Proposed Rule Readoption: N.J.A.C. 2:19

Authorized By: State Board of Agriculture and Charles M. Kuperus, Secretary

Authority: N.J.S.A. 4:1-21.2, 4:6-20, 4:7-1 et seq.

Calendar Reference: See Summary below for explanation of exception to calendar requirement.

Proposal Number: PRN 2005-311

Submit comments by November 5, 2005 to:

Carl P. Schulze Jr., Director
Division of Plant Industry
NJ Department of Agriculture
PO Box 330
Trenton, NJ 08625-0330
Telephone: (609) 292-5441

The agency proposal follows:

Summary

Pursuant to Executive Order No. 66 (1978) and N.J.S.A. 42:14B-5.1(c), N.J.A.C. 2:19 expires on January 23, 2006. The Department of Agriculture has reviewed the rules and has determined them to be necessary, reasonable and proper for the purpose for which they were originally promulgated, as required by Executive Order No. 66 (1978). The Department is authorized to prevent the importation or distribution of diseased plant material pursuant to N.J.S.A. 4:7-5 et seq. Virus-infected rose plants cause serious economic loss to both the grower that sells them and the consumer who buys them.
Since the virus infection remains in the plant for its entire life, and spraying cannot destroy the virus, it is important that infected plants be controlled at the source before entering New Jersey.

Subchapter 1 is reserved.

Subchapter 2 describes the manner in which rose plants are to be shipped into, and within, the State of New Jersey. It states that virus-infected plants are to be considered a nuisance and only rose plants inspected for symptoms of virus infection during the growing season by a state inspector in the state in which they were grown can be shipped into New Jersey. Also, all shipments must carry certification of visual freedom from virus or disease from the state of origin.

As the Department has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The rules proposed for readoption will continue to have a positive social impact. Continued implementation of the rule will result in hardier, more beautiful and healthier plants being provided to the general public. Following the initial implementation of N.J.A.C. 2:19-2, the numbers of virus-infected rose plants detected by Department staff at nurseries forcing rose plants into bloom for resale have fallen dramatically. Out-of-State rose roducers have been more selective in the plants grown for shipment into New Jersey. Accordingly, the numbers of virus-infected rose plants found at retail establishments has also been greatly reduced. Disruptions in the marketplace as a result of condemnations of diseased plants by the Department have also been greatly reduced.

The rules benefit all consumers purchasing rose plants while maintaining the integrity of the industry. Increased sales of healthy rose plants should easily offset the costs of compliance.

Economic Impact

The rules proposed for readoption will continue to have a positive impact on the quality of rose plants grown and distributed in the State. Although producers of roses will bear the primary cost of compliance, it is anticipated that some portion of these costs will eventually be passed to the consumer in slightly higher retail prices.

The cost to the grower of producing virus-free rose plants adds approximately $0.05 per plant. Since these rules went into effect in 1991, there has been a substantial decrease in the number of virus-infected rose plants entering New Jersey due to producer compliance. Consequently, the Department has had to order fewer plants destroyed or returned to the supplier. Furthermore, since virus-infected plants cannot be sold to the public, this rule has reduced the number of plants condemned by the Department at garden centers, and therefore, there has been a lessening in the disruption of retail sales and a positive economic impact.

Federal Standard Statement

A Federal standards analysis is not required because there are no Federal standards or requirements applicable to the subject matter of the rules proposed for readoption.

Jobs Impact

The rules proposed for readoption are not expected to result in the generation or loss of jobs in the State.

Agriculture Industry Impact

The rules proposed for readoption should have a positive impact on New Jersey's agriculture industry. The rules will afford protection to growers and plant dealers from the introduction, distribution and sale of virus-infected roses in the State. Additionally, readoption of this rule will help to minimize the disruption of commerce when large numbers of virus-infected plants are detected by the Department and ordered destroyed. Plant dealers will be more careful in the selection of growers where they obtain rose plants, to avoid purchasing virus-infected stock, and consumers will benefit by purchasing healthier plants.

Regulatory Flexibility Analysis

The majority of nurseries and plant dealers qualify as small businesses, as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The chapter applies to all nurseries and plant dealers offering roses for sale. The rules require nurseries and plant dealers to maintain inspection certificates received from suppliers for the current season and to make them available for verification upon request of the Department. Historically, the Department has found that most nurseries and plant dealers utilize between one and four suppliers of rose plants, requiring the filing and maintenance of between one and four inspection certificates. This requirement therefore imposes an almost negligible burden on those regulated. The chapter imposes no other requirements on small businesses. No professional services or capital expenditures are required to comply with these rules.

Smart Growth Impact

The Department believes that the rules proposed for readoption will have no impact on the achievement of smart growth or on the implementation of the State Development and Redevelopment Plan.


Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 2:19.

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Charles M. Kuperus, Secretary
New Jersey Department of Agriculture
June 22, 2005