground is not parked on;

iii. The slope of the land shall be considered to address issues related to drainage, puddles and pockets of standing water, and safety;

iv. During dry conditions, areas temporarily devoted to parking shall be mowed, so as to minimize fire hazards related to vegetation coming in contact with the underside of customer vehicles;

v. During wet conditions, areas temporarily devoted to parking shall be managed to provide vehicles and pedestrians with safe and sufficient traction; and

vi. A commercial farm shall mark, sign, or indicate through staff direction or other means where vehicles should be parked.

(i) The standards for buffers for on-farm direct marketing facilities, activities, and events on commercial farms shall be as follows:

The general standards are as follows:

i. A commercial farm may utilize buffers as an effective tool to mitigate the impacts that on-farm direct marketing facilities, activities, or events may pose on adjacent properties, such as noise, dust, and light spillage.

ii. Buffers need not involve greater than the minimum setbacks and/or screening necessary to protect public health and safety and to mitigate unreasonably adverse impacts on adjacent properties.

iii. When making determinations regarding the necessity or extent of buffers, consideration shall be given to the following:

(1) The nature of the existing adjacent property uses;

(2) The nature and scale of the commercial farm's on-farm direct marketing facilities, activities, and events;

(3) The frequency of the commercial farm's activities and events;

(4) The physical features and constraints of the commercial farm property;

(5) The presence or absence of existing on- or off-farm buffers; and

(6) The economic feasibility of using buffers.

The setback requirements are as follows:

i. The standards in this paragraph shall apply to the location of building and parking areas for on-farm direct marketing facilities.

ii. The following standards shall apply to new or expanded facilities' permanent structures:

(1) A 50-foot front-yard setback from the paved portion of the road right of way;

(2) A 50-foot side-yard setback from the property line; and

(3) A 50-foot rear-yard setback from the property line;

iii. The following standards shall apply to new or expanded activities and events:

(1) A 25-foot front-yard setback from the paved portion of the road right of way;

(2) A 50-foot side-yard setback from the property line;

(3) A 50-foot rear-yard setback from the property line; and

(4) A 100-foot setback from an existing, occupied residence not located on the farm.

iv. The following standards shall apply to new or expanded areas permanently devoted to parking:

(1) A 25-foot front-yard setback from the paved portion of the road right of way;

(2) A 50-foot side-yard setback from the property line; and

(3) A 50-foot rear-yard setback from the property line.

v. Setbacks of a lesser distance than those specified in (i)2ii through iv above may be permissible provided the following is met:

(1) Screening is considered and, if appropriate, installed;

(2) The combined setback distance and screening arrangement receives approval as a site-specific agricultural management practice pursuant to N.J.A.C. 2:76-2.3 and 2.4;

(3) The site-specific agricultural management practice determination takes, at a minimum, the following into consideration:

(A) Adjacent property uses and buffers;

(B) The scale of the facility and intensity of its use;

(D) The physical features and constraints of the commercial farm property; and

(E) The economic feasibility of using buffers; and

(4) For a board or the Committee to make a site-specific agricultural management practice determination departing from the provisions in (i)2ii through iv above, a commercial farm must provide a legitimate farm-based reason for the departure and address the considerations listed in this subparagraph.

vi. Existing on-farm direct marketing facilities, activities, or events, including existing areas permanently devoted to parking, are not subject in their current layout and configuration to the provisions of (i)2ii through iv above. If such facilities, activities, events, or parking areas are situated at lesser distances than the standards specified in (i)2ii through iv above, the use of screening for buffer purposes shall be considered.

vii. Existing on-farm direct marketing activities or events that are offered and located in different fields over time shall not be considered new activities or events under this paragraph.

The screening requirements for on-farm direct marketing facilities, activities, and events on commercial farms shall be as follows:

i. Screening, when used for buffer purposes, shall consist of vegetation or structures, such as, but not limited to, trees, bushes, fences, or walls;

ii. If the screening is comprised of vegetation and if used in conjunction with a facility, the existing or newly planted materials shall be grown in such a manner that there is 75 percent screening of the facility within five years;

iii. If the screening is comprised of vegetation and if used in conjunction with an activity or event offered in two or more consecutive years, the existing or newly planted materials shall be grown in such a manner that there is 75 percent screening of the activity or event within five years;

iv. If the screening is comprised of a fence, wall, or another existing farm structure, then the fence, wall, or other existing farm structure shall be of sufficient height or construction to provide 75 percent screening of the facility, activity, or event; and

v. If the distance between a new or expanded facility and an existing, occupied residence not located on the farm is less than 100 feet, screening shall be installed.

For the purposes of this subsection, existing on-farm direct marketing facilities, activities, or events are those facilities, activities, or events that are in operation as of April 7, 2014, the effective date of the AMP.

(j) Outdoor sales areas shall be arranged, so as to not interfere with safe pedestrian and vehicular traffic circulation.

(k) The use of structures or improvements in conjunction with on-farm direct marketing activities and events shall be as follows:

Existing agricultural structures or improvements may be used in conjunction with the offering of on-farm direct marketing activities and events, provided this use does not adversely affect the continued use of the structures or improvements for agricultural production purposes.

New structures or improvements may be constructed and used in conjunction with the offering of on-farm direct marketing activities and events, provided this construction and use has a negligible impact on the farm's continued use of the land for agricultural production purposes.

i. If such structures or improvements are temporary and used in conjunction with a temporary or seasonal activity, the structures or improvements shall be removed within 30 days of cessation of the activity or event.

The use and construction of structures or improvements shall comply with relevant Federal and State laws, rules, and regulations.

(l) On-farm direct marketing activities and events shall have a negligible impact on the farm's continued use of the land for agricultural production purposes.

(m) Standards for certain on-farm direct marketing activities shall be as follows:

For pick-your-own activities, the following standards shall apply:

i. Visitors shall be informed of any rules to follow and instructed as to which fields they are permitted to harvest;

ii. Fields open for pick-your-own activities shall be clearly marked;

iii. Parking areas may be adjacent to or near pick-your-own fields, particularly if such fields are far from the farm's pick-your-own market area; and

iv. Pick-your-own market areas shall comply with applicable standards for on-farm direct marketing facilities.

For choose-and-cut Christmas tree activities, the following standards shall apply:

i. Visitors shall be informed of any activity and equipment rules and where Christmas trees may be selected and cut;

ii. Customers may be allowed to cut their own Christmas trees;

iii. Customers shall not be supplied with power equipment or be permitted to use motorized tree baling equipment; and

iv. Choose-and-cut Christmas tree market areas shall comply with applicable standards for on-farm direct marketing facilities.

For corn, sunflower, and other crop mazes, the following standards shall apply:

i. Visitors shall be informed of any rules associated with the maze, including how to exit the maze in the event of an emergency;

ii. Farm staff shall walk through the maze periodically, or periodically observe the maze from an elevated location, to check for lost visitors. Farm staff shall similarly check for lost visitors before closing the maze;

iii. If a maze is open after dark, adequate lighting shall be provided by the commercial farm and/or used by visitors to illuminate the traveled paths. If lighting is provided, the lighting shall be turned off within half an hour of the close of business; and

iv. No smoking or any other open flames shall be permitted in or near the maze.

For hayrides and wagon rides, the following standards shall apply:

i. Wagons shall be in good repair and have sideboards to contain occupants;

ii. A ladder, ramp, footstool, steps, or other stable device or component shall be used to assist with safe boarding of and disembarking from wagons;

iii. When using a tractor to tow wagons, the left and right brakes of the tractor shall be locked together;

iv. No smoking or any other open flames shall be permitted on hayrides and wagon rides; and

v. Wagon operators shall:

(1) Plan routes in advance;

(2) Be familiar with and have experience operating the tractor and wagon equipment;

(3) Be familiar with and have experience using draft animals, if applicable, and the wagon equipment;

(4) Evenly distribute passengers on the wagons and instruct passengers to remain seated during the ride;

(5) Operate tractor and wagon equipment in low gears and at safe speeds; and

(6) Have a current motor vehicle operator's license.

For livestock and animal activities, the following standards shall apply:

i. A farm employee or activity attendant shall regularly monitor activities in which visitors may have incidental contact with agricultural animals. Incidental contact includes, but is not limited to, agricultural animal display, petting, or feeding areas;

ii. A farm employee or activity attendant shall be present at all times to monitor activities in which visitors are permitted to have direct contact with agricultural animals. Direct contact includes, but is not limited to, horseback riding, pony rides, and animal shows, competitions, or demonstrations;

iii. All agricultural animals having incidental or direct contact with the public shall be observed daily for health problems by a farm employee or activity attendant. Sick animals or animals behaving strangely shall be prevented from having contact with the public;

iv. Hand-sanitizing facilities shall be provided and readily available if an activity is offered in which visitors may have incidental or direct contact with agricultural animals. Hand-sanitizing facilities include running water with soap, antibacterial hand wipes, waterless hand sanitizers, and/or other hand-washing stations. Visitors shall be advised to sanitize their hands after contact with agricultural animals;

v. Visitors shall be advised not to feed agricultural animals unless the feed has been specifically provided by the farm;

vi. Visitors shall be advised that their pets and animals shall not be allowed in areas with agricultural animal activities unless in connection with a specific agricultural purpose, including, but not limited to, agricultural animal shows, competitions, or demonstrations; and

vii. The management of animals shall comply with the Animal Welfare Act, 7 U.S.C. § 54, and the Humane Treatment of Domestic Livestock rules, N.J.A.C. 2:8, as applicable, and any other relevant State and Federal laws, rules, or regulations.

For bonfires, the following standards shall apply:

i. A commercial farm conducting a bonfire shall comply with Uniform Fire Code requirements, N.J.A.C. 5:70-2.7, and any other relevant State and Federal laws, rules, or regulations.

ii. A farm employee shall be present for the duration of the bonfire to monitor and oversee the activity.

(n) The event management plan for on-farm direct marketing events shall include the following:

If the expected volume of traffic and visitors for an event is significantly greater than the volume regularly accommodated by a commercial farm's on-farm direct marketing facility, such that the increased volume of traffic is likely to interfere with the movement of normal traffic or emergency vehicles on- and off-site, the farm shall create and implement a written event management plan to address public health and safety issues including, but not limited to, emergency vehicle access, traffic management, and public health management.

i. A complete copy of the plan shall be provided to the clerk of the municipality in which the commercial farm is located at least 30 days in advance of the event as an advisory notice and to enable coordination between the commercial farm and municipality that may be necessary regarding emergency vehicle access, traffic, and public health management.

ii. Emergency vehicle access management includes establishing the location(s) and manner in which emergency vehicles may access the farm if necessary.

iii. Traffic management includes:

(1) Providing safe ingress and egress, vehicular traffic flow, and pedestrian traffic flow;

(2) Utilizing parking attendants, signs, or other parking-related instructions to facilitate vehicular and pedestrian traffic flow onto, off of, and within the farm. Local police officers may be hired to assist with traffic management;

(3) Establishing areas temporarily devoted to parking based on the volume of visitors expected; and

(4) Establishing overflow parking areas in the event the planned-for parking capacity is exceeded.

iv. Public health management includes:

(1) Providing sanitary facilities sufficient to accommodate, without causing long queues, the volume of visitors expected;

(2) Providing hand-sanitizing facilities for visitors to wash or sanitize their hands after the use of the sanitary facilities;

(3) Locating sanitary facilities and managing them with an appropriate cleaning schedule, so as to prevent adverse impacts on adjacent properties, such as odors;

(4) Providing trash and recycling receptacles to accommodate the volume of visitors expected in order to prevent the accumulation of trash on the ground; and

(5) Properly training and equipping commercial farm staff on how to handle an emergency situation during the event including, but not limited to, whether and how police, fire, or other entities should be contacted based on an actual emergency.

A commercial farm may satisfy the provisions of (n)1 above by obtaining a special events permit, or its equivalent, from the municipality in which the commercial farm is located.
If an event of the type described in (n)1 above occurs periodically or more than once per year and occurs under the same basic conditions, a commercial farm may satisfy the provisions of (n)1 above for the multiple events by submitting a single event management plan that notes the multiple occurrences and the future dates of the event.

(o) This section shall not be construed to extend Right to Farm protection to overnight accommodations of any kind, including, but not limited to, lodging and camping.

(p) The approval of site plan elements for new or expanded on-farm direct marketing facilities shall be as follows:

A commercial farm seeking approval of site plan elements to establish a new, or expand an existing, on-farm direct marketing facility may apply to the municipality and/or the county agriculture development board for such approval.

i. A commercial farm applying to a municipality for approval of site plan elements may request that the municipality consider waiving or reducing review requirements based on a consideration of relevant site-specific elements, such as the following: the farm's setting and surroundings; the scale of the facility and intensity of its use; the type and use of the public road on which the facility is located; and the minimum level of improvements necessary to protect public health and safety. Nothing in this paragraph shall be construed as authorizing a municipality to waive or reduce review requirements required by State or Federal law, rule, or regulation.

ii. A commercial farm applying to a county agriculture development board or the Committee for approval of site plan elements shall request a site-specific agricultural management practice determination pursuant to N.J.A.C. 2:76-2.3 and 2.4.

iii. If a commercial farm has previously obtained approval for an on-farm direct marketing facility, then such a facility closing seasonally and reopening the following year with the same total square footage of indoor and/or outdoor covered sales area as previously approved shall not be considered a new facility.

(q) On-farm direct marketing facilities, activities, and events shall comply with relevant Federal and State laws, rules, and regulations, including, but not limited to:

The Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 et seq.;
The Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.;
The New Jersey Uniform Construction Code, N.J.A.C. 5:23;
The New Jersey Uniform Fire Code, N.J.A.C. 5:70;
The Stormwater Management rules, N.J.A.C. 7:8;
The State Highway Access Management Code, N.J.A.C. 16:47;

The Sanitation in Retail Food Establishments and Food and Beverage Vending Machines rules, N.J.A.C. 8:24; and

The Pinelands Comprehensive Management Plan, N.J.A.C. 7:50.

(r) Additional miscellaneous provisions for on-farm direct marketing facilities, activities, and events on commercial farms shall be as follows:

This agricultural management practice does not preclude a commercial farm from requesting a site-specific agricultural management practice determination for on-farm direct marketing facilities, activities, and events pursuant to N.J.A.C. 2:76-2.3 and 2.4. A board or the Committee, pursuant to N.J.A.C. 2:76-2.3 and 2.4, may make site-specific agricultural management practice determinations for facilities, activities, and events, provided such site-specific agricultural management practice determinations are consistent with the practices set forth in this section.
If a commercial farm believes a municipality's standards for the construction of building and parking areas applicable to on-farm direct marketing facilities are unduly restrictive, or believes a municipality is unreasonably withholding local zoning approval related to a facility, the commercial farm may request that the appropriate board, or the Committee in counties where no board exists, make a determination in the matter by requesting a site-specific agricultural management practice pursuant to N.J.A.C. 2:76-2.3 and 2.4.

History

New Rule, R.2014 d.057, effective 4/7/2014.
See: 45 N.J.R. 1449(a), 46 N.J.R. 599(a).

Subchapter 2B SUPPLEMENTAL AGRICULTURAL ACTIVITIES

N.J. Admin. Code § 2:76-2B.1 Determination basis

Pursuant to N.J.S.A. 4:1C-9(i), the supplemental agricultural activities contained in this subchapter are determined to be eligible to receive the protection of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

N.J. Admin. Code § 2:76-2B.2 Eligibility of pick-your-own operations for Right to Farm protections

Pick-your-own operations rules are set forth in N.J.A.C. 2:76-2A.1 3.

History

Repeal and New Rule, R.2014 d.057, effective 4/7/2014.
See: 45 N.J.R. 1449(a), 46 N.J.R. 599(a).
Section was "Eligibility of pick-your-own operations for Right to Farm protections".

N.J. Admin. Code § 2:76-2B.3 Eligibility of equine activities for right to farm protections

(a) As used in this section, the following words and terms shall have the following meanings:

"All other land not devoted to agricultural or horticultural use" means land other than that used in connection with the farmhouse that is not devoted to an agricultural or horticultural use nor is necessary to support or enhance land actively devoted to an agricultural or horticultural use. This land is assessed and taxed in accordance with the true value standard.

"Appurtenant woodland" means woodland that is part of a farm qualified for farmland assessment. Usually this land is restricted to woodlots because of slope, drainage capability, soil type or typography. Such land has limited productive use but it provides a windbreak, watershed, buffers or controls soil erosion.

"Boarding" means providing horses that are not owned by the owner or operator of a commercial farm with shelter, feed, and care on a continuing basis. "Boarding" shall not be construed to mean "raising" as defined in this section.

"Concrete and asphalt area" means the area of the farm occupied by buildings, or the portions of buildings, which have permanent concrete or asphalt flooring and are used in support of equine activities; and paved parking, driveway, and other paved areas used in support of equine activities.

"Contiguous" means parcels or lots sharing common boundaries. Parcels or lots separated by roads shall be deemed contiguous.

"Cropland harvested" means land that is the heart of a farming enterprise and represents the highest use of land in agriculture. All land from which a crop was harvested in the current year falls into this category.

"Cropland pastured" means land that can be and often is used to produce crops, but its maximum income may not be realized in a particular year. Land that is fallow or in cover crops as part of a rotational program falls in this classification.

"Equine-related infrastructure" means buildings and other related structures used to conduct equine activities, and paved areas, including parking and driveway areas, used in support of equine activities and any appurtenant non-production areas immediately adjacent to or between such buildings, structures, and parking and driveway areas. Equine-related infrastructure shall include agricultural labor housing used to conduct equine activities but shall not include race tracks, the land under and land used in connection with a farmhouse, and all other land not devoted to agricultural or horticultural use, as defined in this section.

"Keeping" means providing horses owned by the owner or operator of a commercial farm with shelter, feed, and care on a continuing basis. "Keeping" shall not be construed to mean "raising" as defined in this section.

"Land under and land used in connection with farmhouses" means land on which a farmhouse is located, together with such land area as may be devoted to lawns, flower gardens, shrubs, swimming pools, tennis courts and like purposes related to the use and enjoyment of the farmhouse. This is land not deemed to be in agricultural or horticultural use and, therefore, is assessed and taxed in accordance with the true value standard, that is at its residential value.

"Non-appurtenant woodland" means woodland which can only qualify for farmland assessment on the basis of being in compliance with a woodland management plan filed with the Department of Environmental Protection. It is actively devoted to the production for sale of tree and forest products.

"Non-contiguous" means parcels or lots not sharing common boundaries.

"Permanent pasture" means land that is not cultivated because its maximum economic potential is realized from grazing or as part of erosion control programs. Animals may or may not be part of a farm operation for land to fall in this category.

"Production area" means the area of the farm, not including the area occupied by equine-related infrastructure, that is in or available for agricultural production and falls within the land use classes "cropland harvested," "cropland pastured," "permanent pasture," "non-appurtenant woodland," or "appurtenant woodland" as established by the State Farmland Evaluation Advisory Committee, and defined in this section, not including freshwater wetlands that have not been modified for agriculture, as determined pursuant to (d) below.

"Raising" means promoting the physical growth of horses to their full-grown stage for the purpose of selling the horses for a profit.

"Rehabilitation" means the care of horses for the purposes of returning them to good health or useful condition.

"Total usable area" means the sum of the production area and the area occupied by equine-related infrastructure, as defined in this section.

"Training" means educating horses to increase their salable value as well as enhance their ability to perform specific tasks and interact productively with people for the purpose of selling the horses for a profit.

(b) The following activities are eligible for the protections and benefits of the Right to Farm Act, subject to the requirements set forth in (c), (d), (e), and (f) below:

The raising, breeding, keeping, boarding, training, and rehabilitation of horses;
Complementary equine activities that are associated with the activities specified in (b)1 above, including, but not limited to, clinics, open houses, demonstrations, educational camps, farm events, competitions, and rodeos, as long as these activities are related to the marketing of horses that are raised, bred, kept, boarded, trained or rehabilitated on the farm, and are in compliance with municipal requirements; and
The sale and distribution of manure and composted products produced on the farm to off-farm users, subject to the following:

i. The manure must be generated on the farm, and composted products must be generated on the farm from materials generated on the farm, with the exception of soil amendments such as lime or super-phosphates that may be necessary;

ii. Vehicular activity occurring on the farm for the purposes of the sale and distribution of manure and composted products described in (b)3i above is eligible for the protections of the Right to Farm Act; and

iii. The sale or distribution of manure not generated on the farm, or of compost generated from either some or all off-farm components, is not eligible for the protections of the Right to Farm Act.

(c) The production area of a commercial farm must be greater than the area occupied by equine-related infrastructure in proportions set forth in (c)3 and 4 below.

The sum of the production area and the area occupied by equine-related infrastructure, as defined in this section, shall be referred to as the total usable area.

If a farm management unit consists of noncontiguous parcels of land, the total usable area shall be determined individually for each non-contiguous parcel.
For farms where the total usable area is 150 acres or less, the area occupied by equine-related infrastructure shall not exceed 15 percent to 25 percent of the total usable area.

i. It shall be the responsibility of each county agriculture development board (CADB) to determine the maximum permissible percentage of total usable area occupied by equine-related infrastructure based on the level of, or proximity of the farm to, non-agricultural development. In counties where no CADB exists, it shall be the responsibility of the Committee to make this determination. This maximum permissible percentage shall not be less than 15 percent nor more than 25 percent.

For farms where the total usable area is greater than 150 acres, the area occupied by equine-related infrastructure may not exceed the sum of 15 percent to 25 percent of the first 150 acres of total usable area, as determined by the CADB or Committee pursuant to (c)3(i) above, plus 10 percent of all additional acres of total usable area above the first 150 acres of total usable area.
Concrete and asphalt area shall not exceed 15 percent of the total usable area of each non-contiguous parcel of the farm management unit.

(d) Evaluation of the calculations under (c) above shall be based on the following:

Geographical Information Systems (GIS) aerial mapping and New Jersey Freshwater Wetlands Data provided by the New Jersey Department of Environmental Protection (NJDEP), which will be used to determine the total usable area, the area occupied by equine-related infrastructure, and the concrete and asphalt area.

i. If NJDEP wetlands maps are in dispute, further investigation and onsite analysis may be conducted by a licensed engineer or qualified wetlands consultant and/or a letter of interpretation may be issued by NJDEP to provide a more accurate assessment of the site conditions;

The farm's Form FA-1 filed pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.), which will be used to determine the area occupied by land under and land used in connection with farmhouses, and all other land not devoted to agricultural or horticultural use;
A visual on-site inspection of existing equine-related infrastructure and concrete and asphalt areas to verify NJDEP GIS mapping, FA-1 form information, and CADB or Committee determinations.

i. Equine-related infrastructure and concrete and asphalt areas existing on the farm but not on NJDEP GIS maps shall be measured either on-site or through certified engineering drawings obtained from the farmer.

ii. If a matter involves proposed construction, the farmer shall provide written estimates of the area on which equine-related infrastructure would be constructed, as well as any proposed concrete and asphalt areas; and

The Committee retains final jurisdiction in any dispute regarding a CADB's evaluation under this subsection.

(e) The following income may be used to satisfy the production requirements in the definition of "commercial farm" set forth in N.J.S.A. 4:1C-3:

Income from breeding, which may include:

i. Income from insemination fees, which involves the collection of semen from horses owned by the farm operator or owner, preparation of semen for insemination, and insemination;

ii. Income from selling semen collected from horses owned by the farm operator or owner;

iii. Income from stallion fees; and

iv. Income from the sale of a horse that has been bred from a mare owned by the farm operator or owner;

Imputed income from pasturing horses, as determined by the productivity values set annually by the State Farmland Evaluation Advisory Committee;
Income from the sale of a horse that was trained or raised on the commercial farm for at least 120 days prior to the time of sale; and
Income from fees associated with raising a horse on the commercial farm for at least 120 days.

(f) The following income cannot be used to satisfy the production requirements in the definition of "commercial farm" set forth in N.J.S.A. 4:1C-3:

Fees from boarding;

Fees from riding and driving lessons;
Fees from equine assisted therapy;

Monetary proceeds from racing; and

Fees from training horses.

(g) To receive the protections of the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., a commercial equine operation must be in compliance with a farm conservation plan prepared in accordance with the Natural Resources Conservation Service (NRCS) Field Office Technical Guide (FOTG), incorporated herein by reference, as amended and supplemented, available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ and must meet the eligibility criteria set forth in the Act, including the following:

The commercial farm must be located in an area, in which, as of December 31, 1997, or thereafter, agriculture is a permitted use under the municipal zoning ordinance and is consistent with the municipal master plan or which commercial farm is in operation as of July 2, 1998;

The operation or agricultural activity at issue shall conform to the agricultural management practice set forth in N.J.A.C. 2:76-2A.1 0 or in the event that N.J.A.C. 2:76-2A.1 0 does not completely address an agricultural activity being considered for protection under the Right to Farm Act, the activity shall comply with generally accepted agricultural operations or practices;

The operation or agricultural activity shall be in compliance with relevant Federal or State statutes or rules and regulations adopted thereto; and
The operation or agricultural activity shall not pose a direct threat to public health and safety.

History

New Rule, R.2008 d.229, effective 8/4/2008.
See: 39 N.J.R. 2561(a), 40 N.J.R. 4503(a).

Subchapter 3 CREATION OF FARMLAND PRESERVATION PROGRAMS

N.J. Admin. Code § 2:76-3.1 Applicability

This subchapter provides for any eligible landowner to voluntarily petition a county agriculture development board or a subregional agricultural retention board for the creation of a farmland preservation program.

N.J. Admin. Code § 2:76-3.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agreement" means a legally binding written document between the landowner(s), and the board which must be signed by both parties and certified by the State Agriculture Development Committee to signify approval of a petition for creating a farmland preservation program.

"Agricultural Development Area" hereinafter referred to as ADA, means an area identified by a board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Development easement" means an interest in land less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by the provisions of N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32 and any relevant rules or regulations promulgated pursuant hereto.

"Farmland preservation program" means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981," P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32 and the maintenance and support of increased agricultural production as the first priority use of that land.

"Petition" means a formal written document adopted by the board, which an eligible landowner must submit to the board when applying for inclusion in a farmland preservation program.

"Premises" means the property under easement which is defined by the legal metes and bounds description in the Agreement.

"Soil and water conservation project" means any project designed for the control and prevention of soil erosion and sediment damages, the control of pollution on agricultural lands, the impoundment, storage and management of water for agricultural purposes, or the improved management of land and soils to achieve maximum agricultural productivity.

History

Amended by R.1986 d.196, effective 6/2/1986.
See: 18 New Jersey Register 508(a), 18 New Jersey Register 1193(b).
Added definition "premises".

N.J. Admin. Code § 2:76-3.3 Petition

(a) One or more owners of land may voluntarily enter into a farmland preservation program provided the following statutory criteria are satisfied:

The land must qualify for farmland assessment in accordance with the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.;
Is located within an ADA;
Eligibility criteria established by the board; and
Eligibility criteria established by the Committee.

(b) A landowner meeting the statutory provisions contained in (a) above shall submit the following documents to the local board for the creation of a farmland preservation program:

A signed petition (petitions may be obtained from the local board upon request.);
A tax map and any other documents as designed by the board for identifying the boundaries of the proposed program;
A true copy of the deed of the subject lands.

History

Amended by R.1996 d.36, effective 1/16/1996.
See: 27 New Jersey Register 8(a), 28 New Jersey Register 260(a).

N.J. Admin. Code § 2:76-3.4 Board review

(a) Upon receipt of a petition and required documents, the board shall conduct a review to assure compliance with the provisions contained in N.J.A.C. 2:76-3.3 and approve, conditionally approve or disapprove the petition and so notify the applicant(s).

(b) The board shall conduct an owner of last record search on all lands receiving board approval to verify that the landowner is the true owner of record.

N.J. Admin. Code § 2:76-3.5 Agreement

(a) Approval of the petition by the board and creation of the farmland preservation program shall be signified by an agreement between the board and the landowner to retain the land in agricultural production for a minimum period of eight years.

(b) The agreement shall constitute a restrictive covenant and shall be filed with the municipal tax assessor and recorded with the county clerk in the same manner as a deed.

(c) Deed restrictions established by the Committee shall be placed on all lands that are to be included in the farmland preservation program. These restrictions shall remain in effect for the length of the agreement unless the land is withdrawn from the program in compliance with provisions contained in N.J.S.A. 4:1C-30 and N.J.A.C N.J.A.C. 2:76-3.1 1. Any landowner intending to subdivide the subject lands shall advise the board prior to initiating such action (see N.J.A.C N.J.A.C. 2:76-3.1 2).

(d) Subject to Committee approval, the board may establish more stringent deed restrictions for the purpose of recognizing local conditions.

(e) Eligibility of benefits follows:

The land or owner(s) of the land in a farmland preservation program are eligible for the following:

i. To apply, to the board to sell a development easement on the land subject to the provisions of N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32;

ii. To apply, or have a farm operator as an agent apply to the local soil conservation district and the board for a grant for a soil and water conservation project as approved by the State Soil Conservation Committee and authorized by the Committee;

iii. To use a farm structure design as an acceptable minimum construction standard to build farm structures based on criteria developed by a land grant college or a recognized organization of agricultural engineers and approved by the Committee. In addition, the use of the approved design shall exempt the owner or operator from any requirement concerning the seal of approval or fee of an architect or professional engineer;

iv. Additional benefits as determined by the board in accordance with the provisions of N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32;

v. Additional benefits as may be made available from time to time through amendments to N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32 and all other pertinent State, county and municipal laws, rules or policies.

(f) The agreement and the creation of a farmland preservation program shall not become effective until such time that it is certified in accordance with N.J.A.C. 2:76-3.7 and recorded with the county clerk in the same manner as a deed.

History

Amended by R.1996 d.36, effective 1/16/1996.
See: 27 New Jersey Register 8(a), 28 New Jersey Register 260(a).

N.J. Admin. Code § 2:76-3.6 Certification request

(a) The board shall submit the following to the Committee:

A copy of the approved petition;
The original copy of the agreement (the board shall retain appropriate copies.);
A copy of the tax map and any other documents designated by the board for identifying the boundaries of the proposed program. The board shall certify that the land(s) are in a certified ADA and all other criteria pursuant to N.J.A.C. 2:76-3.3 have been satisfied;
A copy of the owner of last record search; and
Any other pertinent information or comments from the board.

History

Amended by R.1996 d.36, effective 1/16/1996.
See: 27 New Jersey Register 8(a), 28 New Jersey Register 260(a).

N.J. Admin. Code § 2:76-3.7 Certification

After review and evaluation of the certification request, the committee shall certify, certify with conditions or deny the approval of the farmland preservation program and present its findings to the Secretary of Agriculture.

N.J. Admin. Code § 2:76-3.8 Recording of the farmland preservation program

(a) Upon receipt of certification, the board shall retain a copy of the agreement and within ten working days send a copy to the following:

The municipal tax assessor;
The county clerk for recording in the same manner as a deed;
The municipal governing body;
The county governing body;
The municipal planning board;
The county planning board;
The soil conservation district; and
The landowner.

N.J. Admin. Code § 2:76-3.9 Renewal, termination, reformation

(a) The farmland preservation program shall remain in effect for a minimum of eight years from the effective date of the creation of a farmland preservation program.

(b) The board shall conduct a review of the practicability and feasibility to continue the program within one year of the effective date of termination. At least 60 days prior to the expiration of the program, the board shall, by certified mail, notify all parties which have entered into the agreement to contact the board in writing, within 30 days of receipt of the notice if they want to continue the program for another eight years or to terminate the program at the end of the initial eight year period.

In the event the landowner(s) intends to continue the farmland preservation program for another eight years, the landowner(s) shall confirm the following:

i. That the record owner(s) of the premises as identified in the agreement has not changed since the creation of the initial farmland preservation program; and

ii. That the legal metes and bounds description of the boundaries of the premises has not changed since the creation of the initial farmland preservation program.

(c) Renewal of the farmland preservation program shall occur if the board and landowner, pursuant to (b) above, determine to continue the program for another eight year period.

(d) If the board receives a notice to terminate the farmland preservation program or the landowner fails to respond during the 30 day period pursuant to (b) above, the program shall terminate at the end of the eight year period.

(e) At least 30 days prior to the expiration of the initial farmland preservation program, the board shall document the renewal or termination of the farmland preservation program by resolution and record such action with the county clerk's office.

The board shall provide notice of the renewal or termination of the farmland preservation program to the Committee, landowner, soil conservation district, municipal tax assessor, county planning board, county governing body, municipal governing body, and municipal planning board.

(f) Reformation of a farmland preservation program as a result of a change in ownership or amendment to the metes and bounds description of the premises shall comply with provisions of N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32 and all rules promulgated by the Committee.

History

Amended by R.1996 d.36, effective 1/16/1996.
See: 27 New Jersey Register 8(a), 28 New Jersey Register 260(a).

N.J. Admin. Code § 2:76-3.10 Inclusion of additional lands

(a) Any landowner not included in the farmland preservation program, as initially created, may within two years following the creation date, request inclusion, and upon review by the board and a finding that this inclusion is warranted, become part of the farmland preservation program provided that the landowner enters into an agreement pursuant to provisions of N.J.A.C. 2:76-3.5 for the remaining duration of the farmland preservation program.

(b) Any landowner not included in the farmland preservation program may request inclusion at any time during the review conducted pursuant to N.J.A.C. 2:76-3.9(b). The inclusion shall be approved provided the board finds this inclusion would promote agriculture production.

History

Amended by R.1996 d.36, effective 1/16/1996.
See: 27 New Jersey Register 8(a), 28 New Jersey Register 260(a).

N.J. Admin. Code § 2:76-3.11 Withdrawal

(a) Under provisions of N.J.S.A. 4:1C-30, withdrawal of land from a farmland preservation program prior to its termination date may occur in the case of death or incapacitating illness of the owner or other serious hardship or bankruptcy, following a public hearing conducted pursuant to the "Open Public Meetings Act", N.J.S.A. 10:4-6 et seq., and approved by the board.

(b) The board shall document this approval by resolution and shall file a copy with the following:

Soil conservation district;
County clerk;
Municipal tax assessor;
Landowner;
Committee;
County planning board;
County governing body;
Municipal governing body;
Municipal planning board.

N.J. Admin. Code § 2:76-3.12 Deed restrictions

(a) The following deed restrictions shall be agreed to by the board and the landowner(s) when a farmland preservation program is adopted and shall run with the land:

Grantor promises that the Premises shall at all times for the term of the agreement be owned, used and conveyed subject to:

The Premises shall be retained in agricultural use and production unless the land is withdrawn from the program in compliance with N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32, and all other rules promulgated by the State Agriculture Development Committee, (hereinafter Committee). Agricultural use shall mean the use of land for common farmsite activities including, but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
Grantor certifies that at the time of petitioning the Grantee to enter into a farmland preservation program the nonagricultural uses indicated on attached Schedule (C) existed on the Premises. All other nonagricultural uses are prohibited except as expressly provided in this agreement.
All nonagricultural uses existing on the Premises at the time of the landowner's petition to the Grantee as set forth in Section 2 above may be continued and any structure may be restored or repaired in the event of partial destruction thereof, subject to the following:

i. No new structures or the expansion of pre-existing structures for nonagricultural use are permitted;

ii. No change in the pre-existing nonagricultural use is permitted;

iii. No expansion of the pre-existing nonagricultural use is permitted; and

iv. In the event that the Grantor abandons the pre-existing nonagricultural use, the right of the Grantor to continue the use is extinguished.

Grantor shall comply with agricultural management practices recommended by the Committee, insofar as those practices are applicable to the land and the type of farming conducted on the Premises.

The land and its buildings which are affected hereby may be sold collectively or individually for continued agricultural production and related uses as defined in Section 1, of this agreement. In the event Grantor intends to subdivide the subject lands, Grantor shall advise Grantee prior to initiating such action.
No sand, gravel, loam, rock, or other minerals shall be deposited on or removed from the Premises excepting only those materials required for the agricultural purpose for which the land is being used. Grantor retains and reserves all oil, gas, and other mineral rights in the land underlying the Premises, provided that any prospective drilling and/or mining will be done by slant from adjacent property or in any other manner which will not materially affect the agricultural operation.
No dumping or placing of trash or waste material shall be permitted on the Premises unless expressly recommended by the Committee as an agricultural management practice.
No activity shall be permitted on the Premises which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the land.
Grantor may use the Premises to derive income from certain recreational activities such as hunting, fishing, cross country skiing and ecological tours, only if such activities do not interfere with the actual use of the land for agricultural production and that the activities only utilize the Premises in its existing condition. Other recreational activities from which income is derived and which alter the Premises, such as golf courses and athletic fields, are prohibited.
Nothing shall be construed to convey a right to the public of access to or use of the Premises except as stated in this agreement or as otherwise provided by law.
Nothing shall impose upon the Grantor any duty to maintain the Premises in any particular state, or condition, except as provided for in this agreement.

At the time of this conveyance, Grantor has (...) existing single family residential building(s) on the Premises and (...) residential buildings used for agricultural labor purposes. Grantor may use, maintain, and improve existing buildings on the Premises for agricultural, residential and recreational uses subject to the following conditions:

i. Improvements to agricultural buildings shall be consistent with agricultural uses;

ii. Improvements to residential buildings shall be consistent with agricultural or single and extended family residential uses. Improvements to residential buildings for the purpose of housing agricultural labor are permitted only if the housed agricultural labor is employed on the Premises; and

iii. Improvements to recreational buildings shall be consistent with agricultural or recreational uses.

Grantor may construct any new buildings for agricultural purposes. The construction of any new building which shall serve as a residential use, regardless of its purpose, shall be prohibited except as follows:

i. To provide structures for housing of agricultural labor employed on the Premises;

ii. To construct one new permanent single family residential unit only if the Premises does not contain at least one permanent residential building; and

iii. To construct a single family residential building anywhere on the Premises in order to replace any existing single family residential unit.

iv. The above exceptions shall not be permitted unless jointly approved in writing by the Grantee and the Committee. Approval for such exceptions shall only be granted upon the determination that the proposed construction would have a positive impact on the continued use of the Premises for agricultural production. If Grantee and the Committee grant approval for the construction of agricultural labor housing, such housing shall not be used as a residence for Grantor, Grantor's spouse, Grantor's parents, Grantor's lineal descendants adopted or natural, Grantor's spouse's parents, Grantor's spouse's lineal descendants, adopted or natural.

Nothing in this agreement shall be deemed to restrict the right of Grantor, to maintain all roads and trails existing upon the Premises as of the date of this agreement. Grantor shall be permitted to construct, improve or reconstruct any roadway necessary to service crops, bogs, buildings, or reservoirs as may be necessary.
In the event of any violation of the terms and conditions of this agreement, Grantee or the Committee may institute, in the name of the State of New Jersey, any proceedings to enforce these terms and conditions including the institution of suit to enjoin such violations and to require the restoration of the Premises to its prior condition. Grantee or the Committee do not waive or forfeit the right to take any other legal action necessary to insure compliance with the terms, conditions, and purposes of this agreement by a prior failure to act.
It is understood that this agreement imposes no obligation or restriction on the Grantor's use of the Premises except as specifically set forth in this agreement.
Grantor, Grantor's heirs, executors, administrators, personal or legal representatives, successors and assigns grants the Committee the first right and option to purchase the Premises in fee simple absolute in accordance with the provisions of N.J.S.A. 4:1C-1 et seq., as amended by P.L. 1989, c.28 and P.L. 1989, c.310. Grantor, Grantor's heirs, executors, administrators, personal or legal representatives, successors and assigns, agree to give the Committee written notice, by certified mail, that a contract of sale has been executed for the property. The notice shall set forth the terms and conditions of the executed contract of sale and shall have attached a copy of that contract. The notice of executed contract of sale shall also include any other information required by the Committee by regulation. The Committee may exercise its first right and option to purchase the Premises in fee simple absolute by complying with the provisions of N.J.S.A. 4:1C-1 et seq., as amended by P.L. 1989, c.28 and P.L. 1989, c.310.
This agreement shall be binding upon the Grantor and upon the Grantee.
Throughout this agreement, the singular shall include the plural, and the masculine shall include the feminine, unless the text indicates otherwise.

The word 'Grantor' shall mean any and all persons who lawfully succeed to the rights and responsibilities of the Grantor, including but not limited to his heirs, executors, administrators, personal or legal representatives, successors and assigns.

Wherever in this agreement any party shall be designated or referred to by name or general reference, such designation shall have the same effect as if the words 'heirs, executors, administrators, personal or legal representatives, successors and assigns' have been inserted after each and every designation."

(b) The Committee or landowner may require more stringent deed restrictions consistent with the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32.

(c) The deed restrictions contained in (a) above shall be liberally construed to effectuate the purpose and intent of the Farmland Preservation Bond Act, P.L. 1981, c.276, as amended by P.L. 1987, c.240, the Open Space Preservation Bond Act of 1989, P.L. 1989, c.183 and the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32, as amended.

History

Amended by R.1984 d.596, effective 1/7/1985.
See: 16 New Jersey Register 2867(a), 17 New Jersey Register 63(a).
Section substantially amended.
Amended by R.1986 d.196, effective 6/2/1986.
See: 18 New Jersey Register 508(a), 18 New Jersey Register 1193(b).
Substantially amended.
Amended by R.1989 d.451, effective 8/21/1989.
See: 21 New Jersey Register 1183(a), 21 New Jersey Register 2472(c).
Amendment at new 15. to implement the right of first refusal as authorized by P.L. 1989, c.28.
Amended by R.1992 d.325, effective 8/17/1992.
See: 24 New Jersey Register 893(b), 245 New Jersey Register 2831(a).
Revised text.
Amended by R.1993 d.181, effective 5/3/1993.
See: 25 New Jersey Register 222(a), 25 New Jersey Register 1866(a).
Revised (a)13iv.
Amended by R.1996 d.36, effective 1/16/1996.
See: 27 New Jersey Register 8(a), 28 New Jersey Register 260(a).

N.J. Admin. Code § 2:76-3.13 Compliance

(a) All farmland preservation programs shall comply with the provisions of the Agricultural Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32, and the provisions of this subchapter.

Subchapter 4 CREATION OF MUNICIPALLY APPROVED FARMLAND PRESERVATION PROGRAMS

N.J. Admin. Code § 2:76-4.1 Applicability

(a) This subchapter provides for any eligible landowner to voluntarily petition a county agriculture development board or a subregional agricultural retention board for the creation of a municipally approved farmland preservation program. These rules supplement N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32 and shall not be construed to be a conclusive set of regulations involving all aspects of the municipally approved farmland preservation program. N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32 shall be referenced for clarification of provisions not contained in the rules.

N.J. Admin. Code § 2:76-4.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agreement" means a legally binding written document between the landowner(s), the board, and the municipal governing body, which must be signed by all parties and certified by the State Agriculture Development Committee to signify approval of a petition for creating a municipally approved program.

"Agricultural Development Area", hereinafter referred to as ADA, means an area identified by a board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Governing body" means, in the case of a county, the board of chosen freeholders, and in the case of a municipality, the commission, council, board or body, by whatever name it may be known, having charge of the finances of the municipality.

"Municipally approved farmland preservation program", hereinafter referred to as municipally approved program, means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981," P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32 and the maintenance and support of increased agricultural production as the first priority use of that land. Any municipally approved program shall be established pursuant to N.J.S.A. 4:1C-21.

"Petition" means a formal written document adopted by the board, which an eligible landowner must submit to the board when applying for inclusion in a municipally approved program.

"Premises" means the property under easement which is defined by the legal metes and bounds description contained in the Agreement.

History

Amended by R.1986 d.197, effective 6/2/1986.
See: 18 New Jersey Register 511(a), 18 New Jersey Register 1195(a).
Added definition "premises".

N.J. Admin. Code § 2:76-4.3 Petition

(a) One or more owners of land may voluntarily enter into a municipally approved preservation program provided the following statutory criteria are satisfied:

The land must qualify for farmland assessment in accordance with the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.;
Is located within an ADA;
Eligibility criteria established by the board; and
Eligibility criteria established by the Committee.

(b) A landowner meeting the statutory provisions contained in (a) above shall submit the following documents to the local board for the creation of a municipally approved program:

A signed petition (petitions may be obtained from the local board upon request.);
A tax map and any other documents as designed by the board for identifying the boundaries of the proposed program;
A true copy of the deed of the subject lands.

History

Amended by R.1996 d.37, effective 1/16/1996.
See: 27 New Jersey Register 10(a), 28 New Jersey Register 261(a).

N.J. Admin. Code § 2:76-4.4 Board review

(a) Upon receipt of a petition and required documents the board shall conduct a review to assure compliance with the provisions contained in N.J.A.C. 2:76-4.3.

(b) The board shall conduct an owner of last record search on all lands that have complied with the provisions of N.J.A.C. 2:76-4.3, to verify that the landowner is the true owner of record.

County planning board;
Governing body of any municipality wherein the proposed municipally approved program is located;
Planning board of each affected municipality.

(d) The board shall, by public notice, advise owners of any land contiguous to the proposed municipally approved program that a petition has been received, solicit opinions concerning inclusion of this land and, if the board deems appropriate, encourage the inclusion of the land in the municipally approved program.

Public notice shall comply with provisions of N.J.S.A. 40:55D-12 of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

These procedures shall only be applicable to landowners contiguous to the proposed municipally approved program.
Landowners in an adjoining municipality shall be notified by personal service or certified mail.

N.J. Admin. Code § 2:76-4.5 Agreement

(a) Approval of a petition by the municipal governing body and the board and creation of a municipally approved program shall be signified by an agreement between the board, municipal governing body and the landowner to retain the land in agricultural production for a minimum period of eight years.

(b) The agreement shall constitute a restrictive covenant and shall be filed in accordance with N.J.A.C. 2:76-4.8.

(c) Deed restrictions established by the Committee shall be placed on all lands that are to be included in the municipally approved program. These restrictions shall remain in effect for the length of the agreement unless the land is withdrawn from the program in compliance with provisions contained in N.J.S.A. 4:1C-30 and N.J.A.C. 2:76-4.1 0. Any landowner intending to subdivide the subject lands shall advise the board prior to initiating such action (see N.J.A.C. 2:76-4.1 1).

(d) Subject to Committee approval, the board may establish more stringent deed restrictions for the purpose of recognizing local conditions.

(e) Eligibility of benefits follows:

The land or owner(s) of the land in a municipally approved program are eligible for the following:

i. Benefits contained in N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32;

ii. Additional benefits as determined by the board in accordance with the provisions of N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32;

iii. Additional benefits as may be made available from time to time through amendments to N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32 and all other pertinent State, county and municipal laws, rules or policies.

(f) The agreement and the creation of a municipally approved program shall not become effective until such time that it is certified in accordance with N.J.A.C. 2:76-4.7 and recorded with the county clerk in the same manner as a deed.

History

Amended by R.1996 d.37, effective 1/16/1996.
See: 27 New Jersey Register 10(a), 28 New Jersey Register 261(a).

N.J. Admin. Code § 2:76-4.6 Certification request

(a) The board shall submit the following to the Committee:

A copy of the approved petition;
A copy of the municipal ordinance approving the municipally approved program;
A copy of the county resolution or ordinance of adoption;
A copy of the tax map and any other documents designated by the board for identifying the boundaries of the proposed programs. The board shall certify that the land(s) are in a certified ADA and all other criteria pursuant to N.J.A.C. 2:76-4.3 have been satisfied;
The original copy of the agreement (the board shall retain appropriate copies);
A copy of the owner of last record search; and
Any other pertinent information or comments from the board.

History

Amended by R.1996 d.37, effective 1/16/1996.
See: 27 New Jersey Register 10(a), 28 New Jersey Register 261(a).

N.J. Admin. Code § 2:76-4.7 Certification

(a) After review and evaluation of the certification request, the commission shall certify, certify with conditions or deny the approval of the municipally approved program and present its findings to the Secretary of Agriculture.

N.J. Admin. Code § 2:76-4.8 Recording of the municipally approved program

(a) Upon receipt of certification, the board shall retain a copy of the agreement and within ten working days document the recording of the municipally approved program in the following manner:

The petition in its final form shall be filed and recorded, in the same manner as a deed, with the county clerk and shall be filed with the municipal clerk;
The petition in its final form shall be filed with the municipal tax assessor;
The agreement shall be filed with the municipal tax assessor and recorded with the county clerk in the same manner as a deed;
A copy of the agreement shall be filed with the local soil conservation district, municipal governing body, county governing body, municipal planning board, county planning board and the landowner.

N.J. Admin. Code § 2:76-4.9 Renewal, termination, reformation

(a) The municipally approved program shall remain in effect for a minimum of eight years from the effective date of the creation of a municipally approved program.

(b) The board and municipal governing body shall conduct a review of the practicability and feasibility to continue the program within the year immediately preceding the termination date of the municipally approved program. At least 90 days prior to the expiration of the program, the board shall, by certified mail, notify all parties which have entered into the agreement to contact the board in writing, within 45 days of receipt of the notice if they want to continue the program for another eight years or to terminate the program at the end of the initial eight-year period.

In the event the landowner(s) intends to continue the municipally approved program for another eight years, the landowner(s) shall confirm the following:

i. That the record owner(s) of the premises as identified in the agreement has not changed since the creation of the initial farmland preservation program; and

ii. That the legal metes and bounds description of the boundaries of the premises has not changed since the creation of the initial municipally approved program.

(c) If the board does not receive any notice to terminate the municipally approved program within the 45 day period, the program shall continue for another eight-year period and may continue for succeeding eight year periods provided that no notice of termination is received by the board during subsequent periods of review and notification.

At least 30 days prior to the expiration of the municipally approved program, the board shall document the renewal of the municipally approved program by resolution and record such action with the county clerk's office.
The board shall provide notice of the renewal of the municipally approved program to the Committee, landowner(s), soil conservation district, municipal tax assessor, county planning board, county governing body, municipal governing body, municipal planning board and municipal clerk.
The Committee shall not authorize a cost share grant for the installation of any soil and water conservation cost share projects pursuant to N.J.A.C. 2:76-5 until the provisions of (b)1i and ii above have been confirmed.

(d) Termination of the municipally approved program at the end of the eight year period shall occur following the receipt by the board of any notice of termination.

At least 30 days prior to the expiration of the municipally approved program, the board shall document the termination of the municipally approved program by resolution and record such action with the county clerk's office.

The board shall provide notice of the terminated municipally approved program to the Committee, landowner(s), soil conservation district, municipal tax assessor, county planning board, county governing body, municipal governing body, municipal planning board and municipal clerk.

(e) Reformation of a municipally approved program as a result of a change in ownership or amendment to the metes and bounds description of the premises shall comply with provisions of N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32 and all rules promulgated by the Committee.

History

Amended by R.1996 d.37, effective 1/16/1996.
See: 27 New Jersey Register 10(a), 28 New Jersey Register 261(a).

N.J. Admin. Code § 2:76-4.10 Withdrawal

(a) Under provisions of N.J.S.A. 4:1C-30, withdrawal of land from the municipally approved program prior to its termination date may occur in the case of death or incapacitating illness of the owner or other serious hardship or bankruptcy, following a public hearing conducted pursuant to the "Open Public Meetings Act", N.J.S.A. 10:4-6 et seq., and approved by the board and municipal governing body at a regular or special meeting thereof.

(b) The Board shall document this approval by resolution and the municipal governing body by resolution or ordinance and shall file a copy with the following:

Committee;

Soil conservation district;
Municipal tax assessor;
Municipal clerk;
County clerk;
Municipal governing body;
County governing body;
Municipal planning board;
County planning board;
Landowner.

N.J. Admin. Code § 2:76-4.11 Deed restrictions

(a) The following deed restrictions shall be agreed to by the board, the municipal governing body and the landowner(s) when a municipally approved farmland preservation program is adopted and shall run with the land:

"Grantor promises that the Premises shall at all times for the term of the agreement be owned, used and conveyed subject to:

The Premises shall be retained in agricultural use and production unless the land is withdrawn from the program in compliance with N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32, and all other rules promulgated by the State Agriculture Development Committee, (hereinafter Committee). Agricultural use shall mean the use of land for common farmsite activities including, but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
Grantor certifies that at the time of petitioning the Grantee to enter into a farmland preservation program the nonagricultural uses indicated on attached Schedule (C) existed on the Premises. All other nonagricultural uses are prohibited except as expressly provided in this agreement.
All nonagricultural uses existing on the Premises at the time of the landowner's petition to the Grantee as set forth in Section 2 above may be continued and any structure may be restored or repaired in the event of partial destruction thereof, subject to the following:

i. No new structures or the expansion of pre-existing structures for nonagricultural use are permitted;

ii. No change in the pre-existing nonagricultural use is permitted;

iii. No expansion of the pre-existing nonagricultural use is permitted; and

iv. In the event that the Grantor abandons the pre-existing nonagricultural use, the right of the Grantor to continue the use is extinguished.

Grantor shall comply with agricultural management practices recommended by the Committee, insofar as those practices are applicable to the land and the type of farming conducted on the Premises.

The land and its buildings which are affected hereby may be sold collectively or individually for continued agricultural production and related uses as defined in Section 1, of this agreement. In the event Grantor intends to subdivide the subject lands, Grantor shall advise Grantee prior to initiating such action.
No sand, gravel, loam, rock, or other minerals shall be deposited on or removed from the Premises excepting only those materials required for the agricultural purpose for which the land is being used. Grantor retains and reserves all oil, gas, and other mineral rights in the land underlying the Premises, provided that any prospective drilling and/or mining will be done by slant from adjacent property or in any other manner which will not materially affect the agricultural operation.
No dumping or placing of trash or waste material shall be permitted on the Premises unless expressly recommended by the Committee as an agricultural management practice.
No activity shall be permitted on the Premises which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the land.
Grantor may use the Premises to derive income from certain recreational activities such as hunting, fishing, cross country skiing and ecological tours, only if such activities do not interfere with the actual use of the land for agricultural production and that the activities only utilize the Premises in its existing condition. Other recreational activities from which income is derived and which alter the Premises, such as golf courses and athletic fields, are prohibited.
Nothing shall be construed to convey a right to the public of access to or use of the Premises except as stated in this agreement or as otherwise provided by law.
Nothing shall impose upon the Grantor any duty to maintain the Premises in any particular state, or condition, except as provided for in this agreement.

At the time of this conveyance, Grantor has (.......) existing single family residential building(s) on the Premises and (.......) residential buildings used for agricultural labor purposes. Grantor may use, maintain, and improve existing buildings on the Premises for agricultural, residential and recreational uses subject to the following conditions:

i. Improvements to agricultural buildings shall be consistent with agricultural uses;

iii. Improvements to recreational buildings shall be consistent with agricultural or recreational uses.

i. To provide structures for housing of agricultural labor employed on the Premises;

ii. To construct one new permanent single family residential unit only if the Premises does not contain at least one permanent residential building; and

iii. To construct a single family residential building anywhere on the Premises in order to replace any existing single family residential unit.

Nothing in this agreement shall be deemed to restrict the right of Grantor to maintain all roads and trails existing upon the Premises as of the date of this agreement. Grantor shall be permitted to construct, improve or reconstruct any roadway necessary to service crops, bogs, buildings, or reservoirs as may be necessary.
In the event of any violation of the terms and conditions of this agreement, Grantee or the Committee may institute, in the name of the State of New Jersey, any proceedings to enforce these terms and conditions including the institution of suit to enjoin such violations and to require the restoration of the Premises to its prior condition. Grantee or the Committee do not waive or forfeit the right to take any other legal action necessary to insure compliance with the terms, conditions, and purposes of this agreement by a prior failure to act.
It is understood that this agreement imposes no obligation or restriction on the Grantor's use of the Premises except as specifically set forth in this agreement.
Grantor, Grantor's heirs, executors, administrators, personal or legal representatives, successors and assigns grants the Committee the first right and option to purchase the Premises in fee simple absolute in accordance with the provisions of N.J.S.A. 4:1C-1 et seq., as amended by P.L. 1989, c.28 and P.L. 1989, c.310. Grantor, Grantor's heirs, executors, administrators, personal or legal representatives, successors and assigns, agree to give the Committee written notice, by certified mail, that a contract of sale has been executed for the property. The notice shall set forth the terms and conditions of the executed contract of sale and shall have attached a copy of that contract. The notice of executed contract of sale shall also include any other information required by the Committee by regulation. The Committee may exercise its first right and option to purchase the Premises in fee simple absolute by complying with the provisions of N.J.S.A. 4:1C-1 et seq., as amended by P.L. 1989, c.28 and P.L. 1989, c.310.
This agreement shall be binding upon the Grantor and upon the Grantee.
Throughout this agreement, the singular shall include the plural, and the masculine shall include the feminine, unless the text indicates otherwise.

Wherever in this agreement any party shall be designated or referred to by name or general reference, such designation shall have the same effect as if the words 'heirs, executors, administrators, personal or legal representatives, successors and assigns' have been inserted after each and every designation."

(b) The Committee or landowner may require more stringent deed restrictions consistent with the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32.

History

Amended by R.1984 d.597, effective 1/7/1985.
See: 16 New Jersey Register 2869(a), 17 New Jersey Register 64(a).
Section substantially amended.
Amended by R.1986 d.197, effective 6/2/1986.
See: 18 New Jersey Register 511(a), 18 New Jersey Register 1195(a).
Substantially amended.
Amended by R.1989 d.452, effective 8/21/1989.
See: 21 New Jersey Register 1183(b), 21 New Jersey Register 2473(a).
New paragraph 15 added to implement the right of first refusal policy established by P.L. 1989, c.28.
Amended by R.1992 d.325, effective 8/17/1992.
See: 24 New Jersey Register 893(b), 24 New Jersey Register 2831(a).
Amended by R.1993 d.223, effective 5/17/1993.
See: 25 New Jersey Register 740(a), 25 New Jersey Register 1963(a).
Revised (a)13iv.
Amended by R.1996 d.37, effective 1/16/1996.
See: 27 New Jersey Register 10(a), 28 New Jersey Register 261(a).

N.J. Admin. Code § 2:76-4.12 Compliance

(a) All municipally approved programs shall comply with the provisions of the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32, and the provisions of this subchapter.

N.J. Admin. Code § 2:76-5.1 Applicability

This subchapter identifies State Agriculture Development Committee rules which provide for a landowner, or a farm operator as an agent for the landowner, whose land is within a municipally approved farmland preservation program or other farmland preservation program, or is subject to a development easement conveyed pursuant to N.J.S.A. 4:1C-24a to apply for and receive grants for soil and water conservation projects. These rules shall be utilized in conjunction with N.J.A.C. 2:90-2 and 2:90-3, promulgated by the State Soil Conservation Committee, which prescribes procedures for development of conservation plans and approval of projects.

History

Amended by R.1993 d.521, effective 11/1/1993.
See: 25 New Jersey Register 3279(a), 25 New Jersey Register 4899(a).

N.J. Admin. Code § 2:76-5.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by and acquired under the provisions of N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32 and any relevant rules or regulations promulgated pursuant thereto.

"Farmland preservation program" means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981," P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within the agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32 and the maintenance and support of increased agricultural production as the first priority use of that land.

"Fund" means the "Farmland Preservation Fund" created pursuant to the "Farmland Preservation Bond Act of 1981", P.L. 1981, c.276, and any future funds authorized for the purpose of providing grants to landowners for soil and water conservation projects.

"Municipally approved farmland preservation program", hereinafter referred to as "municipally approved program," means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981," P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32 and the maintenance and support of increased agricultural production as the first priority use of that land. Any municipally approved program shall be established pursuant to N.J.S.A. 4:1C-21.

"Secretary" means the Secretary of Agriculture.

"Soil and water conservation project", hereinafter referred to as project, means any project designed for the control and prevention of soil erosion and sediment damages, the control of pollution on agricultural lands, the impoundment, storage and management of water for agricultural purposes, or the improved management of land and soils to achieve maximum agricultural productivity.

"Soil conservation district" means a governmental subdivision of this State organized in accordance with the provisions of N.J.S.A. 4:24-1 et seq.

"State Soil Conservation Committee" means an agency of the State established pursuant to N.J.S.A. 4:24-1 et seq.

History

Amended by R.1993 d.521, effective 11/1/1993.
See: 25 New Jersey Register 3279(a), 25 New Jersey Register 4899(a).

N.J. Admin. Code § 2:76-5.3 Approved soil and water conservation projects

The State Soil Conservation Committee, pursuant to procedures established in N.J.A.C. 2:90-2, shall approve projects that are eligible for cost-sharing.

History

Amended by R.1987 d.90, effective 2/2/1987.
See: 18 New Jersey Register 1981(a), 19 New Jersey Register 288(a).
Subsection (b) substantially amended.
Amended by R.1987 d.427, effective 10/19/1987.
See: 19 New Jersey Register 1123(a), 19 New Jersey Register 1892(a).
Money for soil and conservation projects dedicated raised from $ 4.9 million to $ 6.0 million.
Amended by R.1989 d.213, effective 4/17/1989.
See: 21 New Jersey Register 230(a), 21 New Jersey Register 981(a).
(b)1 deleted, recodified 2 and 3 as 1 and 2, decreased $ 6 million allocation for soil and water conservation as that amount exceeded demand.
Amended by R.1993 d.521, effective 11/1/1993.
See: 25 New Jersey Register 3279(a), 25 New Jersey Register 4899(a).

N.J. Admin. Code § 2:76-5.4 Eligibility for State soil and water conservation cost-share funds

(a) Upon certification of a farmland preservation program or a municipally approved program, the Committee shall determine the total eligible State soil and water cost-share funds based on common deed ownership in accordance with the following formula:

| Acres | Eligibility for State cost-share funds | | --- | --- | | From 0 to 50 acres | = $ 600.00/acre | | From greater than 50 to 100 acres | = $ 30,000 + $ 200.00/acre above 50 acres | | From greater than 100 to 450 acres | = $ 40,000 + $ 100.00/acre above 100 acres | | Greater than 450 acres | = $ 75,000 |

The total eligible amount of cost-share funds as determined above shall remain in effect for the duration of the initial farmland preservation program or municipally approved program.
Upon renewal of the farmland preservation program or municipally approved program, the eligibility of cost-share funds shall be based upon the formula current at the time of program renewal set forth in this section.

(b) On land that has had a development easement conveyed from it pursuant to N.J.S.A N.J.S.A. 4:1C-24a, the Committee shall determine the total eligible State soil and water cost-share funds based on common deed ownership in accordance with the following formula:

The total eligible amount of cost-share funds as determined above shall remain in effect for a period of eight years from the date the development easement was conveyed to the board.
At the end of the eight-year period, the eligibility of cost-share funds shall be based upon the formula current at that time and set forth in this section for subsequent eight-year periods.

(c) Notwithstanding (a) and (b) above, if a governmental body or a not-for-profit corporation is the record owner of land enrolled in a farmland preservation program, municipally approved program or is subject to a development easement conveyed pursuant to the provisions of the Agriculture Retention and Development Act, the owner is eligible for State soil and water project cost-share funds on the basis of the acreage contained in each farm in accordance with the following formula:

The total eligible amount of cost-share funds as determined above shall remain in effect for a period of eight years from the date the easement is conveyed.
At the end of the eight-year period, the eligibility for cost-share funds for subsequent eight-year periods shall be based upon the formula set forth in this subchapter that is in effect at the end of the eight-year period.

(d) Upon State Soil Conservation Committee approval and recommendation for funding of an application for soil and water project cost-sharing in compliance with N.J.A.C. 2:76-5.7 and upon State Agriculture Development Committee approval, the State Agriculture Development Committee shall obligate funds as approved in the application for up to three years from the date of approval.

Approval of funds shall not exceed the amount determined in (a), (b) and (c) above.
The term of obligation may be extended due to seasonal constraints or other unavoidable delays only upon the approval of the local soil conservation district, the State Soil Conservation Committee and the State Agriculture Development Committee.

History

New Rule, R.1993 d.521, effective 11/1/1993.
See: 25 New Jersey Register 3279(a), 25 New Jersey Register 4899(a).
Amended by R.2004 d.476, effective 12/20/2004.
See: 36 New Jersey Register 3959(a), 36 New Jersey Register 5669(a).
Rewrote the section.

N.J. Admin. Code § 2:76-5.5 Eligible applicants

(a) Any landowner or farm operator as an agent for the landowner who is in a farmland preservation program or a municipally approved program shall be eligible to apply for a grant for projects.

(b) The farm operator, as an agent for the landowner, shall be designated in writing by the landowner.

History

Recodified from N.J.A.C. 2:76-5.4 by R.1993 d.521, effective 11/1/1993.
See: 25 New Jersey Register 3279(a), 25 New Jersey Register 4899(a).

N.J. Admin. Code § 2:76-5.6 Submission of the application

An applicant shall apply to the soil conservation district and the board for a grant for a project pursuant to N.J.A.C. 2:90-3.

History

Recodified from N.J.A.C. 2:76-5.5 by R.1993 d.521, effective 11/1/1993.
See: 25 New Jersey Register 3279(a), 25 New Jersey Register 4899(a).

N.J. Admin. Code § 2:76-5.7 Approval for project funding

(a) The Committee may provide a cost-share grant of up to 75 percent of the actual cost for a project approved by the State Soil Conservation Committee pursuant to N.J.A.C. 2:90-2 and 3.

(b) For projects where the applicant provides at least 50 percent of the project cost without assistance from the county and upon the soil conservation district's approval in accordance with N.J.A.C. 2:90-3, the following procedures shall apply:

The application shall be forwarded to the State Soil Conservation Committee for approval;
A copy of the approved application shall be sent to the board for its information.

(c) For projects where the applicant receives financial assistance from county funds for the cost of projects and upon soil conservation district approval in accordance with N.J.A.C. 2:90-3, the following procedures shall apply:

The soil conservation district approved application shall be forwarded to the board for concurrence;
Following board approval, the application shall be forwarded to the State Soil Conservation Committee for approval.

(d) The State Soil Conservation Committee upon review and verification of conformance with this subchapter, N.J.A.C. 2:90-2 and 2:90-3 shall recommend funding approval by the committee.

(e) The committee shall review and approve, conditionally approve or disapprove applications for project funding and;

Certify that the land is part of a municipally approved program or farmland preservation program;
Proceed to secure project funding when approval has been granted; and

Notify the soil conservation district of committee's action (informational copy sent to the State Soil Conservation Committee and the board).

History

Recodified from N.J.A.C. 2:76-5.6 by R.1993 d.521, effective 11/1/1993.
See: 25 New Jersey Register 3279(a), 24 New Jersey Register 4899(a).
Amended by R.2004 d.476, effective 12/20/2004.
See: 36 New Jersey Register 3959(a), 36 New Jersey Register 5669(a).
Added a new (a); recodified former (a) through (d) as (b) through (e).

N.J. Admin. Code § 2:76-5.8 Payment

(a) Upon project completion, as verified by the soil conservation district the applicant shall request payment pursuant to procedures established by N.J.A.C. 2:90-3.

(b) The committee, following State Soil Conservation Committee verification of compliance with N.J.A.C. 2:90-2 and 2:90-3, shall request the Secretary to direct payment to the applicant. The State Soil Conservation Committee, soil conservation district and board shall be advised to such action.

History

Recodified from N.J.A.C. 2:76-5.7 by R.1993 d.521, effective 11/1/1993.
See: 25 New Jersey Register 3279(a), 24 New Jersey Register 4899(a).

N.J. Admin. Code § 2:76-5.9 Allocation of soil and water cost-share eligibility after subdivision

(a) A subdivision for change of ownership of any lands under common deed of ownership shall affect eligibility for soil and water conservation project cost-share grants as follows:

Subdivision(s) of the land(s) in a program will not alter the total eligibility for soil and water cost-share funding as determined at program enrollment.
That portion of the original eligible amount not already obligated and/or expended for specific projects shall be reallocated pro rata on a per acre basis among the parcels.
Funds obligated for specific projects at time of sale or subdivision that lapse under the provisions of N.J.A.C. 2:76-5.3(b)3 shall be reallocated as eligible funds according to (a)2 above.

History

New Rule, R.1987 d.427, effective 10/19/1987.
See: 19 New Jersey Register 1123(a), 19 New Jersey Register 1892(a).
Recodified from N.J.A.C. 2:76-5.8 by R.1993 d.521, effective 11/1/1993.
See: 25 New Jersey Register 3279(a), 24 New Jersey Register 4899(a).

Subchapter 6 ACQUISITION OF DEVELOPMENT EASEMENTS

N.J. Admin. Code § 2:76-6.1 Applicability

The principal purpose for acquisition of development easements is for the long term preservation of agricultural lands in order to maintain and enhance the agricultural industry in the State. These lands shall be retained for agricultural production and shall be restricted from any non-agricultural development.

N.J. Admin. Code § 2:76-6.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agriculturally viable parcel" means a parcel that is capable of sustaining a variety of agricultural operations that yield a reasonable economic return under normal conditions, solely from each parcel's agricultural output.

"Application," as relates to the purchase of development easements, means a standard form adopted by the county agriculture development board.

"Appraisal handbook standards" means the rules and requirements for conducting appraisals established at N.J.A.C. 2:76-10.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"Committee" means the State Agricultural Development Committee (SADC) established pursuant to N.J.S.A. 4:1C-4.

"Cost" as used with respect to cost of development easements includes, in addition to the usual connotations thereof, the cost of inspection, appraisal, legal, financial, and other professional services, estimates and advice; and the cost of organizational, administrative and other work and services, including salaries, supplies, equipment and materials.

"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by and acquired under the provisions of N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32, and any relevant rules or regulations promulgated pursuant thereto.

"Exceptions," unless the text indicates otherwise, means portions of the applicant's land holdings which are not to be encumbered by the deed restrictions contained in N.J.A.C. 2:76-6.1 5.

"Farmland preservation program" means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981", P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32, and the maintenance and support of increased agricultural production as the first priority use of that land.

"Formula index" means the value obtained by application of the formula contained in N.J.S.A. 4:1C-31b(1).

"Landowner" means the record owner of the land, duly authorized contract purchaser of the land or record owner of the development easement acquired pursuant to N.J.S.A. 4:1C-34.

"Landowner asking price" means the applicant's per acre confidential offer for the sale of a development easement.

"Municipally approved farmland preservation program", hereinafter referred to as "municipally approved program", means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981", P.L. 1981, C.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32, and the maintenance and support of increased agricultural production as the first priority use of that land. Any municipally approved program shall be established pursuant to N.J.S.A. 4:1C-21.

"Non-agricultural development value--agricultural value" means the fair market value of the development easement as certified by the committee.

"Option agreement" means a written agreement for consideration between an owner of land and the board whereby the board has a right to purchase the development easement within a specified time for a designated price.

"Premises" means the property under easement which is defined by the legal metes and bounds description contained in the deed of easement.

"Quality score" means the Committee's numeric total derived from the application of the criteria for evaluating a development easement application contained in N.J.A.C. 2:76-6.1 6.

"Regularly engaged in farmsite activities" means actively engaged in the day-to-day agricultural operation on the premises.

A landowner cannot establish that he or she is actively engaged in the day-to-day agricultural operation merely by showing that:

i. He or she owns the premises;

ii. The land is actively farmed; or

iii. The land is assessed pursuant to the Farmland Assessment Act, N.J.S.A. 54:4-23.1.

"Residential unit" means the residential building to be used for single family residential housing and its appurtenant uses. The construction and use of the residential unit shall be for agricultural purposes.

"Residual dwelling site" means the location of the residential unit and other appurtenant structures.

"Residual dwelling site opportunity" means the potential to construct a residential unit and other appurtenant structures on the premises in accordance with N.J.A.C. 2:76-6.1 7.

"Secretary" means the Secretary of Agriculture.

"Use for agricultural purposes," as related to the exercise of a residual dwelling site opportunity and the continued use of the residential unit constructed thereto, means at least one person residing in the residential unit shall be regularly engaged in common farmsite activities on the premises including, but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage, water management and grazing.

History

Amended by R.1986 d.386, effective 9/22/1986.
See: 18 N.J.R. 1328(a), 18 N.J.R. 1930(a).
Added "premises".
Amended by R.1988 d.493, effective 10/17/1988.
See: 20 N.J.R. 1503(a), 20 N.J.R. 2565(a).
Added definitions "Agricultural Development Area" and "project area".
Amended by R.1989 d.49, effective 1/17/1989.
See: 20 N.J.R. 1761(a), 21 N.J.R. 158(a).
Added definitions.
Amended by R.1989 d.537, effective 10/16/1989.
See: 21 N.J.R. 3294(a).
Changed to "project area" made upon adoption.
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 N.J.R. 1244(a), 22 N.J.R. 3359(a).
Added definitions for "ancillary costs", "formula index", "landowner asking price" and "non-agricultural development value--agricultural value".
Amended by R.1993 d.392, effective 8/2/1993.
See: 25 N.J.R. 1804(d), 25 N.J.R. 3453(e).
Amended by R.1994 d.393, effective 8/1/1994.
See: 26 N.J.R. 1419(a), 26 N.J.R. 3159(b).
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 N.J.R. 13(a), 27 N.J.R. 4875(a).
Deleted definitions of "Ancillary costs" and "Project area" and added definition of "Agriculturally viable parcel".
Amended by R.2006 d.387, effective 11/6/2006.
See: 38 N.J.R. 2244(a), 38 N.J.R. 4689(a).
Added definition "Regularly engaged in farmsite activities".

N.J. Admin. Code § 2:76-6.3 Eligible applicants

(a) Any landowner that applies to the board in compliance with N.J.A.C. 2:76-6.4 and whose land is in a farmland preservation program, a municipally-approved program or qualifies for differential property tax assessment pursuant to the Farmland Assessment Act of 1964 and which is included in an agricultural development area shall be eligible to sell a development easement on that land, provided that the land satisfies the minimum eligibility criteria contained at N.J.A.C. 2:76-6.2 0.

(b) Any person or organization acquiring a development easement, by purchase, gift or otherwise, may apply to sell that development easement to the board pursuant to N.J.S.A. 4:1C-34, provided that the land satisfies the minimum eligibility criteria contained at N.J.A.C. 2:76-6.2 0.

History

Amended by R.1993 d.392, effective 8/2/1993.
See: 25 N.J.R. 1804(d), 25 N.J.R. 3453(e).
Amended by R.1994 d.393, effective 8/1/1994.
See: 26 N.J.R. 1419(a), 26 N.J.R. 3159(b).
Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
In (a), inserted a hyphen following "municipally"; and in (a) and (b), inserted ", provided that the land satisfies the minimum eligibility criteria contained at N.J.A.C. 2:76-6.20".

N.J. Admin. Code § 2:76-6.4 Application

(a) Under the provisions of N.J.A.C. 2:76-6.3, the landowner shall submit a completed application to the board.

(b) The board shall require the landowner to sign a certification confirming that the information provided in the application is true.

(c) The board and/or Committee reserve the right to take any necessary action against the landowner to require the return of any funds provided by the board for the purchase of a development easement in the event that the board and/or Committee has determined that the landowner supplied false or misleading information in the application.

History

Amended by R.1993 d.392, effective 8/2/1993.
See: 25 New Jersey Register 1804(d), 25 New Jersey Register 3453(e).
Amended by R.1996 d.212, effective 5/6/1996.
See: 28 New Jersey Register 319(a), 28 New Jersey Register 2373(a).
Added (b) and (c).

N.J. Admin. Code § 2:76-6.5 Preliminary board review

(a) The board shall review and evaluate the easement purchase application pursuant to N.J.A.C. 2:76-6.2 0 to determine the suitability of the land for development easement purchase and establish a priority ranking of the applications on the basis of the following factors:

Criteria duly adopted by the board which evaluates the degree to which the purchase would encourage the survivability of the land in productive agriculture and the degree of imminence of change of the land from productive agriculture to nonagricultural use pursuant to N.J.S.A. 4:1C-31b.

(b) The board shall review the application pursuant to N.J.A.C. 2:76-6.1 7(a) and determine the number of residual dwelling site opportunities to be allocated to the premises.

(c) The board shall inform the landowner of the number of residual dwelling site opportunities allocated to the premises.

(d) The board shall approve or disapprove the application.

(e) An application approved by the board shall be forwarded to the municipal governing body for review.

Unless previously granted by prior ordinance, the municipal governing body shall by resolution approve or disapprove the application and so notify the board.

(f) The board shall submit a request for a grant for the purchase of a development easement to the Committee on or before September 15. The request for a grant shall be submitted on a form prescribed by the Committee. The information provided by the board shall include the following:

RDSO eligibility and allocation;
Exceptions approved by the board with its justification;
Confirmation that the land satisfies the minimum eligibility criteria contained at N.J.A.C. 2:76-6.2 0;
CADB preliminary ranking with its justification; and
Other information relating to the specific application as required by the Committee.

(g) An application consisting of a development easement acquired by the board and/or county must be submitted to the Committee within three consecutive application rounds.

The development easement acquired by a municipality, the board and/or county shall at a minimum contain the restrictions found at N.J.A.C. 2:76-6.1 5(a) which were in effect at the time the development easement was acquired.

(h) In the event that the board grants preliminary approval to more than the maximum number of applications authorized by the Committee pursuant to N.J.A.C. 2:76-6.1 1(a), it shall forward to the Committee all such application(s) in excess of the maximum number with its justifications for granting such approvals along with other information required in (f) above for preliminary approval.

(i) A board that submits an application to the Committee pursuant to this subchapter shall not be eligible to apply for a grant under the county planning incentive grant program pursuant to N.J.A.C. 2:76-17 during the same fiscal year.

History

Amended by R.1988 d.493, effective 10/17/1988.
See: 20 N.J.R. 1503(a), 20 N.J.R. 2565(a).
(a) and (d) substantially amended.
Amended by R.1989 d.49, effective 1/17/1989.
See: 20 N.J.R. 1761(a), 21 N.J.R. 158(a).
Added new (c) and (d); recodified old (c) and (d) to (e) and (f); added (e)1-3.
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 N.J.R. 1244(a), 22 N.J.R. 3359(a).
Cite correction at (c).
Amended by R.1993 d.392, effective 8/2/1993.
See: 25 N.J.R. 1804(d), 25 N.J.R. 3453(e).
Amended by R.1994 d.393, effective 8/1/1994.
See: 26 N.J.R. 1419(a), 26 N.J.R. 3159(b).
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 N.J.R. 13(a), 27 N.J.R. 4875(a).
Amended by R.1999 d.198, effective 6/21/1999.
See: 31 N.J.R. 816(a), 31 N.J.R. 1603(a).
In (g), substituted "on or before November 15" for "within 30 days of the date appraisal work is authorized pursuant to N.J.A.C. 2:76-6.7" at the end of the first sentence of the introductory paragraph; and in (i), substituted references to the maximum number of applications authorized by the Committee pursuant to N.J.A.C. 2:76-6.11(a) for references to seven applications throughout.
Amended by R.2001 d.47, effective 2/5/2001.
See: 32 N.J.R. 3513(a), 33 N.J.R. 550(a).
Rewrote the section.
Amended by R.2001 d.311, effective 9/4/2001.
See: 33 N.J.R. 1980(b), 33 N.J.R. 2987(a).
In (f), rewrote the first sentence of the introductory paragraph.
Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
In the introductory paragraph of (a), substituted "pursuant to N.J.A.C. 2:76-6.20" for "and respective project area"; in the introductory paragraph of (f), substituted "on or before September 15" for "on or before October 15, 2001 for requests submitted in 2001 and on or before September 15 for requests submitted after 2001"; added (f)3; recodified former (f)3 and (f)4 as (f)4 and (f)5; and added (i).

N.J. Admin. Code § 2:76-6.6 Preliminary Committee review

(a) The Committee shall review and evaluate all applications received from the boards in accordance with the criteria set forth in N.J.A.C. 2:76-6.1 6.

The Committee shall determine whether the land satisfies the minimum eligibility criteria contained at N.J.A.C. 2:76-6.2 0.
In the event that the criteria is not met, the application shall be rejected by the Committee.

(b) Except for those applications submitted pursuant to (c) below, for any application which is submitted in excess of the maximum number of applications authorized by the Committee pursuant to N.J.A.C. 2:76-6.1 1(a) per county, the Committee may grant preliminary approval only if it finds that the application is of superior quality and that there is a substantial likelihood that the land would change from productive agriculture to nonagricultural use prior to the next funding round.

(c) The Committee shall grant preliminary approval to an application which is in excess of the maximum number of applications authorized pursuant to N.J.A.C. 2:76-6.1 1(a) per county, only if the application is for a farm which is located in more than one county and is selected by at least one other board as one of its applications not requiring Committee approval.

(d) The Committee shall establish a preliminary ranking of the approved applications based on the applicant's quality score and inform the board at least 15 days prior to the Committee's certification of a development easement value.

History

Amended by R.1988 d.493, effective 10/17/1988.
See: 20 N.J.R. 1503(a), 20 N.J.R. 2565(a).
(a) and (b) substantially amended.
Amended by R.1989 d.49, effective 1/17/1989.
See: 20 N.J.R. 1761(a), 21 N.J.R. 158(a).
Added new (b) and (c); recodified old (b) to (d).
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 N.J.R. 1244(a), 22 N.J.R. 3359(a).
Corrected cite at (c).
Repeal and New Rule, R.1993 d.392, effective 8/2/1993.
See: 25 N.J.R. 1804(d), 25 N.J.R. 3453(e).
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 N.J.R. 13(a), 27 N.J.R. 4875(a).
Amended by R.1999 d.198, effective 6/21/1999.
See: 31 N.J.R. 816(a), 31 N.J.R. 1603(a).
In (b) and (c), substituted references to the maximum number of applications authorized by the Committee pursuant to N.J.A.C. 2:76-6.11(a) for references to seven applications.
Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Added (a)1 and (a)2.

N.J. Admin. Code § 2:76-6.7 Appraisals

(a) The procedure for conducting and reviewing appraisals shall be as follows:

The Committee shall adopt a list of approved appraisers pursuant to N.J.A.C. 2:76-6.2 1;
The board in accordance with county procedures shall select two appraisers from the list adopted by the Committee to conduct independent appraisals of development easements or on lands that have received board and, where appropriate, Committee approvals;
Appraisers shall perform appraisals in accordance with procedures detailed at N.J.A.C. 2:76-10, in the generally recognized appraisal practices and in the appraisal handbook;

i. For grant requests submitted pursuant to N.J.A.C. 2:76-6.5 to the Committee, the appraiser shall certify the market value of the development easements as of August 1 of the year in which the appraisals are conducted;

Upon completion of the appraisals, the appraisers shall forward appraisal reports to the appropriate person designated by the board to review the reports for completeness of contractual requirements; and
For grant requests for the purchase of development easements submitted to the Committee, the board shall forward the completed appraisals to the Committee on or before November 15 of the year in which the appraisals were conducted.

History

Amended by R.1988 d.493, effective 10/17/1988.
See: 20 N.J.R. 1503(a), 20 N.J.R. 2565(a).
(b)4 amended; new (b)5 added and old 5 renumbered as 6; (b)7 and 8 added.
Recodified from N.J.A.C. 2:76-6.8 and amended by R.1993 d.392, effective 8/2/1993.
See: 25 N.J.R. 1804(d), 25 N.J.R. 3453(e).
Prior text at 2:76-6.7, "Municipal review," repealed.
Amended by R.1994 d.393, effective 8/1/1994.
See: 26 N.J.R. 1419(a), 26 N.J.R. 3159(b).
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 N.J.R. 13(a), 27 N.J.R. 4875(a).
Amended by R.2001 d.311, effective 9/4/2001.
See: 33 N.J.R. 1980(b), 33 N.J.R. 2987(a).
Rewrote (a)3i and (a)5.
Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
In (a)1, substituted "approved appraisers pursuant to N.J.A.C. 2:76-6.21" for "approved appraisers who are designated as state certified general real estate appraisers (SCGREA) pursuant to N.J.A.C. 13:40A-1.2"; deleted (a)1i; in (a)3, inserted "at N.J.A.C. 2:76-10, in the generally recognized appraisal practices and"; rewrote (a)3i; and in (a)5, deleted the first sentence and deleted "after 2001" following the first occurrence of "Committee".

N.J. Admin. Code § 2:76-6.8 Committee certification of development easement value

(a) The Committee shall appoint a review appraiser to evaluate the appraisals submitted by the board and to recommend a market value of the development easement for each application. The review appraisal shall be done in accordance with the appraisal handbook standards at N.J.A.C. 2:76-10.

(b) The Committee shall have final authority for certifying the market value of the development easement.

(c) The Committee's certified market value of the development easement shall not be greater than the highest independent appraised value of the development easement or be less than the lowest independent appraised value of the development easement.

(d) The Committee may find an appraisal invalid if it does not comply with the appraisal handbook for standards at N.J.A.C. 2:76-10 or generally recognized appraisal practices or contains a series of errors, omissions or hypothetical assumptions that significantly impact the integrity of the report such that the appraiser's valuations cannot be supported.

If an appraisal is found to be invalid, the committee shall reject the application for which the appraisal was conducted.

(e) The Committee shall certify the market value of the development easement and submit the value to the board.

History

New Rule, R.1993 d.392, effective 8/2/1993.
See: 25 N.J.R. 1804(d), 25 N.J.R. 3453(e).
Prior text at section Appraisal, recodified as N.J.A.C. 2:76-6.7.
Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
In (a) through (c) and in (e), deleted "fair" preceding "market"; and in (d), inserted "or contains a series of errors, omissions or hypothetical assumptions that significantly impact the integrity of the report such that the appraiser's valuations cannot be supported".

N.J. Admin. Code § 2:76-6.9 Landowner offer

(a) Within 45 days of the Committee's certification of the fair market value of the development easement, the board shall forward the value to the landowner and the landowner shall submit an asking price to the Committee.

(b) The landowner asking price shall contain information required by the Committee.

(c) The landowner asking price shall be submitted as a sealed confidential offer on or before a uniform date and time to be set by the Committee.

The Committee shall not accept any offer submitted after the time and date prescribed by the Committee or any offer which does not contain the information required by the Committee.

(d) The Committee shall publicly open all of the confidential landowner offers at a time and date prescribed by the Committee and published pursuant to the "Open Public Meeting Act".

(e) The Committee shall forward the landowner offers to the respective boards.

History

Amended by R.1988 d.435, effective 9/6/1988.
See: 20 New Jersey Register 1319(a), 20 New Jersey Register 2254(b).
(a): Grants to the Board raised from no more than 50 percent to 80 percent; added development easement.
Amended by R.1988 d.493, effective 10/17/1988.
See: 20 New Jersey Register 1503(a), 20 New Jersey Register 2565(a).
(b)-(d) substantially amended.
Amended by R.1989 d.49, effective 1/17/1989.
See: 20 New Jersey Register 1761(a), 21 New Jersey Register 158(a).
Added (a)1.
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 New Jersey Register 1244(a), 22 New Jersey Register 3359(a).
Established 30 day time frame in which to agree on landowner asking price.
Repeal and New Rule, R.1993 d.392, effective 8/2/1993.
See: 25 New Jersey Register 1804(d), 25 New Jersey Register 3453(e).
Section was "Final board review."
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 New Jersey Register 13(a), 27 New Jersey Register 4875(a).

N.J. Admin. Code § 2:76-6.10 Final board review

(a) Within 30 days of the Committee's opening of the confidential offers pursuant to N.J.A.C. 2:76-6.9(d), the board shall approve or disapprove the applications and submit the following to the Committee:

The priority ranking of the approved applications based upon suitability criteria duly adopted by the board which evaluate the following:

i. Priority consideration shall be given to offers with higher numerical values obtained by applying the following formula:

Data in image

ii. The degree to which the purchase would encourage the survivability of the municipally approved program in productive agriculture; and

iii. The degree of imminence of change of the land from productive agriculture to nonagricultural use;

The final purchase price of the development easement for each application.

i. The purchase price of the development easement shall be adjusted according to the acceptance or rejection of any residual dwelling site opportunities permitted pursuant to N.J.A.C. 2:76-6.1 7 and other adjustments required by the Committee;

The justification for the board's decision; and
A copy of the municipal governing body's resolution approving the purchase of the development easement.

(b) Regardless of the board's ranking determined by (a) above, the board may disapprove an application if it determines that an applicant has initiated proceedings in anticipation of applying to sell a development easement or during the application process which have the effect of increasing the applicant's appraised development easement value.

History

Amended by R.1988 d.493, effective 10/17/1988.
See: 20 New Jersey Register 1503(a), 20 New Jersey Register 2565(a).
Added (a)1 and renumbered old (a)1.-2. as 2.-3; substituted "value" for "offer" in (a)2.
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 New Jersey Register 1244(a), 22 New Jersey Register 3359(a).
Sixty day time frame established.
Repeal and New Rule, R.1993 d.392, effective 8/2/1993.
See: 25 New Jersey Register 1804(d), 25 New Jersey Register 3453(e).
Section was "Board application to the committee."
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 New Jersey Register 13(a), 27 New Jersey Register 4875(a).

N.J. Admin. Code § 2:76-6.11 Final Committee review

(a) The Committee shall approve a maximum limit of funds available and the maximum number of applications permitted per county for an easement purchase grant round to provide grants to counties and municipalities for the purchase of development easements on farmland.

(b) Upon receipt of applications which have received final approval by the board, the Committee shall determine the landowner's formula index by application of the formula contained in N.J.S.A. 4:1C-31b(1) as follows:

| nonagricultural development value | - | agricultural value | - | landowner'asking prices | | --- | --- | --- | --- | --- | | -------------------------------------------------------- | = | formula index | | | | nonagricultural development value | - | agricultural value | | |

(c) The Committee's funding priority shall be given to those applications which have higher numerical values obtained by application of the following formula:

(quality score) + (formula index x 200) = final score

Regardless of the final score, the Committee may disapprove an application if it determines that the applicant has initiated proceedings in anticipation of applying to sell a development easement or during the application process which have the effect of increasing the applicant's appraised development easement value.
The Committee may give funding priority to offers with higher numerical values in any one county based on the applicant's final score.

(d) The Committee shall not authorize a grant for an amount greater than 80 percent of the Committee's certified market value of the development easement or the board and/or county's purchase price of the development easement, whichever is lower. In situations where the Committee is cost sharing on an easement which has been acquired, or is being acquired, by a municipality, the Committee shall not authorize a grant for an amount greater than 80 percent of the Committee's certified market value of the development easement or 80 percent of the sum of the municipality's purchase price of the development easement plus the interest or discount on bonds the municipality incurred in association with the acquisition of the development easement from the date the municipality acquires the easement to the date of the appropriation of State funds, whichever is lower. The Committee's cost share grant for a development easement involving a governmental entity's prior acquisition of land in fee simple title also shall be subject to N.J.A.C. 2:76-6.2 3.

The percent Committee cost share shall be based upon the following:

| Landowner's asking price | Percent committee cost share | | | --- | --- | --- | | From $ 0.00 to $ 1,000 | = | 80% above $ 0.00 | | From > $ 1,000 to $ 3,000 | = | $ 800 + 70% above $ 1,000 | | From > $ 3,000 to $ 5,000 | = | $ 2,200 + 60% above $ 3,000 | | From > $ 5,000 to $ 9,000 | = | $ 3,400 + 50% above $ 5,000 | | From > $ 9,000 to $ 50,000 | = | 60% | | From > $ 50,000 to $ 75,000 | = | $ 30,000 + 55% above $ 50,000 | | From > $ 75,000 to $ 85,000 | = | $ 43,750 + 50% above $ 75,000 | | From > $ 85,000 to $ 95,000 | = | $ 48,750 + 40% above $ 85,000 | | From > $ 95,000 to $ 105,000 | = | $ 52,750 + 30% above $ 95,000 | | From > $ 105,000 to $ 115,000 | = | $ 55,750 + 20% above $ 105,000 | | From > $ 115,000 | = | $ 57,750 + 10% above $ 115,000 |

i. If the landowner's asking price is greater than the certified market value, the Committee's cost share grant shall be based upon the Committee's certified market value.

Notwithstanding (d)1 above, the Committee shall provide a grant for the purchase of a development easement on the top ranked application in a county at a 50 percent cost share in those counties where pursuant to (d)1 above, the Committee's cost share percentage would be less than 50 percent.

i. The Committee's cost share grant shall only apply to the purchase of a development easement pursuant to N.J.A.C. 2:76-6.3.

Subject to available funds, the Committee shall provide a cost share grant for up to 50 percent of the cost for eligible ancillary costs for the purchase of development easements.

i. Eligible ancillary costs shall be limited to wetlands determinations, appraisals, review appraisals, title search, title insurance and surveys on those farms from which a development easement has been purchased by the board pursuant to N.J.S.A. 4:1C-11 et seq. and this subchapter; and

ii. Ineligible costs include other local governmental expenses and administrative costs related to the acquisition of the development easement, such as staff and attorney work, clerical supplies and office space.

(e) Subject to the available funds, the Committee shall approve a grant, on a per acre basis, for the purchase of a development easement as determined in (d)1 and 2 above, based on the final surveyed acreage.

(f) In order to receive a grant for the purchase of a development easement, the County Board of Chosen Freeholders shall enter into a grant agreement pursuant to N.J.A.C. 2:76-6.1 8 through 6.18B.

(g) The Committee shall notify the respective boards of applications receiving final approval.

History

Amended by R.1988 d.435, effective 9/6/1988.
See: 20 N.J.R. 1319(a), 20 N.J.R. 2254(b).
(c): Added "no more than 80" to replace "50".
Amended by R.1988 d.493, effective 10/17/1988.
See: 20 N.J.R. 1503(a), 20 N.J.R. 2565(a).
(a) and (b) substantially amended.
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 N.J.R. 1244(a), 22 N.J.R. 3359(a).
Expanded and clarified formula and basis by which funding priority is established; includes a sliding scale.
Amended by R.1993 d.392, effective 8/2/1993.
See: 25 N.J.R. 1804(d), 25 N.J.R. 3453(e).
Amended by R.1994 d.43, effective 1/18/1994.
See: 25 N.J.R. 3890(a), 25 N.J.R. 4697(a), 26 N.J.R. 350(a).
Amended by R.1994 d.393, effective 8/1/1994.
See: 26 N.J.R. 1419(a), 26 N.J.R. 3159(b).
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 N.J.R. 13(a), 27 N.J.R. 4875(a).
Amended by R.1999 d.198, effective 6/21/1999.
See: 31 N.J.R. 816(a), 31 N.J.R. 1603(a).
In (a), inserted a reference to the maximum number of applications permitted per county.
Amended by R.2001 d.47, effective 2/5/2001.
See: 32 N.J.R. 3513(a), 33 N.J.R. 550(a).
In (d), rewrote the introductory paragraph.
Amended by R.2004 d.39, effective 1/20/2004.
See: 35 N.J.R. 4164(a), 36 N.J.R. 441(b).
Rewrote (d).
Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
In the introductory paragraph of (d) and in (d)1i, deleted "fair" preceding "market" throughout; in the introductory paragraph of (d), inserted the last sentence; deleted former (d)3, and recodified former (d)4 as (d)3.

N.J. Admin. Code § 2:76-6.12 Landowner decision

(a) Within 30 days of the board's receipt of the Committee's final approval, the board shall present to the landowner a written offer to purchase the development easement. A binding offer shall be contingent upon compliance with the provisions stated in N.J.A.C. 2:76-6.1 3.

(b) The landowner shall accept or reject the offer in writing within 30 days of receipt thereof. Any offer not accepted within that time shall be deemed rejected.

History

Amended by R.1990 d.529, effective 11/5/1990.
See: 22 New Jersey Register 1244(a), 22 New Jersey Register 3359(a).
Established 30 day time frames.
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 New Jersey Register 13(a), 27 New Jersey Register 4875(a).

N.J. Admin. Code § 2:76-6.13 Terms, contingencies and conditions of purchase

(a) Upon the landowner's acceptance of an offer to sell a development easement, the landowner shall provide evidence that current lien, easement and right-of-way holders will, as required by the Committee and board, subordinate their rights to the rights and privileges granted by the sale of the development easement to the board and shall supply recordable evidence of their subordination at the time of transfer of the easement.

(b) The board shall authorize an insured title search and a survey be conducted on the subject land.

(c) Upon the purchase of the development easement by the board, a statement containing the conditions of conveyance and restrictions on the use an development of the land shall be attached to and recorded with the deed of the land in the same manner as the deed was originally recorded (see N.J.A.C. 2:76-6.1 5).

Subject to Committee approval, the board may establish more stringent deed restrictions for the purpose of recognizing local conditions.

(d) Deed restrictions shall be recorded as follows:

The statement containing the conditions of conveyance and restrictions shall be recorded with the county clerk.
The board shall provide for notification of the development easement purchase to the following:

i. County governing body;

ii. County planning board;

iii. Municipal governing body;

iv. Municipal tax assessor;

v. Municipal planning board; and

vi. Soil conservation district.

(e) The board shall be responsible for monitoring all lands from which a development easement has been purchased since June 1, 1985, pursuant to N.J.S.A. 4:1C-11 et seq. and this subchapter, to ensure compliance with the provisions of the Deed of Easement. The monitoring shall consist of the following:

An onsite inspection shall be performed at least once a year;
All inspections and monitoring shall be completed within the period commencing July 1 and ending June 30;
A written summary shall be provided to the Committee by July 15, verifying that the inspections were conducted during the scheduled period with a certification concerning whether the farm was in compliance with the provisions of the Deed of Easement;
The Board shall inform the SADC if any of the terms and conditions of the Deed of Easement were violated within 30 days of identifying such violation; and
Appropriate action shall be taken within the board's and/or County's authority to ensure that the terms and conditions of the Deed of Easement are enforced.

History

Amended by R.1993 d.392, effective 8/2/1993.
See: 25 New Jersey Register 1804(d), 25 New Jersey Register 3453(e).
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 New Jersey Register 13(a), 27 New Jersey Register 4875(a).

N.J. Admin. Code § 2:76-6.14 Payment procedures; schedule of payment

(a) The board and the landowner may agree upon and establish a schedule of payment which provides that the landowner may receive consideration for the easement in a lump sum, or in installments over a period of up to 40 years from the date of settlement, provided that:

If a schedule of installments is agreed upon, the State Comptroller shall retain in the fund, or the governing body shall retain, an amount of money sufficient to pay the landowner pursuant to the schedule.
The landowner shall receive, annually, interest on any unpaid balance remaining after the date of settlement. The interest shall accrue at a rate established in the installment contract.

(b) Proof of title insurance, a certified survey and a copy of the recorded deed shall be forwarded to the Committee when requesting a grant for reimbursement of the board's purchase of a development easement.

History

Amended by R.1988 d.435, effective 9/6/1988.
See: 20 New Jersey Register 1319(a), 20 New Jersey Register 2254(b).
(b): Substituted "no more than 80" for "50".
Amended by R.1993 d.392, effective 8/2/1993.
See: 25 New Jersey Register 1804(d), 25 New Jersey Register 3453(e).
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 New Jersey Register 13(a), 27 New Jersey Register 4875(a).

N.J. Admin. Code § 2:76-6.14A Request for pre-closing division of land

(a) In the event that a landowner applies to the board and Committee to divide farmland which has received final approval by both the board pursuant to N.J.A.C. 2:76-6.1 0 and Committee pursuant to N.J.A.C. 2:76-6.1 1, but prior to the conveyance of the development easement to the board, the Committee may grant approval to divide the land if all of the following criteria are met:

The division of the land results in agriculturally viable parcels;

The division of the land is for an agricultural purpose;

Common deed ownership of the land existed at the time of application;

There exists a contract of sale between the board and/or county and the landowner to convey the development easement to the board and/or county which does not contain a condition requiring or permitting the division prior to the conveyance;

The county and/or board has granted approval of the division;
There is an existing, valid contract of sale to convey the divided parcel(s) to a third party(ies); and
The county and/or board enters into a Grant Agreement with the SADC pursuant to N.J.A.C. 2:76-6.1 8.

History

New Rule, R.1999 d.198, effective 6/21/1999.
See: 31 New Jersey Register 816(a), 31 New Jersey Register 1603(a).

N.J. Admin. Code § 2:76-6.15 Deed restrictions

(a) The following statement shall be attached to and recorded with the deed of the land and shall run with the land: "Grantor promises that the Premises shall be owned, used and conveyed subject to:

Any development of the Premises for nonagricultural purposes is expressly prohibited.
The Premises shall be retained for agricultural use and production in compliance with N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32, and all other rules promulgated by the State Agriculture Development Committee, (hereinafter Committee). Agricultural use shall mean the use of the premises for common farmsite activities including, but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.
Grantor certifies that at the time of the application to sell the development easement to the Grantee and at the time of the execution of this Deed of Easement the nonagricultural uses indicated on attached Schedule (B) existed on the Premises. All other nonagricultural uses are prohibited except as expressly provided in this Deed of Easement.
All nonagricultural uses, if any, existing on the Premises at the time of the landowner's application to the Grantee as set forth in Section 3 above may be continued and any structure may be restored or repaired in the event of partial destruction thereof, subject to the following:

i. No new structures or the expansion of pre-existing structures for nonagricultural use are permitted;

ii. No change in the pre-existing nonagricultural use is permitted.

iii. No expansion of the pre-existing nonagricultural use is permitted; and

iv. In the event that the Grantor abandons the pre-existing nonagricultural use, the right of the Grantor to continue the use is extinguished.

No sand, gravel, loam, rock, or other minerals shall be deposited on or removed from the Premises excepting only those materials required for the agricultural purpose for which the land is being used.

No dumping or placing of trash or waste material shall be permitted on the Premises unless expressly recommended by the Committee as an agricultural management practice.
No activity shall be permitted on the Premises which would be detrimental to drainage, flood control, water conservation, erosion control, or soil conservation, nor shall any other activity be permitted which would be detrimental to the continued agricultural use of the Premises.

i. Grantor shall obtain within one year of the date of this Deed of Easement, a farm conservation plan approved by the local soil conservation district.

ii. Grantor's long term objectives shall conform with the provisions of the farm conservation plan.

Grantee and Committee and their agents shall be permitted access to, and to enter upon, the Premises at all reasonable times, but solely for the purpose of inspection in order to enforce and assure compliance with the terms and conditions of this Deed of Easement. Grantee agrees to give Grantor, at least 24 hours advance notice of its intention to enter the Premises, and further, to limit such times of entry to the daylight hours on regular business days of the week.
Grantor may use the Premises to derive income from certain recreational activities such as hunting, fishing, cross country skiing and ecological tours, only if such activities do not interfere with the actual use of the land for agricultural production and that the activities only utilize the Premises in its existing condition. Other recreational activities from which income is derived and which alter the Premises, such as golf courses and athletic fields, are prohibited.
Nothing shall be construed to convey a right to the public of access to or use of the Premises except as stated in this Deed of Easement or as otherwise provided by law.
Nothing shall impose upon the Grantor any duty to maintain the Premises in any particular state, or condition, except as provided for in this Deed of Easement.
Nothing in this Deed of Easement shall be deemed to restrict the right of Grantor to maintain all roads and trails existing upon the Premises as of the date of this Deed of Easement. Grantor shall be permitted to construct, improve or reconstruct any roadway necessary to service crops, bogs, agricultural buildings, or reservoirs as may be necessary.
At the time of this conveyance, Grantor has () existing single family residential building(s) on the Premises and () residential buildings used for agricultural labor purposes. Grantor may use, maintain, and improve existing buildings on the Premises for agricultural, residential and recreational uses subject to the following conditions:

i. Improvements to agricultural buildings shall be consistent with agricultural uses;

iii. Improvements to recreational buildings shall be consistent with agricultural or recreational uses.

Grantor may construct any new buildings for agricultural purposes. The construction of any new buildings for residential use, regardless of its purpose, shall be prohibited except as follows:

i. To provide structures for housing of agricultural labor employed on the Premises but only with the approval of the Grantee and the Committee. If Grantee and the Committee grant approval for the construction of agricultural labor housing, such housing shall not be used as a residence for Grantor, Grantor's spouse, Grantor's parents, Grantor's lineal descendants adopted or natural, Grantor's spouse's parents, Grantor's spouse's lineal descendants, adopted or natural; and

ii. To construct a single family residential building anywhere on the Premises in order to replace any single family residential building in existence at the time of conveyance of this Deed of Easement but only with the approval of the Grantee and Committee.

iii. () residual dwelling site opportunities have been allocated to the Premises pursuant to the provisions of N.J.A.C. 2:76-6.1 7, "Residual Dwelling Site Opportunity". The Grantor's request to exercise a residual dwelling site opportunity shall comply with the rules promulgated by the Committee in effect at the time the request is initiated.

In the event a division of the Premises occurs in compliance with deed restriction No. 15 below, the Grantor shall prepare or cause to be prepared a Corrective Deed of Easement reflecting the reallocation of the residual dwelling site opportunities to the respective divided lots. The Corrective Deed shall be recorded with the County Clerk. A copy of the recorded Corrective Deed shall be provided to the Grantee and Committee.

(or)

No residual dwelling site opportunities have been allocated pursuant to the provisions of N.J.A.C. 2:76-6.1 7. No residential buildings are permitted on the Premises except as provided in this Deed of Easement.

For purposes of this Deed of Easement:

"Residual dwelling site opportunity" means the potential to construct a residential unit and other appurtenant structures as the Premises in accordance with N.J.A.C. 2:76-6.1 7.

"Residual dwelling site" means the location of the residential unit and other appurtenant structures.

"Use for agricultural purposes" as related to the exercise of a residual dwelling site opportunity and the continued use of the residential unit constructed thereto, means at least one person residing in the residential unit shall be regularly engaged in common farmsite activities on the Premises including, but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage, water management and grazing.

The land and its buildings which are affected may be sold collectively or individually for continued agricultural use as defined in Section 2 of this Deed of Easement. However, no division of the land shall be permitted without the joint approval in writing of the Grantee and the Committee. In order for the Grantor to receive approval, the Grantee and Committee must find that the division shall be for an agricultural purpose and result in agriculturally viable parcels. Division means any division of the Premises, for any purpose, subsequent to the effective date of this Deed of Easement.

i. For purposes of this Deed of Easement, "Agriculturally viable parcel" means that each parcel is capable of sustaining a variety of agricultural operations that yield a reasonable economic return under normal conditions, solely from each parcel's agricultural output.

In the event of any violation of the terms and conditions of this Deed of Easement, Grantee or the Committee may institute, in the name of the State of New Jersey, any proceedings to enforce these terms and conditions including the institution of suit to enjoin such violations and to require restoration of the Premises to its prior condition. Grantee or the Committee do not waive or forfeit the right to take any other legal action necessary to insure compliance with the terms, conditions, and purpose of this Deed of Easement by a prior failure to act.

This Deed of Easement imposes no obligation or restriction on the Grantor's use of the Premises except as specifically set forth in this Deed of Easement.
This Deed of Easement is binding upon the Grantor, the Grantor's heirs, executors, administrators, personal or legal representatives, successors and assigns and the Grantee; it shall be construed as a restriction running with the land and shall be binding upon any person to whom title to the Premises is transferred as well as upon the heirs, executors, administrators, personal or legal representatives, successors, and assigns of all such persons.
Throughout this Deed of Easement, the singular shall include the plural, and the masculine shall include the feminine, unless the text indicates otherwise.
The word 'Grantor' shall mean any and all persons who lawfully succeed to the rights and responsibilities of the Grantor, including but not limited to the Grantor's heirs, executors, administrators, personal or legal representatives, successors and assigns.
Wherever in this Deed of Easement any party shall be designated or referred to by name or general reference, such designation shall have the same effect as if the words, 'heirs, executors, administrators, personal or legal representatives, successors and assigns' have been inserted after each and every designation.
Grantor, Grantor's heirs, executors, administrators, personal or legal representatives, successors and assigns further transfers and conveys to Grantee all of the non-agricultural development rights and development credits appurtenant to the lands and Premises described herein. Nothing contained herein shall preclude the conveyance or retention of said rights by the Grantee as may be permitted by the laws of the State of New Jersey in the future. In the event that the law permits the conveyance of said development rights, Grantee agrees to reimburse the Committee () percent of the value of the development rights as determined at the time of the subsequent conveyance.
That portion of the net proceeds, representing the value of the land only (and not the value of the improvements), of a condemnation award or other disposition of the Premises following termination of this Deed of Easement, as permitted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32, shall be distributed among the Grantor and the Grantee in shares in proportion to the fair market value of their interests in the Premises on the date of execution of this Deed of Easement. For this purpose, the Grantee's allocable share of the proceeds shall be the net proceeds multiplied by a fraction, the numerator of which is the fair market value of the development easement as certified by the Committee at the time of the initial acquisition and the denominator of which is the full fair market value of the unrestricted Premises as certified by the Committee at the time of the initial acquisition, which is identified as ( /). Furthermore, the Grantee's proceeds shall be distributed among the Grantee and the Committee in shares in proportion to their respective cost share grants on the date of execution of this Deed of Easement. The Grantee shall use its share of the proceeds in a manner consistent with the provisions of N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32."

(b) The Committee or landowner may require more stringent deed restrictions consistent with the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32.

(c) The deed restrictions contained in (a) above shall be liberally construed to effectuate the purpose and intent of the Farmland Preservation Bond Act, P.L. 1981, c.276, and the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32.

History

Amended by R.1984 d.595, effective 1/7/1985.
See: 16 N.J.R. 2871(a), 17 N.J.R. 65(a).
Section substantially amended.
Amended by R.1986 d.386, effective 9/22/1986.
See: 18 N.J.R. 1328(a), 18 N.J.R. 1930(a).
Substantially amended.
Amended by R.1989 d.49, effective 1/17/1989.
See: 20 N.J.R. 1761(a), 21 N.J.R. 158(a).
Added (d).
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 N.J.R. 1244(a), 22 N.J.R. 3359(a).
Modified deed restrictions at (a)11, 12, 13, 16 and 20.
Amended by R.1992 d.324, effective 8/17/1992.
See: 24 N.J.R. 896(a), 24 N.J.R. 2833(a).
Revised (a).
Amended by R.1993 d.182, effective 5/3/1993.
See: 25 N.J.R. 223(a), 25 N.J.R. 1867(a).
Revised (a)14i.
Amended by R.1994 d.393, effective 8/1/1994.
See: 26 N.J.R. 1419(a), 26 N.J.R. 3159(b).
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 N.J.R. 13(a), 27 N.J.R. 4875(a).

N.J. Admin. Code § 2:76-6.16 Criteria for evaluating development easement applications

(a) The evaluation shall be based on the merits of the individual application and the application's contribution to its respective project area. The weight factor assigned to each criterion identifies the relative importance of the specific criterion in relation to the other criteria.

(b) The criteria listed in (c), (d), (e), (f), (g), and (h) below shall be combined to demonstrate the degree to which the purchase would encourage the survivability of the municipally approved program in productive agriculture.

Priority will be given to soils which exhibit superior quality, require minimal maintenance and have a greater potential for long term viability for a variety of agricultural purposes.
Factors to be considered are as follows:

i. Prime soils identified by the U.S.D.A., Soil Conservation Service;

ii. Soils of Statewide importance as identified by the New Jersey Department of Agriculture, State Soil Conservation Committee; and

iii. Other soils which are specifically suited for the production of specialty crops and are being used or intended to be used for that purpose.

(d) The tillable acres criterion (weight 15) is as follows:

Priority will be given to the proportion of the land that is deemed tillable.
Factors to be considered and deemed to be tillable will be lands devoted to cropland harvested, cropland pastured and permanent pasture. For purposes of evaluating these factors, the following terms shall have the following meanings:

i. "Cropland harvested" means land from which a crop was harvested in the current year. Cropland harvested shall include the land under structures utilized for agricultural or horticultural production.

ii. "Cropland pastured" means land which can be and often is used to produce crops, but its maximum income may not be realized in a particular year. This includes land that is fallow or in cover crops as part of a rotational program.

iii. "Permanent pasture" means land that is not cultivated because its maximum economic potential is realized from grazing or as part of erosion control programs. Animals may or may not be part of the farm operation.

(e) The boundaries and buffers criterion (weight 20) is as follows:

Priority will be given to the greatest proportion of boundaries with buffers which help protect the integrity of the individual application and/or project area from conflicting nonagricultural uses.
Factors to be considered are as follows:

i. The type and quality of buffers, including:

(1) Compatible uses as follows:

(A) Deed restricted farmland (permanent);

(B) Deed restricted wildlife areas;

(D) Farmland (unrestricted);

(E) Streams (perennial) and wetlands;

(F) Parks (limited public access);

(G) Parks (high use);

(H) Military installations;

(I) Highways (limited access);

(J) Golf course (public); and

(K) Other compatible buffers.

(2) Conflicting uses as follows:

(A) Residential; and

(B) Other;

(3) Negative consideration:

(A) Exceptions which adversely affect the applicant's agricultural operation (weight 10); and

ii. Percentage of boundaries buffering the individual application.

(f) The local commitment criterion (weight 20) is as follows:

Priority will be given where municipal and county land use regulations and policies support the long term viability of the agricultural industry.
Factors to be considered are as follows:

i. Zoning ordinances and densities which discourage conflicting nonagricultural development;

ii. Absence of sewer or other growth leading infrastructure;

iii. Consistency with municipal, county, state and regional plans;

iv. Municipal commitment to actively participate in the Agriculture Retention and Development Program;

v. Right to farm and other ordinances supporting agriculture; and

vi. Community financial support for the project area.

(g) The size and density criterion (weight 20) is as follows:

Priority will be given to larger masses with higher density of the lands dedicated to farmland preservation.
Factors to be considered are as follows:

i. The size of the individual application;

ii. The size of the individual application in relation to the average farm size in the respective county; and

iii. The density of the individual application in relation to the project area. Density shall be recognized as the reasonable contiguity, within one-half mile, of lands encompassed by development easement purchase applications, development easements purchased, other permanently deed restricted farmlands, farmland preservation programs and municipally approved programs.

(h) The board's highest ranked application (weight 10) will be given priority consideration to recognize local factors which encourage the degree to which the purchase would encourage the survivability of the municipally approved program in productive agriculture and degree of imminence of change of the land from productive agriculture to nonagricultural use.

(i) Factors which determine the degree of imminence of change of the land from productive agriculture to nonagricultural use criterion (weight 10) are as follows:

Priority will be given to minimizing the negative impacts caused by the imminent conversion of agricultural land to a nonagricultural use.
Factors to be considered are as follows:

i. The degree of imminence of change; and

ii. The impact of the conversion.

History

New Rule, R.1988 d.493, effective 10/17/1988.
See: 20 New Jersey Register 1503(a), 20 New Jersey Register 2565(a).
Amended by R.1989 d.537, effective 10/16/1989.
See: 21 New Jersey Register 2152(a), 21 New Jersey Register 3294(a).
Reduction of total available points from 100 to 90, clarification of the local commitment calculation and additional unweighted special considerations.
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 New Jersey Register 1244(a), 22 New Jersey Register 3359(a).
Deleted formula at (h), recodified subsection.
Amended by R.1993 d.392, effective 8/2/1993.
See: 25 New Jersey Register 1804(d), 25 New Jersey Register 3453(e).
Amended by R.1995 d.505, effective 9/5/1995.
See: 27 New Jersey Register 2295(a), 27 New Jersey Register 3323(a).
Inserted (d) and redesignated former (d) to (h) as (e) to (i), in (c) substituted "15" for "30", and in (g)(2)(iii) inserted "reasonable" and ", within one-half mile,".
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 New Jersey Register 13(a), 27 New Jersey Register 4875(a).
Administrative correction.
See: 28 New Jersey Register 813(b).

N.J. Admin. Code § 2:76-6.17 Residual dwelling site opportunity

(a) Upon a landowner's request, residual dwelling site opportunities may be allocated to the premises by the board only under the following conditions:

The overall gross density shall not exceed one residential unit per 100 acres. The board shall decrease the allocation in consideration of the following conditions:

i. Existing residential buildings on the premises;

ii. Proposed residential building(s) which have received preliminary and/or final approval from the municipality but have not yet been constructed; and

iii. In no case shall the overall density of residual dwelling site opportunities, existing residential buildings and proposed residential buildings exceed one unit per 100 acres.

The board may decrease the allocation in consideration of the following conditions:

i. Exceptions of parcels of land from a tax block and lot contained in the application to sell a development easement or a tax block and lot adjacent to the application which is under the same record ownership as the landowner; and

ii. Other factors which the board deems appropriate.

(b) At the landowner's option, the allocation of residual dwelling site opportunities may be reduced at any time prior to the sale of the development easement.

(c) The following restriction shall be attached to and recorded with the deed of the land and shall run with the land to identify the number of residual dwelling site opportunities allocated to the premises:

(...) residual dwelling site opportunities have been allocated to the Premises pursuant to the provisions of N.J.A.C. 2:76-6.1 7, "Residual Dwelling Site Opportunity". The Grantor's request to exercise a residual dwelling site opportunity shall comply with the rules promulgated by the Committee in effect at the time the request is initiated.

In the event a residual dwelling site opportunity has been approved by the Grantee, the Grantor shall prepare or cause to be prepared a Corrective Deed of Easement at the time of Grantee's approval. The Corrective Deed shall reflect the reduction of residual dwelling site opportunities allocated to the Premises. The Corrective Deed shall be recorded with the County Clerk. A copy of the recorded Corrective Deed shall be provided to the Grantee and Committee.

For purposes of this Deed of Easement:

"Residual dwelling site opportunity" means the potential to construct a residential unit and other appurtenant structures on the Premises in accordance with N.J.A.C. 2:76-6.1 7.

"Residual dwelling site" means the location of the residential unit and other appurtenant structures.

(d) Nothing in this section shall be construed to mandate the board to allocate a residual dwelling site opportunity to the premises.

(e) A request to exercise an RDSO shall be conducted in the following manner:

If a landowner or contract purchaser intends to exercise a residual dwelling site opportunity subsequent to the purchase of a development easement, an application shall be submitted to the board. If a contract purchaser submits the request, the record owner shall also endorse the application.
The application shall contain the information required by the board.
Upon receipt of the application the board shall forward a copy of the application to the municipal governing body for advisory comments. The governing body may submit comments, if any, concerning the application to the board within 35 days of the receipt of the application.
Upon receipt of the application the board shall forward a copy of the application to the Committee.
The Committee may submit comments, if any, concerning the application to the board within 35 days of its receipt.
The Committee's failure to submit any comments shall not be construed as recommending approval or denial of the application.

Upon the expiration of the 35-day committee comment period, the board may review the application to exercise an RDSO.

The residual dwelling site opportunity may only be exercised if the board determines that the construction and use of the residential unit is for agricultural purposes and that the location of the residual dwelling site minimizes any adverse impact on the agricultural operation.
Upon the board's finding that the construction and use of the proposed residential unit is for agricultural purposes and that the residual dwelling site minimizes any adverse impact on the agricultural operation, the board shall condition its approval of the exercising of the residual dwelling site opportunity on the landowner or contract purchaser securing a building permit, to ensure that the construction of the residential unit is in compliance with all municipal ordinances.
The board's approval to exercise a residual dwelling site opportunity shall be valid for a period of three years from the date of approval. Extensions may be granted by the board for additional periods for at least one year but not to exceed a total extension of two years.

(f) Documentation of the status of an allocated residual dwelling site opportunity shall be as follows:

In the event a division of the premises occurs in compliance with N.J.A.C. 2:76-6.1 5(a)15, the landowner shall prepare or cause to be prepared a Corrective Deed of Easement reflecting the reallocation of the residual dwelling site opportunities to the respective divided lots. The Corrective Deed shall be recorded with the county clerk. A copy of the recorded Corrective Deed shall be provided to the board and Committee; and
In the event a residual dwelling site opportunity has been approved by the board, the landowner shall prepare or cause to be prepared a Corrective Deed of Easement at the time of the board's approval. The Corrective Deed shall reflect the reduction of residual dwelling site opportunities allocated to the premises. The Corrective Deed shall be recorded with the county clerk. A copy of the recorded Corrective Deed shall be provided to the board and Committee.

(g) A person who was, but is no longer, regularly engaged in common farmsite activities on the premises may continue living in a residential unit only if he or she has:

Retired from farming, as long as he or she was regularly engaged in common farmsite activities on the premises for at least five years while residing in the residential unit; or
Suffered a disability and can no longer engage in farming as a result of the disability.

(h) Upon the death of a person who was regularly engaged in common farmsite activities on the premises (farmer occupant), the farmer occupant's spouse, domestic partner registered pursuant to N.J.S.A. 26:8A-1 et seq. (domestic partner), and children may continue residing in the residential unit subject to the following conditions:

The farmer occupant's spouse, domestic partner, or children must have been residing in the residential unit at the time of the farmer occupant's death;
A child who was claimed as a dependent on the farmer occupant's most recent Federal income tax return filed before his or her death may continue residing in the house as long as his or her status as a dependent for Federal income tax purposes is maintained.

i. Upon losing his or her status as a dependent for Federal income tax purposes, the child may continue residing in the residential unit as long as the farmer occupant's spouse or domestic partner resides there. If the farmer occupant's spouse or domestic partner no longer lives in the residential unit, the child shall:

(1) Vacate the residential unit; or

(2) Become regularly engaged in common farmsite activities on the premises;

A child who was not claimed as a dependent on the farmer occupant's most recent Federal income tax return filed before his or her death may continue residing in the residential unit as long as the farmer occupant's spouse or domestic partner continues to reside in the residential unit. If the farmer occupant's spouse or domestic partner no longer resides in the residential unit, the child shall:

i. Vacate the residential unit; or

ii. Become regularly engaged in common farmsite activities on the premises; and

Other family members not addressed in this subsection above, including but not limited to, a parent or sibling of the farmer occupant, may reside in the residential unit only with the joint approval of the board and committee (or with the sole approval of the committee if the committee owns the development easement). When considering requests, the board and committee shall consider the financial and health status of the family member and serious hardships that may warrant the family member to live in the residential unit.

History

New Rule, R.1989 d.49, effective 1/17/1989.
See: 20 N.J.R. 1761(a), 21 N.J.R. 158(a).
Amended by R.1990 d.529, effective 11/5/1990.
See: 22 N.J.R. 1244(a), 22 N.J.R. 3359(a).
Corrected internal cite and added language.
Repeal and New Rule, R.1993 d.392, effective 8/2/1993.
See: 25 N.J.R. 1804(d), 25 N.J.R. 3453(e).
Amended by R.1994 d.393, effective 8/1/1994.
See: 26 N.J.R. 1419(a), 26 N.J.R. 3159(b).
Amended by R.1995 d.613, effective 12/4/1995.
See: 27 N.J.R. 13(a), 27 N.J.R. 4875(a).
Amended by R.2006 d.387, effective 11/6/2006.
See: 38 N.J.R. 2244(a), 38 N.J.R. 4689(a).
Added (g) and (h).

N.J. Admin. Code § 2:76-6.18 SADC grant agreement with county: General provisions

(a) In order to receive a grant for the purchase of a development easement as approved by the SADC pursuant to N.J.A.C. 2:76-6.1 1, the county board of chosen freeholders shall agree to enter into a grant agreement which shall incorporate the requirements of N.J.A.C. 2:76-6.1 8 through 6.18B.

(b) The county by entering into a grant agreement shall accept primary responsibility for the administration and success of the acquisition of the development easement on the properties designated in a Schedule A of the agreement.

(c) The county shall award contracts and subcontracts concerning the acquisition of development easements on properties designated in Schedule A of the agreement free from bribery, graft and other corrupt practices. The county shall bear the sole responsibility for the prevention, detection and cooperation in the prosecution of any such conduct. The county shall pursue available judicial and administrative remedies, and take appropriate remedial action with respect to any allegations or evidence of such illegality or corrupt practices. The county shall notify the SADC immediately after such allegation or evidence comes to its attention, and shall periodically advise the SADC of the status and ultimate disposal of any such matter.

(d) The county shall award all contracts in accordance with the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and the rules adopted pursuant thereto, N.J.A.C. 5:34.

(e) The county, its contractors and subcontractors shall comply with Title VI of the Civil Rights Act of 1964, as amended ( 42 U.S.C. 2000d-2000d-4), as well as the discrimination and affirmative action provisions of N.J.S.A. 10:2-1 through N.J.S.A. 10:2-4, the New Jersey Law against Discrimination, N.J.S.A. 10:5-1 et seq., and the rules and regulations promulgated pursuant thereto.

(f) The SADC, or its duly authorized representative(s), shall have access to all records, books, documents and papers pertaining to the agreement and/or the approved development easement purchase for audit, examination, excerpt and transcript purposes. Obtaining information shall be made practicable for the SADC.

(g) A development easement acquired by the County pursuant to N.J.S.A. 4:1C-11 et seq., shall not be sold, given, transferred or otherwise conveyed in any manner except in accordance with N.J.S.A. 4:1C-32a or unless specifically permitted by law.

(h) No public body shall exercise the power of eminent domain for the acquisition of land from which a development easement has been conveyed pursuant to N.J.S.A. 4:1C-24, nor shall any public body advance a grant, loan, interest subsidy or other funds with regard to land from which a development easement has been conveyed pursuant to N.J.S.A. 4:1C-24, for the construction of dwellings, commercial facilities, transportation facilities, or water or sewer facilities to serve nonfarm structures unless the Governor declares that the action is necessary for the public health, safety and welfare and that there is no immediately apparent feasible alternative. If the Governor so declares, the provisions of N.J.S.A. 4:1C-19 shall apply.

(i) The county shall assume all risk and responsibility for, and agree to indemnify, defend and save harmless the SADC, its agents, servants, officers or employees from and against any and all claims, demands, or lawsuits that may be made by third parties against the SADC, its agents, servants, officers or employees for damages of any kind or description arising from the acquisition of the development easement on account of or resulting from the acts or omissions of county, its employees, agents, contractors or subcontractors, including, but not limited to:

Any loss, damage or injury to, or death of, any person occurring at or about or resulting from any defect in the acquisition of the development easement;
Any damages or injury to persons or property or county, its contractors, subcontractors, officers, agents, servants or employees, or any other person who may be about the property caused by any act of negligence of any person (other than the SADC or its officers, agents, servants or employees); or
Any costs, expenses or damages incurred as a result of any lawsuit commenced because of action taken in good faith by the SADC in connection with the acquisition of the development easement.

(j) The county shall indemnify, protect, and hold the SADC and its agents, servants, officers and employees harmless from and against any and all such losses, damages, injuries, costs or expenses and from and against any and all claims, demands, suits, actions or other proceedings whatsoever, brought by any person or entity whatsoever (except by county) and arising or purportedly arising from the agreement or from the ownership of the development easement on account of or resulting from the acts or omissions of county, its employees, agents, contractors or subcontractors.

(k) The county may unilaterally rescind the agreement at any time prior to the county's receipt of the grant. After the receipt of the grant, the county may not terminate, modify or rescind the agreement without the express written approval of the SADC. Any attempt by the county to terminate, modify or rescind the agreement after receipt of a grant without the express written approval of the SADC shall constitute a material breach and subject the county to any and all appropriate penalties at law.

(l) The SADC may terminate the agreement prior to providing a grant to county, in whole or in part at any time for good cause. The term "good cause" shall include, but not be limited to, failure to comply with the terms and conditions of the agreement or the rules and regulations adopted by the SADC. Default by county shall also constitute "good cause" for termination of the agreement.

(m) Any one or more of the following events shall constitute an event of default by the county:

If the county knew or should have known that any representation or warranty made in the agreement or in any certifications, reports, plans, financial statements or other information furnished in connection with the agreement was false or misleading; or
Failure of county to observe and perform any covenant, condition or requirement of the agreement, and continuance of such failure for a period of 30 days after receipt by the county of written notice by the SADC, specifying the nature of such failure and requesting that it be remedied, or if by reason of the nature of such failure the same cannot be remedied within the said 30 days, the county fails to proceed with reasonable diligence after receipt of said notice to cure same.

(n) In the event of default by the county, the SADC shall have the right to require repayment of its entire grant on the affected property as the case may be without presentment, demand, protest or other notice of any kind, all of which shall be expressly waived by the county, anything contained in the agreement to the contrary notwithstanding.

(o) In addition to any other rights or remedies available to the SADC pursuant to law, in the event of the County's noncompliance with the terms of the agreement or violation of the provisions of this chapter, with respect to the property(ies) set forth in Schedule A of the agreement, or any other property subject to the Agriculture Retention and Development restrictions and for which the SADC has provided a grant to County, the SADC may take any of the following actions or combinations thereof:

Issue a Notice of Noncompliance;
Withhold SADC grants;
Terminate or annul the agreement; and
Demand immediate repayment of the funds advanced by the SADC.

(p) No remedy in regard to the agreement conferred or reserved by the SADC is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the agreement now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the SADC to exercise any remedy reserved to it in this section, it shall not be necessary to give notice other than such notice as may be provided by this section.

(q) In addition to the remedies in (m) through (o) above, if the county commits a breach, or threatens to commit a breach of the agreement, the SADC shall have the right and remedy, without posting bond or other security, to have the provisions of the agreement specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the SADC and that money damages will not provide an adequate remedy therefor.

(r) In the event that county should default under any of the provisions of the agreement and the SADC shall require and employ attorneys or the services of the Attorney General's Office, or incur other expenses for the collection of payments due or to become due or for the enforcement or performance of any obligation or agreement on the part of county contained in the agreement, the county shall on demand therefor pay to the SADC the reasonable fees of such attorneys and other expenses incurred by the SADC.

(s) The SADC shall not be required to do any act whatsoever or exercise any diligence whatsoever to mitigate the damages to county if any event of default shall occur as part of the agreement.

(t) The agreement constitutes the entire agreement and supersedes all prior agreements and understandings both written and oral between the parties with respect to the subject matter of the agreement and may be executed simultaneously in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

(u) In the event any provision of the agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of the agreement.

(v) In the event that any provision of the agreement should be breached by the county and thereafter deemed waived by the SADC, such waiver shall be limited to the particular breach so waived by the SADC and shall not be deemed to waive any other breach by county.

(w) The agreement shall inure to the benefit of and be binding upon the heirs, successors and administrators of the county, but no part shall be assigned without the prior written consent of the SADC.

(x) The agreement shall be construed and enforced under the laws of the State of New Jersey.

(y) In the event of litigation, the county shall waive whatever right it may have to trial by jury.

(z) The grant agreement and the grant is conditioned upon the county agriculture development board adopting a code of ethics that prohibits its members, and members of its members' immediate family, from selling or applying to sell development easements on their property or from selling or applying to sell their property in fee simple pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq. and the Garden State Preservation Trust Act, N.J.S.A. 13:8C-1 et seq. "Member of the immediate family" shall be defined in said code of ethics as the member's spouse, child, parent, or sibling, residing in the same household.

This condition shall apply to all grants awarded to counties for applications submitted to the Committee beginning with those submitted on or before November 15, 2000 for the 2001 Application Round. In addition to the requirements set forth herein, members of county agriculture development boards shall comply with the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq.

History

New Rule, R.1995 d.613, effective 12/4/1995.
See: 27 New Jersey Register 13(a), 27 New Jersey Register 4875(a).
Administrative correction.
See: 28 New Jersey Register 813(b).
Amended by R.2001 d.22, effective 1/16/2001.
See: 32 New Jersey Register 3515(a), 33 New Jersey Register 253(a).
Added (z).

N.J. Admin. Code § 2:76-6.18A SADC grant agreement with county: acquisition phase; and monitoring phase

(a) The county shall certify that the acquisition of development easements by the county as set forth in the agreement complies with the provisions of the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32, as amended, and all implementing regulations in this chapter.

(b) During the acquisition phase the county which is in the process of acquiring a development easement pursuant to the Agriculture Retention and Development Act and other implementing regulations, N.J.A.C. 2:76-6 shall:

Provide a copy of a survey of the respective property, certified to the county, CADB, SADC, and title company which has been performed in accordance with N.J.S.A. 45:8-27 et seq. and N.J.A.C. 13:40-1.1 through 10.1.

i. The county is encouraged to require the surveyor to delineate internal features such as residential units, agricultural labor units, other agricultural buildings or structures and easements of record. This information will be extremely helpful in setting baseline data for future enforcement of the deed restrictions by the county;

Coordinate the initial onsite investigation of the property identified in Schedule A of the agreement with the SADC staff to establish the necessary baseline information for completing the Deed of Easement and for future inspection and monitoring purposes;
Obtain clear, valid record title, marketable, and insurable by a title company authorized to do business in New Jersey pursuant to N.J.A.C. 2:76-6.1 3(a);
Provide a copy of the title commitment to the SADC;
Prepare a Deed of Easement in accordance with N.J.A.C. 2:76-6.1 5 on the Deed of Easement form adopted by the SADC;
Identify the county's percent cost share and cost share grant amount for the purchase of the development easement;

Identify the municipal percent cost share and cost share grant amount for the purchase of the development easement;

Identify if the landowner is providing a donation to the county concerning the sale of the development easement pursuant to N.J.S.A. 4:1C-35;
Inform the SADC if the purchase of the development easement will require a lump sum payment (grant) to the County or installments over a period of up to 40 years from the date of settlement pursuant to N.J.S.A. 4:1C-32(c);
Subject to outstanding liens, other payments necessary to cover the easement and other special circumstances which may result in escrowing of funds, issue a check to the landowner for the total purchase price of the development easement at the time of closing for the purchase of the development easement, unless the installment purchase option is utilized;
Purchase the development easement on all properties set forth in Schedule A of the agreement within 18 months of the SADC's final approval;

i. The county may request the SADC to consider extending the 18 month period for one additional six month period;

File and record a notice of settlement prior to the easement purchase closing;
Immediately and properly record the fully executed Deed of Easement and all other appropriate settlement documents with the County Clerk's office following the purchase of the development easement;
Provide for notification of the development easement purchase pursuant to N.J.A.C. 2:76-6.1 3(d)2.
Provide the SADC with a copy of the recorded Deed of Easement immediately upon the county's receipt of the originally recorded Deed of Easement;
Provide the SADC with a copy of the insured title policy immediately upon receipt; and
Provide the SADC with an accounting of the County's ancillary costs pursuant to N.J.A.C. 2:76-6.1 1(d)3.

(c) During the acquisition phase, a county which is the record owner of a development easement acquired pursuant to N.J.S.A. 4:1C-34 and this subchapter and subsequent to the acquisition of the development easement, applies to the SADC for a grant under the Agriculture Retention and Development Act, shall:

Provide a copy of the initial survey of the property certified to the SADC, county and title company which has been performed in accordance with N.J.S.A. 45:8-27 et seq. and N.J.A.C. 13:40-1.1 through 10.1.

Coordinate the initial onsite investigation of the property identified in Schedule A of the agreement with the SADC staff to establish the necessary baseline information for completing the Deed of Easement and for future inspection and monitoring purposes;
Provide a copy of the title policy for the county's original acquisition of the development easement ensuring clear, valid record title marketable, and insurable by a title company authorized to do business in New Jersey;
Provide a copy of the recorded Deed of Easement used to acquire the original development easement which at a minimum contained the restrictions found at N.J.A.C. 2:76-6.1 5(a) which were in effect at the time the development easement was acquired;
Identify the county's initial purchase price of the development easement;
Identify, if applicable, the municipal percent cost share and cost share grant amount for the purchase of the initial development easement;
Identify if the initial landowner provided a donation to the county concerning the sale of the development easement pursuant to N.J.S.A. 4:1C-35;
Provide an affidavit from the county that no new encumbrances have been imposed on the Deed of Easement subsequent to the county's acquisition;
Provide an affidavit from the current record owner of the premises that no new encumbrances have been imposed on the premises subsequent to the sale of the development easement;
In the event an affidavit cannot be provided pursuant to (c)8 and 9 above, the county shall provide a copy of an updated title commitment to the SADC which provides for a clear, valid record title, marketable, and insurable by a title company authorized to do business in New Jersey;
Reimburse the SADC for its respective cost share grant in the event any encumbrance(s) was placed on the property subsequent to the date the original development easement was acquired which was not disclosed by the County and/or landowner in the Affidavits provided in (c)8 and 9 above;
Prepare a new Deed of Easement which contains the provisions of N.J.A.C. 2:76-6.1 5 which were in effect at the time the development easement was acquired by the county. The document shall provide for execution by the county and current landowner of the restricted premises if necessary; and
Provide the SADC with an accounting of the county's ancillary costs pursuant to N.J.A.C. 2:76-6.1 1(d)3.

(d) During the monitoring phase the county shall:

Conduct an onsite inspection and monitor, at least once a year, all land from which a development easement has been acquired by the county and for which the SADC has provided a cost share grant to the county to ensure compliance with the terms of the Deed of Easement;

i. All inspections and monitoring shall be completed within the period commencing July 1 and ending June 30; and

ii. The county shall provide a written summary to the SADC by July 15, verifying that the inspections were conducted during the scheduled period with a certification concerning whether the farm was in compliance with the provisions of the Deed of Easement;

Inform the SADC if any of the terms and conditions of the Deed of Easement were violated within 30 days of identifying such violation;
Take appropriate action within the county's authority to ensure that the terms and conditions of the Deed of Easement are enforced;
Maintain a data base of all lands from which a development easement was acquired listing at least the following:

i. Record owner;

ii. Record owner's address;

iii. Phone number;

iv. Tax map block and lots of the premises;

v. Acres;

vi. Title policy;

vii. Final survey;

viii. Inspection dates;

ix. Copy of the recorded Deed of Easement;

x. Subsequent amendments to the Deed of Easement; and

xi. Subsequent issues impacting the premises;

Annually inform the SADC of any record ownership changes which occur on lands from which development easements have been acquired; and
Inform the SADC of any actions which require the SADC's review and/or approval pursuant to N.J.A.C. 2:76-1, and the Deed of Easement.

History

New Rule, R.1995 d.613, effective 12/4/1995.
See: 27 New Jersey Register 13(a), 27 New Jersey Register 4875(a).

N.J. Admin. Code § 2:76-6.18B SADC grant agreement with county: SADC responsibility

(a) In furtherance of an agreement for a grant for the purchase of a development easement by a county the SADC shall:

Conduct a base line inspection of the properties designated in Schedule A of the agreement in cooperation with the county;

Review the title commitment, final survey, and other necessary closing documents deemed to be complete and accurate by the county prior to the formal purchase of a development easement;
Attend the formal closing for the purchase of a development easement to ensure that the SADC's interests and obligations are fully protected;
Provide a grant to the county for the purchase of a development easement on the properties designated in Schedule A of the agreement subject to available funds, pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq. and N.J.A.C. 2:76-6.1 1, within 18 months of the SADC's final approval, but not prior to the closing for the purchase of the development easement;
Consider a request by the county pursuant to N.J.A.C. 2:76-6.1 8A(b) 11, to extend the 18 month period to provide a grant to the county as follows:

i. The SADC may extend the 18 month period for one additional six month period when it has determined that extenuating circumstances which are beyond the county's or landowner's control have caused the delay;

Enforce the provisions of the Deed of Easement pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq. and N.J.A.C. 2:76; and
Review and take appropriate action as required pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., this chapter and the Deed of Easement.

History

New Rule, R.1995 d.613, effective 12/4/1995.
See: 27 New Jersey Register 13(a), 27 New Jersey Register 4875(a).

N.J. Admin. Code § 2:76-6.19 Request for Committee approval of lands permanently deed-restricted by a board and/or county not requiring a Committee cost share grant

(a) A board and/or county may request Committee approval of land from which a development easement was purchased by or donated to the board and/or county for the purpose of ensuring that the owner of the land is afforded all of the benefits available to lands from which a development easement has been conveyed pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32 and N.J.A.C. 2:76.

(b) To initiate a review by the Committee, the board shall provide the Committee with the following:

A completed application which included the following:

i. The landowner name, address, phone number;

ii. The block and lot designation;

iii. Acres;

iv. The general location;

v. Operation;

vi. Residence, RDSOs, exceptions;

vii. Pre-existing, non-agricultural uses;

viii. Prior subdivision approval;

ix. Easements/rights of way;

x. The quality score and ranking;

xi. The degree of imminence of change or conversion analysis; and

xii. The county ranking of the farm.

Certification that the land is located in an agricultural development area;
Certification that the land qualifies for differential property tax assessment pursuant to the Farmland Assessment Act of 1964;
A copy of the municipal governing body's resolution approving the purchase and/or donation of the development easement;
A copy of the board's and, if appropriate, county's approval of the purchase or receipt of a donated development easement; and
A copy of the recorded Deed of Easement that conveyed a development easement and all of the nonagricultural development rights and development credits appurtenant to the lands and premises to the board and/or county.

i. The deed restrictions imposed on the premises shall at a minimum contain the restrictions found at N.J.A.C. 2:76-6.1 5(a) which were in effect at the time the development easement was acquired.

ii. If appropriate, the Deed of Easement shall contain the following provision:

"Grantor understands and accepts that Grantee may, at its sole option, apply to have this easement enrolled for participation in the State of New Jersey Agriculture Retention and Development Program as administered by the State Agriculture Development Committee. It is the intention of Grantor to convey to Grantee, by this present instrument, all of the rights which would have to be conveyed under N.J.S.A. 4:1C-11 et seq. and under N.J.A.C. 2:76-1.1 et seq. in order to qualify this easement for participation in the State Program. Grantor hereby agrees and undertakes to cooperate with Grantee in any appropriate aspect of the State in the application process and to execute any necessary papers presented by the State or by Grantee in connection therewith. Grantor hereby consents to the participation in or exercise of any of Grantee's rights and obligations hereunder by the State Agriculture Development Committee or any other State agency or political subdivision of the State of New Jersey. Grantee stipulates that any rights and prerogatives which this Deed of Easement extends to the Committee (which entity is neither a party to this conveyance nor to any of the negotiations and agreements leading up to same) are inchoate and shall not be exercised unless and until Grantee and the Committee enter into an agreement as a result of the enrollment of this easement in the State of New Jersey Agriculture Retention and Development Program";

A copy of the board and/or county's marked up title commitment, or, if appropriate, title policy issued for the purchase or donation of the development easement on the premises;
A copy of the survey plat with a legal metes and bounds description of the premises;
If appropriate, an executed Enrollment Agreement between the board and/or county and the Committee which grants the Committee all of the rights and prerogatives contained in the Deed of Easement; and
An executed Grant Agreement between the board and/or county and the Committee.

(c) The Committee shall review the documentation provided by the board and/or county to ensure that the information is accurate and complete in accordance with N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32 and this chapter and shall approve or disapprove the board and/or county's request.

If approved, the Committee shall execute the Enrollment Agreement as identified in (b)9 above and Grant Agreement and return the Enrollment Agreement to the board for recording with the county clerk's office;
Upon the board's recording of the Enrollment Agreement, the owner of the land shall be eligible for all of the benefits provided to lands from which a development easement has been conveyed pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32 and this chapter.
The Committee's approval of a board and/or county-owned development easement pursuant to this section shall not preclude the board and/or county from applying for a grant from the Committee at a later date to reimburse the board and/or county for its cost of acquiring the development easement pursuant to N.J.A.C. 2:76-6.5(h). However, counties are not eligible to apply to the Committee for a cost share grant for the donated portion of a development easement.

History

New Rule, R.1999 d.198, effective 6/21/1999.
See: 31 New Jersey Register 816(a), 31 New Jersey Register 1603(a).

N.J. Admin. Code § 2:76-6.20 Minimum eligibility criteria

(a) All lands from which a development easement is acquired and all lands purchased in fee simple title pursuant to section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-31), section 5 of P.L. 1988, c. 4 (N.J.S.A. 4:1C-31.1), section 1 of P.L. 1989, c. 28 (N.J.S.A. 4:1C-38), section 1 of P.L. 1999, c. 180 (N.J.S.A. 4:1C-43.1), or sections 37 though 40 of P.L. 1999, c. 152 (N.J.S.A. 13:8C-37 through 40) shall at a minimum satisfy the following criteria:

For lands less than or equal to 10 acres, the land must meet the criteria in (a)1i, ii, iii and iv, or (a)1v below.

i. The land produces agricultural or horticultural products of at least $ 2,500 annually;

ii. At least 75 percent of the land is tillable or a minimum of five acres, whichever is less;

iii. At least 75 percent of the land, or a minimum of five acres, whichever is less, consists of soils that are capable of supporting agricultural or horticultural production; and

iv. The land must exhibit development potential based on a finding that all of the following standards are met:

(1) The municipal zoning ordinance for the land as it is being appraised must allow additional development, and in the case of residential zoning, at least one additional residential site beyond that which will potentially exist on the premises;

(2) Where the purported development value of the land depends on the potential to provide access for additional development, the municipal zoning ordinances allowing further subdivision of the land must be verified. If access is only available pursuant to an easement, the easement must specify that further subdivision of the land is possible. To the extent that this potential access is subject to ordinances such as those governing allowable subdivisions, common driveways and shared access, these facts must be confirmed in writing by the municipal zoning officer or planner;

(3) The land shall not contain more than 80 percent soils classified as freshwater or modified agricultural wetlands according to the New Jersey Department of Environmental Protection (DEP) wetlands maps. If the DEP wetlands maps are in dispute, further investigation and onsite analysis may be conducted by a certified licensed engineer or qualified wetlands consultant and/or a letter of interpretation issued by the New Jersey Department of Environmental Protection, may be secured and used to provide a more accurate assessment of the site conditions, provided, however, that nothing herein shall require the Committee to conduct such additional investigation; and

(4) The land shall not contain more than 80 percent soils with slopes in excess of 15 percent as identified on a USDA, Natural Resources Conservation Service SSURGO version 2.2 or newer soils map; or

v. The land is eligible for allocation of development credits pursuant to a transfer of development potential program authorized and duly adopted by law including development credits authorized pursuant to the Pinelands Comprehensive Management Plan and authorized rules.

vi. For evaluation purposes, the term "tillable" means lands that are classified as cropland harvested, cropland pastured and permanent pasture for farmland assessment purposes.

(1) "Cropland harvested" means land from which a crop was harvested in the current year. Cropland harvested shall include land under structures utilized for agricultural or horticultural production.

(2) "Cropland pastured" means land which can be and often is used to produce crops, but its maximum income may not be realized in a particular year. This includes land that is fallow or in cover crops as part of a rotational program.

(3) "Permanent pasture" means land that is not cultivated because its maximum economic potential is realized from grazing or as part of erosion control programs. Animals may or may not be part of the farm operation.

For lands greater than 10 acres, the land must meet the criteria in (a)2i, ii and iii, or (a)2iv.

i. At least 50 percent of the land, or a minimum of 25 acres, whichever is less, is tillable;

ii. At least 50 percent of the land, or a minimum of 25 acres, whichever is less, consists of soils that are capable of supporting agricultural or horticultural production; and

iii. The land must exhibit development potential based on a finding that all of the following standards are met:

(3) Land that is less than 25 acres in size shall not contain more than 80 percent soils classified as freshwater or modified agricultural wetlands according to the New Jersey Department of Environmental Protection (DEP) wetlands maps. If the DEP wetlands maps are in dispute, further investigation and onsite analysis may be conducted by a certified licensed engineer or qualified wetlands consultant and/or a letter of interpretation issued by the New Jersey Department of Environmental Protection, may be secured and used to provide a more accurate assessment of the site conditions, provided, however, that nothing herein shall require the Committee to conduct such additional investigation; and

(4) Land that is less than 25 acres in size shall not contain more than 80 percent soils with slopes in excess of 15 percent as identified on a USDA, Natural Resources Conservation Service SSURGO version 2.2 or newer soils map; or

iv. The land is eligible for allocation of development credits pursuant to a transfer of development potential program authorized and duly adopted by law including development credits authorized pursuant to the Pinelands Comprehensive Management Plan and authorized rules.

v. For evaluation purposes, the term "tillable" means lands that are classified as cropland harvested, cropland pastured and permanent pasture for farmland assessment purposes.

(1) "Cropland harvested" means land from which a crop was harvested in the current year. Cropland harvested shall include land under structures utilized for agricultural or horticultural production.

(b) Lands that do not meet the minimum eligibility criteria are not eligible for a State cost share grant for farmland preservation purposes.

(c) No application being reviewed by the Committee for permanent farmland preservation purposes shall be eligible to be considered in more than one program at any time.

(d) If a landowner rejects an offer for an amount equal to or greater than the certified market value, the Committee shall not accept for processing any application for the sale of a development easement, or for sale of land in fee simple, pursuant to the planning incentive grant program or any other farmland preservation program authorized pursuant to N.J.S.A. 4:1C-11 et seq., or 13:1C-1 et seq. for two years from the date that the application for a sale of the development easement was originally submitted to the Committee. This provision applies only to an application from the same landowner for the same farm property.

History

New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).

N.J. Admin. Code § 2:76-6.21 Appraiser selection

(a) A State-Certified General Real Estate Appraiser (SCGREA) certified pursuant to N.J.A.C. 13:40A-1.2 on the Committee's list of approved appraisers as of July 2, 2007, shall be eligible to remain on the Committee's approved list subject to N.J.A.C. 2:76-6.2 2.

(b) A State-Certified General Real Estate Appraiser (SCGREA) certified pursuant to N.J.A.C. 13:40A-1.2 that is not on the Committee's list of approved appraisers as of July 2, 2007, may apply to the Committee in writing, by no later than June 1 of the year in which the appraiser wants to be added to the list of approved appraisers, subject to the Committee's determination that the appraiser has satisfied the following requirements:

The appraiser is equipped with adequate office support and resources to efficiently complete narrative appraisal reports on a large scale as confirmed by the Committee's review appraiser;
The appraiser has demonstrated his or her experience in appraising various types of real estate such as residential, commercial, industrial and special purpose assignments with an emphasis on appraising agricultural and vacant lands;
The appraiser has presented a summary of his or her credentials including a partial list of clients indicating the scope of practice, a copy of his or her license and three references;
The appraiser has provided an example of an agricultural or vacant land appraisal report that has been reviewed by the Committee's review appraiser and found to be prepared based on generally recognized appraisal practices with reasonable and justified conclusions, adheres to appraisal report format, and is without errors and omissions; and
The appraiser has attended the Committee's annual appraisal seminar in the year in which he or she is making application to the Committee to be considered for approval.

History

New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).

N.J. Admin. Code § 2:76-6.22 Appraiser retention and removal

(a) Annually, the Committee shall conduct a review of the qualifications of all approved appraisers and may remove an appraiser who does not meet the provisions of N.J.A.C. 2:76-6.2 1 or (b) below.

(b) To be retained as an approved appraiser, the Committee shall ensure that the appraiser complies with the following:

The appraiser has attended at least one of the Committee's annual appraisal seminars in the last two years;
The appraiser has satisfied contractual requirements, has complied with Committee handbook standards and N.J.A.C. 2:76-10, has complied with generally recognized appraisal practices and responded to the contracting agency to address any appraisal deficiencies or questions in a timely manner.

i. The contracting agency shall notify the Committee if an appraiser has not complied with the above;

The appraiser has responded to the Committee's review appraiser to address any appraisal deficiencies or questions in a timely manner; and
The appraiser has consistently prepared quality appraisal reports that do not contain errors and omissions that impact the integrity of the appraisal report.

(c) In the event that the Committee has documentation that the appraiser has not complied with any of the provisions contained in (b) above, the Committee shall remove the appraiser from the list of approved appraisers.

The appraiser shall be notified in writing of the Committee's determination.

(d) The Committee shall update its list of approved appraisers annually and notify all boards and other contracting parties and post the list on its website at http://www.state.nj.us/agriculture/sadc/sadc.htm.

History

New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).

N.J. Admin. Code § 2:76-6.23 Determination of the Committee's cost share for a development easement on lands acquired in fee simple title by a government entity

(a) In order for a board and/or county or municipality that has acquired land in fee simple title for farmland preservation purposes to be eligible for a cost share grant for the purchase of a development easement as a partial interest in the fee simple title, the board and/or county or municipality shall submit an application to the Committee pursuant to this subchapter within three consecutive funding rounds (see N.J.A.C. 2:76-6.5(g) ), or within three years of the date of acquisition for any other permanent farmland preservation program.

(b) Where the government entity has not yet resold the premises with deed restrictions at the time the Committee provides its cost share grant, the Committee shall base the amount of its cost share grant on either the development easement value determined pursuant to N.J.A.C. 2:76-10 and certified by the Committee, or the purchase price of the premises paid by the board and/or county or municipality minus the certified "after" value of the restricted premises, whichever is less. In the case of a municipal transaction, the development easement value or purchase price shall be adjusted to include any municipal interest costs incurred as defined at N.J.A.C. 2:76-6.1 1(d).

Grant agreements governing transactions described in (b) above, shall provide that, if the government entity receiving the grant sells the restricted premises for more than the "after" value used to calculate the grant amount, the government entity shall reimburse to the Committee any funds previously paid by the Committee for the development easement on a pro rata basis up to the amount of the cost share grant, within 30 days of the government entity's resale of the restricted premises.
Failure to comply with this provision may result in the Committee filing a petition with the Department of Treasury, Division of Taxation to withhold approval of the government entity's budget for the next fiscal year.

(c) In those instances where the government entity resold the restricted premises prior to the Committee providing its cost share grant, the Committee shall base its cost share grant on the development easement value determined pursuant to N.J.A.C. 2:76-10 and certified by the Committee, on the purchase price of the premises paid by the board and/or county or municipality minus the certified "after" value of the restricted premises or on the purchase price paid by the government entity less the payment received for the resale of the restricted premises, whichever is less. In the case of a municipal transaction, the easement value or purchase price shall include any municipal interest costs incurred as defined at N.J.A.C. 2:76-6.1 1(d).

History

New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).

Subchapter 7 REVIEW OF NON-AGRICULTURAL DEVELOPMENT PROJECTS IN AGRICULTURAL DEVELOPMENT AREAS

N.J. Admin. Code § 2:76-7.1 Applicability

This subchapter applies to any public body or public utility which intends, within an agricultural development area, to exercise the power of eminent domain for the acquisition of land, or advance a grant, loan, interest subsidy or other funds within an agricultural development area for the construction of dwellings, commercial or industrial facilities, transportation facilities, or water or sewer facilities to serve non-farm structures.

N.J. Admin. Code § 2:76-7.2 Definitions

"Advance a grant, loan, interest subsidy or other funds" means the provision of funds in the form of a grant, loan or interest subsidy or other financial assistance for the construction of a project as defined in this subchapter.

"Agricultural development area" means the agricultural land area identified by the board and certified by the Committee pursuant to N.J.S.A. 4:1C-18 and N.J.A.C. 2:76-1.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agriculture retention board established pursuant to N.J.S.A. 4:1C-17.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Initiation of an action" means the earliest of the following events: the filing of a complaint by a public body or public utility with the New Jersey Superior Court for permission to exercise the power of eminent domain; the issuance of a draft environmental impact statement or environmental assessment; the approval of a project as a "categorical exclusion" by the Federal Highway Administration; or, in the case of the advancement of funds, the time at which a public utility or public body decides to make a final commitment to advance a grant, loan, interest subsidy or other funds toward a project.

"Notice of intent" means the written notification by a public body or public utility to the Committee and the board and the supporting documents and information pursuant to N.J.A.C. 2:76-7.3(c) and 2:76-7.4(d).

"Project" means the use or purpose for which any public body or public utility intends to acquire land within an agricultural development area through the exercise of the power of eminent domain, or the construction, within an agricultural development area, of dwellings, commercial or industrial facilities, transportation facilities, or water or sewer facilities to serve non-farm structures, for which construction any public body or public utility intends to advance a grant, loan, interest subsidy or other funds.

"Proposed action" means the intention of any public body or public utility to exercise the power of eminent domain for the acquisition of land or advance a grant, loan, interest subsidy or other funds for a project as defined in this subchapter.

"Public body" means any State, regional, county or municipal agency or governing body, including but not limited to special districts and authorities.

"Public utility" means and includes every public utility enumerated in N.J.S.A. 48:2-13, and every natural gas pipeline utility as defined at N.J.S.A. 48:10-2 et seq. vested with the power of eminent domain and subject to regulation under State or Federal law.

"Secretary" means the Secretary of Agriculture.

N.J. Admin. Code § 2:76-7.3 Responsibilities of the public body and/or public utility

(a) A notice of intent shall be filed with the board and the Committee by any public body or public utility which intends, within an agricultural development area, to:

Exercise the power of eminent domain for the acquisition of land; or

Advance a grant, loan, interest subsidy or other funds for the construction of a project as defined in this subchapter.

(b) The following are exempt from the requirements of (a) above:

Extension of roadside public utility electric and gas distribution lines; and
Minor improvements and/or repairs to existing transportation and water or sewer infrastructure systems that do not increase existing capacity or extend service into previously unserviced areas.

A statement of the reasons for the proposed action;

An evaluation of alternatives which would not include action in the agricultural development area;

Information about the project and its impact as outlined in N.J.A.C. 2:76-7.4.

(d) The notice of intent shall be filed with the board and the Committee at least 30 days prior to the initiation of an action described in (a) above. The time at which the action is initiated shall be as defined in N.J.A.C. 2:76-7.2.

N.J. Admin. Code § 2:76-7.4 Information about the project

(a) The information outlined in (d) below regarding the proposed action and project shall be required in the notice of intent submitted to the board and the Committee by the public body or public utility and shall be used, along with other relevant information, by the board and the Committee to evaluate the impact of the project on the agricultural activities in the Agricultural Development Area. If the board determines that further information is required to complete its evaluation, such information shall be submitted by the public body or public utility within 10 working days of the request.

(b) If a draft environmental impact statement has been prepared in connection with the proposed action or project and includes all of the information required in (d) below, then that statement, along with the information required in N.J.A.C. 2:76-7.3(c) and together with a cover letter to the board and the Committee stating that the enclosed statement is intended to serve as a notice of intent to undertake an action within an agricultural development area, shall fully comply with the notice requirement, provided that such statement is served upon the board and the Committee at least 30 days prior to the initiation of the proposed action.

(c) If a draft environmental impact statement prepared in connection with the proposed action or project does not contain all of the information required in (d) below, including the information required in N.J.A.C. 2:76-7.3(c), then that statement, together with all additional information necessary and a cover letter to the board and the Committee stating that the enclosed statement is intended to serve as a notice of intent to undertake an action within an agricultural development area, shall fully comply with the notice requirement, provided that such statement is served upon the board and the Committee at least 30 days prior to the undertaking of the proposed action.

(d) The following information must be submitted for each project:

The name of the public body or public utility involved, its address, telephone number and the name of a contact person.

The location and land use of the project as follows:

i. The location of the project, including:

(1) The municipality(ies), block and lot number(s) to the extent known;

(2) A key map adequately locating the site or proposed route of the project;

(3) The current use of the site; and

(4) The land use of area adjacent to the site, including:

(A) Current buffers between the project and farmland; and

(B) The proposed use of buffers between the project and farmland.

ii. A description of the project, including:

(1) The type of project (utility, residential, commercial, industrial, etc.);

(2) The purpose of the project;

(3) The total area of the project;

(4) The phases of the project;

(5) The infrastructure required, including roads and utilities (water, electric, gas, etc.); and

(6) The alternatives considered, if any.

(7) The site plan, if available.

A discussion of farm activities impacts on the project through consideration of the following issues from the public body or public utility's perspective and identification of feasible solutions to these potential problems:

i. Potential complaints concerning noise from use of farm machinery, irrigation pumps or other equipment;

ii. Potential complaints concerning odors associated with livestock, poultry, crops or manure spreading;

iii. Potential complaints concerning use of herbicides, pesticides and fertilizers; and

iv. Potential dust problems.

A discussion of project impacts on farm activities, including:

i. Prevention of access to an actively farmed area;

ii. Potential increase in vandalism of farm equipment, buildings and/or crops;

iii. Potential increase in farm trespass;

iv. Potential increase in vehicle traffic;

v. Potential increase in litter (glass, plastic and/or paper) that may affect the farm operation; and

vi. Potential impact on aesthetics of the area.

A discussion of the project's impact on water resources with respect to the agricultural operation, including:

i. The following aspects of water diversion:

(1) Surface runoff affecting water bodies, including irrigation ponds;

(2) Groundwater aquifers affected; and

(3) Rechanneling of streams or water courses;

ii. The potential effect on surface and groundwater quality; and

iii. The site's function as a water recharge area.

Subchapter 8 ACQUISITION OF FARMLAND IN FEE SIMPLE

N.J. Admin. Code § 2:76-8.1 Applicability

This subchapter applies to all transactions in which the State Agriculture Development Committee purchases real property pursuant to P.L. 1988, c. 4, N.J.S.A. 4:1C-31.1, 4:1C-31.2, 4:1C-38, and N.J.S.A. 4:1C-39 and all other relevant provisions of the Agriculture Retention and Development Act and the Garden State Preservation Trust Act, P.L. 1999, c. 152.

History

Emergency amendment R.1999 d.317, effective 8/20/1999 (to expire October 19, 1999).
See: 31 N.J.R. 2646(a).
Added a reference to the Garden State Preservation Trust Act.
Adopted concurrent proposal, R.1999 d.390, effective 10/19/1999.
See: 31 N.J.R. 2646(a), 31 N.J.R. 3625(a).
Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Substituted "c. 4" for "c.4", "N.J.S.A. 4:1C-31.1, 4:1C-31.2, 4:1C-38, and 4:1C-39" for "N.J.S.A. 4:1C-31.1 and N.J.S.A. 4:1C-31.2" and "c. 152" for "c.152".

N.J. Admin. Code § 2:76-8.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"Agricultural Development Area(s) (ADA)" means area(s) identified by a county agriculture development board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agricultural Development Committee (SADC).

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4. "Agricultural deed restrictions for farmland preservation purposes" means a statement containing the conditions of the conveyances and the terms of the restrictions set forth in P.L. 1983, c.32 and as additionally determined by the committee on the use and development of the land which shall be recorded with the deed in the same manner as originally recorded.

"120-day commitment letter" means a document prepared by the Committee and signed by the landowner and Committee that requires the landowner to refrain from entering into any option agreement, contract of sale, or any other agreement affecting title to the subject farm for a period of 120 days, during which time the Committee shall hire two independent appraisers to appraise the subject farm.

"Quality score" means the Committee's numeric total derived from the application of the criteria for evaluating a development easement application contained in N.J.A.C. 2:76-6.1 6.

History

Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Added definitions "120-day commitment letter" and "Quality score".

N.J. Admin. Code § 2:76-8.3 Landowner offer

(a) An owner of farmland within an agricultural development area may offer to sell to the Committee the fee simple absolute title to the farmland at a price which, in the opinion of the landowner, represents the fair market value of the property.

(b) The Committee shall forward copies of the offer to the respective board and municipality.

N.J. Admin. Code § 2:76-8.4 Board and municipal comments

The respective board and municipality may submit comments regarding the pending offer to the Committee within 30 days of the date of application.

N.J. Admin. Code § 2:76-8.5 Committee evaluation

(a) In determining the suitability of the purchase of farmland, the Committee shall consider the criteria set forth in N.J.S.A. 4:1C-31.1 and any comments of the respective board and municipality.

(b) In addition to the factors set forth in (a) above, the Committee shall evaluate the same criteria utilized for the evaluation of applications for development easement purchases set forth in N.J.A.C. 2:76-6.1 6, the criteria contained at N.J.A.C. 2:76-6.2 0 and the prioritization criteria set forth in (c), (d) and (e) below.

(c) An application received by the Committee that satisfies the minimum eligibility criteria contained at N.J.A.C. 2:76-6.2 0 and has been evaluated pursuant to N.J.A.C. 2:76-6.1 6 shall be prioritized as follows:

"Priority farm": meets or exceeds both 75 percent of the average farm size in the county in which it is located and its quality score is at least 90 percent of the average quality score in the county in which it is located.

"Alternate farm": does not meet the criteria for "priority" farm, but meets or exceeds both 55 percent of the average farm size in the county in which it is located and its quality score is at least 70 percent of the average quality score in the county in which it is located.

"Other farm": does not meet the criteria for "priority" or "alternate" farms.

(d) Average farm size in a county shall be determined based on the average farm size of farms using the 2002 US Census data, incorporated herein by reference, as amended and supplemented. The 2002 US Census data can be obtained at http://www.nass.usda.gov.

(e) Average quality score in a county shall be based on the average quality scores determined pursuant to N.J.A.C. 2:76-6.1 6 for all farms granted preliminary approval by the Committee through the county easement purchase program and/or county planning incentive grant program within the previous three fiscal years, as determined by the Committee.

History

Emergency amendment R.1999 d.317, effective 8/20/1999 (to expire October 19, 1999).
See: 31 N.J.R. 2646(a).
Added (c).
Adopted concurrent proposal, R.1999 d.390, effective 10/19/1999.
See: 31 N.J.R. 2646(a), 31 N.J.R. 3625(a).
Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
In (a) and (b), substituted "Committee" for "committee"; in (b), inserted ", the criteria contained at N.J.A.C. 2:76-6.20 and the prioritization criteria set forth in (c), (d) and (e) below"; rewrote (c); and added (d) and (e).

N.J. Admin. Code § 2:76-8.6 Committee notification

(a) An application that receives a "priority" ranking pursuant to N.J.A.C. 2:76-8.5(b) shall proceed as follows:

The Committee shall consider if it has expended the required minimum funds in that particular county pursuant to N.J.S.A. 13:8C-38m for the respective fiscal year and available funds.
If a determination pursuant to (a)1 above is to proceed with the application, the landowner shall be notified in writing of its application status and requested to enter into a 120-day commitment letter with the Committee.
Upon execution of the 120-day commitment letter, the application shall proceed to the appraisal process described pursuant to N.J.A.C. 2:76-8.7.

(b) An application that receives an "alternate" ranking pursuant to N.J.A.C. 2:76-8.5(b) shall proceed as follows:

The landowner shall be notified in writing of its application status and informed that no immediate action shall be taken until such time that the Committee determines the following:

i. There are no "priority" ranked applications received at least 120-days prior to the end of the fiscal year that have not already been accepted for processing;

ii. The Committee has not expended the required minimum funds in that particular county pursuant to N.J.S.A. 13:8C-38m for the respective fiscal year; and

iii. Consideration of geographic distribution of funds authorized pursuant to N.J.S.A. 13:8C-38b.

The Committee may authorize the execution of the 120-day commitment letter, provided that the conditions in (b)1 above have been satisfied.
Upon execution of the 120-day commitment letter, the application shall proceed to the appraisal process described pursuant to N.J.A.C. 2:76-8.7.

The landowner shall be notified in writing of its application status and informed that the Committee will not take action until such time as it determines the following:

i. There are no "priority" or "alternate" ranked applications received at least 120-days prior to the end of the fiscal year that have not already been accepted for processing;

ii. The Committee has not expended the required minimum funds in that particular county pursuant to N.J.S.A. 13:8C-38m for the respective fiscal year; and

iii. The acquisition will promote the geographic distribution of funds pursuant to N.J.S.A. 13:8C-38b.

The Committee may proceed to authorize the execution of the 120-day commitment letter, provided that the conditions in (c)1 above have been satisfied.
Upon execution of the 120-day commitment letter, the application shall proceed to the appraisal process described pursuant to N.J.A.C. 2:76-8.7.

History

New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Former N.J.A.C. 2:76-8.6, Appraisals, recodified to N.J.A.C. 2:76-8.7.

N.J. Admin. Code § 2:76-8.7 Appraisals

(a) The Committee shall, for each application that has been authorized pursuant to N.J.A.C. 2:76-8.6 to proceed to the appraisal process, select two independent appraisers on the list of appraisers approved by the Committee pursuant to N.J.A.C. 2:76-6.2 2 to perform appraisals on the offered farmland.

(b) Appraisals to determine the market value of the fee simple estate and market value of the restricted fee simple estate for purposes of resale of the restricted premises shall be conducted consistent with the process set forth in subsection c of section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-31), sections 38(e), (g), (i) and (j) of the Garden State Preservation Trust Act, P.L. 1999, c. 152 and N.J.A.C. 2:76-10.

History

Recodified from N.J.A.C. 2:76-8.6 and amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Rewrote the section. Former N.J.A.C. 2:76-8.7, Final Committee action, recodified to N.J.A.C. 2:76-8.10.

N.J. Admin. Code § 2:76-8.8 Committee approval of fee simple market value

(a) The Committee shall appoint a review appraiser to evaluate the two independent appraisals and establish a recommended market value for the fee simple estate and the market value for the restricted fee simple estate.

The review shall be done to ensure compliance with the appraisal handbook standards at N.J.A.C. 2:76-10.
The recommended market value of the fee simple estate shall not be greater than the highest independent appraised value of the fee simple estate or less than the lowest independent appraised value for the fee simple estate.

(b) The Committee shall have final authority for certifying the market value of the fee simple estate and the market value for the restricted fee simple estate.

The certified market value of the fee simple estate shall not be greater than the highest independent appraised value of the fee simple estate or less than the lowest independent appraised value of the fee simple estate.

(c) The Committee may find an appraisal invalid if it does not comply with the appraisal handbook standards at N.J.A.C. 2:76-10 or generally accepted appraisal practices or contains a series of errors, omissions or hypothetical assumptions that significantly impact the integrity of the report or in the aggregate affect the credibility of the results.

If an appraisal is found to be invalid, the Committee may request the selection of a new independent appraiser pursuant to N.J.A.C. 2:76-8.7.

(d) The Committee shall authorize staff to negotiate the fee simple purchase of the farmland pursuant to N.J.A.C. 2:76-8.9.

History

New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).

N.J. Admin. Code § 2:76-8.9 Negotiation of offer

(a) The Committee authorizes staff to negotiate the purchase of the farmland in fee simple title with the owner not to exceed the certified market value for the fee simple estate established pursuant to N.J.A.C. 2:76-8.8.

(b) Upon the owner's acceptance of a fee simple value, the Committee shall conduct a final review pursuant to N.J.A.C. 2:76-8.1 0.

History

New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).

N.J. Admin. Code § 2:76-8.10 Final Committee action

(a) Upon identification to the Committee of the fee simple value negotiated with a landowner other than a government entity pursuant to N.J.A.C. 2:76-8.9, the Committee shall ensure compliance with the provisions of this subchapter and if all requirements are satisfied, grant final approval of the fee simple purchase of the land and all of its improvements subject to the following:

Available funds; and
Execution of an agreement between the owner of the fee simple interest and Committee.

i. If appropriate, the Committee may condition its approval on a local government or nonprofit organization contributing a portion of the cost of acquiring the farmland in fee simple title if the preservation of the farmland is of significant local or regional importance or if the Committee has insufficient funds to pay 100 percent of the acquisition cost.

(b) Upon identification to the Committee of the fee simple value negotiated with a landowner that is a government entity pursuant to N.J.A.C. 2:76-8.9, the Committee shall ensure compliance with the provisions of this subchapter and if all requirements are satisfied, grant final approval of the fee simple purchase of the land and all of its improvements subject to the following:

Available funds;
The provisions at N.J.A.C. 2:76-8.1 1; and
Execution of an agreement between the local government entity owning the fee simple interest and Committee.

History

Recodified from N.J.A.C. 2:76-8.7 and amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Rewrote the section.

N.J. Admin. Code § 2:76-8.11 Grants to local governments for acquisition of fee simple titles to farmland

(a) Pursuant to N.J.S.A. 13:8C-37a.(2), the Committee may provide grants to local government entities to pay up to 80 percent of the cost of acquisition of fee simple titles to farmland from willing sellers only.

(b) The Committee's grant shall be determined pursuant to N.J.A.C. 2:76-6.1 1(d) based on the cost of the local government's acquisition. Cost is defined as the local government's purchase price or the Committee's certified market value of the fee simple estate, whichever is less. In addition, the Committee may provide a grant for up to 50 percent of the eligible ancillary costs as defined at N.J.A.C. 2:76-6.1 1(d)4.

The Committee may provide a lower pro rata cost share of the cost as determined in (b) above under any of the following circumstances:

i. There are limited funds available;

ii. The certified market value of the fee simple estate exceeds $ 115,000 per acre;

iii. The land is of greater local or regional significance and not of Statewide significance; or

iv. The Committee has already expended the required minimum funds in that particular county pursuant to N.J.S.A. 13:8C-38m for the respective fiscal year.

(c) Any lands acquired in fee simple title by the local government unit shall be offered for resale or lease with agricultural restrictions, as determined by the Committee.

The agricultural restrictions shall be consistent with the restrictions contained at N.J.A.C. 2:76-6.1 5.

(d) Any proceeds received from a resale shall be dedicated for farmland preservation purposes and the Committee's pro rata share, as determined by (b) above, of the proceeds shall be repaid to the Committee by the local government unit and deposited in the Garden State Farmland Preservation Trust Fund or other appropriate farmland preservation fund to be used for the purposes of that fund. Proceeds are defined as the actual gross sales proceeds and shall not include any adjustments for real estate commissions or other costs incurred by the governmental entity associated with the resale of the land.

History

New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).

Subchapter 9 EMERGENCY ACQUISITION OF DEVELOPMENT EASEMENTS

N.J. Admin. Code § 2:76-9.1 Scope

This subchapter sets forth the emergency conditions under which the State Agriculture Development Committee (SADC) may provide up to 100 percent funding for the purchase of development easements on farmland pursuant to N.J.S.A. 4:1C-31(c) -(e) as amended.

N.J. Admin. Code § 2:76-9.2 Emergency purchase conditions

(a) If the SADC determines that there is a substantial likelihood that the use of the land will change from productive agriculture to non-agriculture, the SADC may provide up to 100 percent of the cost of development easements on the following:

On farmland which conforms to the priority criteria set forth in N.J.A.C. 2:76-6 and where the SADC determines that the purchase would be in the interest of the State regardless of whether the respective county agriculture development board (CADB) is willing to provide funds for the purchase.
On farmland which conforms to the priority criteria set forth in N.J.A.C. 2:76-6 and where both the SADC and the respective CADB determines that the purchase is in their respective interests and no county funding is immediately available.

(b) The SADC may require the county to provide additional cost share funds beyond those currently required for future purchases of development easements in the event of the 100 percent SADC funding pursuant to (a)2 above.

Subchapter 10 APPRAISAL HANDBOOK STANDARDS

N.J. Admin. Code § 2:76-10.1 Applicability

This subchapter provides the standards contained in the State Agriculture Development Committee's appraisal handbook for independent professional appraisers to follow when conducting appraisals of farmland for the purpose of acquiring a development easement pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32, as amended.

N.J. Admin. Code § 2:76-10.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agricultural value" means the value of the property based solely on its agricultural productivity which does not take into account alternative uses for the property.

"Agricultural market value" means the market value of property with a present and future highest and best use for agricultural production. This includes consideration of exposure on the market and competition for agricultural property among farmers.

"Appraiser handbook" means a document prepared and adopted by the Committee which identifies the standards for conducting appraisals which shall be available to the boards.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"Committee" means the State Agricultural Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by and acquired under the provisions of N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32, and any relevant rules or regulations promulgated pursuant thereto.

"Exceptions", unless the text indicates otherwise, means portions of the applicant's land holdings which are not to be encumbered by the deed restrictions contained in N.J.A.C. 2:76-6.1 5.

"Hydrologically limited area" means those areas which are designated as freshwater wetlands, transition zones, 100 year flood hazard areas, hydric soils, State open waters, State-owned riparian lands, or otherwise lack or have limited development potential due to excessive water.

"Market value restricted" means the market value of property subject to the deed restrictions placed on the title of the property as set forth in N.J.A.C. 2:76-6.1 5.

"Market value unrestricted" means the market value that a property will bring in the open market under all conditions requisite for a fair sale and which value includes all rights of fee simple ownership.

"Subject property" means the property being considered for the purchase of a development easement.

N.J. Admin. Code § 2:76-10.3 Appraisal report format

(a) The appraisal reports prepared by the independent appraiser pursuant to N.J.S.A. 2:76-6.7 shall follow the following format:

Summary;
General information;
Property valuation before development easement acquisition (market value unrestricted);
Property valuation after development easement acquisition (market value restricted);
Final estimate of development easement value; and
Addendum.

(b) The requirements for each section of the appraisal reports are described in N.J.A.C. 2:76-10.4 through 10.9.

N.J. Admin. Code § 2:76-10.4 Summary

(a) The summary section of the appraisal report shall contain the following:

A letter of transmittal which shall include the development easement value expressed as a per acre value and a total value;
A certification of appraisal which shall include the market value unrestricted, market value restricted, development easement value, date of valuation and the signature of the appraiser responsible for the report;
A summary of salient facts and important conclusions which shall include any other information which the appraiser deems relevant. The format shall conform with the sample, Appendix A of this subchapter, incorporated herein by reference; and
A table of contents which shall include the topic listings contained in the appraisal report with corresponding page numbers. The format shall conform with the sample, Appendix B of this subchapter, incorporated herein by reference.

N.J. Admin. Code § 2:76-10.5 General information

(a) The general information section of the appraisal report shall contain the following:

The purpose of the appraisal which estimates the market value of the development easement on the subject property as restricted pursuant to N.J.A.C. 2:76-6.1 5;
A statement of the rights being valued:

i. Market value unrestricted;

ii. Market value restricted; and

iii. Development easement value;

A section defining the legal and technical terms of the report;
Any assumptions and limiting conditions;
A section identifying the subject property by municipal tax map block and lot or other means. The subject property and its current use shall be briefly described;
Zoning and assessment information; and
Information detailing community and neighborhood data. This shall include, but not be limited to, the character of the community, land use trends, degree of development pressure in the area and any other information which may impact the market value unrestricted.

(b) Appraisers shall apply the valuation procedure set forth in N.J.S.A. 13:8C-38j to land the owner of which is:

The same person who owned the lands on the date of enactment of P.L. 2004, c. 120 (August 10, 2004) and who has owned the lands continuously since that enactment date;
An immediate family member of that person, defined as a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether the individual is related by blood, marriage, or adoption; or

A farmer as defined in (c) below.

(c) Farmer means an owner or operator of a farming operation who during the calendar year immediately preceding submittal of a farmland preservation application, realized gross sales of at least $2,500 of agricultural or horticultural products produced on the farming operation exclusive of any income received for rental of lands.

Documentation to be provided by the farmland preservation applicant shall include, but not be limited to, sales receipts and Federal tax forms.

(d) A governmental unit or a qualifying tax-exempt nonprofit organization shall be eligible for the appraisal valuation procedure set forth in N.J.S.A. 13:8C-38j provided that it:

Acquired land or an interest in land or is a contract purchaser to acquire land or an interest in land, for farmland preservation purposes pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., and the Garden State Preservation Trust Act, N.J.S.A. 13:8C-1 et seq.;
Submitted a farmland preservation application to the Committee for a grant pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., and the Garden State Preservation Trust Act, N.J.S.A. 13:8C-1 et seq., within three years of the date of acquisition of the land or interest in land; and
Acquired the land or interest in land from a farmer as defined in (c) above.

(e) If an owner of land who meets the definition of farmer in (c) above transferred ownership to a business entity, such as a corporation, limited liability company, partnership, or trust, after the date of enactment of P.L. 2004, c. 120 (August 10, 2004), the new owner shall be eligible for the valuation procedure set forth in N.J.S.A. 13:8C-38j provided that the transferring owner, or an immediate family member of the owner, as defined in (b)2 above, continues to hold an interest in the business entity or trust, and further provided that the business entity or trust meets the gross sales criteria of (c) above in the calendar year immediately preceding submittal of a farmland preservation application.

Documentation to be provided by the farmland preservation applicant shall include, but not be limited to, deeds of ownership or other official documentation showing that the original owner has an interest in the business entity or trust, and sales receipts and Federal tax forms showing that both the transferring owner and the business entity or trust meet the definition of farmer in (c) above.

(f) If the ownership of land has been transferred from a person who meets the definition of farmer in (c) above to an estate after the date of enactment of P.L. 2004, c. 120 (August 10, 2004), the estate shall be eligible for the valuation procedure set forth in N.J.S.A. 13:8C-38j.

Documentation to be provided by the farmland preservation applicant shall include, but not be limited to, deeds of ownership or other official documentation verifying the estate's ownership of the land, and sales receipts and Federal tax forms providing proof that the original owner was a farmer as defined in (c) above.

(g) The landowner shall submit all required documentation set forth in (c) through (e) above to: the appropriate Board if it has submitted a farmland preservation application to the Board; to the Committee, if it has submitted a farmland preservation application to the Committee; to a municipal governing body, if it has submitted a farmland preservation to the municipal governing body; and to a non-profit organization, if it has submitted a farmland preservation application to a non-profit organization which intends to apply to the Committee for a grant.

If a Board received the farmland preservation application, it shall determine if the landowner is eligible for the valuation procedure set forth in N.J.S.A. 13:8C-38j based on the documentation submitted by the landowner.

i. The Board shall advise the appraisers regarding whether an individual property is eligible for the valuation procedure set forth in N.J.S.A. 13:8C-38j.

If the Committee received the farmland preservation application, it shall determine if the landowner is eligible for the valuation procedure set forth in N.J.S.A. 13:8C-38j based on the documentation submitted by the landowner.

i. The Committee shall advise the appraisers regarding whether an individual property is eligible for the valuation procedure set forth in N.J.S.A. 13:8C-38j.

If a municipal governing body received the farmland preservation application and has applied to the Committee for a planning incentive grant pursuant to N.J.S.A. 4:1C-43.1, it shall forward the documentation set forth in (c) through (e) above to the Committee.

i. The Committee shall determine whether an individual property is eligible for the valuation procedure set forth in N.J.S.A. 13:8C-38j and shall advise the municipal governing body to notify its appraisers of the Committee's determination.

If a non-profit organization received the farmland preservation application and applies to the Committee for a grant, it shall forward the documentation set forth in (c) through (e) above to the Committee.

i. The Committee shall determine whether an individual property is eligible for the valuation procedure set forth in N.J.S.A. 13:8C-38j and shall advise the non-profit organization to notify its appraisers of the Committee's determination.

History

Amended by R.2005 d.361, effective 11/7/2005.
See: 37 New Jersey Register 2310(b), 37 New Jersey Register 4215(a).
Added (b)-(g).

N.J. Admin. Code § 2:76-10.6 Property valuation before development easement acquisition (market value unrestricted)

(a) The property valuation before development easement acquisition (market value unrestricted) section of the appraisal report shall contain the following:

A description of the subject property including all physical attributes and improvements which shall include, but not be limited to:

i. A discussion of the topography, soil characteristics, hydrologically limited areas, state owned or privately held riparian lands, frontage, configuration, dwellings, outbuildings and other appropriate characteristics;

ii. Any rejected, approved, or pending subdivision plans;

iii. Any exceptions to the subject property. (The appraiser shall incorporate the effect of the value of exceptions into the valuation); and

iv. The estimated acreage of hydrologically limited areas.

(b) A detailed discussion of the subject property's highest and best use based upon its characteristics as set forth in this section.

(c) A determination of the subject property's market value unrestricted. The appraiser shall consider the effect of building and improvements when conducting the valuation, but only the market value of the land is required to be identified.

The appraiser shall consider the direct sales comparison method of valuation which shall be based on a comparison of the relevant vacant acreage sales to the subject property. At a minimum, the report shall address the following:

i. Grantor/grantee;

ii. Deed date/recording date;

iii. Deed book and page;

iv. Sale price;

v. Property size;

vi. Location, block and lot;

vii. Soil types/percent tillable soils;

viii. Frontage/access;

ix. Conditions of sale;

x. Color photograph(s);

xi. Improvements;

xii. Utilities;

xiii. Easements;

xiv. Verification; and

xv. Legible copy of subject tax map.

The appraiser shall adjust the comparable sales to include salient characteristics in the market which may include, but not be limited to the following: soil characteristics, zoning, topography, hydrologically limited areas, riparian lands (state owned or privately held), date of sale and financing.

i. The appraiser shall provide a land sale comparative rating grid in conformance with the sample, Appendix C of this subchapter, incorporated herein by reference.

ii. The final estimate of value shall be expressed as a per acre figure and a total value for the property.

In addition, the appraiser may consider the following methods of valuation:

i. Subdivision method;

ii. Income capitalization method; and

iii. Cost method.

The appraiser shall provide a value conclusion which identifies the final market value unrestricted for the subject property and discuss how the conclusion was determined.

History

Amended by R.2003 d.208, effective 5/19/2003.
See: 35 New Jersey Register 379(a), 35 New Jersey Register 2176(a).
In (a)1, deleted existing iii and recodified existing iv through v as iii through iv.

N.J. Admin. Code § 2:76-10.7 Property valuation after development easement acquisition (market value restricted)

(a) The property valuation after development easement acquisition (market value restricted) section of the appraisal report shall contain the following:

A description of the subject property in conformance with N.J.A.C. 2:76-10.6(a)1. In addition, an evaluation of the deed restrictions contained in N.J.A.C. 2:76-6.1 5 and their effect on the subject property, the subject property's adaptability for agricultural use or other uses which are not in conflict with the deed restrictions, soils and their productivity and other items which are significant to the valuation of the subject property;
A detailed description of the subject property's highest and best use as encumbered by the deed restrictions. The highest and best use analysis shall consider the following:

i. The legality of possible use;

ii. The physical possibility of use;

iii. The probability or likelihood of use; and

iv. The economic feasibility of use.

A determination of the subject property's market value restricted. The appraiser shall consider the effect of buildings and improvements when conducting the valuation, but only the market value of the land is required to be identified.

i. The appraiser shall consider the direct sales comparison method of valuation which shall be based on a comparison of the relevant vacant acreage sales to the subject property as encumbered by the deed restrictions. The appraiser shall consider the following types of land sales;

(1) Deed restricted properties;

(2) Physically limited properties;

(3) Flood plain;

(4) Low development pressure; and

(5) Development easements.

ii. The appraiser shall adjust the comparable sales to include, but not be limited to, the following: soil characteristics, zoning, hydrologically limited areas, date of sale, financing, and residential opportunities.

(1) The appraiser shall consider the effect of residential opportunities, including an existing residential unit, an exception, which is not encumbered by the deed restrictions, or a residual dwelling site opportunity allocated to the subject property pursuant to N.J.A.C. 2:76-6.1 7, if appropriate, and any other improvements when conducting the valuation, but only the market value of the land is required to be identified.

(2) The appraiser shall determine if there is an increment of value attributed to the land that is independent of the actual value of the improvement.

(3) The appraiser shall provide a land sale comparative rating grid in conformance with the sample in Appendix C.

(4) The final estimate of value shall be expressed as a per acre value and a total value for the property.

iii. In addition, the appraiser may consider the following methods of valuation:

(1) Income capitalization; and

(2) Cost approach.

History

Amended by R.2003 d.208, effective 5/19/2003.
See: 35 New Jersey Register 379(a), 35 New Jersey Register 2176(a).
In (a)3ii, added new (1) and (2) and recodified existing (1) and (2) as (3) and (4).

N.J. Admin. Code § 2:76-10.8 Final estimate of development easement value

(a) The final estimate of development easement value section of the appraisal report shall contain the following:

The estimated development easement value which is arrived at by the difference between the market value unrestricted and the market value restricted and reported as a per acre value and total value of the property;
A discussion of the rights represented by the value conclusion and resultant changes in the highest and best use of the unrestricted versus the restricted property; and
A summary of the major points of the report which support the final estimate of value.

N.J. Admin. Code § 2:76-10.9 Addendum

(a) The addendum section of the appraisal report shall contain the following:

A subject property location map;
A subject property tax map or survey;
Soils/flood/topographic maps;
A study of hydrologically limited areas (if appropriate);

Subject property photos (color);

Reference materials, studies, articles, or other data considered important;

Development easement deed restrictions; and
The appraiser's qualifications.

Subchapter 11 COMMITTEE ACQUISITION OF FARMLAND DEVELOPMENT EASEMENTS

N.J. Admin. Code § 2:76-11.1 Applicability

This subchapter applies to transactions in which the State Agriculture Development Committee purchases development easements on farmland pursuant to the Garden State Preservation Trust Act, P.L. 1999, c. 152. In order to receive the priority consideration contained in N.J.A.C. 2:76-8.5, the landowner must be an established farmer as defined in 7 C.F.R. § 1945.154. In order to receive the priority an applicant who conducts the farming operation as an individual must manage the farming operation. If the applicant is another entity, at least one stockholder, member, partner or joint operator must manage the farming operation.

N.J. Admin. Code § 2:76-11.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Development easement" means an interest in land, less than fee simple title thereto, which interest represents the right to develop that land for all nonagricultural purposes and which interest may be transferred under laws authorizing the transfer of development potential.

"Farmland" means land identified as having prime or unique soils as classified by the Natural Resource Conservation Service in the United States Department of Agriculture, having soils of Statewide importance according to criteria adopted by the State Soil Conservation Committee, established pursuant to N.J.S.A. 4:24-3, or having soils of local importance as identified by local soil conservation districts, and which land qualifies for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c.48 (N.J.S.A. 54:4-23.1 et seq.), and any other land on the farm that is necessary to accommodate farm practices as determined by the State Agriculture Development Committee.

"Farmland preservation," "farmland preservation purposes" or "preservation of farmland" means the permanent preservation of farmland to support agricultural or horticultural production as the first priority use of that land.

"120-day commitment letter" means a document prepared by the committee and signed by the landowner and committee that requires the landowner to refrain from entering into any option agreement, contract of sale, or any other agreement affecting title to the subject farm for a period of 120 days during which time the Committee shall hire two independent appraisers to appraise the subject farm.

"Quality score" means the Committee's numeric total derived from the application of the criteria for evaluating a development easement application contained in N.J.A.C. 2:76-6.1 6.

History

Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Added definitions "120-day commitment letter" and "Quality score".

N.J. Admin. Code § 2:76-11.3 Landowner offer

(a) An owner of farmland may offer to sell to the Committee a development easement on the farmland at a price which, in the opinion of the landowner, represents the fair market value of the development easement.

(b) The Committee shall forward copies of the offer to the respective board and municipality.

N.J. Admin. Code § 2:76-11.4 Board and municipal comments

The respective board and municipality may submit comments regarding the pending offer to the Committee within 30 days of the date of application.

N.J. Admin. Code § 2:76-11.5 Committee evaluation

(a) In determining the suitability of the purchase of development easements on farmland, the committee shall consider the criteria set forth in N.J.S.A. 4:1C-31 and any comments of the respective board and municipality.

(b) In addition to the factors set forth in (a) above, the committee shall utilize the same criteria utilized for the evaluation of applications for development easement purchase set forth in N.J.A.C. 2:76-6.1 6, the criteria contained in N.J.A.C. 2:76-6.2 0 and the prioritization criteria set forth in (c), (d) and (e) below.

(c) An application received by the Committee that satisfies the minimum eligibility criteria contained at N.J.A.C. 2:76-6.2 0 and evaluated pursuant to N.J.A.C. 2:76-6.1 6 shall be prioritized as follows:

"Priority farm": meets or exceeds both 75 percent of the average farm size in the county in which it is located and its quality score is at least 90 percent of the average quality score in the county in which it is located.

"Other farm": does not meet the criteria for "priority" or "alternate" farms.

(d) Average farm size in a county shall be determined based on the average farm size of farms using the 2002 US Census data, incorporated herein by reference, as amended and supplemented.

History

Amended by R.2000 d.98, effective 3/6/2000.
See: 31 N.J.R. 3880(a), 32 N.J.R. 788(a).
Inserted a new (d); and recodified former (d) as (e).
Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
In (b), inserted ", the criteria contained in N.J.A.C. 2:76-6.20 and the prioritization criteria set forth in (c), (d) and (e) below"; and rewrote (c) through (e).

N.J. Admin. Code § 2:76-11.6 Committee action

(a) An application that receives a "priority" ranking pursuant to N.J.A.C. 2:76-11.5(b) shall proceed as follows:

The Committee shall consider if it has expended the required minimum funds in that particular county pursuant to N.J.S.A. 13:8C-38m for the respective fiscal year and available funds.
If a determination pursuant to (a)1 above is to proceed with the application, the landowner shall be notified in writing of its application status and requested to enter into a 120-day commitment letter with the Committee.
Upon execution of the 120-day commitment letter, the application shall proceed to the appraisal process set forth at N.J.A.C. 2:76-11.7.

(b) An application that receives an "alternate" ranking pursuant to N.J.A.C. 2:76-11.5(b) shall proceed as follows:

The landowner shall be notified in writing of its application status and informed that no immediate action shall be taken until such time that the Committee determines the following:

i. There are no "priority" ranked applications received at least 120-days prior to the end of the fiscal year that have not already been accepted for processing;

ii. The Committee has not expended the required minimum funds in that particular county pursuant to N.J.S.A. 13:8C-38m for the respective fiscal year; and

iii. Consideration of geographic distribution of funds authorized pursuant to N.J.S.A. 13:8C-38b.

The Committee may authorize the execution of the 120-day commitment letter, provided that the conditions in (b)1 above have been satisfied.
Upon execution of the 120-day commitment letter, the application shall proceed to the appraisal process described pursuant to N.J.A.C. 2:76-11.7.

The landowner shall be notified in writing of its application status and informed that the Committee will not take action until such time as it determines the following:

i. There are no "priority" or "alternate" ranked applications received at least 120-days prior to the end of the fiscal year that have not already been accepted for processing;

ii. The Committee has not expended the required minimum funds in that particular county pursuant to N.J.S.A. 13:8C-38m for the respective fiscal year; and

iii. The action will promote the geographic distribution of funds pursuant to N.J.S.A. 13:8C-38b.

The Committee may proceed to authorize the execution of the 120-day commitment letter, provided that the conditions in (c)1 above have been satisfied.

Upon execution of the 120-day commitment letter, the application shall proceed to the appraisal process described pursuant to N.J.A.C. 2:76-11.7.

History

Repeal and New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Section was "Yield determination and recordkeeping".

N.J. Admin. Code § 2:76-11.7 Appraisals

(a) For each application that has been authorized pursuant to N.J.A.C. 2:76-11.6 to proceed to the appraisal process, the Committee shall select two independent appraisers on the list of appraisers approved by the Committee pursuant to N.J.A.C. 2:76-6.2 2 to perform appraisals to determine a development easement value on the offered farmland.

(b) Appraisals to determine the market value of the development easement shall be conducted consistent with the process set forth in subsection c of section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-31), sections 38(e), (g), (i) and (j) of the Garden State Preservation Trust Act, P.L. 1999, c. 152, and N.J.A.C. 2:76-10.

History

Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Rewrote (a) and (b); and deleted (d).

N.J. Admin. Code § 2:76-11.8 Committee approval of development easement value

(a) The Committee shall appoint a review appraiser to evaluate the two independent appraisals and establish a recommended market value of the development easement.

The review shall be done to ensure compliance with the appraisal handbook standards at N.J.A.C. 2:76-10 and generally recognized appraisal practices.
The recommended market value of the development easement shall not be greater than the highest independent appraised value of the development easement or less than the lowest independent appraised value of the development easement.

(b) The Committee shall have final authority for certifying the market value for the development easement.

The certified market value of the development easement shall not be greater than the highest independent appraised value of the development easement or less than the lowest independent appraised value of the development easement.

If an appraisal is found to be invalid, the Committee may request the selection of a new independent appraiser pursuant to N.J.A.C. 2:76-11.7.

(d) The Committee shall authorize staff to negotiate the purchase of a development easement pursuant to N.J.A.C. 2:76-11.9.

History

New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Former N.J.A.C. 2:76-11.8, Final Committee action, recodified to N.J.A.C. 2:76-11.10.

N.J. Admin. Code § 2:76-11.9 Negotiation of offer

(a) The Committee shall authorize staff to negotiate the purchase of a development easement with the owner not to exceed the certified market value of the development easement certified by the Committee pursuant to N.J.A.C. 2:76-11.8.

A landowner may voluntarily accept a development easement value that is less than the lowest market value of the development easement as determined pursuant to N.J.A.C. 2:76-11.8.
In the event that the development easement is owned by a governmental entity, the Committee's offer for the purchase of the development easement shall not exceed the Committee's cost share determined pursuant to N.J.A.C. 2:76-6.1 1(d).

(b) Upon the owner's acceptance of a development easement value, the Committee shall conduct a final review pursuant to N.J.A.C. 2:76-11.1 0.

History

New Rule, R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).

N.J. Admin. Code § 2:76-11.10 Final Committee action

(a) Upon identification to the Committee of the development easement value negotiated with a landowner other than a government entity pursuant to N.J.A.C. 2:76-11.9, the Committee shall ensure compliance with the provisions of this subchapter and if all requirements are satisfied, grant final approval of the purchase of the development easement subject to the following:

Available funds; and
Execution of an agreement between the owner of the development easement and Committee.

i. The Committee may condition its approval on a local government or nonprofit organization contributing a portion of the cost of acquiring the development easement if the preservation of the farmland is of significant local or regional importance or if the Committee has insufficient funds to pay 100 percent of the acquisition cost.

(b) Upon identification to the Committee of the development easement value negotiated with a government entity pursuant to N.J.A.C. 2:76-11.9, the Committee shall ensure compliance with the provisions of this subchapter and if all requirements are satisfied, grant final approval of the purchase of the development easement subject to the following:

Available funds;
The provisions at N.J.A.C. 2:76-6.1 1(d); and
Execution of an agreement between the government entity owning the development easement and Committee.

History

Recodified from N.J.A.C. 2:76-11.8 and amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Rewrote the section.

Subchapter 12 NONPROFIT ACQUISITION PROJECTS: PROJECT ELIGIBILITY, CONDITIONS AND LIMITATIONS

N.J. Admin. Code § 2:76-12.1 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agricultural use" means the use of the land for common farmsite activities including, but not limited to: production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Development easement" means an interest in land, less than fee simple absolute title thereto, which interest represents the right to develop that land for all nonagricultural purposes and which interest may be transferred under laws authorizing the transfer of development potential.

"Farmland" means land identified as having prime or unique soils as classified by the Natural Resources Conservation Service in the United States Department of Agriculture, having soils of Statewide importance according to criteria adopted by the State Soil Conservation Committee, established pursuant to N.J.S.A. 4:24-3, or having soils of local importance as identified by local soil conservation districts, and which land qualifies for differential property taxation pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c.48 (N.J.S.A. 54:4-23.1 et seq.), and any other land on the farm that is necessary to accommodate farm practices as determined by the State Agriculture Development Committee.

"Garden State Preservation Trust" means the Garden State Farmland Preservation Trust established pursuant to section 20 of the Garden State Preservation Trust Act, N.J.S.A. 13:8C-1 et seq., P.L. 1999, c. 152.

"Nonprofit" means a nonprofit organization that is exempt from Federal taxation pursuant to section 501(c)(3) of the Federal Internal Revenue Code, 26 U.S.C. § 501(c)(3), and which qualifies for a grant pursuant to the Garden State Preservation Trust Act, N.J.S.A. 13:8C-42, P.L. 1999, c. 152.

N.J. Admin. Code § 2:76-12.2 General provisions

(a) The Committee may provide a grant to a nonprofit for up to 50 percent of the cost of acquisition of development easements on farmland or up to 50 percent of the cost of acquisition of fee simple titles to farmland from willing sellers.

(b) The Committee shall establish a maximum funding limit per project or per applicant based on available funds and project priorities established pursuant to criteria contained at N.J.A.C. 2:76-6.1 6. There is no minimum or maximum grant request amount. Any funding awarded by the Committee is subject to approval by the Garden State Preservation Trust and legislative appropriation.

(c) A nonprofit may use as its matching share of the cost of acquisition its own funds or a donation of all or a portion of the eligible development easement cost or fee simple acquisition of the land cost of the project site.

(d) A nonprofit shall not use as its matching share of the cost of acquisition either:

The value of lands that the nonprofit owns at the time of application for Committee funding;

The value of lands that were acquired with funds obtained under the Committee or any other State grant or loan program for the purpose of acquiring land; or
Funds obtained under the Committee or any other State grant or loan program for the purpose of acquiring a development easement on farmland or fee simple title to farmland.

(e) If the value of the donated land that the nonprofit uses as its matching share exceeds 50 percent of the cost of acquisition, the Committee shall reduce the amount of the funding it provides by the amount by which the donation exceeds 50 percent of the cost of acquisition.

(f) The nonprofit is responsible for meeting all requirements of all Committee rules, other State statutes, Federal statutes, and local ordinances, as applicable.

N.J. Admin. Code § 2:76-12.3 Eligible projects

The purchase of development easements on farmland or the purchase of fee simple title to farmland, pursuant to N.J.S.A. 13:8C-39, are eligible for acquisition with Committee funding, subject to N.J.A.C. 2:76-12.4 and the criteria contained at N.J.A.C. 2:76-6.2 0.

History

Amended by R.2007 d.197, effective 7/2/2007.
See: 38 N.J.R. 4929(a), 39 N.J.R. 2483(a).
Inserted "and the criteria contained at N.J.A.C. 2:76-6.20".

N.J. Admin. Code § 2:76-12.4 Ineligible projects

(a) The following acquisition projects are not eligible for Committee funding:

Any lands not located in an agricultural development area;
Any lands which do not qualify for differential property tax assessment pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.;
Any lands which are permanently restricted by an easement which is not consistent with N.J.A.C. 2:76-6.1 5, unless approved by the Committee;
Any land that is, or is intended to be, used for other than an agricultural use as defined at N.J.A.C. 2:76-12.1;
Any lands or development easement that was acquired prior to the enactment of the Garden State Preservation Trust Act, N.J.S.A. 13:8C-1 et seq., P.L. 1999, c. 152; and
Any lands or development easement that was held by the nonprofit for more than three years.

N.J. Admin. Code § 2:76-12.5 Donations toward the cost of acquisition

(a) The Committee shall not treat as a donation any donation accepted prior to approval of an application for Committee funding under N.J.A.C. 2:76-13.4, unless approved by the Committee.

(b) The Committee shall not treat as a donation any donation of land which is not part of the approved project.

(c) The Committee shall not treat as a donation the reduction in the cost of acquisition resulting from negotiation between the nonprofit and the property owner, unless approved by the Committee.

N.J. Admin. Code § 2:76-12.6 Allowable project costs

(a) The following costs are allowable, provided the costs are incurred in conformance with all applicable laws:

Costs which the nonprofit incurs to acquire farmland in fee simple title or to acquire a development easement based on the Committee's approved grant;
Costs which the nonprofit incurs for any appraisal obtained in accordance with N.J.A.C. 2:76-13.5;
Costs which the nonprofit incurs for surveys necessary for the acquisition of a development easement or the acquisition of fee simple title to farmland; and
Costs which the nonprofit incurs for obtaining a title search and title insurance.

(b) The following costs are not allowable:

Administrative, legal and operating costs related to the acquisition;

Salaries and/or wages of employees of the nonprofit;

Real property taxes; and
Costs associated with an application for Committee funding that is not approved under N.J.A.C. 2:76-13.4.

Subchapter 13 NONPROFIT ACQUISITION PROJECTS: APPLICATION PROCESS

N.J. Admin. Code § 2:76-13.1 Timing

A nonprofit may submit an application for Committee funding within 90 days after the date of publication of a notice of availability of grant funds in the New Jersey Register.

N.J. Admin. Code § 2:76-13.2 Pre-application procedures

(a) The Committee encourages nonprofits to request a pre-application conference with the Committee as early as possible, prior to application submission, to discuss project eligibility, award criteria and application requirements.

(b) A nonprofit that enters into a purchase or option contract with an owner of land prior to receiving Committee approval is not precluded from submitting an application to the Committee, but shall proceed at its own risk.

N.J. Admin. Code § 2:76-13.3 Application requirements

(a) A nonprofit shall submit an application containing all of the following:

A completed application form, provided by the Committee, that identifies the nonprofit; lists the project location; contains a brief description of the project and an estimate of the funding request amount; identifies the nonprofit's contact person for the project; and contains the certification of the person authorized by the enabling resolution required under (a)2 below to submit the application.

i. The nonprofit shall base the estimated funding request amount on the present market value or anticipated purchase price of the project site and not solely on the tax assessed value of the project site. The nonprofit shall include estimated survey, appraisal, and preliminary assessment costs, and estimated costs of building demolition, if applicable;

A certified copy of the enabling resolution, authorizing the submission of a Committee application and authorizing a person to execute the project agreement described in N.J.A.C. 2:76-16.1(a);
A narrative description of the extent to which the project meets the award criteria under N.J.A.C. 2:76-14.1;
A copy of the deed restrictions to be placed on the land;
A project reference map with dimensions of at least 22 inches by 36 inches and containing the following information:

i. The project name and location;

ii. The parcel number as assigned by the nonprofit to each adjacent group of lots with one owner. Lots under a single ownership that are physically separated must be assigned individual parcel numbers;

iii. The lot and block numbers and municipality(ies) in which the proposed project site is located;

iv. The owner(s) of record as of the date of application submission;

v. The area of project site, in acreage;

vi. The dimensions of each lot marked on each perimeter boundary;

vii. Improvements shown in approximate location on lots;

viii. If the acquisition of part of a lot is proposed, both the area of the part to be acquired and the area of the remainder must be denoted;

ix. The name and block and lot identification of adjacent landowner(s);

x. The scale of map proportional to the size of the project site so as to allow an appraiser to prepare an accurate appraisal;

xi. An arrow indicating north;

xii. The location and area of all known existing easements, road rights-of-way, and similar features, with source of such information identified;

xiii. The location and area of tidelands, as determined from New Jersey Tidelands claims maps, conveyance overlays, and atlas sheets;

xiv. The location and area of flood plain, as shown on the New Jersey State Flood Hazard Area maps prepared under the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.;

xv. The location and area of coastal wetlands, as shown on maps prepared by the Department under the Wetlands Act of 1970, N.J.S.A. 13:9A-1 et seq.; and

xvi. The location and area of freshwater wetlands, as determined from:

(1) A wetlands delineation, if one exists, verified by the Department's Land Use Regulation Program or its successor;

(2) Freshwater wetlands maps prepared by the Department under the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq., if they exist; or

(3) If the document listed under (a)4xvi(1) and (2) above do not exist, U.S. Fish and Wildlife Service National Wetlands Inventory (NWI) maps, in conjunction with County Soil Surveys published by the U.S. Department of Agriculture;

A street map which clearly indicates the location of the project site;
A copy of the affidavit of publication of the newspaper notice required under (b) below;
Photographic slides and/or prints that clearly show the existing conditions at the proposed project site; and
A local tax map that indicates the lots and blocks to be acquired.

(b) Within 90 days of submitting the application to the Committee, the nonprofit shall publish a notice in the official newspaper of the municipality in which the proposed project is located that the application for Committee funding has been submitted and is available for review at the Committee office. The nonprofit shall also send the notice to the governing body of the municipality or municipalities in which the proposed project or projects are located and to the County Agriculture Development Board.

Any comments received by the nonprofit shall be forwarded to the Committee.

(d) A nonprofit that has submitted an application shall monitor and immediately notify the Committee of any pending or proposed actions or events affecting the project site. The nonprofit shall also immediately notify the Committee of any fires, demolitions, floods, natural disasters, donations, easements, leases, survey discrepancies, or changes in ownership of the project site.

N.J. Admin. Code § 2:76-13.4 Approval or denial of application; award of funding; procedural letter

(a) Upon receipt of an application containing all the information required under N.J.A.C. 2:76-13.3, the Committee shall determine if the project is eligible for funding in accordance with the requirements of N.J.A.C. 2:76-12.3, and, based on the preliminary ranking of the project under N.J.A.C. 2:76-6.1 6, the Committee shall approve or deny the application.

(b) If the application is approved, the Committee shall notify the nonprofit in writing of the amount of the Committee's funding award.

(d) After the notification of the funding award under (b) above, the Committee shall send the nonprofit a procedural letter that directs the nonprofit to:

Obtain and submit to the Committee the appraisals required under N.J.A.C. 2:76-13.5; and

For lands to be acquired in fee simple title, obtain a preliminary assessment of the project site and submit to the Committee the preliminary assessment report. Upon receipt of the preliminary assessment report, the Committee shall determine if the report contains the information required under the Technical Requirements for Site Remediation, N.J.A.C. 7:26E, and shall notify the nonprofit as follows:

i. If the preliminary assessment report does not contain the required information, the Committee shall send the nonprofit a deficiency letter identifying the information that must be submitted. The nonprofit shall submit the information by the date specified in the letter.

ii. If the preliminary assessment report contains the required information and does not identify any areas of concern, as defined under the Technical Requirements for Site Remediation, the Committee shall send the nonprofit a letter acknowledging the sufficiency of the preliminary assessment report. The chief executive officer of the nonprofit shall certify, on a form provided by the Committee with the sufficiency letter, that the nonprofit has reviewed the preliminary assessment report and determined to proceed with the acquisition of the project site. The nonprofit shall return the certification to the Committee within 30 days of the date of the sufficiency letter.

iii. If the preliminary assessment report contains the required information and identifies one or more areas of concern, as defined under the Technical Requirements for Site Remediation, the Committee shall send a letter notifying the nonprofit that the areas of concern must be addressed to the Committee's satisfaction before the nonprofit acquires the project site.

N.J. Admin. Code § 2:76-13.5 Appraisal procedures

(a) The nonprofit shall obtain two appraisals as follows:

The nonprofit shall request a meeting with Committee staff to discuss the selection and hiring of two appraisers and the scope of work;
The nonprofit shall select two appraisers from the list of appraisers adopted by the Committee pursuant to N.J.A.C. 2:76-6.7 to conduct independent appraisals to determine the fair market value of the development easement or fair market value of the fee simple estate;

All appraisals shall be prepared pursuant to the Garden State Preservation Trust Act, N.J.S.A. 13:8C-38, P.L. 1999, c. 152, the Committee's Appraisal Handbook Standards at N.J.A.C. 2:76-10 and the Committee's Appraisal Handbook;

The nonprofit shall request a meeting with Committee staff and the appraisers to discuss the scope of work and to visit the project site, prior to starting the appraisal(s); and

The nonprofit shall submit to the Committee one copy of each completed appraisal.

(b) The nonprofit shall immediately submit to the Committee, in writing, any information it has which could affect the appraised value of the project site.

Subchapter 14 NONPROFIT ACQUISITION PROJECTS: AWARD CRITERIA

N.J. Admin. Code § 2:76-14.1 Project award criteria

The Committee shall rank an application after it has received the application under N.J.A.C. 2:76-13.3 according to the criteria contained at N.J.A.C. 2:76-6.1 6.

Subchapter 15 NONPROFIT ACQUISITION PROJECTS: DETERMINATION OF ELIGIBLE LAND COST

N.J. Admin. Code § 2:76-15.1 Determination of eligible land cost

(a) The Committee shall determine the sufficiency of any appraisals submitted under N.J.A.C. 2:76-13.5 and shall notify the nonprofit in writing of any deficiencies that prevent a certification of fair market value of the development easement or the fair market value of the fee simple estate.

(b) The Committee shall determine the eligible land cost for each parcel within a project site as follows:

If the difference between the two appraisal values is greater than 10 percent of the higher appraisal value, the eligible land cost shall be determined based upon the following:

i. The Committee shall appoint a review appraiser to evaluate the appraisals submitted by the nonprofit to recommend a fair market value pursuant to the appraisal handbook standards at N.J.A.C. 2:76-10. The Committee shall have final authority for certifying the fair market value of the development easement or fair market value of the fee simple estate.

If two appraisals have been obtained on a parcel, and the difference between the two appraisal values is 10 percent of the higher appraisal value or less, the eligible land cost shall be the average of the appraisal values. The nonprofit may, however, request that the Committee provide a certified fair market value, in which case the eligible land cost shall be that certified fair market value.

i. The Committee reserves the right to appoint a review appraiser to evaluate the appraisals submitted by the nonprofit to recommend a fair market value pursuant to the appraisal handbook standards at N.J.A.C. 2:76-10. The Committee shall have final authority for certifying the fair market value of the development easement or fair market value of the fee simple estate.

(c) The Committee shall send to the nonprofit a copy of the certification report and statement of the eligible land cost for review and acceptance in accordance with N.J.A.C. 2:76-15.1.

The Committee reserves the right to negotiate an offer price for less than the certified fair market value.

(d) If the survey of a parcel submitted with an advance payment or reimbursement request under N.J.A.C. 2:76-16.3(c) shows an acreage total different from the acreage total shown in the statement of eligible land cost or negotiated offer, the Committee shall notify the nonprofit or appraiser(s), request an adjusted market value determination, if needed, and revise accordingly the eligible land cost or negotiated offer to reflect the actual acreage of the parcel.

N.J. Admin. Code § 2:76-15.2 Acceptance of eligible land cost

(a) Within 60 days after the nonprofit receives from the Committee the statement of eligible land cost or negotiated offer pursuant to N.J.A.C. 2:76-15.1, the nonprofit shall submit to the Committee a letter stating that the nonprofit has reviewed and accepts the eligible land cost or negotiated offer of the parcel and that the nonprofit has the ability and intention to finance the cost of the parcel, should such cost exceed the amount of Committee funding.

(b) Receipt by the Committee of the letter submitted under (a) above constitutes the nonprofit's acceptance of the eligible land cost or Committee's negotiated offer.

N.J. Admin. Code § 2:76-15.3 Supplemental funding

(a) A nonprofit may request, in writing, supplemental funding for a project if it has accepted the eligible land cost under N.J.A.C. 2:76-15.2 and if the eligible land cost exceeds the grant amount awarded under N.J.A.C. 2:76-13.4.

(b) Provided sufficient funds are available, the Committee shall increase the amount of funding for a project in response to a request submitted under (a) above to cover 50 percent of the eligible land cost, development easement costs, or negotiated offer and allowable costs under N.J.A.C. 2:76-12.6.

(c) The Committee and the nonprofit shall execute an amendment to the project agreement in accordance with N.J.A.C. 2:76-16.1 to reflect any supplemental funding provided under this section.

Subchapter 16 NONPROFIT ACQUISITION PROJECTS: PROJECT AGREEMENT, NEGOTIATIONS FOR PURCHASE OF PROJECT SITE, DISBURSEMENTS, ACCOUNTING AND RECORDKEEPING REQUIREMENTS

N.J. Admin. Code § 2:76-16.1 Project agreement

(a) The Committee shall send the project agreement to the nonprofit. The nonprofit shall ensure that the project agreement is approved and signed by the nonprofit's attorney, and executed by the person authorized under the resolution described at N.J.A.C. 2:76-13.3(a)2. The project agreement shall contain:

An identification of the parcels to be acquired or preserved as part of the project site;
The estimated cost of acquisition of the project site; and
The following conditions:

i. That the nonprofit shall, for lands acquired in fee simple title, ensure that the lands are maintained for agricultural use and production pursuant to N.J.A.C. 2:76-6.1 5;

ii. That the nonprofit shall, for lands acquired in fee simple title, agree not to sell, lease, exchange, or donate the lands unless:

(1) The lands will continue to be maintained for agricultural use and production pursuant to N.J.A.C. 2:76-6.1 5;

(2) The Committee is notified that the restricted farm is being offered for sale, exchange or donation; and

(3) The Committee approves the transfer in writing prior to the nonprofit's offering, for sale or conveyance, of any of its interest in the land. This requirement for written approval is met if an intended transferee is named in the project agreement executed under this section;

iii. That the nonprofit shall, in the case of the acquisition of a development easement, agree not to convey the development easement except to the Federal government, the State, a local unit of government, or another qualifying tax exempt nonprofit organization for farmland preservation purposes;

iv. That the nonprofit shall, at the time of acquisition of lands in fee simple title, agree to execute a deed of easement. The deed of easement shall be recorded in the same manner as a deed and shall run with the land. The deed of easement shall contain the following:

(1) Restrictions consistent with the provisions of N.J.A.C. 2:76-6.1 5 and approved by the Committee;

(2) The Committee's right to enforce the conditions of the restrictions;

(3) The remedies available to the Committee in the event the nonprofit does not comply with the conditions of the restrictions;

(4) A reimbursement provision which requires the nonprofit that sells or donates any interest in any lands acquired with a grant by the Committee, that the nonprofit shall pay to the Committee 50 percent of the net proceeds. For purposes of this section, "net proceeds" means the amount of compensation received by the nonprofit in excess of any unreimbursed costs; and

(5) Other special conditions as appropriate;

v. That the nonprofit shall, at the time of acquisition of a development easement, agree to execute a deed of easement. The deed of easement shall be recorded in the same manner as a deed and shall run with the land. The deed of easement shall contain the following:

(1) Restrictions consistent with the provisions of N.J.A.C. 2:76-6.1 5 and approved by the Committee;

(2) The Committee's right to enforce the conditions of the restrictions;

(3) The remedies available to the Committee in the event the nonprofit does not comply with the conditions of the restrictions; and

(4) Other special conditions as appropriate;

vi. The requirements for recordkeeping and project administration pursuant to N.J.A.C. 2:76-16.4; and

vii. Other terms and conditions, including a statement of the remedies described at (f) through (i) below.

(b) Upon receipt of the project agreement executed in accordance with (a) above, the Committee shall establish an account from which the grant shall be disbursed.

Add a parcel to the project site if the nonprofit demonstrates that the parcel meets the project eligibility requirements at N.J.A.C. 2:76-12.3;
Extend the project period established in the project agreement if the nonprofit demonstrates that it is making a good faith effort to complete the project in an expeditious manner; or
Reflect any supplemental funding provided under N.J.A.C. 2:76-15.3.

(d) Upon receipt of notification from the nonprofit of the scheduled date of closing, the nonprofit shall forward a copy of the title commitment, survey, deed of easement and any other necessary documents to complete the closing.

The Committee shall review the closing documents and, if appropriate, send the executed deed of easement required under (a)3iv or v above to the nonprofit. The Committee shall forward the approved grant to the nonprofit. The nonprofit shall have the deed of easement recorded by the county clerk or registrar either when the deed for the project site is recorded or when the nonprofit receives the first disbursement of Committee funds.

i. A copy of the executed deed of easement shall be forwarded to the Committee.

ii. A copy of the recorded deed of easement shall be forwarded to the Committee when available.

(e) In addition to any other rights or remedies available to the Committee under law, if the nonprofit does not comply with any of the requirements of the project agreement, the deed of easement, this chapter, or the Committee laws, or if the nonprofit makes any material misrepresentation in the project application and/or the documentation submitted in support of the application, the Committee may take any of the following actions:

Issue a written notice of noncompliance directing the nonprofit to take and complete corrective action within 30 days of receipt of the notice.

i. If the nonprofit does not take corrective action, or if the corrective action taken is not adequate in the judgement of the Committee, then the Committee may take any of the actions described at (e)2 through 4 and (f) below;

Withhold a grant disbursement or portion thereof;
Terminate the project agreement; and/or

Demand immediate repayment of all Committee funds that the nonprofit has received.

(f) If the nonprofit fails to comply with any of the terms of the project agreement, the deed of easement, this chapter, or the Committee laws, the Committee may initiate suit for injunctive relief or to seek specific enforcement, without posting bond, it being acknowledged that any actual or threatened failure to comply will cause irreparable harm to the Committee and that money damages will not provide an adequate remedy.

(g) If the Committee incurs legal or other expenses, including its own personnel expenses, for the collection of payments due or in the enforcement or performance of any of the nonprofit's obligations under the project agreement, the deed of easement, this chapter, or the Committee laws, the nonprofit shall pay these expenses on demand by the Committee.

(h) The Committee is not required to mitigate any damages to the nonprofit resulting from the nonprofit's noncompliance with the terms of the project agreement, the deed of easement, this chapter or the Committee laws.

The nonprofit shall monitor lands from which a development easement was acquired or lands purchased in fee simple title pursuant to the provisions of N.J.A.C. 2:76-16.5.

N.J. Admin. Code § 2:76-16.2 Negotiations for purchase of project site

(a) Unless the nonprofit has already entered into a purchase or an option contract with the property owner, the nonprofit may enter into a purchase or option contract with the property owner after the nonprofit accepts the eligible land cost or negotiated offer under N.J.A.C. 2:76-15.2.

(b) Any person who performed an appraisal under N.J.A.C. 2:76-13.5 of any parcel in the project site shall not conduct negotiations for such parcel.

N.J. Admin. Code § 2:76-16.3 Disbursement of grant

(a) The Committee shall disburse the grant in advance of closing or as reimbursement after closing.

(b) If the nonprofit seeks payment in advance of closing, it shall submit its request at least 60 days before the scheduled date of closing.

For payment in advance of closing, the following:

i. A copy of the contract of sale;

ii. A land survey plan, prepared in accordance with the Committee's Survey Contract Standards, rules of the State Board of Professional Engineers and Land Surveyors at N.J.A.C. 13:40-5, showing acreage, tax map references (blocks and lots) current as of the date of the plan, all easements of record, fences, improvements, encroachments, water courses, wetlands, and pertinent natural features, submitted on paper (two copies) and in a format compatible with the Mapping and Digital Data Standards at N.J.A.C. 7:1, Appendix A, incorporated herein by reference;

iii. Two copies of the metes and bounds description, stating acreage, corresponding to the survey required under (c)1ii above, submitted on the surveyor's letterhead, and signed and sealed by the surveyor;

iv. A copy of the title insurance binder, with copies of the deed of record and of all easements, restrictions, and other instruments of record as attachments. The binder must name the Committee as additional insured;

v. A copy of each canceled check (both sides), voucher, or invoice for appraisal, preliminary assessment, and survey costs;

vi. A Nonprofit Acquisition Payment Form, which the Committee provides with the statement of eligible land cost under N.J.A.C. 2:76-15.1, with the following items completed:

(1) The project name, block(s) and lot(s), name of nonprofit, municipality, and county;

(2) An itemized statement of the cost of acquisition of the parcel; and

(3) A certification by the nonprofit's chief executive officer or chief financial officer that the information contained in the form is accurate and that no bonus has been given or received in connection with any bill for which the nonprofit seeks payment; and

For reimbursement after closing, the following:

i. A copy of the canceled check (both sides) for the purchase of the parcel(s) in the project site;

iii. Two copies of the metes and bounds description, stating acreage, corresponding to the survey required under (c)2ii above, submitted on the surveyor's letterhead, and signed and sealed by the surveyor;

iv. A copy of the title insurance policy, with copies of the deed of record and of all easements, restrictions, and other instruments of record as attachments, and conforming to the following:

(1) The policy must name the Committee as additional insured;

(2) The policy must replace the survey exception with a survey endorsement that insures title to the area within the metes and bounds description;

(3) The policy amount must be at least equal to the eligible land cost; and

(4) Schedule B, Section II (Exceptions) must note that the parcel is subject to the Committee's approved restrictions as contained in the deed of easement;

v. A copy of the recorded deed, containing the metes and bounds description required under (c)2iii above;

vi. A copy of each canceled check (both sides), voucher, or invoice for appraisal, preliminary assessment, survey, and any other allowable project costs under N.J.A.C. 2:76-12.6;

vii. A Nonprofit Acquisition Payment Form, which the Committee provides with the statement of eligible land cost or negotiated offer under N.J.A.C. 2:76-15.1, with the following items completed:

(1) The project name, block(s) and lot(s), name of nonprofit, municipality, and county;

(2) An itemized statement of the cost of acquisition of the parcel;

(4) A justification of any difference between the purchase price and the eligible land cost or negotiated offer of the parcel; and

(5) A justification of any difference between the parcel acreage as described in the appraisal and the parcel acreage purchased; and

All documents required under (c)2 above not submitted with a request for payment in advance of closing shall be submitted as expeditiously as possible after closing.

(d) Upon receipt of a request for payment under (c) above, the Committee shall:

Send to the nonprofit a payment invoice for the grant amount or 50 percent of the cost of acquisition, whichever is less. The nonprofit's chief executive officer or chief financial officer shall verify, sign, and return the invoice to the Committee for processing; and

Conduct a site inspection of the parcel of land for which the payment is requested.

(e) The Committee shall mail each grant disbursement to the nonprofit in the form of a check. The nonprofit shall not sign over the check to the property owner or any other person but shall deposit the check into the nonprofit's bank account.

(f) The nonprofit shall immediately inform the Committee if the closing date established in the contract of sale for the project site is postponed for any reason. A nonprofit that has received a disbursement in advance of a scheduled closing that is postponed is subject to the following conditions:

As of the 30th day after the disbursement is made, the nonprofit shall pay to the Committee interest accrued on the amount of the disbursement from that day up to the 90th day after the disbursement. The interest rate shall be the judgment interest rate established under the New Jersey Court Rules Governing Civil Practice at N.J.S.A. 4:42-11(a)(ii) in effect on the 30th day.
As of the 90th day after the disbursement is made, the nonprofit shall repay to the Committee the amount of the disbursement plus accrued interest from 30 days after disbursement to the date of repayment. The interest rate shall be the judgment interest rate established under the New Jersey Court Rules Governing Civil Practice at N.J.S.A. 4:42-11(a)(ii) in effect on the 90th day.

(g) A nonprofit that has repaid the disbursement plus accrued interest under (f)2 above may, upon acquisition of the project site, submit a request for reimbursement after closing in accordance with (c)2 above.

(h) The nonprofit may unilaterally withdraw the project at any time before it receives Committee funds. The nonprofit shall not terminate the project agreement after it receives any Committee funds without the written consent of the Committee.

(i) If the nonprofit terminates the project agreement under (h) above, the nonprofit is responsible for any costs of acquisition incurred as of the time of termination. The nonprofit shall also repay, with interest at the judgment interest rate established under the New Jersey Court Rules Governing Civil Practice at N.J.S.A. 4:42-11(a)(ii) in effect at the time of termination, any disbursement which the Committee made to the nonprofit for the project.

N.J. Admin. Code § 2:76-16.4 Accounting and recordkeeping

(a) The nonprofit shall maintain and make available to the Committee for inspection on request all financial documents and records related to the project for three years in accordance with (d) below.

(b) The nonprofit, its contractors, and subcontractors shall employ generally accepted accounting procedures that adequately identify the costs associated with the Committee grant.

(c) The nonprofit shall maintain separate records for each project including the amount, receipt, and disposition of all funding received for the project, including the Committee's grants, contributions, gifts, or donations from any other sources.

(d) The nonprofit shall provide a duly authorized representative of the Committee access to all records, books, documents, and papers pertaining to the project agreement and/or the approved project for audit, examination, excerpt, and transcript purposes. Such records shall be maintained and access shall be provided during performance of the project and for three years after the latter date of either final payment or audit resolution. The nonprofit shall include this requirement in all project-related contracts.

(e) The nonprofit shall conduct annual audits and submit audit reports in conformance with the Single Audit Act of 1984, P.L. 98-502 and the Single Audit Act Amendments of 1996, P.L. 104-156, Federal OMB Circular A-133; "Audits of Nonprofit Organizations," incorporated herein by reference, and State OMB Circular 98-07: "Single Audit Policy," incorporated herein by reference.

Audit reports shall address nonprofit's compliance and all specific instances of noncompliance with the material terms and conditions of the project agreement and applicable laws and regulations.
Audit reports shall contain an itemized schedule of all project-related financial assistance received by the nonprofit identifying: grantor agency, program title, State account number, and total disbursement.

(f) The Committee shall adjust the nonprofit's final payment, if necessary, based on the results of the annual audit reports.

(g) If a nonprofit sells or donates any interest in any lands acquired with a grant by the Committee, the nonprofit shall pay to the Committee the relative percent cost share based on its initial grant as compared to the original purchase price of the net proceeds. This reimbursement provision shall be contained in the deed of easement on lands acquired in fee simple title by the nonprofit. For purposes of this subsection, "net proceeds" means the amount of compensation received by the nonprofit in excess of any unreimbursed costs.

N.J. Admin. Code § 2:76-16.5 Monitoring

(a) Any lands from which a development easement was acquired or lands purchased in fee simple title by a nonprofit with a grant provided by the Committee shall be monitored by the nonprofit as follows:

An onsite inspection shall be performed at least once a year;
All inspections and monitoring shall be completed within the period commencing July 1 and ending June 30;
A written summary shall be provided to the Committee by July 15, verifying that the inspections were conducted during the scheduled period with a certification concerning whether the farm was in compliance with the provisions of the deed of easement;
The Committee shall be notified if any of the terms and conditions of the deed of easement were violated within 30 days of identifying such violation; and
Appropriate actions shall be taken within the nonprofit's authority to ensure that the terms and conditions of the deed of easement are enforced.

Subchapter 17 COUNTY PLANNING INCENTIVE GRANTS

N.J. Admin. Code § 2:76-17.1 Applicability

(a) This subchapter implements N.J.S.A. 4:1C-43.1 by establishing a county farmland preservation planning incentive grant program. The rules describe the procedures that the State Agriculture Development Committee shall follow to provide grants to eligible counties, which grants shall be for the purpose of preserving a significant area of reasonably contiguous farmland that will promote the long-term economic viability of agriculture as an industry in a county.

(b) A board that submits an annual planning application to the Committee pursuant to this subchapter shall not be eligible to apply for a grant under the county easement purchase program pursuant to N.J.A.C. 2:76-6, for the same funding cycle.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agricultural Advisory Committee" (AAC) means the committee established pursuant to N.J.S.A. 4:1C-43.1.

"An application for the sale of a development easement" means a standard form, as developed and identified by the Committee, to be submitted to the county from a landowner interested in selling his or her development easement, in which the landowner shall provide parcel-specific information to the county.

"Annual planning application" means the formal submission of a planning incentive grant program application by the board to the Committee. The application shall include a copy of the county's adopted comprehensive farmland preservation plan and a project area inventory for each project area submitted for approval, and other information required by the Committee.

"Base grant" means the minimum amount of SADC funding that will be allocated to each county that has received approval of an annual planning application submitted pursuant to N.J.A.C. 2:76-17.7.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a sub-regional agricultural retention board established pursuant to N.J.S.A. 4:1C-12.

"Committee" or "SADC" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Competitive grant fund" means an amount of money identified by the Committee each funding cycle, which the SADC may award on a competitive basis to counties that have received approval of an annual planning application and obligated all of their previously allocated base grant funding.

"County" means a body corporate and politic of the State of New Jersey governed by a board of chosen freeholders.

"Eligible farm" means a targeted farm that qualified for grant funding under this subchapter by achieving an individual rank score pursuant to N.J.A.C. 2:76-6.16 that is equal to or greater than 70 percent of the county's average quality score of all farms granted preliminary approval by the Committee through the county easement purchase program and/or the county planning incentive grant program within the previous three funding cycles, as determined by the Committee, and which meets the criteria set forth at N.J.A.C. 2:76-6.20.

"Funding cycle" means the time period beginning on the date the Committee receives an appropriation for the county planning incentive grant program and ending on the date the Committee receives a subsequent appropriation for the county planning incentive grant program.

"Garden State Preservation Trust" means the public body created pursuant to N.J.S.A. 13:8C-1 et seq., P.L. 1999, c. 152.

"Individual farm application" means a standard form, as developed and identified by the Committee, to be submitted to the board from a landowner interested in selling his or her development easement.

"Project area" means a discrete area a board identifies within the county's farmland preservation plan that constitutes a separate, significant area of reasonably contiguous farmland that will promote the long-term viability of agriculture as an industry in the county, and which consists of the following lands, and lands that are within one mile of any of the following lands:

Targeted farms located within an ADA;
Lands for which an individual farm application has been granted final approval by the municipality, board, and/or the Committee pursuant to the Agriculture Retention and Development Act, as amended, and the Garden State Preservation Trust Act;
Lands from which development easements have already been purchased;
Other land permanently deed restricted for agricultural use;
Lands enrolled in a term farmland preservation program or municipally approved farmland preservation programs; or
Other permanently preserved lands dedicated for open space purposes that are compatible with agriculture, as approved by the Committee.

"Targeted farm" means a specific property contained within an approved project area that a board may seek to solicit for preservation through the county planning incentive grant program. In the event that a landowner requests such, the board shall remove his or her land from consideration as a targeted farm.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.3 Prerequisites for grant eligibility

(a) A county seeking to establish its eligibility for a grant under this subchapter shall establish or develop the following:

A board that shall serve as the agricultural advisory committee;
A comprehensive farmland preservation plan; and
A dedicated source of funding for farmland preservation pursuant to P.L. 1997, c. 24 (N.J.S.A. 40:12-15.1 et seq.), or an alternative means of funding for farmland preservation, including, but not limited to:

i. A dedicated tax pursuant to P.L. 1997, c. 24 (N.J.S.A. 40:12-15);

ii. Repeated, continuing annual appropriations; or

iii. Repeated issuance of bonded indebtedness.

(b) The Committee may determine that a funding source other than those identified in (a)3 above, is, in effect, a dedicated source of funding based upon a demonstrated commitment to farmland preservation by the county.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.4 County comprehensive farmland preservation plan

(a) A comprehensive farmland preservation plan shall include, at a minimum, the following components:

A complete description of the county's agricultural resource base and industry trends;
A complete description of the county's past and future farmland preservation program activities, including program goals and objectives, and any proposed farmland preservation program project areas;
A complete description of the land use planning context for farmland preservation initiatives including identification of the county's adopted ADA, and consistency of the county's farmland preservation program with local, county, regional, and State planning and conservation efforts; and
A complete discussion of actions the county has taken, or plans to take, to promote agricultural economic development in order to sustain the agricultural industry.

(b) A comprehensive farmland preservation plan shall include, either in the body of the plan, or as an addendum to the plan, the following:

A detailed map of, and board resolution approving, the adopted ADA of the county;
A map of the proposed farmland preservation project areas, and the location and extent of the following important farmland soils:

i. Prime soils identified by the United States Department of Agriculture, Natural Resources Conservation Service;

ii. Soils of Statewide importance as identified by the New Jersey Department of Agriculture, State Soil Conservation Committee; and

iii. Unique soils, identified by the United States Department of Agriculture, Natural Resources Conservation Service, which are especially suited for the production of specialty crops and are being used, or intended to be used, for that purpose;

A summary identifying county funding dedicated to, or available for, preservation of farmland through the State Farmland Preservation Program;
A funding plan for the preservation of land consistent with the county's one-, five- and 10-year preservation projections that includes identification of available funding sources and any approved policies related to funding sources;
The minimum eligibility criteria or standards as adopted by the board for solicitation and approval of individual farm applications considered by the board, which shall include:

i. At a minimum, the criteria at N.J.A.C. 2:76-6.20; and

ii. If Committee funds are requested, the criteria to qualify as an eligible farm;

The adopted ranking criteria that the board will use to prioritize farms for county farmland preservation funding, which shall address the factors included in the criteria at N.J.A.C. 2:76-6.16; and
Any other policies, guidelines, or standards used by the board that affect individual farm application evaluation or selection.

(c) The board shall review and readopt the comprehensive farmland preservation plan pursuant to (a) and (b) above at least every 10 years.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.5 Project area inventory

(a) For each project area designated within the county's comprehensive farmland preservation plan for which the county intends to seek Committee funding, the board shall prepare a project area inventory. The inventory, which may be submitted as electronic spatial data files, shall identify the number of farms or properties, and their individual and aggregate acreage, for each of the following categories of land within the project area:

Targeted farms;
Lands for which an individual farm application has been granted final approval by the municipality, board, and/or the Committee pursuant to the Agriculture Retention and Development Act, as amended, and the Garden State Preservation Trust Act;
Lands from which development easements have already been purchased;

Other land permanently deed restricted for agricultural use;

Lands enrolled in a term farmland preservation program or municipally approved farmland preservation program; and
Other permanently preserved lands dedicated for open space purposes that are compatible with agriculture, as approved by the Committee;

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.6 Annual planning application procedures and requirements

(a) All annual planning applications shall be received by the Committee no later than December 15 of each year preceding the funding cycle for which planning incentive grant program funding is sought.

The board's initial annual planning application shall include a copy of the county's comprehensive farmland preservation plan and all applicable project area inventories pursuant to N.J.A.C. 2:76-17.4 and 17.5.

2.In any subsequent year, the board's annual planning application shall include the following:

i. A copy of the county's comprehensive farmland preservation plan, as amended if appropriate;

ii. Project area inventories; and

iii. A report summarizing:

(1) The status of the purchase of development easements from all active individual farm applications;

(2) The expenditure of Committee funds previously allocated pursuant to N.J.A.C. 2:76-17.8;

(3) Amendments to board farmland preservation policies, county funding availability, and estimates of easement purchase cost on all targeted farms; and

(4) Updates to contact information for the planning incentive grant administrator and board members.

(b) To improve county and municipal farmland preservation program coordination, the board shall notify all municipalities in which targeted farms are located within a project area no later than 90 days prior to the date on which it submits its annual planning application to the Committee, and no less than 90 days prior to the December 15 application deadline.

The municipality shall have 60 days from receipt of the application to provide written comments to the board, which should identify, if appropriate, the level of funding that the municipality is willing to provide to assist in the purchase of development easements on targeted farms.

(c) A board may enhance its annual planning application by submitting a joint proposal with one or more contiguous counties resulting in the preservation of a more significant area of reasonably contiguous farmland.

(d) The board shall consider the municipality's comments before submitting the annual planning application to the Committee. If the board approves the application, it shall forward the approved application to the Committee within the time provided under (b) above.

(e) Any annual planning application submitted after December 15 shall be considered by the Committee as an application for the subsequent funding cycle.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.7 Committee review of annual planning applications

(a) Within 60 days of receipt thereof, the Committee shall review and evaluate the board's annual planning application submitted pursuant to N.J.A.C. 2:76-17.6 as follows:

The Committee shall determine whether all of the components of the comprehensive farmland preservation plan are fully addressed and complete;
The Committee shall determine for each designated project area, whether the project area inventory is complete and technically accurate;
The Committee shall approve the annual planning application if it finds that the application is complete and accurate, and that it is designed to preserve a significant area of reasonably contiguous farmland that will promote the long-term economic viability of agriculture as an industry.

i. Funding eligibility shall be established pursuant to N.J.A.C. 2:76-17.8.

ii. The Committee shall notify the board of its decision in writing; and

If the Committee finds that the comprehensive farmland preservation plan and/or the project area inventories are not complete and accurate, it may grant conditional approval of the annual planning application.

i. The Committee shall notify the board of its decision in writing, setting forth the deficiencies in the application and the information required to cure the deficiencies.

ii. The board shall provide the required information to the Committee within 60 days of receiving notification of the submission deficiencies.

iii. Upon receipt of the required information, the Committee shall review the information within 60 days of receipt thereof and, if appropriate, grant approval pursuant to this section.

(b) The board's failure to provide the requested information within 60 days of receiving notification of the submission deficiencies shall result in a rejection of the annual planning application by the Committee.

An application rejected by the Committee shall not be resubmitted by the board until the following funding cycle.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.8 Annual funding eligibility

(a) For each county planning incentive grant funding cycle, the Committee shall establish the amount of the base grant available to each county that has received approval of an annual planning application pursuant to the following:

The Committee shall review the county's performance over the previous three funding cycles to determine if the county has expended State cost share funds on a timely basis. The degree to which the county has expended all previously allocated grant funding will determine to what extent the county is eligible to receive the minimum annual base grant for the next funding cycle according to the following:

i. If the county has expended at least 50 percent of the total grant funds appropriated to the county in the previous three funding cycles, the county is eligible for 100 percent of the maximum base grant available to it;

ii. If the county has expended at least 25 percent, but less than 50 percent of the total grant funds appropriated to the county in the previous three funding cycles, the county is eligible for 50 percent of the maximum base grant available to it; or

iii. If the county has expended less than 25 percent of the total grant funds appropriated to the county in the previous three funding cycles, the county is ineligible for a base grant award.

The Committee may adjust any county's base grant eligibility, or withhold a base grant entirely, based on factors including, but not limited to, projected expenditures as described in its annual planning application, availability of unexpended grant balances, past performance, and sufficient need.
The county shall expend funds within three years of the date the funds are appropriated or risk the loss of those funds and funding eligibility in subsequent funding cycles.

(b) For each funding cycle, the Committee shall establish a maximum combined amount of planning incentive grant funds that any county may receive from both its base grant and from the competitive grant fund.

The SADC shall identify the total amount of funds available for expenditure in the competitive grant fund for each funding cycle.
If at any time during the funding cycle, a board seeks final approval for an eligible farm for which there are insufficient funds remaining in the county's base grant, the request for final approval will be applied to the funding available in the competitive grant fund pursuant to N.J.A.C. 2:76-17.14.

i. Competitive grant funds will be available to counties having received approval of an annual planning application submitted pursuant to N.J.A.C. 2:76-17.7, regardless of base grant eligibility.

Counties may continue to qualify for funds available in the competitive grant fund up to the total maximum grant eligibility established pursuant to (b) above.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.9 Committee review of an individual farm application from an eligible farm

(a) At any time during the year, but subsequent to the Committee's approval of an annual planning application, and prior to commencement of any appraisals to be submitted to the Committee for review and certification, the board shall submit to the Committee the following information for any eligible farm that the board intends to commence processing for purchase:

A completed individual farm application;
Appropriate GIS mapping and soils analysis as required by the Committee;
Clear delineation of all proposed exception areas, whether severable or non-severable, all housing opportunities and all pre-existing nonagricultural uses that shall identify the information in (a)3i and ii below. Exception areas shall be permitted only if they do not cause a substantially negative impact on the continued use of the land for agricultural purposes.

i. The allocation of any residual dwelling site opportunities authorized pursuant to N.J.A.C. 2:76-6.1 7; and

ii. Any other residential opportunities that currently exist on the premises;

Confirmation that the farm meets the minimum eligibility criteria established by the board in the county comprehensive farmland preservation plan developed in accordance with N.J.A. C. N.J.A.C. 2:76-17.4(b)4, and further provided as follows:

i. A member of the board or a member of his or her immediate family, is prohibited from selling or applying to sell a development easement on his or her property or from selling or applying to sell his or her property in fee simple title pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq. and the Garden State Preservation Trust Act, N.J.S.A. 13:8C-1 et seq.

(1) "Member of the immediate family" means a member's spouse, child, parent, or sibling, residing in the same household;

Rank score of the farm based on the board's adopted ranking criteria;

Rank score of the farm based on the Committee's ranking criteria adopted pursuant to N.J.A.C. 2:76-6.1 6; and
Confirmation that each farm's individual rank score pursuant to N.J.A.C. 2:76-6.16 meets the requirements of an eligible farm, provided that:

i. If a farm fails to meet the minimum rank score in (a)5 and 6 above and the board wishes to preserve the farm using Committee funds provided for pursuant to this subchapter, the board may request from the Committee a waiver of the minimum score criteria.

(1) The Committee may grant a waiver of the minimum score criteria upon a finding that any of the following apply:

(A) The conversion of the farm to non-agricultural use will likely cause a substantial negative impact on the public investment made in farmland preservation within the project area;

(B) The subject property is of exceptionally high agricultural resource value based on soil characteristics; or

(C) The subject property represents a unique and valuable agricultural resource to the surrounding community, and the Committee finds that it has a reasonable opportunity to remain agriculturally viable.

(b) The Committee shall conduct a review of the individual farm application and confirm that it is complete and accurate and that it otherwise meets the criteria of (a) above.

If an individual farm application is determined to be complete and meets the criteria as set forth in (a) above, the Committee shall notify the board in writing that the application is approved and that appraisals may commence pursuant to N.J.A.C. 2:76-17.10.
If an individual farm application is determined to be incomplete, the Committee shall notify the board in writing to address the deficiencies.

i. Upon receipt and review of an amended individual farm application that is determined to be complete and meets the criteria as set forth in (a) above, the Committee shall notify the board in writing that the application is approved and that appraisals may commence pursuant to N.J.A.C. 2:76-17.10.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.10 Appraisal of eligible farms

(a) Upon Committee approval of an individual farm application pursuant to N.J.A.C. 2:76-17.9(b), the county shall select two appraisers from the list of appraisers approved by the Committee pursuant to N.J.A.C. 2:76-6.22 to conduct independent appraisals of each farm to determine the market value of the development easement for which funding is requested.

The county shall provide to the appraisers a completed appraisal order checklist as required by the Committee and a copy of the individual farm application including, but not limited to, residential opportunities, exceptions, soils, wetlands, and any other factors that may affect the market value of the development easement to the appraisers.
The appraisers shall perform appraisals in accordance with procedures detailed in the appraisal handbook for standards at N.J.A.C. 2:76-6.1 0, generally recognized appraisal practices, N.J.S.A. 4:1C-11 et seq., and N.J.S.A. 13:8C-1 et seq., P.L. 1999, c. 152, and the Committee's appraisal handbook.

(b) The two appraisers shall certify the current market value of the development easement as of a uniform date established by the county pursuant to (a)1 above.

(c) The valuation of a development easement for lands located in the Pinelands with Pinelands Development Credits shall be determined pursuant to N.J.S.A. 13:8C-1 et seq., P.L. 1999, c. 152, and N.J.S.A. 4:1C-11 et seq., N.J.A.C. 2:76-19 and the Committee's appraisal handbook.

(d) Upon completion of the appraisals, the appraisers shall forward the appraisal reports to a person designated by the county, who shall review the reports for completeness of contractual requirements.

(e) The board shall forward the completed appraisals to the Committee.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.11 Committee certification of development easement values

(a) The Committee shall review appraisals of eligible farms only after they have been authorized for appraisal pursuant to N.J.A.C. 2:76-17.9(b).

(b) The Committee shall appoint a review appraiser to evaluate the appraisals submitted by the board and to recommend a market value of the development easement for each farm. The review appraisal shall be conducted in accordance with the appraisal standards contained at N.J.A.C. 2:76-10

(c) The Committee shall have final authority for certifying the market value of the development easement pursuant to N.J.A.C. 2:76-6.8.

(d) The Committee shall certify the market value of the development easement and report the certified value to the county.

(e) The Committee may determine not to certify the market value of the development easement if an appraisal does not comply with the appraisal handbook for standards at N.J.A.C. 2:76-10 or generally recognized appraisal practices.

If the appraisal is not amended to comply with the appraisal handbook or generally recognized appraisal practice within 60 days of the Committee review appraiser requesting such amendments, the Committee may invalidate the appraisal.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.12 Landowner offer

(a) Within 30 days of receipt of the Committee's certification of the market value of the development easement, the county shall report the certified value to the landowner.

The county may negotiate a purchase price of the development easement for an amount greater than or less than the Committee's certified market value of the development easement, but not greater than the higher of the two independent appraised development easement values determined pursuant to N.J.S.A. 4:1C-31(c) and 13:8C-1 et seq., P.L. 1999, c. 152 and N.J.A.C. 2:76-17.1 1.
If applicable, the county shall inform the landowner of the terms and conditions of any installment purchase agreements, options or potential donations.

(b) Within 60 days of the landowner's receipt of the Committee's certification of the market value of the development easement, the landowner shall submit, in writing, an acceptance or rejection of the offer. A copy of the acceptance or rejection shall be provided to the Committee.

An offer by a landowner requesting to sell his development easement for a value that is greater than the higher of the two independent appraised development easement values determined pursuant to N.J.S.A. 4:1C-31(c), and N.J.S.A. 13:8C-1 et seq., P.L. 1999, c. 152 and N.J.A.C. 2:76-17.1 1 shall be deemed a rejection of the offer.
If the landowner accepts the county's offer, the county shall enter into an agreement with the landowner contingent upon the board's final review pursuant to N.J.A.C. 2:76-17.13 and the Committee's final review pursuant to N.J.A.C. 2:76-17.14 and, if requested, shall provide a copy of the agreement to the Committee, and in the event municipal funds are provided, to the municipality.

If a landowner rejects an offer for an amount equal to or greater than the certified market value, the Committee shall not accept for processing any individual farm application or application for sale of land in fee simple pursuant to the planning incentive grant program or any other farmland preservation program authorized pursuant to N.J.S.A. 4:1C-11 et seq., or 13:1C-1 et seq., for two years from the date that the board originally submitted an individual farm application to the Committee. This provision applies only to an application from the same landowner for the same farm property.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.13 Final board review

(a) The board shall approve or disapprove the acquisition of a development easement on an eligible farm based on total available funding and provide the following to the Committee:

A commitment of funding by the county and each level of government that is providing funding, as evidenced by an adopted resolution of each governing body.

i. In the event that municipal funding is not being provided, the municipality, by resolution, must approve of the purchase of the development easement.

A commitment of funding in the event the development easement shall be acquired under installment purchase pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-32, as amended.
In the event that donation or other method of leveraging monies authorized pursuant to N.J.S.A. 13:8C-1 et seq., P.L. 1999, c. 152, is being utilized, a commitment of funding as required to purchase the easement.

(b) Nothing in this subchapter shall be construed to require that any eligible farm in a project area shall receive a price per acre that is the same as any other eligible farm in that project area, or that any eligible farm must be purchased with installment payments because other eligible farms in the project area are so purchased.

(c) No development easement shall be purchased at a price greater than the higher of the two independent appraised values determined pursuant to N.J.S.A. 4:1C-31.h.

(d) In the event that there are insufficient county, municipal, or other non-SADC funds to acquire development easements on all of the eligible farms, the board shall establish a priority ranking of farms pursuant to its ranking criteria and N.J.A.C. 2:76-6.10(a)1 i and shall forward, to the Committee, requests for final approval only for those farms for which there is a sufficient local funding commitment.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.14 Final committee review

(a) The Committee shall review all requests for funding for the purchase of a development easement on an eligible farm approved by the county for compliance with all applicable statutes, rules and regulations and policies.

The Committee shall confirm receipt of appropriate resolutions from the board, the governing body of the county and governing body of the municipality approving of the purchase of a development easement and dedicating sufficient funds to account for local cost share, if appropriate.
The Committee shall confirm receipt of the agreement between the county and the landowner.

(b) The Committee's cost share for the purchase of the development easement shall be consistent with the provisions of N.J.A.C. 2:76-6.1 1(d).

(c) The Committee shall approve a cost share grant for any farm that qualified for final approval and for which there are sufficient funds available in the county's base grant.

(d) In the event that there are insufficient funds available in a county's base grant to acquire a development easement on the farm(s) being submitted for final approval by any board, the board may request additional funding from the competitive grant fund.

(e) The Committee shall establish a priority ranking that will prioritize applications for grants from the competitive grant fund based on the number of cumulative points awarded according to the following criteria, subject to a county's maximum funding eligibility and available funding:

The density score of the project area, expressed as the ratio between the total area of the properties listed at N.J.A.C. 2:76-17.5(a)2, 3, 4, and 5 and the total area of the project area, is determined as follows:

| Density ratio | | | --- | --- | | 90 to 100 percent | 50 points | | 80 to <90 percent | 40 points | | 60 to <80 percent | 30 points | | 40 to <60 percent | 20 points | | 20 to <40 percent | 10 points | | <20 percent | 0 points |

The soil productivity score of the important farmland soils present on targeted farms within the project area, expressed as the ratio between the total area of the important farmland soils listed at N.J.A.C. 2:76-17.4(b)2 i, ii, and iii and the total area of the targeted farms within the project area, is determined as follows:

| Soil productivity ratio | | | --- | --- | | 90 to 100 percent | 50 points | | 80 to <90 percent | 40 points | | 60 to <80 percent | 30 points | | 40 to <60 percent | 20 points | | 20 to <40 percent | 10 points | | <20 percent | 0 points |

The proximity score of the eligible farm in relation to lands from which development easements have already been purchased or other permanently deed restricted farmlands within the project area, as identified at N.J.A.C. 2:76-17.5(a)2, 3, 4, and 5, is determined as follows:

| Distance | | | --- | --- | | Contiguous | 50 points | | <500 feet | 40 points | | 500 to 1000 feet | 30 points | | >1000 to 2500 feet | 20 points | | >2500 to 5000 feet | 10 points | | >5000 feet | 0 points |

The relative best buy score of the farm is determined as follows:

| nonagricultural development value | - | agricultural value | - | landowner's asking price | | --- | --- | --- | --- | --- | | -------------------------------------------------------- | = | Formula Index | | | | nonagricultural development value | - | agricultural value | | | | Formula Index 200 = Total points | | | | |

The total score for the eligible farm is equal to the sum of (e)1, 2, 3, and 4 above.

(f) If further prioritization is necessary, the Committee shall give funding priority to those farms that utilize option agreements, installment purchases, donations, or other methods for the purpose of leveraging monies made available by the Garden State Preservation Trust Act, P.L. 1999, c. 152 (N.J.S.A. N.J.S.A. 13:8C-1 et seq.), the Preserve New Jersey Act, P.L. 2016, c. 12 (N.J.S.A. 13:8C-43), or by any appropriation to the Committee for farmland preservation purposes.

(g) In the event that the approval requires a schedule of installment payments, the Committee shall enter into an agreement for the provision of grant funds with the county subject to the following:

The provisions of N.J.S.A. 4:1C-32, as amended; and
The Garden State Preservation Trust Act, P.L. 1999, c. 152 (N.J.S.A. 13:8C-1 et seq.), the Preserve New Jersey Act, P.L. 2016, c. 12 (N.J.S.A. 13:8C-43 et seq.), or by any appropriation to the Committee for farmland preservation purposes.

(h) The Committee shall inform the board of its decision.

(i) The Committee shall post on its website the status of available funds following the Committee's actions.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17.15 Deed restrictions

(a) Deed restrictions shall be attached to and recorded with the deed of the land and shall be consistent with N.J.A.C. 2:76-6.1 5.

(b) The development easement shall be held by the county if county funds are utilized in the purchase of a development easement on a farm.

N.J. Admin. Code § 2:76-17.16 Terms, contingencies and conditions of purchase

Terms, contingencies and conditions of purchase shall be consistent with the provisions of N.J.A.C. 2:76-6.1 3.

Subchapter 17A MUNICIPAL PLANNING INCENTIVE GRANTS

N.J. Admin. Code § 2:76-17A.1 Applicability

This subchapter implements N.J.S.A. 4:1C-43.1 by establishing a municipal farmland preservation planning incentive grant program. The rules describe the procedures that the State Agriculture Development Committee shall follow to provide grants to eligible municipalities, which grants shall be for the purpose of preserving a significant area of reasonably contiguous farmland that will promote the long-term economic viability of agriculture as an industry in a municipality.

N.J. Admin. Code § 2:76-17A.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agricultural Advisory Committee" (AAC) means the committee established pursuant to N.J.S.A. 4:1C-43.1.

"Agricultural Development Area" or "ADA" means an area identified by a county agriculture development board pursuant to the provisions of N.J.S.A. 4:1C-18 and certified by the State Agriculture Development Committee.

"Annual planning application" means the formal submission of a planning incentive grant program application by the municipality to the Committee. The application shall include a copy of the county's adopted comprehensive farmland preservation plan and a project area inventory for each project area submitted for approval, and other information required by the Committee.

"Base grant" means the minimum amount of SADC funding that will be allocated to each municipality that has received approval of an annual planning application submitted pursuant to N.J.A.C. N.J.A.C. 2:76-17A.7.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14.

"Committee" or "SADC" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Competitive grant fund" means an amount of money identified by the Committee each funding cycle, which the SADC may award on a competitive basis to municipalities that have received approval of an annual planning application and obligated all of their previously allocated base grant funding.

"Eligible farm" means a targeted farm included within an SADC-approved project area that is deemed eligible by the municipality to be preserved through the municipality's farmland preservation program and which, at a minimum, meets the criteria at N.J.A.C. 2:76-6.20.

"Funding cycle" means the time period beginning on the date the Committee receives an appropriation for the municipal planning incentive grant program and ending on the date the Committee receives a subsequent appropriation for the municipal planning incentive grant program.

"Garden State Preservation Trust" means the public body created pursuant to N.J.S.A. 13:8C-1 et seq., P.L. 1999, c. 152.

"Individual farm application" means a standard form, as developed and identified by the Committee, to be submitted to the municipality from a landowner interested in selling his or her development easement, in which the landowner shall provide parcel-specific information to the municipality.

"Mayor" means the municipal official identified pursuant to section 3.2 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-5).

"Project area" means a discrete area a municipality identifies within the municipality's farmland preservation plan that constitutes a separate, significant area of reasonably contiguous farmland that will promote the long-term viability of agriculture as an industry in the municipality, and which consists of the following lands and lands that are within one mile of any of the following lands:

Targeted farms located within an ADA;
Lands for which an individual farm application has been granted final approval by the municipality, the board, and/or the Committee pursuant to the Agriculture Retention and Development Act, as amended, and the Garden State Preservation Trust Act;
Lands from which development easements have already been purchased;
Other land permanently deed restricted for agricultural use;
Lands enrolled in a term farmland preservation program or municipally approved farmland preservation programs; or
Other permanently preserved lands dedicated for open space purposes that are compatible with agriculture, as approved by the Committee.

"Targeted farm" means a specific property, contained within an approved project area, that a municipality may seek to solicit for preservation through the municipal planning incentive grant program. In the event of a landowner request, the municipality shall remove the landowner's land from consideration as a targeted farm.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.3 Prerequisites for grant eligibility

(a) A municipality seeking to establish its eligibility for a grant under this subchapter shall:

Establish an agricultural advisory committee appointed by the mayor with the consent of the municipal governing body. The municipal agricultural advisory committee shall report to the municipal planning board.

i. A municipal agricultural advisory committee shall be composed of at least three, but not more than five, residents of the municipality, with a majority of the members actively engaged in farming and owning a portion of the land they farm; and

ii. A member of the agricultural advisory committee or a member of his or her immediate family, is prohibited from selling or applying to sell a development easement on his or her property or from selling or applying to sell his or her property in fee simple title pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., and the Garden State Preservation Trust Act, N.J.S.A. N.J.S.A. 13:8C-1 et seq., if such property is located in the municipality for which the landowner serves as a member of the agricultural advisory committee.

(1) "Member of the immediate family" means a member's spouse, child, parent, or sibling, residing in the same household; and

iii. The agricultural advisory committee shall meet at least two times annually in compliance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.

Maintain a dedicated source of funding for farmland preservation pursuant to P.L. 1997, c. 24 (N.J.S.A. 40:12-15.1 et seq.), or an alternative means of funding for farmland preservation, such as, but not limited to:

i. A dedicated tax pursuant to P.L. 1997, c. 24 (N.J.S.A. 40:12-15.1 et seq.);

ii. Repeated, continuing annual appropriations; or

iii. Repeated issuance of bonded indebtedness.

(1) The Committee may determine that a funding source, other than those identified in (a)2 above, is, in effect, a dedicated source of funding based upon a demonstrated commitment to farmland preservation by the municipality;

Prepare and adopt a farmland preservation plan element pursuant to paragraph 13 of section 19 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-28b(13)) in consultation with the municipal agriculture advisory committee. The plan shall include, at a minimum, the following:

i. An inventory of farm properties in the entire municipality and a map illustrating significant areas of agricultural land;

ii. A detailed statement showing that municipal plans and ordinances support and promote agriculture as a business; and

iii. A plan for preserving as much farmland as possible in the short-term by leveraging monies made available by the Garden State Preservation Trust Act, P.L. 1999, c. 152 (N.J.S.A. 13:8C-1 et seq.), the Preserve New Jersey Act, P.L. 2016, c. 12 (N.J.S.A. 13:8C-43 et seq.), or by any appropriation to the Committee for farmland preservation purposes through a variety of mechanisms including, but not limited to, utilizing:

(1) Option agreements;

(2) Installment purchases; and

(3) Encouraging donations for permanent development easements; and

iv. Additional requirements set forth at N.J.A.C. 2:76-17A.4; and

Prepare and adopt a right-to-farm ordinance that is consistent with, or provides greater protections to commercial farm operators and owners than, the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., as determined by the Committee.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.4 Municipal farmland preservation plan

(a) A comprehensive farmland preservation plan shall include, at a minimum, the following components: :

The adopted farmland preservation plan element of the municipal master plan pursuant to N.J.A. C. N.J.A.C. 2:76-17A.3(a)3;
A map and description of the municipality's agricultural resource base including, at a minimum, the proposed farmland preservation project areas, and the location and extent of the following important farmland soils:

i. Prime soils identified by the United States Department of Agriculture, Natural Resources Conservation Service;

ii. Soils of Statewide importance, as identified by the New Jersey Department of Agriculture, State Soil Conservation Committee; and

iii. Unique soils, identified by the United States Department of Agriculture, Natural Resources Conservation Service, that are especially suited for the production of specialty crops and are being used, or intended to be used, for that purpose;

A description of the land use planning context for the municipality's farmland preservation initiatives including the following:

i. Identification and detailed map of the county's adopted ADA within the municipality;

ii. Consistency of the municipality's farmland preservation program with county and other farmland preservation program initiatives; and

iii. Consistency with municipal, regional and State land use planning and conservation efforts;

A description of the municipality's past and future farmland preservation program activities, including program goals and objectives, as follows:

i. A summary identifying municipal funding dedicated to, or available for, preservation of farmland through the State farmland preservation program; and

ii. A funding plan for the preservation of land consistent with the municipality's one-, five- and 10-year preservation projections that includes identification of available funding sources and any approved policies related to funding sources;

A description of the local agricultural industry and discussion of actions the municipality has taken, or plans to take, to promote agricultural economic development in order to sustain the agricultural industry;
Other farmland preservation techniques being utilized or considered by the municipality;
A description of the policies, guidelines, or standards used by the municipality in conducting its farmland preservation efforts including the following:

i. Any minimum eligibility criteria or standards used by the municipality for solicitation and approval of individual farm applications, which, at a minimum, shall include the criteria at N.J.A.C. 2:76-6.20;

ii. The adopted ranking criteria that the municipality will use to prioritize farms for farmland preservation funding, which, at a minimum, shall address the factors included in the criteria at N.J.A. C. N.J.A.C. 2:76-6.16; and

iii. Any other policies, guidelines, or standards used by the municipality that affect individual farm application evaluation or selection;

A description of municipal staff and/or consultants used to facilitate the preservation of farms; and
Any other information as deemed appropriate by the municipality.

(b) The municipal planning board, in consultation with the municipal agricultural advisory committee, shall review and readopt the comprehensive farmland preservation plan at least every 10 years. The readopted plan shall, at a minimum, provide updates to the elements required at (a) 2, 3, 4, and 7 above and to the project area inventory described at N.J.A.C. 2:76-17A.5.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.5 Project area inventory

(a) For each project area designated within the municipality's farmland preservation plan for which the municipality intends to seek Committee funding, the municipality shall prepare a project area inventory. The inventory, which may be submitted as electronic spatial data files, shall identify the number of farms or properties, and their individual and aggregate acreage, for each of the following categories of land within the project area:

Targeted farms;
Lands for which an individual farm application has been granted final approval by the municipality, board, and/or the Committee pursuant to the Agriculture Retention and Development Act, as amended, and the Garden State Preservation Trust Act;
Lands from which development easements have already been purchased;

Other lands permanently deed-restricted for agricultural use;

Lands enrolled in a term farmland preservation program or municipally approved farmland preservation program; and
Other permanently preserved lands dedicated for open space purposes that are compatible with agriculture, as approved by the Committee;

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.6 Annual planning application procedures and requirements

The municipality's initial annual planning application shall include a copy of the municipality's comprehensive farmland preservation plan and all applicable project area inventories, pursuant to N.J.A.C. N.J.A.C. 2:76-17A.4 and 17A.5.
In any subsequent year, the municipality's annual planning application shall include the following:

i. A copy of the municipality's comprehensive farmland preservation plan, as amended, if appropriate;

ii. Project area inventories;

iii. A report summarizing:

(1) The status of the purchase of development easements on all active individual farm applications;

(2) The expenditure of Committee funds previously available pursuant to N.J.A.C. 2:76-17A.8;

(3) Amendments to municipal farmland preservation policies, funding availability, and estimates of easement purchase cost on all targeted farms;

(4) Updates to contact information for the planning incentive grant administrator and agricultural advisory committee members; and

iv. Copies of minutes of the agricultural advisory committee meetings held in compliance with N.J.A. C. N.J.A.C. 2:76-17A.3(a)1 iv.

Each year's annual planning application shall be accompanied by a resolution of support from the governing body, and documentation of the agricultural advisory committee's review of the proposed application.

(b) To improve municipal and county farmland preservation program coordination, the municipality shall forward its annual planning application to the board for review no later than 90 days prior to the date on which it submits its application to the Committee, and no less than 90 days prior to the December 15 application deadline.

If county funding is sought, the board shall review the annual planning application and provide comments within 60 days from receipt of the application to ensure that the application is consistent with the county's comprehensive farmland preservation plan.

i. The board shall provide any comments and, if appropriate, identify the level of funding that the county is willing to provide to assist in the purchase of development easements on targeted farms.

ii. The municipality shall consider the board's comments before submitting the annual planning application to the Committee, amend the application, if appropriate, and forward the approved application to the Committee.

If county funding is not sought, the board shall review the annual planning application and provide comments to the municipality within 60 days of receipt of the application to determine to what extent the municipality's application is consistent with the county's comprehensive farmland preservation plan.

(c) A municipality may enhance its annual planning application by submitting a joint proposal with one or more contiguous municipalities resulting in the preservation of a more significant area of reasonably contiguous farmland and submit it to the board pursuant to the provisions in (b) above.

(d) Any annual planning application submitted after December 15 shall be considered by the Committee as an application for the subsequent funding cycle.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.7 Committee review of annual planning applications

(a) Within 60 days of receipt thereof, the Committee shall review and evaluate the municipality's annual planning application submitted pursuant to N.J.A.C. 2:76-17A.6 as follows:

The Committee shall determine whether all of the components of the comprehensive farmland preservation plan are fully addressed and complete; and
The Committee shall determine, for each designated project area, whether the project area inventory is complete and technically accurate.

(b) The Committee shall approve the annual planning application if it finds that the application is complete, accurate, and is designed to preserve a significant area of reasonably contiguous farmland that will promote the long-term economic viability of agriculture as an industry.

Funding eligibility shall be established pursuant to N.J.A.C. 2:76-17A.8.
The Committee shall notify the municipality of its decision in writing.

(c) If the Committee finds that the comprehensive farmland preservation plan and/or the project area inventories are not complete and accurate, it may grant conditional approval of the annual planning application.

The Committee shall notify the municipality of its decision, in writing, setting forth the deficiencies in the application and the information required to cure the deficiencies.
The municipality shall provide the required information to the Committee within 60 days of receiving notification of the submission deficiencies.
Upon receipt of the required information, the Committee shall review the information within 60 days of receipt thereof, and if appropriate grant approval pursuant to N.J.A.C. 2:76-17A.7.

(d) The municipality's failure to provide the requested information within the 60 days of receiving notification of the submission deficiencies shall result in a rejection of the annual planning application by the Committee.

An application rejected by the Committee shall not be re-submitted by the municipality until the following funding cycle.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.8 Annual funding eligibility

(a) For each municipal planning incentive grant funding cycle, the Committee shall establish the amount of the base grant available to each municipality that has received approval of an annual planning application, pursuant to the following:

The Committee shall review the municipality's performance over the previous three funding cycles to determine if the municipality has expended State cost share funds on a timely basis. The degree to which the municipality has expended all previously allocated grant funding will determine to what extent the municipality is eligible to receive the minimum annual base grant for the next funding cycle according to the following:

i. If the municipality has expended at least 50 percent of the total grant funds appropriated to the municipality in the previous three funding cycles, the municipality is eligible for 100 percent of the maximum base grant available to it;

ii. If the municipality has expended at least 25 percent, but less than 50 percent of the total grant funds appropriated to the municipality in the previous three funding cycles, the municipality is eligible for 50 percent of the maximum base grant available to it; or

iii. If the municipality has expended less than 25 percent of the total grant funds appropriated to the municipality in the previous three funding cycles, the municipality is ineligible for a base grant award.

The Committee may adjust any municipality's base grant eligibility, or withhold a base grant entirely, based on factors including, but not limited to, projected expenditures as described in its annual planning application, availability of unexpended grant balances, past performance, and sufficient need.
The municipality shall expend funds within three years of the date the funds are appropriated or risk the loss of those funds and funding eligibility in subsequent funding cycles.

(b) For each funding cycle, the Committee shall establish a maximum combined amount of planning incentive grant funds that any municipality may receive from both its base grant and from the competitive grant fund.

The SADC shall identify the total amount of funds available for expenditure in the competitive grant fund for each funding cycle.
If at any time during the funding cycle, a municipality seeks final approval for an eligible farm for which there are insufficient funds remaining in the municipality's base grant, the request for final approval will be applied to the funding available in the competitive grant fund pursuant to N.J.A.C. 2:76-17A.14.

i. Competitive grant funds will be available to municipalities having received approval of an annual planning application submitted pursuant to N.J.A.C. 2:76-17A.7 regardless of base grant eligibility.

Municipalities may continue to qualify for funds available in the competitive grant fund up to the total maximum grant eligibility established pursuant to this subsection.

History

Adopted by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.9 Committee review of an individual farm application from an eligible farm

(a) t any time during the year, but subsequent to the Committee's approval of an annual planning application, and prior to commencement of any appraisals to be submitted to the Committee for review and certification, the municipality shall submit to the Committee the following information for any eligible farm that the municipality intends to commence processing for purchase:

A completed individual farm application;
Appropriate GIS mapping and soils analysis, as required by the Committee;
Clear delineation of all proposed exception areas, whether severable or non-severable, all housing opportunities and all pre-existing nonagricultural uses that shall identify the information in (a)3i and ii below. Exception areas shall be permitted only if they do not cause a substantially negative impact on the continued use of the land for agricultural purposes.

i. The allocation of any residual dwelling site opportunities authorized pursuant to N.J.A.C. 2:76-6.1 7; and

ii. Any other residential opportunities that currently exist on the premises;

Confirmation that the farm meets the minimum eligibility criteria established by the municipality in its comprehensive farmland preservation plan developed in accordance with N.J.A.C. 2:76-17A.4(a)7;
Rank score of the farm based on the municipality's adopted ranking criteria; and
Written notice of the individual farm application to the board.

i. If county funding is sought, the municipality shall confirm that the application meets board minimum eligibility criteria.

(b) The Committee shall conduct a review of the individual farm application and confirm that it is complete and accurate and that it otherwise meets the criteria of (a) above.

If an individual farm application is determined to be complete and meets the criteria as set forth in (a) above, the Committee shall notify the municipality, in writing, that the application is approved and that appraisals may commence pursuant to N.J.A.C. 2:76-17A.10.
If an individual farm application is determined to be incomplete, the Committee shall notify the municipality, in writing, to address the deficiencies.

i. Upon receipt and review of an amended individual farm application that is determined to be complete and meets the criteria as set forth in (a) above, the Committee shall notify the municipality, in writing, that the application is approved and that appraisals may commence pursuant to N.J.A.C. 2:76-17A.10.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.10 Appraisal of eligible farms

(a) Upon Committee approval of an individual farm application pursuant to N.J.A.C. 2:76-17A.9(b), the municipality shall select two appraisers from the list of appraisers approved by the Committee pursuant to N.J.A.C. 2:76-6.22 to conduct independent appraisals of each farm to determine the market value of the development easement for which funding is requested.

The municipality shall provide to the appraisers a completed appraisal order checklist as required by the Committee and a copy of the individual farm application including, but not limited to, residential opportunities, exceptions, soils, wetlands, and any other factors that may affect the market value of the development easement.
The appraisers shall perform appraisals in accordance with procedures detailed in the appraisal handbook for standards at N.J.A.C. 2:76-6.1 0, generally recognized appraisal practices, N.J.S.A. 4:1C-11 et seq., and N.J.S.A. 13:8C-1 et seq., P.L. 1999, c. 152 and the Committee's appraisal handbook.

(b) The two appraisers shall certify the current market value of the development easement as of a uniform date established by the municipality pursuant to (a)1 above.

(d) Upon completion of the appraisals, the appraisers shall forward the appraisal reports to a person designated by the municipality, who shall review the reports for completeness of contractual requirements.

(e) The municipality shall forward the completed appraisals to the Committee.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.11 Committee certification of development easement values

(a) The Committee shall review appraisals of eligible farms only after they have been authorized for appraisal pursuant to N.J.A.C. 2:76-17A.9(b).

(b) The Committee shall appoint a review appraiser to evaluate the appraisals submitted by the municipality and to recommend a market value of the development easement for each farm. The review appraisal shall be conducted in accordance with the appraisal standards contained in N.J.A.C. 2:76-10.

(c) The Committee shall have final authority for certifying the market value of the development easement pursuant to N.J.A.C. 2:76-6.8.

(d) The Committee shall certify the market value of the development easement and report the certified value to the municipality.

If the appraisal is not amended to comply with the appraisal handbook or generally recognized appraisal practice within 60 days of the Committee review appraiser requesting such amendments, the Committee may invalidate the appraisal.

N.J. Admin. Code § 2:76-17A.12 Landowner offer

(a) Within 30 days of receipt of the Committee's certification of market value of the development easement, the municipality shall report the certified value to the landowner.

The municipality may negotiate a purchase price of the development easement for an amount greater than or less than the Committee's certified market value of the development easement, but not greater than the higher of the two independent appraised development easement values determined pursuant to N.J.S.A. 4:1C-31(c) and 13:8C-1 et seq., P.L. 1999, c. 152 and N.J.A.C. 2:76-17A.1 1.
If applicable, the municipality shall inform the landowner of the terms and conditions of any installment purchase agreements, options or potential donations.

(b) Within 60 days of the landowner's receipt of the Committee's certification of market value of the development easement, the landowner shall submit, in writing, an acceptance or rejection of the offer. A copy of the acceptance or rejection shall be provided to the Committee.

An offer by a landowner requesting to sell his or her development easement for a value that is greater than the higher of the two independent appraised development easement values determined pursuant to N.J.S.A. 4:1C-31.c, and 13:8C-1 et seq., P.L. 1999, c. 152, and N.J.A.C. 2:76-17A.11 shall be deemed a rejection of the offer.
IIf the landowner accepts the municipality's offer, and the development easement is to be held by the county, the municipality shall cause the preparation of an agreement between the landowner and the municipality and/or county, contingent upon the municipality's final review pursuant to N.J.A.C. N.J.A.C. 2:76-17A.13, the Committee's final review pursuant to N.J.A.C. 2:76-17A.14, and the board's final approval. A copy of the agreement shall be provided to the Committee, if requested, and to the board.

i. If the development easement is to be held by the Committee, the municipality shall request the Committee to prepare an agreement between the landowner and the Committee contingent on all appropriate final reviews pursuant to (b)2 above. A copy of the agreement shall be provided to the municipality.

If a landowner rejects an offer for an amount equal to or greater than the certified market value, the Committee shall not accept for processing any individual farm application or application for sale of land in fee simple pursuant to the planning incentive grant program or any other farmland preservation program authorized pursuant to N.J.S.A. 4:1C-11 et seq., 13:1C-1 et seq., or 13:8C-43 et seq., for two years from the date that the municipality originally submitted an individual farm application. This provision applies only to an application from the same landowner for the same farm property.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.13 Final municipal review

(a) The municipality shall approve or disapprove the acquisition of a development easement on an eligible farm based on total available funding and provide the following to the Committee:

A commitment of funding by the municipality and each level of government that is providing funding, as evidenced by an adopted resolution of each governing body.

i. In the event that the county is providing funding, the individual farm application shall initially be submitted to the board. In such event, the county shall hold title to the development easement.

ii. In the event that the county is not providing funding, the municipality must notify the board, in writing, that an individual farm application was granted final approval and submitted to the Committee for final review. In such event, the Committee shall hold title to the development easement.

iii. In the event that the municipality is pre-acquiring the development easement, it shall adopt the appropriate ordinance pursuant to the Local Lands and Building Law, N.J.S.A. 40A:12-1 et seq. The municipality shall transfer title to the development easement to the county in the event the county is providing funding, or shall transfer title to the development easement to the Committee in the event the county is not providing funding;

A commitment of funding in the event the development easement shall be acquired under installment purchase pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-32, as amended; and
In the event that a donation or other method of leveraging monies authorized pursuant to the Garden State Preservation Act, P.L. 1999, c. 152 (N.J.S.A. 13:1C-1 et seq.), is being utilized, a commitment of funding as required to purchase the easement.

(b) Nothing in this subchapter shall be construed to require that any eligible farm in a project area shall receive a price per acre that is the same as any other eligible farm in that project area or that any eligible farm must be purchased with installment payments because other eligible farms in the project area are so purchased.

(c) No development easement shall be purchased at a price greater than the higher of the two independent appraised values determined pursuant to N.J.S.A. 4:1C-31.h.

(d) In the event that there are insufficient county, municipal, or other non-SADC funds to acquire development easements on all of the eligible farms, the municipality shall establish a priority ranking of farms pursuant to its ranking criteria and N.J.A.C. 2:76-6.10(a)1 i and shall forward to the Committee requests for final approval only for those farms for which there is a sufficient local funding commitment.

(e) Copies of the municipal governing body's resolution, county governing body's resolution and the board's resolution approving the funding proposal and the purchase of the development easement shall be submitted to the Committee.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.14 Final committee review

(a) The Committee shall review all requests for funding for the purchase of a development easement on an eligible farm approved by the municipality for compliance with all applicable statutes, rules, regulations, and policies.

The Committee shall confirm receipt of appropriate resolutions from the municipality, and if funding is being provided, the board and governing body of the county approving of the purchase of a development easement and dedicating sufficient funds to account for local cost share.
The Committee shall confirm receipt of the adopted ordinance if appropriate pursuant to N.J.A.C. 2:76-17A.1 3(a)1i.
The Committee shall confirm receipt of the agreement between the municipality and/or county, and the landowner.

(b) The Committee's cost share for the purchase of the development easement shall be consistent with the provisions of N.J.A.C. 2:76-6.11(d). The Committee may approve a cost share grant for any farm that qualified for final approval and for which there are sufficient funds available in the municipality's base grant.

(c) In the event that there are insufficient funds available in a municipality's base grant to acquire a development easement on the farm(s) being submitted for final approval by the municipality, the municipality may request additional funding from the competitive grant fund.

(d) The Committee shall, if necessary, establish a priority ranking that will prioritize applications for grants from the competitive grant fund based on the number of cumulative points awarded according to the following criteria, subject to a municipality's maximum funding eligibility and available funding:

The density score of the project area expressed as the ratio between the total area of the properties listed at N.J.A.C. 2:76-17A.5(a)2, 3, 4, 5, and 6 and the total area of the project area, is determined as follows:

The soil productivity score of the important farmland soils present on targeted farms within the project area expressed as the ratio between the total area of the important farmland soils identified at N.J.A.C. 2:76-17A.4(a)2 i, ii, and iii and the total area of the targeted farms within the project area, is determined as follows:

The relative best buy score of the farm is determined as follows: Click here to view

Formula Index X 200 = Total points

The total score for the eligible farm is equal to the sum of (d)1, 2, 3, and 4 above.

(e) If further prioritization is necessary, the Committee shall give funding priority to those farms that utilize option agreements, installment purchases, donations, or other methods for the purpose of leveraging monies made available by the Garden Preservation Trust Act, P.L. 1999, c. 152 (N.J.S.A. 13:8C-1 et seq.), the Preserve New Jersey Act, P.L. 2016, c. 12 (N.J.S.A. 13:8C-43), or by any appropriation to the Committee for farmland preservation purposes.

(f) In the event that the approval requires a schedule of installment payments, the Committee shall enter into an agreement for the provision of grant funds with the municipality and, if appropriate, the county, pursuant to N.J.A.C. 2:76-17A.20(c), subject to the following:

The provisions of N.J.S.A. 4:1C-32, as amended; and
The Garden State Preservation Trust Act, P.L. 1999, c. 152 (N.J.S.A. 13:8C-1 et seq.), the Preserve New Jersey Act, P.L. 2016, c. 12 (N.J.S.A. 13:8C-43 et seq.), or by any appropriation to the Committee for farmland preservation purposes.

(g) The Committee shall inform the municipality and, if appropriate, the board, of its decision.

(h) The Committee shall post on its website the status of available funds following the Committee's issuance of final approval.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.15 Deed restrictions

(a) Deed restrictions shall be attached to and recorded with the deed of the land and shall be consistent with N.J.A.C. 2:76-6.1 5.

(b) The development easement shall be held by the Committee, or by the appropriate county if county funds are utilized, in the purchase of a development easement on a farm.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.16 Terms, contingencies, and conditions of purchase

(a) Terms, contingencies and conditions of a purchase shall be consistent with the provisions of N.J.A.C. 2:76-6.1 3.

For monitoring purposes, if the county does not provide funding toward the purchase of the development easement, the Committee shall be responsible for monitoring the farm annually to ensure compliance with the deed of easement.

(b) Submissions for eligible ancillary cost reimbursement, pursuant to N.J.A.C. 2:76-6.11(d)3, must be submitted within 120 days of the purchase of a development easement.

History

Amended by 52 N.J.R. 1549(a), effective 8/3/2020

N.J. Admin. Code § 2:76-17A.17 [Reserved]

History

Repealed by 52 N.J.R. 1549(a), effective 8/3/2020

Subchapter 18 AGRICULTURAL MEDIATION PROGRAM

N.J. Admin. Code § 2:76-18.1 Applicability

(a) This subchapter establishes procedures to be followed by certified mediators, disputants and State Agriculture Development Committee staff for implementing the New Jersey Agricultural Mediation Program as administered by the State Agriculture Development Committee.

(b) The Committee's Agricultural Mediation Program is a certified mediation program, in that it meets the United States Department of Agriculture-Farm Service Agency's (USDA-FSA's) requirements for certification.

(c) The Committee shall offer the services of the Agricultural Mediation Program to disputants provided there is adequate funding for the program.

N.J. Admin. Code § 2:76-18.2 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Agreement to Mediate" means a document wherein the assigned certified agricultural mediator and disputants are named, the nature of the dispute is identified and the terms and conditions of the mediation proceedings are outlined.

"Certified agricultural mediator" means an impartial third party neutral (mediator) who has satisfied the requirements of the Committee and facilitates communication between disputants for the purpose of assisting them in reaching a mutually acceptable agreement.

"Confidentiality" means the mediator and disputants shall not disclose any written or oral communication divulged during the mediation process, unless it is expressly agreed upon by all parties to a mediation that such communications may be divulged. Unless the participants otherwise consent, no disclosure made by a party shall be admitted as evidence against the party in any such proceeding by independent evidence, and the mediator shall not be called as a witness in any subsequent proceedings.

"Disputant" means any person engaged in a dispute and, during a mediation proceeding, who is a primary decision maker.

"Dispute" means a disagreement between two or more parties who perceive incompatible goals and/or interference from the other party in achieving their goals with respect to one or more of the following issues:

Nuisance allegations;
Wetlands determinations;
Compliance with farm programs, including conservation programs;
Agricultural credit;
Rural water loan programs;
Pesticides;
As concerns activities as addressed in the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., and disputes or other matters that could adversely affect a farm's agricultural productivity or viability;
Farmer-neighbor disputes--including issues between a farmer and neighbor; and issues between a farmer and local government entity;
Lease disputes--including issues related to leasing land, equipment, livestock, storage facilities, farm buildings, solar energy generation facilities, and other farm-related items;
Farm transition matters--including transfer and succession issues within a family; between a family, person, or entity and an unrelated person, family, or entity; or that occur prior to, during, or after a farm transition planning or implementation process;
Any issues authorized for mediation by Federal agricultural laws or regulations; or
Such other issues as the Secretary of Agriculture considers appropriate for better serving the agricultural community and persons eligible for mediation.

"Mediation" means a process including the intake and scheduling of cases, the provision of background information regarding the mediation process, financial advisory and counseling services (as appropriate), and the mediation sessions in which a trained, neutral person assists disputants in voluntarily reaching their own settlement of issues, even for those cases that are resolved prior to a formal mediation session.

History

Amended by 56 N.J.R. 1177(a), effective 7/1/2024

N.J. Admin. Code § 2:76-18.3 Certification and assignment of mediators

(a) Persons interested in becoming certified agricultural mediators shall contact the Committee in writing.

(b) In order to be qualified as an agricultural mediator, each mediator shall be certified as having satisfied the requirements of a Committee-approved agricultural mediation training session, which shall be a minimum of 18 hours of core mediator knowledge and skills training, including role-play simulations of mediated disputes, as provided by the Committee.

(d) Certified agricultural mediators shall be placed on the Committee's certified list according to where they reside, in alphabetical order based on their last names.

(e) The certified list shall be divided into three regions: Northern New Jersey (representing the counties of Bergen, Essex, Hudson, Passaic, Sussex and Warren), Central New Jersey (representing the counties of Hunterdon, Mercer, Middlesex, Monmouth, Morris, Somerset and Union) and Southern New Jersey (representing the counties of Atlantic, Burlington, Cape May, Camden, Cumberland, Gloucester, Ocean and Salem).

(f) Mediators shall be selected and assigned cases on a rotating basis from the certified list representing the geographic region where the dispute occurs.

In the event the selected mediator is unavailable for the assigned mediation, the next mediator on the certified list in the appropriate region shall be assigned to the case.

N.J. Admin. Code § 2:76-18.4 Duties of certified agricultural mediators

(a) Mediation is a voluntary process for settlement negotiation. In performing his or her duties, an agricultural mediator shall:

Act as a third party and not represent any disputant;

Not give legal advice in any capacity relating to or in the rendering of services;
Not have the power or the authority to compel or enforce settlements;

Not have conflicts of interest with respect to matters to be mediated or parties involved in mediation;

Not have subpoena power; and

Comply with this section.

N.J. Admin. Code § 2:76-18.5 Mediation initiation

(a) A request for voluntary mediation shall be submitted to the Committee in writing.

(b) In the event that a court of law mandates agricultural mediation, a copy of the document mandating mediation shall be submitted to the Committee by the appropriate court personnel or the disputants.

(c) The Committee shall provide a standard request for voluntary mediation form to mediation requesters which shall require the following information:

Requesters' name(s), address(es) and telephone number(s);
A brief description of the dispute;
The nature of the requesters' relationship to the party(ies) with which the requester(s) has/have a dispute; and
The name(s), address(es) and telephone number(s) of the party(ies) with which the requester(s) has/have a dispute.

N.J. Admin. Code § 2:76-18.6 Agreement to Mediate

(a) Upon receipt of the completed standard form, the Committee shall forward copies of the standard form and an Agreement to Mediate provided by the Committee to the named disputants along with an explanation of the mediation process.

(b) No mediation shall be conducted until all participants sign the Agreement to Mediate as provided by the Committee, and the Committee is in receipt of same.

Additional parties may participate in a mediation proceeding by signing the Agreement to Mediate and by obtaining the consent of the parties signing the request for mediation.

The Committee shall be in receipt of the revised Agreement to Mediate prior to the commencement of the mediation session.

The name of the mediator appointed by the Committee;
A brief statement of the issue to be mediated;
The names of the disputants;
An agreement not to subpoena either the mediator or data gathered for the mediation session to prove facts alleged in an action concerning the same subject matter;
A statement waiving participants' rights to take civil action against the Committee and the designated mediator or agent of the mediation program, and release the Committee and its designated mediator from civil liability within the scope of the mediation services; and
A statement agreeing to follow the written terms of any settlement agreement arising out of the mediation process.

N.J. Admin. Code § 2:76-18.7 Mediation Agreement

(a) Every mediator retained by the Committee shall enter into a Mediation Agreement with the Committee setting forth the terms and conditions for the mediation services to be provided for each mediation session.

(b) Mediators shall be compensated for their services at an agreed-upon rate which will be reflected in the Mediator Agreement between the mediator and the Committee.

Mediators shall receive compensation for travel expenses in an amount not to exceed the amount allowed State employees.
Mediators shall be reimbursed for other necessary expenses, including meals, tolls and parking, agreed to by the mediator and the Committee. Any expenses not agreed to by the mediator and the Committee shall not be reimbursed.
Mediators shall, at the termination of mediation, file with the Committee a statement on a form approved by the Committee listing the number of hours of mediation conducted, fee totals for mediation services, and any compensation for travel or other reimbursable expenses.

N.J. Admin. Code § 2:76-18.8 Mediation proceedings

(a) Mediation proceedings shall be conducted by the mediator at times and locations which are agreed upon by the parties and the mediator, and coordinated through the Committee.

(b) Mediation proceedings shall commence with an opening statement by the mediator describing the purpose and procedures for the process.

(c) The mediator may hold joint or separate meetings with the disputants, and the mediator may request other persons to participate in the mediation proceedings, upon written consent of the original disputants. Parties may have representatives present at mediation sessions. The mediator shall regulate the proceedings to prevent disruptions, and may terminate mediation sessions in his or her discretion.

(d) Absolute confidentiality of all material and information shall be strictly maintained. All statements made during the mediation process are deemed to be privileged and inadmissible for any purpose in any proceeding, unless it is expressly agreed upon by all parties to a mediation that such communications may be divulged. The parties shall not subpoena or otherwise require the mediator to testify or produce records, reports, notes or other documents reviewed, received, or prepared by the mediator during the course of the mediation process.

(e) No stenographic record or tape recording of the mediation session shall be permitted.

(f) With respect to the parties to the mediation, no mediator shall:

Provide legal or other advice to the parties in a mediation proceeding, or offer or deliver services, other than mediation services on any issue raised in the mediation session;
Solicit or accept from any person or entity, either directly or indirectly, anything of value;
Disclose confidential information gained as a result of his or her service as a mediator, except upon agreement with the parties and the Committee;
Use information gained as a result of his or her service as a mediator in any way which could result in the receipt of anything of value by the mediator or any person or organization with which the mediator is associated; and
Use or attempt to use his or her position as a mediator to gain unlawful benefits, advantages or privileges for himself or herself, or for others.

(g) A mediator shall disclose to the Committee, and to the parties to a mediation session, every potential conflict of interest and every other matter which may affect the mediator's ability to act in a fair, diligent and impartial manner during the proceeding. A mediator shall withdraw from the proceeding if the mediator is unable to act in a fair and impartial manner.

(h) Interim and final agreements of the parties, if any, shall be reduced to writing and placed on a form provided by the Committee. The mediator shall assist in the preparation of the written agreement. The mediator shall forward the original, executed agreement to the Committee and it is the responsibility of the Committee to distribute copies of the agreements to all parties to the mediation.

(i) If an agreement is not reached, the mediator shall prepare a Notice of Termination of Mediation, on a form provided by the Committee, and have it executed by all parties. The mediator shall forward the Notice of Termination to the Committee and it is the responsibility of the Committee to distribute copies of the Notice of Termination to all parties to the mediation.

(j) Agreements may provide for continued mediation at a future date. The parties to a mediation proceeding are solely responsible for any agreement reached, and for the enforcement of any agreement. An agreement is subject to applicable laws and court orders, and is subject to the exercise of rights by persons not parties to the agreement. All agreements requiring acceptance by a party not participating in the process shall be considered tentative, non-binding agreements until such acceptance has been obtained.

N.J. Admin. Code § 2:76-18.9 Mediator and disputant withdrawal

(a) Any party shall have the right, upon written request, to direct the Committee to select a different mediator prior to the initial mediation meeting.

(b) Upon written agreement by the parties and the Committee, the mediation proceedings shall continue with a new mediator.

(c) In the case of a mediation with multiple disputants, a mediation session shall continue if one or more parties withdraw, upon agreement by the remaining parties.

(d) A party or a mediator may withdraw from mediation at any time. The party or mediator shall notify the Committee of his or her withdrawal and set forth the reasons for same.

N.J. Admin. Code § 2:76-18.10 Annual renewal of mediator certification

(a) The Committee shall annually review and renew the certificates of certified mediators to ensure satisfactory performance of mediation responsibilities and completion of continued training by June 30th of each year.

In order to have his or her certification renewed, a certified mediator, if assigned a case(s) during the fiscal year, must have satisfied the requirements of this subchapter, and must have completed continued training pursuant to (c) below.
If a certified agricultural mediator has not been assigned a case(s) during the fiscal year, his or her certification shall be renewed, provided they have completed the continued training pursuant to (c) below.

(b) The Committee shall schedule training courses as necessary to maintain a list of certified mediators to satisfy the requests for services.

(c) Continuing training. Commencing in the year following certification as an agricultural mediator, all mediators shall annually complete, in-person or in a virtual setting, four hours of continued training and shall file with the Committee, as appropriate, an annual certification of compliance. This requirement shall be deemed satisfied if the continued training reinforces and/or enhances at least one of the following:

Mediation and negotiation concepts and skills;
Other professional matters related to mediation, including ethical issues associated with mediation practice, case management skills, conflict management and communication skills, how to conduct mediation in a virtual or hybrid setting, or other matters;
Knowledge of agricultural topic areas appropriate to the Agricultural Mediation Program; and
Mediation topics covered in a continuing training that satisfies the requirements pursuant to N.J. Court Rule N.J.S.A. 1:40-12(b).

History

Amended by 56 N.J.R. 1177(a), effective 7/1/2024

Subchapter 19 VALUATION OF DEVELOPMENT EASEMENTS IN THE PINELANDS AREA

N.J. Admin. Code § 2:76-19.1 Applicability

This subchapter applies to the valuation of development easements in three management areas of the Pinelands area (agricultural production areas, special agricultural production areas, and preservation areas) whenever the value of a development easement on farmland to be acquired using constitutionally dedicated moneys in whole or in part pursuant to the Garden State Preservation Trust Act, P.L. 1999, c. 152, is determined based upon the value of any Pinelands Development Credits allocated to the parcel pursuant to P.L. 1979, c.111 and the Pinelands Comprehensive Management Plan adopted pursuant thereto.

N.J. Admin. Code § 2:76-19.2 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Agricultural production areas" means those areas established by the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-5.1 3(c).

"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by the provisions of N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32 and any relevant rules or regulations promulgated pursuant thereto.

"Pinelands area" means that area defined in N.J.S.A. 13:18A-3h and designated by N.J.S.A. 13:18A-11.

"Pinelands Development Credit" or "PDC" means a transferable development right created pursuant to the Pinelands Comprehensive Management Plan, and further defined by N.J.S.A. 13:18A-32h and N.J.A.C. 3:42-2.2.

"Pinelands National Reserve" means the approximately 1,000,000 acre area so designated by section 502 of the National Parks and Recreation Act of 1978, 16 U.S.C. § 471i., Pub. L. 95-625.

"Preservation area" means that area defined in N.J.S.A. 13:18A-3j and designated by N.J.S.A. 13:18A-11b.

"Protection area" means that portion of the Pinelands area not included within the preservation area, as defined in N.J.S.A. 13:18A-3k.

"Reasonably contiguous" means within one mile.

"Regional growth areas" means those areas as defined in the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-5.1 3(g).

"Special agricultural production areas" means those areas established by the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-5.1 3(d).

"Streams" means bodies of water which continuously contain moving water or which form a link between two bodies of standing water.

"Towns" means those areas established by the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-5.1 3(f).

"Villages" means those areas established by the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50-5.1 3(f).

N.J. Admin. Code § 2:76-19.3 Valuation of development easements

(a) Development easements shall be valued by adjusting the base value of the easement as determined in accordance with N.J.A.C. 2:76-19.4 pursuant to the factors set forth in this subchapter.

(b) Landowners shall have a choice of having their development easements appraised pursuant to this subchapter or pursuant to N.J.S.A. 4:1C-31.

(c) For those properties on which a portion of the total amount of PDCs allocated have been severed and on which Pinelands restrictions have been placed, the remaining portion of the property (on which PDCs have not been severed and on which Pinelands restrictions have not been placed) shall be eligible for valuation pursuant to this subchapter. Properties on which all allocated PDCs have been severed (and on which Pinelands restrictions have been placed), except for a portion reserved for the sole purpose of constructing residences or other buildings on the property, shall not be eligible for valuation pursuant to this subchapter.

N.J. Admin. Code § 2:76-19.4 Base value

(a) The base value of a development easement shall be determined according to whether the property is uplands or wetlands and the allocation of Pinelands Development Credits on the property from which the development easement will be conveyed.

For those development easements on property located in Pinelands area where the property is eligible for a Pinelands Development Credit (PDC) allocation of two PDCs per 39 acres (uplands and cultivated lands), the base value of the development easement shall be $ 1,600 per acre.
For those development easements on property located in Pinelands Area where the property is eligible for a Pinelands Development Credit allocation of 0.2 PDCs per 39 acres, the base value of the development easement shall be $ 160.00 per acre.
For those development easements on property located in Pinelands area where the property is eligible for a Pinelands Development Credit allocation of one PDC per 39 acres, the base value of the development easement shall be $ 800.00 per acre.

(b) If the property contains both uplands and wetlands, a weighted formula shall be utilized based on the percentage of uplands and the percentage of wetlands.

Example: A farm contains a total of 42 acres; 35.7 acres are uplands (85 percent) and 6.3 acres are wetlands (15 percent). The base value is (85 percent x $ 1,600) + (15 percent x $ 160.00), or $ 1,384 per acre.

(c) In the event that a landowner chooses to place a deed restriction on his or her property limiting impervious coverage on the property pursuant to N.J.A.C. 2:76-19.1 3, then the base value for that property shall be:

$ 1,800 per acre for property that is eligible for a PDC credit allocation of two PDCs per 39 acres;
$ 180.00 per acre for property that is eligible for a PDC allocation of .2 PDCs per 39 acres; and
$ 900.00 per acre for property that is eligible for a PDC allocation of one PDC per 39 acres.

N.J. Admin. Code § 2:76-19.5 Adjustments to base value, generally

(a) The base values of a development easement shall be adjusted by the following:

Regional Environmental Quality Areas;
Site-specific environmental quality factors;

Scenic corridors and access to markets;

On-site septic suitability;
Agriculture viability factors; and
Special importance environmental resource factors.

(b) Adjustments to base values shall not be cumulative. Each adjustment shall be made on the original base value.

N.J. Admin. Code § 2:76-19.6 Regional Environmental Quality Areas

(a) The base value shall be increased by the percentage factor associated with the environmental quality area in which the property is situated. Only one area adjustment factor shall be applied to each development easement. If the property on which a development easement is being valued lies within two environmental quality areas, the area in which the majority of the property lies shall apply.

Northern Environmental Quality Area (consisting of those properties in the Protection Area in Ocean County, but which are not in the Pinelands National Reserve)--24 percent;
Western Environmental Quality Area (consisting of properties located in the Protection Area in Burlington County and properties that are reasonably contiguous to the Protection Area in Burlington County)--44 percent;
Central Environmental Quality Area (consisting of properties located in the Protection Area in Camden and Atlantic Counties)--33 percent;
Southern Environmental Quality Area (consisting of properties located in the Protection Area in Gloucester and Cumberland Counties)--15 percent;
Pinelands National Reserve Area (consisting of properties located in the Pinelands National Reserve, but not in the Pinelands Area, in Ocean, Atlantic, Cumberland and Cape May Counties)--24 percent; and
Preservation Area (consisting of properties located in the Preservation Area which do not fall within any of the other areas)--14 percent.

N.J. Admin. Code § 2:76-19.7 Site-specific environmental quality factors

The base value shall be increased based upon the property's proximity to towns, regional growth areas, Pinelands area boundaries, and villages, pursuant to the following chart. The maximum adjustment for this factor shall be 25 percent.

| Distance to Management Area and | | --- | | Pinelands Area Boundary (Miles) |

| Management Area | <0.5 | 0.5-2.0 | 2.0-4.0 | 4.0-6.0 | >6.0 | | --- | --- | --- | --- | --- | --- | | Town or Regional | | | | | | | Growth Area | | | | | | | or | | | | | | | Pinelands Area | | | | | | | Boundary | 15% | 15% | 10% | 5% | 0% | | Village | 10% | 5% | 0% | 0% | 0% |

N.J. Admin. Code § 2:76-19.8 Scenic corridors and access to markets

(a) The base value shall be increased based upon the property's proximity to roads which provide access to scenic corridors and markets in which agricultural products may be sold or purchased, pursuant to the following chart. No more than two factors may be utilized.

| Distance to Highways and Roads in Miles | | --- |

| .5mi. | .5-2 mi. | 2-4 mi. | 4-6 mi. | 6-8 mi. | | | --- | --- | --- | --- | --- | --- | | Limited Access | | | | | | | Highway | 20% | 20% | 15% | 10% | 5% | | Federal or State | | | | | | | Highway | 15% | 10% | 5% | 0% | 0% | | County Road | 10% | 5% | 0% | 0% | 0% | | Municipal Road | 5% | 0% | 0% | 0% | 0% | | Unpaved | 0% | 0% | 0% | 0% | 0% |

(b) The base value shall be increased based upon the following road frontage ratios. Road frontage shall be the ratio of total road frontage, measured in feet, to total property size, measured in acres.

Greater than 30:1--10 percent;
11:1 to 30:1--six percent; and
1:1 to 10:1--two percent.

N.J. Admin. Code § 2:76-19.9 On-site septic suitability

(a) The base value shall be adjusted for the property's on-site septic suitability rating as one indicator of the environmental conditions on the parcel under the provisions of the Pinelands Comprehensive Management Plan. Base values shall be increased based upon the following septic suitability limitations:

Seventy-six percent to 100 percent slight limitations--10 percent;

Fifty-one percent to 75 percent slight limitations--seven percent;

Twenty-six percent to 50 percent slight limitations--five percent; and

Five percent to 25 percent slight limitations--two percent.

N.J. Admin. Code § 2:76-19.10 Agriculture viability

(a) The base value shall be increased based upon the type of soil on the property pursuant to the following chart. The maximum adjustment for this factor shall be 20 percent.

| Statewide | | | | | --- | --- | --- | --- | | Prime | Importance | Unique | | | 76% to 100% | 20% | 18% | 12% | | 51% to 75% | 15% | 14% | 9% | | 26% to 50% | 10% | 9% | 6% | | Less than 26% | 5% | 4% | 3% |

(b) If the property is reasonably contiguous to land that has been permanently preserved, the base value shall be increased by 12 percent.

N.J. Admin. Code § 2:76-19.11 Special importance environmental resource factors

(a) If the property contains lakes and reservoirs that significantly impact the recharge of the Cohansey Aquifer, contain water year round, and are greater than two acres, the base value shall be increased by .375 percent per acre pursuant to N.J.A.C. 2:76-19.1 2. The maximum adjustment for this factor shall be 15 percent pursuant to N.J.A.C. 2:76-19.1 2.

(b) If the property contains any streams, the base value shall be increased by 20 percent pursuant to N.J.A.C. 2:76-19.1 2.

N.J. Admin. Code § 2:76-19.12 Wetlands and wetlands transition areas

(a) If a property contains lakes and reservoirs as described in N.J.A.C. 2:76-19.1 1(a) or streams as described in N.J.A.C. 2:76-19.1 1(b), the owner of the property shall choose between one of the following options:

Receiving an increase in base value pursuant to N.J.A.C. 2:76-19.1 1 and having the following deed restriction placed on the property:

"Agricultural use of wetlands and areas within 300 feet of wetlands ("wetlands transition areas") shall be consistent with subchapter 6 of the Pinelands Comprehensive Management Plan, N.J.A.C. 7:50-6, as may be amended from time to time. Specifically, except for horticulture of native Pinelands species, berry agriculture, and beekeeping, agriculture shall not be permitted in wetlands and wetlands transition areas, except if such agricultural uses existed prior to the promulgation of the Pinelands Comprehensive Management Plan in 1979 or if the Comprehensive Management Plan is amended to permit such uses."

Not receiving an increase in base value pursuant to N.J.A.C. 2:76-19.1 1 and not being required to place the deed restriction contained in N.J.A.C. 2:76-19.1 2(a)1 on the property.

N.J. Admin. Code § 2:76-19.13 Impervious coverage

A landowner may choose to receive a higher base value pursuant to N.J.A.C. 2:76-19.4(c) by placing a deed restriction on his or her property that limits impervious coverage on the property. The impervious coverage limitation shall be 10 percent of the total property acreage, and shall include, but not be limited to, houses, barns, stables, sheds, silos, outhouses, cabanas and other buildings, swimming pools, docks, or decks. Temporary greenhouses and other temporary coverings which do not have impervious floors shall be excluded from the computation of the impervious coverage area. If the landowner chooses to increase the base value pursuant to N.J.A.C. 2:76-19.4(c), he or she shall place such impervious coverage limitations on his or her property.

N.J. Admin. Code § 2:76-19.14 Maximum development easement value

In no instance shall the development easement value calculated pursuant to this subchapter exceed 80 percent of the fee simple market value of the property as determined by the Committee.

Subchapter 20 FARMLAND STEWARDSHIP PROGRAM

N.J. Admin. Code § 2:76-20.1 Applicability

This subchapter sets forth State Agriculture Development Committee rules which provide for a landowner, or a farm operator as an agent for the landowner, whose land is within a permanent farmland preservation program, to apply for and receive grants for farmland stewardship projects.

N.J. Admin. Code § 2:76-20.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Agricultural use" means the use of land for common farmsite activities including, but not limited to:

Production, harvesting, storage, grading, packaging, processing and the wholesale and retail marketing of crops, plants, animals and other related commodities; and
The use and application of techniques and methods of soil preparation and management, fertilization, weed, disease and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.

"Aquatic organism" means and includes, but is not limited to, finfish, mollusks, crustaceans, and aquatic plants which are the property of a person engaged in aquaculture.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Costs" mean monetary outlays for those projects to be installed or contracted for in implementing an approved farmland stewardship feasibility plan including, but not limited to, professional fees, supplies, materials, equipment, office or facility expenses and contractual services as determined by the Committee.

"Eligible projects" mean the projects necessary to improve the profitability, efficiency and farm income of farm operations deemed eligible by the Committee and for which an approved feasibility plan has been prepared.

"Established farmer" means an owner-operator or immediate family member of the owner-operator of a family farm who actively participates in the operation and management of a farming operation, is a resident of the State of New Jersey, spends a substantial portion of time in carrying out a farming operation and planted a crop or acquired livestock or aquatic organisms which were on the farm at the time of the completion of the feasibility plan application. If the applicant is a cooperative, a corporation, a partnership or a joint operation, it must be primarily engaged in farming, that is, the applicant entity must derive over 50 percent of its gross income from all sources from its farming operation and its principle place of business shall be in New Jersey.

"Farmland preservation program" means any permanent program as developed pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-1 et seq., the Garden State Preservation Trust Act, P.L. 1999, c. 180, N.J.S.A. 4:1C-43.1, N.J.S.A. 4:1C-31.1 and which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within the agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32 and the maintenance and support of increased agricultural production as the first priority use of that land from which a permanent development easement has been acquired or retained for farmland preservation purposes and which land is eligible for the benefits of the farmland preservation program.

"Farm transfer plan" means an assessment of the legal, social and economic factors involved in transferring the ownership of the preserved farm and its assets, including equipment, supplier lists, and customer mailing lists.

"Feasibility plan" means a plan which shall consist of the components as set forth in N.J.A.C. 2:76-20.1 4 and shall only recommend projects that are necessary and may feasibly result in enhancing the economic viability of the farm operation.

"Implementation projects" are projects recommended in approved feasibility plans that may feasibly result in enhancing the economic viability of the farm operation.

"Lead coordinator" means a technical consultant who shall assist in the assemblage of technical teams and the preparation and submission of feasibility plans.

"Personal property" means temporary or movable property as distinguished from real property, and used for non-farm purposes.

"Technical consultant" mean a specialist who shall have a minimum of five years of experience in a particular field of expertise and has applied to and has been approved by the Committee to participate in the preparation of feasibility plan(s) under the Farmland Stewardship Program.

N.J. Admin. Code § 2:76-20.3 Applicant eligibility

(a) Any landowner enrolled in a farmland preservation program is eligible to apply for State funding assistance for farmland stewardship cost-share projects approved by the Committee and promulgated in this subchapter, provided he or she is an established farmer.

(b) Implementation projects shall not be in violation of restrictions as found in the Deed of Easement.

N.J. Admin. Code § 2:76-20.4 Availability of State farmland stewardship cost-share funds

(a) Grant amounts available to established farmers shall be in the form of a 50 percent matching grant, with 50 percent of the cost associated with the project provided by the established farmer.

(b) Grant amounts available to established farmers shall be based on common deed ownership, shall not exceed $ 200.00 per acre and shall not exceed a total grant amount of $ 20,000 per application.

(c) The applicant shall not be eligible to apply for additional Farmland Stewardship Program cost-share grants for a period of at least eight years from the date of completion of a previously approved feasibility plan and/or implementation project.

N.J. Admin. Code § 2:76-20.5 Feasibility plan application contents and procedure

(a) An applicant agrees that, as a condition of approval for a farmland stewardship cost-share grant, a feasibility plan shall be prepared by a team of technical consultants.

(b) An applicant shall apply directly to the Committee for up to 50 percent of the cost of implementing a farmland stewardship project(s).

A full description of the current agricultural activities occurring on the land including: the type and quantity of crops, number of livestock, and/or acreage leased or used by others and the applicant for agricultural purposes;
A statement of the present financial situation of the farm including the gross farm income, copies of Internal Revenue Service forms Schedule F or 1120S for the three most recent tax years and a net worth statement;
A statement identifying any farm debt;
A statement indicating if the established farmer has income from employment other than farm income identified in (c)2 above;
A statement as to the established farmer's history of farm operation and management;
A statement as to the established farmer's history of agricultural education; and
Authorization for the Committee to visit, by appointment, the farmland which is the subject of the feasibility plan.

(d) The Committee shall advise the applicant of program provisions and policies that may assist the applicant in his or her completion of the feasibility plan application.

(e) The Committee may authorize its staff to carry out the functions necessary to administer the farmland stewardship cost-share grant program.

N.J. Admin. Code § 2:76-20.6 Committee feasibility plan application review

(a) The Committee shall notify the applicant in writing of its receipt of the feasibility plan application.

(b) If the Committee makes an initial determination that the feasibility plan application is ineligible due to non-conformance with the provisions of this subchapter, the Committee shall notify the applicant in writing. The Committee's notification shall include methods by which the applicant may conform with the provisions of this subchapter, if appropriate.

N.J. Admin. Code § 2:76-20.7 Committee feasibility plan application approval process

(a) Following Committee coordination with other cost-share programs, the Committee shall review the feasibility plan application for program conformance.

(b) Upon verification that all eligibility criteria and other program provisions have been satisfied, the Committee shall approve, conditionally approve, or reject the feasibility plan application.

(c) In the event that the feasibility plan application is conditionally approved, the Committee shall inform the applicant of methods which the applicant may employ in order to conform with the provisions of this subchapter, if appropriate.

(d) The Committee shall promptly advise the applicant of its determination in writing.

(e) In the event that the feasibility plan application is not approved by the Committee due to lack of sufficient funding, the Committee shall retain the application for future consideration.

N.J. Admin. Code § 2:76-20.8 Committee evaluation process for feasibility plan applications

(a) The Committee shall evaluate feasibility plan applications based on whether the feasibility plan will promote the long-term viability of the preserved farm.

(b) The Committee shall evaluate applications from established farmers based upon the following factors:

The education and experience of the established farmer;
The need as demonstrated by the established farmer; and
The geographic distribution of feasibility plan applications.

(c) The Committee shall approve the creation of feasibility plans subject to available funds based on the factors in (a) and (b) above.

N.J. Admin. Code § 2:76-20.9 Qualifications of technical consultants

(a) Persons interested in becoming technical consultants shall contact the Committee in writing.

(b) In order to be qualified as a technical consultant, each candidate shall submit to the Committee a resume reflecting their years of employment experience, education (including continuing education) and field(s) of expertise.

(c) In order to be certified as a technical consultant, each candidate shall have at least five years of employment experience in their field(s) of expertise. Candidates shall submit two employment references with their submission to the Committee.

(d) The Committee shall certify each technical consultant who satisfies the requirements in (c) above.

(e) Certified technical consultants shall be placed on the Committee's certified list in alphabetical order based on their last names.

N.J. Admin. Code § 2:76-20.10 Assignment of technical consultants

(a) The certified list of technical consultants shall be divided into their categories of specialization.

(b) Subject to N.J.A.C. 2:76-20.1 1, technical consultants shall be selected and assigned to technical teams on a rotating basis from the certified list.

In the event the selected technical consultant(s) is unavailable for the assigned technical team, the next technical consultant on the certified list shall be assigned to the technical team.

N.J. Admin. Code § 2:76-20.11 Technical team assemblage

(a) Upon approval of the feasibility plan application by the Committee, the Committee shall select a lead coordinator from the certified list, to assist in the assemblage of the technical team.

(b) The Committee, with the approval of the applicant and the lead coordinator, shall assemble a team of technical consultants to develop a feasibility plan.

N.J. Admin. Code § 2:76-20.12 Duties of the lead coordinator

(a) The lead coordinator shall be responsible for the following:

Assisting the Committee in the coordination of the technical team;
Reviewing the feasibility plan application prior to attending the orientation meeting; and
Attending an orientation meeting at the farm with the applicant.

(b) The lead coordinator shall be responsible for the coordination of the technical team and applicant with the preparation of the feasibility plan. The lead coordinator shall be responsible for preparing and submitting an original and one copy of the final feasibility plan to the Committee.

N.J. Admin. Code § 2:76-20.13 Duties of technical consultants

(a) Technical consultants shall be responsible for the following:

Reviewing the feasibility plan application prior to attending the orientation meeting; and
Attending an orientation meeting at the farm with the applicant.

(b) Technical consultants shall assist in the preparation of a feasibility plan for the farmer, and coordinate with the assigned lead coordinator and applicant.

N.J. Admin. Code § 2:76-20.14 Preparation and contents of the feasibility plan

(a) The Committee shall coordinate an orientation meeting with the applicant and the technical team at the preserved farm.

(b) If the technical team determines after the orientation meeting that the potential exists for the viability of the farm to be improved, a feasibility plan shall be prepared by the technical team.

A business plan, which shall be one of the following three types:

i. A business plan as prepared by the Garden State Agricultural Re Engineering Initiative;

ii. A business plan as prepared by a New Jersey Small Business Development Center; or

iii. A business plan as prepared or approved by the technical team; and

A detailed description of the recommended project(s), including:

i. The anticipated benefits to the agricultural operation;

ii. A timeline for the installation of the project(s), including an operations and management statement, which shall set forth the names of individuals who will manage the installation of the project as well as its use, if applicable;

iii. A maintenance schedule associated with the project(s), if appropriate;

iv. A spreadsheet of the estimated costs of the project(s), including all sources of anticipated funding for the project;

v. A description of the targeted market as well as any marketing techniques to be employed, if applicable;

vi. A projected revenue and expense analysis, including the anticipated hiring of employees, increase in customer base, increase in farm purchases from local agribusinesses and the increase in value of the agricultural product; and

vii. A farm transfer plan, if deemed appropriate by the technical team.

(b) A feasibility plan shall be prepared by the technical team within three months of the date of the orientation meeting.

The lead coordinator shall provide a copy of the feasibility plan to the Committee and the applicant.

N.J. Admin. Code § 2:76-20.15 Committee feasibility plan approval process

(a) The Committee shall review the feasibility plan for program conformance pursuant to this subchapter.

(b) Upon verification that all eligibility criteria and other program provisions have been satisfied, the Committee shall approve or conditionally approve the feasibility plan, subject to funding limitations as set forth in N.J.A.C. 2:76-20 and available funds.

In the event that the feasibility plan is conditionally approved, the Committee shall inform the lead coordinator of deficiencies.
The lead coordinator shall review the feasibility plan with the technical team members and applicant, correct any deficiencies and forward a revised feasibility plan to the Committee.

N.J. Admin. Code § 2:76-20.16 Eligible farmland stewardship implementation projects

(a) Applicants shall notify the Committee in writing of their desire to implement a project as recommended in the approved feasibility plan.

(b) The Committee shall approve the implementation of projects for agricultural use that are eligible for grant awards. Eligible projects include the following five program areas:

Capital fixed assets including agricultural buildings and markets and maintenance and improvements thereof, equipment (such as cider pasteurizers, vegetable washers, tractors and milk bottlers), brewery and winery facilities and fencing;
Production diversification including conversion from agriculture to aquaculture and conversion from one type of production to another (for example, dairy to vegetable production);
Production efficiency including on-farm recycling and composting, vehicle and computer/software acquisition, provided that the sole and exclusive use is for agricultural purposes, precision agriculture systems and integration of integrated pest management and integrated crop management technologies;
Site diversification and improvement including parking lot installation and wheelchair accessibility; and
Marketing improvements including adding value to agricultural products, first line processing, web site development and maintenance, and signage.

(d) Ineligible projects include purchases of personal property and projects that are eligible for funding pursuant to the Soil and Water Conservation Project Cost Sharing Program, N.J.A.C. 2:90-3, or the Agricultural Conservation Cost Share Program, N.J.A.C. 2:90-4.

N.J. Admin. Code § 2:76-20.17 Evaluation of implementation projects

(a) The Committee shall evaluate implementation projects based on whether the projects will promote the long-term viability of the preserved farm as well as agriculture as an industry in the State.

(b) The Committee shall evaluate implementation projects based upon the following criteria as found in the feasibility plans:

Beneficial business impact:

i. Priority shall be given to implementation projects wherein the opportunity to increase farm employment opportunities, customer access to agricultural products, value of the agricultural output and farm purchases from local agribusinesses exists; and

Future farm viability:

i. Priority shall be given to the implementation of projects which demonstrate a potential to enhance the future viability of the agricultural operation.

(d) Subject to available funds, the Committee shall approve implementation projects based on the factors in (a), (b) and (c) above.

N.J. Admin. Code § 2:76-20.18 Implementation of approved implementation projects

(a) Project implementation shall commence within six months of funding approval or the application may be cancelled unless the farmer submits a request for extension, in writing, to the Committee, providing reasons for such extension. In no case shall such extensions be granted for more than six additional months.

(b) Project completion shall be in conformance with the recommendations as set forth in the approved feasibility plan.

(c) The Committee shall obligate the funds necessary for the implementation of feasibility plan recommendations for a period of three years. The applicant, in writing, may request an extension of completion of the project of the Committee, providing reasons for such extension. In no case shall such extensions be granted for more than one year.

N.J. Admin. Code § 2:76-20.19 Lead coordinator and technical consultant fee payment

(a) Every lead coordinator and technical consultant retained by the Committee shall enter into a consultant agreement with the Committee setting forth the terms and conditions for the technical services to be provided for each feasibility plan.

(b) Lead coordinators and technical consultants shall be compensated for their services at an agreed-upon rate which will be reflected in the consultant agreement between the lead coordinators, technical consultants and the Committee.

Lead coordinators and technical consultants shall not receive compensation for travel expenses.
Lead coordinators and technical consultants shall not be reimbursed for other expenses, including meals, tolls and parking.
Lead coordinators and technical consultants shall, at the termination of the services, file with the Committee a statement on a form approved by the Committee listing the total fee for services rendered.
Lead coordinators and technical consultants shall not be considered employees of the Committee.

N.J. Admin. Code § 2:76-20.20 Project completion and payment

(a) Upon project completion, the applicant shall notify the Committee and request payment on a payment claim voucher form authorized by the Committee.

(b) The payment request shall be accompanied by the completed payment claim voucher, itemized bills, and related documentation that substantiates all costs incurred.

(c) In-kind services performed by the applicant or applicant's employees shall be permitted to be used as the applicant's matching portion of costs for a project(s) or any component of a project(s) funded under the provisions of this program. All contributions, including cash and approved third party in-kind, shall be accepted as part of the applicant's cost sharing or matching when such contributions meet all of the following criteria:

The contributions are verifiable from the applicant's records;
The contributions are not included as contributions for any other Federally or State assisted project or program;
The contributions are necessary and reasonable for proper and efficient accomplishment of project objectives;
The contributions are not paid by the State and/or Federal government under another award, except where authorized by State and/or Federal statute to be used for cost sharing or matching;
The donation of buildings for construction/facility acquisition projects or long-term use is allowable under the program, and the value of the donated buildings for cost sharing or matching shall be the lesser of (c)5i or ii below;

i. The certified value of the remaining life of the buildings recorded in the applicant's accounting records at the time of donation; or

ii. The current fair market value. However, when there is sufficient justification, the Committee may approve the use of the current fair market value of the donated buildings, even if it exceeds the certified value at the time of donation to the project;

Volunteer services furnished by professional and technical personnel, consultants, and other skilled and unskilled labor, if approved by the Committee, may be counted as cost sharing or matching if the service is an integral and necessary part of an approved project. Rates for volunteer services shall be consistent with those paid for similar work in the applicant's organization. In those instances in which the required skills are not found in the applicant's organization, rates shall be consistent with those paid for similar work in the labor market in which the applicant competes for the kind of services involved. In either case, paid fringe benefits that are reasonable, allowable, and allocable may be included in the valuation;
When an employer other than the applicant furnishes the services of an employee, these services shall be valued at the employee's regular rate of pay (plus an amount of fringe benefits that are reasonable, allowable, and allocable, but exclusive of overhead costs), provided these services are in the same skill for which the employee is normally paid;
Donated supplies may include such items as expendable equipment, office supplies or workshop supplies. Value assessed to donated supplies included in the cost sharing or matching share shall be reasonable and shall not exceed the fair market value of the property at the time of the donation;
The method used for determining cost sharing or matching for donated equipment and buildings for which title passes to the applicant may differ according to the purpose of the award, if (c)9i or ii below apply;

i. If the purpose of the grant is to assist the applicant in the acquisition of equipment and buildings, the total value of the donated property may be claimed as cost sharing or matching;

ii. If the purpose of the grant is to support activities that require the use of equipment and buildings, normally only depreciation or use charges for equipment and buildings may be made. However, the full value of equipment or other capital assets and fair rental charges for buildings shall be allowed, provided that the Committee has approved the charges;

The value of donated property shall be determined in accordance with the usual accounting policies of the applicant, with the following qualifications:

i. The value of donated buildings shall not exceed its fair market value at the time of donation to the applicant as established by an independent appraiser (for example, certified real property appraiser) and certified by a responsible official of the applicant; and

ii. The value of donated equipment shall not exceed the fair market value of equipment of the same age and condition at the time of donation;

The value of donated facility space shall not exceed the fair rental value of comparable facility space as established by an independent appraisal of comparable facility space in a privately-owned building in the same locality;

The value of loaned equipment shall not exceed its fair rental value; and

The following requirements pertain to the applicant's supporting records for in-kind contributions from third parties:

i. Volunteer services shall be documented and, to the extent feasible, supported by the same methods used by the applicant for its own employees; and

ii. The basis for determining the valuation of personal service, material, equipment and buildings shall be documented.

(d) The Committee shall verify that the project(s) have been completed in accordance with the feasibility plan and also verify applicant's payment claims. If payment claims are satisfactory, the Committee shall forward payment.

(e) No Federal or State cost share program shall be used as the applicant's matching portion of costs for a project(s) or any component of a project(s) funded under the provisions of this program.

(f) No portion of the State cost share program shall be used as the landowner's portion of costs for a project(s) or any component of a project funded under the provisions of any Federal or State cost share program.

N.J. Admin. Code § 2:76-20.21 Failure to comply

(a) If the Committee determines that an applicant fails to comply with the provisions for maintenance of the project, the Committee shall advise the landowner of required corrective measures.

(b) The landowner shall not be liable for inadequate maintenance or destruction of a project(s) if caused by a natural disaster that could not have been reasonably anticipated.

N.J. Admin. Code § 2:76-20.22 Records

(a) The Committee shall retain copies of application forms, feasibility plans, performance reports, and all other related information pertaining to the applicant and approved projects for a period of eight years.

(b) All application forms, feasibility plans, performance reports, and all other related information pertaining to the applicant and approved projects containing commercial or financial information of a sort not customarily disclosed to the public and which disclosure would be likely to result in placing the person submitting the information at a competitive disadvantage, shall be deemed to be confidential and not subject to review or reproduction under the provisions of N.J.S.A. 47:1A-1 et seq.

Subchapter 21 ADMINISTRATIVE GRANTS TO COUNTIES

N.J. Admin. Code § 2:76-21.1 Applicability

This subchapter establishes a program to provide matching grants to county agriculture development boards (boards) for the administration of the development easement acquisition program (N.J.A.C. 2:76-6) and the planning incentive grant program (N.J.A.C. 2:76-17) subject to available funding.

N.J. Admin. Code § 2:76-21.2 Definitions

As used in this subchapter, the following words and terms shall have the following meaning:

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a sub-regional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"Farmland preservation plan" means a comprehensive plan prepared by boards projecting a county's farmland preservation goals for the next five to 10 years.

N.J. Admin. Code § 2:76-21.3 Eligibility

(a) To be eligible for a grant, a board shall have already completed a farmland preservation plan or shall agree to complete a farmland preservation plan within six months of the Committee's approval of a grant request.

The farmland preservation plan shall be updated annually and submitted to the Committee each year in which a grant is awarded by the Committee.

N.J. Admin. Code § 2:76-21.4 Grant requirements

Grants shall be used for creating and filling staff positions that were created subsequent to January 2001 solely for generating and processing applications under the development easement acquisition program and the planning incentive grant program.

N.J. Admin. Code § 2:76-21.5 Amount of grant

(a) Grant amounts shall be 50 percent of the cost of creating and filling new staff positions. Cost shall be limited to the following:

Salary; and
Fringe benefits.

(b) A grant shall not exceed $ 20,000 per county.

N.J. Admin. Code § 2:76-21.6 Applications

(a) A county shall obtain grant application forms from the Committee.

(b) Completed application forms shall be submitted to the Committee by January 17, 2002, for fiscal year 2002 and by April 1 for future grant requests.

County requesting grant;
Grant amount requested;
Title of new position created subsequent to January 2001, for purposes described in N.J.A.C. 2:76-21.4;
Agency or unit where the position will be established;
Person supervising position;
Salary and fringe benefits allocated to fund the position;
Verification that the position was approved by the Board of Chosen Freeholders or other appropriate authority;
Anticipated work hours and permanency of the position;
Anticipated duties of the position;
Copy (if available) and status of county's farmland preservation plan; and
Number and acres of applications pending pursuant to N.J.A.C. 2:76-21.7(a)2.

N.J. Admin. Code § 2:76-21.7 Awarding of grant

(a) The Committee shall determine the priority of allocating grants to counties according to the following factors:

Priority shall first be given to counties that have the most agricultural lands to potentially be preserved, indexed to the county in the State with the most agricultural land to potentially be preserved, based on the 1997 Agricultural Census or most current U.S. Agricultural Census data available and adjusted for acreage already preserved for agricultural purposes.

i. Grant applications shall be assigned a maximum of 50 points identifying farmland preservation potential based on the following formula:

County Preservation Potential (Acres) / County With Highest Preservation Potential (Acres) x 50 = ____ points

Priority shall next be given to counties that have the most acreage from farmland preservation applications pending before the county and the Committee, indexed to the county in the State with the most acreage from farmland applications pending before the county and the Committee.

i. Grant applications shall be assigned a maximum of 25 points identifying applications pending based on the following formula:

County Applications Pending (Acres) / County With Most Applications Pending (Acres) x 25 = ____ points

(b) Grants shall be awarded by the Committee in the order of those counties with the highest point total resulting from the combination of (a)1 and 2 above.

N.J. Admin. Code § 2:76-21.8 Annual review

(a) A Board that has received a grant shall provide the Committee with an annual performance review of each new staff person that was funded with the grant indicating the benefits and accomplishments resulting from the position.

(b) Annual performance summaries shall be filed with the Committee by August 15 of each year a grant is awarded.

Subchapter 22 SPECIAL PERMIT FOR COMMERCIAL NONAGRICULTURAL ACTIVITY ON PRESERVED FARMLAND

N.J. Admin. Code § 2:76-22.1 Applicability

This subchapter applies to the issuance of any special permit pursuant to N.J.S.A. N.J.S.A. 4:1C-32.1 to allow a rural microenterprise activity to occur on qualifying land.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.2 Purpose

The purpose of this subchapter is to establish the process for any person who owns qualifying land from which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization to apply for a special permit, pursuant to N.J.S.A 4:1C- 32.1, to allow a rural microenterprise activity to occur on the premises and to identify the standards for review of such an application by the Committee.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.3 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Application" means a request for a special permit to allow for a rural microenterprise activity as detailed in a standard form adopted by the Committee.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-17 or a sub-regional agricultural retention board established pursuant to N.J.S.A. 4:1C-20.

"Building" means a structure enclosed with exterior walls or fire walls, built, erected, and framed of component structural parts, designed for the housing, shelter, enclosure, or support of individuals, animals, or property of any kind. "Building" and "structure" shall be interchangeable except where the context clearly indicates otherwise.

"Character-defining features" means the overall shape of a heritage farm structure, its materials, craftsmanship, decorative details, features, and the significant aspects of its site and surrounding environment.

"Commercial farm" means:

A farm management unit of no less than five acres producing agricultural or horticultural products worth $ 2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
A farm management unit less than five acres, producing agricultural or horticultural products worth $ 50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
A farm management unit that is a beekeeping operation producing honey or other agricultural or horticultural apiary-related products, or providing crop pollination services, worth $ 10,000 or more annually.

"Commercial nonagricultural activity" means a small enterprise or low impact use that is not permitted under the terms of the deed of easement, but which may be permitted pursuant to N.J.S.A. 4:1C-32.1 and this subchapter. It does not include franchises, chain stores, big box stores, high volume businesses, or a personal wireless service facility as defined in this section and regulated pursuant to N.J.S.A. 4:1C-32.2.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Deed of easement" means the instrument restricting the premises for agricultural purposes that is recorded with the county clerk's office pursuant to the provisions of section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-31), section 5 of P.L. 1988, c. 4 (N.J.S.A. 4:1C-31.1), section 1 of P.L. 1989, c. 28 (N.J.S.A. 4:1C-38), section 1 of P.L. 1999, c. 180 (N.J.S.A. 4:1C-43.1), or sections 37 through

40 of P.L. 1999, c. 152 (N.J.S.A. 13:8C-37 through N.J.S.A. 13:8C-40). For land acquired in fee simple title for farmland preservation purposes, the deed transferring the restricted fee ownership of the land by the Committee or other entity is considered the deed of easement.

"Determination of Compatibility" means a written approval issued by the Committee permitting the finishing, alteration, new construction, relocation, or demolition of structures supporting a rural microenterprise, provided the changes are compatible with the agricultural character of the premises and surrounding agricultural landscape and do not diminish the historic or cultural character of a heritage farm structure.

"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by and acquired under the provisions of N.J.S.A. 4:1C-11.1et seq. and any relevant rules or regulations promulgated pursuant thereto.

"Exception" means a portion of an applicant's landholdings excluded from the premises and unencumbered by the farmland preservation restrictions mandated by N.J.A.C. 2:76-6.15(a) and set forth in the deed of easement. This includes portions of the farm that cannot be severed from the premises, known as nonseverable exceptions, portions of the farm excluded from the premises that can be severed but have not yet been subdivided from the farm, known as severable exceptions, and other portions of the farm excluded from or not encumbered by the deed of easement.

"Farmer" means a person who owns and operates the premises subject to the following:

Exclusive of any income received from the rental of lands, realized gross sales of at least $ 2,500 for agricultural or horticultural products produced on the premises during the calendar year immediately preceding submission of an application for a special permit;
Continues to own and operate the premises and meet the income threshold every year during the term of the special permit; and
The definition of "farmer" is satisfied when the owner and operator of the premises are comprised of one or more of the same individuals, whether singly or as manager(s)/owner(s) of a business entity.

"Heritage farm structure" means a building or structure that is significantly representative of New Jersey's agrarian history or culture and that has been designated as such by the Committee.

"Heritage preservation easement" means an interest in land less than fee simple absolute, stated in the form of a deed restriction executed by or on behalf of the owner of the land, appropriate to preserving a building or structure and its curtilage that is significant for its value or importance to New Jersey's agrarian history or culture, and to be used exclusively for the purposes of implementing sections 1 and

3 of P.L. 2005, c. 314 (N.J.S.A. 4:1C-32.1 and 32.3) in order to limit alterations in the exterior form or features of such building or structure. The heritage preservation easement shall be in a form approved by the Committee, be recorded against the premises, be held by the Committee, and run with the land.

"High traffic volume business" means a business for which the volume and frequency of visitors, deliveries, truck, and other vehicle traffic exceeds the number of designated parking spaces under normal conditions or creates a nuisance for neighboring properties or the municipality.

"Owner of the premises" means the person who owns qualifying land.

"Person" means natural persons, public or private corporations, companies, associations, societies, firms, partnerships, and joint stock companies.

"Personal wireless service facility" means a personal wireless service tower and any associated equipment and structures necessary to operate and maintain that tower, as regulated pursuant to Federal law.

"Premises" means the property subject to the deed of easement as defined by the legal metes and bounds description contained in the deed of easement.

"Qualifying land" means a farm on which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization prior to January 12, 2006, the date of enactment of N.J.S.A. 4:1C-32.1 et seq., and in accordance with the provisions of section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-31), section 5 of P.L. 1988, c. 4 (N.J.S.A. 4:1C-31.1), section 1 of P.L. 1989, c. 28 (N.J.S.A. 4:1C-38), section 1 of P.L. 1999, c. 180 (N.J.S.A. 4:1C-43.1), or sections 37 through

40 of P.L. 1999, c. 152 (N.J.S.A. 13:8C-37 through N.J.S.A. 13:8C-40), and for which no portion of the farm was excluded from the area preserved under the deed of easement. Lands preserved by a county, local government unit, or qualifying tax exempt nonprofit organization for farmland preservation purposes by the acquisition of a deed of easement prior to January 12, 2006, shall be deemed "qualifying land" even if the instrument memorializing the Committee's interests in the deed of easement was recorded after that date.

"Qualifying tax exempt nonprofit organization" means the same as that term is defined pursuant to section 3 of P.L. 1999, c. 152 (N.J.S.A. 13:8C-3).

"Rural microenterprise" means a small-scale business or activity that is fully compatible with agricultural use and production on the premises, does not, at any time, detract from, diminish, or interfere with the agricultural use of the premises, and is incidental to the agricultural use of the premises. "Rural microenterprise" shall not include a personal wireless service facility as defined and regulated pursuant to N.J.S.A. 4:1C-32.2. There shall be two categories of rural microenterprise activities as follows:

Class 1 shall include customary rural activities, which rely on the equipment and aptitude historically possessed by the agricultural community, such as snow plowing, bed and breakfasts, bakeries, woodworking, and craft-based businesses; and
Class 2 shall include agricultural support services, which have a direct and positive impact on agriculture by supplying needed equipment, supplies, and services to the surrounding agricultural community, such as veterinary practices, seed suppliers, and tractor equipment repair shops.

"Rural microenterprise lessee" means an operator of a rural microenterprise who does not own the qualifying land and who operates the rural microenterprise in accordance with a lease with the owner of the qualifying land.

"Special permit" means a permit to allow one rural microenterprise activity to occur on qualifying land issued by the Committee pursuant to N.J.S.A. 4:1C-32.1 and the procedures and criteria set forth in this subchapter.

"Structure" means a combination of materials to form a construction or occupancy, use, or ornamentation, whether installed on, above, or below the surface of a parcel of land. "Building" and "structure" shall be interchangeable, except where the context clearly indicates otherwise.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.4 Eligibility to apply for a special permit for a rural microenterprise activity

(a) Any person who owns qualifying land may apply for a special permit to allow a rural microenterprise activity to occur on the qualifying land, provided that:

The qualifying land is a commercial farm;
No other special permit for a rural microenterprise activity exists on the premises;
The development easement was acquired without the participation of Federal Farm and Ranch Lands Protection Program funds;
The owner of the premises is a farmer; and
The premises is in compliance with the deed of easement, as determined by the Committee.

(b) In the event the premises was divided after conveyance of the development easement in accordance with N.J.A.C. 2:76-6.15(a)15, only one special permit for a rural microenterprise activity may be issued by the Committee for the preserved premises as it was configured on June 4, 2018, regardless of the number of parcels of land resulting from approval(s) of any division(s) of premises occurring after June 4, 2018.

If a special permit for a rural microenterprise activity has been previously issued on a parcel of land created as a result of a division of premises occurring after June 4, 2018, no other special permit for a rural microenterprise activity may be issued on any of the remaining parcel(s) of land created by the division.
If there was an exception on the original premises, no special permit shall be issued to any of the parcels resulting from a division of the premises, even if one or more of the resulting parcels have no exceptions following the division.

(c) Any person who has been granted a special permit for the erection of a personal wireless service facility pursuant to N.J.A.C. 2:76-23 is eligible for a special permit on the same premises pursuant to this subchapter.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.5 Application for a rural microenterprise activity

(a) Any person who meets the qualifications contained in N.J.A.C. 2:76-22.4 may apply for a special permit for a rural microenterprise activity by submitting an application to the Committee. The application shall include the following information:

A copy of the recorded deed showing the current owner of the premises;

A copy of the recorded deed of easement;

The block(s) and lot(s) designations of the premises;
Proof that the premises is a commercial farm, such as tax forms, sales receipts, or other appropriate documentation as required by the Committee;
An aerial photograph of the portion of the premises on which the proposed rural microenterprise activity will be located, that identifies and labels:

i. The structure(s) in which the rural microenterprise activity will be located, including identification of the size and total footprint of the structure(s) and the area(s) intended to be used for the rural microenterprise activity;

ii. The proposed expansion of any existing structures to accommodate the rural microenterprise activity;

iii. All existing structures and proposed site improvements;

iv. The location of proposed vehicular access to the rural microenterprise activity;

v. Identification of the location and dimensions of the area that will be used to accommodate parking, including the number of existing parking spaces, the number of parking spaces that will be needed and delineation of the proposed parking spaces; and

vi. Existing and proposed landscaping, signs, lighting, and screening devices;

Photographs (preferably digital, with one printed copy and one electronic copy) of:

i. The entire interior and exterior of the structure(s) in which the rural microenterprise activity is proposed;

ii. The entire exterior of all structures located on the premises that are within one-half mile of the structure(s) in which the rural microenterprise activity is proposed; and

iii. The 360 degree viewshed of the surrounding landscape demonstrated by taking photographs from multiple angles from the location of the proposed rural microenterprise activity outward for a visual distance of approximately one-half mile;

A description of the type, nature, location, and frequency of any preexisting commercial nonagricultural use or activity, or preexisting rural microenterprise activity, already in existence on the premises at the time of application for the special permit;
Proof that the structure(s) to be used for the rural microenterprise was or were in existence at least five years before the date of the special permit application. The applicant shall also:

i. Identify and describe all improvements made to the structure since the enactment of N.J.S.A. 4:1C-32.1(January 12, 2006); and

ii. State whether the applicant intends to construct a new agricultural building to take the place of the structure to be used for the rural microenterprise activity and, if so, the type, size, and location of the replacement structure(s);

A description of the proposed rural microenterprise activity including, but not limited to:

i. All improvements and utilities that will be needed to accommodate the activity;

ii. An estimate of the time needed for completion of any improvements;

iii. Whether the activity is associated with the agricultural operation and, if so, how;

iv. Whether the activity will be operated by the owner or family member or if it will be leased and, if so, to whom;

v. Whether the activity is seasonal or year round;

vi. The proposed hours of operation;

vii. Whether the applicant will need to expand an existing structure to accommodate the activity, including:

(1) The purpose and proposed use of the expansion;

(2) A justification for the proposed size of the structure, including an explanation as to why the expansion is necessary for the rural microenterprise activity and whether the proposed size is based solely on the need to accommodate the rural microenterprise activity;

(3) The size of the total footprint of the proposed expanded structure and a sketch of the proposed expansion on the aerial photograph required in (a)5 above;

(4) A justification for the proposed size of the structure, including an explanation as to whether the proposed size is based solely on the need to accommodate the commercial nonagricultural activity;

(5) An explanation of how the location, design, height and aesthetics of the expansion preserve the natural and unadulterated appearance of the landscape and structures; and

(6) A sketch of the proposed expansion on the survey plat required in (a)5 above;

viii. The time period for which the applicant would like the special permit to be effective, provided that any request for an effective period of over five years shall include a justification for the longer time period; and

ix. A copy of any proposed lease agreements that will be necessary for the proposed nonagricultural activity;

An explanation of how the location, design, height, and aesthetics of the expansion preserve the natural and unadulterated appearance of the landscape and structures;
The time period for which the applicant would like the special permit to be effective, up to a maximum of 20 years;
A copy of any proposed lease agreements that will be necessary for the proposed rural microenterprise activity;
Copies of all necessary local, State, and Federal approvals, including evidence that the proposed rural microenterprise activity is a permitted use under municipal zoning or that a use variance has been granted.

i. If the applicant does not have the approvals at the time of application for the rural microenterprise activity, the Committee may issue a special permit for the rural microenterprise activity conditioned on the receipt of such approvals in accordance with N.J.A.C. N.J.A.C. 2:76-22.6(a)16;

An explanation as to whether the rural microenterprise activity interferes with the use of the qualifying land for agricultural or horticultural production;
An explanation as to whether the rural microenterprise activity utilizes the qualifying land and structures in their existing condition, in accordance with N.J.A.C. 2:76-22.6(a)7 and 13;
An explanation as to whether the rural microenterprise activity will have an adverse impact upon the soils, water resources, air quality, or other natural resources of the qualifying land or the surrounding area;
A description of the amount of traffic or business that the applicant expects to be generated on a daily, weekly, and annual basis and at anticipated peak operational periods;
The maximum number of employees needed on a daily, weekly, and annual basis and for anticipated peak operational periods; and
An application fee in the amount of $ 250.00 made payable to the State of New Jersey, State Agriculture Development Committee, in the form of a money order or bank check.

i. The application fee is nonrefundable, regardless of whether a special permit is issued.

(b) If the Committee deems the application incomplete, the applicant shall, within 120 days of receipt of written notice, provide the necessary information, unless otherwise extended by the Committee. If the applicant does not provide the Committee with the necessary information within the 120-day period, unless extended by the Committee, the application shall be deemed rejected.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.6 Evaluation criteria for a rural microenterprise use

(a) When reviewing a special permit application, the Committee shall determine whether the application meets the following criteria:

The premises meets the definition of "commercial farm" set forth in this subchapter;
The applicant is a farmer;
The premises meets the definition of "qualifying land" set forth in this subchapter;
The premises was preserved prior to the enactment of N.J.S.A. 4:1C-32.1 (January 12, 2006);
No other current special permit for a rural microenterprise activity has been issued by the Committee;
The proposed rural microenterprise activity is located within a structure(s):

i. That existed on the date of the conveyance of the easement; or

ii. If the proposed rural microenterprise activity is located within a structure(s) that was constructed after the date of conveyance of the easement, construction of such structure(s) must have been in compliance with the farmland preservation deed restrictions and must have been completed at least five years prior to the date of the rural microenterprise use application;

The proposed rural microenterprise activity utilizes a structure(s) in its existing condition in accordance with the following criteria:

i. No more than 2,500 square feet of the interior of an existing residential or agricultural structure may be substantially altered or finished for a rural microenterprise activity if such alteration or finishing requires improvements to the structure, such as installation of new walls, insulation, flooring, lighting, HVAC systems, sanitary plumbing, and associated wiring;

(1) If the building is not being substantially altered or finished to support the rural microenterprise activity, the entire floor area of the existing residential or agricultural building space may be used to support the rural microenterprise.

(2). Improvements to a non-residential structure shall not substantially interfere with the ability of the structure as a whole to be used to support agricultural activities in the future.

(1) No more than 2,500 square feet of the interior of an existing residential structure may be converted or "finished" for a commercial nonagricultural use if such conversion or finishing requires improvements to the structure, such as installation of new walls, insulation, flooring, lighting, HVAC systems, sanitary plumbing, and associated wiring;

ii. The Committee may allow the alteration or finishing of up to 100 percent of the interior of an existing heritage farm structure, provided that the owner agrees to record a heritage preservation easement, in a form approved by the Committee, which shall be held by the Committee and shall run with the land. The procedures for designating a heritage farm structure are set forth in N.J.A.C. 2:76-22A.7.

iii. On-site septic and well facilities may be established, expanded, or improved for the purpose of supporting the rural microenterprise activity provided such facilities are contained within the one-acre envelope provided for in (a)14 below. Any improvements to the land that are undertaken for these purposes shall be limited to those that are necessary either to protect public health and safety or to minimize disturbance of the premises and its soil and water resources. At no time shall a change in wastewater facilities required for the rural microenterprise activity render land located outside of the one-acre envelope, which otherwise would have been suitable for agricultural production, incapable of supporting agricultural production activities;

iv. No public utilities, including water, gas, or sewer, other than those already existing and available on the premises shall be extended to the qualifying land for purposes of the rural microenterprise, except that the establishment of new electric service required for the rural microenterprise shall be permitted;

v. Improvements to the exterior of the structure shall be compatible with the agricultural character of the premises and shall not diminish the historic character of the structure. The Committee shall evaluate such improvements in accordance with N.J.A.C. 2:76-22A.3 and 22A.4;

(1) Repairs may be made to the interior of a building provided they do not diminish the historic or cultural character of the structure.

vi. There shall be no storage of equipment, vehicles, supplies, products, or by-products associated with the rural microenterprise activity outside of the structure except as provided in (a)13iv below;

vii. Improvements cannot be made to the interior of a non-residential structure(s) to adapt it for residential use; and

viii. Expansion of a structure shall be permitted provided that:

(1) The total footprint of the expanded structures that will be used for the rural microenterprise activity does not exceed 500 square feet;

(2) The purpose or use of the expansion is necessary to the operation or functioning of the rural microenterprise activity; and

(3) The area of the proposed footprint of the expanded structure is reasonably calculated based solely upon the demands of accommodating the rural microenterprise activity and does not incorporate excess space;

No new structures shall be constructed on the premises to support a rural microenterprise. Any structure constructed on the premises since the date of the conveyance of the easement, and in accordance with the farmland preservation deed restrictions, shall not be eligible for a special permit for a rural microenterprise activity for a period of five years following completion of its construction;
The application does not propose to use agricultural labor housing (constructed before or after the conveyance of the development easement) for the rural microenterprise activity;
The proposed rural microenterprise activity does not interfere with the use of the qualifying land for agricultural or horticultural purposes;
The rural microenterprise activity is incidental to the use of the premises as a farm or subordinate to the agricultural use of the premises;
The rural microenterprise activity is compatible with the agricultural use of the premises and surrounding land use of adjacent properties, as evidenced by a Determination of Compatibility issued in accordance with N.J.A.C. 2:76-22A.3.

i. In addition to those characteristics considered for issuance of a Determination of Compatibility, characteristics to be considered in determining whether the rural microenterprise activity is compatible shall include, but not be limited to, whether the activity uses equipment or processes that create noise, vibration, glare, fumes, odors, or electrical or electronic interference (including interference with radio or television reception), which interfere with the quiet enjoyment of neighboring properties;

The rural microenterprise activity uses the qualifying land in its existing condition. Use of the qualifying land in its existing condition shall mean the following:

i. No new improvements to farm lanes, including new ingress and egress improvements, curbing, or changes needed to accommodate a new traffic pattern, shall be created unless such improvements are necessary to provide access to the rural microenterprise or to protect public health and safety. Any such necessary improvements shall minimize the disturbance of the premises and its soil and water resources as determined by the Committee;

ii. The area dedicated to customer parking shall not exceed 2,000 square feet and shall provide no more than 10 parking spaces, with each parking space not to exceed 10 feet by 20 feet;

iii. The number of parking spaces shall be sufficient to accommodate visitors to rural microenterprise under normal conditions. The Committee may require that any parking areas be screened from public rights-of-way; and

iv. No more than a combined total of 5,000 square feet of the land may be utilized for the outside storage of equipment, vehicles, supplies, products, or by-products, in association with the microenterprise. Any improvements to the land that are undertaken for these purposes shall be limited to those that are necessary to protect public health and safety and minimize disturbance of the premises and its soil and water resources;

The total area of land and structures devoted to supporting the rural microenterprise does not exceed a one-acre envelope on the qualifying land;
The rural microenterprise activity does not have an adverse impact upon the soils, water resources, air quality, or other natural resources of the qualifying land or the surrounding area and is consistent with the deed of easement and land use approvals and any other applicable approvals that may be required by Federal, State, or local law, rules, regulations, or ordinances, provided that if such approvals contain any requirements for implementation of the rural microenterprise activity that are inconsistent with N.J.S.A. 4:1C-32.1, this subchapter, N.J.A.C. 2:76-22A, the special permit itself, or the deed of easement, the special permit will be denied.
The Committee may issue a special permit that will be conditioned on, and which will become effective only upon, the applicant's receipt of all necessary local, State, and Federal approvals, provided that if such approvals contain any requirements for implementation of the rural microenterprise activity that are inconsistent with N.J.S.A. 4:1C-32.1, this subchapter, N.J.A.C. 2:76-22A, the special permit itself, or the deed of easement, the special permit will be denied;
The proposed rural microenterprise activity consists of, and accommodates, only a single business or use. Multiple businesses or nonagricultural uses shall not be permitted.

i. Nothing in (a)17 above shall limit the use of any structures, or portions thereof, for uses permitted under the deed of easement;

In addition to the lighting requirements pursuant to N.J.A.C. 2:76-22A.4, lighting to support the rural microenterprise use shall meet the following criteria:

i. Adequate lighting shall be provided to ensure safe movement of pedestrians and vehicles during working hours;

ii. The height, intensity, and number of lighting facilities shall not be in excess of what is customary for agricultural use, except as required pursuant to (a)18i above, and shall be consistent with the agricultural setting;

iii. Any new lighting shall be compatible with the agricultural use of the property and surrounding land use of adjacent properties; and

iv. The lighting shall not cause glare or intrusion of light onto neighboring properties;

The rural microenterprise activity shall not be a "high traffic volume business."

i. The proposed use shall not require more than four full-time employees, or the equivalent, at peak operational periods in addition to the owner or operator;

ii. The proposed use shall not create traffic volume that interferes with pre-existing traffic patterns on surrounding public roads or that regularly causes traffic congestion when entering or leaving the premises.

The location, design, height, and aesthetic attributes of the rural microenterprise activity shall reflect the public interest of preserving the natural and unadulterated appearance of the landscape and structure(s). Such aspects shall be reviewed in accordance with N.J.A.C. 2:76-22A.1e t seq.;
The premises shall be in compliance with the deed of easement as determined by the Committee; and
The rural microenterprise activity otherwise complies with N.J.S.A. 4:1C-32.1.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.7 Review by board or nonprofit easement owner

(a) If a board or a qualifying tax exempt nonprofit organization is the grantee of the development easement, the Committee shall provide the grantee with a copy of the complete application for a special permit.

(b) Within 30 days after receipt of a copy of the complete application for a special permit, the board or qualifying tax exempt nonprofit organization shall provide comments to the Committee on the application and submit the following to the Committee for review:

Notification of any rural microenterprise activities already in existence on the qualifying land at the time of application for the special permit or on any portion of the farm that is not subject to the development easement;
The recommended time period for which the special permit shall be effective, and recommended conditions of approval; and
Confirmation that the owner of the premises is not in violation of any provision of the deed of easement as determined by the board or nonprofit grantee.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.8 Committee review and issuance of special permit

(a) The Committee, if the development easement is held by the Committee or a board, shall review an application and, in its sole discretion, may issue a special permit pursuant to N.J.S.A. N.J.S.A. 4:1C-32.1 and this subchapter.

(b) If a development easement is held by a qualifying tax exempt nonprofit organization, the Committee, in consultation with the qualifying tax exempt nonprofit organization after its receipt of a copy of a complete application, shall decide whether to issue a permit based on its review of the application using the criteria set forth in this subchapter.

(c) The Committee shall inform the applicant of its decision to approve or deny the application and shall also inform the board or qualifying tax exempt nonprofit organization that holds the development easement and the municipality in which the subject property is located.

(d) The Committee may issue a special permit that will be conditioned on, and which will become effective only upon, the applicant's receipt of all necessary local, State, and Federal approvals, provided that if such approvals contain any requirements for implementation of the rural microenterprise activity that are inconsistent with N.J.S.A. 4:1C-32.1, this subchapter, or the special permit itself, the special permit will be deemed denied.

(e) The Committee may include other reasonable requirements to limit, to the maximum extent possible, the intensity of the permitted activity and its impact on the qualifying land and surrounding area.

(f) The Committee shall approve, approve with conditions, or disapprove the application within 90 days of receipt of a complete application. Such time period may be extended by the Committee for good cause or with the consent of the applicant.

(g) When issuing a special permit, the Committee shall:

Identify the time period for which the special permit shall be effective; and
Stipulate a time period during which the landowner must exercise the special permit and initiate the rural microenterprise activity.

i. The Committee may provide for an extension of up to six months upon a showing of special circumstances or special need presented by the applicant.

ii. If the owner fails to exercise the special permit and initiate the rural microenterprise activity use within the period designated by the Committee, the special permit shall automatically expire, unless an extension is approved by the Committee pursuant to (g)2i above.

(h) In the event that the owner of the premises obtains a special permit from the Committee, and subsequently enters into a contract or contemplates entering into a contract for the sale of the premises, the contract purchaser or the prospective purchaser may seek approval to continue the special permit upon conveyance of the property by applying for a new special permit in accordance with this subchapter at least 90 days prior to the date of closing on the property. In order to apply for a new special permit, the contract purchaser or prospective purchaser must provide the Committee with the owner's written consent to the application.

If the applicant is a contract purchaser, the contract purchaser shall provide a copy of the executed contract for the purchase of the premises as part of the application.
The contract purchaser or prospective purchaser must obtain a special permit issued by the Committee pursuant to this section prior to the conveyance of the premises. If the contract purchaser or prospective purchaser fails to obtain the special permit prior to the conveyance of the premises, the existing special permit shall expire as of the date of conveyance.

(i) Upon the death of the owner of the premises, the heir(s) or estate representative(s) may apply for a continuation of the special permit pursuant to N.J.A.C. 2:76-22.5 to avoid termination of the special permit.

The heir(s) or estate representative(s) may apply for and obtain Committee approval for continuation of a special permit within 18 months of the owner's death.
The special permit shall automatically expire 18 months from the date of death of the owner of the property holding that permit unless, within that time period, the heir(s) or estate representative(s) applies for and obtains approval for continuation of a special permit, or applies for and obtains approval for an extension of the 18-month period.
Upon request by the heir(s) or estate representative(s), the Committee may extend the period to apply for and obtain approval of the special permit for up to one year where required for settlement of estate issues provided that the period of any such extension shall not exceed the term of the initial special permit. Upon settlement of the estate, the special permit shall expire and, if desired, the new owner may apply for a new special permit pursuant to this subchapter.

(j) In the event that the owner of the premises obtains a special permit from the Committee and subsequently becomes incapacitated, the owner's attorney-in-fact may continue operation of the rural microenterprise activity in accordance with the terms and conditions of the special permit.

(k) In the event the owner of the premises retires from operation of the rural microenterprise and remains the property owner, the rural microenterprise lessee may continue the operation of the rural microenterprise activity in accordance with the terms and conditions of the special permit.

(l) A lease between the owner of the premises and the rural microenterprise lessee for the operation of the rural microenterprise activity shall be in writing and must be consistent with the special permit. The Committee shall be provided with a copy of the fully executed lease to ensure compliance with this section.

(m) The lease between the owner of the premises and the rural microenterprise lessee for the operation of the rural microenterprise shall be subordinated to the special permit for the rural microenterprise pursuant to a written subordination agreement. A copy of the special permit shall be attached to the subordination agreement.

(n) In the event there is disruption of income from gross sales of agricultural or horticultural products caused by circumstances beyond the farmer's control, such as crop failure, the farmer may continue operation of the rural microenterprise for up to two years after the date of the event of disruption. If after such two-year period the farmer is unable to demonstrate realized gross sales of at least $ 2,500 for agricultural or horticultural products produced on the premises, exclusive of any income received from the rental of lands, the special permit shall be subject to revocation by the Committee after a hearing set forth in N.J.A.C. 2:76-22.13(b).

(o) The owner, heir, estate representative, or attorney-in-fact, as the case may be, may request termination of the special permit upon 30-day written notice to the Committee, which shall act upon the request.

(p) All application fees submitted to the Committee pursuant to this subchapter are nonrefundable, regardless of whether a special permit is issued, and shall be used for farmland preservation purposes.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.9 Special permit

(a) No more than one special permit for a rural microenterprise activity shall be valid at any one time for use on the premises.

(b) No special permit shall be valid for more than 20 years unless an application for renewal is approved by the Committee.

Renewal of a special permit may be sought within 10 years of the date of scheduled permit expiration.
There shall be no fee for permit renewal, as long as the rural microenterprise activity will not change from what was originally permitted.

(c) The special permit shall not run with the land, and each special permit shall explicitly so state, in addition to the following:

The permit shall automatically terminate and the rural microenterprise activity shall cease if there is a change in the record ownership of the premises, except for the following:

i. The contract purchaser or prospective purchaser of the premises obtains approval for a special permit prior to the conveyance of the premises pursuant to N.J.A.C. 2:76-22.8(h); or

ii. Upon the death of the record owner of the premise, the heir(s) or estate representative obtain(s) approval for a special permit pursuant to N.J.A.C. 2:76-22.8(i);

In the event there is a change in record ownership of the premises after a special permit has been issued, the owner/seller and purchaser of the premises shall provide written notice of the change to the Committee, the owner of the development easement, and the clerk of the municipality in which the qualifying land is located; and
The commercial nonagricultural activity shall cease immediately upon a change in record ownership of the premises, except as provided for in (c)1 above.

i. An application may be submitted pursuant to N.J.A.C. 2:76-22.5, if the new owner of the premises wishes to continue the previously permitted rural microenterprise activity, or if the new owner wishes to establish a new rural microenterprise activity. The application shall be treated as a new application, and the new owner shall be required to comply with all procedures set forth in N.J.A.C. 2:76-22.5, including payment of an application fee.

(d) The special permit shall not be assigned or conveyed in any manner.

(e) The special permit shall be recorded by the owner of the premises with the County Clerk's Office in the same manner as a deed.

A copy of the recorded special permit shall be provided to the Committee, the clerk of the municipality in which the qualifying land is located, the owner of the development easement, and to any owner of land that was subdivided from the initial preserved farm, if applicable.

(f) The special permit shall be displayed in clear view on or in the structure(s) for which it was issued.

(g) Committee approval of a special permit shall not relieve the applicant from obtaining all other permits, approvals, or authorizations that may be required by Federal, State, or local law, rule, regulation, or ordinance.

(h) The rural microenterprise activity shall be deemed abandoned when it has not been in operation for a period of 18 consecutive months, unless the permittee, to the satisfaction of the Committee, provides documentation evidencing a hardship that prevented the operation of the rural microenterprise activity. The Committee shall provide written notice to the permittee that the rural microenterprise activity has been deemed abandoned and that the special permit shall be subject to revocation by the Committee after a hearing as set forth in N.J.A.C. 2:76-22.13(b).

(i) A rural microenterprise activity shall not be considered an agricultural use as defined in N.J.S.A. 4:1C-13.b.

(j) Nothing in this section shall be interpreted as providing a rural microenterprise activity with protection under section 9 of the "Right to Farm Act," P.L. 1983, c. 31 (N.J.S.A. 4:1C-9) if the rural microenterprise activity is not otherwise eligible for such protection.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.10 Signs

(a) The placement of signs on the premises for purposes related to the rural microenterprise activity is prohibited except for the following:

Directional signs indicating where persons visiting the rural microenterprise activity should drive and/or park;
One flush-mounted sign, not to exceed 20 square feet to be placed on the structure, which shall not be illuminated internally; and
The placement of signs shall be reviewed in accordance with N.J.A.C. 2:76-22A.

(b) Nothing in this section shall be construed to permit the use of signs in a manner inconsistent with municipal, county, or Department of Transportation requirements or standards.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.11 Monitoring

The Committee shall periodically monitor rural microenterprise activities and shall be permitted to access and enter upon, the premises at all reasonable times for the purpose of inspection and to ensure compliance with a special permit and this subchapter.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.12 Delegation to the Executive Director

(a) The Committee may delegate to its Executive Director, by resolution, the authority to review and approve an application for a special permit, but only in cases where:

The Committee has not received comments from the board or qualifying nonprofit organization concerning any potential negative impacts of an application's approval; and
The application complies with all provisions of P.L. 2005, c. 314 ( N.J.S.A. 4:1C-23.1et seq.), this subchapter, and N.J.A.C. 2:76-22A.

(b) An applicant whose application is denied by the Executive Director may appeal the decision to the Committee.

(c) Nothing in this section shall preclude the Executive Director from bringing any application before the Committee for review and approval, when such action is deemed appropriate by the Executive Director.

History

Adopted by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.13 Suspension, revocation, or denial of a special permit

(a) The Committee may suspend, revoke, or deny a special permit on qualifying land for a violation of N.J.S.A. 4:1C-32.1, this subchapter, N.J.A.C. 2:76-22A, any term or condition of the special permit, or any term or condition of the deed of easement encumbering the qualifying land as determined by the Committee.

(b) The applicant or permittee shall be afforded the opportunity for a hearing prior to the Committee taking any action set forth in (a) above. The Committee may delegate authority to Committee staff to hold a hearing in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. If the hearing is held by Committee staff, Committee staff shall prepare a hearing report at the close of such hearing setting forth its findings. The Committee may adopt, modify, or reject the findings set forth in the hearing report.

(c) The decision of the Committee shall be considered a final administrative agency decision, subject to the right of appeal to the Appellate Division of the Superior Court.

History

Adopted by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22.14 Report of activities

(a) The Committee shall submit a report every two years to the Governor, President of the Senate, the Speaker of the General Assembly, the respective chairpersons of the Senate Economic Growth Committee, the Senate Environment and Energy Committee, the Assembly Agriculture and Natural Resources Committee, and the Assembly Environment and Solid Waste Committee or their designated successors, in accordance with N.J.S.A. 4:1C-32.3.

(b) Copies of the report shall also be made available to the public upon request and free of charge, and shall be posted on the Committee website.

History

Amended by 50 N.J.R. 1343(b), effective 6/4/2018

Subchapter 22A XYZ

N.J. Admin. Code § 2:76-22A.1 Purpose

The purpose of this subchapter is to determine if improvements and repairs to structures substantially altered or finished to support a rural microenterprise activity allowed on preserved premises pursuant to N.J.A.C. 2:76-22ar e compatible with the agricultural character of the premises and do not diminish the historic or cultural character of the structure. Further, this subchapter sets forth the procedures for designating a heritage farm structure and sets forth the terms and procedures for recordation of a heritage preservation easement on a heritage farm structure.

History

Adopted by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22A.2 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Associative historical value" means a building, structure, or real property associated with events that have made a significant contribution to the broad patterns of history or associated with the lives of persons significant in the State's past.

"Building" means a structure enclosed with exterior walls or fire walls, built, erected, and framed of component structural parts, designed for the housing, shelter, enclosure, or support of individuals, animals, or property of any kind. "Building" and "structure" shall be interchangeable, except where the context clearly indicates otherwise.

"Character-defining features" means those visual aspects and physical features that comprise the appearance of a building or structure and include, but are not limited to, the overall shape of a structure, its materials, craftsmanship, decorative details, and features, as well as the various aspects of its site and environment.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Curtilage" means the immediate land area surrounding a structure.

"Demolition" means the dismantling or tearing down of all or part of any building or structure and all operations incidental thereto.

"Demolition by neglect" means the absence of routine maintenance and repair that can lead to a building's or structure's structural weakness, decay, and deterioration resulting in its destruction.

"Heritage farm structure" means a building or structure that is significantly representative of New Jersey's agrarian history or culture and that has been designated as such by the Committee.

3 of P.L. 2005, c. 314 (N.J.S.A. 4:1C-32.1 and 32.3), to limit alteration in exterior form or features of such building or structure. The heritage preservation easement shall be in a form approved by the Committee, be recorded against the premises, be held by the Committee, and shall run with the land as set forth in N.J.A.C. 2:76-22.

"Owner of the premises" means the person who owns qualifying land.

"Protected features" means the historic form and character-defining features of the heritage farm structure consisting of its entire exterior, including the roof, front, sides, and rear of the structure and its curtilage, that have been documented in a baseline inspection report that the grantor and Committee agree provides an accurate representation of the premises at the time of the conveyance of a heritage preservation easement.

Class 1 shall include customary rural activities, which rely on the equipment and aptitude historically possessed by the agricultural community, such as snow plowing, bed and breakfasts, bakeries, woodworking, and craft-based businesses; and
Class 2 shall include agricultural support services, which have a direct and positive impact on agriculture by supplying needed equipment, supplies, and services to the surrounding agricultural community, such as veterinary practices, seed suppliers, and tractor equipment repair shops.

"Structure" means a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land. "Building" and "structure" shall be interchangeable, except where the context clearly indicates otherwise.

"Surrounding agricultural landscape" means the continuous view of the premises and adjacent properties not to exceed a one-half mile radius of the premises.

History

Adopted by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22A.3 Review of improvements and repairs to structures supporting a rural microenterprise

(a) All exterior improvements and repairs to residential and agricultural structures and their curtilage supporting the rural microenterprise shall be compatible with the agricultural character of the premises and surrounding agricultural landscape and shall not diminish the historic or cultural character of the structures.

(b) In conjunction with the issuance of a special permit, a Determination of Compatibility shall be issued for projects that reflect the public interest of preserving the natural and unadulterated appearance of the premises, surrounding agricultural landscape, and structures within that landscape.

(c) The Committee shall review the location, design, height, and aesthetic attributes of a structure altered or finished to support the rural microenterprise before a special permit is issued.

(d) A Determination of Compatibility shall be necessary for each project where improvements and/or repairs to structures are proposed and shall be issued by the Committee in consultation with staff and/or a consultant who meets the professional qualifications set forth in 36 CFR Part 61. The Committee may also consult with the New Jersey Historic Preservation Office as necessary.

History

Adopted by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22A.4 Review of improvements and repairs up to 2,500 square feet of interior space to structures supporting a rural microenterprise

(a) For any project where improvements and/or repairs up to 2,500 square feet of interior space are proposed to alter or finish a structure to support the rural microenterprise, any or all of the following project components shall be evaluated pursuant to N.J.A.C. 2:76-22A.3:

Height, width, scale, and massing;
Design of doors and windows;
Design of porches and balconies;
Roof shape;
Architectural ornamentation;
Siting and directional orientation;
Materials, textures, and colors;
Signs and lighting;
Fences and gates;
Landscaping; and
Parking areas.

History

Adopted by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22A.5 Exemptions from review of improvements and repairs up to 2,500 square feet of interior space to structures supporting a rural microenterprise

(a) The following activities do not require a Determination of Compatibility from the Committee whether they are proposed at the time of application for the special permit or occur after the special permit has been issued:

Changes to interiors exclusively for agricultural purposes; and

Repair or exact replacement of any existing improvement, provided that the work does not alter the exterior appearance. The following activities are permitted as repairs:

i. Repairs of existing windows and doors and the installation of storm doors and windows that do not change their design, dimensions, or appearance;

ii. Maintenance and repair of existing roofing materials involving no change in the design, dimensions, or appearance of the structure;

iii. Structural repairs that do not alter the exterior appearance;

iv. Replacement of existing clapboards, shingles, or other siding with identical material; and

v. Maintenance and repair of existing clapboards, shingles, or other siding (including masonry) involving no change in the design, dimensions, or appearance.

History

Adopted by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22A.6 Review of improvements and repairs over 2,500 square feet of interior space to heritage farm structures

(a) For any project where improvements or repairs over 2,500 square feet of interior space are proposed to alter or finish a structure to support the rural microenterprise, the structure must be designated a heritage farm structure in accordance with N.J.A.C. N.J.A.C. 2:76-22A.7. No improvements or repairs over 2,500 square feet of interior space are permitted for a structure not designated as a heritage farm structure.

(b) All project reviews shall be conducted in accordance with N.J.A.C. 2:76-22A.2.

(d) All projects are subject to the following additional provisions:

Every reasonable effort shall be made to limit alterations to a heritage farm structure and its curtilage. Any architectural or engineering changes to the protected features including, but not limited to, alteration, removal, construction, remodeling, or other physical or structural change, including any change in color or surfacing of the protected features, require the Committee's prior approval. Demolition of a heritage farm structure is not permitted unless said demolition involves the removal of non-historic features that are not character-defining or the demolition of character-defining features solely to remedy a condition that is dangerous to life, health, or safety as determined by the appropriate construction code official;

Demolition by neglect is not permitted;

No changes to the protected features shall be made that would be inconsistent with the historical or cultural character of the heritage farm structure in accordance with the following provisions:

i. The protected features of a heritage farm structure shall not be removed or destroyed, including, but not limited to, windows and window trim, doors, door trim and lintels, cornices and brackets, porch posts, porch flooring, balustrades, spindles, foundation, siding, and roofing;

ii. Deteriorated protected features shall be repaired rather than replaced whenever possible. In the event that replacement is necessary, the new material should mimic the material being replaced in appearance, design, color, texture, and other visual qualities. Repair or replacement of missing character-defining features should be based on accurate duplications of features substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures;

iii. All heritage farm structures shall be recognized as products of their own time. Proposed alterations that have no historical basis and that seek to create an alternative historical appearance shall not be permitted. Pre-1960 alterations to the appearance of a heritage farm structure made after the structure was originally constructed but have acquired historical significance in their own right should be retained; and

iv. New additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the original structure would be unimpaired.

(e) Approval by the U.S. Department of Interior, National Park Service can be substituted for the Determination of Compatibility issued by the Committee for any project where improvements or repairs are proposed to alter or finish a building or structure listed on the New Jersey Register of Historic Places pursuant to N.J.S.A. 13:1B-15.128, for which Federal historic preservation rehabilitation tax credits are being sought pursuant to 26 U.S.C. § 47. Signs, lighting, fences, gates, landscaping, and parking will continue to be reviewed by the Committee pursuant to N.J.A.C. 2:76-22A.3.

(f) For any project where improvements or repairs are proposed to alter or finish a structure listed on the New Jersey Register of Historic Places pursuant to N.J.S.A. 13:1B-15.128, review and approval of the project is required by the New Jersey Historic Preservation Office pursuant to N.J.S.A. 13:1B-15.131 in advance of Committee approval.

History

Adopted by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22A.7 Procedures for designating a heritage farm structure

(a) Upon receipt of an application for a special permit for a rural microenterprise where improvements or repairs over 2,500 square feet of interior space are proposed to alter or finish a building or structure to support the rural microenterprise, the Committee shall utilize the following criteria to determine if the building or structure constitutes a heritage farm structure.

A building or structure must possess both of the following historic or cultural characteristics to be designated a heritage farm structure:

i. The building or structure was constructed prior to 1960; and

ii. The building or structure is substantially in its original form with its character-defining features largely intact and has not been subject to modern additions or alterations that obscure its original form or character-defining features.

In addition to meeting the criteria pursuant to

(a)1 above, a building or structure must also possess at least one of the following historic or cultural characteristics to be designated a heritage farm structure:

i. The building or structure represents a rare or unusual type, or possesses a distinctive method, of construction;

ii. The building or structure is associated with important persons or trends in New Jersey agriculture; or

iii. The building or structure is part of an intact farmstead complex that collectively has associative historical value.

(b) The designation of a heritage farm structure will be determined by the Committee in consultation with staff and/or a consultant who meets the professional qualifications set forth in N.J.A.C. N.J.A.C. 2:76-22A.3(d). The Committee may also consult with the New Jersey Historic Preservation Office, as necessary.

(c) A building or structure determined eligible for listing in the New Jersey Register of Historic Places pursuant to N.J.A.C. 7:4-2.2 meets the criteria for designation as a heritage farm structure and any such building or structure does not require designation by the Committee.

(d) An owner may seek a reconsideration of a heritage farm structure determination by the Committee pursuant to (a)2 above by submitting documentation consistent with N.J.A.C. 7:4-2.3 prepared by a consultant who meets the professional qualifications set forth in N.J.A.C. 2:76-22A.3(d).

History

Adopted by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22A.8 Heritage preservation easement deed restrictions

(a) Upon receipt of an application for a special permit for a rural microenterprise in which more than 2,500 square feet of interior space of a heritage farm structure is proposed to be altered or finished, up to 100 percent of interior space of a heritage farm structure may be altered or finished provided the owner agrees to place on the structure, in a form approved by the Committee, a deed of heritage preservation easement as a condition of the issuance of the special permit.

(b) The heritage preservation easement shall be effective for 20 years from date of recording.

(c) The deed of heritage preservation easement shall be recorded in the county clerk's office within 30 days after the effective date of the Committee's approval of the rural microenterprise.

(d) If the Committee approves a renewal of a special permit prior to the expiration of that permit, the Committee shall record a renewal of the heritage preservation easement for a 20-year term in the county clerk's office within 30 days after the effective date of the Committee's approval of the renewal.

(e) If the Committee issues a new special permit for a rural microenterprise within a heritage farm structure after a previously-issued special permit has expired, a new 20-year heritage preservation easement shall be recorded in accordance with (c) above.

(f) The Committee shall record a termination of a heritage preservation easement in the county clerk's office within 30 days after the date of expiration or extinguishment pursuant to N.J.A.C. 2:76-22A.9(c).

(g) The heritage preservation easement deed restrictions shall be liberally construed to effectuate the purpose and intent of the New Jersey Rural Microenterprise Act, N.J.S.A. 4:1C-32.1 et seq., and shall include the project components enumerated at N.J.A.C. 2:76-22A.3, 22A.4, and 22A.6.

(h) For any project where an owner is seeking a Federal income tax deduction for donating a conservation easement for the conservation purpose of the preservation of a historically important land area or a certified historic structure pursuant to 26 U.S.C. § 170, the owner can utilize a preservation easement template approved in advance and held by both the Committee and the New Jersey Historic Trust in lieu of the heritage preservation easement deed restrictions as set forth in this section.

History

Adopted by 50 N.J.R. 1343(b), effective 6/4/2018

N.J. Admin. Code § 2:76-22A.9 Procedures in case of casualty loss of heritage farm structure's protected features

(a) If the protected features are damaged or destroyed by fire, flood, windstorm, hurricane, earth movement, or other like casualty, the owner shall notify the Committee in writing within 10 days of the damage or destruction, with such notice describing what, if any, emergency work already has been completed. No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the protected features and to protect public safety, shall be undertaken by the owner without the Committee's prior written approval.

(b) Within 60 days of the date of damage or destruction, and if required by the Committee, the owner, at the owner's sole expense, shall provide the Committee with a written report prepared by a qualified architect or historic architect who meets the professional qualifications set forth in N.J.A.C. 2:76-22A.3(d), which report shall include the following:

An assessment of the nature and extent of the damage to the protected features;
A determination of the feasibility of the restoration and/or reconstruction of the damaged or destroyed portions of the protected features; and
A report recommending restoration/reconstruction work necessary to return the protected features to the condition they were in as of the date of execution of the deed of easement for heritage preservation.

(c) The Committee shall have 60 days from receipt of a complete report as set forth in (b) above within which to review the report and notify the owner, in writing, of its recommendations concerning restoration and reconstruction. Prior to making its recommendations, the Committee shall make a reasonable effort to consult with the owner and discuss the various options. If, after reviewing such report, the Committee and the owner agree that the purpose of the deed of heritage preservation easement would be served by the recommended restoration/reconstruction, the Committee and the owner shall establish a schedule pursuant to which the owner shall complete the restoration/reconstruction, in accordance with plans and specifications agreed to by the parties.

(d) If the Committee determines, after reviewing the report, that restoration/reconstruction would not serve the purpose and intent of the deed of heritage preservation easement, or is not practicable, then the owner may, with the Committee's prior written approval, demolish, remove, or raze all or a portion of the protected features and/or construct improvements. In this event, the owner and the Committee may agree to extinguish the deed of heritage preservation easement in whole or in part, said extinguishment to be recorded by the Committee in the county clerk's office.

History

Adopted by 50 N.J.R. 1343(b), effective 6/4/2018

Subchapter 23 SPECIAL PERMIT FOR INSTALLATION OF PERSONAL WIRELESS SERVICE FACILITY ON PRESERVED FARMLAND

N.J. Admin. Code § 2:76-23.1 Applicability

This subchapter applies to the issuance of any special permit pursuant to N.J.S.A. 4:1C-32.2, to allow a personal wireless service facility to be erected on land on which a development easement was conveyed to, or retained by the Committee, a board, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-31), section 5 of P.L. 1988, c. 4 (N.J.S.A. 4:1C-31.1), section 1 of P.L. 1989, c. 28 (N.J.S.A. 4:1C-38), section 1 of P.L. 1999, c. 180 (N.J.S.A. 4:1C-43.1), sections 37 through

40 of P.L. 1999, c. 152 (N.J.S.A. 13:8C-37 through N.J.S.A. 13:8C-40), or any other State law enacted for farmland preservation purposes.

N.J. Admin. Code § 2:76-23.2 Purpose

The purpose of this subchapter is to establish the process for any person who owns land on which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization pursuant to N.J.S.A. 4:1C-32.2, to apply for a special permit to allow for a personal wireless service facility to be erected on the premises, and to identify the standards for review of an application for a special permit by the Committee, board or qualifying tax exempt nonprofit organization.

N.J. Admin. Code § 2:76-23.3 Definitions

As used in this subchapter, the following words and terms shall have the following meanings:

"Application" means a request for a special permit to allow for erection of a personal wireless service facility as detailed in a standard form adopted by the Committee.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-17 or a sub-regional agricultural retention board established pursuant to N.J.S.A. 4:1C-20.

"Commercial farm" means:

A farm management unit of no less than five acres producing agricultural or horticultural products worth $ 2,500 or more annually, and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.; or
A farm management unit less than five acres, producing agricultural or horticultural products worth $ 50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Deed of easement" means the deed restricting the premises for agricultural purposes that is recorded with the county clerk's office pursuant to the provisions of section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-31), section 5 of P.L. 1988, c. 4 (N.J.S.A. 4:1C-31.1), section 1 of P.L. 1989, c. 28 (N.J.S.A. 4:1C-38), section 1 of P.L. 1999, c. 180 (N.J.S.A. 4:1C-43.1), or sections 37 through

40 of P.L. 1999, c. 152 (N.J.S.A. 13:8C-37 through N.J.S.A. 13:8C-40). For land acquired in fee simple title for farmland preservation purposes, the deed transferring the restricted fee ownership of the land by the committee or other entity is considered the deed of easement.

"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by and acquired under the provisions of N.J.S.A. 4:1C-32.1 and any relevant rules or regulations promulgated pursuant thereto.

"Exception" means a portion of an applicant's landholdings excluded from the premises and although identified in the deed of easement, is unencumbered by the farmland preservation restrictions mandated by N.J.A.C. 2:76-6.1 5(a) and set forth in the deed of easement.

"Person" means natural persons, public or private corporations, companies, associations, societies, firms, partnerships and joint stock companies.

"Premises" means the property subject to the deed of easement as defined by the legal metes and bounds description contained in the deed of easement.

"Qualifying tax exempt nonprofit organization" shall have the same meaning as set forth in section 3 of P.L. 1999, c. 152 (N.J.S.A. 13:8C-3).

"Special permit" means a permit to allow one personal wireless communication facility on a preserved farm, issued by the Committee (in its sole discretion if the Committee owns the development easement or in the joint discretion of the Committee and a board or qualifying tax exempt nonprofit organization holding the deed of easement), pursuant to N.J.S.A. 4:1C-32.2 and the procedures and criteria set forth in this subchapter.

N.J. Admin. Code § 2:76-23.4 Eligibility to apply for a personal wireless service facility

(a) Any person who owns land on which a development easement was conveyed to, or retained by, the Committee, a board, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-31), section 5 of P.L. 1988, c. 4 (N.J.S.A. 4:1C-31.1), section 1 of P.L. 1989, c. 28 (N.J.S.A. 4:1C-38), section 1 of P.L. 1999, c. 180 (N.J.S.A. 4:1C-43.1), sections 37 through

40 of P.L. 1999, c. 152 (N.J.S.A. 13:8C-37 through N.J.S.A. 13:8C-40), or any other State law enacted for farmland preservation purposes may apply for a special permit to allow a personal wireless service facility to be erected on the land, provided that:

The land is a commercial farm;
No other special permit for a personal wireless service facility on the premises has been granted;
There is no commercial nonagricultural activity in existence on the premises at the time of application for the special permit or on any portion of the farm that is not subject to the development easement, except that the Committee may waive the requirements of this paragraph entirely or subject to any appropriate conditions:

i. If such preexisting commercial nonagricultural activity is deemed to be of a minor or insignificant nature or to rely principally upon farm products, as defined pursuant to N.J.S.A. 4:10-1, derived from the farm; or

ii. For other good cause shown by the applicant;

Notwithstanding (a)3 above, a person who has been granted a special permit for a commercial nonagricultural activity pursuant to N.J.A.C. 2:76-22 is eligible for a special permit on the same premises pursuant to this subchapter; and

The development easement was acquired without the participation of Federal Farm and Ranch Lands Protection Program funds.

(b) In the event the premises were divided after conveyance of the development easement in accordance with N.J.A.C. 2:76-6.1 5(a)15, only one special permit for a personal wireless facility may be issued by the Committee for the originally preserved premises, regardless of the number of resulting parcels of land.

If a special permit for a personal wireless facility has been previously issued on a parcel of land created as a result of a division of premises, no other special permits for a personal wireless facility may be issued on any of the remaining parcel(s) of land created by the division.

N.J. Admin. Code § 2:76-23.5 Application for personal wireless service facility

(a) Any person who meets the qualifications contained in N.J.A.C. 2:76-23.4 may apply for a special permit for the erection of a personal wireless service facility by simultaneously submitting an application to the owner of the development easement and to the Committee. The application shall include the following information and documents:

A copy of the recorded deed showing the current record owner of the restricted premises;
A copy of the recorded deed of easement;
The block(s) and lot(s) designations of the premises;
Proof that the premises is a commercial farm;
A survey plat of the premises that identifies and labels:

i. The existing structure(s) on which the personal wireless facility will be placed;

ii. The location and size of proposed structure(s) to accommodate the personal wireless facility (not to exceed 500 square feet);

iii. The proposed expansion of any existing structure(s) to accommodate the personal wireless facility (not to exceed 500 square feet in footprint area in total for all structures necessary to accommodate personal wireless facility); and

iv. All existing structures, streams, and other features of the premises;

A description of how the location, design, height, and aesthetic attributes of the personal wireless service facility reflect, to the greatest degree possible without creating an undue hardship on the applicant or an unreasonable impediment to the erection of the personal wireless service facility, the public interest of preserving the natural and unadulterated appearance of the landscape and structures, including a description of any camouflage of the personal wireless service facility to minimize visual impact.

i. The applicant shall provide photographs (preferably digital, with one printed copy and one electronic copy) of the location of the proposed personal wireless facility, taken from an adequate distance and from all directions to assist in visualizing the impact of the proposed facility on the existing landscape;

A description of any commercial nonagricultural activity already in existence on the premises at the time of application for the special permit or on any portion of the farm that is not subject to the development easement;
Proof that the structure(s) to be used for the personal wireless facility existed on the date of application for the special permit.

i. The applicant shall provide photographs (preferably digital, with one printed copy and one electronic copy) of the interior and exterior of the structure(s) in which the personal wireless facility is proposed;

Justification that any proposed construction of a new structure or expansion of an existing structure is necessary to the operation or functioning of the personal wireless facility.

i. If a new structure is being proposed, the applicant shall certify that there are no existing structures on the premises that could be utilized or occupied to adequately support the personal wireless service facility, and describe the deficiencies associated with each existing structure to support that certification.

ii. If an existing structure is being expanded, the applicant shall justify that the area of the proposed footprint of the expanded structure is reasonably calculated based solely on the demands of accommodating the personal wireless service facility and does not include excess space;

An explanation as to whether the personal wireless service facility interferes with the use of the land for agricultural production;
An explanation as to whether the personal wireless service facility utilizes the land and structures in their existing condition;
An explanation as to whether the personal wireless service facility will have an adverse impact upon the soils, water resources, air quality or other natural resources of the land or the surrounding area and whether the applicant will need to create parking spaces, paved or unpaved.

i. The applicant shall identify the number of existing parking spaces and the number of parking spaces that will be needed to accommodate the personal wireless service facility;

Using a scale, established in the application, identification of the location of the proposed personal wireless service facility on:

i. A United States Department of Agriculture, Natural Resources Conservation Service (NRCS) soils map that uses the most current NRCS Soil Survey Geographic (SSURGO) Database, with a summary of the soil mapping units and designation of important soils (prime soils, soils of statewide importance, unique or local importance);

ii. A United States Geological Service (USGS) topographic quadrangle map;

iii. A current tax map; and

iv. A New Jersey Department of Environmental Protection wetlands map;

A description of the amount of traffic the applicant expects to be generated, and the number of employees required, as a result of the personal wireless facility.
Copies of all local zoning and land use approvals obtained by the applicant and/or the personal wireless service company, and any other approvals required by State, federal, or local law, rule, regulation, or ordinance, even if the proposed facility includes a compatible wireless communication use, such as law enforcement or emergency response communication equipment, which may otherwise exempt the proposed facility from obtaining such approvals.
A commitment in writing from the personal wireless service facility company that it will allow, at no charge to the requesting State or local governmental entity, the sharing of the facility for any State or local owned or sponsored compatible wireless communications use for public purposes, such as law enforcement or emergency response communication equipment approved by the Committee;
Documentation from the wireless service company showing that the personal wireless service facility is necessary and serves a public benefit by potentially improving cellular communications, in particular for emergency purposes;
The time period for which the applicant would like the special permit to be effective, provided that any request for an effective period of over five years shall include a justification for the longer time period.

i. The applicant shall provide a copy of the proposed contract or lease agreement with the wireless service company;

Whether the wireless service company is requiring the conveyance of an easement or another interest in the premises to construct or access the personal wireless service facility;

An estimate of the cost and time needed for completion of a functional wireless service facility; and
An application fee in the amount of $ 1,000 made payable to the State of New Jersey, State Agriculture Development Committee, in the form of a money order or bank check.

i. The application fee is nonrefundable, regardless of whether a special permit is issued.

(b) If the Committee or easement holder deems the application incomplete, the applicant shall have 120 days of receipt of written notice to provide the necessary information, unless otherwise extended by the reviewing entity.

N.J. Admin. Code § 2:76-23.6 Evaluation criteria for personal wireless service facilities

(a) When reviewing special permit applications, the Committee (or Committee and easement holder jointly) shall determine whether the application meets the following criteria:

The premises meets the definition of "commercial farm" set forth in this subchapter;
No other special permits for a personal wireless service facility have been granted on the premises;
The personal wireless service facility is necessary and serves a public benefit by potentially improving cellular communications, in particular, for emergency purposes;
There are no commercial nonagricultural activities in existence on the premises or on any portion of the farm that is not subject to the development easement.

i. The Committee and easement holder may waive this requirement if they find the preexisting commercial nonagricultural activity is of a minor or insignificant nature or relies principally on farm products, as defined in N.J.S.A. 4:10-1, derived from the premises or for other good cause shown by the applicant; and

ii. The issuance of a special permit for a commercial nonagricultural activity pursuant to N.J.A.C. 2:76-22 shall not preclude the issuance of a special permit for a personal wireless service facility under this subchapter;

The personal wireless service facility utilizes, or is supported by, a structure(s) existing on the premises as of the date of application, except for the conditions set forth in (a)6 and 7 below;
If an expansion of an existing structure(s) is requested:

i. The expansion cannot exceed 500 square feet in footprint area in total for all of the structures needed to accommodate the personal wireless service facility;

ii. The expansion is necessary to the operation or functioning of the personal wireless service facility; and

iii. The area of the proposed footprint of the expansion is reasonably calculated based solely upon the demands of accommodating the personal wireless service facility and does not incorporate excess space;

If a new structure is being proposed to support or accommodate the personal wireless service facility:

i. The new structure cannot exceed 500 square feet in footprint area;

ii. The new structure is necessary to the operation or functioning of the personal wireless service facility;

iv. There are no existing structures on the land, which could be utilized or occupied to adequately support the personal wireless service facility and the relevant deficiencies associated with each existing structure, as provided by the applicant pursuant to N.J.A.C. 2:76-23.5(a)9 i, support that conclusion;

The personal wireless service facility does not interfere with the use of the land for agricultural purposes;
The personal wireless service facility uses the land in its existing condition, except as otherwise allowed pursuant to (a)7 above;
The personal wireless service facility does not have an adverse impact upon the soils, water resources, air quality, or other natural resources of the land or the surrounding area and does not require the creation of additional parking spaces, paved or unpaved and is consistent with the deed of easement and land use approvals and any other applicable approvals that may be required by Federal, State, or local laws, rules, regulations, or ordinances, provided that if such approvals contain any requirements for implementation of the personal wireless service facility that are inconsistent with N.J.S.A. 4:1C-32.2, this subchapter or the special permit itself, the special permit will be denied.

i. To the maximum extent possible, the facility shall avoid being placed on soils classified as prime farmland and Statewide importance;

The location, design, height, and aesthetic attributes of the personal wireless service facility reflect, to the greatest degree possible without creating an undue hardship on the applicant or an unreasonable impediment to the erection of the personal wireless service facility, the public interest of preserving the natural and unadulterated appearance of the landscape and structures;
All necessary local zoning and land use approvals, and any other approvals required by Federal, State, or local law, rule, regulation or ordinance have been obtained, and such approvals do not contain any requirements for implementation of the personal wireless service facility that are inconsistent with N.J.S.A. 4:1C-32.2, this subchapter or the special permit itself;
Additional factors, such as traffic generated and the number of employees are limited to the maximum extent possible to limit the intensity of the activity and its impact on the land and surrounding area;
The personal wireless service facility provider has agreed in writing to allow, at no charge to the requesting State or local governmental entity, the sharing of the facility or any State or local government owned or sponsored compatible wireless communication use for public purposes, such as law enforcement or emergency response communication equipment, as permitted by the Committee;
The personal wireless service company is not requiring conveyance of an easement or another interest in the premises to construct or access the personal wireless service facility;
The owner of the premises is not in violation of any provision of the deed of easement; and
The personal wireless service facility otherwise complies with N.J.S.A. 4:1C-32.2.

History

New Rule, R.2008 d.137, effective 6/2/2008 (N.J.A.C. 2:76-23.6(a)10 operative December 2, 2008).
See: 39 N.J.R. 2568(a), 40 N.J.R. 2663(b).
Notice of Extension of Delayed Operative Date of N.J.A.C. 2:76-23.6(a)10.
See: 40 N.J.R. 6539(a).
Amended by R.2009 d.44, effective 1/20/2009.
See: 40 N.J.R. 4855(a), 41 N.J.R. 399(a).
Deleted former (a)10; and recodified former (a)11 through (a)18 as (a)10 through (a)17.

N.J. Admin. Code § 2:76-23.7 Review by board or nonprofit easement owner

(a) A board or a qualifying tax exempt nonprofit organization as the owner of a development easement shall review an application for a special permit pursuant to N.J.A.C. 2:76-23.6 and N.J.S.A. 4:1C-32.2.

(b) The board or qualifying tax exempt nonprofit organization shall confirm that it is in possession of the following documents related to the purchase of development easement on the subject premises:

A copy of the recorded deed of easement;
A copy of the title policy issued at the time the deed of easement was recorded; and
A copy of the original survey of the premises.

(c) The board or qualifying tax exempt nonprofit organization shall inform the Committee of its determination to approve or deny the issuance of the special permit, state the reasons for its decision, and submit the following to the Committee for its review:

Notification of any commercial nonagricultural activities already in existence on the land at the time of application for the special permit or on any portion of the farm that is not subject to the development easement;
The recommended time period for which the special permit shall be effective, and any appropriate conditions of approval;
A resolution of the board or qualifying tax exempt nonprofit organization setting forth the approval, or disapproval, of the application and the reasons therefore;
A determination as to whether the applicant is in violation of any provision of the deed of easement; and
A checklist of documents provided by the applicant to the board/qualifying tax exempt nonprofit organization.

N.J. Admin. Code § 2:76-23.8 Committee review and issuance of permit

(a) The Committee, as the owner of a development easement, shall review an application and in its sole discretion may issue a special permit pursuant to N.J.S.A. 4:1C-32.2 and this subchapter.

(b) If a development easement is owned by a board or qualifying tax exempt nonprofit organization, the Committee, upon receipt of a complete application and notice of approval by the board or qualifying tax exempt nonprofit organization, shall review the application using the criteria set forth in this subchapter.

Approval of an application by a board or qualifying tax exempt nonprofit organization shall not be binding on the Committee if the Committee makes an independent determination that the application does not meet the criteria set forth in this subchapter.
If an application has been denied by a board or qualifying tax exempt nonprofit organization, no further action by the Committee is required.
If the Committee is missing any of the following documents related to the preservation of the premises, the board or qualifying tax exempt nonprofit organization shall provide the Committee with the documents upon request:

i. A copy of the recorded deed of easement;

ii. A copy of the title policy;

iii. A copy of the original survey of the premises; and

iv. The special permit application.

(c) The Committee shall inform the applicant of its decision to approve or deny the application and shall inform the board or qualifying tax exempt nonprofit organization that owns the development easement.

(d) Approval of any special permit shall be subject to the applicant providing evidence that he or she has obtained all necessary local, State and Federal approvals, provided that if such approvals contain any requirements for implementation of the personal wireless service facility that are inconsistent with N.J.S.A. 4:1C-32.2, this subchapter, or the special permit itself, the special permit will be deemed denied.

(e) The Committee may include other reasonable requirements to limit, to the maximum extent possible, the intensity of the permitted activity and its impact on the land and surrounding area.

(f) When issuing a special permit, the Committee shall:

Identify the time period for which the special permit shall be effective; and
Stipulate a time period during which the landowner must exercise the special permit and initiate the erection of the personal wireless service facility.

i. The Committee may provide for an extension up to six months upon a showing of special circumstances or need presented by the applicant.

ii. If the owner fails to exercise the special permit and initiate the erection of the personal wireless service facility within the period designated by the Committee, the special permit shall automatically expire, unless an extension is approved by the Committee pursuant to (f)2i above.

(g) In the event that the record owner obtains a special permit from the Committee, and subsequently contracts for the sale of the premises, the contract-purchaser of the premises may seek approval to continue the personal wireless service facility special permit after conveyance of the property by applying for a new special permit pursuant to N.J.A.C. 2:76-23.5, prior to the actual sale to avoid termination of the special permit.

The contract-purchaser shall provide a copy of the executed contract for the purchase of the premises as part of his or her application.
The contract-purchaser must obtain a special permit issued by the Committee pursuant to N.J.A.C. 2:76-23.8 prior to the conveyance of the premises.

(h) Upon the death of the record-owner of the premises, the heir(s) or estate representative may apply for a special permit pursuant to N.J.A.C. 2:76-23.5.

The heir(s) or estate representative may apply for and obtain Committee approval for a special permit within six months of the record-owner's death.
The special permit shall automatically expire six months from the date of death of the record-owner of the property holding that permit unless the heir(s) or estate representative applies for and obtains a special permit, or applies for and obtains an extension of the six-month period, within that time.
Upon request by the estate representative or heir(s), the Committee may extend the period to apply for and obtain approval of the special permit for up to one year where required for settlement of estate issues provided that the period of any such extension shall not exceed the period of the initial special permit.

(i) All application fees submitted to the Committee pursuant to this subchapter are nonrefundable, regardless of whether a special permit is issued, and shall be used for farmland preservation purposes.

N.J. Admin. Code § 2:76-23.9 Special permit

(a) No more than one special permit for a personal wireless service facility shall be valid at any one time for use on the premises.

(b) The standard duration of a special permit approved by the Committee shall not exceed five years.

A special permit may be approved for a duration greater than five years, but not more than 20 years, if the applicant provides sufficient justification pursuant to N.J.A.C. 2:76-23.5(a)18.

Renewal of a special permit may be sought within two years of the date of scheduled permit expiration.
There shall be no fee for permit renewal.

(d) The special permit shall not run with the land, and each special permit shall explicitly state this, in addition to the following:

The permit shall automatically terminate if there is a change in the record ownership of the premises subject to the following:

i. A contract - purchaser of the premises obtains approval for a special permit prior to the conveyance of the premises pursuant to N.J.A.C. 2:76-23.8(g); or

ii. Upon death of the record owner of the premise, the heir(s) obtains approval for a special permit pursuant to N.J.A.C. 2:76-23.8(h);

The owner/seller of the restricted premises and the purchaser of the restricted premises shall notify the Committee, the owner of the development easement, and the municipality in the event there is a change in record ownership of the premises after a special permit has been issued; and
The personal service wireless facility shall cease operation immediately upon a change in record ownership of the premises except as provided for in (d)1 above.

i. An application may be submitted pursuant to N.J.A.C. 2:76-23.5 if the new owner of the premises wishes to continue the personal wireless service facility. The application shall be treated as a new application, and the new owner shall be required to comply with all procedures set forth in N.J.A.C. 2:76-23.5, including payment of an application fee.

(e) The special permit shall not be assigned or conveyed in any manner.

(f) The special permit shall be recorded by the owner of the premises with the County Clerk's Office in the same manner as a deed;

A copy of the recorded special permit shall be provided to the Committee, the municipality, the owner of the development easement and to any owner of land that was subdivided from the initial preserved farm, if applicable.

(g) The special permit shall be displayed in clear view on the structure(s) for which it was issued.

(h) Upon the expiration or termination of a special permit, the personal wireless facility, including any new structures built to accommodate the facility, and any associated footings, shall be removed and the underlying land shall be restored to its preexisting condition.

N.J. Admin. Code § 2:76-23.10 Monitoring

(a) The owner of the development easement on the premises on which a special permit was issued by the Committee shall monitor the personal wireless facility annually to ensure compliance with the special permit.

A written report with photographs confirming the onsite inspection and determination of compliance or violation shall be provided to the Committee.

(b) The owner of the development easement shall be permitted access to, and to enter upon, the premises at all reasonable times for the purpose of inspection to enforce and assure compliance with the special permit. The owner of the development easement agrees to give the landowner at least 24 hours advance notice of its intention to enter the Premises.

N.J. Admin. Code § 2:76-23.11 Suspension or revocation of a special permit

(a) The Committee may suspend or revoke the special permit for a violation of N.J.S.A. 4:1C-32.2, this subchapter, or any term or condition of the special permit, if it owns the development easement on the farm.

(b) The Committee may suspend or revoke the special permit on a farm in which the development easement is owned by a board or qualifying tax exempt nonprofit organization, if the Committee and board/nonprofit organization jointly determine that the applicant is in violation of any term or condition of the special permit, N.J.S.A. 4:1C-32.2 or this subchapter.

N.J. Admin. Code § 2:76-23.12 Request for hearing

(a) Any applicant or permit holder who is aggrieved by an action of the Committee regarding a permit or renewal application or the suspension or revocation of a permit may submit a written request to the Committee for a hearing.

A request for a hearing shall be sent to the Committee within 20 days of receipt of notice of the Committee's action.
Requests shall be sent to the Executive Director, State Agriculture Development Committee, New Jersey Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625-0330.
Applicants or permit holders shall be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
The decision of the Committee shall be considered a final administrative agency decision, subject to the right of appeal to the Appellate Division of the Superior Court.

N.J. Admin. Code § 2:76-23.13 Report of activities

(a) The Committee shall submit a report every two years to the Governor, President of the Senate, the Speaker of the General Assembly, the respective chairpersons of the Senate Economic Growth Committee, the Senate Environment Committee, the Assembly Agriculture and Natural Resources Committee, and the Assembly Environment and Solid Waste Committee or their designated successors, in accordance with N.J.S.A. 4:1C-32.3.

(b) Copies of the report shall also be made available to the public upon request and free of charge, and shall be posted on the website of the Committee.

Subchapter 24 SOLAR ENERGY GENERATION ON PRESERVED FARMS

N.J. Admin. Code § 2:76-24.1 Applicability

This subchapter applies to the construction, installation, operation, and maintenance of solar energy facilities on a preserved farm for purposes of generating solar energy to provide power or heat to the farm, reduce the farm's energy costs, or alternatively to afford a limited income opportunity to the farm owner provided that the energy facilities occupy no more than one percent of the farm as authorized pursuant to N.J.S.A. 4:1C-32.4.

N.J. Admin. Code § 2:76-24.2 Purpose

The purpose of this subchapter is to establish the process for the Committee to review an application submitted by any person intending to construct, install, and operate solar energy facilities on a preserved farm for the purpose of generating solar energy to provide power or heat to the farm, reduce the farm's energy costs, or alternatively to afford a limited income opportunity to the farm owner provided that the energy facilities occupy no more than one percent of the farm, as well as to make improvements to any agricultural, horticultural, residential, or other building or structure on the land for that purpose, provided that the solar energy facilities satisfy the provisions of N.J.S.A. 4:1C-32.4 and this subchapter.

N.J. Admin. Code § 2:76-24.3 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Agreement" means a legally binding written document between the landowner(s) and the board in the case of a farmland preservation program or between the landowner(s), the board, and the municipal governing body, in the case of a municipally approved farmland preservation program, which must be signed by all parties and certified by the State Agriculture Development Committee to signify approval of a petition for creating a farmland preservation program or municipally approved farmland preservation program and recorded with the county clerk's office.

"Application" means a request to construct solar energy facilities, structures, and equipment on a preserved farm as detailed in a standard form adopted by the Committee.

"Biomass" means an agricultural crop, crop residue, or agricultural byproduct that is cultivated, harvested, or produced on the farm and which can be used to generate energy in a sustainable manner.

"Board" means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a sub-regional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"Committee" or "SADC" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Conservation plan" means a site-specific plan that prescribes land treatment and related conservation and natural resources management measures that are deemed to be necessary, practical, and reasonable for the conservation, protection, and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point source pollution.

"Deed of easement" means the instrument restricting the premises for agricultural purposes that is recorded with the county clerk's office pursuant to the provisions of section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1C-31); section 5 of P.L. 1988, c. 4 (N.J.S.A. 4:1C-31.1); section 1 of P.L. 1989, c. 28 (N.J.S.A. 4:1C-38); section 1 of P.L. 1999, c. 180 (N.J.S.A. 4:1C-43.1); or sections 37 through

"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by and acquired under the provisions of N.J.S.A. 4:1C-11.1 et seq. or N.J.S.A. 13:8C-1 et seq. and any relevant rules promulgated pursuant thereto.

"Electric distribution company" or "EDC" means an electric public utility, as the term is defined in N.J.S.A. 48:2-13, that transmits or distributes electricity to end users within New Jersey. An EDC cannot be an electric power supplier, but may provide basic generation service.

"Electric distribution system" means that portion of an electric system, which delivers electricity from transformation points on the transmission system to points of connection at a customer's property.

"Energy costs" means the farm's expenses to provide power or heat to fixed structures on the farm during the previous calendar year. Fixed structures include buildings and permanent equipment but shall not include vehicles or vehicular equipment.

"Energy demand" means the total amount of power or heat consumed by fixed structures on the farm, expressed in kilowatt hours or kilowatt-hour equivalent, in a given period of time.

"Exception" means a portion of the applicant's landholdings that is excluded from the premises and, although identified in the deed of easement, is unencumbered by the farmland preservation restrictions mandated by N.J.A.C. 2:76-6.1 5(a) and set forth in the deed of easement.

"Farm" means lands from which a development easement was acquired and a deed of easement recorded with the county clerk's office or lands that are enrolled in an eight-year farmland preservation program or municipally approved farmland preservation program pursuant to N.J.S.A. 4:1C-11 et seq. and an agreement is recorded with the county clerk's office. Also included is any portion of the farm excluded from the premises that cannot be severed, known as a nonseverable exception, or any portion of the farm excluded from the premises that can be severed but has not been subdivided from the farm, known as a severable exception.

"Farmland preservation program" means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the Farmland Preservation Bond Act of 1981, P.L. 1981, c. 276, which has as its principal purpose the long-term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, c. 32, and the maintenance and support of increased agricultural production as the first priority use of that land.

"Geotextile fabrics" means permeable, woven and non-woven fabrics that allow for water infiltration into the underlying soil.

"Impervious cover" means any structure or surface that prevents the infiltration of precipitation into the land. This includes, but is not limited to, the inverter, pilings, poles, concrete, asphalt, machine-compacted soil, compacted stone areas, plastic or other impermeable ground cover, and foundations. Impervious cover shall not include the area of the solar panels or conservation practices listed in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) New Jersey Field Office Technical Guide (NJ-FOTG), which is incorporated herein by reference, as amended and supplemented, customized for the State of New Jersey, and prescribes practices and standards for the conservation and management of soil, water, and related natural resources, which is available at http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/fotg, when implemented according to the practice standard.

"Municipally approved farmland preservation program" or "municipally approved program" means any voluntary program, the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the Farmland Preservation Bond Act of 1981, P.L. 1981, c. 276, which has as its principal purpose the long-term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, c. 32, and the maintenance and support of increased agricultural production as the first priority use of that land. Any municipally approved program shall be established pursuant to N.J.S.A. 4:1C-21.

"Net metering" means a system of metering electricity in which the electric power supplier/provider and/or the EDC:

Credits a customer-generator at the full retail rate for each kilowatt-hour produced by a class I renewable energy system installed on the customer-generator's side of the electric revenue meter, up to the total amount of electricity used by that customer during an annualized period; and
Compensates the customer-generator at the end of the annualized period for any remaining credits, at a rate equal to the supplier/provider's avoided cost of wholesale power.

"Occupied area" means the total contiguous or noncontiguous area(s) supporting the solar energy facilities and related infrastructure. The total area calculation shall include all areas of land that are devoted to or support the solar energy facilities; any areas of land no longer available for agricultural or horticultural production due to the presence of the solar energy facilities; nonfarm roadways including access roads; any areas of the farm used for underground piping or wiring to transmit solar energy or heat where the piping or wiring is less than three feet from the surface; the square footage of solar energy facilities mounted on buildings; and areas consisting of other related facilities, structures, and equipment, including any other buildings or site amenities, deemed necessary for the production of solar energy on the farm. It shall also include the total contiguous or noncontiguous area(s) supporting any wind or biomass energy generation facilities and related infrastructure on the farm.

"Operator" means the person or entity that installs, owns, or controls the solar energy facilities, structures and equipment.

"Owner" means the owner of record of the farm.

"Person" means natural persons, public or private corporations, companies, associations, societies, firms, partnerships, and joint stock companies.

"Premises" means the property subject to the deed of easement, as defined by the legal metes and bounds description contained in the deed of easement.

"Prime farmlands" means lands so defined by the USDA Natural Resources Conservation Service, as found in the National Soil Survey Handbook at NSSH Part 622.04, which is incorporated herein by reference, as amended and supplemented and is available at http://soils.usda.gov/technical/handbook/contents/part622.html.

"Qualifying tax-exempt nonprofit organization" shall have the same meaning as set forth in section 3 of P.L. 1999, c. 152 (N.J.S.A. 13:8C-3).

"Site plan" means a plot plan that includes the following:

Property lines and physical dimensions of the farm, including block(s) and lot(s) designations as set forth in the property survey created at the time of preservation of the farm or an updated version thereof;
Location, configuration, and size of the occupied area measured in square feet and acres;
Facility specifications, including manufacturer and model; industry technical bulletin describing the solar energy equipment; method of mounting; system height; rated capacity and expected annual generation/production in alternating current in kilowatt hours, if power will be generated, or BTUs and kilowatt-hour equivalent, if heat will be produced;
Location of above- and below-ground pipes, wires, and any other improvements or infrastructure to accommodate the solar energy facilities, with depths indicated for below-ground improvements and infrastructure;
For facilities that will be net metered, the location of electric meters and sources of energy demand that will be serviced by the facilities;
Proposed new roadways and existing roadways used to install, maintain, or otherwise access the solar energy facilities;
Computed distances for setbacks from property lines and roads;
Location and computed areas where concrete, asphalt, gravel, geotextile fabrics, or other such land treatments are proposed and the nature and extent of any site disturbances within the occupied area;
Location, rated capacity, installation date, and annual generation/production of any existing solar, wind, or biomass energy equipment or structures on the farm in alternating current kilowatt hours, if power is generated, or kilowatt-hour equivalent, if heat is produced;
Location of all existing structures and improvements on the farm;
For a farm with an occupied area of greater than one acre on the premises, a copy of the conservation plan that was approved by the soil conservation district, which is set forth at N.J.A.C. 2:76-24.6(a)1 i(4); and
A copy of the farmland assessment form for the most recent tax year approved by the local tax assessor for the farm.

"Solar energy" means electricity or heat that is generated through a system that employs solar radiation.

"Solar energy facilities" means distinct solar energy systems that require their own dedicated inverter, electrical distribution, and transmission wiring system, and all other associated components, including, but not limited to, solar panels and films, arrays, collectors, piping, footings, supports, mounting and stabilization devices, pumps, transformers, utility poles, and other on-farm equipment, structures, and infrastructure necessary to operate and maintain the system for the generation of power or heat.

"Topsoil" means the upper part of the soil, generally the plow layer within the "A" horizon(s), ordinarily rich in organic matter, which is the most favorable material for plant growth.

"Wind energy" means electrical or mechanical power that is generated through a system that employs the kinetic energy in the wind.

N.J. Admin. Code § 2:76-24.4 Eligibility to install, operate, and maintain solar energy facilities on a farm

(a) Any person who owns a farm may submit an application to the Committee for the construction, installation, operation, and maintenance of solar energy facilities (facilities) on the farm provided that:

The facilities will not interfere significantly, as set forth in N.J.A.C. 2:76-24.6, with the use of the land for agricultural or horticultural production;
The facilities are owned by the landowner, or will be owned by the landowner upon the conclusion of the term of an agreement with the installer or operator of the solar energy generation facilities, structures, or equipment by which the landowner uses the income or credits realized from the solar energy generation to purchase the facilities, structures, or equipment;
The facilities will be used to provide power or heat to the farm, either directly or indirectly, or to reduce, through net metering or similar programs and systems, energy costs on the farm;
Solar energy facilities on the farm are limited in total annual energy generation to:

i. The farm's previous calendar year's energy demand plus 10 percent, in addition to energy generated from facilities, structures, or equipment existing on roofs of buildings or other structures on the farm on January 16, 2010; or

ii. Alternatively at the option of the landowner, to an occupied area consisting of no more than one percent of the area of the farm;

If wind or biomass energy generation systems are located on the farm, the limits in (a)4i and ii above shall apply to the cumulative total energy generated or area occupied by all the solar, wind, and biomass energy facilities;
The owner(s) of the farm and the solar energy facilities will sell energy only through net metering, or as otherwise permitted under an agreement pursuant to (a)2 above, and/or directly to the electric distribution system provided that the solar energy facilities occupy no greater than one percent of the farm;
The land occupied by the solar energy facilities is eligible for valuation, assessment, and taxation pursuant to P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.) and will continue to be eligible for such valuation after construction of the solar energy facilities;
The solar energy facilities do not exceed the one acre of impervious cover on the premises; and
A solar energy facility located in the Pinelands Area, as defined and regulated by the Pinelands Protection Act, P.L. 1979, c. 111 (N.J.S.A. 13:18A-1 et seq.), complies with the standards of P.L. 1979, c. 111 and the comprehensive management plan for the Pinelands Area adopted pursuant to P.L. 1979, c. 111.

N.J. Admin. Code § 2:76-24.5 Application for the construction, installation, operation, and maintenance of a solar energy facility

(a) Any person who owns a farm may apply for approval to construct, install, operate, and maintain a solar energy facility by submitting an application to the Committee. The application shall include the following information and documents:

A copy of the recorded deed showing the current owner of record of the restricted premises;
A site plan;
Digital photographs showing the proposed installation site taken from various angles and distances to show the installation site and immediate surroundings;
A proposed or fully executed purchase or lease agreement for the solar energy facilities, structures, and equipment that clearly identifies that the owner of the qualified farm owns or will own the facilities, structures, and equipment by the end of the term of a lease agreement and the end date for that agreement;
For solar energy facilities that will provide power, documentation from the electric distribution company that the solar energy facilities are designed in accordance with net metering requirements pursuant to N.J.A.C. 14:8-4; documentation showing that the solar energy facilities will provide power directly to the farm outside of a meter; or documentation from PJM Interconnection, LLC or the EDC showing that the solar energy facilities will provide power directly to the electric distribution system;
A copy of the farm's electric utility bills, and/or copies of other bills, receipts, or other documentation demonstrating the amount of electricity or fuel used to meet the farm's energy demand for the previous calendar year; and
If the farm is located in the Pinelands Area, evidence that written confirmation has been requested from the Pinelands Commission that the solar energy facilities comply with the standards of P.L. 1979, c. 111 and the comprehensive management plan for the Pinelands Area adopted pursuant to P.L. 1979, c. 111.

(b) Any person who owns a farm and intends to expand a previously installed solar energy facility shall submit a new application to the SADC.

N.J. Admin. Code § 2:76-24.6 Evaluation criteria

(a) When reviewing an application, the Committee shall determine whether the application meets the following criteria:

Factors for determining if the solar energy facilities, structures, and equipment interfere significantly with the use of the land for agricultural or horticultural production are as follows:

i. The facilities do not conflict with the deed of easement, including, but not limited to, the following:

(1) There is no detrimental impact to drainage, flood control, water conservation, erosion control, or soil conservation on the premises;

(2) During construction and installation of the solar energy facilities, appropriate measures are taken to control soil erosion from wind and water on the premises, including, but not limited to, the following:

(A) The temporary stabilization of exposed areas using vegetative cover or mulch; and

(B) The application of nonpotable water to exposed areas and the utilization of barriers to control air current and minimize soil blowing;

(3) During operation and maintenance of solar energy facilities, appropriate measures are taken to address soil and water conservation resource concerns on the premises;

(4) Solar energy facilities with an occupied area of more than one acre on the premises shall be constructed, installed, operated, and maintained in accordance with a farm conservation plan that addresses soil and water resource concerns outlined in the National and State Resources Concerns and Quality Criteria (Section III) and Practice Standards (Section IV) of the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) New Jersey Field Office Technical Guide (NJ-FOTG), which is incorporated herein by reference, as amended and supplemented, customized for the State of New Jersey, prescribing practices and standards for the conservation and management of soil, water, and related natural resources, which is available at http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/technical/fotg. The conservation plan filed must include a completed and NRCS-approved CPA-52 Environmental Evaluation Worksheet;

(5) The types of agricultural use or production that can occur on the premises shall not be restricted.

(A) The presence of the solar energy facilities shall not negatively impact the ability to utilize any portion of the premises outside the occupied area for a variety of agricultural or horticultural purposes;

(6) The solar energy facilities shall not interfere with the ability to access the premises for agricultural or horticultural purposes or uses, and to ensure compliance with the deed of easement and the provisions of this subchapter;

(7) Solar energy facilities shall not supply power or heat to an off-farm source of energy demand.

(A) Solar energy facilities shall not be interconnected to any off-farm energy consumer or off-farm source of energy demand.

(B) Solar energy facilities shall not be interconnected in a series to other energy generation facilities located off the farm.

(C) Solar energy facilities may be directly connected to the electric distribution system for the primary purpose of producing wholesale power, provided the facilities do not occupy more than one percent of the farm and are otherwise consistent with N.J.S.A. 4:1C-32.4 and the provisions of this subchapter;

(8) Easements shall not be provided through the farm for the purpose of transmitting power generated by an off-farm source, or to provide for roadways to service solar energy facilities not located on the farm.

(A) The prohibition on easements through the farm in this sub-subparagraph shall not apply to severable exception areas;

(9) Facilities servicing a use in a severable exception area shall be located entirely within the severable exception area;

(10) Facilities primarily servicing nonagricultural and/or nonresidential uses in a nonseverable exception area shall be located entirely in the nonseverable exception area to the maximum extent practicable or financially feasible.

(A) Where it is not possible to locate such facilities entirely in the nonseverable exception area, priority shall be given to mounting facilities on existing buildings and structures, and the portion of the occupied area outside the nonseverable exception area shall not exceed one acre or one percent of the farm, whichever is less, and the SADC may require from the facilities installer an itemization of all energy consuming devices connected to the electric revenue meter(s) to be serviced by the facilities, by energy demand and type of use, to determine whether the facilities will primarily service nonagricultural and/or nonresidential uses in the nonseverable exception area.

(B) Facilities located outside nonseverable exception areas to service energy demand within the nonseverable exception areas, may not be permitted or may be subject to more stringent Federal limitations than described in this sub-subparagraph, if the farm was preserved with funding from the U.S. Department of Agriculture Natural Resources Conservation Service's Farm and Ranch Lands Protection Program; and

(11) The facilities shall be located and configured in a manner that maximizes the use of the premises for agricultural or horticultural purposes.

(A) Facilities shall not be constructed or installed on prime farmland to the maximum extent practicable and financially feasible.

(B) Facilities shall be located along field edges and in nonproduction areas to the maximum extent practicable and financially feasible.

(C) Facilities shall be sited and configured to avoid dividing larger fields into smaller fields and isolating areas of the farm such that they are no longer viable or efficient for agricultural production, including, but not limited to, restricting the movement of agricultural vehicles/equipment for planting, cultivation, and harvesting of crops, and creating negative impacts on support infrastructure such as irrigation systems;

ii. The mounting of solar panels, collectors, or films constructed, installed, and operated on the premises shall be done in the following manner:

(1) The preferred installation shall be on buildings or facilities to minimize adverse impacts on the productivity of the soil.

(2) In the event that the method in paragraph (a)1ii(1) above is not practicable or financially feasible, the method of installation shall be as follows:

(A) On the ground by a screw, piling, or similar system that does not require a footing, concrete, or other permanent mounting; or

(B) Where the occupied area does not exceed one acre, using gravel within contained structures, concrete block, or similar materials for the purpose of providing ballast for mounting the solar energy facilities.

(3) In the event that the methods in (a)1ii(2) above, for mounting the solar panels, collectors, or films, are not practicable or financially feasible, then written justification shall be provided by a licensed professional engineer responsible for designing the installation of the solar panels, collectors, or films that a permanent ground mounting is necessary to conform with Federal or State laws, rules, or regulations, and that the permanent mounting requires footings, concrete, or other permanent methods;

iii. The treatment of the premises for purposes of constructing, installing, operating, or maintaining the solar energy facilities within the occupied area shall be in accordance with the following standards to ensure the land can readily be returned to active agricultural or horticultural production after the removal of the solar energy facilities.

(1) Site disturbance associated with the solar energy facilities, including, but not limited to, grading, topsoil, and subsoil removal, excavation and soil compaction, shall not exceed one acre on the premises.

(A) If wind or biomass energy generation facilities are located on the premises, the one-acre limit in (a)1iii(1) above shall apply to the cumulative total site disturbance resulting from all of the solar, wind, or biomass energy systems on the premises.

(B) Land smoothing in accordance with Practice Standards (Code 466) of the Natural Resources Conservation Service New Jersey-Field Office Technical Guide (NRCS NJFOTG) shall not be considered site disturbance.

(2) Excess topsoil shall not be removed from the premises, but shall be distributed or stockpiled elsewhere on the premises.

(A) For farms with an occupied area of more than one acre, topsoil shall be distributed or stockpiled on the premises in accordance with the farm conservation plan.

(3) The use of geotextile fabrics on the premises is permitted only for the purpose of conducting agricultural or horticultural production within the occupied area, unless otherwise permitted in this section.

(4) The use of concrete or asphalt on the premises is prohibited within the occupied area, except as follows:

(A) The mounting of inverters, transformers, power conditioning units, control boxes, pumps, and other such system components;

(B) The mounting of solar panels, films, and arrays when used as ballast, as described in (a)1ii(2)(B) above; and

(C) The mounting of the solar panels, films, and arrays, if determined necessary by a licensed professional engineer as described in (a)1ii(3) above.

(5) The placement of gravel or stone on the premises is prohibited for the purpose of preventing vegetative growth unless recommended as part of an approved NRCS soil and water conservation practice.

(6) New roadways within the occupied area shall be designed as grassed roadways to minimize the extent of soil disturbance, water runoff, and soil compaction on the premises.

(A) The use of geotextile fabrics and gravel placed on the surface of the existing soil for the construction of temporary roadways during the construction of the solar energy facilities is permitted provided that the geotextile fabrics and gravel are removed once the solar energy facilities are in operation.

(7) Where it is not practicable to utilize the occupied area on the premises for agricultural or horticultural production in accordance with N.J.S.A. 54:4-23.1 et seq.:

(A) The occupied area for ground-mounted facilities shall be maintained in vegetative cover to prevent soil erosion, mowed on a regular basis, and managed to prevent weeds or other invasive species from growing or spreading to other areas of the farm; or

(B) The occupied area beneath facilities mounted on buildings or other structures permitted pursuant to the deed of easement, including, but not limited to, carports or equipment shelters, shall be maintained in a manner consistent with the use of the buildings or structures; and

iv. The solar energy facilities shall be deemed abandoned and the facilities shall be decommissioned in those instances when they are no longer being utilized to produce solar energy for a period of 18 consecutive months.

(1) The decommissioning of facilities, structures, and equipment on the premises shall ensure that the agricultural productivity of the soil is restored to the greatest extent practicable, including, but not limited to, the following:

(A) All solar energy facilities shall be removed from the farm and the land shall be restored in order to achieve as much agricultural productivity of the soil as practicable and financially feasible; and

(B) The decommissioning of solar energy facilities with an occupied area of greater than one acre on the premises shall be performed in accordance with a farm conservation plan prepared pursuant to NJ-FOTG that addresses soil and water resource concerns, as set forth at (a)1i(4) above.

Factors for determining if the facilities, structures, and equipment are owned by the landowner or will be owned by the landowner upon the conclusion of the term of an agreement with the installer or operator of the solar generation facilities, structures, or equipment by which the landowner uses the income or credits realized from the solar energy to purchase the facilities, structures, or equipment are as follows:

i. A copy of a fully executed purchase or lease agreement for the facilities, structures, and equipment shall be provided to the Committee that clearly identifies that the owner(s) of the farm will be the sole owner(s) of the facilities, structures, and equipment on installation, or will be the sole owner(s) by the end of the term of the agreement.

(1) The term of an agreement whereby a farm owner leases the facilities and will purchase them at the end of the agreement shall not exceed 20 years.

(2) The agreement shall include an unconditional assignment to any subsequent owner taking title to the farm prior to the conclusion of an agreement.

ii. No portion of the land on the premises may be leased for the purpose of solar energy generation or production.

(1) Solar energy facilities may be leased only pursuant to an agreement in (a)2i above.

(2) A farm owner shall not lease solar energy facilities to another individual or party.

Factors for determining if the power or heat to the farm is provided directly or indirectly, or reduces through net metering or similar programs and systems, energy costs on the farm, are as follows:

i. For facilities that will be net metered, an approved Part One Interconnection/Application Agreement Form approved by the EDC pursuant to N.J.A.C. 14:8-5.4, 5.5, and 5.6, which is available from the EDC and includes a Part 1 (Terms and Conditions) and Part 2 (Certificate of Completion) shall be provided to the Committee, and the project shall meet the definition of net metering as set forth in this subchapter; or

ii. For facilities that will not be net metered, the landowner shall provide to the Committee:

(1) Documentation that the energy will be used to provide power or heat directly to the farm outside of the meter; or

(2) Where the facilities will provide energy directly to the electric distribution system, copies of electric utility bills and/or other bills, receipts, or documentation demonstrating the cost to provide power or heat to meet the farm's energy demand and a copy of either:

(A) An approved PJM Interconnection Service Agreement, which is part of the PJM Open Access Transmission Tariff, available at http://www.pjm.com/documents/%7e/media/documents/agreements/tariff.ashx, completed and signed by the EDC; or

(B) An approved Part One Interconnection/Application Agreement Form approved by the EDC pursuant to N.J.A.C. 14:8-5.4, 5.5, and 5.6, completed and signed by the EDC.

Factors for determining that the annual energy generation of solar energy facilities on the farm is limited to the farm's previous calendar year's energy demand plus 10 percent, in addition to energy generated or collected from facilities, structures, or equipment existing on roofs of buildings or other structures on the farm on January 16, 2010, are as follows:

i. The annual energy generation is based on the monthly sum of the farm's previous calendar year's energy demand and does not exceed that amount plus 10 percent.

ii. The landowner shall provide copies of the farm's electric utility bills and/or other bills, receipts, or other documentation demonstrating the amount of electricity or fuel used to meet the farm's energy demand.

iii. The farm owner shall provide documentation of installation date(s) for energy generation facilities, structures, or equipment already existing on roofs of buildings or other structures on the farm.

iv. If wind or biomass energy generation facilities are located on the farm, the limit in (a)4i above applies to the cumulative energy generated by solar, wind, and biomass facilities on the farm.

Factors for determining that the solar energy facilities on the farm are limited to an occupied area consisting of no more than one percent of the area of the farm are as follows:

i. A copy of the site plan depicting the occupied area shall be provided to the Committee;

ii. Solar energy facilities installed on the farm prior to the enactment of P.L. 2009, c. 213 on January 16, 2010, shall not be considered part of the occupied area in applications for new solar energy facilities unless the applications involve the expansion of pre-existing facilities; and

iii. If wind or biomass energy generation facilities are located on the farm, the limit in this paragraph shall apply to the total cumulative area occupied by all the solar, wind, and biomass energy generation facilities on the farm.

Factors for determining that the person who owns the farm and the solar energy facilities may only sell energy through net metering or as otherwise permitted under an agreement allowed pursuant to (a)2 above, and/or directly to the electric distribution system provided that the occupied area of the solar energy facilities does not exceed one percent of the farm.

i. For facilities that will be net metered, an approved Part One Interconnection/Application Agreement Form approved by the EDC pursuant to N.J.A.C. 14:8-5.4, 5.5, and 5.6, which is available from the EDC and includes a Part 1 (Terms and Conditions) and a Part 2 (Certificate of Completion), shall be provided to the Committee, and the project shall meet the definition of net metering;

ii. For facilities that will be connected directly to the electric distribution system, the following shall be provided:

(1) An approved PJM Interconnection Service Agreement, which is part of the PJM Open Access Transmission Tariff, available at http://www.pjm.com/documents/%7e/media/documents/agreements/tariff.ashx, completed and signed by the EDC; or

(2) An approved Part One Interconnection/Application Agreement Form approved by the EDC pursuant to N.J.A.C. 14:8-5.4, 5.5, and 5.6, completed and signed by the EDC;

iii. A copy of a fully executed purchase or lease agreement for the solar energy facilities that clearly identifies that the owner of the farm owns or will purchase and own the solar energy facilities, structures, and equipment at the end of the term of the agreement and the end date of the agreement shall be provided to the Committee.

iv. For solar energy facilities that will connect directly to the electric distribution system, the Committee shall determine from a review of the site plan that the occupied area of the proposed facilities does not exceed one percent of the farm.

(1) If wind or biomass energy generation facilities are located on the farm, the limit in this subparagraph shall apply to the total cumulative area occupied by all of the solar, wind and biomass energy facilities on the farm.

Factors for determining that the land occupied by the solar energy facilities is eligible for valuation, assessment, and taxation pursuant to P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.) and continues to be eligible for such valuation pursuant to N.J.S.A. 54:4-23 are as follows:

i. A copy of the farmland assessment form approved by the local tax assessor shall be provided for the most recent tax year.

ii. The SADC shall confirm, in consultation with the New Jersey Department of the Treasury, Division of Taxation, that the solar energy facilities as proposed will not disqualify any portion of the farm from farmland assessment eligibility.

The impervious cover associated with the solar energy facilities shall not exceed one acre on the premises.

i. If wind or biomass energy generation facilities are located on the premises, the one-acre limit in (a)8 above shall apply to the cumulative total of impervious cover resulting from all of the solar, wind, and biomass energy facilities on the premises.

Factors for determining that a solar energy facility located in the Pinelands Area, as defined and regulated by the Pinelands Protection Act, P.L. 1979, c. 111 (N.J.S.A. 13:18A-1 et seq.), complies with the standards of P.L. 1979, c. 111 and the comprehensive management plan for the Pinelands Area adopted pursuant to P.L. 1979, c. 111, are as follows:

i. A copy of written correspondence from the Pinelands Commission shall be provided confirming that the solar energy facilities comply with the standards of P.L. 1979, c. 111 and the comprehensive management plan for the Pinelands Area adopted pursuant to P.L. 1979, c. 111.

The construction of solar energy facilities on farms preserved with any funding provided by the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) through the Farm and Ranch Lands Protection Program (FRPP), or any successor NRCS grant program protecting land for agricultural uses, shall require the advanced, written approval of the NRCS.
Compliance with the criteria in this section shall be in addition to any other applicable State or Federal laws or regulations, including, but not limited to:

i.N.J.S.A. 13:19-1 et seq., Coastal Area Facility Review Act;

ii. N.J.A.C. 7:38, Highlands Water Protection and Planning Act Rules; and

iii. N.J.A.C. 7:8, Stormwater Management.

N.J. Admin. Code § 2:76-24.7 Committee review of an application

(a) The Committee shall determine whether an application is complete pursuant to N.J.A.C. 2:76-24.5.

Once the Committee determines an application is complete:

i. If the development easement is owned by a board or qualifying tax-exempt nonprofit organization, the Committee shall forward the application to the board or qualifying tax exempt nonprofit organization; or

ii. If the farm was preserved with any USDA-NRCS Farm and Ranch Land Protection Program funding, the Committee shall forward the application to the USDA-NRCS;

If the Committee determines the application is incomplete, the Committee shall notify the applicant in writing and identify all information required for completion.

N.J. Admin. Code § 2:76-24.8 Board or nonprofit review of an application

The board or qualifying tax exempt nonprofit organization shall provide any comments on the application to the SADC within 30 days from the date of the Committee's notice.

N.J. Admin. Code § 2:76-24.9 Final Committee review

(a) Within 90 days from determination of a complete application, the SADC shall approve, approve with conditions, or disapprove the application.

The Committee's decision shall consider the factors in N.J.A.C. 2:76-24.6 and any substantive, objective issues raised in comments by the board or nonprofit organization that otherwise have not been considered.
The Committee's approval or denial of an application is subject to the Governor's review period following submission of the Committee's meeting minutes.
For a farm in the Pinelands Area, receipt of written confirmation from the Pinelands Commission that the solar energy facilities comply with the standards of P.L. 1979, c. 111 and the comprehensive management plan for the Pinelands Area adopted pursuant to P.L. 1979, c. 111 shall be required.

(b) The Committee may delegate review and approval authority to the Executive Director pursuant to N.J.S.A. 4:1C-5.e and 5.f for applications for solar energy facilities where the board or nonprofit organization has not submitted comments concerning negative impacts from the application, the solar energy facilities will not result in any new impervious cover, and the application is in conformance with all provisions of N.J.S.A. 4:1C-32.4 and this subchapter. This shall not preclude the Executive Director from bringing any application before the Committee for review and approval, if deemed appropriate. The Committee, at the request of the applicant, shall review an application that has been denied by the Executive Director and approve, approve with conditions, or disapprove the application.

N.J. Admin. Code § 2:76-24.10 Suspension or revocation of an approval

The Committee may suspend or revoke an approval for solar energy facilities for a violation of N.J.S.A. 4:1C-32.4, this subchapter, or any term or condition of the approval.

N.J. Admin. Code § 2:76-24.11 Request for hearing

(a) Any farm owner who is aggrieved by an action of the Committee regarding an application or suspension or revocation of an approval may submit a written request to the Committee for a hearing.

A request for a hearing shall be sent to the Committee within 20 days of receipt of notice of the Committee's action.
Requests shall be sent to the Executive Director, State Agriculture Development Committee, New Jersey Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625-0330.
Farm owners shall be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
The decision of the Committee shall be considered a final administrative agency decision, subject to the right of appeal to the Appellate Division of the Superior Court.

Subchapter 25 SOIL DISTURBANCE ON PRESERVED FARMLAND

N.J. Admin. Code § 2:76-25.1 Applicability

This subchapter applies to premises subject to farmland preservation deed restrictions recorded pursuant to the Agriculture Retention and Development Act, P.L. 1983, c. 32 (N.J.S.A. 4:1C-11 et seq.), and enrolled in the State's farmland preservation program.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.2 Purpose

The purpose of this subchapter is to define what activities on the premises constitute soil disturbance and to establish a soil disturbance limitation. Exceeding the soil disturbance limitation established in this subchapter shall constitute a violation of the deed of easement, which prohibits activities detrimental to soil conservation and detrimental to the continued agricultural use of the premises in accordance with N.J.A.C. 2:76-6.15(a)7.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.3 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Actively cropped" means land on portions of the premises that is available for agricultural use and production where the following apply: crops or forages are grown directly in the soil profile for a minimum of 150 consecutive days in one calendar year or for two periods of not less than 90 consecutive days each in one calendar year, and annual crops and hay are harvested, or perennial crops other than hay are maintained annually, or forages are consumed by direct grazing, or cover crops are grown as part of a production rotation, which are included in a farm conservation plan.

"Agricultural productivity" means the capacity of a soil to produce a specified plant or sequence of plants under a physically defined set of management practices as measured in terms of inputs of production factors in relation to outputs or yields.

"Allocated soil disturbance" means disturbance authorized pursuant to N.J.A.C. 2:76-25.5(b).

"Baseline soil disturbance map" means a map generated by the Committee pursuant to N.J.A.C. 2:76-25.10 using the image of record and which reflects the extent and location of soil disturbance on a premises.

"Bulk density" means the dry weight of soil divided by its volume.

"Committee" means the State Agriculture Development Committee.

"Contiguous premises" means adjacent premises, even if they are separated by human-made barriers or structures or legal boundaries. Contiguous premises shall include, but are not limited to, land areas that directly abut or are separated by a general access roadway or other rights-of way, including waterways.

"Cover crop" means an annual or perennial crop consisting of a specific plant or mix of plants that are planted and grown primarily to improve soil quality by reducing soil compaction, increasing soil organic matter content, trapping or producing nitrogen, or reducing soil erosion.

"Cranberry bog," also known as a cranberry bed, means a naturally acidic bog that has been drained, cleared, leveled, and covered with sand and includes appurtenant canals and earthen dikes for purposes of cultivating cranberry varieties developed from the native species Vaccinium macrocarpon .

"Deep tillage" means performing tillage operations below the normal tillage depth in a manner consistent with an approved farm conservation plan to modify adverse physical or chemical properties of a soil that inhibit plant growth, such as, but not limited to, compacted layers formed by field operations, restrictive layers, such as cemented hardpans in the root zone, overwash or deposits from wind and water erosion or flooding, or contaminants in the root zone. "Deep tillage" does not include elevation or topography change.

"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose as determined by and acquired pursuant to the provisions at N.J.S.A. 4:1C-11 et seq., P.L. 1983, c. 32, and any relevant rules promulgated pursuant thereto. A development easement is conveyed by a deed of easement.

"Divided premises" means two or more portions of the original premises resulting from a division approved by the Committee.

"Farm conservation plan" has the same meaning as that term is defined at N.J.A.C. 2:76-2A.7.

"Field moisture capacity" means the amount of water retained in a soil after it has been saturated and has drained freely, expressed as a percentage of the oven dry weight of the soil.

"Field Office Technical Guide" or "FOTG" means United States Department of Agriculture Field Office Technical Guide, incorporated herein by reference, as amended and supplemented, and available at https://efotg.sc.egov.usda.gov/#/state/NJ/documents.

"Geotextile fabric" means a permeable, woven or non-woven, plastic fabric typically used for separation of soil layers, erosion control, and weed management, but does not include biodegradable or paper fabrics.

"Geotextile field" means an area that has been covered with geotextile fabric for purposes of agricultural or horticultural production in which the fabric is placed over native soil that has not undergone soil alteration, soil surfacing, or soil compaction, but may be top-dressed with organic mulch.

"Grantee" means the entity to which the development easement was conveyed.

"Grantor" means the owner who conveyed the development easement, their heirs, executors, administrators, personal or legal representatives, successors, and assigns.

"Ground-level surface" means a surface placed in contact with the soil and includes, but is not limited to, flooring, paving, asphalt, asphalt millings, reinforced concrete, recycled concrete, porous asphalt, porous concrete, stone, rock, gravel, pavers, bricks, block, rubber, sand, cinders, construction mats, pond liners, and non-topsoil stockpiles.

"Hoophouse" means an individual temporary agricultural structure that is used exclusively for the production and storage of live plants by protecting them from the sun, wind, excessive rainfall, or cold, or to extend the growing season. A hoophouse is constructed of a metal, wood, or durable plastic frame covered with polyethylene, polycarbonate, plastic, or fabric material. The frame and exterior covering may or may not be removed during the growing season. "Hoophouse" includes structures commonly known as "high tunnel," "low tunnel," "temporary greenhouse," or "polyhouse."

"Human-altered and human-transported soils" also known as anthropogenic soils, means soils that have profound and purposeful alteration or occur on landforms with purposeful construction or excavation and the alteration is of sufficient magnitude to result in the introduction of a new parent material (human-transported material) or a profound change in the previously existing parent material (human-altered material). Human-altered and human-transported soils do not include soils with incidental or unintentional surficial changes due to exempt agricultural practices.

"Image of record" means the aerial imagery upon which the baseline soil disturbance map and preserved farmland land use features are generated. For premises preserved prior to October 1, 2024, the image of record is the Nearmap Spring 2023 Vertical Imagery. For premises preserved after October 1, 2024, the image of record is the most current aerial imagery available, as determined by the Committee.

"Innovative agricultural practice" means an agricultural practice proposed by the grantor that is not otherwise considered exempt pursuant to N.J.A.C. 2:76-25.4 and which, if approved by the Committee in advance, shall not count towards the soil disturbance limit set forth at N.J.A.C. 2:76-25.5.

"Livestock confinement area" includes feedlots, cow yards, dry lots, and exercise yards used exclusively for livestock.

"Livestock training area" means an uncovered, outdoor area of the premises used for riding, racing, training, showing, or rehabilitating livestock. Examples include, but are not limited to, arenas, tracks, and training rings.

"Maximum dry bulk density" has the same meaning as that term is defined at N.J.A.C. 2:76-25A.3.

"Minimum rooting depth" means at least 40 inches or a lesser depth equal to the depth to a subsurface layer in the natural soil profile that inhibits or prevents root penetration.

"Minimum vegetative cover" means vegetative cover of at least 70 percent for at least nine months per calendar year measured pursuant to the procedures set forth at N.J.A.C. 2.76-25A.6.

"NRCS" means the Natural Resources Conservation Service, an agency of the United States Department of Agriculture providing technical assistance for the conservation of agricultural and related natural resources.

"Nominal smoothing" means the movement of topsoil to reduce irregularities from the soil surface that does not alter the elevation of the existing ground surface more than three inches from the original pre-existing natural landform.

"Nominal tent" means a tent that covers up to 2,000 square feet of the premises for any length of time. Nominal tents may be comprised of multiple tents or the first 2,000 square feet of a larger tent.

"Normal tillage" means generally accepted agricultural practices for seedbed preparation and cultivation of soil, including moldboard plowing, disking, chisel plowing, hill and furrow plowing, bed shaping, and the use of similar site preparation practices as determined by the Committee, where the practice does not meet the definition of human-altered and human-transported soils. Normal tillage is limited to the depth of the topsoil layer.

"On-farm utilities" means buried electric, sewer, water, gas, or communication lines, or similar utilities that serve residential units, agricultural labor housing, farm buildings, or other permitted uses on the premises, and installed in compliance with the on-farm utilities construction standards established at N.J.A.C. 2:76-25A.4. On-farm utilities do not include utilities installed for the purpose of supplying resources for, or being interconnected with, off-farm utility demand or generation.

"Organic" means a material derived from living matter such as leaves, crop residues, or compost.

"Organic mulch" means a material consisting exclusively of organic material used for weed control, moisture retention, landscaping, travel paths, livestock bedding, soil-compaction alleviation, or as a soil amendment, that is composed of tree bark, wood chips, straw, pine straw, grass clippings, leaves, compost, manure, coconut fibers, or similar materials, and applied at a depth capable of being incorporated into the soil profile without diminishing soil productivity. Organic mulch does not include rubber mulch or materials with synthetic fibers, oils, or other inorganic substances added.

"Original premises" means the property described by metes and bounds in the farmland preservation program deed of easement recorded at the time of preservation.

"Parking area" means an area used for vehicular parking that does not meet the definition of a travel lane or storage area. A parking area encompasses parking spaces and the aisles used to connect to travel lanes. Parking areas are delineated by roads, travel lanes, fences, or otherwise delineated by land use and vegetative cover.

"Parking structure" means any fence, barrier, bollard, parking aid, traffic control device, lighting fixture, or similar structure that is installed to manage vehicular traffic and limits or prohibits normal harvesting or tillage activities. Temporary traffic control devices, such as wooden stakes, fiberglass reflective rods, rope, and traffic cones that are installed only during a farm event and removed at the event's completion are not considered parking structures. Agricultural fencing whose primary purpose is to contain livestock or exclude wildlife and generally follows the field perimeter is not considered a parking structure.

"Permeable" means a material or surface treatment that allows the passage of water into the soil at a rate equal to, or greater than, the surrounding surface soils, or that allows the passage of water into the soil at a rate equal to or greater than the saturated hydraulic conductivity for the soil type identified in the soil survey.

"Planning criteria" means the United States Department of Agriculture National Resource Concern List and Planning Criteria, incorporated herein by reference, as amended and supplemented, at https://directives.sc.egov.usda.gov/OpenNonWebContent.aspx? content=45689.wba.

"Preexisting agricultural water impoundment" means an excavated, unlined farm pond or dammed impoundment fed by surface water or groundwater for irrigating agricultural crops or watering livestock that is reflected in the Nearmap Spring 2023 Vertical Imagery. Agricultural water impoundments shall not include other types of water-related structures including, but not limited to, decorative or recreational ponds, wildlife ponds, stormwater management facilities, aquaculture ponds, pools, manure lagoons, tailwater recovery ponds, ponds constructed primarily for hydropower uses, or naturally occurring ponds and wetlands, but not including existing open ditches. Associated berms or dams are considered soil alteration or soil surfacing.

"Preexisting open ditch" means a vegetated, unlined canal, ditch, open drain, conveyance swale, or similar structure used to convey water that is reflected in the Nearmap Spring 2023 Vertical Imagery. A preexisting open ditch may be associated with an existing agricultural water impoundment or utilized to convey runoff from crop fields or underground drainage systems.

"Preexisting soil disturbance" means soil disturbance that exists on the premises as reflected on the Nearmap Spring 2023 Vertical Imagery.

"Premises" means the property described by metes and bounds in the farmland preservation program deed of easement, including an original premises or a divided premises.

"Saturated hydraulic conductivity" means a quantitative measure of a saturated soil's ability to transmit water when subjected to a hydraulic gradient.

"Soil alteration" means human-altered and human-transported soils and includes soil movement, grading, leveling, importation, exportation, cut, and fill, but does not include normal tillage or deep tillage.

"Soil compaction" means any activity other than normal tillage that results in an increase in soil dry bulk density above the root limiting levels, or in the consolidation of or a reduction in a soil's capacity to infiltrate and percolate water. The causes of soil compaction include, but are not limited to: static force, tamping, vibration, kneading, and rolling techniques. Examples of preparing or using land that result in soil compaction include, but are not limited to: footings, foundations, earth-retaining structures, parking areas, storage areas, travel lanes, or the placement of engineered structures.

"Soil disturbance" means soil alteration, soil surfacing, or soil compaction.

"Soil horizon" means a layer within a soil profile differing from layers of soil above and below it in one or more of the soil morphological characteristics including color, texture, coarse fragment content, structure, consistency, and presence of redoximorphic features.

"Soil profile" means a vertical cross-section of soil showing the characteristic horizontal layers or soil horizons, which have formed as a result of the combined effects of parent material, topography, climate, biological activity, and time.

"Soil surfacing" means a human-made or human-placed covering over the soil including both suspended surfaces and ground-level surfaces unless identified by the Committee as an exempt agricultural practice.

"Solar energy facilities" has the same meaning as that term is defined at N.J.A.C. 2:76-24.3.

"Solar panels" means photovoltaic panels that are mounted to the ground by a screw, piling, or similar system that does not require a footing, concrete, or other permanent mounting and that are part of a solar energy facility meeting the criteria at N.J.A.C. 2:76-25A.4.

"Stockpile" means a pile of any material located on the premises for more than 120 cumulative days in a 12-month period. Stockpiles include, but are not limited to, subsoil, sand, manure, leaves, wood chips, compost, building materials, gravel, road surfacing materials, timber, and metal.

"Storage area" means an area of land not in crop production used for the storage of equipment or other farm-related items, but not otherwise meeting the definition of a parking area or travel lane.

"Subsoil" means the layer of soil immediately beneath the topsoil where there is visibly less organic matter and root development than the topsoil layer, typically noticed by a change in soil color.

"Substitute soil material" means soil that has been created from a blend of basic components to have equivalent physical, chemical, and biological properties as the native soil.

"Suspended surface" means a surface placed above the soil and includes, but is not limited to, trailers, greenhouses, run-in sheds, pavilions, open-floored arenas, decks, and roofs of buildings.

"Technical service provider" means a private individual or entity certified by the NRCS as capable of providing technical service activities according to NRCS standards and specifications for specific conservation activities.

"Temporary geomembrane" means an impermeable plastic film used for a variety of agricultural uses including, but not limited to, plastic mulch and silage wraps, which are typically removed annually.

"Temporary ground protection mats" means construction mats consisting of wood (not including plywood), plastic, or metal that are specifically designed to distribute heavy loads to reduce soil compaction and that are in place for less than 120 cumulative days per calendar year.

"Temporary movable structure" means a structure that is removed from the premises without demolition, and which does not have a permanent foundation, floor, or anchoring system and is in place for no more than 120 cumulative days in a 12-month period. Temporary movable structures include, but are not limited to, office trailers, portable trailer-mounted-bathrooms, portable toilets, horse trailers, food carts, campers, and similar structures.

"Temporary parking area" means an actively cropped area used seasonally or periodically for public parking of vehicles related to the operation of the farm and which maintains minimum vegetative cover. Temporary parking areas do not contain parking structures.

"Temporary storage area" means an area utilized for the storage of infrequently used farm equipment or privately owned equipment associated with permissible farm activities and which maintains minimum vegetative cover.

"Temporary tent" means a tent in place on the premises for less than 120 cumulative days in a calendar year.

"Tent" means a temporary structure with an impermeable covering to provide shelter. It is also known as a tensioned membrane structure or canopy. A tent does not have a permanent foundation, footing, floor, or anchoring systems. A hoophouse is not a tent.

"Topsoil" means the uppermost layer in a natural or cultivated soil profile where cultivation, root growth, biological activity, and organic matter are concentrated. Topsoil is composed of mineral particles (sand, silt, and clay) and organic material, and allows for air exchange and water retention. Topsoil is also known as the "plow layer," "surface soil," "Ap layer," "Ap horizon," or the "surface layer." Topsoil depth is site-specific, but typically varies between six and 12 inches.

"Topsoil stockpile" means a stockpile of topsoil constructed in accordance with N.J.A.C. 2:76-25A.5.

"Travel lane" means a generally linear feature on a farm primarily used for the conveyance of vehicles, pedestrians, livestock, and/or equipment.

"Underground drainage system," also known as "drain tile," means a subsurface drainage system made of conduit, such as corrugated plastic tubing, tile, or pipe, installed beneath the ground surface to collect and/or convey drainage water to improve farming conditions.

"Unimproved travel lane," also known as a "farm lane," means a travel lane that is not more than 10 feet wide for one-way traffic or 16 feet wide for two-way traffic, measured from the outside of the tire tracks, plus an additional two-foot allowance per side for a shoulder, that has not been surfaced, and is not constructed closer than 300 feet to another unimproved travel lane or travel lane.

"USDA" means the United States Department of Agriculture.

"Vegetative cover" means living plant cover or intact residues but does not include weeds.

"Unimproved livestock area" means a livestock training area or livestock confinement area that has not been surfaced or subjected to soil alteration.

"Weed" means a plant that is not grown deliberately or is otherwise prohibited, invasive, or noxious. Examples of weeds include, but are not limited to, plantain, thistle, burdock, garlic mustard, and ground ivy.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.4 Exemptions

(a) The following agricultural practices shall not constitute soil disturbance for purposes of determining compliance with the soil disturbance limitation set forth at N.J.A.C. 2:76-25.5, and shall be considered exempt agricultural practices:

Cranberry bogs/beds;
Deep tillage;
Preexisting open ditches, as reflected on the Nearmap Spring 2023 Vertical Imagery;
Preexisting agricultural water impoundments, as reflected on the Nearmap Spring 2023 Vertical Imagery;
Geotextile fields;
Hoophouses, including those placed on geotextile fields, without soil alteration, soil surfacing, or soil compaction;
Normal tillage;
Nominal smoothing;
Nominal tents;
On-farm utilities;
Organic mulch;
Rehabilitated soils;
Solar panels;
Storage of naturally derived materials produced on the premises, or required for use on the premises within a 12-month period, and which is not otherwise associated with soil alteration, soil surfacing, or soil compaction. "Naturally derived materials" include, but are not limited to, hay bales, lime, silage, compost, wood chips, and manure;
Temporary geomembranes;
Temporary ground protection mats;
Temporary movable structures;
Temporary parking areas;
Temporary storage areas;
Temporary tents;
Topsoil stockpiles;
Underground drainage systems;
Unimproved livestock areas; and
Unimproved travel lanes.

(b) Conservation practices meeting the criteria in this subsection shall not constitute soil disturbance for the purpose of determining compliance with the soil disturbance limitation set forth at N.J.A.C. 2:76-25.5, when the conservation practice:

Is required to address runoff or erosion resulting from normal tillage;
Is planned and installed in accordance with the planning criteria and conservation practice standards developed by the NRCS;
Has a positive conservation effect under section 5 of the FOTG for one or more of the following resource concerns:

i. Sheet and rill erosion;

ii. Wind erosion;

iii. Ephemeral gully erosion;

iv. Classic gully erosion;

v. Bank erosion from streams, shorelines, or water conveyance channels; or

vi. Compaction;

Is designed to minimize excavation, cuts, and fills;
Ensures that all topsoil shall be stripped and reapplied in accordance with the topsoil stockpiling standard at N.J.A.C. 2:76-25A.5;
Does not utilize suspended surfaces or ground-level surfaces and maintains minimum vegetative cover;
Is included in a farm conservation plan approved by the local soil conservation district and NRCS prior to installation;
Is installed under the supervision of a licensed professional engineer, the Committee, a technical service provider, or NRCS; and

Is subject to the submission of an as-built design certifying the conservation practice, as implemented, which meets or exceeds NRCS standards, and which is provided to the Committee and the grantee.

(c) A conservation practice may also be considered exempt, if the Committee finds that the water and erosion control measure meets the criteria at (b)2, 3, 4, 5, 7, 8, and 9 above, and is necessitated by factors beyond the control of the grantor including, but not limited to, natural weather conditions or drainage coming from off the premises, such as stormwater from public roads and/or adjacent properties.

(d) Conservation practices, including stormwater management facilities, required to address runoff or erosion resulting from soil disturbance activities or from exempt agricultural practices set forth at this section, excluding normal tillage, shall not be considered exempt from the soil disturbance limitations at N.J.A.C. 2.76-25.5.

(e) The Committee, on its own, or at the request of a grantor or grantee, may designate additional exempt agricultural practices by rule.

In considering the adoption of additional exempt agricultural practices, the Committee may consult with the following agencies, organizations, or persons:

i. The New Jersey Department of Agriculture;

ii. The New Jersey Agricultural Experiment Station, including appropriate county agents;

iii. County agriculture development boards;

iv. The State Soil Conservation Committee;

v. Any other states' departments of agriculture, land grant institutions, or agricultural experiment stations;

vi. The United States Department of Agriculture, or any other Federal governmental entity; or

vii. Any other organization or person that may provide expertise concerning the particular practice.

(f) Exempt agricultural practices shall not violate any other provision of the deed of easement.

(g) Soil disturbance created solely as a result of other property interests in the premises superior in title to the farmland preservation easement, such as utility easements and road rights-of-way, shall not constitute soil disturbance for the purposes of determining compliance with the soil disturbance limitations set forth at N.J.A.C. 2:76-25.5.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.5 Soil disturbance limitations

(a) Only activities authorized pursuant to the deed of easement may count as permissible disturbance for purposes of this section. Other disturbance associated with activities that are determined by the Committee to constitute impermissible activities pursuant to the deed of easement including, but not limited to, the dumping of waste material or alteration of a farm in connection with recreational uses, do not count toward the soil disturbance allowances set forth at (b) below.

(b) The allocated soil disturbance for each premises is equal to 12 percent of the area of the premises, or four acres, whichever is greater. For purposes of this section, "premises" shall include any portions of an original premises proposed to be divided as set forth in a complete division application received by the Committee on or before October 1, 2024, and which application is subsequently approved by the Committee.

(c) For premises preserved prior to October 1, 2024, the total limit on soil disturbance equals the sum of preexisting soil disturbance in addition to the allocated soil disturbance as set forth at (b) above.

(d) For farms preserved after October 1, 2024, the total limit on soil disturbance equals the allocated soil disturbance set forth at (b) above.

(e) The Committee shall utilize the baseline soil disturbance map issued to the grantor pursuant to N.J.A.C. 2:76-25.10 or, if applicable, the amended baseline soil disturbance map established pursuant to N.J.A.C. 2:76-25.10(e), as the basis upon which the soil disturbance limit shall be calculated.

(f) In calculating the permissible soil disturbance limit, acreage shall be rounded to three decimal places (0.000).

(g) Once an area of the premises has been disturbed, it will continue to be considered soil disturbance unless and until the Committee determines that the area has been successfully rehabilitated in accordance with N.J.A.C. 2:76-25.9 and 25A.7.

(h) Activities occurring within the footprint of areas already considered disturbed will not be counted as additional soil disturbance.

(i) Soil disturbance located outside the boundaries of the premises, including, but not limited to, severable and non-severable exception areas, residential exclusion areas, and any other area(s) of a farm not subject to the terms and conditions of the deed of easement, shall not count towards the limitation set forth at (c) or (d) above, as applicable.

(j) Removal of topsoil from the premises is expressly prohibited, except as directly related and incidental to the harvesting of agricultural and horticultural products, such as in soil that is typically removed with roots when sod or dug nursery stock are harvested.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.6 Innovative agricultural practice approval

(a) Upon the approval of both the Committee and grantee, a grantor may receive approval to implement an innovative agricultural practice that shall not count as soil disturbance and is not considered exempt pursuant to N.J.A.C. 2:76-25.4, provided the grantor meets all the eligibility criteria and conditions at (b), (c), and (d) below.

(b) A grantor shall be eligible to apply for approval of an innovative agricultural practice pursuant to this section if the grantee and Committee determine that the premises complies with the farmland preservation deed of easement.

(c) For a grantor to be eligible for approval of an innovative agricultural practice pursuant to (a) above, the proposed innovative agricultural practice shall meet the following conditions, as determined by the grantee and the Committee:

It is not feasible to utilize areas of existing soil disturbance that would provide sufficient land area for the proposed innovative agricultural practice; and
The proposed project:

i. Has an exclusively agricultural or horticultural production purpose;

ii. Has a positive impact on agricultural productivity on the premises;

iii. Is compliant with relevant Federal and State laws and rules; and

iv. Does not cause a measurable, negative impact on or off the premises to any of the following:

(1) Drainage;

(2) Flood control, including stormwater runoff quantity;

(3) Water conservation, including groundwater recharge;

(4) Erosion control, including runoff quality; and

(5) The continued agricultural use of the premises for a variety of agricultural operations; or

v. Does not cause soil contamination.

(d) A grantor shall be eligible for approval of an innovative agricultural practice if the grantee and Committee, in addition to (b) and (c) above, determine all the following conditions are met:

The innovative agricultural practice:

i. Maintains minimum vegetative cover;

ii. Does not cause the maximum dry bulk density of the soil to increase beyond the limit identified pursuant to N.J.A.C. 2:76-25A.9(c)6ii; and

iii. Does not cause any soil resource concerns, including soil alteration; and

Any soil surfacing proposed can be deployed and readily removed without causing negative impacts to all soil resources, including topsoil.

(e) An application for an innovative agricultural practice approval shall be filed with the Committee, and the Committee shall provide the grantee, if applicable, a copy of the application.

The Committee shall, within 30 days of receipt of the application, provide written notice to grantor and grantee, if applicable, whether the application is complete or incomplete. If incomplete, the notice shall specify the missing information.
If the application is incomplete, the grantor shall have 120 days from receipt of the notice of incompleteness to provide the Committee with any missing information.
The grantee shall take no action on the request for an innovative agricultural practice approval until the grantee receives copies of the complete application and all supporting materials from the Committee.

(f) The application shall include, but not be limited to, the following information, as applicable:

A detailed narrative that includes all the following:

i. The agricultural purpose of the proposed innovative practice;

ii. A description of the physical attributes of the proposed innovative agricultural practice, including location, type, and characteristics of the proposed practice and the materials to be utilized or placed on the land;

iii. A statement of the economic impact of the proposed practice to the farm operation;

iv. A description of any potential physical impacts of the proposed practice upon the premises and any contiguous properties; and

v. A description of the existing land use(s) on the premises adjacent to the proposed practice and any potential impacts of the proposed practice on those land uses;

A site map, or copy of the most recent soil disturbance map established pursuant to N.J.A.C. 2:76-25.10 for the premises, clearly depicting the location, extent, and type of both preexisting and allocated soil disturbance and the proposed new innovative agricultural practice; and
Any additional information that the grantee or Committee determines is reasonable and necessary to evaluate whether the innovative agricultural practice request meets the requirements of this section.

(g) Application review and approval shall be as follows:

In determining whether to grant approval of a proposed innovative agricultural practice satisfying the requirements of this section, consideration shall be given to the extent to which the grantor's actions or inaction caused or contributed to the need to submit a request for approval;
If a county or a qualified tax-exempt nonprofit organization is the grantee of the development easement, any approval of an innovative agricultural practice pursuant to this section must be jointly authorized by the grantee and the Committee;
In considering the proposed innovative agricultural practice, the Committee may consult with the following agencies, organizations, or persons, as applicable:

i. The New Jersey Department of Agriculture;

ii. The New Jersey Agricultural Experiment Station, including appropriate county agents;

iii. County agriculture development boards;

iv. The State Soil Conservation Committee;

v. Any other states' departments of agriculture, land grant institutions, or agricultural experiment stations;

vi. The United States Department of Agriculture, or any other Federal governmental entity; or

vii. Any other organization or person that may provide expertise concerning the particular practice;

The grantee and Committee shall prepare resolutions approving, conditionally approving, or denying the innovative agricultural practice. The resolution shall include, but not be limited to:

i. A description of the proposed innovative agricultural practice;

ii. A map locating all existing soil disturbance, areas subject to the innovative practice request, and exempt activities on the premises;

iii. Area calculations of all existing soil disturbance, areas subject to the innovative practice request, and exempt activities proposed on the premises;

iv. Any conditions specific to the innovative practice request; and

v. The reasons for approval, conditional approval, or denial; and

The Committee resolution shall be recorded with the Office of the County Clerk, and a copy of the recorded document shall be provided to the grantor, and if applicable, to the grantee.

(h) No disturbance associated with an approved innovative agricultural practice may occur until the grantor obtains and complies with all required permits and approvals.

The Committee reserves the right to inspect all farms that have received Committee approval of an innovative agricultural practice request pursuant to this section, as needed, to determine ongoing compliance with such approval.

(i) An innovative agricultural practice approval granted pursuant to this section may be revoked at any time by the Committee if the grantor fails to maintain compliance with all conditions of approval, the deed of easement, or this subchapter. If the approval is revoked, the area occupied by the innovative agricultural practice shall be rehabilitated in accordance with N.J.A.C. 2:76-25.9 and 25A.7.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.7 Aggregation and consolidation

(a) Allocated soil disturbance authorized pursuant to N.J.A.C. 2:76-25.5 (b) may, upon joint approval, if applicable, of the grantee and the Committee, be aggregated on contiguous premises owned by the same grantor or that will be owned by the same grantor upon effectuation of the aggregation.

The decision set forth at (a) above shall be memorialized by resolution of the grantee, if applicable, and the Committee setting forth detailed findings of fact and conclusions of law.
The grantee shall provide the grantor and Committee with a copy of its decision to approve, approve with conditions, or deny the application.

i. The grantee shall provide the Committee with a copy of the grantee's decision within 10 days of the issuance of the decision.

The Committee shall approve, approve with conditions, or deny the request for aggregation within 60 days of receipt of the grantee's approval.

i. Such time period may be extended by the Committee for good cause or with the consent of the grantor.

ii. The Committee shall provide the grantor and grantee with a copy of its decision to approve, approve with conditions, or deny the application.

Decisions by the Committee and by the grantee, as applicable, shall be memorialized by resolution, and decisions by the Committee shall be considered final administrative agency action subject to the right of appeal to the Appellate Division of the Superior Court.

(b) No consolidation of contiguous premises shall be permitted unless those premises are restricted, such that each premises is permanently associated with, and shall not be conveyed separate and apart from, each other, except as provided at (d) below. The further division of consolidated premises is prohibited.

(c) In the event the Committee approves an aggregation of soil disturbance and consolidation of premises in compliance with this section, the Committee shall prepare a document reflecting the reallocation of the allocated disturbance and prohibiting further division of the consolidated premises in the future. The document shall be recorded with the county clerk, and a copy of the recorded document shall be provided to the grantor and, if applicable, to the grantee.

(d) The Committee may, upon a showing of reasonable cause, approve the rescission of a consolidation of premises previously approved pursuant to this section.

The approval shall require that the allocated soil disturbance for each unconsolidated premises not exceed that set forth at N.J.A.C. 2:76-25.5(b).

(e) The Committee may require such other reasonable terms and conditions in granting approval.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.8 Division of the premises

(a) The acreage of allocated soil disturbance pursuant to N.J.A.C. 2:76-25.5(b) shall be reallocated to each of the divided premises resulting from a division of premises pursuant to N.J.A.C. 2:76-6.15(a)15. Such reallocation shall ensure that each divided premises has a sufficient allocated disturbance to be considered agriculturally viable, as determined by the Committee. In no case shall the disturbance reallocated to each premises be less than two acres.

(b) In the event the Committee approves a division of the premises, the Committee shall prepare a document reflecting the division and the distribution of the reallocated soil disturbance acreage to the respective divided premises. The document shall be recorded with the county clerk, and a copy of the recorded document shall be provided to the grantor and, if applicable, to the grantee.

(c) In no event shall an increase in the acreage of the total soil disturbance limitation prescribed at N.J.A.C. 2:76-25.5(b) result from a division of the premises.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.9 Soil rehabilitation application and certification procedures

(a) A grantor may complete a certified soil rehabilitation project pursuant to this section and N.J.A.C. 2:76- 25A.7 for purposes of rehabilitating disturbed soils, so that they no longer count towards the soil disturbance limit established pursuant to N.J.A.C. 2:76-25.5.

(b) The Committee shall have the discretion to reduce, and/or determine, the non-applicability of rehabilitation plan components set forth at N.J.A.C. 2:76- 25A.7.

Reduction of the components at N.J.A.C. 2:76- 25A.7 shall be based on relevant, site-specific conditions of the premises including, but not limited to, soil type and the nature and duration of the disturbance.
The Committee may develop templates for rehabilitation of common soil disturbances that may be followed to meet the requirements at N.J.A.C. 2:76- 25A.7.

(c) Prior to commencing any proposed rehabilitation activities, the grantor shall submit a rehabilitation application and plan (application package) to the Committee consistent with this subchapter and with the soil rehabilitation standards set forth at N.J.A.C. 2:76- 25A.7.

(d) The Committee shall, within 60 days of receipt of the application package, notify the grantor whether the application package is administratively complete.

If the application package is determined administratively incomplete, the grantor shall be notified, in writing, with a summary of deficiencies.
If the application package is determined administratively complete, the Committee shall commence a technical review of the rehabilitation plan.
The Committee shall provide written notice to the grantee, if applicable, when the Committee has deemed an application for rehabilitation complete and provide an opportunity for the grantee to provide comments on the proposed rehabilitation plan.

(e) The rehabilitation plan technical review period shall be 90 days.

If the Committee determines portions of the rehabilitation plan are missing technical information necessary to complete a technical review:

i. The grantor shall be notified, in writing;

ii. The review period shall be paused pending submission of any requested information;

iii. The grantor shall have 30 days to supply the requested information;

iv. Acceptance of the submitted information shall restart the review period; and

v. Failure to submit the documentation within the timeframe shall be considered a withdrawal of the application package.

If the Committee determines that the rehabilitation plan does not meet the soil rehabilitation standards set forth at N.J.A.C. 2:76- 25A.7, the Committee shall provide a written denial letter to the grantor stating the reason(s) for the denial. The grantor may request a hearing before the Committee for any such denial in accordance with N.J.A.C. 2:76-25.12(a) within 30 days of receipt of the denial.
If the Committee determines the rehabilitation plan meets the soil rehabilitation standards set forth at N.J.A.C. 2:76- 25A.7, the Committee shall provide written notice advising the grantor and grantee that the grantor may commence the rehabilitation process. Notice shall be by certified mail, return receipt requested. The grantor shall commence the rehabilitation project within 12 months of receipt of the notice to commence.

(f) The Committee may extend the application review timeframes listed above with appropriate justification. Notice of all such extensions shall be, in writing, to the grantor. Failure by the Committee to act upon an application package within the review period(s) shall constitute approval of the rehabilitation plan.

(g) If the rehabilitation plan is approved, the grantor shall complete rehabilitation in accordance with the approved rehabilitation sequence.

The grantor shall notify the Committee of intent to commence the rehabilitation plan, and each step in the rehabilitation sequence, at least five business days prior to start of physical work.
The Committee shall inspect each step in the rehabilitation sequence within five business days of notice thereto. The grantor shall obtain interim certification of the previous step from the Committee prior to commencing the subsequent step.

i. If interim certification is not obtained, the grantor shall have not more than one year to meet the standards of that step or the rehabilitation plan shall be considered unsuccessful.

(1) Not more than one extension of not more than one year shall be approved per step.

(2) Not more than two extensions shall be approved per rehabilitation plan.

ii. If interim certification is obtained, the grantor shall retain the documentation for final certification and shall proceed with the rehabilitation sequence.

The Committee, in its discretion, may require an inspection of the premises before, during, or after rehabilitation to determine compliance with rehabilitation criteria.
The Committee may conduct an inspection of the site and may collect soil samples or other relevant site information to determine if rehabilitation was conducted according to the rehabilitation criteria.
The Committee reserves the right to issue a stop-work order upon evidence of work being undertaken that violates the approved rehabilitation plan.
Upon completion of all rehabilitation activities, the grantor shall submit a final certification report in accordance with N.J.A.C. 2:76- 25A.7(d).

i. The Committee shall complete an administrative review within 60 days of receipt of the final report.

ii. The Committee shall schedule a site visit and review all submitted materials for technical completeness.

iii. If the Committee determines rehabilitation was not completed according to the approved rehabilitation plan, the Committee shall notify the grantor, in writing, of deficiencies and recommend corrective measures to bring the rehabilitation area into compliance with the standards within the timelines described at N.J.A.C. 2:76- 25A.7.

iv. If the Committee determines that the rehabilitation work is still deficient after all stated timelines have passed, a resolution shall be issued denying the certification of rehabilitation, and the land area subject to the deficient rehabilitation work will continue to be counted towards the soil disturbance limitations set forth at N.J.A.C. 2:76-25.5.

v. If the Committee determines that rehabilitation has been completed according to the approved rehabilitation plan, the Committee shall issue a final certification that all soil rehabilitation standards at N.J.A.C. 2:76- 25A.7 have been satisfied. A resolution memorializing the certification shall be issued and the rehabilitated land area will no longer be counted towards the soil disturbance limitations set forth at N.J.A.C. 2:76-25.5.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.10 Soil protection mapping and monitoring requirements

(a) A baseline soil disturbance map of each premises shall be established by the Committee.

(b) For farms preserved prior to October 1, 2024, written notice of the baseline soil disturbance map shall be provided by the Committee to the grantor by certified mail, return receipt requested, to the grantor's last known address. The Committee shall provide a copy of the baseline soil disturbance map to the grantor and, if applicable, the grantee.

If the mailing is returned as unclaimed or undeliverable, then the Committee shall make good faith efforts to provide an alternate manner of notice, including through regular mail or electronic mail.
The written notice shall include the baseline soil disturbance map and a link to the Committee's website connecting to an online version of the map depicting the extent and classification of identified soil disturbance features on the premises.
The written notice shall include a statement that the grantor and/or grantee may request reconsideration of the calculated extent or assigned classification of baseline soil disturbance map features, in writing, to the Committee in accordance with N.J.A.C. 2:76-25.12(a).
The written notice shall include a statement specifying that anyone who wishes to dispute the baseline soil disturbance map issued by the Committee pursuant to this section, shall submit, in writing, a request for reconsideration of the calculated extent or assigned classification of soil disturbance features contained in the baseline soil disturbance map within 60 days of receipt of the written notice, and in accordance with N.J.A.C. 2:76-25.12(a).

(c) For farms preserved after October 1, 2024, the baseline soil disturbance map shall be provided to the grantor and to the grantee prior to the date of closing on the purchase of the development easement. The grantor and grantee shall acknowledge receipt of and concurrence with the baseline soil disturbance map.

(d) A grantor who wishes to dispute any aspect of the baseline soil disturbance map issued by the Committee pursuant to this section shall submit a written request for mapping reconsideration of the calculated extent or assigned classification of soil disturbance features contained in the baseline map within 60 days of receipt thereof and in accordance with N.J.A.C. 2:76-25.12(a). Failure to submit a request for mapping reconsideration by the date specified in this subsection will constitute grantor's consent to the soil disturbance baseline mapping for the premises.

(e) Grantors and grantees may submit to the Committee, a written request for mapping reconsideration of the calculated extent or assigned classification of allocated soil disturbance reflected on the then-current soil disturbance map features at any time.

(f) Upon receipt of a written request for reconsideration, Committee staff shall conduct a site visit, as necessary, in order to ascertain the accuracy of the current soil disturbance map for the premises.

Within 60 days of the site visit, the Committee staff shall solicit comments and information from the grantor and the grantee that may inform the evaluation of the soil disturbance mapping.
Within 120 days of receipt of the request for reconsideration, the Executive Director of the Committee shall issue a final, updated soil disturbance map for the premises to the grantor and the grantee.
Any grantor and/or grantee who disagree(s) with the revised soil disturbance calculation issued by the Executive Director of the Committee may request a hearing before the Committee and the Committee will issue a final decision.

(g) Review of soil disturbance mapping shall occur regularly as part of the monitoring of each premises required in accordance with applicable Committee rules, or upon request of the grantee.

The current version of soil disturbance mapping shall be available to the grantor and/or grantee at any time, upon written request.

Any increase in identified, or proposed, soil disturbance of two acres or more shall be identified in the annual monitoring report submitted to the Committee by the grantee.

For farms within 75 percent of the soil disturbance limit established pursuant to N.J.A.C. 2:76-25.5, all newly identified actual or proposed soil disturbances must be reported to the Committee by the grantee within 60 days of identification.

(h) For farms within 50 percent of the soil disturbance limit established at N.J.A.C. 2:76-25.5, the grantee shall include the following documentation as part of its annual monitoring report submission to the Committee:

Description of newly identified or amended disturbances characterized by type, location, and size (in square feet (sq./ft.)), as follows:

i. Soil disturbance types set forth at N.J.A.C. 2:76-25.3:

(1) Altered soil;

(2) Surfaced soil; and/or

(3) Compacted soil;

ii. Property location identified by tax block and lot number and general description (for example, Northeast corner of Block A, Lot X) and with georeferencing, using latitude and longitude, being preferred;

iii. Size measured coarsely using basic field tools, including, but not limited to, tape measures, pacing, or hand-held Global Positioning System (GPS) units, with GPS measurements being preferred. Vegetative cover shall be measured in accordance with N.J.A.C. 2:76-25A.6; and

iv. For areas where classification of soil disturbance is unclear, such as with soil alteration (cut/fill), minimum vegetative cover, or exemptions, the monitor shall err on the side of including the potential disturbance, and additional follow-up may be required to more accurately quantify disturbance areas with more precise tools;

Photos of each new disturbance shall be taken and provided to the Committee in digital format; and
Any additional information that the Committee determines is reasonable and necessary.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.11 Enforcement

The grantee and/or the Committee, upon a finding that the owner of the premises has violated this subchapter, may pursue remedies available at N.J.S.A. 4:1C-33 and the deed of easement pursuant to N.J.A.C. 2:76-6.15.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.12 Reconsideration and hearings requests

(a) Requests for reconsideration and for hearings shall be, in writing, and addressed to: State Agriculture Development Committee, PO Box, 330, Trenton, NJ 08625-0330.

(b) All hearings pursuant to applicable provisions at N.J.A.C. 2:76-24.5 through 25.10 shall be held by the Committee, or by a grantee that is a county, in accordance with the Senator Byron M. Baer Open Public Meetings Act, N.J.S.A. 10:4-6 et seq.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.13 Committee action and decision

(a) The Committee may delegate to its Executive Director, by resolution, any action of the Committee required pursuant to this subchapter, except for a hearing as set forth at (b) below.

(b) Any applicant aggrieved by the decision of the Executive Director shall be entitled to a hearing before the Committee.

(c) Nothing in this section shall preclude the Executive Director from bringing any application or request of any kind before the Committee for review and approval, when such action is deemed appropriate by the Executive Director.

(d) A final decision by the Committee shall be considered final administrative agency action subject to the right of appeal to the Appellate Division of the Superior Court.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25.14 Severability

Should any section, subsection, sentence, clause, phrase, or term of this subchapter be declared void, invalid, illegal, or unenforceable, for any reason, by the adjudication of any court or other tribunal having jurisdiction, such a declaration shall not affect the validity of the remaining provisions, which are hereby declared to be severable and which shall continue to remain in full force and effect.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

Subchapter 25A SUPPLEMENTAL SOIL DISTURBANCE STANDARDS

N.J. Admin. Code § 2:76-25A.1 Applicability

This subchapter applies to premises subject to farmland preservation deed restrictions recorded pursuant to the Agriculture Retention and Development Act, P.L. 1983, c. 32 (N.J.S.A. 4:1C-11 et seq.).

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25A.2 Purpose

The purpose of this subchapter is to promulgate technical standards necessary for exemptions and soil rehabilitation as set forth at N.J.A.C. 2:76-25.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25A.3 Definitions

The following words and terms, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Basal cover" means the portion of the soil surface covered by the base of plants. It does not include foliar cover (the vertical projection of exposed leaf area) or canopy cover (the vertical projection of the outermost perimeter of natural spread of foliage).

"Bulk density" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Coarse mulch" means wood chip mulch consisting of shredded leaves, bark, and wood particles ranging from one to four inches in length, with at least 50 percent of the mulch having a length of two inches or greater.

"Dense vegetative cover" means more than 90 percent live vegetative cover over a topsoil stockpile year-round.

"Farm conservation plan" has the same meaning as that term is defined at N.J.A.C. 2:76-2A.7.

"Farm management unit" has the same meaning as that term is defined at N.J.A.C. 2:76-2.1.

"Low ground pressure equipment" means construction and/or agricultural equipment specifically designed to distribute the weight of the equipment over a larger area to reduce soil compaction, typically with tracks or other design features. Examples include a tracked excavator, tracked skid steer, or wide tracked tractor.

"Low intensity topsoil stockpile" means an option for stockpiling topsoil designed in accordance with N.J.A.C. 2:76-25A.5.

"Maximum dry bulk density" means the maximum bulk density measured in grams per cubic centimeter as set forth at N.J.A.C. 2:76-25A.5.

"Minimum rooting depth" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Minimum vegetative cover" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Moderate intensity topsoil stockpile" means an option for stockpiling topsoil from which hay may be harvested pursuant to N.J.A.C. 2.76-25A.5.

"On-farm utilities" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Premises" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Prime farmlands" has the same meaning as that term is defined at N.J.A.C. 2:76-24.3.

"Soil compaction" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Soil disturbance" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Soil horizon" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Soil loss tolerance rate," or "T," means the maximum rate of annual soil loss that will permit crop productivity to be sustained economically and indefinitely on a given soil as defined in the USDA-NRCS Soil Survey Manual, issued March 2017, with Minor Amendments 2018, at: https://www.nrcs.usda.gov/wps/PA_NRCSConsumption/download?cid=nrcseprd1333016&ext=pdf.

"Soil profile" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Soil structure" means the arrangement of soil particles into aggregates that form cohesive and distinct structural units.

"Soil survey report" means a report generated from the NRCS Web Soil Survey that includes maps showing the distribution of soil mapping units throughout a particular geographic area, together with narrative descriptions of the soil series shown and other information relating to the uses and properties of the various soil series.

"Solar energy" has the same meaning as that term is defined at N.J.A.C. 2:76-24.3.

"Solar energy facilities" has the same meaning as that term is defined at N.J.A.C. 2:76-24.3.

"Solar panels" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Solar-related disturbance area" means the total contiguous or noncontiguous area(s) supporting the solar energy facilities and related infrastructure. The total area calculation shall include all areas of land that are devoted to or support the solar energy facilities; any areas of land no longer available for agricultural or horticultural production due to the presence of the solar energy facilities; and any areas of the farm used for underground piping or wiring to transmit solar energy or heat where the piping or wiring is less than three feet from the surface. A solar-related disturbance area does not include building-mounted solar energy facilities.

"Step-point method" means the quantitative means of determining minimum vegetative cover pursuant to N.J.A.C. 2:76-25A.6.

"Stockpile" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Subsoil" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Topsoil" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"Topsoil stockpile" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

"USDA" has the same meaning as that term is defined at N.J.A.C. 2:76-25.3.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25A.4 On-farm utilities construction

(a) In order for on-farm utilities to be considered exempt pursuant to N.J.A.C. 2:76-25.4, the grantor shall meet the criteria listed at (b), (c), and (d) below, as applicable.

(b) On-farm utilities general construction criteria are as follows:

Construction activities shall be completed while soil moisture is significantly below field moisture capacity;
Low ground pressure equipment and/or ground protection mats shall be used during construction to reduce soil compaction. Gravel construction roads and unprotected construction roads are counted towards the soil disturbance limitation set forth at N.J.A.C. 2:76-25.5 and shall adhere to the requirements at N.J.A.C. 2:76-25.9 and 25A.7 after construction is complete;
No mechanical or structural soil compaction (for example, with a sheep-foot compactor or vibratory compactor) shall occur prior to or during installation;
Topography shall not be altered as part of utility construction;
After construction is complete, bare soil over, under, and around the utility shall be seeded to a permanent vegetative cover that is compliant with the "Permanent Vegetative Cover for Soil Stabilization" standards at N.J.A.C. 2:90-1.3(a)1, or compliant with a farm conservation plan approved by the soil conservation district; and
Soil loss from the utility area shall be maintained at or below the soil loss tolerance rate "T."

All underground utilities (electric, sewer, water, gas, communication lines, or similar) shall be buried below the minimum rooting depth, or compliant with the depths required by building code or other relevant regulations, if greater.

i. To the maximum extent practicable, underground utilities shall be buried using a trenching machine or by horizontal directional drilling.

ii. Horizontal directional drilling may be utilized below the minimum rooting depth. Any soil disturbance remaining on the surface of the ground as a result of horizontal directional drilling shall be rehabilitated in compliance with N.J.A.C. 2.76-25.9 and 25A.7.

iii. If use of a trenching machine or horizontal directional drilling is not feasible, an open (excavated) ditch may be used and should be the minimum width necessary to install the utility. The following conditions apply when underground utilities are installed using an open ditch:

(1) Topsoil and subsoil shall be staged separately from each other and stored in accordance with N.J.A.C. 2:76-25A.5;

(2) Topsoil shall not be used as bedding beneath buried utility infrastructure; and

(3) After installation, topsoil shall be replaced to an equivalent depth as existed before installation. Excess subsoil may be removed from the premises or reused on-site in compliance with an approved farm conservation plan.

(d) Additional criteria for solar energy facility construction are as follows:

The solar energy facility must be approved pursuant to N.J.A.C. 2:76-24 prior to commencement of construction.

Solar energy facilities shall be designed in a manner to minimize the solar-related disturbance area.

The land within the solar-related disturbance area may be utilized for crop production, pasture/grazing, or other soil-based agriculture when part of an approved farm conservation plan.

Solar-related disturbance areas that maintain minimum vegetative cover shall not count toward the soil disturbance limitation at N.J.A.C. 2:76-25.5.

Travel lanes used solely to access the solar energy facility do not qualify for the unimproved travel lane exemption pursuant to N.J.A.C. 2:76-25.4.
Maintenance shall be as follows:

i. Minimum vegetative cover shall be maintained over the entire solar-related disturbance area to minimize runoff and soil erosion;

ii. The solar energy facility shall be kept in good working order; and

iii. Land beneath non-functioning solar panels does not qualify for soil disturbance exemptions at N.J.A.C. 2.76-25.4.

Removal shall be as follows:

i. At the end of the solar energy facilities' useful life, all associated infrastructure shall be removed from the soil and properly disposed of. All permanent footings, concrete structures, conduits, and underground utilities shall be removed to a minimum depth of 36 inches. Infrastructure buried deeper than 36 inches may be left in place.

ii. The entire solar-related disturbance area shall comply with the rehabilitation standards pursuant to N.J.A.C. 2:76-25.9 and 25A.7 once the infrastructure has been removed.

Nothing in this section shall be interpreted to abrogate, supersede, or replace solar energy generation laws and rules applicable to preserved farmland.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25A.5 Topsoil stockpiling

(a) General performance criteria are as follows:

Topsoil stockpiles shall not be located in regulated areas such as wetlands, waters of the State, floodplains, or wetland transition areas.
Topsoil stockpiles shall be oriented to allow drainage around the stockpile, to keep the topsoil well drained and aerobic, and to avoid ponding water around the soil.
Topsoil movement shall only take place when soils on the site are significantly below field moisture capacity to minimize soil compaction.
Topsoil shall be removed and placed using low ground pressure equipment unless work is done from ground protection mats or existing travel lanes.
The area to be stripped of topsoil:

i. Shall have existing vegetation removed by harvesting, mowing, or treating with herbicide according to the manufacturer's label; and

ii. Shall not be tilled before excavating topsoil to maintain the soil structure.

Bulky vegetation (for example, mulch, corn stover, excessive grass) shall not be incorporated into topsoil stockpiles but shall be harvested or otherwise removed.
When moving, handling, and grading topsoil, care shall be taken to avoid overhandling and compaction.

i. Topsoil shall not be moved using any equipment that substantially reduces soilaggregate structure, increases soil compaction, or leads to excessive soil smearing.

ii. When possible, the topsoil shall be placed directly onto the final stockpile location or shall be placed directly into a vehicle to be transported to the stockpile location.

Topsoil stockpile placement shall avoid overlying prime farmlands, when feasible.
Topsoil shall be managed in a way to maintain its soil structure to the maximum extent practicable (for example, avoid deliberately pulverizing soil clods).
Care shall be taken to avoid soil smearing; if the soil is smeared during construction, soil shall be scarified to allow for water and air infiltration and exchange.
Topsoil stockpiles shall be maintained to be free of woody vegetation unless specifically permitted in this subchapter.
Topsoil stockpiles shall be created as either low intensity topsoil stockpiles or moderate intensity topsoil stockpiles, depending on the goals of the farming operation, as described in this section.

If equipment travel over the topsoil stockpile is necessary for construction or maintenance of the stockpile, travel shall be limited to the minimum number of passes required. Travel shall not increase soil dry bulk density above the values listed in the following table:

(b) Performance criteria for low intensity and moderate intensity topsoil stockpiles are as follows:

Low intensity topsoil stockpile areas cover a smaller area than moderate intensity topsoil piles but do not grow a harvestable crop. For low intensity topsoil stockpile areas:

i. Existing vegetation shall be removed before placement of topsoil fill.

ii. The existing topsoil shall be tilled or ripped to eliminate any transition zone between the existing topsoil and the topsoil stockpile to be placed on the area.

iii. Topsoil shall be stockpiled to a maximum height of three feet above original grade.

iv. The side-slopes of the topsoil stockpile shall be no greater than 4 horizontal:1 vertical (25 percent) to reduce erosion potential and allow for routine mowing.

v. When topsoil is planned to be stockpiled for more than 30 days it shall be seeded and mulched in compliance with the "Permanent Vegetative Cover for Soil Stabilization" standards, or the "Temporary Vegetative Cover for Soil Stabilization" standards, at N.J.A.C. 2:90-1.3(a)1, depending on the purpose and nature of the stockpile; and

Moderate intensity topsoil stockpile areas are lower in height than low intensity stockpiles, and cover more land area, but may be cropped with hay. For moderate intensity topsoil stockpile areas:

i. All vegetation shall be removed prior to placement of topsoil fill;

ii. The existing topsoil shall be tilled or ripped to eliminate any transition zone between the existing topsoil and the topsoil stockpile to be placed on the area;

iii. Topsoil shall be placed at a depth of not less than 12 inches and not more than 18 inches;

iv. Side slopes shall be no greater than 6 horizontal: 1 vertical (17 percent);

v. Seeding shall be an appropriate long-term, deep rooting perennial hay crop within 30 days; and

vi. During establishment, no harvesting shall occur until the crop has reached a sufficient height to ensure vigorous, deep root establishment.

Agronomic nutrient testing of the surface of the topsoil stockpile shall be completed as soon as the stockpile is constructed. Appropriate amendments shall be added to the soil to establish and maintain dense vegetative cover as recommended by the soil test results;
Dense vegetative cover shall be established and maintained on the topsoil stockpiles within 30 days of final soil placement and grading. Topsoil stockpiles shall be reseeded, as necessary, to maintain dense vegetative cover. There shall be no tillage of topsoil stockpiles after initial establishment, except as expressly provided in this subchapter;
Permanent vegetation on low intensity soil stockpiles shall be mowed no lower than six inches and shall be maintained free of woody vegetation, unless otherwise specified in this subchapter. Equipment travel over the stockpiles shall be minimized and shall only occur when the stockpile is significantly below field moisture capacity;
Permanent vegetation on moderate intensity soil stockpiles shall be mowed or harvested not less than four inches and shall be allowed to regrow at least 12 inches prior to subsequent harvests. Care shall be taken to avoid excessive equipment traffic over the topsoil stockpile. Hay bales shall not be stockpiled on the soil stockpile and shall not be removed from the field unless the ground is significantly below field moisture capacity or the ground is frozen;
Tillage may occur on moderate intensity topsoil stockpiles to establish a hay crop not more than once every five years. Seeding or overseeding of hay crops may occur at any frequency necessary to maintain the hay;
Trees, shrubs, and woody vegetation shall not be planted or be allowed to establish on topsoil stockpiles unless specifically approved by resolution of the Committee. Nursery stock shall not be established on topsoil stockpiles;
Signage shall be maintained on each topsoil stockpile preventing improper use. Topsoil stockpiles shall not be used for picnic areas, parking, travel, pasture or other livestock use, growing crops, filling depressions or containers, or any other use unless specifically provided for in this subchapter; and
All erosion rills that form on the stockpile shall be addressed promptly by stabilization with seed and mulch or biodegradable erosion control matting, if necessary, for vegetation to establish.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25A.6 Vegetative cover

(a) Temporary parking areas and temporary storage areas are exempt agricultural practices pursuant to N.J.A.C. 2:76-25.4 when minimum vegetative cover as defined at N.J.A.C. 2:76-25.3 is maintained.

(b) The Committee recognizes that there may be circumstances beyond the reasonable control of the grantor affecting the grantor's ability to maintain minimum vegetative cover including, but not limited to, the type of soil present or extended weather conditions. The Committee and grantee, as appropriate, shall consider the following factors affecting the quality of vegetation and the ability of a field to maintain minimum vegetative cover in determining whether these areas shall be considered exempt agricultural practices:

The weight of the equipment or vehicles that traverse the vegetative cover;
The frequency of use of the area each day or season;
The yield potential of the pasture;
Pasture management (that is, mowing, irrigating, fertilizing, seeding, and pasture rotation);
Plant species present;
Drainage;
Soil type; and
Weather conditions and season.

Delineate land use area by physical breaks (for example, fences, roads, hedge rows) and/or by visible evidence of soil degradation captured from a drone, aerial imagery, other remote sensing device, or in-person observation.

i. Measurement areas within a land use area to be sampled shall be grouped by soil type and topography.

(1) Each measurement area shall have uniform vegetative cover to avoid undercounting degraded areas.

(2) Each measurement area shall be contiguous (a single polygon, instead of multiple parts).

(3) Measurement areas shall not exceed one-acre.

(4) The minimum measurement of vegetative cover shall be 0.1-acre.

ii. Sampling results shall be reported separately for each measurement area.

Measurement areas shall be sampled at a frequency of 100 points per acre using the following methodology:

i. Establish five equally spaced transects of 20 equally spaced points;

ii. For smaller areas, proportionally reduce the number of points, not the spacing;

iii. To the maximum extent practicable, utilize a pre-determined transect design with points spaced 10 feet apart and rows spaced 40 feet apart (see figure below);

iv. Pace or measure to each sampling location and look at the land cover touching the middle of the boot tip. Alternatively, a measuring tape or pre-measured rope with knots may be used;

v. Record land cover at each sampling location on a chart or spreadsheet as "vegetation," "weed," "crop residue," "bare ground," or "other" (rocks, wood); and

vi. A leaf hanging over bare soil shall be marked as bare soil;

The step-point method is used to estimate basal cover of grass and is not a method to estimate vegetative cover beneath trees.

Tally points in each land cover category and divide by the total points collected in that measurement area; measurement areas with more than 70 points per acre (70 percent) of "vegetation" and/or "crop residue" are not considered disturbed soil.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25A.7 Soil rehabilitation plan requirements

(a) The purpose of this section is to establish the minimum application, plan, and certification requirements for a rehabilitation plan to be certified by the Committee as a soil rehabilitation project pursuant to N.J.A.C. 2:76-25.9.

(b) A rehabilitation application and plan shall be prepared in accordance with application documents developed by the Committee.

General criteria applicable to all rehabilitation plans:

i. All rehabilitation activities shall be completed while the soil moisture is sufficiently below field moisture capacity to avoid rutting of and damage to soil structure.

ii. Soil rehabilitation activities shall be timed for completion at the onset of the optimal seeding period to minimize the duration and area of exposure of bare soil to erosion.

iii. Vegetative cover shall be established in accordance with the specified cover crop mixture or crop rotation immediately after rehabilitation activities.

iv. Low ground-pressure equipment and/or ground protection mats shall be used during rehabilitation activities.

v. The following soil physical properties shall approximate or be more favorable for plant growth after soil rehabilitation than pre-disturbance conditions:

(1) Surface infiltration rate;

(2) Hydraulic conductivity;

(3) Texture;

(4) Structure;

(5) Porosity (for example, bulk density);

(6) Consistency;

(7) Penetration resistance; and

(8) The reaction (pH) and other chemical properties of the major horizons of the rehabilitated soil must be within the ranges of the pre-disturbed soil or be similar to, or as favorable for, plant growth.

vi. The depth and quality of the rooting zone of the rehabilitated soil shall be equal to or greater than the pre-disturbance soil rooting zone or the rooting zone of a similar reference site if pre-disturbance rooting zone depth is unknown.

Additional criteria applicable to the removal of surfaces or structures are as follows:

i. All structures, surfaces, and associated foreign materials and debris, including buried infrastructure, shall be removed in their entirety within the soil profile as provided in the rehabilitation plan. Buried infrastructure below parent material may remain in place.

ii. Demolished structures and surfaces shall be removed from the premises for disposal, reuse, or recycling, or may be retained on the premises for beneficial reuse if approved in the rehabilitation plan.

iii. Removal of gravel or other surfacing shall be completed in a manner that minimizes gravel mixing with soil and compaction of the soil. The removal equipment shall remain on the gravel or ground protection mats during the rehabilitation process.

iv. After removal of surfaces or structures, human-made or processed artifacts (for example, concrete, glass, brick, gravel) in each horizon shall be less than five percent by volume of the soil profile.

Additional criteria applicable to modified topography and soil profile reconstruction are as follows:

i. Rehabilitated areas shall be consistent with the pre-disturbance contour of the land, and any rehabilitated slope shall be within one percent of the pre-disturbance slope.

ii. Final grading of the reconstructed soil shall provide for adequate surface drainage.

iii. The minimum depth of soil and/or substitute soil material to be reconstructed shall be 48 inches; or another depth, if deemed necessary or appropriate by the Committee, to restore the pre-disturbance soil productivity.

Additional criteria applicable to subsoil replacement and/or grading:

i. Subsoil shall be replaced at the same depth and thickness of the undisturbed soil or a similar reference site if the original depth and thickness are unknown.

ii. If importation of subsoil is necessary for rehabilitation, certified clean subsoil shall be utilized and records retained for submission with the final certification report, as described at (d)1 through 7 below.

iii. Replacement subsoil shall have similar physical characteristics to the native subsoil unless the grantor can demonstrate using soil with similar physical characteristics will prohibit rehabilitation (for example, excessive clay content).

iv. Subsoil shall be tested for bulk density according to the additional criteria for soil bulk density and decompaction testing set forth at (c)6 below.

v. Subsoil shall be placed in lifts of not more than six inches and excessive voids shall be removed prior to placement of additional subsoil.

vi. Subsoil shall be scarified before placing additional subsoil or topsoil layers, and any reconstructed soil horizons shall be deep-tilled with appropriate implements to ensure root penetration and that restrictive layers do not limit downward water percolation.

Additional criteria related to topsoil replacement and/or grading are as follows:

i. Replacement topsoil shall be applied to the remediation area to a depth not less than that of the pre-disturbed soil, accounting for soil settling.

ii. Topsoil shall not be removed from undisturbed portions of the farm to be utilized for rehabilitation.

iii. Replacement topsoil utilized shall be sourced, in order of preference, from:

(1) An on-site topsoil stockpile, if topsoil was stockpiled prior to disturbance;

(2) An off-premises topsoil source; and

(3) Vendor supplying substitute soil material, provided the applicant submits a written justification that is approved by the Committee.

iv. Replacement topsoil shall have similar soil properties as the pre-existing soil as identified in the application package.

(1) Replacement topsoil shall be friable, loamy, with similar coarse fragment content to the original topsoil, free of debris, objectionable weeds and stones, and contain no toxic substance or adverse chemical or physical condition that may be harmful to plant growth. In all cases, topsoil shall have not more than 15 percent coarse rock fragments greater than one inch in size.

(2) Replacement topsoil shall have an organic matter content greater than or equal to that of the pre-existing topsoil.

(A) Organic matter content may be increased by additives not explicitly prohibited by the deed of easement. Paper-mill byproducts, sludge, biosolids, and other waste products shall not be permitted as soil amendments without the Committee's written approval and as part of a farm conservation plan.

(B) Manure may be incorporated into the soil as part of a manure management plan or farm conservation plan.

v. Prior to applying replacement topsoil:

(1) Complete the additional criteria for bulk density testing and decompaction within the subsoil as set forth at (c)6 below.

(2) Scarify the subsoil surface to ensure root penetration and that restrictive layers do not limit downward water percolation.

vi. When placing replacement topsoil:

(1) Soil handling shall be limited to the minimum necessary for replacement to maintain soil structure.

(2) Place additional topsoil to allow for settling so the final depth of replacement topsoil is equivalent to or greater than pre-disturbance conditions.

vii. After final topsoil replacement, the grantor shall complete the:

(1) Additional criteria for bulk density testing and decompaction, set forth at (c)6 below;

(2) Additional criteria for soil testing and amendments, set forth at (c)7 below; and

(3) Additional criteria for crop yield comparisons, set forth at (c)8 below.

Additional criteria for bulk density testing and decompaction are as follows:

i. Test the soil in at least five locations per acre at the minimum rooting depth and at the surface for excessive compaction using the soil test methods described in this section.

ii. Rehabilitated soils shall have bulk density values less than or equal to bulk density values in an undisturbed reference location and not more than those listed in the table at N.J.A.C. 2:76-25A.5(a)13.

iii. Soil test methods shall be selected from the handheld soil penetrometer test method, tube bulk density test method, or nuclear density test method described in the Land Grading standards at N.J.A.C. 2:90-1.3(a)2.

iv. If soil is determined to be above the maximum bulk density after testing, the soil shall be tilled or scarified to the depth of compaction or the minimum rooting depth, whichever is less, using a chisel plow, subsoiler, or other similar equipment. Vegetative measures designed to loosen the soil (forage radish, cover crops) may be utilized alone or in conjunction with other mechanized methods.

v. After decompaction, the soil density shall be retested at least at the minimum rooting depth, the subsoil surface, and the topsoil surface until compaction has been rehabilitated. The Committee may require additional bulk density sampling within the soil profile for especially compacted soils.

Additional criteria for soil testing and soil amendments are as follows:

i. Collect topsoil samples after all grading, soil replacement, and decompaction has been completed. Collect five to 10 representative topsoil samples across each rehabilitation area to create a composite mixture for testing at a rate of at least one soil test per disturbance within the rehabilitation area, but not less than one sample per three acres.

ii. Soil sample collection shall follow laboratory standards.

(1) For rehabilitation projects where no topsoil was imported from off-site, the soil shall be tested utilizing the New Jersey Agriculture Experiment Station's Full Farm Test, or equivalent, including nutrients, pH, estimated cation exchange capacity (CEC) and cation saturation, plant-available (inorganic) nitrogen, and organic matter content.

(2) For rehabilitation projects where topsoil was imported from off-site or substitute soil material was created, the New Jersey Agriculture Experiment Station's Topsoil Specification Test, Ecological Research Test, and/or Compost/Technical Test, or equivalent, may be required based on site-specific conditions.

(3) The Committee reserves the right to require any additional soil tests, as is necessary, to prove the quality of imported topsoil or substitute soil material.

iii. Amendments shall be applied according to soil test results and recommendations from a Rutgers Cooperative Extension agent or similarly qualified agronomist or soil scientist.

iv. Soil organic matter within the rehabilitation area shall be amended until organic matter content within the rehabilitation area is equal to pre-existing conditions or that of the surrounding farm fields if pre-existing levels are unknown.

v. Topsoil shall be tilled to incorporate all necessary fertilizers and amendments using a large offset disk, rototiller, chisel plow or similar equipment, then seeded with a fast-growing cover crop until the next crop is planted.

vi. Once soil amendment is completed, follow additional criteria for crop yield comparisons, as set forth at (c)8 below.

Additional criteria for crop yield comparisons are as follows:

i. Establish a baseline for comparison using one or more of the following methods:

(1) Pre-recorded crop yields from not more than five years prior to the date of rehabilitation, with farming practices enumerated.

(2) Parallel crop yields from another field farm with the same soil type and under equivalent management practices (irrigation, fertilizer application, seed type, tillage).

(3) If pre-recorded or parallel crop yields are not feasible, county yield values from the soil survey report as defined at N.J.A.C. 2:76-25.3 may be permitted at the discretion of the Committee.

ii. Determine post-rehabilitation crop yield:

(1) Develop and implement a planned cropping rotation for measuring crop yield. Acceptable crops for yield comparison testing may include row crops, such as corn or soybeans or small grains, but shall not include vegetables, tree fruit, or hay, unless approved, in writing, by the Committee.

(2) Crop yield shall be measured at harvest utilizing a standardized protocol developed by the grantor in the application package and approved, in writing, by the Committee.

(3) Crop production shall be measured for at least five years after all other rehabilitation standards have been met and certified.

(4) For sites where parallel crop yield comparison is not possible, adjustment for weather-induced variability in the annual crop production may be permitted by the Committee for not more than two of the five crop yield measurements.

iii. Crop yield testing shall be considered successful when the five-year averaged yield is not less than 90 percent of the pre-recorded crop yields or county values, or when the parallel crop yields are not less than 90 percent of the yields in the control fields for three of the five testing years.

iv. Crop yields that fail to meet the minimum rehabilitation thresholds after 10 years will be considered unsuccessful and the land will continue to be counted towards the soil disturbance limitations set forth at N.J.A.C. 2:76-25.5.

(d) After rehabilitation activities and testing have been completed, the grantor shall submit to the Committee and the grantee, a final certification report which, at a minimum, shall include:

Records of interim certifications for each step in the approved rehabilitation sequence;
A comparison of the pre-existing and rehabilitated soil properties;
Documentation of acceptable bulk density tests with a map depicting the approximate location of the tests, and date(s) of testing;
Certification of clean fill, including source of soil, if applicable;
Results of soil tests, including quantity and type of amendments applied;

Crop yield comparisons, farming practices, and sampling pattern and locations; and

An as-built survey showing slopes, if grading occurred.

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

N.J. Admin. Code § 2:76-25A.8 Severability

History

Adopted by 57 N.J.R. 345(a), effective 2/18/2025

Subchapter 26 STATEWIDE FARMLAND PRESERVATION FORMULA VALUATION OF DEVELOPMENT EASEMENTS

N.J. Admin. Code § 2:76-26.1 Applicability

This subchapter sets forth a Statewide Farmland Preservation Formula for the valuation of development easements acquired pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, c. 32, as amended.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.2 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Agriculture improvements" means improvements affixed to the land and commonly associated with agricultural and/or horticultural production activities including, but not limited to, barns, packing houses, cold storage facilities, permanent irrigation systems, and perennial crops in continuous production over a substantial period of time, such as blueberries, cranberries, vineyards, and orchards. This definition excludes less enduring perennial crops, such as asparagus and strawberries.

"Agricultural water availability" means the presence of an agricultural water usage certification or registration issued pursuant to N.J.A.C. 7:20A for a particular property.

"Category one waters" (C1) means the same as that term is defined at N.J.A.C. 7:9B-1.4.

"Category two waters" (C2) means the same as that term is defined at N.J.A.C. 7:9B-1.4.

"Committee" or "SADC" means the State Agriculture Development Committee, established pursuant to N.J.S.A. 4:1C-4.

"Critical infrastructure" means structures and facilities that are essential for daily life and security, disruptions to which would lead to serious consequences for the economy, public health and safety, and/or State and national security and where the conversion of adjacent land to nonagricultural use would lead to conflicting land uses. Examples of critical infrastructure include, but are not limited to, major utility infrastructure, interstate roadways, toll roadways, military bases, and military and civilian airports and associated air space.

"Cropland harvested" means land from which a crop was harvested in the current year. Cropland harvested shall include land under structures utilized for agricultural or horticultural production.

"Cropland pastured" means land that can be, and often is, used to produce crops, but its maximum income may not be realized in a particular year. This includes land that is fallow or in cover crops as part of a rotational program.

"Development easement" means an interest in land, less than fee simple absolute title thereto, which enables the owner to develop the land for any nonagricultural purpose, as determined by the provisions at N.J.S.A. 4:1C-11 through 48, P.L. 1983, c. 32, and any relevant rules or regulations promulgated pursuant thereto.

"Exception" means a portion of an applicant's land holdings that will be excluded from the premises and unencumbered by the farmland preservation restrictions at N.J.A.C. 2:76-6.15(a) and set forth in the deed of easement after the property is preserved. This includes portions of the farm that cannot be severed from the premises, known as nonseverable exceptions, and portions of the farm excluded from the premises that can be severed, but have not been subdivided from the farm, known as severable exceptions.

"Farmland of local importance" means the same as the term "additional farmland of local importance" as defined at 7 CFR 657.5(d).

"Farmland of Statewide importance" means the same as the term "additional farmland of statewide importance" as defined at 7 CFR 657.5(c).

"Flood hazard area" means the same as that term is defined at N.J.A.C. 7:13-1.2.

"Forest stewardship plan" means the same as that term is defined at N.J.A.C. 7:3-1.3.

"Groundwater recharge" means the amount of water from precipitation that infiltrates into the ground beyond plants' root zones to recharge the groundwater table.

"Highest and best use" means the reasonably probable and legal use of vacant land or an improved property, which is physically possible, appropriately supported, financially feasible, and that results in the highest value.

"Impervious cover" means any structure or surface that prevents the infiltration of water into the land. Examples include, but are not limited to, pavement, sidewalks, surfaced driveways or parking areas, machine-compacted soil or stone areas, rooftops, buildings, barns, sheds, houses, garages, greenhouses, hoophouses, plastics, or other impermeable ground covers. This term shall not apply to seasonal structures that remain in place for no more than 180 days, unimproved farm lanes, areas of field-based agriculture, or seasonal ground coverings. This limitation does not include public roads or other roads owned or controlled by parties with rights superior to those rights conveyed to the grantee.

"Landowner" means the record owner of the land, duly authorized contract purchaser of the land, or record owner of the development easement acquired pursuant to N.J.S.A. 4:1C-11 et seq.

"Market value unrestricted" means the market value that a property will bring in the open market under all conditions requisite for a fair sale and which value includes the rights of fee simple ownership.

"Open water" means any waterbody that qualifies under the 5000 series Anderson codes defined at https://www.nj.gov/dep/gis/digidownload/metadata/lulc15/anderson2015.html with the exclusion of lined waterbodies.

"Outstanding National Resource Waters" means the same as that term is defined at N.J.A.C. 7:9B-1.4.

"Pinelands Area" means the Pinelands Area as defined pursuant to section 3 at P.L. 1979, c. 111 (N.J.S.A. 13:18A-3).

"Premises" means the property under easement, which is defined by the legal metes and bounds description in the preserved farmland deed of easement.

"Preserved farmland" means land on which a development easement or fee simple title was conveyed to, or retained by, the State Agriculture Development Committee, a county agriculture development board, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 at P.L. 1983, c. 32 (N.J.S.A. 4:1C-31), section 5 at P.L. 1988, c. 4 (N.J.S.A. 4:1C-31.1), section 1 at P.L. 1989, c. 28 (N.J.S.A. 4:1C-38), section 1 at P.L. 1999, c. 180 (N.J.S.A. 4:1C-43.1), sections 37 through 40 at P.L. 1999, c. 152 (N.J.S.A. 13:8C-37 through 13:8C-40), or any other State law, so long as the original deed restrictions imposed on the premises pursuant to such other State law are consistent with the restrictions at N.J.A.C. 2:76-6.15 and approved by the Committee.

"Preserved open space" means land that is protected from development (or has very strict development restrictions/limitations) and set aside for conservation. This includes, but is not limited to, Federally owned protected areas, land preserved pursuant to the Green Acres Program as set forth at N.J.A.C. 7:36, the Highlands Open Space Partnership

Funding Program and Highlands Development Credit Purchase Program set forth at N.J.A.C. 7:70, the Pinelands Protection Act at N.J.S.A. 13:18A-1 et seq., and land preserved pursuant to the municipal open space cluster preservation provisions set forth at N.J.S.A. 40:55D-39.1.b. This definition excludes properties that meet the definition of "preserved farmland" as set forth in this subchapter.

"Prime farmland" means the same as that term is defined at 7 CFR 657.5(a).

"Property of unique importance" means property that is significant because of its value to the municipality or local region due to its unique attributes, the preservation of which supports the local economy or the goals of the municipal or regional master plan. The property will meet this definition if, at a minimum, its unique attributes are easily identifiable, supported by sufficient evidence, and such attributes are not assigned value in other formula categories. Examples of a "property of unique importance" may include, but not be limited to, properties that have historical or cultural significance, properties that provide an important viewshed, or properties that produce a niche agricultural product or service.

"Regulated area" means the portion of property consisting of a "wetlands" or a "flood hazard area."

"Residential building" means the building to be used for single- or multi-family residential housing and its appurtenant uses.

"Seasonal ground coverings" means permeable, woven or non-woven geotextile fabrics that allow for water infiltration or impermeable materials, such as those used in plasticulture, that are in contact with the soil, and used for no more than two consecutive years.

"State Growth Area" means a location identified for the accommodation of future development and redevelopment pursuant to the New Jersey State Development and Redevelopment Plan, Pinelands Comprehensive Management Plan, Highlands Regional Management Plan, or Hackensack Meadowlands District Master Plan.

"Tillability" means the presence of lands classified as cropland harvested, cropland pastured, and permanent pasture on a property.

"Unique farmland" means the same as that term is defined at 7 CFR 657.5(b).

"United States Department of Defense Installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction, custody, or control of the United States Department of Defense.

"Upland forest" means land that is at least one acre in size and 120.0 feet wide and that has, or has had, within the past 10 years, at least 10 percent crown cover by live tally trees of any size or at least 10 percent canopy cover of live tally species, based on the presence of stumps, snags, or other evidence. Forested land includes transition zones, such as areas between forest and non-forestland that meet the minimal tree stocking/ cover and forest areas adjacent to urban and built-up lands. Upland forest does not include land devoted to the production of Christmas trees, nursery stock, orchards, or similar areas where trees are primarily grown to harvest their fruits, nuts, stems, or flowers. Upland forest also does not include "wetlands" as defined in this subchapter.

"Wetlands" means the same as "wetlands" or "wetland" as those terms are defined at N.J.A.C. 7:7-9.27(a).

"Woodland management plan" means the same as that term is defined at N.J.A.C. 18:15-1.1.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.3 Valuation of development easements

(a) Landowners shall be provided with development easement values determined pursuant to the following valuation methodologies:

The Statewide formula valuation set forth in this subchapter;
The traditional valuation methodology pursuant to N.J.S.A. 4:1C-31;
The Pinelands formula valuation set forth at N.J.A.C. 2:76-19 for lands located within the Preservation, Agricultural Production, and/or Special Agricultural Production Area of the Pinelands Area; and
Any other duly enacted valuation methodology applicable to properties preserved pursuant to N.J.S.A. 4:1C-11 et seq.

(b) The higher of the values set forth at (a) above shall be utilized by the Committee, a local government unit, or a qualifying tax exempt nonprofit organization as the basis for negotiation with the landowner with respect to acquisition price.

(c) A landowner may waive any of the requirements of this section and may agree to sell the lands for less than the values determined pursuant to this section.

(d) For the avoidance of doubt, the Statewide formula valuation provided to landowners shall include any voluntary deed restriction or restrictions described in this subchapter.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.4 Base value

(a) The base value of a development easement shall be 50 percent of the property's certified market value unrestricted, determined in accordance with:

The appraisal handbook standards set forth at N.J.A.C. 2:76-10; or
Any other State law establishing a valuation methodology applicable to properties preserved pursuant to N.J.S.A. 4:1C-11 through 48.

(b) Market value unrestricted considerations are as follows:

The following applies to a property located in the Pinelands Area, the Highlands Preservation Area, or in a municipality within the Highlands Planning Area that has come into conformance with the Highlands Regional Master Plan. In the event it is determined pursuant to the appraisal obtained in accordance with (a) above that the highest and best use of the property is agriculture, any agricultural improvements shall be considered in the determination of the market value unrestricted.
In the event that the landowner received a valid, good faith offer to purchase or acquire another substantial interest in the property for a non-agricultural use, and such use is permitted in the zoning district in which the property is located, such offer shall be considered by the appraisers in determining the certified market value unrestricted of the property.

i. The determination of whether the offer is valid and in good faith shall be based on substantial, credible documentation within the sole discretion of the Committee.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.5 Adjustments to base value, generally

(a) The base values of a development easement shall be increased by the following factors:

Agricultural resource (20 percent maximum);
Natural resource (10 percent maximum);
Local importance (up to 15 percent maximum); and
Voluntary deed restrictions, should the landowner agree to include such restrictions in the deed to be recorded in accordance with N.J.A.C. 2:76-6.15(up to 10 percent).

(b) Any value(s) resulting from (a)1, 2, and/or 3 above shall be added to the original base value.

(c) The factors at (a)1, 2, and 3 above may generate up to 30 percent of additional development easement value, or up to a maximum of 80 percent of the certified market value unrestricted.

(d) Any voluntary deed restriction a landowner may choose in accordance with (a)4 above shall generate five percent of additional development easement value per restriction and a maximum total of 10 percent of additional development easement value.

(e) Adjustments to the base value shall be based on the best available information.

(f) Adjustments shall be made on a certified market value unrestricted per acre basis.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.6 Agricultural resource factors

(a) The base value shall be increased by a percentage of the per-acre certified market value unrestricted based on points assigned to the following agricultural resource factors identified on the premises to be preserved:

Soils;
Size;
Tillability;
Contiguity to preserved farms; and
Agricultural water availability.

(b) The calculation of the factors set forth at (a) above is based on the net acreage of the premises to be preserved on the property.

The percentage of the premises to be preserved consisting of prime farmland shall be multiplied by 0.1;
The percentage of the premises to be preserved consisting of farmland of Statewide importance shall be multiplied by 0.08;
The percentage of the premises to be preserved consisting of unique farmland on which a high-value food and/or fiber crop consistent with 7 CFR 657.5(b) is being produced shall be multiplied by 0.06;
The percentage of the premises to be preserved consisting of farmland of local importance shall be multiplied by 0.04;
The maximum number of points that may be assigned to the soils is 10; and

Zero points will be assigned for the soils on the premises to be preserved if it does not meet the criteria set forth in this section.

(d) Size. The number of points assigned to the size of the premises to be preserved shall be determined as follows based on the county in which the property is located:

Ten points will be assigned if the premises to be preserved are equal to or greater than the average-sized farm based on the agricultural census data for that county.
Eight points will be assigned if the premises to be preserved are greater than or equal to 75 percent and less than 100 percent of the average-sized farm based on the agricultural census data for that county.
Six points will be assigned if the premises to be preserved are greater than or equal to 50 percent and less than 75 percent of the average-sized farm based on the agricultural census data for that county.
Four points will be assigned if the premises to be preserved are greater than or equal to 25 percent and less than 50 percent of the average-sized farm based on the agricultural census data for that county.
Zero points will be assigned for the size of the premises to be preserved if they do not meet the criteria set forth in this section.

(e) Tillability. The number of points assigned to the tillability of the premises to be preserved shall be determined based on the percentage of the property that is tillable as follows:

Ten points will be assigned when the premises to be preserved are 90 percent to 100 percent tillable;
Nine points will be assigned when the premises to be preserved are 80 percent to less than 90 percent tillable;
Eight points will be assigned when the premises to be preserved are 70 percent to less than 80 percent tillable;
Seven points will be assigned when the premises to be preserved are 60 percent to less than 70 percent tillable;
Six points will be assigned when the premises to be preserved are 50 percent to less than 60 percent tillable;
Five points will be assigned when the premises to be preserved are 40 percent to less than 50 percent tillable;
Four points will be assigned when the premises to be preserved are 30 percent to less than 40 percent tillable;
Three points will be assigned when the premises to be preserved are 20 percent to less than 30 percent tillable;

Two points will be assigned when the premises to be preserved are 10 percent to less than 20 percent tillable;

One point will be assigned when the premises to be preserved are greater than zero to nine percent tillable;

Five points will be assigned when the premises to be preserved contain a minimum of 25 tillable acres unless they are assigned greater points pursuant to this section; and

Zero points will be assigned for the tillability of the premises to be preserved if it does not meet the criteria set forth in this section.

(f) Contiguity to preserved farms shall be assigned points as follows:

Five points will be assigned with the premises to be preserved if adjacent to preserved farmland. The premises to be preserved shall be considered adjacent to preserved farmland if they are within 100 feet of preserved farmland;
The premises to be preserved will receive additional points based on the percentage of acreage consisting of preserved farmland within a half mile of the premises as follows:

i. The premises to be preserved will be assigned five points if 50 percent or greater of the acreage within a half mile is preserved farmland;

ii. The premises to be preserved will be assigned four points if 30 percent to less than 50 percent of the acreage within a half mile is preserved farmland;

iii. The premises to be preserved will be assigned three points if 20 percent to less than 30 percent of the acreage within a half mile is preserved farmland;

iv. The premises to be preserved will be assigned two points if 10 percent to less than 20 percent of the acreage within a half mile is preserved farmland; and

v. The premises to be preserved will be assigned one point if greater than zero percent to less than 10 percent of the acreage within a half mile is preserved farmland; and

Zero points will be assigned for the premises to be preserved contiguity to preserved farms if it does not meet the criteria set forth in this section.

(g) Agricultural water availability. The property will be assigned five points if it has an agricultural water usage certification or registration issued pursuant to N.J.A.C. 7:20A.

Zero points will be assigned for the property's agricultural water availability if it does not meet the criteria set forth in this section.

(h) The cumulative number of points from the three highest scoring agricultural resource factors shall be multiplied by 0.67 to determine the percentage of the per-acre certified market value unrestricted to be added to the development easement value.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.7 Natural resource factors

(a) The base value shall be increased by a percentage of the certified market value unrestricted based on the points assigned to the following natural resource factors on the premises to be preserved:

Groundwater recharge capability;

Upland forest;

Wetlands and open water/flood hazard mitigation;

Contiguity to preserved open space; and

Surface water quality classification.

(b) The calculation of the factors set forth at (a) are based on the net acreage of the premises to be preserved on the property.

(c) Groundwater recharge capability. The number of points assigned to groundwater recharge capability shall be calculated based on the premises to be preserved estimated groundwater recharge rate as follows:

An estimated groundwater recharge rate between 16 inches and 23 inches per year shall be multiplied by 0.1;
An estimated groundwater recharge rate between 11 inches and 15 inches per year shall be multiplied by 0.08;
An estimated groundwater recharge rate between eight inches and 10 inches per year shall be multiplied by 0.06;
An estimated groundwater recharge rate between one inch and seven inches per year shall be multiplied by 0.04;
The maximum number of points that may be assigned to groundwater recharge capability is 10; and
Zero points will be assigned for the groundwater recharge capability of the premises to be preserved if it does not meet the criteria set forth in this section.

(d) Upland forest. Points will be assigned if the premises to be preserved contain at least five reasonably contiguous acres of upland forest as follows:

Points will be assigned to a landowner that has a woodland management plan or forest stewardship plan for the upland forest as follows:

i. A property on which the premises to be preserved is covered in upland forest of at least 80 percent shall be assigned 10 points;

ii. A property on which the premises to be preserved is covered 70 percent to less than 80 percent in upland forest shall be assigned nine points;

iii. A property on which the premises to be preserved is covered 60 percent to less than 70 percent in upland forest shall be assigned eight points;

iv. A property on which the premises to be preserved is covered 50 percent to less than 60 percent in upland forest shall be assigned seven points;

v. A property on which the premises to be preserved is covered 40 percent to less than 50 percent in upland forest shall be assigned six points;

vi. A property on which the premises to be preserved is covered 30 percent to less than 40 percent in upland forest shall be assigned five points;

vii. A property on which the premises to be preserved is covered 20 percent to less than 30 percent in upland forest shall be assigned four points;

viii. A property on which the premises to be preserved is covered 10 percent to less than 20 percent in upland forest shall be assigned three points; and

ix. A property on which the premises to be preserved is covered greater than zero percent to less than 10 percent in upland forest shall be assigned two points.

Points will be assigned to a landowner that does not have a woodland management plan or forest stewardship plan for the upland forest as follows:

i. A property on which the premises to be preserved is covered in upland forest of at least 80 percent shall be assigned five points;

ii. A property on which the premises to be preserved is covered 70 to 79 percent in upland forest shall be assigned 4.5 points;

iii. A property on which the premises to be preserved is covered 60 to 69 percent in upland forest shall be assigned four points;

iv. A property on which the premises to be preserved is covered 50 to 59 percent in upland forest shall be assigned 3.5 points;

v. A property on which the premises to be preserved is covered 40 to 49 percent in upland forest shall be assigned three points;

vi. A property on which the premises to be preserved is covered 30 to 39 percent in upland forest shall be assigned 2.5 points;

vii. A property on which the premises to be preserved is covered 20 to 29 in upland forest shall be assigned two points;

viii. A property on which the premises to be preserved is covered 10 to 19 percent in upland forest shall be assigned 1.5 points; and

ix. A property on which the premises to be preserved is covered one to nine percent in upland forest shall be assigned one point.

A property on which the premises to be preserved contains at least 25 acres of upland forest shall be assigned five points if it has a woodland management or forest stewardship plan, or 2.5 points if it does not have a woodland management or forest stewardship plan, unless it is assigned greater points pursuant to (d)1 and 2 above.
Zero points will be assigned for the upland forest on the premises to be preserved if it does not meet the criteria set forth in this section.

(e) Wetland and open water/flood hazard mitigation. Points will be assigned based on the percentage of the premises to be preserved in wetlands/open waters and/or flood hazard areas.

Points will be assigned based on the percentage of the premises to be preserved in wetlands and open water. The property will be assigned:

i. Five points if 50 percent or more of the premises to be preserved are in a wetlands and/ or an open water area;

ii. Four points if 40 percent to less than 50 percent of the premises to be preserved are in a wetlands and/or an open water area;

iii. Three points if 30 percent to less than 40 percent of the premises to be preserved are in a wetlands and/or an open water area;

iv. Two points if 20 percent to less than 30 percent of the premises to be preserved are in a wetlands and/or an open water area; and

v. One point if one percent to less than 20 percent of the premises to be preserved are in a wetlands area.

Points will be assigned based on the percentage of the premises to be preserved in a flood hazard area. The property will be assigned:

i. Five points if 50 percent or more of the premises to be preserved is in a flood hazard area;

ii. Four points if 40 percent to less than 50 percent of the premises to be preserved is in a flood hazard area;

iii. Three points if 30 percent to less than 40 percent of the premises to be preserved is in a flood hazard area;

iv. Two points if 20 percent to less than 30 percent of the premises to be preserved is in a flood hazard area; and

v. One point if one percent to less than 20 percent of the premises to be preserved is in a flood hazard area.

The property may be assigned points for both wetlands/open water areas and flood hazard areas as set forth at (e)1 and 2 above.

A property on which the premises to be preserved contains at least 25 acres of a wetlands area and/or a flood hazard area shall be assigned 2.5 points for each regulated area comprising 25 acres of the property unless it is assigned greater points pursuant to (e)1 and 2 above.
Zero points will be assigned for the wetlands/flood hazard areas on the premises to be preserved if it does not meet the criteria set forth in this section.

(f) Points will be assigned related to contiguity to preserved open space.

A property will be assigned five points if the premises to be preserved are adjacent to preserved open space. The premises to be preserved shall be considered adjacent to preserved open space if it is within 100 feet of the preserved open space.
The property may also receive additional points based on the acres of properties consisting of preserved open space within a half mile of the premises to be preserved as follows:

i. The property will be assigned five points if 50 percent or greater of the acreage within a half mile of the premises to be preserved is preserved open space;

ii. The property will be assigned four points if 30 percent to less than 50 percent of the acreage within a half mile of the premises to be preserved is preserved open space;

iii. The property will be assigned three points if 20 percent to less than 30 percent of the acreage within a half mile of the premises to be preserved is preserved open space;

iv. The property will be assigned two points if 10 percent to less than 20 percent of the acreage within a half mile of the premises to be preserved is preserved open space; and

v. The property will be assigned one point if greater than zero percent to less than 10 percent of the acreage within a half mile of the premises to be preserved is preserved open space.

Zero points will be assigned for the premises to be preserved contiguity to preserved open space if it does not meet the criteria set forth in this section.

(g) Surface water quality classification. A property will be assigned points based on the surface water quality classification as follows:

Ten points will be assigned if there are Outstanding Natural Resource Waters on the premises to be preserved;
Ten points will be assigned if there are Category One (C1) waters on the premises to be preserved;
Five points will be assigned if there are Category Two (C2) waters on the premises to be preserved; and
Zero points will be assigned for the surface water quality classifications on the premises to be preserved if it does not meet the criteria set forth in this section.

(h) The cumulative number of points from the three highest-scoring natural resource factors shall be multiplied by 0.33 to determine the percentage of the per-acre certified market value unrestricted to be added to the development easement value.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.8 Local importance factors

(a) The development easement value will increase by five percent of the per-acre certified market value unrestricted for each of the following factors if they apply:

Risk of conversion: if the premises to be preserved are located within one mile of a State Growth Area.
Buffer to critical infrastructure: if the premises to be preserved are located within two miles of a United States Department of Defense installation or a quarter mile of all other critical infrastructure.
Property of unique importance: if the property is determined by the entity that will be holding the development easement to be a property of unique importance.
Zero points will be assigned for the local importance factors on the property if they do not meet the criteria set forth in this section.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.9 Voluntary deed restrictions

(a) The development easement value will increase by five percent of the per-acre certified market value unrestricted for each of the following restrictions agreed to by the landowner for inclusion in the deed to be recorded in accordance with N.J.A.C. 2:76-6.15:

A 10 percent impervious cover limitation; and/or
A maximum house size limitation of 2,500 square feet of heated living space that shall apply to any future residential unit retained on the premises to be preserved or on a nonseverable exception area.

i. If a landowner accepts the above restriction and an existing residence is rendered uninhabitable by an event beyond the landowner's control, the residence can be rebuilt within the square footage existing as of the date of preservation, or 2,500 square feet of heated living space, whichever is larger.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.10 Maximum development easement value

In no instance shall the development easement value calculated pursuant to this subchapter exceed 80 percent of the property's certified market value unrestricted as determined by the Committee unless the landowner agrees to one or both of the additional deed restrictions set forth at N.J.A.C. 2:76-26.9.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.11 Development easement value decrease for residential buildings

(a) The development easement value determined in accordance with this subchapter shall be reduced by four times the certified per-acre value for each residential building opportunity the landowner retains after the property is preserved unless the following exceptions apply:

There will be no reduction in value for any existing residential buildings existing on the property as of the date of the farmland preservation closing.
If the property contains fewer than two existing residential buildings at the time of the farmland preservation closing, the landowner is eligible to reserve up to two residential building opportunities, through any combination of future or existing buildings, without a reduction in development easement value.

(b) If the landowner takes an exception area for residential use, but does not limit the number of residential building opportunities in the exception area, the easement value reduction set forth at (a) above shall be determined based on the number of residential building opportunities that would be permitted based on the size of the exception area within the zoning district of the municipality in which the property is located.

(c) The easement value reduction set forth at (a) above shall apply to any residential dwelling site opportunity retained on the premises in accordance with N.J.A.C. 2:76-6.17.

(d) Nothing in this section shall prohibit the landowner from seeking eligibility for agricultural labor housing in accordance with paragraph 14.i. of the development easement deed restrictions set forth at N.J.A.C. 2:76-6.15(a).

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.12 Committee cost share

(a) In the event the property is preserved pursuant to the county planning incentive grant program at N.J.A.C. 2:76-17 or the municipal planning incentive grant program at N.J.A.C. 2:76-17A, the percent Committee cost share shall be based upon the following development easement values when they are determined pursuant to the Statewide formula valuation methodology set forth in this subchapter:

| Certified Per Acre Value Offer | Percent Committee Cost Share | | --- | --- | | Up to $50,000 per acre | 80 percent | | From > $50,000 to $75,000 per acre | 75 percent | | From > $75,000 to $85,000 per acre | 70 percent | | From > $85,000 to $95,000 per acre | 65 percent | | From > $95,000 to $105,000 per acre | 60 percent | | From > $105,000 to $115,000 per acre | 55 percent | | From > $115,000 per acre | 50 percent |

(b) In the event the property is preserved pursuant to the nonprofit acquisition program at N.J.A.C. 2:76-13, 14, 15, and 16, the percent Committee cost share shall be 50 percent of development easement values determined pursuant to the Statewide formula valuation methodology set forth in this subchapter.

(c) The Committee cost-share percentages set forth at (a) and (b) above are subject to the availability of funds and may be amended through duly adopted statutory or regulatory amendments in the future.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

N.J. Admin. Code § 2:76-26.13 Committee acquisition of fee simple title

In the event that the landowner has received a valid, good faith offer to purchase or acquire another substantial interest in the property for a non-agricultural use, and the landowner applies for the sale of fee simple title pursuant to P.L. 1988, c. 4, N.J.S.A. 4:1C-31.1, 31.2, 38, and 39, and all other relevant provisions of the Agriculture Retention and Development Act, the Garden State Preservation Trust Act, P.L. 1999, c. 152, and the Preserve New Jersey Act, P.L. 1999, c. 152, the provisions at N.J.A.C. 2:76-26.4(b)2 shall apply.

History

Adopted by 57 N.J.R. 724(a), effective 3/5/2025

Chapter 77 TRANSFER OF DEVELOPMENT RIGHTS

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 2:77-1.1 Scope

Unless otherwise provided by rule or statute, this chapter shall constitute the rules of the Board of Directors of the State Transfer of Development Rights Bank governing the procedures and standards for carrying out the duties and responsibilities of the Board pursuant to the Burlington County Transfer of Development Rights Demonstration Act, N.J.S.A. 40:55D-113 et seq., the State Transfer of Development Rights Bank Act, N.J.S.A. 4:1C-49 et seq., and the State Transfer of Development Rights Act, N.J.S.A. 40:55D-137 et seq.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Inserted "the Burlington County Transfer of Development Rights Demonstration Act, N.J.S.A. 40:55D-113 et seq.,".

N.J. Admin. Code § 2:77-1.2 Purpose

(a) The purpose of this chapter is to:

Facilitate the effective operation of the Board, and its participation in the acquisition and transfer of development potential;
Establish a registry of development potential credits and transfers, and procedures for its operation;
Establish standards and procedures for the Board's purchase of development potential;
Establish standards and procedures for the Board's approval of loan guarantees secured with development potential as collateral;
Establish standards and procedures by which the Board can convey development potential; and
Establish standards and procedures for the application, approval and issuance of planning assistance grants to a municipality by the Board.

N.J. Admin. Code § 2:77-1.3 Applicability

The rules contained in this chapter shall apply to all sales, transfers, conveyances, encumbrances, and redemptions of development potential credits, any loan guarantees provided by the Board, which are secured with development potential as collateral, and the issuance of planning assistance grants, as authorized under N.J.S.A. 40:55D-113 et seq., 4:1C-49 et seq., and 40:55D-137 et seq.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Inserted a comma following "encumbrances", substituted a comma for "and" following the first occurrence of "et seq.", and inserted ", and N.J.S.A. 40:55D-137 et seq."

N.J. Admin. Code § 2:77-1.4 Construction

These rules shall be liberally construed to permit the bank to effectuate the purposes of the law.

N.J. Admin. Code § 2:77-1.5 Severability

In any section, part, phrase, or provision of this chapter or the application thereof to any person be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the section, part, phrase, provision, or application directly involved in the controversy in which such judgment shall have been rendered and it shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Substituted "this chapter" for "these rules" twice and "judgment" for "judgement" twice.

Subchapter 2 INTERPRETATIONS AND DEFINITIONS

N.J. Admin. Code § 2:77-2.1 Word usage

(a) In the interpretation of this chapter, the provisions of this section shall be observed and applied, except when the context clearly requires otherwise:

Words used or defined in one tense or form shall include other tenses and derivative forms.
Words in the singular shall include plural and words in the plural shall include the singular.
The word "shall" indicates mandatory.
The word "may" indicates permissive.
In case of any difference of meaning or implication between the text of this chapter and any caption, the text shall control.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In the introductory paragraph of (a) and in (a)5, substituted "this chapter" for "these rules".

N.J. Admin. Code § 2:77-2.2 Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

"Act" means the State Transfer of Development Rights Bank Act, P.L. 1993, c. 339, N.J.S.A. 4:1C-49 et seq.

"Application" as relates to the purchase of development potential, the securing of a loan using development potential as collateral, or the provision of a planning incentive grant means a standard form adopted by the State Transfer of Development Rights Bank.

"Approved appraiser" means an independent State-certified, general real estate appraiser approved by the Board and re-approved by the Board annually.

"Board" means the Board of Directors of the State Transfer of Development Rights Bank established pursuant to P.L. 1993, c. 339, N.J.S.A. 4:1C-49 et seq.

"Committee" means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"Credit" or "TDR credit" is a measured amount of development potential that allows one or more units of development.

"Development potential" means the maximum number of dwelling units or square feet of nonresidential floor area that may be constructed on a specified lot or in a specified zone under the master plan and land use regulations in effect on the date of the adoption of the development transfer ordinance, and in accordance with recognized environmental constraints.

"Development transfer" means the conveyance of development potential, or the permission for development, from one or more lots to one or more other lots by deed, easement, or other means as authorized by ordinance adopted pursuant to N.J.S.A. 40:55D-113 et seq. or N.J.S.A. 40:55D-137 et seq.

"Instrument" means the easement, credit, or other deed restriction used to record a development transfer.

"Municipal or county development transfer bank" means a development transfer bank established pursuant to N.J.S.A. 40:55D-113 et seq. or 40:55D-158.

"Ordinance" means development transfer ordinance adopted by a municipality pursuant to N.J.S.A. 40:55D-113 et seq. or N.J.S.A. 40:55D-137 et seq. that allows for the transfer of development within its jurisdiction.

" 'Receiving area' or 'receiving zone' " means an area or areas designated in a master plan and zoning ordinance, adopted pursuant to N.J.S.A. 40:55D-1 et seq., within which development may be increased, and which is otherwise consistent with the provisions of N.J.S.A. 40:55D-118 or 40:55D-145.

" 'Sending area' or 'sending zone' " means an area or areas designated in a master plan and zoning ordinance, adopted pursuant to N.J.S.A. 40:55D-1 et seq., within which development may be restricted and which is otherwise consistent with the provisions of N.J.S.A. 40:55D-118 or 40:55D-144.

"State Transfer of Development Rights Bank" or "State TDR Bank" means the bank established pursuant to the State Transfer of Development Rights Bank Act, P.L. 1993, c. 339, N.J.S.A. 4:1C-49 et seq.

"TDR" means transfer of development rights.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In definition "Application", substituted a comma for "or" following the first occurrence of "potential", and inserted ", or the provision of a planning incentive grant"; in definition "Municipal or county development transfer bank", substituted "N.J.S.A. 40:55D-113 et seq. or 40:55D-158" for "N.J.S.A. 40:55D-159"; added definition "Approved appraiser"; substituted definition " ' "Receiving area" or "receiving zone" ' " for definition " 'Receiving area' or 'receiving zone' "; substituted definition " ' "Sending area" or "sending zone" ' " for definition " 'Sending area' or 'sending zone' "; and in definitions " ' "Receiving area" or "receiving zone" ' " and " ' "Sending area" or "sending zone" ' ", inserted "N.J.S.A. 40:55D-118 or".

Subchapter 3 STANDARDS FOR BOARD'S PURCHASE OF DEVELOPMENT POTENTIAL, ISSUANCE OF MATCHING FUNDS FOR PURCHASE OF DEVELOPMENT POTENTIAL, AND GUARANTEE OF LOANS

N.J. Admin. Code § 2:77-3.1 Board's review of ordinance and determination of viability

(a) Prior to purchasing development potential, providing matching funds for the purchase of development potential, or guaranteeing loans in a municipality that has adopted a development transfer ordinance, the Board shall determine whether the ordinance is viable.

(b) To be deemed a viable development transfer ordinance pursuant to this subchapter, the Board must find that:

The municipality has complied with N.J.S.A. 40:55D-113 et seq. or N.J.S.A. 40:55D-137 et seq. and any rules promulgated thereunder. Compliance shall be determined upon a showing that the municipality has:

i. Received approvals from the State Planning Commission required by N.J.S.A. 40:55D-137 et seq. and any rules promulgated thereunder, if applicable;

ii. Received certification by the Pinelands Commission pursuant to N.J.S.A. 40:55D-120 or 40:55D-142, if applicable;

iii. Received recommendation of adoption of ordinance by the respective county planning board pursuant to N.J.S.A. 40:55D-121 or 40:55D-149 or approval of Office of Planning Advocacy pursuant to N.J.S.A. 40:55D-121 or 40:55D-150 through 152 and provided a statement as to whether such approval has been appealed; and

iv. Submitted information to the respective county agriculture development board pursuant to N.J.S.A. 40:55D-120 or 40:55D-149;

The ordinance requires the instrument of transfer to include the following:

i. Restrictions that are consistent with the intended preservation purpose;

ii. A provision stating the restrictions are enforceable by the municipality and the county in which the property is located, any interested party, and the State agency responsible for enforcing the restrictions; and

iii. A provision stating the restrictions are enforceable by the Board if the landowner sells development potential to, or has loans guaranteed by, the Board;

The ordinance contains the following provisions:

i. Landowners selling development potential shall establish that they have clear, valid, record title, marketable and insurable at regular rates by a title company authorized to do business in New Jersey, at the time of enrollment of the land in the TDR program;

ii. No person shall purchase or otherwise acquire, encumber, or utilize any development potential without recording that fact, within 10 business days thereof, with the Board;

The ordinance is consistent with the State Highway Access Code, N.J.A.C. 16:47, including, but not limited to, Desirable Typical Sections (DTS), as set forth in Appendix B thereto;
The municipality has received approval of its initial petition for endorsement of its master plan, including the development transfer ordinance, or approval of the development transfer ordinance as an amendment to a previously approved petition for master plan endorsement, by the State Planning Commission, as required by N.J.S.A. 40:55D-140e, if applicable; and

The municipality has adopted a right-to-farm ordinance that is consistent with, or provides greater protections to commercial farm operators and owners than, the Right to Farm Act, N.J.S.A. 4:1C-1 et seq., as determined by the State Agriculture Development Committee, if the TDR program intends to preserve land for agriculture.

(c) The Board shall review restrictions imposed by the ordinance or contained in an instrument of transfer to determine if they are consistent with the intended purpose for which the property is being restricted prior to purchasing development potential or providing a loan guarantee.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In the introductory paragraph of (b)1, inserted "N.J.S.A. 40:55D-113 et seq. or", and deleted "or regulations" following "rules"; in (b)1i, inserted ", if applicable"; in (b)1ii and (b)1iv, inserted "N.J.S.A. 40:55D-120 or"; and in (b)1iii, inserted "N.J.S.A. 40:55D-121 or" twice, and substituted "Planning Advocacy" for "Smart Growth"; in (b)2iii; substituted a semicolon for a period at the end; in (b)3ii, deleted "and" from the end; and in (b)5, inserted ", if applicable".

N.J. Admin. Code § 2:77-3.2 Procedure for Board's review

(a) A municipality that adopts a development transfer ordinance shall provide the following information to the Board:

A copy of the adopted ordinance;
A copy of the report and plans required pursuant to N.J.S.A. 40:55D-117 or a copy of the current municipal Master Plan; including the TDR and utility service elements required pursuant to N.J.S.A. 40:55D-140 and 40:55D-28;
A map depicting sending and receiving areas affected by the ordinance;

A summary identifying the following for sending and receiving areas:

i. The block and lot numbers of each parcel in both areas;

ii. The acreage of each parcel in both areas;

iii. The amount of credits assigned to each parcel in both areas;

iv. The amount of buildings, if any, on each parcel in both areas; and

v. The zoning of each parcel in both areas;

A sample of the instrument to be recorded on land enrolled in the TDR program;
A real estate market analysis prepared pursuant to N.J.S.A. 40:55D-140 and any rules promulgated thereunder, if applicable;
A capital improvement program prepared pursuant to N.J.S.A. 40:55D-140 and 40:55D-29 and any rules promulgated thereunder or an infrastructure plan prepared pursuant to N.J.S.A. 40:55D-117 and any rules promulgated thereunder; and
Documentation showing compliance with N.J.A.C. 2:77-3.1(b)1.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (a)2, inserted "copy of the report and plans required pursuant to N.J.S.A. 40:55D-117 or a"; in (a)6, substituted ", if applicable" for a period at the end; and in (a)7, inserted "or an infrastructure plan prepared pursuant to N.J.S.A. 40:55D-117 and any rules promulgated thereunder".

N.J. Admin. Code § 2:77-3.3 Notification to municipality

If the Board finds that the ordinance is viable, it shall inform the municipality that development potential within its jurisdiction may be eligible to be transferred to the Board. If the Board finds that the ordinance is not viable, it shall inform the municipality of the deficiencies, which must be corrected before the Board shall accept applications for the purchase of development potential, and issuance of loan guarantees.

Subchapter 4 REGISTRY OF DEVELOPMENT POTENTIAL CREDITS

N.J. Admin. Code § 2:77-4.1 Registry

(a) The Board shall establish and maintain a registry of development potential credits containing the following:

The issuance of development potential credits;

The sale, transfer, conveyance, or encumbrance of development credits;

The use of development potential credits as security on loans and other obligations;
The redemption and retirement of development potential credits;

The name and address of every person to whom and from whom development potential is sold or otherwise conveyed, the date of the conveyance, and the consideration, if any, received therefore;

The name and address of any person who has utilized development potential, the location of the land to which and from which the development potential was transferred, and the date this transfer was made; and
An annual enumeration of the total number of development transfers, listing the municipality or municipalities involved in the transfer and the instrument of transfer.

(b) No person shall purchase or otherwise acquire, encumber, or utilize any development potential without recording that fact, within 10 business days thereof, with the Board.

N.J. Admin. Code § 2:77-4.2 Availability of registry and annual report

(a) The Board shall make available:

In the form of an annual report, the information included in the registry to the county and each municipality that has adopted a development transfer ordinance; and
Upon request, pertinent information to any other person.

(b) The Board will also provide the information contained in the registry to the Council on New Jersey Outdoors for inclusion in the Garden State Open Space Registry.

Subchapter 5 PURCHASE OF DEVELOPMENT POTENTIAL

N.J. Admin. Code § 2:77-5.1 Applicability

The Board may purchase development potential from the owner of record of the property from which the development potential is to be transferred or from any person, or entity, public or private, holding the interest in the development potential that is subject to development transfer.

N.J. Admin. Code § 2:77-5.2 Application process for the Board's purchase of development potential

(a) Any person or entity holding the interest in development potential that is subject to development transfer in a municipality that has adopted a development transfer ordinance that has been deemed viable by the Board pursuant to N.J.A.C. 2:77-3, may apply to sell the development potential to the Board.

(b) The person or entity holding the interest in development potential shall complete an application and submit it to the Board.

The applicant's name and mailing address;
The name of the person(s) who own(s) the development potential, if different from the applicant and a signed consent to the filing of the application;
The county, municipality, block, and lot of the property from which the development potential was transferred;
A certification from the municipality that the property is located in the municipality's adopted sending areas, specifying the number of development potential credits allocated to the property as identified in the municipality's adopted ordinance;
The number of development potential credits to be sold and the municipality's assigned serial numbers for the credits;
A copy of the recorded instrument of transfer;
A copy of the title search provided to the municipality at the time the property was encumbered by the instrument of transfer;
If available, a copy of the survey plat and legal metes and bounds description of the property encumbered by the instrument of transfer;
An offer price for the sale of the development potential; and
A determination if any municipal and/or county funds will be provided.

(d) The Board may require of a particular applicant information and/or documentation in addition to that specified in (c) above, if necessary in order to review and act on the application.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (a), updated the N.J.A.C. reference; in (c)3, inserted a comma following "block"; and in (c)10, substituted a period for "; and" at the end".

N.J. Admin. Code § 2:77-5.3 Standards governing the Board's decision to purchase

(a) The Board shall determine whether to authorize the purchase of all or a portion of the development potential proposed for sale in accordance with the following criteria:

The municipal ordinance is deemed to be viable pursuant to N.J.A.C. 2:77-3;
If a municipality has acquired development potential, verification that the instrument of transfer was valid and enforceable as evidenced in the title search conducted on the property;
The degree to which municipal and county funding will be provided;
Consideration of the offer price and the availability of adequate funding for the purchase; and
Whether the expenditure of funds substantially impairs the private sale, exchange, or other method of conveyance of the development potential.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (a)1, substituted "to N.J.A.C. 2:77-3" for "N.J.A.C. 2:77-3.1 through 3.3"; and in (a)5, inserted a comma following "exchange".

N.J. Admin. Code § 2:77-5.4 Notification to applicant

Upon the Board's decision to purchase or not purchase the development potential, the Board shall notify the applicant, in writing, setting forth the basis of its decision.

N.J. Admin. Code § 2:77-5.5 Valuation of development potential

(a) The Board may determine the fair market value of the development potential by either appraisal, municipal averaging based upon appraisal data, or by a formula supported by appraisal data.

(b) In the event that the Board determines to establish the fair market value of the development potential by appraisal, it shall select two independent professional appraisers from the list of appraisers adopted by the State Agriculture Development Committee pursuant to N.J.A.C. 2:76-6.7.

The appraisers shall utilize the standards as described in N.J.A.C. 2:77-8 for completing their appraisals.
Upon completion of the appraisals, the appraisers shall forward a copy of the appraisal report, in digital format, to the Board.
The Board shall appoint a review appraiser to evaluate the two appraisals and establish a recommended fair market value of the development potential of the property.

i. The review appraisal shall be done in accordance with the Appraisal Handbook Standards contained at N.J.A.C. 2:77-8.

The Board shall have final authority for certifying the fair market value of the development potential.
The Board's certified fair market value of the development potential shall not be greater than the highest independent appraised value of the development potential.
The Board may find an appraisal invalid if it does not comply with the Appraisal Handbook Standards at N.J.A.C. 2:77-8.

i. If an appraisal is found to be invalid, the Board shall reject the application for which the appraisal was conducted.

ii. If the appraisals are found to be valid, the Board shall certify the fair market value of the development potential.

(c) In the event that the Board determines to establish the fair market value of the development potential of the property by municipal averaging or formula, the Board shall utilize the standards as described in N.J.A.C. 2:77-8.

(d) In the event that a county or municipality has applied to sell development potential to the Board and has conducted a valuation study pursuant to N.J.A.C. 2:77-8 to determine the development potential value, the Board shall review the study to determine if appropriate standards were utilized in establishing the development potential values.

If the Board finds that the valuation study was conducted pursuant to N.J.A.C. 2:77-8 and results in justified development potential values, the Board may utilize the study to certify the fair market value of the development potential.

i. The Board may conduct an update to the development potential valuation to establish a certified fair market value if the period between the county's or municipality's acquisition of the development potential and the submission of the application to the Board exceeds one year or if market value fluctuations are evident.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (b)2, substituted "a" for "one original and one", and inserted ", in digital format,".

N.J. Admin. Code § 2:77-5.6 Final Board action

(a) Upon certification of the fair market value of the development potential, the Board shall either:

Approve the purchase of the development potential at a maximum purchase price; or
Disapprove the application and state the reasons for the denial.

(b) The Board may authorize staff to negotiate with the owner of the development potential for a purchase price less than the certified fair market value of the development potential.

N.J. Admin. Code § 2:77-5.7 Board's financial participation

(a) The Board may purchase development potential utilizing 100 percent Board funds, or the Board may provide matching funds for the purchase of 80 percent of the value of development potential from the owner of record of the property from which the development potential has been transferred.

In the case of providing matching funds for the purchase of 80 percent of the value of development potential, the remaining 20 percent of that value is contributed by the affected municipality or county, or both, after public notice thereof in the New Jersey Register and in one newspaper of general circulation in the area affected by the purchase.
The remaining 20 percent of the value of the development potential to be contributed by the affected municipality or county, or both, to match funds provided by the Board, may be obtained by purchase from, or donation by, the owner of record of the property from which the development potential is transferred or from any person, or entity, public or private, holding the interest in development potential that is subject to development transfer.

N.J. Admin. Code § 2:77-5.8 Owner decision

Within 30 days of the Board's offer to purchase the development potential, the owner of the development potential shall accept or reject the offer in writing. Any offer not accepted within that time shall be deemed rejected.

N.J. Admin. Code § 2:77-5.9 Terms, contingencies and conditions of purchase

(a) Upon the owner's acceptance of an offer, the Board shall complete any and all administrative procedures necessary to consummate the purchase of development potential including, but not limited to, the following:

Authorization of an insured title search and a survey to be conducted on lands from which the Board determines to purchase development potential; and
Execution of an instrument of transfer that shall be recorded with the deed of the land in the same manner as a deed, and which shall comply with the requirements set forth in N.J.A.C. 2:77-3.1(b)2.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (a)2, updated the N.J.A.C. reference.

Subchapter 7 PLANNING ASSISTANCE GRANTS

N.J. Admin. Code § 2:77-7.1 General provisions

(a) The Board may provide planning assistance grants to municipalities for up to 50 percent of the cost of preparing, for development potential transfer purposes, a utility service plan element or a development transfer plan element of a master plan pursuant to N.J.S.A. 40:55D-28, a real estate market analysis required pursuant to N.J.S.A. 40:55D-148, and a capital improvement program pursuant to N.J.S.A. 40:55D-29 and incurred by a municipality, or $ 40,000, whichever is less.

(b) The Board may provide municipalities establishing development transfer programs pursuant to N.J.S.A. 40:55D-113 et seq. with planning assistance grants for up to 50 percent of the cost of preparing, for development potential transfer purposes, the report and plans required under N.J.S.A. 40:55D-117 and incurred by a municipality, or $ 40,000, whichever is less.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Rewrote the section.

N.J. Admin. Code § 2:77-7.2 Allowable costs

(a) A municipality may use the following for its share of the matching costs associated with the activities set forth in N.J.A.C. 2:77-7.1:

Its own funds;
In-kind services;
Grants from other sources; and
Funding from municipal development transfer banks.

(b) Allowable costs include legal, planning, and other ancillary costs that the municipality incurs to prepare a transfer of development rights ordinance and associated elements pursuant to N.J.A.C. 2:77-3.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (b), inserted a comma following "planning".

N.J. Admin. Code § 2:77-7.3 Eligibility

(a) In order for a municipality to be eligible to apply for a planning assistance grant, it shall meet the following requirements:

A municipality shall adopt a Master Plan pursuant to N.J.S.A. 40:55D-28 and update it according to recommendations from the periodic reexamination report pursuant to N.J.S.A. 40:55D-89;
The Master Plan shall include the plan element appropriately corresponding to the type of Transfer of Development Rights (TDR) program being proposed:

i. Historic Preservation Plan pursuant to N.J.S.A. 40:55D-28b(10);

ii. Farmland Preservation Plan pursuant to N.J.S.A. 40:55D-28b(13) and N.J.A.C. 2:76-17A.4;

iii. Natural Resource Inventory and Conservation Plan pursuant to N.J.S.A. 40:55D-28b(8);

iv. Recreation Plan pursuant to N.J.S.A. 40:55D-28b(7); or

v. Other plan element as appropriate;

If a municipality does not have a plan element described in (a)2 above in place at time of application, it shall provide documentation that funding is available for this purpose.

i. The element shall be completed, consistent with the TDR concept plan required in N.J.A.C. 2:77-7.4(a)8, within one year of entering into a grant agreement with the Board.

ii. No grant money shall be disbursed until the municipality has adopted the plan element described in (a)2 above;

The municipal governing body shall adopt a resolution supporting the pursuit of a TDR program and authorizing submission of a planning assistance grant application to the Board and execution of a project agreement if the grant is awarded;
If the TDR plan involves agricultural land, the municipality shall notify the county agriculture development board of the county in which the municipality is located, in writing, that it is pursuing a TDR program, prior to receipt of the first planning assistance grant installment payment; and
The municipality shall notify in writing the county planning board of the county in which the municipality is located that it is pursuing a TDR program, prior to receipt of the first planning assistance grant installment payment.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (a)2ii, updated the N.J.A.C. reference.

N.J. Admin. Code § 2:77-7.4 Application requirements

(a) A municipality applying to the Board for a planning assistance grant shall submit an application, in digital format, containing all of the following:

Documentation showing that the municipality has satisfied the requirements set forth in N.J.A.C. 2:77-7.3;
Any comments received by the municipality regarding its application for a planning assistance grant as a result of the notification letters required in N.J.A.C. 2:77-7.3;
A scope of work including:

i. A description of the work products under (a)3i(1) through (4) below that the grant will be used for or the report and plans required under N.J.S.A. 40:55D-117:

(1) A utility service plan element;

(2) A development transfer plan element of a master plan;

(3) A real estate market analysis; and

(4) A capital improvement program;

ii. The timeframes and target completion dates for completing the work products described in (a)3i above; and

iii. A summary of work already completed toward the creation of a TDR ordinance that will be required for its initial petition for master plan endorsement or for an amendment to a previously approved petition for master plan endorsement by the State Planning Commission pursuant to N.J.S.A. 52:18A-196 et seq., if applicable;

An estimate of the costs of preparing the work products set forth in (a)3 above;
A staffing plan indicating what staff resources and/or consultants are to be used in completing the work products funded by the grant;
A description of local commitment to preservation and planning;
A funding plan for the potential purchase of development rights, if applicable;
A TDR concept plan that describes the proposed sending and receiving zones, areas surrounding said zones, including descriptive maps; and
A statement explaining whether the municipal master plan is consistent with the State Development and Redevelopment Plan adopted pursuant to N.J.S.A. 52:18A-196 et seq.

(b) If the TDR proposal involves more than one municipality (inter-municipal), the following shall be submitted as one package:

A completed application form for each participating municipality;

A cooperative TDR concept plan and scope of work;

A signed cooperative agreement to pursue the inter-municipal TDR program; and
The resolutions and notification letters required in N.J.A.C. 2:77-7.3, which shall address the proposed cooperative project.

(c) The Board shall send a copy of the application and accompanying documents to the Office of Planning Advocacy for a 45-day review and comment period.

The Board shall consider the comments in the evaluation of the planning assistance grant application.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In the introductory paragraph of (a), substituted ", in digital format," for "(an original and one copy)"; in (a)2, substituted a semicolon for a period at the end; rewrote (a)3i; in (a)3iii, inserted ", if applicable"; and in the introductory paragraph of (c), substituted "Planning Advocacy" for "Smart Growth".

N.J. Admin. Code § 2:77-7.5 Criteria for evaluating planning assistance grant applications

(a) The Board shall evaluate the applications based on the following criteria:

TDR Concept Plan criterion (weight 50):

i. The sending zone shall be evaluated based on the following (25 points):

(1) Quality of resource to be preserved;

(2) Degree to which transfer of development rights program will achieve preservation of resource to be protected; and

(3) Suitability of planning area designation; and

ii. The receiving zone shall be evaluated based on the following (25 points):

(1) Proposed percent increase in development density;

(2) Availability and capacity of required infrastructure, including, but not limited to sewer, water, and transportation facilities; and

(3) Suitability of planning area designation;

Development pressure on the municipality (weight 15);
Inter-municipal (regional) TDR programs (weight 10); and
Regional and/or State significance of resource to be protected (weight 25).

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (a)1ii(2), inserted a comma following "water", and in (a)1ii(3), substituted a semicolon for a period at the end.

N.J. Admin. Code § 2:77-7.6 Approval or denial of application and grant agreement

(a) Upon receipt of an application containing all the information required pursuant to N.J.A.C. 2:77-7.3 and 7.4, the Board shall approve or deny the application based on the requirements set forth in N.J.A.C. 2:77-7.3 and upon a ranking determined pursuant to N.J.A.C. 2:77-7.5 if there is insufficient funding for all applications.

(b) The Board shall notify the municipality in writing of the decision to approve or deny the application, and in the case of an approval, shall notify the municipality of the amount of the funding award.

(c) After the notification of the funding award under (b) above, the Board shall send the municipality a grant agreement to be approved and executed by the municipal governing body. The grant agreement shall contain at a minimum:

The responsibilities of the parties named in the agreement;
The awarded grant amount;
A schedule of grant disbursement;
Accounting and recordkeeping requirements; and

The status of the adoption of the plan element described in N.J.A.C. 2:77-7.3(a)2.

N.J. Admin. Code § 2:77-7.7 Award of funding, disbursements, accounting, and recordkeeping requirements

(a) The Board shall base its award on the "Estimate of Costs" submitted pursuant to N.J.A.C. 2:77-7.4.

(b) In the case of an inter-municipal TDR planning assistance grant request, the Board shall award grants to participating municipalities as follows:

Up to 50 percent or $ 40,000, whichever is less, for each municipality containing a receiving area(s) that accepts greater or equal to 50 percent of the total credits from the sending area(s); and

Up to 50 percent or $ 20,000, whichever is less, for each participating municipality without a receiving area(s) or with a receiving area that accepts less than 50 percent of the credits from the sending area(s).

Fifty percent of the awarded amount shall be disbursed after the grant agreement is executed; however, if the municipality has not yet adopted the master plan element required in N.J.A.C. 2:77-7.3(a)2, no grant money shall be disbursed until the plan element has been adopted; and

Fifty percent of the awarded amount shall be disbursed upon submission of the TDR ordinance and associated elements to the Burlington County Planning Board pursuant to N.J.S.A. 40:55D-121 or the State Planning Commission as a part of a municipality's initial petition for plan endorsement by the State Planning Commission pursuant to N.J.S.A. 52:18A-196 et seq. or as an amendment to a previously approved petition pursuant to N.J.S.A. 52:18A-196 et seq.

i. The municipality shall notify and submit a request for payment to the Board when the above requirement has been met;

ii. The municipality shall submit a letter of receipt from the Burlington County Planning Board or the State Planning Commission;

iii. The municipality shall submit an itemized statement of the legal, planning, and other ancillary costs pursuant to N.J.A.C. 2:77-7.2 incurred to develop the TDR ordinance and associated elements, certified by the municipal treasurer or chief financial officer; and

iv. The municipality shall submit documentation that it has sufficient funding to provide its 50 percent match of the total planning assistance grants pursuant to N.J.A.C. 2:77-7.2(a).

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Section was "Award of funding, disbursements, accounting and recordkeeping requirements". In the introductory paragraph of (c)2, inserted "Burlington County Planning Board pursuant to N.J.S.A. 40:55D-121 or the"; in (c)2i, substituted a semicolon for a period at the end; in (c)2ii, inserted "Burlington County Planning Board or the"; and in (c)2iii, inserted a comma following "planning".

Subchapter 8 REPORTING REQUIREMENT FOR PUBLIC WORKS

N.J. Admin. Code § 2:77-8.1 Applicability

This subchapter provides the standards established by the Board for independent professional appraisers or the Board to follow when conducting appraisals of land for the purpose of acquiring, or providing a loan guarantee for, development potential pursuant to the Burlington County Transfer of Development Rights Demonstration Act, N.J.S.A N.J.S.A. 40:55D-113 et seq., the State Transfer of Development Rights Bank Act, N.J.S.A. 4:1C-49 et seq., and the State Transfer of Development Rights Act, N.J.S.A. 40:55D-137 et seq.

History

Amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Rewrote the section.

N.J. Admin. Code § 2:77-8.2 Board-approved appraisers

(a) The Board shall adopt the list of appraisers approved by the State Agriculture Development Committee pursuant to N.J.A.C. 2:76-6.7(a)1 annually.

(b) The Board may remove an appraiser from the adopted list if an appraisal is not conducted in conformance with this subchapter.

History

Recodified from N.J.A.C. 2:77-8.3 and amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Section was "Board approved appraisers". Former N.J.A.C. 2:77-8.2, Definitions, repealed.

N.J. Admin. Code § 2:77-8.3 Development potential valuation

(a) There are several methods of valuation available to appraisers to establish a value of development potential credits. Credits in the sending area may have a different value from credits in the receiving area. The methods in (a)1 through 8 below shall be considered by appraisers to determine the valuation of credits. Guidance concerning these methods may be found in the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation, http://www.appraisalfoundation.org/ and in the Board's "Appraisal Guidelines for Determining Development Potential," http://www.nj.gov/agriculture/sadc/tdr/tdrbank/about/AppraisalGuidelines.pdf.

The Direct Comparison of sales of development potential credits method applies to both receiving and sending area properties;
The before and after valuation method takes into consideration a sending area property's fee unencumbered value and its restricted value. Both unencumbered and restricted sales shall be considered;

Another sending area valuation method is to look at those properties of reasonably similar characteristics from which a development easement has been sold through the Farmland Preservation Program pursuant to N.J.A.C. 2:76;

The Subdivision Development Analysis via a Discounted Cash Flow Analysis is a method of value determination applicable first to the base property without the credits added, and then with them. The difference in the value indications is the value of the credits;
The Linear Regression Method and Allocation Methods can be utilized where the total new land costs proportion can be estimated to the finished products' sale price;
The Subdivision Method;
The Income Capitalization Method; and
The Cost Method.

(b) The Board, in addition to the methods of valuation described in (a) above, may utilize the following methods for establishing development potential valuations.

Municipal averaging, which includes, but is not limited to, the following:

i. Utilizing a simple weighted or unweighted average of market sales in the sending area;

ii. Utilizing the market value of the development potential of all sending area properties divided by the total number of credits allocated in the sending area;

iii. Utilizing the average values of development easements determined pursuant to the farmland preservation program; or

iv. Utilizing other similar methods that produce justified value conclusions.

Formula valuations, which include, but are not limited to, the following:

i. Considering the relationship between the development potential value to total fee unencumbered value of the property in the sending area;

ii. Utilizing the average ratio of all county development easement purchases to property fee values for a period of "x" years; and

iii. Utilizing other similar methods that produce justified value conclusions.

History

Recodified from N.J.A.C. 2:77-8.4 and amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Rewrote the introductory paragraph of (a). Former N.J.A.C. 2:77-8.3, Board approved appraisers, recodified to N.J.A.C. 2:77-8.2.

N.J. Admin. Code § 2:77-8.4 Appraisal report format

(a) The appraisal reports prepared by the approved appraiser shall follow the following format. All values in the report shall be expressed in dollars per acre and dollars per TDR credit where appropriate. The final value shall be expressed in both dollars per acre, dollars per TDR credit, and total dollars. Each report will be examined and the Board shall return any report that is not valued or formatted consistent with this subchapter and shall request that any such report be modified consistent with this subchapter. Any factual or mathematical errors, which could result in a value change, may be referred to the appraisers for correction and/or clarification:

A summary;
General information;
Property valuation before development credit acquisition (market value unrestricted), where applicable;
Property valuation after development easement acquisition (market value restricted), if applicable;
A final estimate of development potential credits value; and
An addendum.

(b) The requirements for each section of the appraisal reports are described in N.J.A.C. 2:77-8.5 through 8.10.

History

Recodified from N.J.A.C. 2:77-8.5 and amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Rewrote the section. Former N.J.A.C. 2:77-8.4, Development potential valuation, recodified to N.J.A.C. 2:77-8.3.

N.J. Admin. Code § 2:77-8.5 Summary

(a) The summary section of the appraisal report shall contain the following:

A letter of transmittal that shall contain the estimated value per TDR and the total value;
A certification of appraisal, which shall include the market value per TDR credit and total value, and market value restricted per acre and total value, date of valuation, a statement that the appraisal conforms to Uniform Standards of Professional Appraisal Practice (USPAP) and to the Standards for Appraisals set forth in N.J.A.C. 13:40A-5.1, 6.1, and 7.6 and the signature of the approved appraiser responsible for the report;
A summary of salient facts, which shall include the unrestricted value per TDR and total value and the restricted value per acre and total restricted value, and the easement value both per acre and total. The format shall conform with the sample located at N.J.A.C. 2:77-8 Appendix A, incorporated herein by reference; and
A table of contents that shall include the topic listings contained in the appraisal report with corresponding page numbers. The format shall conform with the sample located at N.J.A.C. 2:77-8 Appendix B, incorporated herein by reference.

History

Recodified from N.J.A.C. 2:77-8.6 and amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (a)2, inserted "set forth" and "and 7.6", and substituted a comma for "and" following "N.J.S.A. 13:40A-5.1"; in (a)3 and (a)4, substituted "located at N.J.A.C. 2:77-8" for a comma following "sample"; In (a)3, deleted "of this subchapter" following "Appendix A"; and in (a)4, deleted "of this subchapter" following "Appendix B". Former N.J.A.C. 2:77-8.5, Appraisal report format, recodified to N.J.A.C. 2:77-8.4.

N.J. Admin. Code § 2:77-8.6 General information

(a) The general information section of the appraisal report shall contain the following:

The purpose of the appraisal is to estimate the market value of a TDR credit;
A statement of the rights being valued:

i. Market value unrestricted;

ii. Market value restricted; and

iii. Development credit value;

A section defining the legal and technical terms of the report;
Any assumptions and limiting conditions;
A section identifying the subject property by municipal tax map block and lot or other means. The subject property and its current use shall be briefly described;
Any title changes in the last five years, easements, agreements of sale, or options;
A report on present market conditions and estimated marketing time;
Zoning and assessment information; and

Information detailing community and neighborhood data. This shall include, but not be limited to, the character of the community, land use trends, the degree of development pressure in the area, and any other information that may significantly impact the fee simple market value.

History

Recodified from N.J.A.C. 2:77-8.7 and amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (a)6, inserted a comma following "sale". Former N.J.A.C. 2:77-8.6, Summary, recodified to N.J.A.C. 2:77-8.5.

N.J. Admin. Code § 2:77-8.7 Property valuation before development and transfer acquisition (a/k/a market value unrestricted), where applicable

(a) The property valuation before development easement acquisition (market value unrestricted) section of the appraisal report shall contain a description of the subject property including all physical attributes and improvements which shall include, but not be limited to:

A discussion of the topography, soil characteristics, hydrologically limited areas, State owned or privately held riparian lands, frontage, configuration, dwellings, outbuildings, and other appropriate characteristics;
Any rejected, approved, or pending subdivision plans; and
Any existing residences.

(b) This section of the report shall include a detailed discussion of the subject property's highest and best use based upon its characteristics as set forth in this section.

(c) The development potential sold or purchased by the Board involves an interest in property only. As a result, it is only the value of an interest in property that needs to be derived. The appraiser must consider if there is an increment of value attributed to the property as a result of transfer of development credits.

When considering the direct sales comparison method of valuation, the appraiser shall compare vacant acreage sales to the subject property. At a minimum, this section of the report shall address the following for each vacant acreage sale compared:

i. The grantor and grantee;

ii. The deed date and recording date;

iii. The deed book and page;

iv. The sale price;

v. The property size or number of credits;

vi. The location, block, and lot, if applicable;

vii. The soil types and percent tillable, if applicable;

viii. The frontage and access, if applicable;

ix. The conditions of sale, if applicable;

x. Improvements, if applicable;

xi. Utilities, if applicable;

xii. Easements;

xiii. Verification, if applicable; and

xiv. A legible copy of the tax map, if applicable.

The appraiser shall adjust the comparable sales to include salient characteristics in the market that may include, but not be limited to, the following: soil characteristics, zoning, topography, hydrologically limited areas, riparian lands (State owned or privately held), date of sale, and financing.

i. The appraiser shall provide a land sale comparative rating grid in conformance with the sample located at N.J.A.C. 2:77-8 Appendix C, incorporated herein by reference.

ii. The value conclusion must be expressed as a TDR figure and a total figure for the property.

In addition, the appraiser may consider the methods of valuation as described in N.J.A.C. 2:77-8.4(a).
The appraiser shall provide a value conclusion that identifies the final market value unrestricted for the subject property and discuss how the conclusion was determined.

History

Recodified from N.J.A.C. 2:77-8.8 and amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (c)1vi, inserted a comma following "block"; in the introductory paragraph of (c)2, substituted "that" for "which"; and in (c)2i, substituted "located at N.J.A.C. 2:77-8" for a comma following "sample", and deleted "of this subchapter" following "Appendix C". Former N.J.A.C. 2:77-8.7, General information, recodified to N.J.A.C. 2:77-8.6.

N.J. Admin. Code § 2:77-8.8 Property valuation after development acquisition (a/k/a market value restricted), where applicable

(a) The property valuation after development easement acquisition (market value restricted) section of the appraisal report shall contain the following:

A description of the property in conformance with N.J.A.C. 2:77-8.6(a)1. In addition, a discussion of the restrictions/enhancements and their effect on the subject property, the subject's adaptability for agricultural use (or other uses), soils and their productivity, and other items that are significant to the valuation of the subject property shall be included;
A detailed description of the subject property's highest and best use. The highest and best use analysis shall consider the following:

i. The legality of possible use;

ii. The physical possibility of use;

iii. The probability or likelihood of use;

iv. The economic feasibility of use; and

v. Of those uses meeting the criteria in (a)2i through iv above, the use yielding the highest return;

A determination of the subject property's market value restricted. As in the unrestricted situation, the decremental or incremental value to the land is sought as a result of the deduction or addition of TDRs to the property appraised.

i. The appraiser shall consider the direct sales comparison method of valuation that shall be based on a comparison of the relevant vacant acreage sales to the subject property as unencumbered by deed restrictions. The appraiser shall consider the following types of land sales:

(1) Deed restricted properties;

(2) Physically limited properties;

(3) Flood plain; and

(4) Low development pressure;

The appraiser shall consider the direct sales comparison method of valuation that shall be based on a comparison of the relevant vacant acreage sales to the subject property. At a minimum, this section of the report shall address the following for each vacant acreage sale compared:

i. The grantor and grantee;

ii. The deed date and recording date;

iii. The deed book and page;

iv. The sale price;

v. The property size or number of TDRs;

vi. The location, block, and lot (including approximate distance to the subject), if applicable;

vii. The soil types and percent tillable, if applicable;

viii. The frontage and access, if applicable;

ix. The conditions of sale, if applicable;

x. Color photograph(s), if applicable;

xi. Improvements, if applicable;

xii. Utilities, if applicable;

xiii. Verification, if applicable; and

xiv. A legible copy of the tax map, if applicable;

The appraiser shall adjust the comparable sales to include salient characteristics in the market which may include, but not be limited, to the soil characteristics, zoning, topography, hydrologically limited areas, riparian lands (State owned or privately held), date of sale, and financing.

i. The appraiser shall provide a land sale comparative rating grid in conformance with the sample located at N.J.A.C. 2:77-8 Appendix C.

ii. The final estimate of value shall be expressed as dollars per acre, dollars per TDR credit and total dollars for the property.

iii. In addition, the appraiser may consider the methods of valuation as described in N.J.A.C. 2:77-8.3(a).

History

Recodified from N.J.A.C. 2:77-8.9 and amended by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
In (a)1 and (a)5iii, updated the N.J.A.C. reference; in (a)1, substituted "that" for "which"; in (a)4vi, inserted a comma following "block"; in (a)5, inserted a comma following "sale"; in (a)5i, substituted "located at N.J.A.C. 2:77-8" for a comma following "sample", and deleted "of this subchapter, incorporated herein by reference" following "Appendix C". Former N.J.A.C. 2:77-8.8, Property valuation before development and transfer acquisition (a/k/a market value unrestricted), where applicable, recodified to N.J.A.C. 2:77-8.7.

N.J. Admin. Code § 2:77-8.9 Final estimate

(a) The final estimate of development credit value section of the appraisal report shall contain the following:

The estimated development credit value that is arrived at by the difference between the market value and the market value restricted of the land, representing the value of the development credit and reported as a per acre basis and total value of the property:
A discussion of the rights represented by this value conclusion should be recapitulated, as well as changes in highest and best use of the unrestricted versus the restricted property; and
A summary of the major points of the report should be summarized leading the reader to the same conclusion as the appraiser.

History

Recodified from N.J.A.C. 2:77-8.10 by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Former N.J.A.C. 2:77-8.9, Property valuation after development acquisition (a/k/a market value restricted), where applicable, recodified to N.J.A.C. 2:77-8.8.

N.J. Admin. Code § 2:77-8.10 Addendum

(a) The addendum section of the report should include, but is not limited to, the following items:

A subject property and comparable sales location map;
A subject tax map, if applicable;

Soils/flood/topographic maps, if applicable;

A study of hydrologically limited areas, if applicable;
Subject property photos (color), if applicable;

Reference materials, studies, articles, or other data considered important by the appraiser;

A subdivision map, if applicable; and
The appraiser's qualifications.

History

Recodified from N.J.A.C. 2:77-8.11 by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Former N.J.A.C. 2:77-8.10, Final estimate, recodified to N.J.A.C. 2:77-8.9.

N.J. Admin. Code § 2:77-8.11 Reserved

History

Recodified to N.J.A.C. 2:77-8.10 by R.2013 d.139, effective 12/16/2013.
See: 45 N.J.R. 495(a), 45 N.J.R. 2541(a).
Section was "Addendum".

Chapter 78 NEW JERSEY ORGANIC CERTIFICATION PROGRAM

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 2:78-1.1 Purpose, scope and authority

(a) This chapter is promulgated pursuant to N.J.S.A. 4:10-79, which authorizes the New Jersey Department of Agriculture (NJDA) to adopt rules for the proper administration of a New Jersey Organic Certification Program including, but not limited to, promulgating certification procedures for "NJDA Certified Organic" and "Transitional Sustainable" products, designing an appropriate label for such products, and charging fees to cover reasonable costs associated with implementation of this program.

(b) These rules will become effective and the certification marks identified in N.J.A.C. 2:78-4.1 and 4.2 will become available for use only after the Department becomes accredited by the USDA, as a certifying agent pursuant to the 7 CFR 205, Subpart F, as amended and supplemented.

N.J. Admin. Code § 2:78-1.2 Adoption of the National Organic program Standards

(a) The NJDA hereby adopts and incorporates by reference the following parts of the National Organic Program, 7 CFR 205, effective April 21, 2001, as amended and supplemented, as the official rules and procedures by which it shall act as a certifying agent for operations producing or handling organic crops, livestock, wild crops and processed food products:

Subpart A -- Definitions, all sections;

Subpart B -- Applicability, all sections;
Subpart C -- Organic Production and Handling Requirements, all sections;
Subpart D -- Labels, Labeling, and Market Information, all sections;

Subpart E -- Certification, all sections; and

Subpart G -- Administrative, the following sections only:

i. Sections 205.600 -- 205.607 (National List of Allowed and Prohibited Substances);

ii. Sections 205.660 -- 205.663 (Compliance);

iii. Sections 205.670 -- 205.672 (Inspecting and Testing, Reporting and Exclusions from Sale); and

iv. Sections 205.680 -- 205.681 (Adverse Action Appeal Process).

(b) A copy of the NOP may be obtained:

By contacting National Organic Program Administrator, USDA-AMS-TMP-NOP, Room 4008-South Building, 1400 Independence Avenue, SW, Washington, DC 20250-0020;
By contacting Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, NJ 08625; or
Online at: http://www.ams.usda.gov/nop/NOP/standards/FullRegTextOnly.html.

N.J. Admin. Code § 2:78-1.3 Definitions

(a) For purposes of this chapter, the following words, terms, and phrases shall have the following meanings unless the context clearly indicates otherwise:

"Dealer" means any person who sells or distributes certified organic agricultural products either at wholesale or at retail.

"Director" means the Director, Division of Marketing and Development, New Jersey Department of Agriculture or his or her designee.

"Facility" means any premises, including, but not limited to, any plant, establishment, facility and the appurtenances thereto, in whole or in part, where organic food is prepared, handled, or processed in any manner for resale or distribution to retail outlets, restaurants and any such other facility selling or distributing to the ultimate consumer.

"NJDA" means the New Jersey Department of Agriculture.

"NOP" means the National Organic Program, 7 CFR 205.1 et seq., as amended and supplemented.

"Organic certification number" means the identification number listed on the organic certification certificate issued to the organic producer or handler.

"Organic production areas" means the field, greenhouse, room, facility or other location where organic crops, wildcrops or livestock are produced.

"Secretary-NJDA" means the Secretary of the New Jersey Department of Agriculture or his designee.

"Transitional Sustainable" means any agricultural commodity (fruits, vegetables or grains) other than livestock that meets all of the NOP's requirements for 100 percent organic, except that the organic production areas have not been free of prohibited substances for 36 months. Use of prohibited substances in the organic production areas must have ceased for at least 12 months prior to the harvest of a "transitional" crop.

"USDA" means the United States Department of Agriculture.

(b) Whenever, in describing or referring to any person, party, matter or thing, any word importing the singular number is used, the same shall be understood to include and to apply to several persons or parties as well as to one person or party, and to bodies corporate as well as individuals, and to several matters and things as well as one matter or thing.

(c) The words, terms and phrases set forth in (a) above are to be used in addition to and in conjunction with the words, terms and phrases set forth in 7 CFR 205.2, as amended and supplemented.

(d) Words of art not defined in (a) above or in 7 CFR 205.2 shall have the meaning attributed to them by trade usage or general usage as reflected by its definition in a standard English dictionary, such as Merriam-Webster Unabridged Dictionary.

N.J. Admin. Code § 2:78-1.4 Confidentiality

The NJDA will hold confidential any information obtained while implementing the rules set forth in this chapter that constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 CFR Part 205.101 and 205.504, as amended and supplemented, or the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.

Subchapter 2 APPLICATION PROCEDURE, REGISTRATION AND FEE SCHEDULES

N.J. Admin. Code § 2:78-2.1 Application for certification

(a) Any producer seeking certification of their operations as certified organic or "Transitional Sustainable," shall comply with the following requirements:

Producers seeking certification by the NJDA must file an application package for certification of their operations as certified organic or "Transitional Sustainable," along with the necessary fees set forth in N.J.A.C. 2:78-2.2.

i. All applications must be made in writing, upon forms provided by the NJDA for this purpose. Producers can be certified for crops, livestock and/or wildcrafting. When requesting an application package from the NJDA, the producer must specify the category of organic certification sought (crops, wildcrops, livestock, processor).

ii. The application must identify the name, address, commodities for which the user is seeking certification, and other such information as is deemed necessary for the NJDA to determine whether the producer has complied with the NOP and this chapter.

iii. The NJDA will assign a filing deadline for the submission of the required annual update for all following years, which shall be the first day of the ninth month after certification was granted.

iv. Initial certification fees shall be based on the projected 12 months gross income from certified organic production areas, livestock or facilities and gross revenues received from services rendered in connection with certified organic products. Additional fees may apply as set forth in N.J.A.C. 2:78-2.2(e).

Producers receiving certification must file an annual update no later than the date assigned pursuant to (a)1iii above.

i. The annual update must be made in writing, upon a form provided by the NJDA for this purpose.

ii. The application must identify the name, address, organic certification number of the user, commodities for which the user is seeking an annual certification update and other such information as is deemed necessary for the NJDA to determine whether the producer has complied with the NOP and this chapter.

iii. Certification fees for annual updates shall be based on the previous 12 months gross income from certified organic production areas, livestock or facilities, and gross revenues received from services rendered in connection with certified organic products. Additional fees may apply as set forth in N.J.A.C. 2:78-2.2(e).

iv. Annual update applications postmarked after the due date set forth in (a)1 above may be assessed a late fee of $ 75.00.

All producers must submit with the application or annual certification update, the following certification, signed by a person authorized to act on behalf of the applicant that shall appear on the application or annual update:

All producers seeking initial certification and annual certification updates shall be subject to an inspection of their premises.

All producers must comply with the certification requirements set forth in Subpart E of the NOP (7 CFR 205.400 through 205.406), as amended and supplemented.

Applications for certification or annual updates may be rejected if:

i. The filed application package is substantially incomplete;

ii. The application demonstrates noncompliance with organic standards established by the NOP or this chapter;

iii. The producer seeks certification in a category of organic certification which NJDA is not accredited to certify;

iv. The application package was not accompanied by the appropriate certification fee as set forth in N.J.A.C. 2:78-2.2; or

v. The producer has otherwise failed to comply with the requirements of the NOP or this chapter.

(b) Any handler seeking certification from the NJDA, must comply with the following requirements:

Handlers seeking certification by the NJDA must file an application package for certification of their operations as certified organic or "Transitional Sustainable" along with the necessary fees set forth in N.J.A.C. 2:78-2.3.

i. All applications must be made in writing, upon forms provided by the NJDA for this purpose. When requesting an application package from the NJDA, the handler must specify the category of organic certification sought (crops, wildcrops, livestock or processor).

ii. The application must identify the name, address, the commodities and/or activity for which the user is seeking certification and other such information as is deemed necessary for the NJDA to determine whether the handler has complied with the NOP and this chapter.

iii. The NJDA will assign a filing deadline for the submission of the required annual update for all following years, which shall be the first day of the ninth month after certification was granted.

iv. Initial certification fees shall be based on projected 12 months gross sales of certified organic products and gross revenues received from services rendered in connection with certified organic products. Additional fees may apply as set forth in N.J.A.C. 2:78-2.3(f).

Handlers receiving certification must file an annual update no later than the date assigned pursuant to (a)1iii above.

i. The annual certification update must be made in writing, upon a form provided by the NJDA for this purpose.

ii. The application must identify the name, address, organic certification number of the user, commodities and/or activity for which the user is seeking an annual certification update, and other such information as is deemed necessary for the NJDA to determine whether the handler has complied with the NOP and this chapter.

iii. Certification fees for annual updates shall be based on the previous 12 months gross sales of certified organic products and gross revenues received from services rendered in connection with certified organic products. Additional fees may apply as set forth in N.J.A.C. 2:78-2.3(f).

iv. Annual update applications postmarked after the due date set forth in (a)1 above may be assessed a late fee of $ 75.00.

All handlers must submit with the application or annual update, the following certification, signed by a person authorized to act on behalf of the applicant that shall appear on the application or annual update:

All handlers seeking initial certification and annual certification updates shall be subject to an inspection of their premises.
All handlers must comply with the certification requirements set forth in this chapter and in Subpart E of the NOP (7 CFR 205.400 through 205.406), as amended and supplemented.

Applications for certification or annual updates may be rejected if:

i. The filed application package is substantially incomplete;

ii. The application demonstrates noncompliance with organic standards established by the NOP and this chapter;

iii. The handler seeks certification in a category of organic certification that NJDA is not accredited to certify;

iv. The application package was not accompanied by the appropriate certification fee as set forth in N.J.A.C. 2:78-2.3; or

v. The handler has otherwise failed to comply with the requirements of the NOP or this chapter.

(c) All applicants have a continuing obligation to inform the NJDA of any changes in information contained in a certification application or annual certification update application and to provide any additional information required by the NJDA. NJDA may require the applicant, certified producer or certified handler to provide additional documentation to verify all representations made to the NJDA.

(d) Incidents involving false swearing or false reporting in the documents required by these rules may be referred by the NJDA for prosecution. Penalties for false swearing are set forth in 7 CFR 205.100(c)(2).

(e) Certification applications or annual certification update applications filed pursuant to (a) or (b) above may be voluntarily withdrawn at any time. Notice of withdrawal must be given to NJDA in writing. Producers or handlers who voluntarily withdraw their applications will be liable for the costs of incurred by NJDA up to the time of withdrawal of its application.

N.J. Admin. Code § 2:78-2.2 Producer fee schedule

(a) The following fee schedule shall apply to producer applications for certification:

First time applicants

| Projected Gross Organic Income | | | --- | --- | | (from organic productsor services) | Certification Fee | | $ 0-$ 4,999 | $ 285 | | $ 5,000-$ 9,999 | $ 385 | | $ 10,000-$ 24,999 | $ 410 | | $ 25,000-$ 49,999 | $ 435 | | $ 50,000-$ 99,999 | $ 460 | | $ 100,000-$ 149,999 | $ 510 | | $ 150,000-$ 199,999 | $ 560 | | $ 200,000-$ 249,999 | $ 635 | | $ 250,000-$ 299,999 | $ 710 | | $ 300,000-$ 399,999 | $ 785 | | $ 400,000-$ 499,999 | $ 885 | | $ 500,000-$ 749,999 | $ 1,010 | | $ 750,000-$ 999,999 | $ 1,210 | | Over $ 999,999 | $ 1,210 + .25 percent (.0025) of | | gross organic sales over $ 999,999 | |

Annual Certification Update

| Actual Gross Organic Income | | | --- | --- | | (from organic productsor services) | Certification Fee | | $ 0-$ 4,999 | $ 235 | | $ 5,000-$ 9,999 | $ 335 | | $ 10,000-$ 24,999 | $ 360 | | $ 25,000-$ 49,999 | $ 385 | | $ 50,000-$ 99,999 | $ 410 | | $ 100,000-$ 149,999 | $ 460 | | $ 150,000-$ 199,999 | $ 510 | | $ 200,000-$ 249,999 | $ 585 | | $ 250,000-$ 299,999 | $ 660 | | $ 300,000-$ 399,999 | $ 735 | | $ 400,000-$ 499,999 | $ 835 | | $ 500,000-$ 749,999 | $ 960 | | $ 750,000-$ 999,999 | $ 1,160 | | Over $ 999,999 | $ 1,160 + .25 percent (.0025) of | | gross organic sales over $ 999,999 | |

(b) Fees for the first inspection (or first annual update) are included in the certification fees set forth in (a)1 and 2 above, except for re-inspection fees as set forth in (d)7 below.

(d) Additional fees may be assessed as follows:

Dairy operations: add $ 150.00 for all dairy operations with 10 or more animals producing salable organic product. Additional livestock fees apply for additional species as set forth in (d)2 below.
Livestock fees: $ 50.00 per species (excepting dairy).

Inspection cancellation fee: Producers will be assessed fees if a scheduled inspection is cancelled by the applicant less than 48 hours in advance, including a $ 50.00 cancellation fee plus mileage charges, tolls, and inspector driving time (at $ 25.00 per hour) if applicable. Driving time will be charged in increments of one quarter of an hour and rounded off to the nearest one-quarter of an hour.

On-farm processing fee: $ 25.00 plus 100 percent of actual additional inspection costs incurred not to exceed a rate of $ 50.00 per hour, plus mileage and tolls. This fee only applies to producers who want to be certified as handlers and who satisfy the requirements of N.J.A.C. 2:78-2.3(c). A separate fee schedule set forth in N.J.A.C. 2:78-2.3 applies to handlers.
A $ 25.00 fee will be charged for returned checks.
Additional site fees: $ 40.00 per each additional organic production area will be assessed if site is within 10 miles of the main operation. If additional sites are greater than 10 miles, $ 25.00 per hour driving time will be added to the additional site fee. Driving time will be charged in increments of one quarter of an hour and rounded off to the nearest one-quarter of an hour.
Re-inspection fees: Fees for the first inspection (or first annual update inspection) are covered in the fee schedule above. The producer shall pay 100 percent of actual inspection costs incurred resulting from follow-up inspections not to exceed a rate of $ 50.00 per hour plus mileage and tolls.
Official mileage will be charged at the prevailing New Jersey State rate per mile starting and ending where the inspector officially reports for duty.

N.J. Admin. Code § 2:78-2.3 Handler fee schedule

(a) The following fee schedule shall apply to handler applications for certification:

First Time Applicant

| Anticipated Gross Organic Income | | | --- | --- | | (from organic productsor services) | Certification Fee | | $ 0-$ 10,000 | $ 300 | | $ 10,001-$ 15,000 | $ 325 | | $ 15,001-$ 20,000 | $ 350 | | $ 20,001-$ 50,000 | $ 400 | | $ 50,001-$ 100,000 | $ 475 | | $ 100,001-$ 275,000 | $ 575 | | $ 275,001-$ 500,000 | $ 700 | | $ 500,001-$ 1,000,000 | $ 900 | | $ 1,000,001-$ 10,000,000 | 1/10 of 1 percent (.001) of gross | | organic income | | | Over $ 10,000,000 | $ 10,000 |

Annual certification update

| Actual Gross Organic Income | | | --- | --- | | (from organic productsor services) | Certification Fee | | $ 0-$ 10,000 | $ 200 | | $ 10,001-$ 15,000 | $ 225 | | $ 15,001-$ 20,000 | $ 250 | | $ 20,001-$ 50,000 | $ 200 | | $ 50,001-$ 100,000 | $ 375 | | $ 100,001-$ 275,000 | $ 475 | | $ 275,001-$ 500,000 | $ 600 | | $ 500,001-$ 1,000,000 | $ 800 | | $ 1,000,001-$ 10,000,000 | 1/10 of 1 percent (.001) of gross | | organic income minus $ 150.00 | | | Over $ 10,000,000 | $ 9,850 |

(b) In addition to the certification fees set forth in (a)1 and 2 above, each applicant shall be charged a fee equal to the actual inspection costs incurred, not to exceed a rate of $ 50.00 per hour. In addition, each applicant will be assessed re-inspection fees as set forth in (e)4 below.

(c) Applicants who choose to be certified as both an organic producer and a handler, and who have paid the application fee pursuant to N.J.A.C. 2:78-2.2(a)1 or 2, may apply to the NJDA at the time of the filing of the initial application or annual certification update, to be assessed an on-farm processing fee pursuant to N.J.A.C. 2:78-2.2(d)4 rather than the full handler fees set forth in (a)1 and 2 above, subject to the requirements below. On-farm processing fees are intended to allow small scale certified producers to increase profitability by offering value added organic products produced on-farm for sale to the public without having to complete a full organic system plan and pay the full handler certification fees. The applicability of this subsection will be determined as follows:

To qualify for on-farm processing fee rates, 75 percent of the product ingredients shall be produced by the operation doing the processing and anticipated gross income from processing shall be less than $ 50,000 for initial certification and actual gross income from processing must be less than $ 50,000 for annual updates.
Operations generating $ 50,000 (anticipated or actual gross income) or more from on-farm processed organic products, operations who do not produce 75 percent of the ingredients on farm, or very complex on-farm processing operations, may have to complete a full handler certification application in addition to producer certification.
The NJDA shall make a determination as to whether an on-farm operation is sufficiently complex so as to require a complete handler certification and shall advise the applicant as soon as it becomes evident that a full handling application would be necessary. This determination will be based on several different factors including the number of different organic products produced, the intricacy and number of processing lines that must be inspected, the number of off-site facilities or storage areas that must be inspected, and the complexity and scope of the record keeping systems.
On-farm processing fees will be billed to the producer after the inspection, and must be remitted before certification decisions or updated documents are released.

(d) There shall be no refund except to correct a clerical error.

(e) Additional fees may be assessed as follows:

Inspection cancellation fee: Handlers will be assessed fees if a scheduled inspection is cancelled by the applicant less than 48 hours in advance, including a $ 50.00 cancellation fee plus mileage charges, tolls, and inspector driving time (at $ 25.00 per hour) if applicable. Driving time will be charged in increments of one quarter of an hour and rounded off to the nearest one-quarter of an hour.
A $ 25.00 fee will be charged for returned checks.
Additional site fees: $ 40.00 per each additional organic production area will be assessed if site is within 10 miles of the main operation. If additional sites are greater than 10 miles, $ 25.00 per hour driving time will be added to the additional site fee. Driving time will be charged in increments of one quarter of an hour and rounded off to the nearest one-quarter of an hour.
Re-inspection fees: Fees for the first inspection (or first annual update inspection) are covered in the fee schedule above. The handler shall pay 100 percent of actual inspection costs incurred resulting from follow-up inspections not to exceed a rate of $ 50.00 per hour plus mileage and tolls.
Official mileage will be charged at the prevailing New Jersey State rate per mile starting and ending where the inspector officially reports for duty.

N.J. Admin. Code § 2:78-2.4 Registration

(a) All producers shall file a registration form and a non-refundable annual fee of $ 25.00 to the NJDA before selling or distributing certified organic products in New Jersey and annually thereafter. Registration forms are available by contacting Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, NJ 08625.

(b) All handlers shall file a registration form and a non-refundable annual fee of $ 75.00 to the NJDA, before selling or distributing certified organic products in New Jersey and annually thereafter. Registration forms are available by contacting Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, NJ 08625.

(c) All dealers except those who are registered as a handler pursuant to (b) above shall file a registration form and a non-refundable annual fee of $ 100.00 per location with the NJDA, before selling or distributing certified organic products in New Jersey and annually thereafter. Registration forms are available by contacting Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, NJ 08625.

(d) All USDA-accredited certifying agents shall file a registration form and a non-refundable annual fee of $ 100.00 before providing organic certification services in New Jersey and annually thereafter. Registration forms are available by contacting Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, NJ 08625.

(e) Operations exempt or excluded from organic certification pursuant to 7 CFR 205.101, who are not certified pursuant to N.J.A.C. 2:78-2.5, shall notify the NJDA of their excluded or exempted status by submitting to the NJDA a signed Declaration of Exempt or Excluded Status form and a $ 25.00 processing fee. Forms are available by contacting Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, NJ 08625.

N.J. Admin. Code § 2:78-2.5 Exempt and excluded operations pursuant to 7 CFR 205.101

(a) Any operations exempt or excluded from organic certification pursuant to 7 CFR 205.101 seeking to use the USDA seal in 7 CFR 205.311(b)(3) and/or the NJDA logos in N.J.A.C. 2:78-4.1 and 4.2 may apply for certification from the NJDA in accordance with the requirements of N.J.A.C. 2:78-2.1. Certification pursuant to this subsection is voluntary.

Subchapter 3 TRANSITIONAL SUSTAINABLE CERTIFICATION

N.J. Admin. Code § 2:78-3.1 Certification requirements

(a) In order for a "Transitional Sustainable" producer to be certified, all of the following requirements shall be met:

Application of prohibited substances, as set forth in 7 CFR 205.600 through 205.607 in the production area must have ceased at least 12 months prior to the harvest of the crop;
The producer shall comply with all the requirements for 100 percent organic production set forth in N.J.A.C. 2:78-1.2, except for the requirements of 7 CFR 205.202(b); and
The producer shall complete the application and pay the fees set forth in N.J.A.C. 2:78-2.1.

(b) In order for a "Transitional Sustainable" handler to be certified, all of the following requirements shall be met:

The handler shall handle livestock or crops produced by a "Transitional Sustainable" operation;
The handler shall comply with all the requirements for 100 percent organic handling set forth in N.J.A.C. 2:78-1.2, except that the livestock or crops handled may be "Transitional Sustainable";
The handler shall be certified by the NJDA as an organic handler in accordance with this chapter; and
The handler shall complete an application and pay the fees set forth in N.J.A.C. 2:78-2.1. The fees to be certified as both an organic handler and "Transitional Sustainable" handler will be calculated based on the total gross income from both organic and "Transitional Sustainable" products and services.

Subchapter 4 CERTIFICATION MARK

N.J. Admin. Code § 2:78-4.1 Organic certification mark

(a) Organic producers and handlers certified pursuant to this chapter to use a "100 percent organic" or "organic" label may use the "NJDA Certified Organic" certification mark set forth in (b) below.

(b) The configuration of the "NJDA Certified Organic" certification mark is as follows:

Data in image

(c) For the promotion or sale of organic products, only those producers and/or handlers certified as organic by the NJDA are entitled to utilize the "NJDA Certified Organic" certification mark.

(d) Any certified producer or handler or certifying agent improperly using the certification mark set forth in (b) above shall be subject to the noncompliance procedure in 7 CFR 205.660 through 205.665.

(e) Penalties for knowingly selling or labeling a product as organic, except in compliance with the NOP are those set forth in 7 CFR 205.100(c)(1).

(f) Anyone improperly using the certification mark set forth in (b) above shall be subject to a penalty of not more than $ 50.00 for the first offense and not more than $ 100.00 for each subsequent offense. Each day the person or business remains noncompliant will constitute a new and separate offense.

(g) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (f) above, upon written request as provided below, shall be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

Written requests for hearings must be sent to: Director, Division of Marketing and Development

NJ Department of Agriculture

P.O. Box 330

Trenton, New Jersey 08625-0330

Written request for hearings must be transmitted to the Department within 20 days of the penalty notice.

(h) Orders for penalties or to enjoin continuing violations may be enforced by the filing of a summary proceeding brought in the name of the Department in Superior Court or Municipal Court.

History

Amended by R.2009 d.297, effective 10/5/2009.
See: 41 N.J.R. 2165(a), 41 N.J.R. 3796(a).
In (d), deleted ", or any registered producer, handler, dealer" following "handler"; and added (f) through (h).

N.J. Admin. Code § 2:78-4.2 Transitional sustainable certification mark

(a) Producers and handlers certified pursuant to this chapter may use the "Transitional Sustainable" certification mark set forth in (b) below.

(b) The configuration of the "Transitional Sustainable" certification mark is as follows:

Data in image

(c) For the promotion or sale of "Transitional Sustainable" products, only those producers or handlers certified as "Transitional Sustainable" by NJDA, pursuant to N.J.A.C. 2:78-3.1, are entitled to utilize the "Transitional Sustainable" certification mark.

(d) Anyone improperly using the certification mark set forth in (b) above shall be subject to a penalty of not more than $ 50.00 for the first offense and not more than $ 100.00 for each subsequent offense. Each day the person or business remains noncompliant will constitute a new and separate offense.

(e) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (f) above, upon written request as provided below, shall be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

Written requests for hearings must be sent to: Director, Division of Marketing and Development

NJ Department of Agriculture

P.O. Box 330

Trenton, New Jersey 08625-0330

Written request for hearings must be transmitted to the Department within 20 days of the penalty notice.

(f) Orders for penalties or to enjoin continuing violations may be enforced by the filing of a summary proceeding brought in the name of the Department in Superior Court or Municipal Court.

History

Amended by R.2009 d.297, effective 10/5/2009.
See: 41 N.J.R. 2165(a), 41 N.J.R. 3796(a).
Rewrote (d) and (e); and added (f).

Subchapter 5 COMPLAINTS

N.J. Admin. Code § 2:78-5.1 Complaints

(a) Any person with cause to believe that any provision of this chapter or the NOP has been violated may file a written complaint with the NJDA setting forth the facts of the alleged violation.

(b) The NJDA may investigate written complaints received pursuant to (a) above, subject to the following:

The NJDA may investigate written complaints relating to certified organic food or fiber involving persons or businesses certified by the NJDA in accordance with 7 CFR 205.661; and
Written complaints related to organic food or fiber involving persons or businesses not certified by the NJDA may be submitted by the NJDA to the United States Department of Agriculture National Organic Program Compliance Division for investigation and enforcement action.

(c) If NJDA determines that a certified person or business is not in compliance with the NOP, NJDA shall follow the noncompliance procedures set forth in 7 CFR 205.662.

(d) Anyone disputing a denial of certification, a proposed suspension of certification or a proposed revocation of certification issued by the NJDA may pursue mediation in accordance with 7 CFR 205.663 or an appeal in accordance with 7 CFR 205.680 through 205.681.

(e) If NJDA determines after investigation that anyone registered pursuant to N.J.A.C. 2:78-2.4 has violated the provisions of this chapter or the NOP, the NJDA will issue the violator a notice of noncompliance, in addition to any other remedy available pursuant to this section. The registered person or business must provide proof to the NJDA within 30 days from the receipt of the notice of noncompliance demonstrating that the violation has been corrected. If the violation is not corrected and/or proof of the correction is not received within 30 days, NJDA may revoke the registration for the rest of the registration year.

The Division of Marketing and Development shall make an initial determination as to whether to revoke registration under this subsection.
Revocation pursuant to this subsection does not prevent the person or business from reapplying for registration the following registration year, provided that all noncompliance violations have been corrected prior to submission of the application for registration.
The State Board of Agriculture shall make a final determination as to whether to revoke registration following a hearing, if a hearing is requested pursuant to (g) below.

(f) Anyone selling or distributing or attempting to sell or distribute certified organic products in New Jersey without registering in accordance with N.J.A.C. 2:78-2.4 or whose registration has been revoked pursuant to (e) above, shall be subject to a penalty of not more than $ 50.00 for the first offense and not more than $ 100.00 for each subsequent offense. Each day the person or business remains unregistered will constitute a new and separate offense.

(g) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (e) or (f) above, upon written request as provided below, shall be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

Written requests for hearings must be sent to: Director, Division of Marketing and Development

N.J. Department of Agriculture

P.O. Box 330

Trenton, New Jersey 08625-0330

Written request for hearings must be transmitted to the Department within 20 days of the notice of noncompliance, notice of the intent to revoke registration, or penalty notice.

(h) Orders for penalties or to enjoin continuing violations may be enforced by the filing of a summary proceeding brought in the name of the Department in Superior Court or Municipal Court.

Chapter 89 AQUACULTURE DEVELOPMENT

Subchapter 1 GENERAL PROVISIONS

N.J. Admin. Code § 2:89-1.1 Purpose and scope

(a) These rules establish a program for licensure of the possession and ownership of aquacultured organisms.

(b) Aquacultured plants and animals shall be considered to be agricultural crops and animals.

(c) Pursuant to 7 U.S.C. § 2204g, licensed aquatic farmers are required to provide annual production information for the census of agriculture.

History

Amended by 55 N.J.R. 1172(b), effective 6/5/2023

N.J. Admin. Code § 2:89-1.2 Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Act" means the Aquaculture Development Act, N.J.S.A. 4:27-1 et seq.

"Applicant" means a person who is in or is seeking to enter into aquaculture and who submits an application for a license to the NJDA.

"Aquaculture" is a form of agriculture involving the propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments, and the subsequent processing, packaging and marketing, and shall include, but is not limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators. Aquaculture is a water dependent activity. Aquaculture shall not include the construction of facilities and appurtenant structures that might otherwise be regulated pursuant to any State or Federal law or regulation.

"Aquaculture system" means any tank, raceway, contained pond or closed recirculating system or any waters of the State into which aquatic organisms are placed for the purposes of aquaculture.

"Aquatic farm" means any leased or privately owned water system and associated facilities and appurtenant structures capable of holding and/or producing cultured aquatic stock. It may also refer to more than one facility and may include both hatchery and grow-out components, multi-species farms, processing, packaging and marketing.

"Aquatic farmer" means any person who operates and maintains an aquatic farm.

"Aquatic Farmer License" means the formal license issued by the NJDA for the possession and ownership of aquacultured organisms by a person, partnership or corporation.

"Aquatic species" means any species of fish, mollusk, crustacean, other aquatic invertebrate, amphibian, reptile or aquatic plant but is not limited to fish and fishes.

"Closed system" means an aquatic farm with discharges that do not connect in any way to the waters of the State prior to filtration or percolation in order to prevent cultured aquatic stock from escaping and generally recirculates its system discharges.

"Cultured aquatic stock" means privately owned aquatic organisms lawfully acquired, held and grown in an aquatic farm.

"Department" or "NJDA" means the New Jersey Department of Agriculture.

"Fee fishing" means paying a fee to engage in the removal of cultured, licensed aquatic stock from a farm for recreation or sporting purposes.

"Native species" means any species of any plant or animal that naturally occurs in the water of the State and is capable of surviving in the wild for 12 consecutive months.

"NJDEP" means the New Jersey Department of Environmental Protection.

"NJDOH" means the New Jersey Department of Health.

"Non-native species" means any species of plant or animal that does not occur naturally in the waters of the State.

"Person" shall mean individuals, public or private corporations, companies, associations, societies, firms, partnerships, and joint stock companies.

"Producer" shall mean any person, firm, partnership, association or corporation that intervenes in the rearing process of aquatic organisms listed in the North American Industrial Classification System under Animal Aquaculture 1125 or Greenhouse, Nursery and Floriculture 1114 to enhance production and receives sales revenues from those organisms.

"Public hatchery" means any hatchery run by the State of New Jersey for the culture of aquatic organisms. Such facilities shall be exempt from all of the provisions of this chapter.

"Secretary" means the Secretary of the New Jersey Department of Agriculture.

"Waters of the State" means all surface and groundwaters of the State but does not include the waters in a closed system.

History

Amended by 55 N.J.R. 1172(b), effective 6/5/2023

Subchapter 2 AQUATIC FARMER LICENSE

N.J. Admin. Code § 2:89-2.1 Aquatic Farmer License requirements

(a) All producers of cultured aquatic stock who anticipate production of aquacultured products worth $ 2,500 or more annually shall obtain an Aquatic Farmer License from the New Jersey Department of Agriculture.

In order to obtain the benefits provided by the Aquatic Farmer License, it is strongly recommended that all aquaculturists, even those with lower levels of production, obtain a License.

(b) Issuance of said Aquatic Farmer License will be based upon submission to and approval by the NJDA of a properly completed "Aquatic Farmer License Application" containing all information required by these rules. An applicant whose aquatic farm was not in operation as of June 7, 2004 must also show that he or she possesses all State and Federal permits and approvals required for the operations and activities of the aquatic farm.

A copy of the application is attached hereto as Appendix A and is hereby adopted and incorporated by reference as part of this rule.

(c) Aquatic Farmer Licenses will be effective for a period of five years from June 30 of the year of issuance, provided the licensee complies with the terms of the license and the requirements of State and Federal permits governing the operation. All Aquatic Farmer Licenses will expire on June 30 five years from the calendar year of issuance.

(d) Each licensed aquatic farmer shall be issued a number by the NJDA to be used as a reference for marketing, transport and sale documents.

(e) The Aquatic Farmer License for the possession and ownership of aquacultured organisms is transferable upon approval by the NJDA of a formal written request made within 14 days of the change in ownership, provided that there is no significant change in operations such as a change in genus, system capacity or type of system.

If the aquatic farmer operates on an area that is covered by a lease with the State, the NJDA will notify NJDEP within 14 days of receipt of a request for a transfer of ownership.

(f) The owners of an aquaculture facility shall file a revised Aquatic Farmer License application at least 30 days prior to any significant change in operations such as a change in genus, system capacity or type of system. The NJDA shall review and approve or deny a license to the modified operation.

A change in production may require the issuance of additional permits by NJDEP or other agency.
The NJDA shall notify NJDEP within 14 days of receipt of a revised application for an Aquatic Farmer License.

N.J. Admin. Code § 2:89-2.2 Preexisting aquatic farms

Aquatic farms operating as of June 7, 2004 including bivalve molluscan shellfish operations will be required, by September 5, 2004, to file the application set forth in Appendix B which is hereby adopted and incorporated by reference.

N.J. Admin. Code § 2:89-2.3 Exemptions to the license requirement

(a) The following are not aquatic farmers operating aquatic farms and are not covered by this chapter:

Facilities that hatch or hold aquarium species in a fully enclosed building;
Facilities that hold live bait for less than 30 days;
Public hatcheries; and
Shellfish harvesters who:

i. Rely on natural seed set;

ii. Do not provide protection from predators by exclusion devices;

iii. Use leased bottom for wet storage; or

iv. Use leased bottom for relay.

(b) The following aquatic farmers are exempt from the licensing requirements of this chapter:

Facilities that hatch or hold aquatic organisms in a fully enclosed building solely for the purposes of demonstration, education or research within that building;
Facilities that exhibit aquatic organisms in a public forum for not more than 15 days in a calendar year; and
Facilities that hold aquatic organisms for not more than 30 days at a food processing, retail food establishment or restaurant pending immediate processing or sale.

N.J. Admin. Code § 2:89-2.4 Aquaculture application

(a) The application set forth at Appendix A shall include the information set forth at (a)1 through 4 below. The application set forth at Appendix B shall include the information set forth at (a)1 and 2 below.

Applicant information:

i. The name, address and contact information of the applicant;

ii. The filing date;

iii. The name and location of the proposed aquatic farm;

iv. The name and address of the landowner if different from the applicant;

v. The name and contact information for a consultant or an authorized agent; and

vi. The Social Security number of the applicant or Federal ID # for corporations.

Type of culture:

i. The name (common and scientific) of each species to be cultured;

ii. The origin of the cultured species; and

iii. The estimated annual production.

General activity description:

i. The project type;

ii. The estimated beginning construction date;

iii. The zoning of the area surrounding the facility;

iv. The size of the operation;

v. Water requirements/source; and

vi. The type of operation.

Relevant permits: A list of all currently held and additional permits that are required by the NJDEP, NJDOH, or other appropriate agency. A preliminary assessment of required permits is provided in the application included at Appendix A.

History

Amended by 55 N.J.R. 1172(b), effective 6/5/2023

N.J. Admin. Code § 2:89-2.5 Approval process

(a) Upon filing a completed aquaculture application, the application will be reviewed by the NJDA.

(b) If the NJDA determines that the licensee will be operating in a closed system, the license will be issued upon completion of NJDA review.

(c) All other applications will be forwarded to the NJDEP and relevant Federal agencies for further action within 14 days of receipt of same.

The Aquatic Farmer License shall be granted when all additional permits have been granted and all required fees have been paid.

i. If NJDEP does not give notice in writing within 30 days of receipt of the application from the NJDA, that additional permits or approvals are required, and the NJDA does not identify any additional requirements that may apply, the license will be granted upon the assumption that there are no NJDEP concerns.

The approval of an Aquatic Farmer License under these rules shall not relieve the licensee from the obligation to comply with all State and Federal laws, permits and requirements, whether or not identified as applicable by the license application and approval.

Subchapter 3 EFFLUENT TREATMENT

N.J. Admin. Code § 2:89-3.1 Exemptions

(a) Aquatic farms are required to follow all applicable NJDEP discharge requirements as set forth in N.J.A.C. 7:14A except the following:

Licensed facilities whose annual production and water discharge do not exceed those of the New Jersey Pollution Discharge Elimination System thresholds set forth in N.J.A.C. 7:14A-2.1 4; and
Facilities determined to have a minimum impact on the surrounding environment pursuant to N.J.A.C. 2:89-3.2.

N.J. Admin. Code § 2:89-3.2 Minimum impact aquatic farms

(a) The following aquatic farms are deemed to have minimal impact on water resources and shall not be required to obtain a New Jersey Pollution Elimination Discharge Permit as a requirement of the issuance of an aquatic farmer license:

Recirculation systems that do not discharge into the waters of the State;
Native bivalve molluscan culture systems which do not use feed or do not feed in excess of the New Jersey Pollution Discharge System thresholds as set forth in N.J.A.C. 7:14A-2.1 4;
Fee fishing operations with a standing crop of less than 1,000 pounds of fish per acre; and
Aquatic farms that do not discharge production unit water to surface or groundwaters of the State.

Subchapter 4 IDENTIFICATION OF AQUACULTURED STOCK

N.J. Admin. Code § 2:89-4.1 Sale or distribution

(a) Any person who transports, for sale or distribution to another, licensed aquatic organisms that have been produced in aquatic farms in New Jersey shall transport each shipment with a bill of sale or a bill of lading.

(b) All documentation must include the license number of the production facility.

(c) Any person who transports, for any purposes other than sale or distribution, any licensed aquatic organism shall transport each shipment with a copy of the valid Aquatic Farmer License issued by NJDA.

(d) For bivalve molluscan shellfish, the tagging/recordkeeping system under N.J.A.C. 8:13-1.1 through 1.6 and 2.23 through 2.27 will fulfill the requirement for a bill of lading or bill of sale.

N.J. Admin. Code § 2:89-4.2 Label requirements

(a) Any label, bill of sale or bill of lading shall contain the name and address of the shipper and the receiver, and the identity of the aquatic organisms by species, total weight or number.

(b) For bivalve molluscan shellfish, the tagging/recordkeeping system referenced in N.J.A.C. 2:89-4.1(d).

N.J. Admin. Code § 2:89-4.3 Shellfish dealer certification

In addition to an Aquatic Farmer License, any entity that wholesales, stores, or processes aquacultured molluscan shellfish for human consumption shall possess a shellfish dealer certification and comply with all applicable provisions of N.J.A.C. 8:13-1.

N.J. Admin. Code § 2:89-4.4 Food license

In addition to an Aquatic Farmer License, any entity that wholesales, retails, stores or processes aquacultured seafood (fresh or saltwater) or seafood products (fresh or saltwater) for human consumption shall possess a wholesale food license required by N.J.S.A. 24:15-13 and N.J.A.C. 8:21-13, Rules Governing Wholesale Food Establishments, and/or a retail food license required by N.J.A.C. 8:24-1, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines and act in compliance with N.J.A.C. 8:21-1.3, Food Labeling.

Subchapter 5 AQUATIC ORGANISM HEALTH MANAGEMENT

N.J. Admin. Code § 2:89-5.1 Notice or existence of disease of concern

(a) Any veterinarian or other person (including, but not limited to, any auctioneer, broker, dealer, aquaculturist, extension agent, etc.) who shall gain knowledge of the existence or suspected existence of a reportable disease of finfish, mollusks, or crustaceans within the State, which is subject to an emergency declaration by USDA-APHIS or which is identified by the World Organization for Animal Health (WOAH), in the " Aquatic Animal Health Code," which is adopted as amended and supplemented and incorporated herein by reference, must notify the Department without delay, but not more than 48 hours after gaining such knowledge.

A copy of this publication is available online at

http://www.woah.org/en/what-we-do/standards/codes-and-manuals/aquatic-code-online-access/.

A copy is on file in the Division Director's Office, New Jersey Department of Agriculture, Division of Agriculture and Natural Resources, PO Box 330, Trenton, New Jersey 08625-0330.

History

Amended by 55 N.J.R. 1172(b), effective 6/5/2023

N.J. Admin. Code § 2:89-5.2 Quarantine

(a) Upon confirmation by the Department that any aquatic organism has been infected by an infectious, contagious or communicable disease or has been exposed to such disease organisms, the Secretary may issue a Statement of Imminent Peril and take other steps which he or she deems necessary to prevent the spread of the disease, including, but not limited, to the imposition of a quarantine.

(b) Actions taken by the Secretary in accordance with (a) above, may include, but shall not be limited to:

A direction prohibiting shipments of aquatic organisms into or out of a quarantine area;
A direction prohibiting the release of water from the quarantine facility without written permission from the Secretary;
A direction requiring diagnostic tests and procedures to confirm that the aquatic organisms are no longer infected and the premises are decontaminated and requiring that the premises remain under quarantine until such confirmation is received;
The Department may oversee disinfection of farms, trucks, markets, auctions and all premises that may have been contaminated due to an outbreak of an infectious, contagious or communicable disease; and/or
When hatcheries are involved, the Secretary may, in his discretion, quarantine either the entire establishment or a portion thereof.

N.J. Admin. Code § 2:89-5.3 Depopulation

The Department may order the destruction or the immediate processing of any animal, organisms or eggs it deems necessary to prevent the spread of diseases that threaten the viability of the industry.

Subchapter 6 IMPORT OF AQUATIC ORGANISMS FOR THE PURPOSE OF AQUACULTURE

N.J. Admin. Code § 2:89-6.1 Health Certificate

(a) No person shall move finfish into New Jersey, except for immediate processing and those from prior approved sources, unless accompanied by an official Health Certificate approved by the New Jersey State Veterinarian.

(b) The Health Certificate shall provide the following information:

The complete name and address of the consigner;

The origin of the aquatic organisms;

The complete name and address of the consignee;
The destination of the aquatic organisms;
A description of the aquatic organisms which shall include species and age of the animals; and
A statement that a licensed veterinarian, or other individual authorized by the appropriate government agency of the state or country of export, personally inspected the animals described and found them free from visible symptoms of infectious, contagious, or communicable disease or known exposure thereto within 30 days of shipment.

(c) A copy of the official Health Certificate shall be mailed within 48 hours by the approving agency to the New Jersey Department of Agriculture, Division of Animal Health, PO Box 330, Trenton, New Jersey 08625-0330.

(d) Official Health Certificates shall be void 30 days after issuance.

(e) No person shall import into the State of New Jersey any aquatic organisms from facilities under quarantine because of any infectious, contagious or communicable disease.

(f) Aquatic organisms not meeting the requirements of this subchapter shall be refused entry into the State, or if already in the State, shall remain under quarantine until slaughtered, returned to State or country of origin, or disposed of in accordance with decision of the Department.

N.J. Admin. Code § 2:89-6.2 Release of finfish

Nothing in this chapter shall permit the release of domestically raised finfish into the waters of the State other than in private, closed ponds with no inlet from nor outlet to waters of the State without prior written permission of the Department of Environmental Protection pursuant to N.J.S.A. 23:4-63.3.

History

Amended by 55 N.J.R. 1172(b), effective 6/5/2023

Subchapter 7 COMPLIANCE MONITORING

N.J. Admin. Code § 2:89-7.1 Compliance

(a) Upon signature and submission of an application for Aquatic Farm License, the applicant represents that he or she will obtain and maintain, and implement the requirements of, any State and Federal permits that may be required.

(b) Representatives of the NJDA will periodically conduct a physical inspection of the facility and review records where required to ascertain compliance with the License requirements.

N.J. Admin. Code § 2:89-7.2 Inspection protocol

(a) The NJDA will conduct on-site inspection as needed.

(b) The inspections undertaken by the NJDA pursuant to this section are in addition to any inspections required by the NJDEP or any other State or Federal agency pursuant to law and shall not be deemed to satisfy or waive any such requirements.

(c) The licensed facility shall maintain and provide access to copies of pertinent records as required by the provisions of the license.

Subchapter 8 VIOLATIONS AND ENFORCEMENT

N.J. Admin. Code § 2:89-8.1 Violations and enforcement

(a) The NJDA, when it determines that grounds exist, may:

Take administrative action to revoke or suspend a license; and/or
Seek relief in a court of competent jurisdiction pursuant to N.J.S.A. 4:23-1, including, but not limited to, an order enjoining unlicensed operations, operations in violations of a license, revoking or suspending a license, and/or granting other relief necessary to enforce these rules.

(b) Where the NJDA determines to proceed administratively to revoke or suspend a license, it shall issue an order which identifies the nature of the violation and the penalty to be sought.

(c) The NJDA shall afford a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Rules of Practice, N.J.A.C. 1:1, to any person who is aggrieved by its order and who has applied to the NJDA for a hearing within 20 days of issuance of an order.

(d) Each of the following acts shall constitute a ground for which any of the disciplinary actions described in (a) above may be taken:

Filing an incomplete or fraudulent application or misrepresenting any information on an application;
Actions or operations violative of or inconsistent with the terms of the license or these rules;
Interfering with inspection;
Failing to keep or provide required records; or
Undertaking activities for which an Aquatic Farmer License is required by N.J.A.C. 2:89-2.1(a) without obtaining a license.

(e) First time offenders shall receive written notice of deficiencies and may be given up to 60 days to comply.

Failure to comply after 60 days may result in the NJDA seeking relief by any of the enforcement means set forth in (a) above.

(f) Second or subsequent offenses may result in immediate action by the NJDA pursuant to any of the means set forth in (a) above.

Chapter 90 STATE SOIL CONSERVATION COMMITTEE

Subchapter 1 SOIL EROSION AND SEDIMENT CONTROL ON LAND DISTURBANCE ACTIVITIES

N.J. Admin. Code § 2:90-1.1 Purpose and scope

(a) The rules in this subchapter are to implement P.L. 1975, c. 251, N.J.S.A. 4:24-39 et seq. (hereinafter referred to as "the act"), to secure timely decisions by the soil conservation districts on application for development as defined therein, to assure adequate public notice of procedures thereunder to provide for inspection, compliance, and enforcement, and to continue effective administration of the law. The rules of this subchapter clarify the longstanding provisions of the act prescribing the authorities, roles, and responsibilities related to implementation of the act for the State Soil Conservation Committee and soil conservation districts. Such authorities, roles, and responsibilities include, but are not limited to, the following:

For the State Soil Conservation Committee:

i. Develop and promulgate rules and technical and administrative standards;

ii. Provide program oversight and training, on its own motion or upon request;

iii. Conduct appeals from district decisions;

iv. Conduct investigations;

v. Provide technical assistance;

vi. Institute policies and procedures and guidance;

vii. Conduct studies;

viii. Provide State aid to districts;

ix. Approve district fee schedules;

x. Discontinue municipal ordinances addressing soil erosion and sediment control;

xi. Provide program related interpretative assistance; and

xii. Enter into agreements with public agencies; and

For soil conservation districts:

i. Make determinations and apply the requirements or grant exemption from the act;

ii. Review and certify or deny certification of plans;

iii. Perform inspections and take enforcement actions, including violation notices, stop construction orders and seek court remedies or fines for violations;

iv. Issue or withhold reports of compliance, conditional reports of compliance, or final reports of compliance;

v. Coordinate with municipalities, counties, State and Federal agencies and instrumentalities thereof;

vi. Conduct appeals from aggrieved parties;

vii. Adopt or modify a fee schedule and assess fees;

viii. Monitor the performance of municipalities implementing erosion control ordinances and recommend discontinuance of municipal ordinances when such performance is unsatisfactory; and

ix. Enter into agreements with public agencies.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Section was "Purpose"; rewrote (a).
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 46 N.J.R. 193(a).
Rewrote the introductory paragraph of (a); in (a)xii, substituted "; and" for a period at the end; in the introductory paragraph of (a)2, substituted "soil conservation districts" for "Soil Conservation Districts"; and in (a)2iv, inserted ", conditional reports of compliance, or final reports of compliance".

N.J. Admin. Code § 2:90-1.2 Definitions

All definitions in P.L. 1975 c. 251 are incorporated into the rules of this subchapter. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

"Act" means the Soil Erosion and Sediment Control Act of 1975, N.J.S.A. 4:24-39 et seq.

"Appeal" means a request for a review of district action.

"Agriculture and horticulture" means the utilization of land for the production of food, fiber, animals, and related activities customary to agricultural and horticultural production and operations.

"Certified plan" means a plan, and any revisions thereto, reviewed and approved by the district or exempt municipality as conforming to the standards promulgated by the Committee.

"Committee" means the State Soil Conservation Committee.

"Complete application" means an application and all required items as set forth in N.J.A.C. 2:90-1.4 for soil erosion and sediment control plan certification and that are administratively and technically sufficient for district or exempt municipality certification.

"Conservation plan" means a site specific plan which prescribes needed land treatment and related conservation and natural resource management measures deemed by the district to be practical and reasonable for the conservation and protection of agricultural or horticultural productivity and the control and prevention of nonpoint source pollution. Such plan is designed in accordance with the United States Department of Agriculture, June 1, 2005 Field Office Technical Guide, incorporated herein by reference, as amended and supplemented. To obtain a copy of the Field Office Technical Guide, see N.J.A.C. 2:90-1.8(b).

"Demolition" means the demolition of one or more structures including the disturbance of all land area necessary to accomplish the work.

"Exempt municipality" means any municipality that has secured soil erosion and sediment control ordinance approval for implementing N.J.S.A. 4:24-43 through 47 from the Committee prior to May 31, 1978.

"Hearing body" means the State Soil Conservation Committee.

"Major revision" means modifications to the soil erosion and sediment control plan which require the district to reevaluate the adequacy of erosion controls for the project and compare the plan to the standards.

"Minor revision" means modifications which require minimal examination of the submittal and do not impact the integrity of the previously certified soil erosion control measures as determined by the district.

"Sequence of construction" or "sequence" means a site specific chronology of proposed erosion control plan components including temporary and permanent soil erosion and sediment control measures, integrated with site development related land disturbances that minimizes erosion and sedimentation.

"Withdrawn plan" means a plan for soil erosion and sediment control which the applicant or their agent has rescinded from further action by the district.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In introductory paragraph, added "P.L. 1975", deleted ", Laws of 1975," and substituted "rules" for "regulations"; rewrote definition "Appeal"; added definitions "Act," "Agriculture and horticulture," "Certified plan," "Committee," "Complete application," "Conservation plan," "Demolition," "Exempt municipality," "Major revision," "Minor revision," "Sequence of construction" and "Withdrawn plan."
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 46 N.J.R. 193(a).
In the introductory paragraph, substituted "c." for "chapter", and substituted "into the rules of this subchapter" for "in these rules"; in definition "Agriculture and horticulture", substituted "utilization" for "cultivation", inserted a comma following "animals", and inserted "and horticultural"; in definition "Certified plan", inserted a comma following "plan" and following "thereto", and inserted "or exempt municipality"; and in definition "Complete application", inserted "or exempt municipality".

N.J. Admin. Code § 2:90-1.3 Standards for Soil Erosion and Sediment Control

(a) The State Soil Conservation Committee adopts and hereby incorporates into the rules of this subchapter by reference as standards for soil erosion and sediment control those standards published in the "Standards for Soil Erosion and Sediment Control in New Jersey" and identified as revised on December 14, 2015, as the technical basis for local soil conservation district certification of soil erosion and sediment control plans. Specifically, these standards include the following:

Vegetative Standards:

| Acid Soil Management | 1-1 | | --- | --- | | Revised July 11, 2011 | | | Dune Stabilization | 2-1 | | Revised July 11, 2011 | | | Maintaining Vegetation | 3-1 | | Revised July 11, 2011 | | | Permanent Vegetative Cover for Soil Stabilization | 4-1 | | Revised April 8, 2013 | | | Stabilization with Mulch only | 5-1 | | Revised July 11, 2011 | | | Stabilization with Sod | 6-1 | | Revised July 11, 2011 | | | Temporary Vegetative Cover for Soil Stabilization | 7-1 | | Revised April 8, 2013 | | | Topsoiling | 8-1 | | Revised December 14, 2015 | | | Tree Protection During Construction | 9-1 | | Revised July 11, 2011 | | | Trees, Shrubs and Vines | 10-1 | | Revised July 11, 2011 | |

Engineering Standards:

| Channel Stabilization | 11-1 | | --- | --- | | Revised July 11, 2011 | | | Conduit Outlet Protection | 12-1 | | Revised July 11, 2011 | | | Detention Structures | 13-1 | | Revised July 11, 2011 | | | Dewatering | 14-1 | | Revised July 11, 2011 | | | Diversions | 15-1 | | Revised July 11, 2011 | | | Dust Control | 16-1 | | Revised July 11, 2011 | | | Grade Stabilization Structure | 17-1 | | Revised July 11, 2011 | | | Grassed Waterway | 18-1 | | Revised July 11, 2011 | | | Land Grading | 19-1 | | Revised December 14, 2015 | | | Lined Waterway | 20-1 | | Revised July 11, 2011 | | | Offsite Stability Analysis | 21-1 | | Revised July 11, 2011 | | | Riprap | 22-1 | | Revised July 11, 2011 | | | Sediment Barrier | 23-1 | | Revised July 11, 2011 | | | Sediment Basin | 24-1 | | Revised July 11, 2011 | | | Slope Protection Structures | 25-1 | | Revised July 11, 2011 | | | Soil Bioengineering | 26-1 | | Revised July 11, 2011 | | | Stabilized Construction Access | 27-1 | | Revised July 11, 2011 | | | Storm Sewer Inlet Protection | 28-1 | | Revised July 11, 2011 | | | Stream Crossing | 29-1 | | Revised July 11, 2011 | | | Subsurface Drainage | 30-1 | | Revised July 11, 2011 | | | Traffic Control | 31-1 | | Revised July 11, 2011 | | | Turbidity Barrier | 32-1 | | Revised July 11, 2011 | |

Copies of the Standards may be obtained by contacting the State Soil Conservation Committee at 609-292-5540, http://www.state.nj.us/agriculture, or any of the soil conservation districts as follows:

i. Bergen County Soil Conservation District;

ii. Burlington County Soil Conservation District;

iii. Camden County Soil Conservation District;

iv. Cape-Atlantic Soil Conservation District (Cape May and Atlantic Counties);

v. Cumberland-Salem Soil Conservation District (Cumberland and Salem Counties);

vi. Freehold Soil Conservation District (Middlesex and Monmouth Counties);

vii. Gloucester County Soil Conservation District;

viii. Hudson, Essex and Passaic Soil Conservation District (Hudson, Essex and Passaic Counties);

ix. Hunterdon County Soil Conservation District;

x. Mercer County Soil Conservation District;

xi. Morris County Soil Conservation District;

xii. Ocean County Soil Conservation District;

xiii. Somerset-Union Soil Conservation District (Somerset and Union Counties);

xiv. Sussex County Soil Conservation District; and

xv. Warren County Soil Conservation District.

(b) Where it can be satisfactorily demonstrated by the applicant that unique or innovative control measures or procedures not specified in this chapter may be applicable to specific sites, such measures may be proposed for consideration and utilized subject to approval by the soil conservation district and the State Soil Conservation Committee. To secure such approval, a written request shall be sent to the soil conservation district and State Soil Conservation Committee describing the unique or innovative control measure or procedure and its proposed function or use on the project. Such approval may be granted only where it is determined that strict application of the standards as herein specified will not result in the most practical and effective control of soil erosion, sedimentation and stormwater damages.

(c) The location, address, and telephone number of the local soil conservation district may be obtained from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625-0330, 609-292-5540.

History

Amended by 49 N.J.R. 2787(a), effective 8/21/2017

N.J. Admin. Code § 2:90-1.4 Application

(a) Application for soil erosion and sediment control plan certification shall be made to the local district utilizing standard application forms adopted by the Committee. Such application shall indicate the information required to make a decision on certification of plans. Application forms are available at locations listed at N.J.A.C. 2:90-1.3.

(b) Applications for certifications of soil erosion and sediment control plans shall include the following items:

One copy of the complete subdivision, site plan, or construction permit application, including key map as submitted to the municipality (architectural drawings, plans, and specifications for buildings not required), which includes the following:

i. The location of present and proposed drains and culverts with their discharge capacities and velocities and supporting computations and identification of conditions below outlets;

ii. A delineation of any area subject to flooding from the 100-year storm in compliance with the Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq., or applicable municipal zoning;

iii. A delineation of streams and wetlands pursuant to N.J.S.A. 13:9A-1 et seq. and 13:9B-1 et seq., and other significant natural features within the project area;

iv. The soils and other natural resource information used (delineation of the project site on soil map is desirable);

v. The land cover and use of area adjacent to the land disturbance; and

vi. All hydraulic and hydrologic data describing existing and proposed watershed conditions and a completed copy of the Hydraulic and Hydrologic Data Base Summary Form (SSCC 251 HDF1). Where computer simulation models (such as HEC-HMS, HEC-RAS, TR-55, or other similar models) are used to analyze or predict hydrologic or stream flow responses to project development, a copy of such input files shall be submitted to the district. The Data Base Summary Forms and information regarding these computer programs are available at the locations listed at N.J.A.C. 2:90-1.3;

Up to four copies of the soil erosion and sediment control plan at the same scale as the site plan submitted to the municipality or other land use approval agency, which includes the following information detailed on the plat:

i. The proposed sequence of development including duration of each phase in the sequence;

ii. A site grading plan delineating land areas to be disturbed including proposed cut and fill areas together with existing and proposed profiles of these areas;

iii. Contours at a two foot interval, showing present and proposed ground elevation;

iv. The locations of all streams and existing and proposed drains and culverts;

v. A stability analysis below all points of stormwater discharge, which demonstrates that a stable condition will exist or there will be no degradation of the existing condition;

vi. The location and detail of all proposed erosion and sediment control structures including profiles, cross sections, appropriate notes, and supporting computations;

vii. The location and detail of all proposed nonstructural methods of soil stabilization including types and rates of lime, fertilizer, seed, and mulch to be applied;

viii. Erosion control measures for non-growing season stabilization of exposed areas where the establishment of vegetation is planned as the final control measure;

ix. For residential development, erosion control measures which apply to dwelling construction on individual lots with notation on the final plat that requirement for installation of such control measures shall apply to subsequent owners if title is conveyed;

x. Plans for maintenance of permanent soil erosion and sediment control measures and facilities during and after construction, which include the designation of persons or entity responsible for such maintenance; and

xi. Where applicable, the location and details for all proposed soil restoration areas including appropriate notes and sequencing;

An Ownership Disclosure Affidavit Form to determine potential conflicts of interest between the applicant and soil conservation district supervisor or staff.

i. A corporation must indicate its registered agent and officers.

ii. A corporation, partnership, or limited liability corporation (LLC) shall list the names and addresses of all stockholders or individual partners owning at least 10 percent of its stock of any class, or at least 10 percent of the interest in the partnership.

iii. Any transfer of ownership of more than 10 percent must be disclosed to the district;

Appropriate fees as adopted by the individual district and approved by the Committee (see N.J.A.C. 2:90-1.1 2); and
Additional information as may be required by the district depending upon the scope, topography and complexity of the project.

Certify that all soil erosion and sediment control measures are designed in accordance with current Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the Committee and found at N.J.A.C. 2:90-1.3 and will be installed in accordance with the plan as approved by the district;
Acknowledge that structural measures contained in the soil erosion and sediment control plan are reviewed for adequacy to reduce offsite soil erosion and sedimentation and not for adequacy of structural design;
Retain full responsibility for any damages which may result from any construction activity notwithstanding district certification of the soil erosion and sediment control plan;
Require that all engineering related items of the soil erosion and sediment control plan be prepared by or under the direction of and be sealed by a professional engineer or architect licensed in the State of New Jersey in accordance with N.J.A.C. 13:27-6;
Assure that any conveyance of the project or portion thereof is conditioned upon transfer of full responsibility for compliance with the certified plan to any subsequent owners;
Maintain a copy of the certified plan on the project site during construction;
Allow district agents to go upon project lands for inspection; and
Notify the district in writing at least 48 hours in advance of any land disturbance activity and upon completion of the project.

(d) If the person submitting the application is not the project owner, a notarized authorization by the owner or authorized corporate officer must be submitted with the application. For public agency projects, such authorization shall be made by the principal executive officer or elected official of the agency.

(e) All requests for determination that the act does not apply to land disturbance activity shall be submitted to the district by the owner or their authorized representative. Non-applicability requests shall be in writing and include a plot or site plan depicting all proposed areas of disturbance and a resolution from the municipality or other suitable documentation indicating the date the lot was created. Hardship exemptions or waivers shall not be authorized. The act does not apply to the following activities:

Land disturbance activities 5,000 square feet or less; and
Single-family dwelling lots not regulated under N.J.A.C. 2:90-1.5.

(f) Any land disturbance activity to which the act was initially determined not to apply but which subsequently falls within the definition of project, as defined in N.J.S.A. 4:24-41g, shall be subject to the rules of this subchapter.

(g) Any application for development for a project that was approved by the State, any county, municipality, or any instrumentality thereof, without the condition that the application for development comply with the act pursuant to N.J.S.A. 4:24-43 and this subchapter, shall not be relieved of the obligation to conform to the act and this subchapter. A successor in title shall be subject to this subchapter.

History

Amended by 49 N.J.R. 2787(a), effective 8/21/2017

N.J. Admin. Code § 2:90-1.5 Single-family dwelling unit lots

(a) An application for a construction permit for any single-family dwelling unit, on any lot that has arisen from a subdivision approved after January 1, 1976 comprising two or more single-family dwelling lots, the construction of which would disturb greater than 5,000 square feet, including associated offsite improvements, is subject to the act, and the applicant/owner shall secure certification of a soil erosion and sediment control plan. The act shall also apply if any lots in the subdivision are conveyed to separate owners or if construction is by the same or separate applicant, owner, builder, or contractor.

(b) The concurrent construction of two or more single-family dwelling units, by the same applicant, owner, builder, or general contractor on lots that were part of a preexisting subdivision approved prior to January 1, 1976, shall be subject to the requirements of the act provided that the proposed cumulative land disturbance, including associated offsite improvements, is greater than 5,000 square feet.

History

New Rule, R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-1.5, Procedure, recodified as N.J.A.C. 2:90-1.9.
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 46 N.J.R. 193(a).
In (a) and (b), deleted "contiguous or non-contiguous" following "more", and inserted a comma following "builder"; in (a), inserted "including associated offsite improvements,"; and in (b), inserted "general" and ", including associated offsite improvements,", and substituted "that" for "which" following "lots".

N.J. Admin. Code § 2:90-1.6 Mining and quarrying activities

Certification of a soil erosion and sediment control plan shall be required for the operation of all mining or quarrying activities regardless of proposed or actual related agricultural or horticultural use. Mining or quarrying activities shall include the extraction and removal of soil and/or sediment, as defined in N.J.S.A. 4:24-41, from the proposed site.

History

New Rule R.1987 d.222, effective 5/18/1987.
See: 19 N.J.R. 395(a), 19 N.J.R. 861(a).
Recodified from N.J.A.C. 2:90-1.13 by R.2005 d. 39, effective 1/18/2005.
See: 36 N.J.R. 3961(a), 37 N.J.R. 265(a).
Former N.J.A.C. 2:90-1.14, Minor subdivision, recodified to N.J.A.C. 2:90-1.15.
Recodified from N.J.A.C. 2:90-1.14 and amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Changed "soils" to "soil"; former N.J.A.C. 2:90-1.6, Appeal process, repealed.

N.J. Admin. Code § 2:90-1.7 Demolition activities

Any demolition activity of one or more structures and any associated new disturbance activity involving more than 5,000 square feet in size including the construction of one single-family dwelling or other project shall obtain soil erosion and sediment control plan certification.

History

New Rule, R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-1.7, Municipal ordinances, recodified as N.J.A.C. 2:90-1.11.

N.J. Admin. Code § 2:90-1.8 Clearing or grading of land

(a) Except as provided in (b) and (c) below, a person proposing to engage in or who is engaging in clearing or grading of more than 5,000 square feet of land shall be subject to the act unless such land disturbance is for agricultural or horticultural purposes. To demonstrate to the district that such activity is related to proposed agricultural or horticultural activities, the owner shall provide proof that the land is enrolled in a farmland preservation program, eligible for farmland assessment, qualifies for right-to-farm protections, possesses a farm conservation plan or forest management plan, timber harvest sale contract, or other proofs deemed appropriate by the district. Anyone seeking to provide a farm conservation plan as proof of agricultural or horticultural use must waive confidentiality under the Federal Freedom of Information Act. The district shall determine if the proofs demonstrate an agricultural or horticultural activity or is subject to the act and this subchapter.

(b) Certification of a soil erosion and sediment control plan shall be required for the construction of agricultural structures, involving the disturbance of greater than 5,000 square feet of land unless the disturbance is incorporated into a farm conservation plan approved by the district as conforming to the United States Department of Agriculture, June 1, 2005 Field Office Technical Guide, which is hereby adopted and incorporated by reference, as amended and supplemented.

Copies of the New Jersey Field Office Technical Guide are available from the NRCS Field Offices and the State Office at 220 Davidson Ave., 4th Floor, Somerset, NJ 08873.
An electronic copy of the New Jersey Field Office Technical Guide is available at http://www.nrcs.usda.gov/technical/efotg/.
A copy of this document is on file in the NJDA Office of the Director, Division of Agricultural and Natural Resources, Health and Agriculture Building, Market and Warren Streets. Trenton, NJ

(c) Disturbances on agricultural land greater than 5,000 square feet in size other than for agricultural or horticultural purposes, may be subject to the act and this subchapter or may be incorporated into the farm conservation plan when so determined by the district.

History

New Rule, R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-1.8, Fees, recodified as N.J.A.C. 2:90-1.12.
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 46 N.J.R. 193(a).
In (a), deleted "or" preceding "possesses", inserted a comma following "contract", and inserted the next-to-last sentence.

N.J. Admin. Code § 2:90-1.9 Procedure

(a) The district shall carry out the provisions of N.J.S.A. 4:24-43 through 47.

(b) No project shall be undertaken by any person, partnership, corporation, or limited liability corporation (LLC), or other private or public agency unless the applicant has submitted to the district with local jurisdiction a plan for soil erosion and sediment control for such project, and the plan has been certified by the district as conforming to the standards promulgated by the New Jersey State Soil Conservation Committee. The plan shall provide for the control of soil erosion and sedimentation and utilize the standards adopted by the Committee.

(c) Approval by a municipal officer or agency for an application for development for any project shall be conditioned upon certification by the district for a plan for soil erosion and sediment control.

(d) The district shall review all soil erosion and sediment control plans submitted with a complete application and provide the applicant or their agent with a written notice indicating that:

The plan was certified;
The plan was certified subject to the attached conditions; or
The plan was denied certification with the reasons for the denial stated.

(e) The district shall include in the notice of certification or on the certified plan the following clause: "This certification is limited to the controls specified in this plan. It is not authorization to engage in the proposed land use unless such use has been previously approved by the municipality, county, State agency or other controlling agency."

(f) The district shall furnish the municipal planning board, municipal construction official, and municipal engineer, or other responsible official or entity in the case of a county, State or other agency, a copy of the certification or denial including all conditions and statements.

(g) The district shall grant or deny certification within 30 days from submission of a complete application. The district may be granted an additional 30-day review period through mutual written agreement with the applicant. Failure of the district to grant or deny certification within such period or such extension thereof shall constitute certification. When the applicant fails to respond to two or more written requests by the district for additional information, the application may be denied. If the district denies an application for soil erosion and sediment control plan certification, the applicant may resubmit the plan at any future time for review and certification.

(h) The applicant may withdraw an application or a certified plan by written request to the district. The applicant may subsequently resubmit the plan for certification.

(i) District certification of a soil erosion and sediment control plan for any project shall be valid only for the duration of the initial project approval granted by the municipality or other land use approval agency but in no case shall exceed three and one-half years. All such municipal or other agency renewals of the project will require resubmission of the project plan and recertification approval by the district. Certification of the plan is conferred upon the project and may be transferred or conveyed.

(j) The current project owner shall notify the district in writing if there is a change of ownership during implementation of the plan.

(k) By formal action, a district may delegate jurisdiction over a project to another district. An applicant proposing a project that requires certification by more than one district shall secure certification from each respective district unless full jurisdiction is transferred to one district.

(l) The sequence of construction shall be an integral component of the certified plan and shall be followed by the applicant or their agent during all phases of the project. The sequence shall incorporate the installation of temporary and permanent controls, and shall include, but not be limited to, clearing and grading, cuts and fills, temporary diversions, sediment basins, tracking controls, temporary and permanent stabilization, soil restoration measures, and dust control. The sequence of construction may be revised and shall be resubmitted to the district for approval during construction to address site concerns.

(m) At its discretion, the district may require an interim clearing and grading plan on a project for critical area stabilization during construction due to the presence of erodable soils, slopes, or water quality concerns for mitigating existing, emerging, or anticipated erosion hazards.

History

Amended by 49 N.J.R. 2787(a), effective 8/21/2017

N.J. Admin. Code § 2:90-1.10 Revisions to the certified plan

(a) A district may require a new submission of the plan, supporting documentation, application and fee when a major revision is made. The district may require submission of a revised plan, supporting documentation and a fee where minor revisions are needed.

(b) Revisions to the certified plan shall be submitted to the district for reevaluation and certification prior to implementation of the change. Such changes shall be in accordance with the standards in effect on the date that revisions to the plan are being submitted to the district.

(c) Revisions to a plan required during construction shall be submitted to the district for certification. No report of compliance or conditional report of compliance shall be issued if the district determines that a revision to the plan is required.

History

New Rule, R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-1.10, Reports of Compliance, recodified as N.J.A.C. 2:90-1.14.

N.J. Admin. Code § 2:90-1.11 Exempt municipality ordinances and implementation

(a) Adoption by the municipality of soil erosion and sediment control ordinances for approval by the Committee must have been completed by May 31, 1978, in order to qualify for an exemption from N.J.S.A. 4:24-43 through 47. Such exempt municipalities shall enforce the provisions of the ordinance in conformance with district policies and procedures for consistency between municipal and district erosion control programs Statewide.

(b) Exempt municipal ordinances may specifically require municipal certification of demolition, parking lot construction, land clearing or grading or mining and quarrying activities. Where such projects are not encompassed in the ordinance, the municipality shall not exercise jurisdiction until the ordinance is amended and approved by the Committee. No exempt municipality shall exercise jurisdiction over plan certification on any county or a State project; or where municipal regulation of a municipal project would constitute a conflict of interest or the appearance of a conflict of interest. In all such cases, such projects shall be referred to the district for certification and enforcement.

(c) No exempt municipality or any other municipality shall implement a soil erosion and sediment control ordinance or provision that is more restrictive than the definition of project in the act. No exempt municipality may grant a waiver of the requirements or grant an exemption for a project as defined in the act or rules promulgated thereto.

(d) Soil erosion and sediment control ordinances adopted by exempt municipalities may provide for the review and certification of plans, inspection and enforcement by the district in accordance with this subchapter. In all such cases, there shall be written contracts with the municipality, the district and the Committee. The district shall utilize its fee schedule for collection of fees from applicants.

(e) Exempt municipalities implementing ordinances approved by the Committee shall utilize the Committee's standard application form, letter of certification form, reports of compliance form, quarterly report form and Hydraulic and Hydrologic Basin Summary form.

(f) Exempt municipal officials enforcing the provisions of the ordinance shall be knowledgeable in natural resources management and qualified to review plans and inspect project sites. Municipal staff shall attend Committee approved training courses, no less than once every two years.

(g) Exempt municipalities implementing ordinances approved by the Committee shall provide reports to the district and provide information as follows:

Verification of municipal certification of the soil erosion and sediment control plan for the Construction General Permit 5G3 for eligible activities at the end of each business week;

A copy of the Hydraulic and Hydrologic Basin Summary form for all newly certified stormwater basins and stormwater outfalls within 15 days following the end of each calendar-year quarter; and

The following information shall be provided to the local district by March 15 of each year:

i. The current soil erosion and sediment control ordinance; and

ii. The municipal agent contracts responsible for implementing the erosion control ordinance and training classes attended.

(h) Failure by any exempt municipality to satisfactorily implement the ordinance as determined by the district or conform with this section, may result in action by the Committee to revoke the ordinance.

(i) Districts shall annually review for compliance all soil erosion and sediment control ordinances enacted by exempt municipalities within the district. The municipality shall cooperate with the district to demonstrate the manner of municipal implementation of the erosion control ordinances. The district shall inform the committee in writing of the results of this review by April 15 of each year. If at any time during the year, the district determines and so notifies and provides proof to the Committee that any exempt municipality is not enforcing its soil erosion and sediment control ordinance, the Committee shall consider the proofs given and the Committee shall provide written notice to the municipality that it is no longer exempt from N.J.S.A. 4:24-43 through 47. The Committee, at its discretion, may schedule a hearing to review revocation of exempt status.

(j) Any proposed changes to an exempt municipal ordinance which has received the approval of the committee, and is therefore exempt from N.J.S.A. 4:24-43 through 47, must be submitted to the Committee for review and approval prior to enactment of the revised ordinance. For the municipality's exempt status to continue, all such changes must be found to be in accordance with the act and approved as such by the Committee. Failure of the municipality to secure written notification of approval will result in discontinuance of municipal exemption from N.J.S.A. 4:24-43 through 47.

History

As amended, R.1978 d.5, eff. 1/5/1978.
See: 9 N.J.R. 554(a), 10 N.J.R. 54(b).
Recodified from N.J.A.C. 2:90-1.7 and amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Section was "Municipal ordinances"; rewrote the section; former N.J.A.C. 2:90-1.11, Changes, repealed.
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 46 N.J.R. 193(a).
In (g)1, substituted "5G3" for "NJG0088323", and deleted a colon following "activities".

N.J. Admin. Code § 2:90-1.12 Fees

(a) Ordinary fees: Reasonable fees shall be set by the districts based on the costs for providing services. The district shall establish fee categories based on the types and sizes of construction projects and an hourly rate for assessing fees. The fee schedule provisions proposed by each district shall be approved by the committee before it is implemented by the district. Any person aggrieved on the set fee may appeal to the Committee as outlined in N.J.A.C. 2:90-1.1 6.

(b) Extraordinary fees: The district fee schedule may include the assessment of fees for reimbursement of extraordinary expenses resulting from enforcement actions taken. The district may seek reimbursement for litigation expenses including court costs and attorney's fees from the adverse party as part of a negotiated settlement agreement or where the district prevails in any litigation action.

(c) Interest income derived from fee reserve balances may be utilized by the district for implementing district education programs for applicants, contractors, municipal officials and the public.

(d) Fee for certain Federal projects: Certain Federal project activities that are precluded from making fee payments directly to a district, based upon applicable Federal and State laws, shall remit fees payable to "Treasurer, State of New Jersey" to the local district in which the project is to be undertaken. The fee shall be submitted in conjunction with the plan for soil erosion and sediment control certification. The fee shall be in accordance with the following fee schedule based on the land surface area to be disturbed:

| Federal Project Fee Schedule | | --- |

| Disturbance Area* | Review Fee** | Inspection Fee*** | | --- | --- | --- | | 1 to 5 acres | $ 950.00 | $ 325.00 per acre | | 6 to 10 acres | $ 1,600 | $ 260.00 per acre | | 11 to 25 acres | $ 2,300 | $ 200.00 per acre | | 26 to 50 acres | $ 3,000 | $ 180.00 per acre | | 50.01 acres and greater | $ 3,500 | $ 160.00 per acre | | | | | | * For projects greater than one acre, partial acres are to be rounded to | | | | the nearest whole acre. | | | | | | | | ** Major revisions to a previously certified plan are subject to 1/2 the | | | | original review fee. | | | | | | | | *** Reinspection Fee: A fee of $ 150.00 may be assessed (a) when the | | | | contractor has failed to provide the district with a 48 hour advance | | | | written notice of the start of construction, or (b) when the second or | | | | subsequent district inspection was conducted and there was a failure to | | | | address the same problem identified in the first written notice of | | | | non-compliance issued to the applicant/contractor, or (c) when the | | | | contractor requested an inspection for receiving a Report of Compliance | | | | and such district inspection was performed, but the site was not in | | | | compliance with the certified plan and the Standards. A copy of all | | | | written violation notices shall be issued to the contractor with a copy | | | | provided to the local controlling Federal agency. | | |

History

Recodified from N.J.A.C. 2:90-1.8 and amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Rewrote (a) and added (b) and (c); former N.J.A.C. 2:90-1.12, Reports, recodified as N.J.A.C. 2:90-1.15.
Amended by R.2008 d.318, effective 10/20/2008.
See: 40 N.J.R. 1397(a), 40 N.J.R. 5959(b).
Added (d).

N.J. Admin. Code § 2:90-1.13 Enforcement

(a) Inspection of projects to determine execution in accordance with the certified plan shall be carried out by the district in close coordination with the municipal engineer and building inspector.

(b) The district shall determine whether or not the provisions of the certified plan and sequence of construction are being followed by the applicant.

(c) The district shall inform the applicant in writing of observed deviation from the certified plan and request immediate compliance with the plan. Failure of the applicant to adequately correct deficiencies in the time frame set forth in the district letter to the applicant shall result in the issuance of a violation notice. Failure of the applicant to correct the deficiencies in the violation notice may result in the issuance of a stop construction order.

(d) The district or the municipality may issue a stop-construction order if the applicant/current project owner fails to take a majority of identified actions to comply with the provisions of the certified plan. The district or municipality may issue a stop-construction order if a person initiates land disturbance prior to securing plan certification or fails to renew plan certification on an active project within 30 days of receiving notice of pending expiration from the district or municipality.

(e) When a stop-construction order is issued, no further construction activity or any other work may take place on the project except for implementation of erosion controls as required by the district, until such time the project is in compliance with all provisions of the certified plan.

History

Amended by R.2005 d.39, effective 1/18/2005.
See: 36 N.J.R. 3961(a), 37 N.J.R. 265(a).
Deleted (f).
Recodified from N.J.A.C. 2:90-1.9 and amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (b), added "and sequence of construction"; in (c), added last two sentences; in (d), added last sentence; rewrote (e); former N.J.A.C. 2:90-1.13, Municipal ordinances for soil erosion and sedimentation control, repealed.
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 45 N.J.R. 1877(a), 46 N.J.R. 193(a).
Rewrote (d).

N.J. Admin. Code § 2:90-1.14 Reports of Compliance

(a) A district having certified a soil erosion and sediment control plan for a project pursuant to N.J.S.A. 4:24-39 et seq. shall issue a written Final Report of Compliance (FROC) in accordance with this section, upon the district's determination that the project is in full and complete compliance with the requirements and provisions of the certified plan, such that all permanent measures to control soil erosion and sedimentation are in effect for the entire project.

(b) A Report of Compliance (ROC) shall be issued when the District determines that a project or portion thereof is in full compliance with the certified plan and the Standards for Soil Erosion and Sediment Control in New Jersey (see N.J.A.C. 2:90-1.3), and that the permanent measures to control soil erosion and sedimentation are in effect for the area encompassed by the ROC.

(c) A Report of Compliance with Conditions (CRC) shall be issued when the District determines that the project or portion thereof is not yet in full compliance with the certified plan but is in satisfactory compliance to the extent practicable and in accord with the sequence of development and requirements thereof, such that the issuance of a temporary and conditional approval is appropriate with such conditions as may be imposed by the District. Satisfactory compliance means temporary measures and appropriate permanent measures for soil erosion and sediment control have been implemented according to the Standards including provisions for stabilization, site work and that no other site specific concerns exists.

(d) Upon written request from the applicant, the District may issue a ROC or CRC on a lot-by-lot or section-by-section basis for a project when lots or sections are a part of the project.

(e) The district may withhold an ROC, CRC, or FROC for any project that has not secured discharge authorization of the stormwater general permit 5G3 where an NJPDES permit is required for stormwater discharges associated with a construction activity pursuant to N.J.A.C. 7:14A-24.2.

(f) All fees shall be paid to the district prior to issuance of the ROC, CRC, or FROC.

(g) A standard Report of Compliance form approved by the State Soil Conservation Committee shall be utilized by the district and shall allow for the district's issuance of a CRC, ROC, or FROC. The District shall complete the standard Report of Compliance form in accordance with the requirements set forth in (g)1 through 4 below.

The District shall identify on the standard Report of Compliance form the block and lot, street address (if known), municipal location, the District application number and the date of issuance of the ROC.
The District shall state on the standard Report of Compliance form that the project or applicable portion thereof is in compliance with permanent measures to the extent determined by the district.
In order for the District's issuance of a ROC to be valid and effective, the standard Report of Compliance form shall be signed by an authorized District official, the District chairman or a designee, and specify its effective date.

In order for the District's issuance of a CRC to be valid and effective, the District shall comply with the requirements set forth in (g)1 through 3 above, and shall state in the standard Report of Compliance form all conditions that are to be satisfied to assure compliance with the requirements of the certified plan, as well as the date for completion of such conditions.

(h) Copies of the ROC, CRC, or FROC shall be distributed by the district to the applicant/current project owner; the municipal construction code official having construction code jurisdiction for the project, if applicable; and/or in the case where a construction permit is not required for a project (such as for mining and land clearing projects among others), the municipal official having jurisdiction over such project, if any.

The district may also issue a copy of a ROC or CRC, to such other persons or entities, as the district deems necessary or appropriate in its discretion. This includes, without limitation, any county, state and Federal agency, or instrumentality thereof, exercising any jurisdiction over the project.
In the case where a municipality authorized under N.J.S.A. 4:24-48 is the issuing agent, a copy of all ROCs and CRCs shall be submitted to the local District.

(i) No certificate of occupancy (CO) for a building or structure on a project, or any portion thereof, shall be issued by a municipality or any other public agency unless there has been an ROC or FROC issued by the district indicating compliance with the provisions of the certified plan for measures to control soil erosion and sedimentation. The district shall provide the municipality or other public agency with an ROC or FROC in accordance with (h) above.

(j) No temporary certificate of occupancy (TCO) for a building or structure on a project, or any portion thereof, shall be issued by a municipality or any other public agency unless a CRC or ROC is issued by the district. The district shall provide the municipality or other public agency with a copy of the CRC, ROC, or FROC.

(k) During the non-growing season, as defined in the Standards for Soil Erosion and Sediment Control in New Jersey (the Standards), or where seasonal or weather related constraints exist, or where the applicant's scheduling has prevented or delayed final stabilization (for example, completed site work during winter), the District may issue a CRC or ROC in accordance with (k)1 through 3 below.

Where the applicant has completed temporary stabilization and provided temporary erosion control measures in compliance with the certified soil erosion and sediment control plan, the applicant may request a CRC or ROC from the District. The District may also require the applicant to provide a perfonnance deposit and enter into a performance agreement with the District to assure completion of final stabilization. In such instance, the District, at its option, may issue the CRC or ROC subject to the requirement that final stabilization be completed by the date indicated on the performance agreement such as, by the end of the next growing season, as defined in the Standards or such reasonable time period established by the District.

Upon receipt of the signed performance agreement and cash performance deposit, the District shall deposit the performance deposit into an interest bearing escrow account with interest to accrue to the benefit of the applicant. The applicant shall sign and deliver to the District, any and all forms required by the District or its bank to open and maintain such interest bearing escrow account.

Upon completion of final stabilization by the applicant, the District shall return such performance deposit with interest to the applicant minus the administrative costs assessed by the District pursuant to below.
Upon the failure of the applicant to timely or satisfactorily implement the permanent stabilization in accordance with performance agreement and this section, the District shall provide written notification of such failure to the applicant together with a demand that such failure be fully cured within 10 calendar days of the date of such notification to the District's satisfaction or a later date established by the District.

If after such 10 calendar day period, or agreed-to time frame, such failure is not fully and properly cured to the District's satisfaction the District may utilize the applicant's performance deposit in order to contract for all work necessary or required to cure such failure and to complete all permanent measures in accordance with the performance agreement.

The District's rights and remedies pursuant to this subsection are in addition to all of its other rights and remedies under the law including N.J.S.A. 4:24-39 et seq.
The District may charge a fee in connection with the processing and administration of the performance agreement and performance deposit, which shall be listed in the District fee schedule, approved by the Committee.

(l) Any exempt municipality authorized by the Committee pursuant to N.J.S.A. 4:24-48, and implementing an approved ordinance thereunder shall implement these provisions.

(m) Where soil restoration measures are required, a standard form adopted by the SSCC must be utilized indicating the type of soil test method used, test location, test results, and proposed remediation methods. This form shall be provided to the soil conservation district prior to the Report of Compliance inspection. The district shall withhold an ROC, CRC, or FROC for any project that has not provided this form or it is determined that the remediation area has not adequately addressed restoration measures.

History

Amended by 49 N.J.R. 2787(a), effective 8/21/2017

N.J. Admin. Code § 2:90-1.15 Reports

The districts shall submit quarterly reports to the committee giving number of applications, number of certifications, denials and number of reviews and other information as required by the Committee. Reports shall be submitted to the Committee within 15 days after the end of each quarter. A copy shall be retained by the district.

History

Recodified from N.J.A.C. 2:90-1.11 by R.2005 d. 39, effective 1/18/2005.
See: 36 N.J.R. 3961(a), 37 N.J.R. 265(a).
Former N.J.A.C. 2:90-1.12, Municipal ordinances for soil erosion and sedimentation control, recodified to N.J.A.C. 2:90-1.13.
Recodified from N.J.A.C. 2:90-1.12 and amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Added "and other information as required by the Committee" and the last two sentences; former N.J.A.C. 2:90-1.15, Minor subdivision, repealed.

N.J. Admin. Code § 2:90-1.16 Appeal process

(a) Any person aggrieved by a decision or action of the district shall first submit a written request for reconsideration to the district within 10 working days of the action taken. The district shall convene a meeting and make a determination on the request within 35 calendar days of the request unless additional time is mutually agreed upon by the district and the aggrieved person. All such proceedings shall be memorialized in the district minutes.

(b) To appeal the determination of the district, an aggrieved person shall subsequently petition the Committee in writing within 10 working days of the determination by the district. The Committee shall schedule a hearing and make a determination within 90 calendar days of the petition for review and notify the appellant pursuant to (c) below unless additional time is mutually agreed upon by the Committee and the aggrieved person. The Committee may appoint and utilize the hearing office procedures of the Department of Agriculture for fact-finding and recommendations to the Committee. The Committee may alternatively pursue an informal resolution of the matter contested. Any person against whom a stop-construction order is issued by any district shall also have the right to appeal directly to the Committee. Requests for appeal shall be addressed to:

State Soil Conservation Committee

PO Box 330

Trenton, New Jersey 08625

The hearing application number; and

The date, time and place of the hearing.

(d) The Committee may, on its own motion or at the request of any person aggrieved of any action by the district, review the decision of any soil conservation district and make whatever determinations it deems appropriate in the matter.

(e) Any party who disagrees with the determination of the Committee may request a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 and 52:14F-1 et seq.

History

New Rule, R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Amended by R.2014 d.023, effective 1/21/2014 (operative February 20, 2014).
See: 44 N.J.R. 1813(a), 44 N.J.R. 2015(a), 46 N.J.R. 193(a).
In (b), substituted "an" for "the" preceding "aggrieved", and in the address, deleted "Executive Secretary".

N.J. Admin. Code § 2:90-2.1 Applicability

The projects contained in this subchapter are applicable to participants in a farmland preservation program pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., P.L. 1983, C.32 all rules and regulations promulgated thereunder.

N.J. Admin. Code § 2:90-2.2 Definitions

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise.

"District" or "soil conservation district" (SCD) means a governmental subdivision of this State, organized in accordance with the provisions of N.J.S.A. 4:24 et seq.

"Farmland Preservation Program" means any voluntary "Farmland Preservation Program" or "municipally approved farmland preservation program," the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981," P.L. 1981, c.276, which has as its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., P.L. 1983, c.32 and the maintenance and support of increased agricultural production as the first priority use of the land.

"Natural Resources Conservation Service" (NRCS) means Natural Resources Conservation Service of the United States Department of Agriculture.

"New Jersey Forest Service" means the Forest Service, Division of Parks and Forestry of the New Jersey Department of Environmental Protection.

"Soil and Water Conservation Project" means any project designed for the control and prevention of soil erosion and sediment damages, the control of pollution on agricultural lands, the impoundment, storage and management of water for agricultural purposes, or the improved management of land and soils to achieve maximum agricultural productivity. Definitions of individual projects are contained in United States Department of Agriculture, Natural Resources Conservation Service Standards and Specifications, Technical Guide Section 4, and are incorporated herein by reference.

"State Soil Conservation Committee" (SSCC) means an agency of the State established pursuant to Chapter 24 of Title 4 of the Revised statutes.

History

Amended by R.1995 d.382, effective 7/17/1995.
See: 27 New Jersey Register 1506(a), 27 New Jersey Register 2685(a).
Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Rewrote definition "New Jersey Bureau of Forest Management."

N.J. Admin. Code § 2:90-2.3 Standards and specifications

All soil and water conservation projects contained within this subchapter shall be in conformance with the United States Department of Agriculture Natural Resources Conservation Services Standards and Specifications, Technical Guide Section IV, which is hereby adopted by reference. All forest management type practices shall be in accordance with standards and specifications adopted by New Jersey Forest Service. Where determined necessary, the State Soil Conservation Committee may develop and adopt additional standards and specifications for installation of practices.

History

Amended by R.1995 d.382, effective 7/17/1995.
See: 27 New Jersey Register 1506(a), 27 New Jersey Register 2685(a).
Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Substituted "IV" for "4" and "Service" for "Management"; deleted "Bureau of."

N.J. Admin. Code § 2:90-2.4 Eligible projects

The soil and water conservation projects contained in this subchapter are approved for cost-sharing in a farmland preservation program.

N.J. Admin. Code § 2:90-2.5 Terrace systems

(a) Terrace systems which reduce pollution of water, land, or air from agricultural non-point sources may be applied to cropland subject to erosion from water runoff.

(b) The following types of practices are approved for terrace systems:

Terraces and the necessary leveling and filling to permit installation of an effective system.

Materials and installation of underground pipe outlets and other mechanical outlets.
Necessary vegetative protective outlets or waterways.

Converting the present system to a new system ONLY if the present system is not serving its intended conservation purpose.

Removing portions of stone walls or hedgerows if necessary to permit establishment of the practice.

(c) A protective outlet or waterway which is installed solely as an outlet for the terrace system and serves no other conservation purpose should be cost-shared as a component of this practice. A protective outlet or waterway which by itself solves a conservation problem, but also serves as an outlet for a terrace system, should be cost-shared under Sod Waterways or Sediment Retention, Erosion, or Water Control Structures.

(d) The system shall be maintained for a minimum of eight years following calendar year of installment.

N.J. Admin. Code § 2:90-2.6 Diversions

(a) Diversions which conserve water, prevent erosion, and prevent or reduce pollution of water, land, or air from agricultural non-point sources may be applied to farmland subject to erosion from excess surface or subsurface water runoff where the problem can be corrected by such diversion facilities.

(b) The following types of practices are approved for diversion systems:

Diversions, ditches, dikes, or subsurface drains where necessary for proper functioning of diversion.

Installation of structures such as pipes, chutes, underground outlets, or other outlets, if needed for proper functioning of a ditch or dike for more even flow, or to protect outlets from erosion.

Necessary leveling and filling to permit installation of an effective system.
Removing portions of stone walls or hedgerows if necessary to permit establishment of the practice.

Cost-sharing is not authorized for ditches or dikes designed to impound water for later use, or which will be a part of a regular irrigation system. (Refer to other practices that permit such measures.)
A protective outlet or waterway which is installed solely as an outlet for diversion systems and serves no other purpose should be cost-shared as a component of this practice. A protective outlet or waterway which by itself solves a conservation problem, but also serves as an outlet for a diversion system, should be cost-shared under Sod Waterways or Sediment Retention, Erosion, or Water Control Structures.

(d) The system shall be maintained for a minimum of eight years following calendar year of installation.

N.J. Admin. Code § 2:90-2.7 Contour farming

(a) A contour farming system which will protect soil from wind or water erosion and abate pollution of water, land, or air from agricultural non-point sources may be applied to non-terraced cropland subject to wind or water erosion which constitutes a pollution hazard.

(b) The following types of practices are approved for contour farming:

Cost-sharing is limited to the establishment of a contour farming system and the necessary removal of obstacles such as fences, stone walls, or hedgerows where applicable.
Cost-sharing is authorized for subsurface drains needed to eliminate spot seepage on five percent or greater slopes where the seepage makes cross-slope tillage impractical. Subsurface drains may be the sole component if spot seepage develops and makes cross-slope tillage impractical in existing contour farming.

All agricultural operations must be performed as nearly as practicable on the contour.
On acreage devoted to row crops, one of the following must apply:

i. The crop stubble or crop residue must be left standing over the winter;

ii. A winter cover crop must be established;

iii. Adequate protective tillage operations must be performed.

This practice is not applicable on any acreage that is approved under stripcropping.
Cost-sharing is not authorized for repeating any approved measure under this practice with the same person on the same acreage.

(d) The acreage approved in the established system or an approximate equal acreage shall be maintained for a minimum of eight years after year of establishment.

N.J. Admin. Code § 2:90-2.8 Stripcropping systems

(a) Contour stripcropping systems which protect soil from wind or water erosion and reduce pollution of water, land, or air from agricultural non-point sources may be applied to cropland subject to erosion or soil movement.

(b) The following types of practices are approved for stripcropping systems.

Cost-sharing is limited to the establishment of the systems and, if necessary, the removal of such obstacles as fences, stone walls, or hedgerows where applicable.

Cost-sharing is authorized for subsurface drains needed to eliminate spot seepage on five percent or greater slopes where the seepage makes cross-slope tillage impractical. Subsurface drains may be the sole component if spot seepage develops and makes cross-slope tillage impractical in existing stripcropping systems.

On acreage devoted to row crops, one of the following must apply:

i. The crop stubble or residue must be left on the land during the winter;

ii. A winter cover crop must be established;

iii. Adequate protective tillage operations must be performed.

For contour stripcropping systems, cultural operations must be performed as nearly as practicable on the contour.
Cost-sharing is not authorized for repeating any approved measure under this practice with the same person on the same acreage.

(d) The system shall be maintained for a minimum of eight years following calendar year of installation.

N.J. Admin. Code § 2:90-2.9 Sod waterways

(a) Sod waterways which reduce erosion of land and the pollution of water from agricultural non-point sources may be applied to farmland needing permanent sod waterways to safely convey excess surface runoff water.

(b) The following types of practices are approved for sod waterways:

Cost-sharing is authorized for site preparation, grading, shaping, filling, and establishing permanent vegetative cover.

Cost-sharing is authorized for subsurface drains and stone lining that are necessary for proper functioning of the waterway.

The cover may consist of sod-forming grasses, legumes, mixtures of grasses and legumes, or other types of vegetative cover that will provide the needed protection from erosion.
Close-sown small grains or annuals may be used for temporary protection followed by eligible permanent vegetative cover established by seeding.

(d) The system shall be maintained for a minimum of eight years following calendar year of installation.

N.J. Admin. Code § 2:90-2.10 Windbreak restoration or establishment

(a) Windbreak restoration or establishment systems which restore or establish windbreaks for protecting eligible farmland from soil erosion and for reducing the pollution of water, air, or land may be applied to farmland needing protection against serious wind erosion.

(b) The following types of practices are approved for windbreak restoration or establishment:

Planting trees or shrubs as needed for restoring or establishing field or farmstead windbreaks including cost of site preparation.

Permanent fences needed to protect the planted area from grazing, excluding boundary and road fences.

Cost-sharing is not authorized for planting orchard trees or plantings for ornamental purposes.
Planting must be protected from destructive fire and destructive grazing.
Chemicals used in performing this practice must be registered Federally, with the State, and must be applied strictly in accordance with authorized uses, directions on the label, and other Federal or State policies and requirements.

Wildlife and environmental considerations must be given when designing this practice.

(d) The system shall be maintained for a minimum of eight years following calendar year of installation.

N.J. Admin. Code § 2:90-2.11 Stream protection

(a) Stream protection which reduces erosion or the pollution of water from agricultural activity may be applied to specific problem areas on small streams or lakes located on or adjacent to farmland where the bank is subject to damage from livestock or where sediment or runoff containing pollutants constitutes a significant hazard to water quality.

(b) The following types of practices are approved for stream protection:

Permanent fencing to protect banks from damage by domestic livestock. Cost-sharing may be authorized for fencing as a single eligible component where it is the most practical solution to the problem, or for repair of fencing where damaged by flooding or other natural disaster.
Planting trees, shrubs, or perennial grass cover as filter strips or buffer zones along banks.
To provide controlled access to water for livestock.
To install livestock crossings that will retard sedimentation and pollution. The installation of livestock crossings is limited to small streams. Where required, permits must be obtained by the applicant from appropriate authorities before the practice will be approved.
Impact on wildlife, trout production and maintenance, shellfish growing waters, and other environmental factors will be considered when designing the practice.

N.J. Admin. Code § 2:90-2.12 Permanent vegetative cover on critical areas

(a) Permanent vegetative cover on critical areas which reduces erosion and the pollution of land, water, or air from sedimentation of agricultural or silicultural origin may be applied to critical areas (such as gullies, banks, roadsides, trails and roads, and field borders and similar problem areas), on farms which are susceptible to erosion and where runoff carrying substantial amounts of sediment constitutes a significant pollution hazard, or where both exist.

(b) The following types of practices are approved for permanent vegetative cover on critical areas:

Practices needed to stabilize a source of sediment such as grading, shaping, and filling, and the establishment of vegetation, (including the use of lime and fertilizer), trees or shrubs and similar practices which the SCD determines are practical for the solution of the problem.

Cost-sharing is authorized only if the measures will significantly reduce erosion and maintain, or improve, the quality of water in a stream, lake, pond, or other water source.
Cost-sharing is authorized for measures performed on public roadsides only where such measures are essential to solve a farm-based pollution or conservation problem.
Consideration should be given to wildlife and enhancing the appearance of the area when establishing the protective measures.

(d) The system shall be maintained for a minimum of eight years following calendar year of installation.

N.J. Admin. Code § 2:90-2.13 Landshaping or grading

(a) Landshaping or grading which permits effective surface drainage may be applied to cropland.

(b) No cost-sharing is authorized for any shaping or grading performed through normal farming operations required to prepare the land for planting or cultivating crops.

(c) The practice shall be maintained for a minimum of eight years following calendar year of installation or establishment.

N.J. Admin. Code § 2:90-2.14 Water impoundment reservoirs

(a) Water impoundment reservoirs which provide water for agricultural uses and other benefits when possible may be applied to farmland on which the construction or sealing of water impoundment structures, including dugouts, is needed for the above purposes.

(b) The following types of practices are approved for water impoundment reservoirs:

Cost-sharing is authorized only for structures that provide water for agricultural uses, including livestock water impoundments, and irrigation.

Cost-sharing is authorized for fencing and vegetative cover (including mulching) needed to protect the structure.

Cost-sharing is not authorized for any reservoir which would be used primarily for recreation or household water.
Cost-sharing is not authorized for pipelines or troughs to furnish water to farm buildings.
Consideration shall be given to the needs of wildlife and to enhancing the appearance of the area when designing or installing any reservoirs under this practice.

(d) The structure shall be maintained for a minimum of eight years following calendar year of installation.

N.J. Admin. Code § 2:90-2.15 Irrigation systems

(a) Irrigation water systems which conserve irrigation water, improve water quality and management, control erosion, and reduce the pollution of water on land from agricultural non-point sources may be applied on land for which an adequate supply of water is available and on which irrigation will be continued for agricultural and horticultural purposes.

(b) The following types of practices are approved for irrigation systems:

Permanently installed systems, mainlines, and wells.

Land leveling. (This may be authorized as a single component for performance during a program year if it is part of a reorganizing plan which includes other components. The other required components must be carried out in other years with or without cost-sharing.)
Tailwater recovery systems or other installations for the conservation of soil or water where needed as an integral part of the irrigation system.
Where existing systems are converted to, or new systems are installed for trickle or similar low volume, low-loss systems, cost-sharing is authorized for pumping, filtering and application equipment where such components are permanently installed.

Cost-sharing is not authorized for:

i. Portable pipe or any other normally portable equipment.

ii. Pipe installed in the well (other than casing), pumps, and pumping equipment except as specified in (b)4 above.

iii. Installation of power supplies.

iv. Sprinklers or other above-ground water application equipment except as specified in (b)4 above.

Consideration must be given to the needs of wildlife, preserving or enhancing the appearance of the area, and potential pollution hazards.
Cost-sharing is authorized for land leveling as the sole component if it is a needed part of the plan for the reorganization of the system.

(d) The system shall be maintained for a minimum of eight years following calendar year of installation.

History

Amended by R.1986 d.105, effective 4/7/1986.
See: 18 New Jersey Register 131(a), 18 New Jersey Register 638(a).
Added (b)4 and (c)1ii-iv.

N.J. Admin. Code § 2:90-2.16 Sediment retention, erosion, or water control structures

(a) Sediment retention, erosion, or water control structures which reduce erosion and the pollution of land or water from agricultural or silvicultural non-point sources or salt water intrusion may be applied to specific problem areas on farms where runoff of substantial amounts of sediment or runoff containing pesticides or nutrients constitute a significant pollution hazard.

(b) The following types of practices are approved for sediment retention, erosion or water control structures:

Sediment detention or retention structures, such as erosion control dams (excluding water storage type dams), desilting reservoirs, sediment basins, dikes, sluice gates or similar structures; including maintenance and repair where normal life span is exceeded or structures are damaged by natural causes or wildlife.
Channel linings, chutes, drop spillways, and pipe drops that dispose of excess water.
Fencing and vegetative cover (including mulching needed to protect the structure) and for leveling and filling to permit the installation of the structure.
Installing sediment retention structures on public roadsides only where such structures are essential to solve a farm-based pollution or conservation problem.

Cost-sharing is authorized only if the measures will contribute significantly to maintaining or improving soil or water quality.
Consideration must be given to the needs of wildlife when establishing the protective measures.

(d) The system shall be maintained for a minimum of eight years following calendar year of installation.

N.J. Admin. Code § 2:90-2.17 Permanent open drainage systems

(a) Permanent open drainage systems which dispose of excess water on farmlands may be applied to cropland that has been cropped for at least three out of the last five years.

(b) The following special conditions are applicable to permanent open drainage systems:

Due consideration must be given to maintaining wildlife habitat when installing the system.
Cost-sharing is authorized to clear the necessary minimum right-of-way construction of ditches, pipes and other necessary structures, and for spreading spoil banks if needed to effectively use the system.
Cost-sharing is not authorized for installing structures which are primarily for the farm operator's convenience.

Cost-sharing is authorized for reconstruction of existing ditches if design life span has been exceeded.

History

Amended by R.1986 d.105, effective 4/7/1986.
See: 18 New Jersey Register 131(a), 18 New Jersey Register 638(a).
Added text in (a) "that has been ... last five years."

N.J. Admin. Code § 2:90-2.18 Underground drainage systems

(a) Underground drainage systems which dispose of excess water may be applied to cropland that has been cropped for at least three out of the last five years.

(b) The following special conditions are applicable to underground drainage systems:

Due consideration must be given to maintaining wildlife habitat when installing the system.
Cost-sharing is not authorized for installing tile in open drain ditches that are meeting the drainage problem.

History

Amended by R.1986 d.105, effective 4/7/1986.
See: 18 New Jersey Register 131(a), 18 New Jersey Register 638(a).
Added text in (a) "that has been ... last five years."

N.J. Admin. Code § 2:90-2.19 Developing facilities for livestock water

(a) Facilities for livestock water which protect vegetative cover or make practicable the use of the land for vegetative cover so as to prevent soil erosion and to prevent or reduce the pollution of water, air, or land may be applied to installations that provide water at locations which will bring about better distribution of grazing, proper rotation of grazing, or better grassland management.

(b) The following types of practices are approved for developing facilities for livestock water:

Construct or deepen wells.
Develop springs or seeps, including fencing of the area, if needed, to protect the development from pollution by livestock.
Install pipelines, storage facilities, cisterns, and artificial watersheds.
Installations to permit the continuance, expansion, or initiation of a livestock grazing operation.

Wells must be provided with pumping equipment (except for artesian wells) and adequate storage facilities; no cost-sharing is authorized for pipe installed in the well (other than casing), pumps, pumping equipment, or for dry wells.
No cost-sharing is authorized under this practice for any installation which:

i. Is primarily for recreation, wildlife, dry lot feeding, corrals, or barns;

ii. Makes it possible to graze crop residues, field borders, or temporary or supplemental pasture crops;

iii. Is for land on which the cover will be used for hay or silage or will be field chopped and hauled to headquarters for feeding;

iv. Primarily provides water for headquarters. (Incidental use of water at headquarters is permitted if it does not lessen the effectiveness of the installation in serving its conservation purpose.) Costs may be shared to install a structure at or near headquarters only if that is the most practical location and the structure will effectively accomplish its conservation purpose at such location.

Consideration should be given to the needs of wildlife and enhancing the appearance of the area, when installing watering facilities.

(d) The practice shall be maintained for a minimum of eight years following calendar year of installation or establishment.

N.J. Admin. Code § 2:90-2.20 Forest tree stand improvement

(a) Forest tree stand improvement practices which enhance the environment by improving or protecting a stand of desirable trees intended for timber production, pulpwood, posts, etc., and to provide soil protection may be applied to stands of forest trees where quality can be improved through timber stand improvement.

(b) The following types of practices are approved for forest tree stand improvement:

Thinning;
Pruning crop trees;
Releasing desirable seedlings and young trees.

Cost-sharing is not authorized for:

i. Correcting existing erosion problems with forestry practices. (The correction of erosion problems created by past land use activities may be authorized under other appropriate State practices);

ii. Fencing, fire breaks, fuel breaks, firelanes, or roads;

iii. Timber stand improvement in stands where the undesirable stems can be removed by commercial sales, such as fuelwood, poles, etc.

Chemicals used in performing this practice must be Federally and State registered and must be applied strictly according to authorized uses, directions on label, and other Federal or State policies and requirements.
The area must be protected from destructive fire and, if seedlings are present, from destructive grazing.
Improvement measures should be carried out in a way that preserves or improves the quality of the environment, especially wildlife habitat and the appearance of the area.

(d) The practice shall be maintained for a minimum of eight years following calendar year of installation or establishment.

N.J. Admin. Code § 2:90-2.21 Forest tree plantations

(a) Forest tree plantations that establish a stand of trees for soil protection, forestry purposes, and preserves and improves the environment may be applied to farmland suitable for growing tree species that will provide multi-purpose forest benefits. Where shrubs are used, preference should be given to varieties beneficial to wildlife.

(b) The following types of practices are approved for forest tree plantations:

The establishment of a plantation that will provide both forest products and improved protection from wind or water erosion.
Clearing land occupied largely by scrubby brush of no economic value, only where essential to permit planting desirable tree species. Technical assistance must be utilized to determine suitability of the land for clearing and the measures necessary to prevent erosion.

Cost-sharing is not authorized for fencing, fire breaks, fuel breaks, firelanes, roads, or for parcels of woodland less than one acre.
Cost-sharing is not authorized for planting orchard trees, for plantings for ornamental purposes, or for Christmas tree production.
Planting must be protected from destructive fire and grazing.

Chemicals used in performing this practice must be Federally and State registered and must be strictly applied in accordance with authorized uses, directions on label, and other Federal or State policies and requirements.

Consideration must be given to preserving and improving the environment.

(d) This practice shall be maintained for a minimum of eight years following calendar year of installation or establishment.

N.J. Admin. Code § 2:90-2.22 Site preparation for natural regeneration

(a) Site preparation for natural regeneration which establishes a stand of trees for soil protection, forestry purposes, and to preserve and improve the environment may be applied to farmland suitable for growing tree species that will provide multi-purpose forest benefits.

(b) Cost-sharing is authorized for site preparation for natural reseeding (including prescribed burning with plow lines), if all of the special conditions in (c) below apply.

The following conditions must be met:

i. Sufficient desirable seed trees are present to permit natural reseeding.

ii. Brush, dense litter, or other material must be broken up and removed to expose the forest soil to permit reseeding.

iii. Seed trees must be left until the area is restocked.

Cost-sharing is not authorized for:

i. Site preparation for the natural regeneration of ornamental or Christmas trees;

ii. Correcting existing erosion problems with forestry practices. The correction of erosion problems caused by past land use activities may be authorized under other appropriate State practices;

iii. Fencing or roads.

Planting area must be protected from destructive fire and destructive grazing.
Chemicals used in performing this practice must be Federally and State registered and must be applied strictly according to authorized uses, directions on label, and other Federal or State policies and requirements.
Consideration must be given to preserving and improving the environment.

(d) This practice shall be maintained for a minimum of eight years following calendar year of installation or establishment.

N.J. Admin. Code § 2:90-2.23 Animal waste control facilities

(a) Animal waste control facilities which reduce the existing pollution of water, land, or air by animal wastes may be applied to areas on farmland where animal wastes from the farm constitute a significant pollution hazard. This practice is designed to provide facilities for storage and handling of livestock and poultry waste and the control of surface runoff water to permit the recycling of animal waste onto the land in such a manner as to abate pollution which would otherwise result from livestock or poultry operations.

(b) The following types of practices are approved for animal waste control facilities:

For animal waste storage facilities such as aerobic or anaerobic lagoons, liquid manure tanks, holding ponds, collection basins, settling basins, composing facilities and similar facilities as well as diversions, channels, waterways, outlet structures, piping, land shaping, and similar measures needed as part of a system on the farm to manage animal waste.
Permanently installed equipment needed as an integral part of the system; for fencing and vegetative cover (including mulching needed to protect the facility); and for leveling and filling to permit the installation of an effective system.

Cost-sharing is limited to solving the pollution problems where the livestock or poultry operation is part of a total farming operation, and shall be limited to the most cost-effective facilities.
Cost-sharing is authorized only if the storage and diversion facilities will contribute significantly to maintaining or improving the soil or water quality.
Cost-sharing is not authorized for the following:

i. Measures primarily for the prevention or abatement of air pollution unless the measures also have soil and water conserving benefits;

ii. Portable pumps, pumping equipment or other portable equipment, buildings or modifications of buildings or for spreading animal wastes on the land;

iii. For that portion of animal waste structures installed under or attached to buildings which serve as part of the building or its foundation;

iv. For animal waste facilities that do not meet local or State regulations.

(d) The system shall be maintained for a minimum of eight years following calendar year of installation.

N.J. Admin. Code § 2:90-2.24 Agrichemical handling facility

(a) The storage, handling, and mixing of agrichemicals and the cleaning of application equipment can constitute a pollution hazard to surface and ground water. This practice is designed to provide an impervious containment area for isolation of spillage from on-farm agrichemical mixing, loading, unloading, and rinsing operations in order to minimize pollution of soil, water, air, plant, or animal resources.

(b) The following types of practices and components are approved for an agrichemical facility:

Land shaping, leveling, and filling to permit installing the system;

Formed concrete, reinforcing, sump, sealant, gravel for sub-base and access ramps;

Pumps, pipes, valves, and storage tanks permanently installed for use in the agrichemical facility;
Diversions, waterways, outlet structures, and similar measures to convey surface water away from the facility; and for fencing and vegetative cover including mulching;
Roof, including gutters and downspouts, and sidewalls to exclude precipitation from the facility; and for providing water and electric services from proximate locations.

Offsite disposal of rinsate and spillage; nor for remedial action to correct soil, water, or other resources affected by agrichemical spillage.
Agrichemical facilities that do not meet local or State regulations.
Non permanent interior wall partitions and enclosures, including insulation, ventilation, shelving, etc., for the storage of agrichemicals.

(d) The agrichemical facility shall be operated and maintained for a minimum of eight years following the calendar year of installation.

History

New Rule R.1995 d.380, effective 7/17/1995.
See: 27 New Jersey Register 1836(a), 27 New Jersey Register 2686(a).

N.J. Admin. Code § 2:90-2.25 Cost share rates

(a) Projects as identified in N.J.A.C. 2:90-2.5 through 2.24 shall be cost shared at 75 percent of the actual cost, not to exceed 75 percent of a maximum amount per project as estimated by the district in consultation with the United States Department of Agriculture, Natural Resources Conservation Service District Conservationist and Farm Services Agency County Executive Director. Districts shall consult with authorized personnel within the New Jersey Forest Service for forestry related practices.

(b) The maximum per project cost shall be based upon the average cost for installation of such practices in the district, as determined from actual Farm Services Agency and NRCS cost records for similar work under Federal cost share programs. For those practices which arc not in the Federal programs, the district shall consult with USDA or Forest Service officials in the district to investigate actual costs and establish a suitable average maximum cost reflecting current prices. An average cost schedule developed in accordance with this procedure shall be adopted by the district and filed with the State Soil Conservation Committee on or before January 15 of each year. The SSCC shall reserve the right to review maximum cost rates and to require adjustments if deemed necessary.

(c) The least cost practice or system which is determined to be effective and functional shall be the basis for cost-share rates. An applicant may install a more expensive practice or system if it is determined to be effective and conforms to the standards and specifications in N.J.A.C. 2:90-2.3, but shall be eligible for reimbursement only for up to 75 percent of the least cost option described above.

History

New Rule. R.1985 d.303, effective 6/17/1985.
See: 17 New Jersey Register 86(a), 17 New Jersey Register 1542(c).
Amended by R.1986 d.105, effective 4/7/1986.
See: 18 New Jersey Register 131(a), 18 New Jersey Register 638(a).
(c) added.
Recodified from N.J.A.C. 2:90-2.24 and amended by R.1995 d.380, effective 7/17/1995.
See: 27 New Jersey Register 1836(a), 27 New Jersey Register 2686(a).
Amended by R.1995 d.382, effective 7/17/1995.
See: 27 New Jersey Register 1506(a), 27 New Jersey Register 2685(a).
Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (a) and (c), increased percentages from 50 percent to 75 percent; in (a) and (b), substituted "Farm Services Agency" for "CFSA", substituted "Service" for "Management" and deleted "Bureau of."

N.J. Admin. Code § 2:90-3.1 Applicability

This subchapter contains State Soil Conservation Committee rules which describe procedures for soil conservation districts and other participating conservation agencies regarding the review and approval of applications for soil and water conservation projects pursuant to the Agriculture Retention and Development Act, N.J.S.A. 4:1C-11 et seq., ( P.L. 1983, C.32). These rules shall be utilized in conjunction with N.J.A.C. 2:90-2 and N.J.A.C. 2:76-5.

N.J. Admin. Code § 2:90-3.2 Definitions

The following words and terms, when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise.

"Application form" means a standard form adopted by the State Soil Conservation Committee.

"County Agriculture Development Board" (CADB) means a county agriculture development board established pursuant to N.J.S.A. 4:1C-14 or a subregional agricultural retention board established pursuant to N.J.S.A. 4:1C-17.

"District" or "Soil Conservation District" (SCD) means a governmental subdivision of this State, organized in accordance with the provisions of N.J.S.A. 4:24-1 et seq.

"Farm conservation plan" or "plan" means a plan which indicates needed land treatment and related conservation and resource management measures including approved forest management practices that are determined practical and reasonable for a particular farm to conserve and protect natural resources and to maintain and enhance agricultural productivity.

"Farm Services Agency" (FSA) means the Farm Services Agency of the United States Department of Agriculture.

"Farmland Preservation Program" means any voluntary "Farmland Preservation Program" or "municipally approved farmland preservation program", the duration of which is at least eight years, authorized by law enacted subsequent to the effective date of the "Farmland Preservation Bond Act of 1981," P.L. 1981, c.276, which has its principal purpose the long term preservation of significant masses of reasonably contiguous agricultural land within agricultural development areas adopted pursuant to N.J.S.A. 4:1C-11 et seq., ( P.L. 1983, c.32) and the maintenance and support of increased agricultural production as the first priority use of the land.

"Natural Resources Conservation Service" (NRCS) means Natural Resources Conservation Service of the United States Department of Agriculture.

"New Jersey Forest Service" means the Forest Service, Division of Parks and Forestry of the New Jersey Department of Environmental Protection.

"Soil and water conservation practice" means any practice designated for the control and prevention of soil erosion and sediment damages, the control of pollution on agricultural lands, the impoundment, storage and management of water for agricultural purposes, or the improved management of land and soils to achieve maximum agricultural productivity. Definitions of individual practices are contained in United States Department of Agriculture, Natural Resources Conservation Service standards and specifications, Technical Guide Section IV, which are hereby adopted by reference. All forest management type practices shall be in accordance with standards and specifications adopted by New Jersey Forest Service. Where determined necessary, the State Soil Conservation Committee may develop and adopt additional standards and specifications for installation of practices.

"State Agriculture Development Committee" (SADC) means the State Agriculture Development Committee established pursuant to N.J.S.A. 4:1C-4.

"State Soil Conservation Committee" (SSCC) means an agency of the State established pursuant to N.J.S.A. 4:24-1 et seq.

"Standards and specifications" means the United States Department of Agriculture Natural Resources Conservation Service standards and specifications, Technical Guide Section IV, which are hereby adopted by reference. All forest management type practices shall be in accordance with standards and specifications adopted by New Jersey Forest Service. Where determined necessary, the State Soil Conservation Committee may develop and adopt additional standards and specifications for installation of practices. Copies of Standards and Specifications are on file and may be viewed at http://www.nj.nrcs.usda.gov/efotg.

"System" means a group of practices which when combined provide for the resolution of land treatment and related conservation problem(s).

"Technical agency" means the United States Department of Agriculture National Resources Conservation Service or the New Jersey Forest Service having responsibility for standards and specifications as identified above for soil and water conservation projects approved by the State Soil Conservation Committee.

History

Amended by R.1995 d.382, effective 7/17/1995.
See: 27 New Jersey Register 1506(a), 27 New Jersey Register 2685(a).
Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Deleted definitions "Agricultural Conservation Program", "Consolidated Farm Service Agency" and "Soil and Water Conservation Practice"; added definition "Farm Services Agency"; rewrote definitions "New Jersey Bureau of Forest Management," "Soil and water conservation project," "Standards and specifications" and "Technical agency."

N.J. Admin. Code § 2:90-3.3 Eligibility

Any landowner enrolled in a Farmland Preservation Program is eligible to apply for State funding assistance for soil and water conservation projects approved by the State Soil Conservation Committee and promulgated in N.J.A.C. 2:90-2. A farm operator may act as agent for the landowner when so designated in writing by the landowner. Upon the concurrence of the SCD, the landowner may request SCD review and recommendations for State funding assistance prior to formal enrollment in a Farmland Preservation Program provided he has expressed his desire in writing to enroll in such a program and has verified that his land is eligible to be enrolled in such a program as prescribed by the CADB.

History

Amended by R.2000 d.237, effective 6/5/2000.
See: 32 New Jersey Register 1109(a), 32 New Jersey Register 2047(b).
Amended N.J.A.C. reference.
Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Rewrote the section.

N.J. Admin. Code § 2:90-3.4 Application procedure

(a) An applicant shall apply to the appropriate SCD for up to 75 percent of the cost of installing a soil and water conservation practice(s) on the application form as defined in N.J.A.C. 2:90-3.2.

(b) The SCD shall advise the applicant of program provisions and policies and may assist the applicant in providing the appropriate information to complete the application.

(d) A copy of the completed application shall be sent to the CADB for its information.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (a), increased percentage from 50 percent to 75 percent and substituted "practice" for "project."

N.J. Admin. Code § 2:90-3.5 Feasibility review and technical agency referral

(a) The SCD shall seek the assistance of appropriate technical agencies or agents to determine the feasibility of the requested practices to the land.

(b) The technical agency shall review the application and recommend projects that are essential and applicable to the landowners' proposed operation. If the technical agency determines that the requested projects are not feasible and upon the SCD concurrence, the applicant shall be so advised by the district.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (a), substituted "feasibility" for "applicability" and "practices" for "projects."

N.J. Admin. Code § 2:90-3.6 Preparation of conservation plan

(a) A conservation plan shall be developed in consultation with the landowner. The plan shall indicate the proposed practices, their location, schedule for installation, maintenance requirements, and estimated costs.

(b) The completed plan shall be submitted to the SCD for review and approval. The landowner shall be advised by the SCD of action taken on the plan.

(c) The plan may be modified at the landowners request subject to technical agency concurrence and SCD approval. If the applicant determines that the requested practices cannot be completed within the original schedule because of circumstances beyond his control, the applicant may request an extension of time. The request, including reasons why the extension is needed, shall be submitted, in writing, to the SCD. Upon its concurrence, the SCD shall forward such request to the SSCC for implementation. In no case shall extensions be granted for more than 12 months.

(d) If the SCD determines that serious soil and water management problems exist on the applicants' land, it may require that such problems be addressed prior to the initiation of other projects which are not directly related to the observed soil and water management problems. In addition, projects which are dependent upon prior installation of protective practices identified in the plan must be installed in accordance with the plan schedule.

History

Amended by R.1985 d.302, effective 6/17/1985.
See: 17 New Jersey Register 861(b), 17 New Jersey Register 1543(a).
Added (d).
Amended by R.1986 d.190, effective 5/19/1986.
See: 18 New Jersey Register 449(a), 18 New Jersey Register 1099(a).
(c) substantially amended.
Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Rewrote (a) and (b); in (c), substituted "practices" for "projects."

N.J. Admin. Code § 2:90-3.7 Coordination with other cost share programs

(a) Where Federal or other cost-sharing is available, the SCD shall coordinate the appropriate integration of projects. The SCD shall advise the applicant of funding available via other programs and recommend appropriate division of projects in the approved plan to assure maximum utilization of all other funding sources.

(b) No Federal cost share program may be used as the landowner's matching portion of costs for a practice or any other component of a practice funded under the provisions of this program.

(c) No portion of the State cost share program may be used as the landowner's portion of costs for a practice or any component of a practice funded under the provisions of any Federal cost share program.

History

Amended by R.1995 d.382, effective 7/17/1995.
See: 27 New Jersey Register 1506(a), 27 New Jersey Register 2685(a).
Amended by R.2000 d.237, effective 6/5/2000.
See: 32 New Jersey Register 1109(a), 32 New Jersey Register 2047(b).
Deleted former (f) and (g) and added a new (f).
Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Rewrote the section.

N.J. Admin. Code § 2:90-3.8 District approval process

(a) Following review by the technical agencies and coordination with other cost share programs, the SCD shall review the application for program conformance.

(b) Upon verification that all eligibility criteria and other program provisions have been satisfied, the SCD shall approve or conditionally approve the application.

(c) For a project where the applicant provides at least 25 percent of the project cost without county funding assistance, the approved application and W-9 form shall be forwarded by the SCD to the State Soil Conservation Committee for approval. The SCD shall send a copy of the approved application to the CADB for its information.

(d) For a practice where the applicant receives financial assistance from county appropriated funds for the cost of practices, the SCD shall forward the approved application to the CADB for concurrence. Following its approval, the CADB shall forward the application and W-9 form to the SSCC for approval.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Deleted (c); recodified existing (d) and (e) as (c) and (d) and rewrote each.

N.J. Admin. Code § 2:90-3.9 State review and approval process

(a) The SSCC shall review and verify that the application is in conformance with program guidelines.

(b) Following verification, the SSCC shall approve the application and recommend SADC approval and obligation of funds for the entire amount of the approved plan. The SSCC may delegate this authority to the appropriate staff.

(d) The SCD shall advise the applicant and appropriate technical agencies of application approval.

History

Amended by R.1986 d.190, effective 5/19/1986.
See: 18 New Jersey Register 449(a), 18 New Jersey Register 1099(a).
(e) added.
Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (c), added "CADB and landowner and"; deleted (e).

N.J. Admin. Code § 2:90-3.10 Project completion and payment

(a) Upon practice completion, the applicant shall notify the SCD, request payment and provide verification of costs.

(b) The SCD shall secure technical agency verification that the practice has been completed in accordance with technical standards and specifications and also verify applicant's payment claims. If payment claims are satisfactory, the SCD shall forward the payment request with the payment claim voucher, itemized bills, and related documentation that substantiates all costs incurred to the SSCC.

(c) The SSCC shall verify that program provisions have been satisfied prior to recommending SADC payment to the applicant.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (a) and (b), substituted "practice" for "project or project component"; in (a), added "and provide verification of costs" and deleted "and"; in (b), rewrote "applicants" as "applicant's."

N.J. Admin. Code § 2:90-3.11 Maintenance

(a) The applicant shall be responsible for maintaining the practices for eight years following date of completion.

(b) The SCD shall be responsible for inspecting the practice(s) for maintenance in accordance with guidelines provided by the SSCC and the standards and specifications set forth in N.J.A.C. 2:90-1.3.

(c) The applicant shall allow SCD and other program agents reasonable access to the project site for the purpose of site inspections.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (a) and (b), substituted "practice" for "project"; in (b), added N.J.A.C. reference and deleted requirement that annual inspections on five percent of each practice are performed.

N.J. Admin. Code § 2:90-3.12 Violations

(a) If the SCD determines that an applicant fails to comply with the provisions for maintenance of the practice, the SCD shall advise the landowner of required corrective measures. The SCD shall forward a copy of such notification to the SSCC.

(b) The landowner shall not be liable for inadequate maintenance or destruction of a practice if caused by a natural disaster that could not have been reasonably anticipated.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (a) and (b), substituted "practice" for "project."

N.J. Admin. Code § 2:90-3.13 Records

The SCD shall retain application forms, plans, performance reports, and all other related information pertaining to the applicant and approved practices.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Substituted "practices" for "projects."

N.J. Admin. Code § 2:90-4.1 Applicability

(a) through the New Jersey Department of Agriculture (NJDA) Conservation Cost Share Program (CCSP), the State Soil Conservation Committee (SSCC) provides technical, educational, and, when available, financial assistance to eligible farmers to address soil, water, and related natural resources concerns, and to encourage environmental enhancements on their lands in an environmentally beneficial and cost-effective manner. The purposes of the program are achieved through the implementation of structural, vegetative, and land management practices on eligible land.

(b) This program will be integrated with and will complement the USDA Environmental Quality Incentives Program (EQIP) administered by the Natural Resources Conservation Service (NRCS). These rules are closely aligned with EQIP rules, at 7 CFR Part 1466, and establish responsibilities and clarify requirements related to program administration by the State Soil Conservation Committee and the New Jersey Department of Agriculture and the soil conservation districts. To the extent possible, these rules shall be interpreted to achieve maximum compatibility with EQIP. Responsibility and accountability for administration and expenditure of State funds appropriated to this program reside solely with the New Jersey Department of Agriculture, and are allocated to the State Soil Conservation Committee. Full coordination, cooperation and consultation with the 15 soil conservation districts, and the NRCS is expected. Authority for final interpretation of these rules is retained by the SSCC, NJDA.

(c) To the extent that finds are made available in the future, NJDA hereby adopts and incorporates by reference 7 CFR Part 1466, as amended and supplemented.

A copy of 7 CFR Part 1466 may be obtained at http://www.access.gpo.gov/nara/cfr/waisidx02/7cfr146602.html.
A copy of this document is on file in the Director's Office, Division of Agriculture and Natural Resources, New Jersey Department of Agriculture, PO Box 330, Trenton, NJ 08625.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (a), added ", when available,"; in (b), deleted "jointly," "and the Farm Service Agency (FSA)" and "and FSA," decreased number of soil conservation districts from 15 to 16, substituted "CFR" for "C.F.R." and "and" for "," following "district," and made "district" plural; added (c).

N.J. Admin. Code § 2:90-4.2 Administration

(a) CCSP is administered by SSCC in cooperation with the soil conservation districts and the Natural Resources Conservation Service (NRCS) as set forth in (b) and (c) below.

(b) SSCC shall, following consultation with the agencies listed in (a) above:

Provide overall program management and implementation leadership for CCSP;
Establish policies, procedures, priorities, and guidance for program implementation, including determination of priority areas;
Establish cost-share and incentive payment limits;
Determine eligibility of practices;
Provide technical leadership for conservation planning and implementation, quality assurance and evaluation of program performance;
Make funding decisions and determine allocations of program funds;
Be responsible for the administrative processes and procedures for applications, contracting and financial matters, including allocation and program accounting; and
Provide leadership for establishing, implementing, and overseeing administrative processes for applications, contracts, payment processes and administrative and financial performance reporting.

Advise producers within the District of the availability, terms and conditions of CCSP;
Receive applications and approve conservation plans from applicants;
Assist applicants in completing the application;
Coordinate with NRCS and SSCC in the review of applications;
Provide technical assistance to the applicant in the development and implementation of the approved conservation plan and with the installation of conservation practices included in the approved CCSP contract; and

Recommend SSCC approval of the CCSP application and contract.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (a), substituted "and" for "," following "districts" and deleted "and the Farm Service Agency (FSA)"; in (c)4, deleted ", FSA."

N.J. Admin. Code § 2:90-4.3 Definitions

The following definitions shall apply to this subchapter and all documents issued in accordance with this subchapter, unless specified otherwise:

"District or Soil Conservation District" (SCD) means a governmental subdivision of this State organized in accordance with the provisions of N.J.S.A. 4:24-1 et seq.

"Life span" means the period of time specified in the contract or conservation plan during which the conservation management systems or component conservation practices are to be maintained and used for the intended purpose.

"Liquidated damages" means a sum of money stipulated in the contract which the participant agrees to pay if the participant breaches the contract. The sum represents an estimate of the anticipated or actual harm caused by the breach, and reflects the difficulties of proof of loss and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy.

"Operation and maintenance" means work performed by the participant to keep the applied conservation practice functioning for the intended purpose during its life span. Operation includes the administration, management, and performance of non-maintenance actions needed to keep the completed practice safe and functioning as intended. Maintenance includes work to prevent deterioration of the practice, repairing damage, or replacement of the practice to its original condition if one or more components fail.

"Participant" means an applicant who is a party to a CCSP contract.

"State Soil Conservation Committee" (SSCC) means an agency of the State established in accordance with N.J.S.A. 4:24-3 chaired by the New Jersey Secretary of Agriculture. The Chairman of the Committee may act on behalf of the Committee.

History

Amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Deleted definitions "Agricultural land" through "Designated conservationist," "Environmental Quality Incentive Program" through "Land management practice," "Livestock" through "Natural Resources Conservation Service," "Priority area" through "State executive director," "State technical committee" through "Vegetative practice".

N.J. Admin. Code § 2:90-4.4 Contract requirements

(a) In order for a participant to receive cost-share or incentive payments, the participant shall enter into a contract agreeing to implement a conservation plan or portions thereof. SSCC in coordination with the SCD shall determine the eligibility of participants.

(b) A CCSP contract shall:

Incorporate by reference all portions of the conservation plan to be funded through CCSP;
Be for a duration of not less than five years nor more than 10 years;
Incorporate all provisions as required by law or statute, including participant requirements to:

i. Not conduct any practices on the farm unit of concern that would tend to defeat the purposes of the contract;

ii. Refund any program payments received with interest, and forfeit any future payments under the program, on the violation of a term or condition of the contract consistent with N.J.A.C. 2:90-4.8;

iii. Refund all program payments received on the transfer of the right and interest of the producer in land subject to the contract, unless the transferee of the right and interest agrees to assume all obligations of the contract in accordance with N.J.A.C. 2:90-4.7;

iv. Supply information as required by SSCC to determine compliance with the contract and requirements of the program;

Specify the participant's requirements for operation and maintenance of the applied conservation practices.

History

Recodified from N.J.A.C. 2:90-4.10 and amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (a), substituted "the" for "FSA and" and deleted "The SSCC shall use the NRCS ranking and grant final approval of a contract."; in (b)3iii and iv, rewrote N.J.A.C. references; deleted (c) and (d); former N.J.A.C. 2:90-4.4, Program requirements, repealed.

N.J. Admin. Code § 2:90-4.5 Conservation practice operation and maintenance

The contract shall incorporate the operation and maintenance of conservation practices applied under the contract. The participant shall operate and maintain the conservation practice for its intended purpose for the life span of the conservation practice, as identified in the contract or conservation plan, as determined by the SSCC. Conservation practices installed before the execution of a contract, but needed in the contract to obtain the environmental benefits agreed upon, are to be operated and maintained as specified in the contract. NRCS and the SCD may periodically inspect the conservation practice during the life span of the practice as specified in the contract to ensure that operation and maintenance is occurring.

History

Recodified from N.J.A.C. 2:90-4.11 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-4.5, Priority areas and significant Statewide natural resource concerns, repealed.

N.J. Admin. Code § 2:90-4.6 Cost-share and incentive payments

(a) The maximum direct State share of cost-share payments to a participant shall not be more than 75 percent of the projected cost of a structural or vegetative practice. The direct State share of cost-share payments to a participant shall be reduced proportionately below 75 percent, or the cost-share limit as set in (a)2 below, to the extent that total financial contributions for a structural or vegetative practice from all public and private entity sources exceed 100 percent of the projected cost of the practice. The total of all public funding shall not exceed 90 percent of the projected costs of a practice and the direct State share shall be reduced proportionately to assure same.

SSCC shall provide incentive payments to participants for a land management practice in an amount and at a rate necessary to encourage a participant to perform the land management practice that would not otherwise be initiated without government assistance. Such payment shall not be more than 75 percent of the cost of performing a land management practice for the full term of the contract.
SSCC shall set the cost-share and incentive payment limits for CCSP as set forth in (a) and (a)1 above. The SSCC shall consider recommendations of:

i. The designated conservationist, in consultation with the SCD, the local work group and the State technical committee for a priority area; or

ii. The NRCS State conservationist, in consultation with the State technical committee, for participants subject to environmental requirements or with significant Statewide natural resource concerns outside a funded priority area.

Cost-share payments and incentive payments may both be included in a contract.
Cost-share and incentive payments will not be made to a participant who has applied or initiated the application of a conservation practice prior to approval of the contract.

(b) Based upon the integration of CCSP with EQIP as described in N.J.A.C. 2:90-4.1(b), cost share and incentive payments paid to a person shall be based upon the combined total of CCSP and EQIP financial assistance funds as allocated by NJDA/SSCC and USDA/NRCS respectively for any fiscal year. State cost share and incentive payments paid to a person under this section shall be a percentage of the total of the combined CCSP and EQIP payments approved for that person which exactly reflects the percentage of CCSP financial assistance funds allocated to the combined total CCSP and EQIP funds allocated in any fiscal year. Except as provided in (c) below, total cost share and incentive payments from CCSP and EQIP to any person from the combined total of CCSP and EQIP financial assistance funds for any fiscal year shall not exceed $100,000 for any multi-year contract or $30,000 for any fiscal year. The total amount of State cost share and incentive payments paid to a person may not exceed the above described percentage of combined financial assistance funds for any multi-year contract or for any fiscal year.

(c) To determine eligibility for payments, SSCC shall use the provisions in 7 C.F.R. Part 1400 related to the definition of person and the limitation of payments, incorporated herein by reference, except that:

States, political subdivisions, and entities thereof will not be persons eligible for payment;
For purposes of applying the payment limitations provided for in this section, the provisions in 7 C.F.R. Part 1400, subpart C for determining whether persons are actively engaged in farming, subpart E for limiting payments to certain cash rent tenants, and subpart F as the provisions apply to determining whether foreign persons are eligible for payment, will not apply.
The SSCC in consultation with NRCS State conservationist may authorize, on a case-by-case basis, payments in excess of $20,000 in any fiscal year, up to the State maximum approval portion of the combined CCSP and EQIP $100,000 limitation in (b) above. However, such increase in payments for a certain year shall be offset by reductions in the payments in subsequent years. A decision to approve payments in excess of the annual limit will consider whether:

i. The practices in the system need to be applied at once so that the system is fully functioning to resolve the natural resource problem;

ii. The natural resource problem is so severe that resolving the problem immediately is needed;

iii. The producer needs to complete the practices in one year so that the farming operation is not interrupted or disturbed by the practice installation over a five to 10 year period; or

iv. The producer can install the practices at a lower total cost when installed in one year, thereby reducing the program payments;

With respect to land under CCSP contract which is inherited in the second or subsequent years of the contract, the $20,000 fiscal year limitation shall not apply to the extent that the payments from any contracts on the inherited land cause an heir, who was party to a CCSP contract on other lands prior to the inheritance, to exceed the annual limit;

Any cooperative association of producers that markets commodities for producers shall not be considered to be a person eligible for payment; and
The status of an individual or entity on the date of application shall be the basis on which the determination of the number of persons involved in the farming operation is made.

(d) The participant, and the SCD and NRCS, must certify that a conservation practice is completed in accordance with the contract before the SSCC will approve the payment of any cost-share or incentive payments.

History

Amended by R.2000 d.237, effective 6/5/2000.
See: 32 N.J.R. 1109(a), 32 N.J.R. 2047(b).
Rewrote (b).
Recodified from N.J.A.C. 2:90-4.12 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-4.6, Conservation plan, repealed.

N.J. Admin. Code § 2:90-4.7 Contract modifications and transfers of land

(a) The participant and SSCC may modify a contract if the participant and SSCC agree to the contract modification and the conservation plan is revised in accordance with NRCS requirements and is approved by the conservation district.

(b) The parties may agree to transfer a contract with the agreement of all parties to the contract. The transferee must be determined by SSCC to be eligible and shall assume full responsibility under the contract, including operation and maintenance of those conservation practices already installed and to be installed as a condition of the contract.

(c) SSCC may require a participant to refund all or a portion of any assistance earned under CCSP if the participant sells or loses control of the land under a CCSP contract and the new owner or controller is not eligible to participate in the program or refuses to assume responsibility under the contract.

History

Recodified from N.J.A.C. 2:90-4.13 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-4.7, Conservation practices, repealed.

N.J. Admin. Code § 2:90-4.8 Contract violations and termination

(a) If SSCC determines that a participant is in violation of the terms of a contract or documents incorporated by reference into the contract, the SSCC shall give the participant a reasonable time, as determined by the SCD, in consultation with NRCS, to correct the violation and comply with the terms of the contract and attachments thereto. If a participant continues in violation, SSCC may, in consultation with the SCD and NRCS, terminate the CCSP contract.

Notwithstanding the provisions of (a) above, a contract termination shall be effective immediately upon a determination by the SSCC and SCD, in consultation with NRCS, that the participant has submitted false information or filed a false claim, or engaged in any act for which a finding of ineligibility for payments is permitted under the provisions of N.J.A.C. 2:90-4.1 2 or in a case in which the actions of the party involved are deemed to he sufficiently purposeful or negligent to warrant a termination without delay.

(b) If SSCC terminates a contract, the participant shall forfeit all rights for future payments under the contract and shall refund all or part of the payments received, plus interest. The SSCC has the option of requiring only partial refund of the payments received if a previously installed conservation practice can function independently, are not affected by the violation or other conservation practices that would have been installed under the contract, and the participant agrees to operate and maintain the installed conservation practice for the life span of the practice.

If SSCC terminates a contract due to breach of contract or the participant voluntarily terminates the contract before any contractual payments have been made, the participant shall forfeit all rights for further payments under the contract and shall pay such liquidated damages as are prescribed in the contract. The SSCC, will have the option to waive the liquidated damages depending upon the circumstances of the case.
When making all contract termination decisions, SSCC may reduce the amount of money owed by the participant by a proportion which reflects the good faith effort of the participant to comply with the contract, or the hardships beyond the participant's control that have prevented compliance with the contract.
The participant may voluntarily terminate a contract if SSCC agrees based on SSCC's determination that termination is in the public interest.
In carrying out its role under this section, SSCC shall consult with the local conservation district.
In the event a participant fails to comply with any of the terms of the contract and the Department incurs legal or other expenses for the collection of repayments due or the enforcement or performance of any of the participant's obligations under the contract or this subchapter, the participant shall pay these expenses on demand by the Department. The Department shall not be required to mitigate any damages to the participant resulting from the participant's non-compliance with the terms of the participant's non-compliance with the terms of the contract or these regulations.

History

Recodified from N.J.A.C. 2:90-4.14 and amended by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
In (a)1, rewrote N.J.A.C. reference; former N.J.A.C. 2:90-4.8, Technical and other assistance provided by qualified personnel not affiliated with USDA, repealed.

N.J. Admin. Code § 2:90-4.9 Appeals

(a) A participant may request a hearing on any adverse decision under CCSP within 20 days from the receipt of such determination, as follows:

A request for a hearing shall be in writing and shall include:

i. The name, address, telephone number of a contract person familiar with the matter;

ii. A copy of the determination objected to; and

iii. A concise statement listing the material facts in dispute and describing the basis of the participant's objection.

The SSCC shall, within 30 days of receipt of a properly completed request for a hearing, determine whether a hearing will be provided, and will notify the participant in writing of this determination.

(b) Nothing in this section shall be construed to provide a right to a hearing.

Payment rates, payment limits, and cost-share percentages;
The designation of State-approved priority areas, conservation or significant Statewide natural resource concerns;
Eligible conservation practices; and
Other matters of general applicability as set forth in N.J.A.C. 2:90-4.1.

History

Recodified from N.J.A.C. 2:90-4.15 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-4.9, Application for contracts and selecting offers from producers, repealed.

N.J. Admin. Code § 2:90-4.10 Compliance with regulatory measures

Participants who carry out conservation practices shall be responsible for obtaining the authorizations, rights, easements, permits, or other approvals necessary for the implementation, operation, and maintenance of the conservation practices in keeping with applicable laws and regulations. Participants shall be responsible for compliance with all laws and for all effects or actions resulting from the participant's performance under the contract.

History

Recodified from N.J.A.C. 2:90-4.16 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-4.10, Contract requirements, recodified as N.J.A.C. 2:90-4.4.

N.J. Admin. Code § 2:90-4.11 Access to operating unit

Any authorized SSCC or SCD representative shall have the right to enter an operating unit or tract for the purpose of ascertaining the accuracy of any representations made in a contract or in anticipation of entering a contract, as to the performance of the terms and conditions of the contract. Access shall include the right to provide technical assistance and inspect any work undertaken under the contract. The SSCC representative shall make a reasonable effort to contact the participant prior to the exercise of this provision.

History

Recodified from N.J.A.C. 2:90-4.17 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-4.11, Conservation practice operation and maintenance, recodified as N.J.A.C. 2:90-4.5.

N.J. Admin. Code § 2:90-4.12 Misrepresentation and scheme or device

(a) A producer who is determined to have erroneously represented a fact affecting a program determination made in accordance with this subchapter shall not be entitled to contract payments and must refund to SSCC any such payments, plus interest determined in accordance with EQIP rules. The producer's interest in all contracts shall be terminated.

(b) A producer who is determined to have knowingly adopted any scheme or device that tends to defeat the purpose of the program or made fraudulent misrepresentation shall refund to SSCC any contract payment, plus interest determined in accordance with EQIP rules. The producer's interest in all contracts shall be terminated.

History

Recodified from N.J.A.C. 2:90-4.18 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Former N.J.A.C. 2:90-4.12, Cost-share and incentive payments, recodified as N.J.A.C. 2:90-4.6.

N.J. Admin. Code § 2:90-4.13 Reserved

History

Recodified as N.J.A.C. 2:90-4.7 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Section was "Contract modifications and transfers of land."

N.J. Admin. Code § 2:90-4.14 Reserved

History

Recodified as N.J.A.C. 2:90-4.8 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Section was "Contract violations and termination."

N.J. Admin. Code § 2:90-4.15 Reserved

History

Recodified as N.J.A.C. 2:90-4.9 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Section was "Appeals."

N.J. Admin. Code § 2:90-4.16 Reserved

History

Recodified as N.J.A.C. 2:90-4.10 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Section was "Compliance with regulatory measures."

N.J. Admin. Code § 2:90-4.17 Reserved

History

Recodified as N.J.A.C. 2:90-4.11 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R. 917(a).
Section was "Access to operating unit."

N.J. Admin. Code § 2:90-4.18 Reserved

History

Recodified as N.J.A.C. 2:90-4.12 by R.2006 d.12, effective 2/6/2006.
See: 37 N.J.R. 2313(a), 38 N.J.R.917(a).
Section was "Misrepresentation and scheme or device."

Chapter 91 ANIMAL WASTE MANAGEMENT

Subchapter 1 PURPOSE AND SCOPE

N.J. Admin. Code § 2:91-1.1 Purpose and Scope

(a) These rules set forth the requirements for the development and implementation of self-certified Animal Waste Management Plans (AWMPs), high-density AWMPs and Comprehensive Nutrient Management Plans (CNMPs) for farms that generate, handle or receive animal waste. The rules in this chapter require the use of best management practices to protect water quality and public health by:

Controlling animal access to the waters of the State;
Storing manure at least 100 linear feet from surface waters of the State;
Applying manure using proper nutrient management practices;
Minimizing odors from manure storage and application areas;
Controlling vectors and fomites; and
Optimizing the beneficial use of nutrients from manure and bedding materials.

(b) These rules only apply to farms with animals identified in the definition of "livestock" at N.J.A.C. 2:91-2.1 and to farms receiving or applying animal waste. These rules do not apply to facilities regulated by the New Jersey Department of Environmental Protection under N.J.A.C. 7:26 (solid waste management rules), 7:26A (solid waste recycling rules) and 7:14A (CAFO General Permit #NJ0138631).

(c) Aquatic farms that comply with the provisions of the Aquaculture Management Practices at N.J.A.C. 2:76-2A.1 1 and who possess an aquatic farmer license pursuant to N.J.A.C. 2:89 shall be deemed in compliance with the requirements of this chapter.

(d) Nothing in this chapter shall be construed to alter or compromise the goals, purposes, and provisions of, or lessen the protections afforded to farmers by, the Right to Farm Act, P.L. 1983, c. 31 (N.J.S.A. 4:1C-1 et seq.), and any rules adopted pursuant thereto.

(e) Farms having documented evidence of a direct discharge of animal waste into waters of the State, as determined by NJDA following an evidentiary hearing, shall comply with the requirements set forth at N.J.A.C. 2:91-3.6.

History

Amended by 48 N.J.R. 1907(a), effective 9/19/2016

Subchapter 2 DEFINITIONS

N.J. Admin. Code § 2:91-2.1 Definitions

For the purpose of this chapter, the following words and terms shall have the meanings described below, unless the context clearly indicates otherwise.

"Agricultural management practices (AMP)" means practices which have been recommended by the State Agriculture Development Committee, and adopted pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.

"Animal density (AD)" means the number of animal units per acre of available farmland for pasturing animals and other land available for application of animal waste. For purposes of determining available farmland, only farmland actually used for pasturing or in which animal waste is actually applied can be counted, and specifically excludes land containing structures, woodlands and waters of the State.

"Animal unit (AU)" means 1,000 pounds of live body weight calculated on an annual average basis. In lieu of calculating the actual weight of each animal, the following conversion chart may be used for determining the animal units on farm:

Animal Unit Equivalants and manure Production

All Values Calculated from Midwest Plan Service - MWPS-18, 2000 (by the American Society of Agricultural Engineers)

Note: Animals not identified in the list shall be calculated based on species, production goals, breed or accepted species weights as determined by RCE.

Data in image

"Animal waste" means livestock manure and associated bedding materials and animal carcasses from normal mortalities of livestock on a farm. For the purpose of this chapter, animal waste shall be free of plastic, metal, glass, or other non-biodegradable materials with the exception of de minimis quantities that result from agricultural activities. This definition specifically excludes Waste Class 5: Regulated Medical Waste, as found in N.J.A.C. 7:26-3A.6, which includes contaminated animal carcasses, body parts, and associated animal bedding materials that were known to have been exposed to infectious agents during research, including research at veterinary hospitals, production of biologicals, or testing of pharmaceuticals.

"Appropriate agent" means a person outside of the U.S. Department of Agriculture (USDA) who is authorized by NRCS to provide technical assistance in the delivery of technical services to implement agricultural programs in the United States Department of Agriculture authorized by Federal farm legislation.

"Aquaculture" means a form of agriculture involving the propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments, and the subsequent processing, packaging and marketing, and shall include, but is not limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators. Aquaculture is a water dependent activity but shall not include the construction of facilities and appurtenant structures that might otherwise be regulated pursuant to any State or Federal law or regulation.

"Aquatic organism" means an animal or plant of any species or hybrid thereof and includes gametes, seeds, eggs, sperm, larvae, juvenile, and adult stages any of which is required to be in water during that stage of its life. This definition does not include birds and mammals.

"Best management practices (BMPs)" mean activities, procedures and practices prescribed in an AWMP or CNMP which incorporates criteria and standards of the NRCS NJ-FOTG, NJDA BMP Manual or any site specific recommendations made by NJAES.

"Certification" means a written authorization from the Department to implement a CNMP approved by the local district. The certification is valid for five years from the date of issuance.

"Composting" means the aerobic, biological decomposition of organic matter, including manure, leaves, bedding and crop residues. It is a natural process that can be enhanced and accelerated by selecting organic waste "recipes," as set forth in the NJ-FOTG, with proper carbon/nitrogen balance; mixing to provide proper aeration; and monitoring to assure that ideal moisture levels and temperatures are maintained. These extra steps provide optimal conditions for the microbes that transform "raw" on-farm wastes into a relatively stable soil amendment/crop nutrient.

"Comprehensive Nutrient Management Plan (CNMP)" means a conservation plan that is a grouping of conservation practices and management activities which will help to ensure that both production and natural resource protection goals are achieved on the farm. The CNMP shall conform to the NRCS NJ-FOTG and be approved by the District in accordance with N.J.A.C. 2:91-3.6.

"Confined areas" means housed lots, feedlots, confinement houses, stall barns, milk rooms, milking centers, cowyards, barnyards, medication pens, dry lots, exercise yards and stables.

"Department" means the New Jersey Department of Agriculture.

"District" or "Soil Conservation District" means a soil conservation district established in accordance with the Soil Conservation Act, N.J.S.A. 4:24-1 et seq., which is the official soil conservation district for the county or region in which the farm is located. Contact information for each local soil conservation district can be found at http://www.state.nj.us/dep/dwq/pdf/soilcondist.pdf. For the purposes of these rules, the District is an agent of the Department.

"Farm" means parcels of land where livestock is housed, kept, stabled, confined, fed, or otherwise maintained or any parcel that receives or applies animal waste. A farm may include parcels owned, leased or otherwise available to a person.

"Fomite" means inanimate objects that serve to carry infections or toxins from one animal to another.

"High-density Animal Waste Management Plan (High-density AWMP)" means the plan developed by the farm operator utilizing the NJDA BMP Manual, for the management of animal waste. The plan shall be reviewed by the local soil conservation district to ensure conformance with the NJ-FOTG in accordance with N.J.A.C. 2:91-3.5.

"Land application" means the application of animal waste on land for the purpose of soil improvement and utilization of nutrients by plants.

"Livestock" means all aquaculture organisms, cattle, horses, ponies and other domestic equidae (mules and similar members of the horse family), swine, sheep, goats, llama, poultry, fowl, ratites (big birds such as emus, ostriches), rabbits and small ruminants as defined in N.J.A.C. 2:8-1.2(a).

"Natural Resources Conservation Service (NRCS)" means the technical agency of the USDA, authorized by Public Law 46 of the 74th Congress (7 U.S.C. § 6962) for the conservation of agricultural and related natural resources. Contact information for the New Jersey NRCS field offices can be found at http://www.nj.nrcs.usda.gov/contact/.

"New Jersey Agricultural Experiment Station (NJAES)" means an arm of Rutgers, the State University, conducting research in agriculture and related natural resources, as authorized by N.J.S.A. 4:16-1 and N.J.S.A. 18A:65-3.

"New Jersey Department of Agriculture Best Management Practices Manual (NJDA BMP Manual)" means the document entitled "On-Farm Strategies to Protect Water Quality," which was published in 2003, utilized as a planning and assessment tool for agricultural best management practices, published by the New Jersey Association of Conservation Districts, in cooperation with the Department, SSCC, and USDA-NRCS which is available by contacting New Jersey Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625.

"New Jersey Field Office Technical Guide (NJ-FOTG)" means the USDA-NRCS technical reference, as amended and supplemented, customized for the State of New Jersey, prescribing practices and standards for the conservation and management of soil, water and related natural resources which is available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ.

"Pasture" means land where 70 percent or more of the area is in vegetative cover that is used as a source of nutrition and exercise for livestock.

"Person" means any natural individual, society, association, board, venture, partnership, corporation, limited liability company, cooperative, company, organization, institution and governmental instrumentality recognized by law for any purpose whatsoever.

"Rutgers Cooperative Extension (RCE)" means an arm of Rutgers, the State University, providing educational services in agriculture and related natural resources.

"Self-Certified Animal Waste Management Plan (self-certified AWMP)" means the plan developed by the farm operator utilizing the NJDA BMP Manual for the management of animal waste in accordance with N.J.A.C. 2:91-3.4. The plan shall be self-certified by the owner or operator and the declaration page filed with RCE.

"State Agriculture Development Committee (SADC)" means the committee established pursuant to N.J.S.A. 4:1C-4 et seq.

"State Soil Conservation Committee (SSCC)" means the committee established pursuant to the Soil Conservation Act, N.J.S.A. 4:24-1 et seq.

"Technical service provider (TSP)" means NRCS-certified professionals outside of the USDA that help agricultural producers apply conservation practices on the land pursuant to 16 U.S.C. § 3842(b).

"USDA" means the United States Department of Agriculture.

"Vector" means a living organism that serves to carry infections or toxins from one animal to another.

"Waters of the State" means all surface and ground waters in New Jersey but does not include closed system aquatic farms.

"Woodland" means an area of land covered with a large and thick collection of growing trees.

History

Amended by 48 N.J.R. 1907(a), effective 9/19/2016

Subchapter 3 ANIMAL WASTE MANAGEMENT REQUIREMENTS

N.J. Admin. Code § 2:91-3.1 General requirements

(a) With the exception of aquatic farms, no farm shall allow livestock in confined areas to have access to waters of the State unless such access is controlled in accordance with part IV of the NJDA BMP Manual, incorporated herein by reference as the chapter Appendix.

Copies of the NJDA BMP Manual may be obtained by contacting the local District or one of the NRCS Field Offices or by contacting RCE at Rutgers Cooperative Extension, Rutgers, The State University of New Jersey, 88 Lipman Drive, New Brunswick, NJ 08901-8525.
A copy of this document is also on file in the NJDA office in the Division of Agricultural and Natural Resources, Health and Agriculture Building, Market and Warren Streets, Trenton, NJ 08625.

(b) Manure storage areas shall be located at least 100 linear feet from surface waters of the State, measured perpendicular to the watercourse from the top of bank outwards. Manure storage areas shall avoid slopes five percent or greater and be designed to eliminate direct point source discharges to waters of the State, except for stormwater discharges to surface water that occurs above a 25-year, 24-hour storm event.

(c) Land application of animal waste shall be performed in accordance with the principles of the New Jersey Department of Agriculture (NJDA), Best Management Practices (BMP) Manual Part IV.

(d) No livestock that have died from a reportable contagious disease listed in N.J.A.C. 2:2-1.1 or as a result of an act of bio-terrorism shall be disposed of, composted or made part of any land application without first contacting the State Veterinarian. In addition, no animal waste associated with livestock that have died from a reportable contagious disease listed in N.J.A.C. 2:2-1.1 or as a result of an act of bio-terrorism shall be disposed of, composted or made part of any land application without first contacting the State Veterinarian.

(e) Any person entering a farm to conduct official business related to these rules shall follow the bio-security protocol set forth below.

Vehicle: To avoid transporting infectious agents or toxins from one farm to another, vehicles shall be driven and parked in areas to avoid surfaces traveled by animals, farm equipment and farm vehicles. Car windows shall remain closed to prevent flying insects from getting inside vehicle.
Protective clothing: Clean cloth or disposable Tyvek coveralls shall be worn at each site. Cleaned and disinfected rubber boots or disposable boots are required. These items shall be changed or cleaned and disinfected between sites. If more than one species or group is housed on a site, each area shall be treated as a different site.
Equipment: All equipment shall be thoroughly cleaned and disinfected upon arrival and prior to leaving a site, except that new equipment, if clean, need not be disinfected upon arrival.
Order of inspection: The owner or manager of the site shall be consulted to determine the order for the site visitation. The areas with the lowest risk of exposure to infectious agents shall be visited first.

Cleaning: All organic debris (urine, feces) shall be removed and surfaces that have been exposed to organic debris must be thoroughly washed preceding disinfection to be effective. Disinfectants shall be applied only after removal of contaminated organic matter. Detergents shall be used on non-disposable boots and equipment to facilitate the removal of organic debris from these objects. Tools used to clean these items must also be cleaned and then disinfected prior to additional use. Washed surfaces shall be allowed to dry before applying disinfectants. Efficient cleaning removes almost 99 percent of the agent from a contaminated object.

Disinfecting: Detergents shall be rinsed off thoroughly prior to the application of disinfectants to avoid any potentially hazardous chemical reactions. The use of disinfectants that have the broadest spectrum of activity, including efficacy on porous surfaces with organic debris, and contact safety is ideal. No single disinfectant will satisfy all considerations. Disinfectant properties should be evaluated with regard to the intended areas of use. Disinfectants shall be allowed to remain on treated surfaces for a minimum of seven minutes.

History

Amended by 48 N.J.R. 1907(a), effective 9/19/2016

N.J. Admin. Code § 2:91-3.2 Aquatic farms

(a) Aquatic farms which comply with the Aquaculture Management Practices Manual set forth at N.J.A.C. 2:76-2A.1 1 and who possess an aquatic farmer license pursuant to N.J.A.C. 2:89 shall be deemed in compliance with the requirements of this chapter.

An electronic copy of the Aquaculture Management Practices is available at http://www.jerseyseafood.nj.gov/aquacultureamp.pdf.
A copy of this document is on file in the NJDA office of the Director, Division of Agricultural and Natural Resources, Health and Agriculture Building, Market and Warren Streets, Trenton, NJ

N.J. Admin. Code § 2:91-3.3 Farms with one to seven animal units (AUs)

(a) Farms with one to seven AUs are required to implement the general requirements at N.J.A.C. 2:91-3.1 by March 16, 2010.

(b) Farms with one to seven AUs are encouraged, but not required, to develop and implement a self-certified AWMP in accordance with N.J.A.C. 2:91-3.5.

(c) New farms or farms meeting the one to seven AU threshold after March 16, 2009, shall implement the general requirements at N.J.A.C. 2:91-3.1 within 12 months of date when the farm meets the one to seven AU threshold.

History

Amended by 48 N.J.R. 1907(a), effective 9/19/2016

N.J. Admin. Code § 2:91-3.4 Farms with eight to 299 animal units (AUs) with animal densities (ADs) less than or equal to one AU per acre

(a) Farms with eight to 299 AUs and ADs less than or equal to one AU per acre shall:

Implement the general requirements at N.J.A.C. 2:91-3.1 by March 16, 2010;
Develop a self-certified AWMP consistent with the NJDA BMP Manual by September 16, 2010; and
Implement the plan completely by March 16,

(b) New farms or farms meeting the AU and AD thresholds after March 16, 2009, shall implement the general requirements at N.J.A.C. 2:91-3.1 within 12 months of date they meet the AU and AD thresholds in this section and shall implement the requirements of this section within 36 months from the date the farm reaches the thresholds set forth in this section.

The name, physical address and phone number of the farm;
The owner or operator name, address, signature and date;
Records of action plan activities as set forth in worksheet E of the NJ-BMP Manual;
A list of BMPs proposed;
The size and location of manure storage area(s);
The size and location of composting area(s);
The Premises Identification Number as assigned by USDA (if available); and
Nutrient management records for each field. Records must include:

i. The field number, field name, physical address or other means of identification;

ii. The number of acres;

iii. The crop-yield;

iv. The type of manure applied, the date of application, and the weather conditions;

v. The total amount of manure applied;

vi. The date manure is incorporated into the field;

vii. The type of fertilizer applied, the date of application, and the weather conditions; and

viii. A declarations page meeting the requirements of (e) below.

(d) The self-certified AWMP shall be developed by the farm owner or operator or a person authorized to act on their behalf.

(e) A copy of the self-certified AWMP shall be signed by the owner or operator and the declaration page shall be filed with RCE. RCE will provide a copy of the declaration page to the NJDA.

The declaration page shall include the following statement:

"Certification: I hereby certify that I am the operator of the above identified farm, (as defined in N.J.A.C. 2:91). I further certify that I have developed and implemented a Self-Certified Animal Waste Management Plan for this farm in accordance with the requirements of N.J.A.C. 2:91.

I further certify that the foregoing statements made by me are true and the information provided in this document is true, accurate and complete. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment, including, but not limited to the penalties contained in N.J.A.C. 2:91-4.1."

Incidents involving false swearing or false reporting in the documents required by these rules may be referred by the Department for prosecution pursuant to N.J.S.A. 2C:28-3.

(f) A copy of the self-certified AWMP shall be retained on the farm.

(g) The owner or operator shall review and update the plan and make changes as necessary for continued conformance with the NJDA BMP manual.

(h) Should the AD increase to greater than one AU per acre, or the number of AUs exceed 299, the owner or operator shall be required to comply with the requirements set forth in N.J.A.C. 2:91-3.5 or 3.6, respectively.

N.J. Admin. Code § 2:91-3.5 Farms with eight to 299 animal units with animal densities greater than one AU per acre

(a) Farms with eight to 299 AUs and AD greater than one AU per acre shall:

Implement the general requirements at N.J.A.C. 2:91-3.1 by March 16, 2010;
By September 16, 2010, develop a high-density AWMP consistent with NJDA BMP Manual and the NJ-FOTG standards, incorporated herein by reference, and submit to the local district for review. If the high-density AWMP meets the NJ-FOTG standards, then the SCD will approve the plan.

i. Copies of the NJ-FOTG are available from the NRCS Field Offices and the State Office at 220 Davidson Ave, 4th Floor, Somerset, NJ 08873.

ii. An electronic copy of this document is available at http://www.nrcs.usda.gov/technical/efotg/.

iii. A copy of this document is also on file in the NJDA Office of the Director, Division of Agricultural and Natural Resources, New Jersey Department of Agriculture, Health and Agriculture Building, Market and Warren Streets, Trenton, New Jersey 08625;

File the original high-density AWMP with the local NRCS office once approved by the local district;
Retain a copy of the approved high-density AWMP on the farm; and
Implement the plan completely by March 16, 2012.

(b) A high-density AWMP shall include, but not be limited to, the following:

The name, physical address and phone number of the farm;
The owner or operator name, address, signature and date;
Records of action plan activities as set forth in worksheet E of the NJ - BMP Manual;
The list of BMPs proposed;
The size and location of manure storage area(s);
The size and location of composting area(s);
The Premises Identification Number as assigned by USDA (if available); and
The Nutrient management record for each field. Records must include:

i. The field number, field name, physical location or other means of identification;

ii. The number of acres;

iii. The crop-yield;

iv. The type of manure applied, the date of application, and the weather conditions;

v. The total amount of manure applied;

vi. The date manure is incorporated into the field; and

vii. The type of fertilizer applied, the date of application, and the weather conditions.

(d) The owner or operator shall review and update the plan and make changes as necessary for continued conformance with the NJDA BMP manual and the NJ-FOTG.

(e) Should the number of AUs exceed 299, the owner or operator shall be required to comply with the requirements set forth in N.J.A.C. 2:91-3.6.

(f) New farms or farms meeting the AU and AD thresholds after March 16, 2009 shall implement the general requirements at N.J.A.C. 2:91-3.1 within 12 months of date they meet the AU and AD thresholds in this section and shall implement the requirements of this section within 36 months from the date the farm reaches the thresholds set forth in this section.

N.J. Admin. Code § 2:91-3.6 Farms with 300 or more animal units (AUs)

(a) Farms with 300 or more animal units shall:

Implement the general requirements at N.J.A.C. 2:91-3.1 by March 16, 2010; and
Develop a CNMP in consultation with the NRCS, TSP, or an appropriate agent, which conforms to the NJ-FOTG, and submit the CNMP to the local District for review and approval in accordance with (b) and (c) below.

i. Copies of the NJ-FOTG are available from the NRCS Field Offices and the State Office at 220 Davidson Ave, 4th Floor, Somerset, NJ 08873.

ii. An electronic copy of the NJ-FOTG is available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ.

iii. A copy of this document is on file in the NJDA Office of the Director, Division of Agricultural and Natural Resources, New Jersey Department of Agriculture, Health and Agriculture Building, Market and Warren Streets, Trenton, New Jersey 08625.

(b) If a District approved CNMP was developed and implemented between October 1, 2001 and March 16, 2009, full implementation of such plan shall suffice to comply with these rules until modifications are needed to the plan in accordance with (g) below.

The name, physical address and phone number of the farm;

The owner or operator name, address, signature and date;

The Premises Identification Number as assigned by USDA (if available);

Manure and wastewater handling and storage that addresses collection, storage, treatment and/or transfer practices;

Land treatment practices;
Nutrient management that identifies source, amount, timing and method of application of nutrients by field;
Recordkeeping that documents and demonstrates implementation activities associated with CNMPs;
Feed management activities that address nutrient reduction in manure; and
Other utilization activities.

(d) The District shall approve the CNMP when it is in conformance with the standards and criteria of the NJ-FOTG. Once approved by the District, the owner or operator shall provide a copy of the CNMP to the Department for certification along with a signed authorization releasing the plan to the Department on a form provided by the NRCS for this purpose.

(e) Upon receiving the approved CNMP, the Department shall issue a certification to the applicant. The Department shall retain a copy of the certification and CNMP and mail the original to the owner or operator. The owner or operator shall retain a copy of the certification and CNMP on the farm.

(f) The certification shall be valid for a period of five years. An application for certificate renewal shall be filed with the Department on forms developed by the Department for such purposes no later than 30 days prior to the expiration of the certification.

(g) The owner or operator shall review the CNMP annually to assure compliance with the rules. An updated CNMP shall be filed within 30 days of the occurrence an increase in the number of AUs by 25 percent. All revised CNMPs shall comply with the provisions of (c) through (f) above.

(h) By March 16, 2012, the CNMP shall be completely implemented.

(i) New farms and/or farms meeting the 300 AUs or more threshold after March 16, 2009 shall implement the general requirements at N.J.A.C. 2:91-3.1 within 12 months of date they meet the 300 or more AUs threshold and shall implement (a) through (h) above within 36 months from the date the farm reaches the 300 or more AUs threshold.

N.J. Admin. Code § 2:91-3.7 Farms receiving or applying less than 142 tons of animal waste per year

(a) Farms receiving or applying less than 142 tons of animal waste per year are required to implement the general requirements at N.J.A.C. 2:91-3.1 by March 16, 2010.

(b) Farms receiving or applying less than 142 tons of animal waste per year are encouraged, but not required to develop and implement a self-certified Animal Waste Management Plan (AWMP) in accordance with N.J.A.C. 2:91-3.4.

(c) Should the amount of manure received or applied increase to 142 tons or more of animal waste per year, the owner or operator shall be required to comply with the requirements set forth in N.J.A.C. 2:91-3.8.

(d) New farms or existing farms who begin receiving or applying animal waste after March 16, 2009 shall implement (a) above within 12 months from the date the farm begins receiving or applying animal waste.

N.J. Admin. Code § 2:91-3.8 Farms receiving or applying 142 or more tons of animal waste per year

(a) Any farm that receives or applies 142 tons or more of animal waste per year shall:

Implement the general requirements at N.J.A.C. 2:91-3.1 by March 16, 2010;
Develop a self-certified AWMP by September 16, 2010, in accordance with N.J.A.C. 2:91-3.4;
Implement the plan completely by March 16, 2012; and
Maintain the following recordkeeping requirements for hauling:

i. Records of the dates of transfer and quantities of manure; and

ii. Records of the names and addresses of the sources of manure.

(b) New farms or farms that begin receiving or applying 142 tons or more animal waste annually after March 16, 2009, shall implement the general requirements at N.J.A.C. 2:91-3.1 within 12 months of the date they meet the thresholds in this section and shall implement the requirements of this section within 36 months from the date the farm reaches the thresholds set forth in this section.

N.J. Admin. Code § 2:91-3.9 Exemptions

(a) The following are not subject to these rules:

An agricultural event or fair approved pursuant to N.J.A.C. 2:33-1.3 that is held within the State of New Jersey;

Any person that handles animal waste other than animal waste from livestock, including, but not limited to, dog kennels regulated pursuant to N.J.A.C. 8:23A and game farms regulated pursuant to N.J.A.C. 7:25-4;

Veterinarian hospitals or clinics operated by persons licensed pursuant to N.J.A.C. 13:44;

Temporary petting zoos;
Concentrated animal feeding operations and concentrated aqautic animal production facilities regulated by the New Jersey Department of Environmental Protection (NJDEP) pursuant to N.J.A.C. 7:14A-2.1 3 and 2.14;
Any person regulated by NJDEP under N.J.A.C. 7:26 (solid waste management rules); and
Any person regulated by NJDEP under N.J.A.C. 7:26A (solid waste recycling rules).

N.J. Admin. Code § 2:91-3.10 Confidentiality

The New Jersey Department of Agriculture will hold confidential any information included in a self-certified AWMP, high-density AWMP and CNMP, which constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under 7 CFR Part 205.501 and 205.504 or the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.

Subchapter 4 PENALTIES AND ENFORCEMENT

N.J. Admin. Code § 2:91-4.1 Penalty and enforcement provisions

(a) The Department shall investigate alleged violations of the rules and take appropriate action, which may include, but is not limited to, the following:

Any person who violates any provision of this chapter, or the requirements of a self-certified AWMP, high-density AWMP or CNMP developed pursuant to this chapter, shall be liable for a civil administrative penalty of up to $ 1,000 per day for each violation as determined pursuant to the procedures set forth in this section.
Where non-compliance is found, the Department may allow the owner or operator up to 60 days to address or correct the non-compliance before imposing a civil administrative penalty. The length of time available to correct the non-compliance shall be based on the following factors:

i. Inability to perform the corrective action due to circumstances beyond the persons control, including but not limited to weather conditions, need for professional assistance and need for special machinery to complete the corrective action;

ii. Whether temporary corrective action can mitigate the non-compliance;

iii. The severity of the non-compliance based upon the point system as set forth in (c) below;

iv. The severity of the environmental impact caused by the non-compliance; and

v. Any other mitigating factor.

(b) If a self-certified AWMP, high-density AWMP or CNMP has been developed but not fully implemented, the Department shall determine the status of compliance with this chapter. Where non-compliance is found, the Department shall issue a civil administrative penalty in accordance with (c) below.

(c) The Department shall use the factors described below to determine the amount of a civil administrative penalty under this section. The standards below assign each violation a point value. The total number of points is used to determine the penalty amount per day for each violation. The factors, and the point values assigned to them, are as follows:

The seriousness of the violation shall be classified as major, moderate or minor and assigned points as follows:

i. Major conduct shall include an intentional, deliberate, purposeful, knowing or willful act or omission by the violator and is assigned three points;

ii. Moderate conduct shall include any unintentional but foreseeable act or omission by the violator and is assigned two points; and

iii. Minor conduct shall include any conduct not identified in (c)1i or ii above and is assigned one point.

The management plan type shall be assigned points as follows:

i. A violation impacting a self-certified AWMP is assigned one point;

ii. A violation impacting a high-density AWMP is assigned two points; and

iii. A violation impacting a CNMP is assigned three points.

(d) The Department shall sum the total points assigned according to the factors in (c) above, and shall determine the penalty amount per day using the following table:

| Penalty Points Table | Maximum Penalty Amount | | --- | --- | | Total Points | Per Day | | 2 | $ 250 | | 3 | $ 500 | | 4 | $ 750 | | 5 or more | $ 1,000 |

(e) If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.

(f) For a violation under this section, the Department may adjust up or down the daily civil administrative penalty amount based on the following factors:

The violator's compliance history;

The nature, timing and effectiveness of measures the violator takes to mitigate the effects of the violation;

The nature, timing and effectiveness of measures the violator takes to prevent future similar violations;

Any unusual or extraordinary costs or impacts directly or indirectly imposed on the public or the environment as a result of the violation; and/or
Other specific circumstances of the violator or violation.

(g) No assessment shall be levied until after the party has been notified by certified mail or personal service and has been provided an opportunity for a hearing as outlined in (j) below.

(h) Any amount assessed shall take into account the seriousness and duration of the violation and whether the violation involves the failure to develop or to implement a self-certified AWMP, high-density AWMP or CNMP and shall also provide for an enhanced penalty of double the amount of the original penalty if the violation causes an impairment to water quality as determined by the Department using the criteria set forth in N.J.A.C. 7:9B-1.1 4 and N.J.S.A. 7:9C-1.7. Any civil administrative penalty assessed under this section may be compromised by the Secretary of Agriculture upon the posting of a performance bond by the violator, or upon such terms and conditions as the Secretary in consultation with the State Board of Agriculture may establish.

(i) Any person who fails to pay a civil administrative penalty in full shall be subject, upon order of a court, to a civil penalty of up to $ 1,000 for each violation. Each day that the person fails to pay the penalty shall constitute an additional, separate, and distinct offense. Any such civil penalty imposed may be collected with costs in a summary proceeding pursuant to the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.).

(j) Anyone who is aggrieved by a determination pursuant to this section shall, upon written request transmitted to the Department within 20 days of that determination, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and the Uniform Administrative Procedure Rules N.J.A.C. 1:1.

Requests for hearings shall be sent to Director, Division of Agricultural and Natural Resources, N.J. Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625-0330.

Chapter 92 AGRICULTURAL DEVELOPMENT IN THE HIGHLANDS

Subchapter 1 PURPOSE

N.J. Admin. Code § 2:92-1.1 Purpose

(a) This chapter establishes the practice standards and quality criteria that must be met for Farm Conservation Plans or Resource Management System Plans for agricultural or horticultural development which would increase, either individually or cumulatively, new agricultural impervious cover by three percent or more of the total land area of a Farm Management Unit, triggering the thresholds in the Highlands Preservation Area, established in the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 et seq.

(b) Nothing in this chapter shall be construed to alter or compromise the goals, purposes, policies, and provisions of, or lessen the protections afforded to farmers by, the Right to Farm Act, P.L. 1983, c. 31 (N.J.S.A. 4:1C-1 et seq.), and any rules or regulations adopted pursuant thereto.

(c) The requirements of these rules apply only to the percentage of the total land area of the farm management unit either individually or cumulatively within the Highlands Preservation Area.

Subchapter 2 DEFINITIONS

N.J. Admin. Code § 2:92-2.1 Definitions

For the purpose of this chapter, the following terms shall have the meanings described below, unless the context clearly indicates otherwise:

"Agricultural or horticultural development" means construction for the purposes of supporting common farmsite activities, including, but not limited to: production, harvesting, storage, grading, packaging, processing, and the wholesale and retail marketing of crops, plants, animals, and other related commodities and the use and application of techniques and methods of soil preparation and management, fertilization, weed, disease, and pest control, disposal of farm waste, irrigation, drainage and water management, and grazing.

"Agricultural impervious cover" means agricultural or horticultural buildings, structures, or facilities with or without flooring, residential buildings and paved areas, but shall not mean temporary coverings.

"Appropriate agent" means a person outside of U.S. Department of Agriculture (USDA) who is authorized by NRCS to provide technical assistance in the delivery of technical services to implement Farm Bill Programs.

"DEP" means the New Jersey Department of Environmental Protection.

"Department" or "NJDA" means the New Jersey Department of Agriculture.

"Farm Conservation Plan" means a site specific plan that prescribes needed land treatment and related conservation and natural resource management measures, including forest management practices, that are determined to be practical and reasonable for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity and the control and prevention of non-point source pollution.

"Farm Management Unit" means a parcel or parcels of land, whether contiguous or noncontiguous, together with agricultural or horticultural buildings, structures and facilities, producing agricultural or horticultural products, and operated as a single enterprise.

"Highlands Act" means the Highlands Water Protection and Planning Act, N.J.S.A. 13:20-1 et seq.

"Highlands Preservation Area" means that portion of the Highlands region so designated by subsection b of section 7 of the Highlands Water Protection and Planning Act (N.J.S.A. 13:20-7).

"Local Soil Conservation District" means a soil conservation district established in accordance with the Soil Conservation Act, N.J.S.A. 4:24-1 et seq., which is regionally located and has jurisdiction on a county or multi-county basis.

"Natural Resources Conservation Service (NRCS)" means the technical agency of the USDA, authorized by Public Law 46 of the 74th Congress for the conservation of agricultural and related natural resources.

"New Jersey Field Office Technical Guide (NJ-FOTG)" means the USDA-NRCS technical reference, customized for the State of New Jersey, prescribing practices and standards for the conservation and management of soil, water and related natural resources.

"Resource Management System (RMS) Plan" means a site specific farm conservation plan that:

Prescribes needed land treatment and related conservation and natural resources management measures, including forest management practices, for the conservation, protection, and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point source pollution; and

Establishes criteria for resources sustainability of soil, water, air, plants, and animals.

"State Soil Conservation Committee (SSCC)" means the committee established pursuant to the Soil Conservation Act, N.J.S.A. 4:24-1 et seq.

"Technical Service Provider (TSP)" means NRCS certified professionals outside of the U.S. Department of Agriculture (USDA) that help agricultural producers apply conservation practices on the land.

"Temporary coverings" mean permeable, woven and non-woven geotextile fabrics that allow for water infiltration or impermeable materials that are in contact with the soil and are used for no more than two consecutive years.

"USDA" means the United States Department of Agriculture.

Subchapter 3 FARM CONSERVATION PLAN

N.J. Admin. Code § 2:92-3.1 Farm Conservation Plan requirements

(a) Agricultural or horticultural development that results, individually or cumulatively, in at least three percent but less than nine percent increase in new agricultural impervious cover to the total land area of the Farm Management Unit since enactment of the Highlands Act (August 10, 2004) requires the development and implementation of a Farm Conservation Plan approved in accordance with this section.

Prior to any development activity, the owner or operator of a farm management unit or his agent shall develop a farm conservation plan with the assistance of the NRCS, TSP or an appropriate agent in conformance with Sections III and IV of the June 1, 2005 NRCS NJ-FOTG, as amended and supplemented, which is hereby adopted and incorporated by reference.

i. Copies of the NJ-FOTG are available from the NRCS Field Offices and the State Office at 220 Davidson Ave, 4th Floor, Somerset, NJ 08873.

ii. An electronic copy of the NJ-FOTG is available at http://www.nrcs.usda.gov/technical/efotg/.

iii. A copy of this document is on file in the NJDA office of the Director, Division of Agricultural and Natural Resources, P.O. Box 330, Trenton, NJ 08625.

The following shall be contained in the Farm Conservation Plan submitted for approval:

i. The name, address, block(s) and lot(s) of the operation and the name and telephone number of the emergency contact;

ii. The owner or operator's name, signature and date;

iii. A soil map;

iv. An aerial photograph or diagram of the field;

v. Identification of soil, water and animal resources, specifically, threatened and endangered species;

vi. A list of conservation practices to be implemented;

vii. The location and schedule for applying new practices;

viii. Records of plan implementation activities;

ix. A plan for operation and maintenance; and

x. Any other site-specific information necessary for plan certification.

The Farm Conservation Plan shall be reviewed, and if appropriate, approved by the local Soil Conservation District. Plans developed in consultation with entities other than the NRCS or TSP must be reviewed by NRCS for approval prior to submission to the local Soil Conservation District for review.
The local Soil Conservation District shall transmit a copy of the approved plan to the State Soil Conservation Committee. If any part of the Farm Management Unit is preserved under any farmland preservation program, the local Soil Conservation District shall also transmit a copy of the plan to the State Agriculture Development Committee.
The local Soil Conservation District shall approve the Farm Conservation Plan if it finds that the plan meets the NJ-FOTG Quality Criteria (Section III) and Practice Standards (Section IV) for soil, water and animal resource concerns, specifically threatened and endangered species.
The Farm Conservation Plan shall be executed in accordance with the implementation schedule contained in the approved plan.
Anyone aggrieved by a decision of the Soil Conservation District shall have an opportunity to appeal in accordance with N.J.A.C. 2:90-1.6.
Anyone who is aggrieved by the determination made in accordance with (a)7 above shall, upon written request transmitted to the Department within 20 days of that determination, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

i. Requests for hearings shall be sent to Director, Division of Agriculture and Natural Resources, N.J. Department of Agriculture, PO Box 330, Trenton, New Jersey 08625-0330.

Subchapter 4 RESOURCE MANAGEMENT SYSTEM PLAN

N.J. Admin. Code § 2:92-4.1 Resource Management System Plan requirements

(a) Agricultural or horticultural development that results, individually or cumulatively, in at least nine percent or more of new agricultural impervious cover to the total land area of the Farm Management Unit since enactment of the Highlands Act (August 10, 2004) requires the development and implementation of a Resource Management System Plan in accordance with this section.

Prior to any development activity, the owner or operator of a farm management unit or his agent shall develop a Resource Management System Plan with the assistance of the NRCS, TSP or appropriate agent in conformance with the June 1, 2005 NRCS NJ-FOTG, as amended and supplemented, which is hereby adopted and incorporated by reference.

i. Copies of the NJ-FOTG are available from the NRCS Field Offices and the State Office at 220 Davidson Ave, 4th Floor, Somerset, NJ 08873.

ii. An electronic copy of the NJ-FOTG is available at http://www.nrcs.usda.gov/technical/efotg/.

iii. A copy of this document is on file in the NJDA office of the Director, Division of Agricultural and Natural Resources, P.O. Box 330, Trenton, NJ 08625.

The following shall be contained in the RMS plan submitted for approval:

i. The name, address, block(s) and lot(s) of the operation and the name and telephone number of the emergency contact;

ii. The owner or operator's name, signature and date;

iii. A soil map;

iv. An aerial photograph or diagram of the field;

v. Identification of soil, water, air, plant and animal resources including endangered and threatened species;

vi. A list of conservation practices to be implemented;

vii. The location and schedule for applying new practices;

viii. Records of plan implementation activities;

ix. A plan for operation and maintenance; and

x. Any other site-specific information necessary for plan certification.

Upon receipt and prior to approval, the local Soil Conservation District will transmit a copy of the Resource Management System Plan to the DEP, who must review and approve it with or without conditions or deny it within 60 days of receipt.
The Resource Management System Plan shall be reviewed, and if appropriate, approved by the local Soil Conservation District. Plans developed by entities other than the NRCS or TSP must be reviewed by NRCS for approval prior to submission to the local Soil Conservation District for review.
The local Soil Conservation District shall transmit a copy of the approved plan to the State Soil Conservation Committee. If any part of the Farm Management Unit is preserved under any farmland preservation program, the local Soil Conservation District shall also transmit a copy of the plan to the State Agriculture Development Committee.
The local Soil Conservation District shall approve the RMS plan if it finds that it meets the NJ-FOTG Quality Criteria and Standards for soil, water, air, plants and animal resources.
The Resource Management System Plan shall be executed in accordance with the implementation schedule contained in the approved plan.
Anyone aggrieved by a decision of the local Soil Conservation District shall have an opportunity to appeal in accordance with N.J.A.C. 2:90-1.6.
Anyone who is aggrieved by the determination made in accordance with (a)8 above shall, upon written request transmitted to the Department within 20 days of the determination, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

i. Requests for hearings shall be sent to Director, Division of Agriculture and Natural Resources, N.J. Department of Agriculture, PO Box 330, Trenton, New Jersey 08625-0330.

Subchapter 5 PENALTIES AND ENFORCEMENT

N.J. Admin. Code § 2:92-5.1 Penalty and enforcement provisions

(a) Any person who violates N.J.S.A. 13:20-29.a, or any provision of this chapter, or the requirements of a Farm Conservation Plan or Resource Management System Plan developed pursuant to this chapter, shall be liable to a civil administrative penalty of up to $ 5,000 for each violation pursuant to the procedures set forth in this section to determine the amount of the penalty.

(b) Pursuant to N.J.S.A. 13:20-29.b.(1), the Department or the local Soil Conservation District may institute a civil action in the Superior Court for injunctive relief to prohibit and prevent the violation(s) and the court may proceed in a summary manner.

(c) If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.

(d) The Department shall use the factors described below to determine the amount of a civil administrative penalty under this section. The standards below assign each violation a point value. The total number of points is used to determine the penalty amount per day for each violation. The factors, and the point values assigned to them, are as follows:

The seriousness of the violation shall be classified as major, moderate or minor and assigned points as follows:

i. Major violation shall include an intentional, deliberate, purposeful, knowing or willful act or omission by the violator and is assigned three points;

ii. Moderate violation shall include any unintentional but foreseeable act or omission by the violator and is assigned two points; and

iii. Minor violation shall include any violation not identified in (d)1i or ii above and is assigned one point.

The percentage of agricultural impervious cover shall be assigned points as follows:

i. A violation impacting nine percent or more new agricultural impervious cover is assigned two points; and

ii. A violation impacting at least three percent but less than nine percent new agricultural impervious cover is assigned one point.

(e) The Department shall sum the total points assigned according to the factors in (d) above, and shall determine the penalty amount per day using the following table:

| Penalty points table | | | --- | --- | | Penalty Amount | | | Total Points | Per Day | | 5 or more | $ 5,000 | | 4 | $ 4,000 | | 3 | $ 3,000 | | 2 | $ 2,000 |

(f) The Department shall investigate alleged violations of the rules and take appropriate action, which may include, but is not limited to, the following:

Assessment of a civil administrative penalty pursuant to (c), (d) and (e) above, or opportunity to correct the violation pursuant to (f)2 below.
If a Farm Conservation Plan or Resource Management System Plan has been developed, but not fully implemented, the Department shall determine the status of compliance with the plan. Where a violation is found, the Department may allow 60 days to correct the violation, before imposing a civil administrative penalty.

(g) For a violation under this section, the Department may adjust the daily civil administrative penalty amount based on the following factors:

The violator's compliance history;
The nature, timing and effectiveness of measures the violator takes to mitigate the effects of the violation;
The nature, timing and effectiveness of measures the violator takes to prevent future similar violations;
Any unusual or extraordinary costs or impacts directly or indirectly imposed on the public or the environment as a result of the violation; and/or
Other specific circumstances of the violator or violation.

(h) No assessment shall be levied until after the party has been notified by certified mail or personal service and has been provided an opportunity for a hearing, in accordance with N.J.A.C. 2:1-3.1 0(a).

(i) Any amount assessed shall take into account the seriousness and duration of the violation and whether the violation involves the failure to prepare or to implement a Farm Conservation Plan or Resource Management System Plan and shall also provide for an enhanced penalty if the violation causes an impairment to water quality, depending on the severity of the impairment. Any civil administrative penalty assessed under this may be adjusted by the Secretary of Agriculture upon the posting of a performance bond by the violator, or upon such terms and conditions as the Secretary may establish by regulation.

(j) Any person who fails to pay a civil administrative penalty in full shall be subject, upon order of a court, to a civil penalty of up to $ 5,000 for each violation. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense. Any such civil penalty imposed may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (N.J.S.A. 2A:58-10 et seq.).

(k) All penalties collected pursuant to this chapter shall either be used, as determined by the Highlands Water Protection and Planning Council (Highlands Council), by the State Agriculture Development Committee for the preservation of farmland in the preservation area or by the State development transfer bank used or established by the Highlands Council to purchase development easements/credits in the preservation area.

The Department will forward quarterly reports to the Highlands Council and the State Agriculture Development Committee detailing any civil penalties collected pursuant to these rules.

(l) Anyone who is aggrieved by a determination pursuant to this section shall, upon written request transmitted to the Department within 20 days of that determination, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

Requests for hearings shall be sent to Director, Division of Agriculture and Natural Resources, N.J. Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625-0330.

N.J. Admin. Code Tit. 2, ch. 4 MEAT AND POULTRY INSPECTION: INSPECTION OF RED MEAT AND RED MEAT PRODUCTS AND INSPECTION OF POULTRY AND POULTRY PRODUCTS

History

SOURCE AND EFFECTIVE DATE:
R.1971 d.145, effective 8/26/1971.
See: 3 New Jersey Register 175(a).
CHAPTER HISTORICAL NOTE:
On August 24, 1971, the State Board of Agriculture adopted by reference the rules and regulations of the United States Department of Agriculture Consumer and Marketing Service as published in the Federal Register, volume 35, number 193, dated Saturday, October 3, 1970, part II, and any subsequent changes to those rules and regulations promulgated in the Federal Register, wherever applicable to the State of New Jersey.

Chapter 48 GENERAL PROVISIONS

N.J. Admin. Code Tit. 2, ch. 48, subch. 5 RESERVED

Chapter 16 CERTIFICATION

N.J. Admin. Code Tit. 2, ch. 16, subchs. 4 through 6 RESERVED

N.J. Admin. Code Tit. 2, ch. 7 RESERVED

History

HISTORICAL NOTE:
All provisions of this Chapter 7 "Poultry and Turkey Improvement Plans" became effective prior to 9/1/1989.
1978 Revisions: Repeals to sections 5 and 6 became effective 11/21/1978 as R.1978 d.402. See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
1983 Revisions: This chapter was readopted pursuant to Executive Order 66(1978), effective 9/29/1983 as R.1983 d.454. See: 15 New Jersey Register 1206(a), 15 New Jersey Register 1754(d).
1986 Revisions: Amendments became effective 10/20/1986 as R.1986 d.430. See: 18 New Jersey Register 1508(a), 18 New Jersey Register 2123(a).
1989 Revisions: This chapter expired on 9/29/1988 pursuant to Executive Order No. 66(1978).

N.J. Admin. Code Tit. 2, chs. 11 through 15 RESERVED

N.J. Admin. Code Tit. 2, ch. 22 RESERVED

History

CHAPTER HISTORICAL NOTE:
Chapter 22, Insect Control, consisting of Subchapter 1, Wax Scale, was adopted as R.1974 d.130, effective 5/30/1974. See: 6 New Jersey Register 166(a), 6 New Jersey Register 254(a). Subchapter 2, Mediterranean Fruit Fly, was adopted as R.1981 d.508, effective 1/18/1982. See: 13 New Jersey Register 550(a), 14 New Jersey Register 101(a). Subchapter 3, Africanized Honeybee, was adopted as R.1986 d.200, effective 6/2/1986. See: 18 New Jersey Register 585(a), 18 New Jersey Register 1192(b). Pursuant to Executive Order No. 66(1978), Chapter 22 expired on 1/18/1987.
Chapter 22, Insect Control, was adopted as R.1987 d.274, effective 7/6/1987. See: 19 New Jersey Register 479(a), 19 New Jersey Register 1184(a).
Pursuant to Executive Order No. 66(1978), Chapter 22 was readopted as R.1992 d.294, effective 6/26/1992. See: 24 New Jersey Register 1662(a), 24 New Jersey Register 2556(a).
Pursuant to Executive Order No. 66(1978), Chapter 22, Insect Control, was readopted as R.1997 d.212, effective 4/25/1997. See: 29 New Jersey Register 719(a), 29 New Jersey Register 2265(a). As a part of R.1997 d.212, effective 5/19/1997, Chapter 22 was recodified as N.J.A.C. 2:20-3 through 6.

Chapter 76 STATE AGRICULTURE DEVELOPMENT COMMITTEE

N.J. Admin. Code Tit. 2, ch. 76, subch. 27 [RESERVED]

History

Adopted by 49 N.J.R. 3585(a), effective 11/20/2017, expired 12/2/2023

N.J. Admin. Code Tit. 2, chs. 26 through 30 RESERVED

N.J. Admin. Code Tit. 2, ch. 35 RESERVED

History

CHAPTER HISTORICAL NOTE:
Chapter 35, Collection of Promotion Taxes, was adopted and became effective prior to 9/1/1969.
Chapter 35, Collection of Promotion Taxes, was readopted as R.2006 d.438, effective 11/21/2006. See: 38 N.J.R. 3095(c), 38 N.J.R. 5350(a).
In accordance with N.J.S.A. 52:14B-5.1b, Chapter 35, Collection of Promotion Taxes, expired on 11/21/2013. See: 43 N.J.R. 1203(a).

N.J. Admin. Code Tit. 2, chs. 37 through 47 RESERVED

N.J. Admin. Code Tit. 2, ch. 49 RESERVED

History

AUTHORITY: Unless otherwise expressly noted, all provisions of this chapter were adopted pursuant to authority of N.J.S.A. 4:12A-1 et seq. and were filed and became effective prior to September 1, 1969. Revisions which deleted the entire text of this chapter were filed on November 15, 1976, as R.1976 d.359 to become effective on January 1, 1977. See: 8 New Jersey Register 450(b), 8 New Jersey Register 542(c).

N.J. Admin. Code Tit. 2, ch. 51 RESERVED

History

CHAPTER HISTORICAL NOTE:
Chapter 51, Reports and Records, was filed and became effective prior to 9/1/1969. Chapter 51 was repealed by R.1976 d.359, effective 1/1/1977. See: 8 New Jersey Register 450(b), 8 New Jersey Register 542(c).
Chapter 51, Emergency State Milk Order Price, was adopted as Emergency New Rule, R.1991 d.322, effective 5/31/1991 (operative June 1, 1991). See: 23 New Jersey Register 1966(b). The provisions of R.1991 d.322 were readopted without change as R.1991 d.448, effective 7/29/1991. See: 23 New Jersey Register 1966(b), 23 New Jersey Register 2498(b).
Pursuant to N.J.A.C. 2:51-3.1, Chapter 51, Emergency State Milk Order Price, expired on 5/31/1992.
Chapter 51, Emergency State Milk Order Price, was adopted as Emergency New Rule, R.1998 d.45, effective 12/16/1997, to expire February 14, 1998. See: 30 New Jersey Register 238(a). The provisions of R.1998 d.45 were readopted as R.1998 d.132, effective 2/6/1998. See: 30 New Jersey Register 238(a), 30 New Jersey Register 1037(a). Pursuant to Executive Order No. 66(1978) and a Decision Not to Readopt, Chapter 51, Emergency State Milk Order Price, expired on 6/30/1998. See: 30 New Jersey Register 2617(a).

N.J. Admin. Code Tit. 2, ch. 54 RESERVED

History

CHAPTER HISTORICAL NOTE:
Chapter 54, State-Federal Milk Marketing Orders, was filed and became effective prior to 9/1/1969. Chapter 54, State-Federal Milk Marketing Orders, was repealed and a new Chapter 54, State-Federal Milk Marketing Orders, was adopted by R.1980 d.285, effective 7/1/1980. See: 12 N.J.R. 300(a), 12 N.J.R. 450(d).
Administrative change: Pursuant to Reorganization Plan No. 003-2002, the Division of Dairy Industry was renamed Division of Marketing and Development, effective 2/27/2003. See: 35 N.J.R. 3(a), 35 N.J.R. 1539(b).
In accordance with N.J.S.A. 52:14B-5.1a, Chapter 54, State-Federal Milk Marketing Orders, expired on 7/1/2006.

N.J. Admin. Code Tit. 2, chs. 57 through 66 RESERVED

N.J. Admin. Code Tit. 2, ch. 67 RESERVED

History

CHAPTER HISTORICAL NOTE:
Unless otherwise expressly noted, all provisions of Subchapter 1 were adopted pursuant to authority delegated at N.J.S.A. 4:11-26 and were filed and became effective 2/19/1974, as R.1974 d.42. See: 5 N.J.R. 363(a), 6 N.J.R. 96(b).
Chapter 67, Administration, expired on 7/1/2006.

N.J. Admin. Code Tit. 2, ch. 73 RESERVED

History

CHAPTER HISTORICAL NOTE:
Chapter 73, State Seal Program became eff. 7/23/1969.
1973 Revisions: Amendments became effective 3/30/1973 as R.1973 d.88. See: 5 New Jersey Register 74(a), 5 New Jersey Register 134(c).
1976 Revisions: Amendments became effective 7/1/1976, as R.1976 d.357. See: 7 New Jersey Register 494(a), 8 New Jersey Register 2(b).
1978 Revisions: Amendments became effective 7/6/1978 as R.1978 d.222. See: 10 New Jersey Register 218(a), 10 New Jersey Register 314(b). Amendments which deleted the text of Subchapters 1, 4, 5 and 6 became effective 11/21/1978 as R.1978 d.402. See: 10 New Jersey Register 416(a), 11 New Jersey Register 2(b).
1983 Revisions: This chapter was readopted pursuant to Executive Order 66(1978), effective 7/18/1983 as R.1983 d.313. See: 15 New Jersey Register 584(a), 15 New Jersey Register 1245(b).
1988 Revisions: This chapter (except for Subchapter 3. Milk, Official State Seal which expires on July 18, 1988) was readopted pursuant to Executive Order 66(1978) effective 7/8/1988 as R.1988 d.372. See: 20 New Jersey Register 956(a), 20 New Jersey Register 1872(b).
Subchapter 3, Milk, Official State Seal expired pursuant to Executive Order No. 66(1978) effective 9/1/1988. Subchapter 2, Eggs, Official State Seal, was repealed by R.1991 d.432, effective 8/19/1991. See: 23 New Jersey Register 1729(a), 23 New Jersey Register 2500(a).

N.J. Admin. Code Tit. 2, ch. 75 RESERVED

History

CHAPTER HISTORICAL NOTE:
Unless otherwise expressly noted, all provisions of Chapter 75 were adopted pursuant to authority delegated at N.J.S.A. 4:10-5 and 4:10-19.
Administrative change: Pursuant to Reorganization Plan No. 003-2002, the Division of Regulatory Services was renamed Division of Marketing and Development, effective 2/27/2003. See: 35 N.J.R. 3(a), 35 N.J.R. 1539(b).
Chapter 75, Use of New Jersey Map Symbol, expired on 7/1/2006.

N.J. Admin. Code Tit. 2, chs. 79 through 84 RESERVED

N.J. Admin. Code Tit. 2, ch. 85 RESERVED

History

CHAPTER HISTORICAL NOTE:
This chapter formerly contained rules concerning the Agricultural Preserve Demonstration Program. All provisions of the chapter were adopted pursuant to authority of N.J.S.A. 4:1B-1 et seq. and were filed and became eff. 1/26/1977, as R.1977 d.20. See: 8 New Jersey Register 506(a), 9 New Jersey Register 62(b). See, also: 9 New Jersey Register 110(c). The chapter was subsequently repealed because of the Farmland Preservation Bond Act, the Right to Farm Act and the Agriculture Retention and Development Act. The repeal of the chapter became eff. 6/6/1983 as R.1983 d.169. See: 15 New Jersey Register 371(a), 15 New Jersey Register 889(a).

N.J. Admin. Code Tit. 2, chs. 86 through 88 RESERVED

Chapter 71 GRADES AND STANDARDS

Subchapter 4 JERSEY FRESH MATCHED FUNDS PROGRAM

N.J. Admin. Code Tit. 2, ch. 71, subch. 4, app A

NEW JERSEY DEPARTMENT OF AGRICULTURE APPLICATION FOR "JERSEY FRESH" DEVELOPMENT AND/OR PROMOTIONAL FUNDS

The undersigned hereby applies for matched funds to be used in market development programs and/or promotion of New Jersey grown or produced agricultural commodities during calendar year ________.

In consideration of the receipt of such funds, the undersigned agrees:

To provide an equal amount of monetary funds for the specified purpose.
To use the New Jersey Department of Agriculture Jersey Fresh promotion theme, slogan and/or logo in conjunction with their programs. (Logo "Slick Sheets" will be provided.)
To submit to the New Jersey Department of Agriculture a notarized listing of expenditures at the completion of the promotional program.

ORGANIZATION ______________________________________

ADDRESS _____________________________________________

CITY _________________ STATE ___________ ZIP _________

TELEPHONE ________ VENDOR FEDERAL ID # ________

SIGNATURE ___________________________ DATE ________

AMOUNT OF MATCHED FUNDS REQUESTED FROM THE NEW JERSEY DEPARTMENT OF AGRICULTURE $ _________

SCHEDULED DATE OF EVENT (IF APPLICABLE) ______

Return this application by __________ to Director, New Jersey Department of Agriculture,

Division of Markets, PO Box 330, Trenton, New Jersey 08625-0330. PLEASE BE SURE TO ATTACH A W-9 FORM.

Purpose of Organization

Please describe your organization, its purpose or mission.

JERSEY FRESH MATCHED FUNDS APPLICATION

PART II

(Use separate sheets as needed)

Explain in detail how your proposed project will benefit the New Jersey Agricultural Industry, and complement the existing Jersey Fresh program.
Include the estimated number of people, projected participants, audience, or targeted individuals (i.e., the number of people who you anticipate benefiting from your project).
Outline promotional program and provide a breakdown of estimated costs of all components of the program.

History

Amended by 55 N.J.R. 2471(a), effective 12/18/2023

Chapter 1 ADMINISTRATION

Subchapter 4 DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE

N.J. Admin. Code Tit. 2, ch. 1, subch. 4, app APPENDIX APPENDIX

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History

Adopted by 46 N.J.R. 1631(a), effective 7/7/2014.

Chapter 71 GRADES AND STANDARDS

Subchapter 4 JERSEY FRESH MATCHED FUNDS PROGRAM

N.J. Admin. Code Tit. 2, ch. 71, subch. 4, app B

NEW JERSEY DEPARTMENT OF AGRICULTURE AFFIDAVIT OF PERFORMANCE

The undersigned hereby acknowledges the receipt of $ _________ on or about ______________ from the New Jersey Department of Agriculture used in a program of market development, promotion, and/or education of New Jersey grown or produced agricultural commodities.

The undersigned attests that he/she/it contributed monetary funds to at least match (on a dollar for dollar basis) those provided by the New Jersey Department of Agriculture in the amount of $ ___________ and that a total of $ ___________ was expended for the following program(s).

The following is an itemization of all expenditures directly incurred with the use of Jersey Fresh Matched Funds. ATTACH PAID INVOICES, CANCELED CHECKS OR OTHER RECEIPTS which show your total expenditures. (Attach additional sheets as required.)

ORGANIZATION ______________________________________

ADDRESS _____________________________________________

CITY _________________ STATE ___________ ZIP _________

SIGNATURE __________________________ TITLE ________

Subscribed and sworn to before me

this ___________ day of ______________ 19___.

Notary Public of New Jersey

RETURN THIS FORM BEFORE __________ to Director, NJ Department of Agriculture, Division of Markets, PO Box 330, Trenton, New Jersey 08625-0330.

History

Amended by 55 N.J.R. 2471(a), effective 12/18/2023

Chapter 76 STATE AGRICULTURE DEVELOPMENT COMMITTEE

Subchapter 10 APPRAISAL HANDBOOK STANDARDS

N.J. Admin. Code Tit. 2, ch. 76, subch. 10, app C

LAND SALE COMPARATIVE RATING GRID

| Sale No. | 1 | 2 | 3 | | --- | --- | --- | --- | | Sale Price | $ ....... | $ ....... | $ ....... | | Reflects in Units | $ ......./AC | $ ......./AC | $ ......./AC | | Date of Sale | ....... | ....... | ....... | | Conditions of Sale | .......% | .......% | .......% | | Financing | .......% | .......% | .......% | | Time Adjustment | ....... | .......% | .......% | | Total Adjustment | .......% | .......% | .......% | | Adjusted Sales Price | $ ....... | $ ....... | $ ....... | | Location | .......% | .......% | .......% | | Size | ....... | ....... | ....... | | Frontage | ....... | ....... | ....... | | Topography | ....... | ....... | ....... | | Zoning | ....... | ....... | ....... | | Easements | ....... | ....... | ....... | | Wetlands | ....... | ....... | ....... | | (Hydrologically | | | | | limited areas) | | | | | Soils | ....... | ....... | ....... | | Other | ....... | ....... | ....... | | Net Adjustment | ....... | .......% | .......% | | Value Indicated to | | | | | Subject by Unit | $ ......./AC | $ ......./AC | $ ......./AC |