N.J. Stat. tit. 4, ch. 1

in effect

N.J. Stat. § 4:1-1 Department constituted a principal department in executive branch

The Department of Agriculture, hereinafter in this chapter referred to as the "department," created and established by the act entitled "An act to establish a department of agriculture, and to prescribe its powers and duties," passed March twenty-ninth, one thousand nine hundred and sixteen (L.1916, c. 268, p. 561), together with its amendments and supplements, is continued and is hereby constituted a principal department in the executive branch of the State Government. It shall have a common seal and shall exercise the powers and perform the functions and duties conferred and devolved in this Title. Amended by L.1948, c. 447, p. 1777, s. 1.

N.J. Stat. § 4:1-2 Personnel of department

The department shall consist of: a. A State Board of Agriculture, which shall be the head of the department; b. A Secretary of Agriculture, who shall be the principal executive officer of the department; c. An assistant Secretary of Agriculture; d. A Division of Animal Health; e. A Division of Markets; f. A Division of Plant Industry; g. A Division of Dairy Industry; h. Such other divisions and bureaus as may be created as provided in section 4:1-17 of this Title; and i. The officers and employees authorized to be appointed and employed. Amended by L.1948, c. 447, p. 1778, s. 2; L.1967, c. 175, s. 1, eff. July 25, 1967; L.1968, c. 358, s. 1, eff. Dec. 2, 1968.

N.J. Stat. § 4:1-3 § 4:1-3

The state house commission shall provide the department with suitable and convenient offices, furniture and equipment, sufficient to accommodate it and to allow its work to be conveniently and efficiently performed.

N.J. Stat. § 4:1-4 Membership; terms; expenses

The State Board of Agriculture, hereinafter in this chapter referred to as the "board," shall consist of eight citizens of this State. Two members shall be chosen each year for terms of four years beginning on July first following their selection and appointment and until their successors are appointed and qualified. Among the membership of the board there shall be at all times at least one member representing each of the four leading agricultural commodities produced within the State. Only those engaged in the production of farm crops or livestock products in New Jersey shall be eligible for appointment to membership on the board. The members shall serve without compensation but they shall be reimbursed for their actual expenses incurred in attending the meetings of the board and in the performance of their other duties. Amended by L.1944, c. 202, p. 722, s. 1.

N.J. Stat. § 4:1-4.1 Removal; members; secretary

Any member of the State Board of Agriculture may be removed from office by the Governor, for cause, upon notice and opportunity to be heard. The Secretary of Agriculture may be removed from office by the Governor, upon notice and opportunity to be heard. L.1948, c. 447, p. 1778, s. 3, supplementing c. 1, Title 4.

N.J. Stat. § 4:1-5 Annual convention to elect members

At a convention to be held once in each year in the State of New Jersey, delegates chosen as provided in section 4:1-6 of this Title shall assemble and elect, by a majority vote of the delegates present, two farmers to be recommended to the Governor for appointment to the board, with the advice and consent of the Senate, to fill the vacancies caused by the expiration of terms of office. The delegates to the convention may determine the validity of the selection and qualifications of a delegate, and a majority of all delegates shall constitute a quorum. The board shall determine the time and place for holding each convention, and the president of the board, or in his absence the vice-president, shall serve as the presiding officer at the convention and shall be entitled to vote in case of tie. The delegates to the convention shall review the problems associated with the agricultural industry of the State in whatever manner they see fit, and through resolutions or other means shall recommend to the Department of Agriculture and to other agencies of the State and nation programs to be followed for the welfare of the agricultural interests of the State. Amended by L.1944, c. 202, p. 722, s. 2.

N.J. Stat. § 4:1-6 Agricultural convention delegates.

4:1-6. Each county board of agriculture shall be entitled to be represented in the annual convention by two delegates. Each of the following organizations shall be entitled to be represented in the annual convention by one delegate: American Cranberry Growers' Association, Board of Managers of the New Jersey Agricultural Experiment Station, Cook College of Rutgers, The State University, The Cooperative Marketing Associations in New Jersey, Inc., Cultivated Sod Association of New Jersey, Inc., Garden State Dairy Goat Association, Inc., Garden State Milk Council, Garden State Service Cooperative Association, Inc., Horse Park of New Jersey at Store Tavern Inc., Morgan Horse Association of New Jersey, New Jersey Angus Association, Inc., New Jersey Agricultural Society, Inc., New Jersey Apple Institute, Inc., New Jersey Aquaculture Association, New Jersey Association of Agricultural Fairs, New Jersey Beekeepers' Association, Inc., New Jersey Christmas Tree Growers' Association, New Jersey Commercial Fisherman's Association, New Jersey Farmers Direct Marketing Association, Inc., New Jersey Farm Bureau, Inc., New Jersey FFA Alumni Association, Grain and Forage Producers' Association of New Jersey, Inc., New Jersey Guernsey Breeders' Association, Inc., New Jersey Hereford Association, New Jersey Holstein-Friesian Association, Inc., New Jersey Horse Council, New Jersey Livestock Cooperative Association, Inc., New Jersey Nursery and Landscape Association, New Jersey Nursery and Landscape Association -- Metropolitan Chapter, New Jersey Peach Council, New Jersey Peach Promotion Council, Inc., New Jersey Plant and Flower Growers Association, Inc., New Jersey Pony Breeders and Owners, Inc., New Jersey Quarter Horse Association, New Jersey Sheep and Wool Cooperative Association, Inc., New Jersey State Florists' Association, Inc., New Jersey State Grange, Patrons of Husbandry, Inc., New Jersey State Horticultural Society, Inc., New Jersey State Potato Association, Inc., New Jersey State Poultry Association, Inc., New Jersey State Sweet Potato Industry Association, Inc., New Jersey Turkey Association, New Jersey Veterinary Medical Association, New Jersey Vocational Agriculture Teachers Association, each Pomona Grange, Patrons of Husbandry, Standardbred Breeders and Owners Association of New Jersey, Inc., Thoroughbred Breeders' Association of New Jersey, Tru-Blu Cooperative Association, Inc., South Jersey Flower Growers Association, Inc., and the Vegetable Growers Association of New Jersey, Inc. The State Board of Agriculture may designate additional organizations that shall be entitled to be represented by one delegate each at the annual convention. Prior to the time fixed for the holding of the annual convention each of the organizations entitled to representation shall choose from its members the authorized number of delegates and certify to the convention their qualifications as such. The credentials shall be filed with the proper convention officer or committee, and upon the acceptance thereof by the convention such persons shall have all the rights and powers of delegates. Amended 1939, c.73; 1942, c.71; 1945, c.98; 1950, c.98; 1952, c.66; 1965, c.61; 1972, c.189; 1976, c.57; 1981, c.284; 1986, c.67; 1993, c.265, s.1; 1997, c.236, s.25; 1997, c.312.

N.J. Stat. § 4:1-7 Vacancies

In the manner provided in section 4:1-5 of this Title, any vacancy in the membership of the board arising from death or resignation, shall be filled, for the unexpired term only, by election of a farmer by the convention for recommendation to the Governor for appointment by him, with the advice and consent of the Senate. A vacancy arising when the convention is not in session may be filled temporarily by appointment by the Governor on the recommendation of the remaining members of the board. The person so appointed shall serve temporarily until the vacancy is filled in the manner prescribed in this section. Amended by L.1944, c. 202, p. 723, s. 3.

N.J. Stat. § 4:1-8 Certification to governor of names of members elect

The Secretary of Agriculture shall certify the names of those elected by the convention to the Governor for appointment, with the advice and consent of the Senate, and for the issuance of commissions for the term for which each has been chosen. Amended by L.1944, c. 202, p. 723, s. 4.

N.J. Stat. § 4:1-9 President and vice-president of board

As soon as may be, following the qualification of members in each year, the board shall organize by electing one of its members as president and one as vice-president, to serve as such until the organization of the board in the following year. The vice-president shall exercise the powers and perform the duties of the president, in his absence. Amended by L.1944, c. 202, p. 724, s. 5.

N.J. Stat. § 4:1-10 Secretary and assistant secretary of board

The Secretary of Agriculture shall serve as secretary of the Board. The assistant secretary of the board, in the absence of the secretary, shall exercise all his powers and perform all his duties. Amended by L.1939, c. 40, p. 57, s. 1.

N.J. Stat. § 4:1-11 § 4:1-11

The board may establish rules and regulations for its own proceedings and for the government and control of the department, the officers and employees therein and the performance by them of their duties.

N.J. Stat. § 4:1-11.1 Rules, regulations

3. The board may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) such rules and regulations as may be necessary to carry out the provisions of this Title, including the amendment of fees and penalties authorized pursuant to this Title. L.1993, c.265, s.3; amended 2002, c.34, s.1.

N.J. Stat. § 4:1-11.2 Rules, regulations.

3. The State Board of Agriculture shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to provide for the buying and selling of agricultural or horticultural products, and baked goods or other food products that are baked or made with "Jersey Fresh" products, at service areas along toll roads in the State that may be transported in or out of State from those service areas. L.2008, c.40, s.3; amended 2010, c.111, s.2.

N.J. Stat. § 4:1-12 Assignment of functions and duties; supervision

The board shall assign to the various divisions, bureaus, officers and employees, their proper functions and duties and either directly, or through the secretary, supervise and control the performance thereof. Amended by L.1950, c. 293, p. 990, s. 1.

N.J. Stat. § 4:1-13 Appointment and compensation of officers and employees

The board, with the approval of the Governor, shall appoint the secretary of agriculture, and in conjunction with the secretary may appoint an assistant secretary of agriculture and shall appoint the directors of divisions, the chiefs of the various bureaus, the inspectors, veterinarians, experts and all other officers, agents and employees of the department, except the clerks and stenographers attached thereto. The board, upon the advice and recommendation of the secretary, shall fix the compensation of all officers and employees subject to the provisions of Title 11, Civil Service, except where otherwise provided by statute. Amended by L.1939, c. 40, p. 57, s. 2; L.1944, c. 202, p. 724, s. 6; L.1950, c. 293, p. 991, s. 2.

N.J. Stat. § 4:1-14 Annual report by board to legislature

The secretary shall lay before the board the reports of the directors of divisions which are required by section 4:1-19 of this Title to be presented, and the board shall incorporate the same, or so much thereof as it shall deem pertinent and proper, together with such additional matter pertaining to the work of the department and the promotion of the agricultural interests of the State as it may determine, in an annual report to be submitted by it to the following session of the Legislature. Amended by L.1950, c. 293, p. 991, s. 3.

N.J. Stat. § 4:1-15 Appointment; functions in general

The Secretary of Agriculture shall be appointed by the board, with the approval of the Governor. He shall receive such salary as shall be provided by law. The Secretary of Agriculture shall administer, direct and cause to be performed the functions and duties of the department. Amended by L.1944, c. 202, p. 724, s. 7; L.1962, c. 65, s. 1, eff. July 1, 1962.

N.J. Stat. § 4:1-16 § 4:1-16

The secretary shall appoint the necessary clerks and stenographers and other employees of the department, whose appointment or employment has not been vested in the board, and assign to them their proper duties and compel the efficient performance thereof. He shall act as the secretary of the board, and his signature to any executive or administrative order shall be a sufficient authority for the execution thereof.

N.J. Stat. § 4:1-17 Creation and functions

For the economic and efficient execution and performance of its powers and duties the board may create a Division of Animal Health, a Division of Markets, a Division of Plant Industry and such other divisions and bureaus as it may from time to time deem necessary and proper, and may assign to each division and bureau its proper functions and secure the performance thereof. Each division and bureau shall consist of such officers and employees as the board may designate. Amended by L.1945, c. 204, p. 701, s. 1; L.1950, c. 293, p. 991, s. 4; L.1967, c. 175, s. 2, eff. July 25, 1967.

N.J. Stat. § 4:1-18 Authority and duties of directors of divisions

The director of each division shall be its executive and administrative head, subject to the supervision and control of the secretary of agriculture, and the signature of each director to any executive or administrative order within the scope of his duties shall be a sufficient authority therefor; but the board may, by rule or regulation, prescribe the limits within which any division director may act without the sanction and approval of the secretary or the board itself. Amended by L.1950, c. 293, p. 992, s. 5.

N.J. Stat. § 4:1-19 Annual reports by chiefs to secretary

The director of each division shall, on or before October first in each year, present to the secretary a report of the work of the department under his charge and supervision, together with his recommendations for the extension, improvement or more efficient performance thereof. Amended by L.1950, c. 293, p. 992, s. 6.

N.J. Stat. § 4:1-20 Ascertainment and dissemination of information

The department may investigate, ascertain and publish information and statistics relating to the promotion of agriculture and the advancement of agricultural interests in the various branches thereof, as it may deem proper, including: a. The acreage under cultivation in general and as to specific crops or agricultural use; b. Crop adaptation of land; c. Agricultural land for sale and its adaptation; d. The improvement of agricultural methods tending to advance the quantity and quality of agricultural products; e. Improvement in transportation; f. Establishment of markets; g. Rates; h. Irrigation and drainage of lands used for agricultural purposes; and i. Any and all subjects connected with or related to the agricultural interests, present and future, of this state. The department may use for the publication and distribution of the information and statistics collected by it such methods as may seem to it best adapted to the efficient dissemination thereof, either with or without charge therefor as it may determine. In order to collect and disseminate reliable and useful information, and to encourage a higher standard in the agriculture and horticulture of the state, the department may cause to be made experimental and practical tests of specific remedies or cures of diseases of domestic animals and poultry, and of plants, vegetables and fruits, and insects injurious thereto.

N.J. Stat. § 4:1-20.1 Reciprocal agreements with other states covering shipments of nursery stock

The Department of Agriculture through the Secretary of Agriculture shall have power to make reciprocal agreements with the responsible officials of other States under which nursery stock or plants from any other State may be sold or delivered in New Jersey under the same conditions required for the sale or delivery of New Jersey nursery stock or plants in the States concerned. L.1941, c. 112, p. 256, s. 1.

N.J. Stat. § 4:1-20.2 Information published on Department of Agriculture website.

1. a. The Department of Agriculture shall publish on its Internet website the location and contact information for every winery licensed in New Jersey. The department shall additionally post on its Internet website a link to any list of wineries that has been published on any other State agency Internet website, including, but not limited to, the website maintained by the Division of Travel and Tourism in the Department of State. b. The Department of Agriculture shall publish on its Internet website the location and contact information for any community supported agriculture entity in New Jersey that has provided such information to the department. A community supported agriculture entity may also provide the department with information concerning the agricultural output of the entity, and this information may be published on the department's Internet website at the discretion of the Secretary of Agriculture. c. In addition to publishing the information as required in subsections a. and b. of this section, the department may distribute the information by any other method it deems best adapted to the efficient dissemination thereof. d. The department shall accept information, or changes thereto, from wineries and community supported agriculture entities through an electronic submission form made available by the department on its Internet website. e. As used in this section, "community supported agriculture entity" means a commercial farm from which a person may purchase a share in the agricultural or horticultural output of the farm. L.2013, c.248, s.1.

N.J. Stat. § 4:1-20.3 Internet page for "New Jersey Gleaning Week" and "Farmers Against Hunger Day."

1. The Department of Agriculture shall publish on its Internet website, and update as appropriate, a page for "New Jersey Gleaning Week," established by J.R.11 of 2015, and "Farmers Against Hunger Day," established by J.R.12 of 2015, for the purposes of educating the public on food insecurity and food waste, recognizing the need of many New Jersey households for fresh, healthy foods, and informing the public of any events offered during "New Jersey Gleaning Week" and "Farmers Against Hunger Day." The department shall post on the page a hyperlink to the website of the New Jersey Agricultural Society, so that farmers, community organizations, businesses, and volunteers may learn more about gleaning efforts in the State. L.2015, c.214, s.1.

N.J. Stat. § 4:1-21 Arrangement of farmers' meetings, children's contests, and premiums for products

The department shall: a. Promote and induce meetings of farmers and agriculturists and arrange for the discussion and presentation before such meetings of such topics and matters as it may deem necessary or advantageous; b. Arrange for agricultural contests among children, establish rules and regulations for the conduct thereof, and the awarding of premiums, prizes, or rewards for the successful contestants therein, either in the nature of money allotments or educational excursions; c. Arrange for and award premiums for agricultural products exhibited at meetings or fairs; and d. Give due notice of any or all thereof by such methods as it shall determine. Amended by L.1950, c. 293, p. 993, s. 9.

N.J. Stat. § 4:1-21.1 Food production program; award to schools whose students participate

Any high school or private institution of learning, twenty-five per centum (25%) or more of whose students fourteen years of age or over have responded to the call for farm labor to contribute to an adequate food supply, by working fifteen or more days of eight hours each on farms in New Jersey, shall be entitled to receive a flag, banner or other suitable award, to be presented by the Department of Agriculture. L.1943, c. 214, p. 572, s. 1.

N.J. Stat. § 4:1-21.2 Rules and regulations

The State Board of Agriculture may make such rules and regulations as are necessary to carry out the provisions of this act. L.1943, c. 214, p. 572, s. 2.

N.J. Stat. § 4:1-21.3 Appropriation

The Department of Agriculture is hereby authorized to use two thousand dollars ($2,000.00) of its appropriation for the fiscal year beginning July first, one thousand nine hundred and forty-three, for the purpose of carrying out the provisions of this act. L.1943, c. 214, p. 572, s. 3.

N.J. Stat. § 4:1-21.4 Effective date

This act shall take effect on the first day of July, one thousand nine hundred and forty-three. L.1943, c. 214, p. 572, s. 4.

N.J. Stat. § 4:1-21.5 Powers of department; quarantines

The department may institute and enforce such measures as it may deem necessary to control infectious or contagious diseases of live stock and poultry, diseases of plants, injurious insects and other plant pests; may initiate and carry out programs for promoting more economical methods of marketing and distribution of farm products, in the interests of consumers of the State, and programs for the promotion of agriculture in general; and may carry out such other activities or control programs related to agriculture as the Legislature may from time to time assign to it. The board may establish and enforce general or local quarantines and issue and enforce orders and regulations to carry out the duties listed in this section. The department shall file in the office of the Secretary of State copies of all quarantines established and public orders issued by the board. L.1950, c. 293, p. 992, s. 7.

N.J. Stat. § 4:1-21.6 Cooperation with other agencies

The department may co-operate with the United States Department of Agriculture, with agricultural enforcement agencies of other States, with State and local government agencies in New Jersey, and with agricultural and marketing organizations of the State in carrying out programs for the improvement of agriculture in New Jersey; the control of live stock and plant diseases and pests; the use of official grades for farm products and the improvement of marketing of agricultural products, including live stock products. L.1950, c. 293, p. 992, s. 8.

N.J. Stat. § 4:1-21.7 Rules and regulations regarding seeds, tubers, grass sod, grass sod plugs, and grass stolons

The State Board of Agriculture is authorized to establish rules and regulations for the inspection, grading and certification of agricultural seeds, tubers, grass sod, grass sod plugs, and grass stolons grown in this State. L.1952, c. 298, p. 1009, s. 1. Amended by L.1966, c. 78, s. 1, eff. June 14, 1966.

N.J. Stat. § 4:1-21.8 Inspection, grading and certification of seeds and tubers

The Secretary of Agriculture shall have the authority to provide for the inspection, grading and certification of the same at the request of the grower. L.1952, c. 298, p. 1009, s. 2.

N.J. Stat. § 4:1-21.9 Fees for inspection, grading and certification

The Secretary of Agriculture shall fix and collect fees for such inspection, grading and certification and pay the same into the State treasury. L.1952, c. 298, p. 1009, s. 3.

N.J. Stat. § 4:1-21.10 Approval of firms desiring to cooperate with State Board

Every person, firm, association or corporation desiring to cooperate with the State Board of Agriculture in certifying agricultural seeds, tubers, grass sod, grass sod plugs, and grass stolons shall first have received the approval of the State Board of Agriculture. Upon the receipt of such approval, every firm, association or corporation subject to the provisions of this act shall observe, conform and comply with all rules and regulations fixed and established by the State Board of Agriculture. L.1952, c. 298, p. 1009, s. 4. Amended by L.1966, c. 78, s. 2.

N.J. Stat. § 4:1-21.11 Offering and exposing seeds, tubers, grass sod, grass sod plugs, and grass stolons for sale

It shall be unlawful for any person, firm, association or corporation to offer for sale in New Jersey, orally, or in writing, or to represent by certificate, advertisement, label, or brand, or any other description, real or implied, any agricultural seeds, tubers, grass sod, grass sod plugs, and grass stolons as "certified," "inspected," "registered," "foundation," or similar terms, unless and until such seed, tubers, grass sod, grass sod plugs, and grass stolons shall have been duly inspected and certified by the official certifying agency of the state of origin; and it shall be unlawful to offer or expose for sale agricultural seeds, tubers, grass sod, grass sod plugs, and grass stolons with a tag or seal similar in size and color that could in any way be mistaken for an official tag or seal. L.1952, c. 298, p. 1010, s. 5. Amended by L.1966, c. 78, s. 3.

N.J. Stat. § 4:1-21.12 Debts incurred by, damage inflicted or contracts broken by cooperating firms

The Department of Agriculture shall not be financially responsible for debts incurred by, damage inflicted by, or contracts broken by co-operating organizations, persons, firms, associations or corporations conducting seed certification work. L.1952, c. 298, p. 1010, s. 6.

N.J. Stat. § 4:1-21.13 Violations

Any person, firm, association, or corporation, or any officer, agent, servant, or employee thereof, violating any of the provisions of this act shall, for each offense, be liable to a penalty of not more than fifty dollars ($50.00). L.1952, c. 298, p. 1010, s. 7.

N.J. Stat. § 4:1-21.14 Withholding certification

The Secretary of Agriculture may withhold certification for a period not exceeding 2 years from any grower of agricultural seeds, tubers, grass sod, grass sod plugs, or grass stolons who is or has been engaging in, or attempting to engage in dishonest practice for the purpose of evading the provisions of this act, including standards, rules and regulations established by the State Board of Agriculture. L.1952, c. 298, p. 1010, s. 8. Amended by L.1966, c. 78, s. 4.

N.J. Stat. § 4:1-21.15 Reduction of population of certain species of blackbirds

The Department of Agriculture shall institute, provide for and enforce such measures as it shall deem necessary to reduce the population of starlings, red-winged blackbirds, grackles and cowbirds, known collectively as blackbirds. Control procedures shall be selected and executed so as to protect human life, other birds and wildlife. L.1965, c. 191, s. 1, eff. Dec. 14, 1965.

N.J. Stat. § 4:1-21.16 Co-operation with state and federal agencies

The department may co-operate with other State and Federal agencies to effectuate the purposes of this act. L.1965, c. 191, s. 2.

N.J. Stat. § 4:1-21.17 Establishment, guidance of food hubs.

1. a. The Department of Agriculture shall authorize the establishment of food hubs in the State, and establish guidelines to assist and support farms and farmers seeking to belong to food hubs in their area of the State. The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt any rules and regulations necessary for the establishment and operation of food hubs. b. As used in this section, "food hub" means a business or organization that actively manages the aggregation, distribution, and marketing of source-identified food products primarily from local or regional producers to strengthen their ability to satisfy wholesale, retail, and institutional demand. L.2019, c.303, s.1.

N.J. Stat. § 4:1-22 § 4:1-22

The department may take, hold in trust and exercise control over donations or bequests made to it for the promotion of scientific education or the general interests of agriculture.

N.J. Stat. § 4:1-22.1 Federal grants

Subject to approval by the State Board of Agriculture, and in cases where State funds are required, within the limits of State appropriations made therefor, the department may apply for and accept grants from the Federal Government or any officer or agency thereof, and may comply with the terms, conditions and limitations thereof, and enter into agreements therefor, for any program to promote the interests of agriculture and rural life in New Jersey. Any moneys so received shall be forwarded to the Treasurer of the State of New Jersey. The State Treasurer shall disburse same on receipt by him of a voucher certified or approved by the Secretary of Agriculture or his duly authorized agent. Such expenditures shall be for the purposes named in this act and shall be made in the same manner as other Federal funds, devoted to specific purposes, are now disbursed by the Treasurer of the State of New Jersey. L.1955, c. 63, p. 209, s. 1.

N.J. Stat. § 4:1-22.2 Grants, awards for agricultural promotion

2. The department may, within the limits of monies appropriated for such purposes, make grants, awards, loans, distributions and incentives to any person, including any political subdivision of the State, to promote, advance, foster, preserve and maintain agriculture in this State, on such terms and subject to such reasonable conditions and restrictions as shall be in the best interest of the State. L.1993,c.265,s.2.

N.J. Stat. § 4:1-23 Courts authorized to grant writs and orders

4:1-23. The Superior Court and municipal courts, within their respective territorial jurisdictions, may grant such writs and orders as may be appropriate, including search warrants, according to the practice of such courts and in a summary manner, to enable the officers and employees of the department effectively to enforce the provisions of law which the department is charged with enforcing. Amended 1953, c.5, s.1; 1991,c.91,s.152.

N.J. Stat. § 4:1-23.1 "New Jersey Minority, Women, and Underserved Farmer Registry" established.

1. a. The Department of Agriculture shall establish a New Jersey Minority, Women, and Underserved Farmer Registry. Through the Farm Liaison, designated pursuant to section 1 of P.L.2019, c.94 (C.4:1-48), the department shall: (1) coordinate outreach to minority, women, disabled, LGBTQIA+, socially disadvantaged, and other farmers in the State who have been historically underserved by farm loan assistance programs, including programs for beginning farmer loans, emergency farm loans, farm loan servicing, farm operating loans, guaranteed farm loans, direct operating loans, direct farm ownership down payment loans, microloans, and other business assistance offered to farmers in the State; (2) register minority, women, disabled, LGBTQIA+, socially disadvantaged, and historically underserved farmers to receive notification of opportunities to apply for and participate in farm loan assistance and business assistance programs; (3) assist in the prioritization of applications of State registrants, in accordance with subsection b. of this section; (4) provide each State registrant with information concerning the federal USDA register; and (5) provide each State registrant the opportunity to register with the federal USDA register. b. In cooperation with other State agencies, departments, independent authorities, and lending institutions in the State, the department shall assist each State registrant to apply for assistance programs, farm loan programs, beginning farmer loans, emergency farm loans, farm loan servicing, farm operating loans, guaranteed farm loans, direct operating loans, direct farm ownership down payment loans, microloans, and other business assistance available to farmers in the State. c. To the greatest extent possible, the department shall ensure that the criteria for inclusion in the New Jersey Minority, Women, and Underserved Farmer Registry is the same as the criteria for inclusion in the federal USDA register so that any State registrant may be included in both registries. Whenever the criteria for inclusion in the federal USDA register is updated to include any additional individuals or groups of farmers, the department shall update accordingly the criteria for inclusion in the State registry and coordinate outreach to the additional individuals or groups of farmers. d. Not more than 180 days after the establishment of the State registry, and every 180 days thereafter, the department shall: (1) review and compare the State registrants with the farmers who have registered on the federal USDA register; (2) notify any State registrant not also registered with the federal USDA register of the benefits of registering with the federal USDA register; and (3) encourage the State registrant to register with the federal USDA register. e. The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), may adopt rules and regulations necessary to implement this act. f. As used in this section: "Department" means the Department of Agriculture. "Federal USDA register" means the United States Department of Agriculture Minority Farm Register and any other similar register for minority, women, and socially disadvantaged farmers, administered by the Farm Service Agency of the United States Department of Agriculture. "LGBTQIA+" means a member of the lesbian, gay, bisexual, pansexual, transgender, genderqueer, queer, intersex, agender, asexual, questioning, and other non-heterosexual-identifying community. "State registrant" means a minority, woman, disabled, LGBTQIA+, socially disadvantaged, or historically underserved farmer registered with the New Jersey Minority, Women, and Underserved Farmer Registry established pursuant to subsection a. of this section. "State registry" means the New Jersey Minority, Women, and Underserved Farmer Registry established pursuant to subsection a. of this section. L.2022, c.112.

N.J. Stat. § 4:1-24 Division of dairy industry established; director

There is hereby established in the Department of Agriculture a Division of Dairy Industry. The executive and administrative head of the division shall be a director who, subject to the supervision of the Secretary of Agriculture, shall be responsible for the activities of the division. L.1948, c. 447, p. 1778, s. 4. Amended by L.1968, c. 358, s. 2, eff. Dec. 2, 1968.

N.J. Stat. § 4:1-25 Powers and duties of director of milk control transferred

Except as otherwise provided herein the functions, powers, duties, records and property of the present director of milk control are hereby transferred to and vested in the Office of Milk Industry established hereunder, to be exercised and used by the director thereof pursuant to the provisions of this act and as otherwise provided by law. L.1948, c. 447, p. 1779, s. 5.

N.J. Stat. § 4:1-26 Personnel; compensation; duties

The Secretary of Agriculture shall provide the Office of Milk Industry with such clerical, technical and other personnel as he shall deem necessary, after consultation with the director of said office, for the proper discharge of the duties imposed upon such director. The Secretary of Agriculture shall fix the compensation of persons thus assigned to the Office of Milk Industry, within the limits of available appropriations therefor. The director of the Office of Milk Industry shall prescribe the duties of all persons thus assigned to said office. L.1948, c. 447, p. 1779, s. 6.

N.J. Stat. § 4:1-27 Transfer of employees from Milk Control Board

Such employees of the Milk Control Board, except as otherwise provided in this act, as the Secretary of Agriculture may determine are needed for the proper performance of the additional functions and duties of the Department of Agriculture prescribed herein, are hereby transferred to the Department of Agriculture established hereunder. Persons so transferred shall be assigned to such duties as the Secretary of Agriculture shall determine. Such employees of the present director of milk control, except as otherwise provided in this act, as the Secretary of Agriculture may determine are needed for the proper performance of the duties of the director of the Office of Milk Industry are hereby transferred to the Office of Milk Industry established hereunder. Persons so transferred shall be assigned to such duties as the director of the Office of Milk Industry shall determine. L.1948, c. 447, p. 1779, s. 7.

N.J. Stat. § 4:1-28 Civil service, pension and retirement rights not affected

Nothing in this act shall be construed to deprive any person of any right or protection provided him by Title 11 of the Revised Statutes, Civil Service, or under any pension law or retirement system. L.1948, c. 447, p. 1779, s. 8.

N.J. Stat. § 4:1-29 Milk Control Board and existing office of director of milk control abolished

The Milk Control Board and the existing office of director of milk control are hereby abolished. The terms of office of the present members of the Milk Control Board shall expire on the effective date of this act. L.1948, c. 447, p. 1780, s. 9.

N.J. Stat. § 4:1-30 Appropriations, records and property transferred

All appropriations available and to become available to the Milk Control Board and to the existing office of director of milk control abolished by this act are hereby transferred to the Department of Agriculture. The records and property of the Milk Control Board are hereby transferred to the Department of Agriculture. L.1948, c. 447, p. 1780, s. 10.

N.J. Stat. § 4:1-31 Orders, rules and regulations

The orders, rules and regulations heretofore made or promulgated by the director of milk control, in effect on the effective date hereof, shall continue with full force and effect until amended or repealed pursuant to law. L.1948, c. 447, p. 1780, s. 11.

N.J. Stat. § 4:1-32 "Director of Milk Control" or "Director of the Office of Milk Industry" in laws, contracts or documents

Whenever the term "Director of Milk Control" or "Director of the Office of Milk Industry" occurs or any reference is made thereto, in any law, contract, or document, the same shall be deemed to mean or refer to the Director of the Division of Dairy Industry established hereunder. L.1948, c. 447, p. 1780, s. 12. Amended by L.1968, c. 358, s. 3, eff. Dec. 2, 1968.

N.J. Stat. § 4:1-33 Pending actions or proceedings; orders or recommendations

This act shall not affect actions or proceedings, civil or criminal, brought by or against the director of milk control, and pending on the effective date of this act, but such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the director of the Office of Milk Industry established hereunder, as if the foregoing provisions had not taken effect; nor shall any of the foregoing provisions affect any order or recommendation made by, or other matters or proceedings before, the director of milk control, and all such matters or proceedings pending before such director on the effective date of this act shall be continued by the director of the Office of Milk Industry established hereunder, as if the foregoing provisions had not taken effect. L.1948, c. 447, p. 1780, s. 13.

N.J. Stat. § 4:1-34 Appeal

Any person, applicant or licensee aggrieved by any act, proceeding, rule, order, regulation, decision or determination of the director of the Office of Milk Industry and directly affected thereby, shall be entitled to judicial review thereof. Proceedings for review shall be instituted by filing an appeal in the Appellate Division of the Superior Court, in accordance with its rules, within ten days after: the termination of such proceeding; or the filing of such regulation, rule or order with the Secretary of State pursuant to law; or the service of the decision or determination. L.1948, c. 447, p. 1780, s. 14.

N.J. Stat. § 4:1-35 Stay of rule or order

The filing of an appeal from a rule or order of the director fixing or refixing any price, shall, unless the court otherwise orders, act as a stay upon any such rule or order that would otherwise become effective, such stay to continue until a decision is rendered upon such appeal by the Appellate Division of the Superior Court. L.1948, c. 447, p. 1781, s. 15.

N.J. Stat. § 4:1-36 Record on appeal

Within five days after service of the notice of appeal the director of the Office of Milk Industry shall, in accordance with rules of the Superior Court, transmit to the Appellate Division of the Superior Court, the original or a certified copy of the entire record of the proceedings under review; but, by stipulation of all parties to the appeal, the record may be shortened by eliminating any portion thereof. L.1948, c. 447, p. 1781, s. 16.

N.J. Stat. § 4:1-37 Additional evidence on appeal; modification of decision by director

Application may be made by any party to the Appellate Division of the Superior Court, in accordance with its rules, for leave to present additional evidence on the issues in the case and if it appears to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the proceedings before the director of the Office of Milk Industry, the court may order that the additional evidence be taken before the director upon such terms as the court may deem proper. The director may modify his findings and rule, order, decision or determination by reason of the additional evidence and shall file with the Appellate Division of the Superior Court the additional evidence together with any modified or new rule, order, decision or determination. Whenever, in its discretion, the court determines that the interests of justice so require, it may, with or without any such application first having been made to it, order that additional evidence be taken before it upon such terms as the court may deem proper. L.1948, c. 447, p. 1781, s. 17.

N.J. Stat. § 4:1-38 Conduct of appeal; disposition on appeal

The appeal shall be conducted by the Appellate Division of the Superior Court, without a jury, in accordance with its rules and shall be confined to the record and any additional testimony which may be taken pursuant to the provisions of section seventeen hereof. The court may affirm the rule, order, decision or determination of the director, or may suspend, reverse, vacate or modify it if the substantial rights of the appellant have been prejudiced as a result of the director's rule, order, decision or determination being: (1) Contrary to constitutional rights or privileges; or (2) In excess of the statutory authority of the director; or (3) Affected by other error of law; or (4) Made or promulgated upon unlawful procedure; or (5) Unsupported by substantial evidence in view of the entire record as submitted; or (6) Arbitrary or capricious. In making the foregoing determinations the court shall review the whole record or such portions thereof as may be cited by any party; and due account shall be taken of the rule of prejudicial error. Substantial evidence shall mean the quantum of evidence similar to that necessary to sustain a jury's finding in an action at law. L.1948, c. 447, p. 1782, s. 18.

N.J. Stat. § 4:1-39 Repeal

All acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, hereby repealed. L.1948, c. 447, p. 1782, s. 19.

N.J. Stat. § 4:1-40 Short title

This act shall be known as, and may be cited as, the "Department of Agriculture Act of 1948." L.1948, c. 447, p. 1782, s. 20.

N.J. Stat. § 4:1-41 Effective date

This act shall take effect on the first day of January, one thousand nine hundred and forty-nine, except that any appointment, and any confirmation or approval of any appointment, permitted by this act may be made prior to such date. L.1948, c. 447, p. 1782, s. 21.

N.J. Stat. § 4:1-42 Establishment; appointment of State Chemist; employees

There is hereby established in the Department of Agriculture the office of State Chemist. The State Chemist shall be appointed by the State Board of Agriculture in conjunction with the Secretary of Agriculture in the same manner as other officers of the department are appointed and shall be subject to the supervision of the secretary. The secretary shall assign to the office of State Chemist such employees in the Department of Agriculture as may be necessary to assist the State Chemist in the performance of his duties. L.1965, c. 80, s. 1, eff. July 1, 1966.

N.J. Stat. § 4:1-43 Powers and duties

The functions, powers and duties of the chemist of the New Jersey Agricultural Experiment Station prescribed by chapters 4 and 9 of the Revised Statutes and chapter 316 of the laws of 1951 are continued, but such functions, powers and duties are hereby transferred to and vested in the State Chemist established hereunder and shall be exercised and performed by him. L.1965, c. 80, s. 2, eff. July 1, 1966.

N.J. Stat. § 4:1-43.1 Transfer and civil service status of employees of chemist and seed analyst of New Jersey agricultural experiment station

Upon the establishment July 1, 1966 in the Department of Agriculture of the offices of State Chemist and State Seed Analyst, in accordance with P.L.1965, chapter 80, all positions or employments theretofore held with the chemist of the New Jersey Agricultural Experiment Station in the exercise of the functions, powers and duties prescribed by chapters 4 and 9 of Title 4 of the Revised Statutes and chapter 316 of the laws of 1951 and with the seed analyst of said experiment station in the exercise of the functions, powers and duties prescribed by chapters 125 of the laws of 1961 and 29 of the laws of 1963, which can be allocated to the classified service, in accordance with the provisions of Title 11 of the Revised Statutes, shall be so allocated under appropriate titles, by the Civil Service Commission; and all persons regularly employed by said chemist and seed analyst prior to July 1, 1966, who consent to their transfer to the Department of Agriculture in implementation of P.L.1965, chapter 80, shall be recorded, without examination, as having been permanently appointed thereto as of the dates of their respective original appointments by said chemist or seed analyst, under said titles, and shall thereafter hold the same under and subject to the provisions of Title 11 of the Revised Statutes relating to the classified service. L.1966, c. 63, s. 1, eff. June 6, 1966.

N.J. Stat. § 4:1-44 Establishment; appointment of State Seed Analyst; employees

There is hereby established in the Department of Agriculture the office of State Seed Analyst. The State Seed Analyst shall be appointed by the State Board of Agriculture in conjunction with the Secretary of Agriculture in the same manner as other officers of the department are appointed and shall be subject to the supervision of the secretary. The secretary shall assign to the office of State Seed Analyst such employees in the Department of Agriculture as may be necessary to assist the State Seed Analyst in the performance of his duties. L.1965, c. 80, s. 3, eff. July 1, 1966.

N.J. Stat. § 4:1-45 Powers and duties

The functions, powers and duties of the seed analyst of the New Jersey Agricultural Experiment Station prescribed by chapter 125 of the laws of 1961 and chapter 29 of the laws of 1963 are continued, but such functions, powers and duties are hereby transferred to and vested in the State Seed Analyst established hereunder and shall be exercised and performed by him. L.1965, c. 80, s. 4, eff. July 1, 1966.

N.J. Stat. § 4:1-46 Legislative findings

The Legislature finds that agriculture continues to be one of the leading industries of the State with annual gross sales of nearly $300,000,000.00 and employing more than 40,000 people, either seasonally or year-round; that it is in the interest of the nonfarm people of the State that our farmers continue to own and operate their farms so that New Jersey can remain the Garden State; that the loss of farms in this State continues to be a serious threat to the preservation of green acres and open space; and that the farmers and the agri-business industry need help to encourage the retention of agriculture, to find ways of making it economically viable, and to expand its scope in the State. L.1971, c. 327, s. 1, eff. Oct. 28, 1971.

N.J. Stat. § 4:1-47 Coordinator of agricultural development; appointment; powers and duties; term of office; compensation

The Secretary of Agriculture with the approval of the State Board of Agriculture shall appoint a coordinator of agricultural development for the department who shall have the function, power and duty to coordinate and cooperate with all segments of the agricultural industry in the dissemination of information to the public on the importance and value of agriculture as a part of the overall economy and the preservation of a healthy environment in the State and assist in the development of plans that will encourage and assist farmers and related business in the improvement and expansion of farming and agri-business in this State. The coordinator shall serve at the pleasure of the secretary and the board and, subject to available appropriations, shall receive a salary in such amount as the board shall prescribe. L.1971, c. 327, s. 2, eff. Oct. 28, 1971.

N.J. Stat. § 4:1-48 "Farm Liaison."

1. The Secretary of Agriculture, with the approval of the State Board of Agriculture, shall designate a current employee of the department as "Farm Liaison" who shall have the function, power, and duty to coordinate with individual farmers to encourage participation in department and State agricultural programs. The liaison shall: (1) encourage farmers to participate in State agriculture programs that may benefit those farmers; (2) inform farmers about potential taxation benefits; (3) disseminate information about pilot programs, food donation programs, anti-hunger initiatives, and any other department programs that the liaison may deem relevant to each individual farmer; and (4) serve as a coordinator between farmers and organizations that engage in gleaning activities. The liaison shall coordinate with the State Agricultural Development Committee and the county agriculture development boards, as deemed by the liaison to be appropriate. The liaison shall serve at the pleasure of the secretary and board. L.2019, c.94.

N.J. Stat. § 4:1-49 Findings, declaration relative to "One Health".

1. The Legislature finds and declares that: a. The term "One Health" reflects the interconnectedness of human health, animal health, and the environment; b. The strong connections and interdependency between human, companion animal, livestock, and ecosystem health are recognized in the One Health initiative framework, which facilitates addressing complex, multi-disciplinary issues such as zoonotic diseases, vector-borne diseases, and antimicrobial resistance; c. Existing One Health initiatives at the federal level include the One Health Office established by the federal Centers for Disease Control and Prevention and the One Health Coordination Center established by the United States Department of Agriculture's Animal and Plant Health Inspection Service, and worldwide more than 950 prominent scientists, physicians, and veterinarians have endorsed the One Health initiative; d. Awareness and collaboration among disciplines will help protect the environment, the health of all species, save lives in present and future generations, and increase quality of life, physical and mental health, and productivity; e. The term "One Health" recognizes that the health of people is connected to the health of animals and the environment and is described as a collaborative, multi-sector, and transdisciplinary approach, working at the local, regional, national, and global levels, with the goal of achieving optimal health outcomes recognizing the interconnection between people, animals, plants, and their shared environment; f. One Health is not a new concept, but it has become increasingly important in recent years as many factors have changed interactions between people, animals, and the environment, leading to the emergence or reemergence of many diseases; g. A One Health approach is important because: six out of every 10 infectious diseases in humans are spread from animals; animals can sometimes serve as early warning signs of potential illness in people; and public health preparedness depends on agriculture in a variety of ways, including the cultivation of a wide-range of vaccines in poultry eggs; and h. It is, therefore, in the public interest for the State to establish a permanent New Jersey One Health Task Force to promote the health and wellness of New Jersey's residents, animals, including pets, livestock, and wildlife, and natural resources by encouraging the collaborative efforts of experts and leveraging knowledge and resources effectively. L.2021, c.117, s.1.

N.J. Stat. § 4:1-50 "New Jersey One Health Task Force", established; goals, responsibilities.

2. a. There is established the "New Jersey One Health Task Force" in the Department of Agriculture. The purpose of the task force shall be to develop a strategic plan to promote inter-disciplinary communication and collaboration between physicians, veterinarians, and other scientific professionals and State agencies, with the goal of promoting the health and well-being of the State's residents, animals, and environment. b. The goals and responsibilities of the task force shall include, but are not limited to: (1) development of a plan to promote inter-disciplinary communication and collaboration between human, animal, and environment health professionals; (2) development of protocols for the response to, and recovery from, zoonotic disease outbreaks in animals and humans; (3) development of better diagnostic tests for zoonotic, vector-borne, and environmental diseases; (4) collaboration among disciplines for development of effective xenosurveillance to identify genetic signatures of pathogens in vertebrates; (5) promotion of and education concerning judicious antibiotic use by human, veterinary, and agriculture health professionals; (6) investigation of antibiotic alternatives, such as bacteriophage therapy; (7) coordination and collaboration among appropriate entities to develop new approaches to reduce hazards to human and animal health and to address public health threats in a manner that prevents duplication; and (8) educational and outreach initiatives to promote the One Health approach across State government agencies, the State's academic and research institutions, nongovernmental organizations, and private entities. c. In executing its responsibilities, the task force shall identify and partner with academic institutions and nongovernmental organizations in the State and consult with associations, organizations, and individuals who are knowledgeable about the One Health initiative. L.2021, c.117, s.2.

N.J. Stat. § 4:1-51 Membership.

3. a. The New Jersey One Health Task Force shall consist of 13 members as follows: (1) the Secretary of Agriculture, or the secretary's designee, who shall serve ex officio; (2) the Commissioner of Environmental Protection, or the commissioner's designee, who shall serve ex officio; (3) the Commissioner of Health, or the commissioner's designee, who shall serve ex officio; (4) 10 public members to be appointed by the Governor, as follows: (a) one person representing the medical community, who is a medical practitioner licensed to practice in the State; (b) two people who are veterinarians licensed or approved to practice in the State by the State Board of Veterinary Medical Examiners, one of whom shall have expertise, knowledge, and experience with farm animals; (c) one person with expertise, knowledge, and experience in medical research; (d) one person with expertise, knowledge, and experience in zoonotic diseases; (e) two people with expertise, knowledge, and experience in epidemiology or biomedical sciences; and (f) three people representing the State's academic community with expertise, knowledge, and experience in public health, ecology, natural resources, or environmental and biological sciences. b. Each public member of the task force shall serve for a term of four years, except that, of the members first appointed, two appointees shall serve for terms of four years, three appointees shall serve for terms of three years, three appointees shall serve for terms of two years, and two appointees shall serve for terms of one year. Each member shall hold office for the term of appointment, and until the member's successor is appointed and qualified. Any vacancy in the task force membership shall be filled for the unexpired term, in the same manner provided for the original appointment. Members are eligible for reappointment to the task force. c. The task force shall organize as soon as practicable after the appointment of a majority of its members, and shall select a chairperson and a vice-chairperson from among its members, as well as a secretary who need not be a member of the task force. A majority of the membership of the task force shall constitute a quorum for the transaction of task force business. The task force may meet and hold hearings at the place or places as it shall designate. d. The members of the task force shall serve without compensation, but may be reimbursed for travel and other necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the task force for its purposes. e. The Department of Agriculture shall provide professional and clerical staff to the task force as may be necessary for the task force's purposes. The task force shall also be entitled to call upon the services of any State, county, or municipal department, board, commission, or agency, as may be available to it for its purposes. f. The task force may solicit and receive grants and other funds that are made available for the task force's purposes by any governmental, public, private, not-for-profit, or for-profit agency, including funds that are made available under any federal or State law, regulation, or program. L.2021, c.117, s.3.

N.J. Stat. § 4:1-52 Report to Governor.

4. Within 12 months after the task force's organizational meeting, and at least biennially thereafter, the task force shall submit a written report to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, summarizing its work in the prior year, which report may include any recommendations for legislative or regulatory action to improve, promote, and protect the health and well-being of the State's residents, animals, and environment. Reports issued pursuant to this section shall be posted on the Internet website of the Department of Agriculture, the Department of Environmental Protection, and the Department of Health. L.2021, c.117, s.4.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.njleg.state.nj.us/legislative-activity/statutesFetched: 10/17/2026