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Notice of Rule Proposals
Disclaimer: Notices of Proposal are posted on this site by the New Jersey Department of Agriculture to comply with N.J.S.A. 52:14B-4 to inform the public about pending rules. This version is not the official text of the proposal and may differ from the official text. The official text of the proposal is published in the New Jersey Register issue for the date indicated. Click on the rule title for additional information.


Proposed Rule Amendments
Humane Treatment of Domestic Livestock
Proposed Rule Amendments: N.J.A.C. 2:8-4.1 and 4.2
Proposal Date:
April 2, 2006
Comment Period Closes:
June 2, 2006
The State Board of Agriculture and the Department of Agriculture are committed to an ongoing review of the rules governing humane treatment of domestic livestock to ensure that New Jersey’s standards continue to reflect practices informed by welfare concerns and supported by science and generally accepted industry standards. In accordance with that commitment, the Department has reviewed the scientific literature, curricula of veterinary schools, land grant colleges and agricultural extensions, and other pertinent scientific studies to keep abreast of changes in acceptable humane standards. As a result of the Department’s continuing efforts and commitment, the Department has determined that the sections of the Humane Treatment of Domestic Livestock rule as they relate to induced molting in poultry should be amended to reflect current science. As defined in the regulations, “induced molting is a management practice that simulates the natural molting event and is designed to bring the entire flock in to a non-laying 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.” For birds in commercial egg production, the environmental influences that induce molting have been removed. Due to the controversial nature of complete feed withdrawal molting, the United Egg Producers (UEP) Scientific Advisory Committee, along with the poultry industry and the academic and scientific community, have been diligently researching alternatives to feed withdrawal as a means of inducing a molt. The Scientific Advisory Committee of the UEP, chaired by Jeff Armstrong, Dean of the College of Agriculture and Natural Resources at Michigan State University, provided grants to the scientific community, specifically to five universities, to develop practical alternatives to molting programs that required feed removal, with an emphasis on performance and behavior. Following its review of proposals for non-feed withdrawal methods, the committee amended its guidelines to reflect the scientific findings and conclusions. As of January 1, 2006, only non-feed withdrawal molt methods will be permitted for producers who participate in the “United Egg Producers Certified” Program. The proposed amendments make the Department’s regulations consistent with the revised United Egg Producers’ guidelines for inducing a non-feed withdrawal molt. The Department notes that most egg-producing farms in New Jersey are currently operating in compliance with these guidelines. The proposed amendments will require producers to use only non-feed withdrawal induced molting as an acceptable poultry management practice. The Department’s proposal would require that molting hens have access to a nutritionally adequate and palatable maintenance diet until the flock reaches a pre-production physiologic state. The Department’s current rules permit complete feed withdrawal to achieve the target physiologic state. Research conducted by academics, industry and the scientific community, however, has demonstrated that a return to the pre-production physiologic state can be achieved by providing a maintenance diet. The proposed amendment defines maintenance diet as a nutritionally balanced 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. In addition, the Department is defining “resting diet” as a nutritionally balanced diet that is lower in fiber and higher in protein and energy than a maintenance diet. Producers may choose to provide to their flocks a resting diet prior to reintroduction of a layer diet. The Department has also defined “layer diet” as a nutritionally balanced diet that is adequate for the body maintenance of a laying hen. Finally, because reducing the light period that laying hens are exposed to also aids in the cessation of egg-laying which is necessary for a successful molt, this proposal also seeks to amend the rule to include a standard determined by the scientific community that addresses the minimum amount of light egg-laying hens should be exposed to while molting.

Adopted Emergency and Concurrent Proposed New Rules
Pineshoot Beetle
Adopted Emergency and Proposed Rule: N.J.A.C. 2:20-9
Proposal Date:
February 6, 2006
Comment Period Closes:
March 8, 2006
The Department of Agriculture is proposing new rules in response to an imminent threat of serious harm to forests, pine plantations, nurseries and Christmas tree farms in New Jersey caused by the pine shoot beetle, Tomicus piniperda. Infestation by this beetle can cause severe decline in the health of certain species of pine trees. Scots pine and Red pine in particular may be killed when high populations exist. Adult beetles may also breed in spruce, fir, and larch logs that occur in stands mixed with pine. New Jersey’s native pines, eastern white pine (Pinus strobus) and pitch pine (Pinus rigida), are susceptible to aesthetic damage due to shoot feeding, but are not preferred hosts of the beetle. The beetles are often carriers of various species of blue stain fungi that greatly diminish the quality of lumber and other forest products. Long distance spread of the pine shoot beetle is a result of human activity, primarily through the interstate shipment of infested lumber, cut Christmas trees or pine nursery stock. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) maintains a Federal quarantine to prevent long distance spread of the pine shoot beetle from known infested areas. States infested with the pine shoot beetle must enact parallel state quarantines of the affected areas of the State that are equivalent to the Federal quarantine requirements; otherwise, APHIS will quarantine the entire state. The pine shoot beetle, previously not known to be present in New Jersey, was found in Bergen, Hunterdon, Passaic, Sussex and Warren Counties in October 2005. These new rules are being proposed on an emergency basis because APHIS has given New Jersey a deadline of January 31, 2006 to enact the parallel State quarantine. The rule proposal declares the pine shoot beetle to be a dangerously injurious insect pest, prescribes an area under quarantine, and restricts the movement of plant material that is a host of the pine shoot beetle.
The proposed rule defines articles regulated by USDA APHIS to prevent the spread of the pine shoot beetle and describes the process governing the interstate movement of regulated articles from quarantined areas; and, establishes requirements for issuing permits and compliance agreements for moving regulated articles in a manner that prevents the spread of the pine shoot beetle. The proposal requires that certificates and limited permits be attached to regulated articles at all times during interstate movement and requires their presentment at the destination. USDA APHIS costs for inspections and other services are set forth and Finally, the proposal sets forth the requirements for treatment of affected regulated articles. N.J.A.C. 2:20-9.2 contains definitions of terms used in the subchapter. The proposed rule declares the pine shoot beetle to be a dangerously injurious insect, and to be a nuisance; restricts the movement of plant material unless in accordance with the proposed new rules; and, identifies those articles that present a risk of spreading the pine shoot beetle if moved from the quarantine area without restrictions. The proposal describes the area(s) in New Jersey under quarantine. In addition, it authorizes the Secretary of Agriculture to temporarily quarantine areas where the pine shoot beetle is found until such a time as the State Board of Agriculture can approve a full quarantine in accordance with the Administrative Procedure Act. It also describes conditions for movement of regulated articles to areas outside the area(s) under quarantine in New Jersey. Movement of regulated articles is permitted during the months of October, November and December and when temperatures are below 50 degrees Fahrenheit because flight movement of the pine shoot beetle is minimal. Either the Department or USDA APHIS can conduct inspections or issue a limited permit, certificate or other approval for the movement of regulated articles.

Proposed Rule Adoption with Amendments and Repeals
Avian Influenza
Proposed Amendment: N.J.A.C. 2:9-1.1 and 1.2
Proposed Repeals: N.J.A.C. 2:9.1-3 and 1.4
Proposed New Rules: N.J.A.C. 2:9.2 through 6

Proposal Date:
February 6, 2006
Comment Period Closes:
April 7, 2006
Avian influenza is a serious disease of poultry, with the potential to cause a significant adverse impact on poultry and egg production. Avian influenza can strike poultry quickly without any warning signs. Once established, the disease can spread rapidly from flock to flock. Strict measures are therefore required to protect the New Jersey poultry industry from this destructive disease. A large portion of the New Jersey poultry industry is associated with New Jersey’s live bird markets. Due to their broad supply base, these markets are particularly susceptible to avian influenza. Although the New Jersey Department of Agriculture (NJDA) actively monitors the markets and their poultry suppliers for evidence of avian influenza, strict Avian Influenza rules are necessary to better protect the live bird markets, and thus the New Jersey poultry industry, from introduction of this insidious disease. In 2004, the United States Department of Agriculture released Uniform Standards for the Prevention and Control of H5 and H7 Low Pathogenicity Avian Influenza in the Live Bird Marketing System (Uniform Standards). To maintain an effective disease control program for New Jersey poultry, it is essential that the State rules be consistent with USDA guidelines. The current rule, Movement into Live Poultry Markets, was adopted on an emergency basis, and requires further alteration to be consistent with the USDA’s Uniform Standards for the Prevention and Control of H5 and H7 Low Pathogenicity Avian Influenza in the Live Bird Marketing System. The current rule has been updated to more accurately reflect these standards. The section dealing with the payment of indemnities and disposal costs remain primarily unchanged, except for the addition of language intended to limit the number of times a stakeholder is entitled to indemnity and disposal costs. This language was added to protect businesses and individuals who effectively follow biosecurity measures, but still suffer from an outbreak through no fault of their own. However, individuals or businesses that do not follow biosecurity protocols, as evidenced by infection with Avian Influenza twice within the registration year, are not entitled to indemnification and disposal costs. Several new subchapters were added including one that delineates definitions and establishes a new registration system for live bird markets, poultry distributors and production/supplier flocks. The rule sets forth the registration requirements for live bird markets, poultry distributors and production/supplier flocks operating in New Jersey. As part of this registration process, applicants will be required to permit NJDA authorized agents access to their premises for inspection and testing. The rule describes the sanitation, biosecurity, and surveillance measures required for live bird markets, poultry distributors and production/supplier flocks, respectively. Minimum biosecurity measures, including routine cleaning and disinfecting requirements, periodic testing and periodic closures are imposed under these new subchapters. The rule also sets forth the quarantine procedures that will be implemented if avian influenza is found in a live bird market, poultry distributor and/or production/supplier flock. Finally, the proposal describes the requirements for sale of poultry to and movement of poultry into live bird markets and qualified poultry auctions. Additional recordkeeping responsibilities have been imposed in connection with theproposal. A new proposal has been added to address penalties to be imposed for violations. The penalty for a first offense shall be not less than $100.00 nor more than $200.00 per unit or violation, while the penalty for any subsequent offense shall be $200.00 per unit or violation or imprisonment for not more than one year, or both. In addition, after the second offense, the live bird market, poultry distributor or production/supplier flock could lose their registration for the remainder of the registration year. Any person aggrieved by the findings of the Division of Animal Health will be afforded the opportunity for a hearing. A new proposal also makes clear that the Division of Animal Health may quarantine any poultry found in violation of the rule. Such quarantine will not be lifted until the owner can establish proof of compliance or the poultry have tested negative for avian influenza.

Proposed Rule Readoption with Amendments
Stores
Proposed Readoption with Amendments: N.J.A.C. 2:53
Proposal Date:
November 6, 2005
Comment Period Closes:
January 6, 2006
This rule was enacted to regulate the purchase and sale of milk and milk products by retail stores in the state of New Jersey, thereby providing protection to producers who sell and consumers who buy these products. As such, the rules proposed for readoption with amendments primarily affect stores licensed by the State of New Jersey to sell milk and milk products, and will also benefit New Jersey milk dealers, producers and consumers. The rule sets forth the requirements for the proper display of current retail prices for milk and milk products offered for sale to the public. In addition, it defines what books and records are required to be maintained by licensed stores and what reports are to be submitted to the Director of the Division of Marketing and Development by licensed stores. In order to prevent predatory pricing, the rule proposed for readoption with amendments defines “variable cost” and declare that it is unlawful to offer for sale or to sell milk or milk products below variable cost. Finally, the rules proposed for readoption with amendments require that licensed stores give adequate notice to their current supplier of milk and milk products regarding their intent to change suppliers or add suppliers. These rules also require that the store pay all its indebtedness for fluid milk and milk products when the store changes suppliers. The proposed new rule describes the conditions under which information will be held confidential and has been updated to reference privileges and limitations set forth in current law regarding access to information. The proposed amendments were made to clarify that oral notice of intent to change suppliers will no longer be acceptable as a method by which a store may give notice to its supplier of record regarding its intent to change the source of supply. In addition, it establishes the circumstances under which no notice is required. This change is necessary in order to afford licensed stores the same protections afforded to milk dealers and unlicensed stores pursuant to current law. A technical amendment was made to this subchapter that changed the term “present supplier” to “supplier of record,” and the definition of “supplier of record” was added to clarify who is to receive notice.

Proposed Rule Readoption
Certification
Proposed Readoption: N.J.A.C. 2:16
Proposal Date:
November 6, 2005
Comment Period Closes:
January 6, 2006
The rules proposed for readoption set forth a voluntary certification program for various varieties of seeds, grasses and propagating plant material, as well as for blueberry plant growers. These rules are necessary to ensure that New Jersey farmers and growers are receiving the high quality seed that the seed manufacturers are claiming to provide. The rule requires all blueberry growers selling propagating wood rooted cuttings or plants to be certified and describes the certification requirements. It provides standards for mother plants and nursery plant and sets forth requirements for inspection, insecticide application, plant cutting, and the issuance of inspection certificates. The rule delineates the procedures for certification, the standards for classes and sources of certificated seed, the limitations on generations of seed varieties, and the eligibility requirements for various plant varieties. In addition, it sets forth the requirements for seed storage, seed labeling, seed appearance, and the control and eradication of seed contaminators and disease. The rule describes the requirements for interagency certification of turfgrass seed and sets forth procedures for general certification and for certification of Conditioners. It also sets forth requirements governing the facilities and recordkeeping of Conditioners who participate in the certification process. Standards for sampling and testing, mixing and labeling turfgrass are also set forth in the measure. The rule sets forth the certification standards that are applicable to all species of turfgrass sod grown in New Jersey. It also delineates the requirements for labeling sodgrass, pest control, field standards and sod quality, as well as standards for seeds and other propagating materials in sodgrass. The measure describes the certification standards for vegetatively propagated grasses and sets forth the procedures for certification, the requirements for handling crops, field inspection, field standards and plant stock standards. The rule sets forth the fees charged by the Department for general certification services, certification of cultivated sod and vegetatively propagated turfgrass, and interagency certification. It also permits the certification fees to be waived for participating governmental agencies. Penalties for violations of these rules include a penalty of not less than $50.00 nor more than $100.00 for a first offense, a penalty of not less than $100.00 nor more than $500.00 for a subsequent offense committed within a 12-month period, seizure of all seeds and plant propagating material that violates these rules and/or requiring the plant breeder to withdrawal from distribution.

Proposed Emergency Amendments Adoption and Concurrent Proposed Amendments

Asian Longhorned Beetle Quarantine
Emergency Adoption: N.J.A.C. 2:20-8.5
Proposal Date: September 19, 2005
Comment Period Closes: October 19, 2005
Status: Adopted
This emergency adoption and concurrent proposal will expand the Asian longhorned beetle quarantine area in Linden, Union County. The Asian longhorned beetle (Anoplophora glabripennis) is an injurious pest known to cause serious harm to hardwood forests, shade trees and residential forests in New Jersey, along with economic damage to the lumber, maple syrup, nursery and tourism industries in the Northeastern United States. The Asian longhorned beetle is not native to New Jersey and is now found damaging maple trees in New Jersey in Linden, Union County, New Jersey. In the larval stage, Asian longhorned beetles bore into live trees, especially maple (Norway, sugar, silver and red), birch, horsechestnut, poplar, willow, and elm. Once inside the tree, the beetle larvae tunnel and feed throughout the tree; infested trees are weakened and ultimately die. The unabated spread of Asian longhorned beetle would seriously threaten the forests, shade trees and forested residential areas in New Jersey, along with the lumber, maple syrup, nursery and tourism industries in the Northeastern United States. The most effective method to eradicate Asian longhorned beetle is to cut and chip infested trees, and replant with non-host trees. Because beetle larvae live deep inside infested trees, larvae can be readily moved from infested areas to uninfested areas in firewood, fallen timber and live trees. In 2002, the Asian longhorned beetle was discovered in Jersey City, Hudson County, New Jersey. As a result, the New Jersey Department of Agriculture instituted a quarantine and eradication program. Through the efforts of the quarantine and eradication program in Jersey City, no additional signs of Asian longhorned beetle have been found in the quarantine zone and the quarantine in this area is in the process of being removed. Recent new findings of additional infested trees in Linden necessitate an additional expansion of the quarantine area.

Proposed Rule Readoption with Amendments
Quarantines
Proposed Readoption: N.J.A.C. 2:20

Proposal Date: September 6, 2005
Comment Period Closes: November 5, 2005
Status: Adopted
The introduction of dangerously injurious insect pests or plant pathogens from another state or foreign country can constitute a serious threat to agriculture in New Jersey. In the current globalization of world trade, the prospect of spreading highly injurious plant pest species to new areas has increased, and there is a need to quarantine certain pests to prevent their introduction into New Jersey. The rules proposed for readoption with amendments are necessary to properly protect the agricultural industry in New Jersey from highly injurious invasive pest threats. 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. One part determines the Golden Nematode to be a serious threat to New Jersey agriculture and prohibits the movement of any soil from any area known to be infested with this pest. Another part determines white pine blister rust to be a dangerous plant disease and prohibits the movement of certain types of plants into New Jersey, which can serve as a host to the spread of the disease. One section determines the Ceriferus (or Japanese) Wax Scale to be a dangerously injurious insect and if found, subject to the measures of control allowed by the Statues of New Jersey. Another section determines the Mediterranean Fruit Fly to be a dangerously injurious insect to the fruits and vegetables of the State of New Jersey and prohibits the harboring or importation of the pest. One part determines that the Africanized honeybee is a menace to the practice of apiculture and sets forth rules to prevent its importation into New Jersey. Subchapter 6 determines that the Khapra beetle is a highly injurious insect to food and grain stocks and sets forth control measures and rules to prohibiting importation should the pest be found.Subchapter 7 describes the roles and responsibilities of the Department, in cooperation with the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA), in the inspection and monitoring of nursery stock imported from foreign countries. Subchapter 8 describes the roles and responsibilities of the Department, in the inspection, monitoring and control measures for the Asian Longhorned beetle. Due to a successful eradication program in the Jersey City- Hoboken Quarantine area, there is a proposed amendment to rescind the quarantine in these sections of Hudson County. However, additional findings of ALB in Linden require proposal of an amendment for a minor expansion of the quarantine area in Union County.

Proposed Rule Readoption: Division of Plant Industry
Sale and Distribution of Plants and Plant Material
Proposed Readoption: N.J.A.C. 2:19
Status: Adopted
Proposal Date: September 6, 2005
Comment Period Closes: November 5, 2005
The Department of Agriculture is authorized to prevent the importation or distribution of diseased plant material. 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. The Department has reviewed the rules and has determined them to be necessary, reasonable and proper for the purpose for which they were originally promulgated. One part 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.

Proposed New Rule: Division of Agricultural and Natural Resources
Agricultural Development in the Highlands

Rule Proposal: N.J.A.C. 2:92
Proposal Date: August 15, 2005
Comment Period Closes:
October 14, 2005
The Highlands Water Protection and Planning Act (Highlands Act), signed into law on August 10, 2004 as P.L. 2004 c. 120, established regulations and monitoring requirements for the 800,000-acre Highlands region. The Highlands Act includes a special review process for agricultural and horticultural activities and related development in the Highlands Preservation Area and required the Department of Agriculture to promulgate rules for that purpose. The proposed new rules are designed to implement the process established by the Highlands Act for review of new agricultural or horticultural development within the Highlands Preservation Area. The Highlands Act provides that agricultural and horticultural development will be subject to different levels of review based upon the percentage of increase in new agricultural impervious cover that result from proposed agricultural or horticultural development. Any impervious cover that existed within a Farm Management Unit prior to the enactment of the Highlands Act shall not be considered new agricultural impervious cover. The purpose of requiring a Plan when the three percent or nine percent trigger is met either individually or cumulatively is to ensure that operations do not seek to circumvent the requirements of these proposed new rules by continual, but small expansions, that would fall below the designated trigger. Any agricultural or horticultural development in the Preservation Area that would result in the increase of three percent or more of new agricultural impervious cover to the total land area of a Farm Management Unit (either individually or cumulatively) since enactment of the Highlands Act will require the farm owner or operator to develop and obtain Soil Conservation District (SCD) approval of a Farm Conservation Plan, prior to the start of the proposed agricultural or horticultural development. The Farm Conservation Plan will address New Jersey- Field Office Technical Guide (FOTG) Quality Criteria for soil and water resources, as well as Endangered and Threatened Species Habitat. The Natural Resources Conservation Service (NRCS) -FOTG is a science based, national standard for implementing natural resource management practices that are time tested and proven. The FOTG is the basis for all United States Department of Agriculture Farm Bill conservation programs as well as for New Jersey Department of Agriculture (NJDA) programs. The NRCS-FOTG meets the goals of the Highlands Act, as these are the practices implemented to protect not only water and soil but also other natural resources. Any agricultural or horticultural development in the Preservation Area that would result in the increase of nine percent or more of agricultural impervious cover to the total land area of a Farm Management Unit (either individually or cumulatively) since enactment of the Highlands Act will require the farm owner or operator to develop and obtain SCD approval of a Resource Management System Plan (RMSP), prior to the start of the proposed agricultural or horticultural development. Prior to approval, the SCD will transmit a copy to the DEP, who must review and approve it with or without conditions or deny it within 60 days of receipt. The RMSP is a comprehensive Farm Conservation Plan that meets NRCS’s highest standards for resource sustainability by addressing all resource management concerns on the farm, including soil, water, air, plants and animals. A copy of the approved Farm Conservation Plan or RMSP shall be transmitted by the SCD to the State Soil Conservation Committee. If any part of the Farm Management Unit is preserved under any farmland preservation program, a copy of the plan shall also be transmitted by the SCD to the State Agriculture Development Committee (SADC). The Farm Conservation Plan and the RMSP shall be based on the NJ-FOTG. The new rule will set forth the definitions necessary to clarify agricultural development activities from major development as defined in the Highlands Act and outline the Farm Conservation Plan elements for agricultural or horticultural development that would result in three percent or more of new agricultural impervious cover to the total land area of the farm management unit (either individually or cumulatively) within the Highlands Preservation Area. The rule also outlines the RMSP elements for agricultural or horticultural development that would result in nine percent or more of new agricultural impervious cover to the total land area of the farm management unit (either individually or cumulatively) within the Highlands Preservation Area. The proposal sets forth penalty provisions. Penalties up to a maximum of $5,000 per violation per day may be assessed. Factors considered when assessing penalties include: (1) the seriousness of the conduct; (2) the amount of new impervious cover that has been developed; (3) the type of conduct (major, moderate, minor); (4) the violator’s previous compliance history; and (5) whether a plan has been implemented. Persons aggrieved by a determination under this subchapter are afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act.

Proposed Readoption with Amendments, New Rules, Repeals
Disease Control Program, Quarantines and Embargoes on Animals
Proposed Readoption with Amendments: N.J.A.C. 2:5
Proposed New Rules: N.J.A.C. 2:5-1.1, 2.1, 4.1, 4.2, and 5.1
Proposed Repeals: N.J.A.C. 2:5-2.3, 3.2, and 3.3

Proposal Date: July 3, 2005
Comment Period Closes:
September 3, 2005
Status: Adopted
The new rule is added to grant authority to the Director, Division of Animal Health to issue quarantines for specific animal diseases and issue violations and assess penalties for a period of 12 months without prior Board approval. Another new rule is added to address the imposition of an embargo as a result of disease outbreaks in other state to stop the import of animals either suspected of or confirmed as having a contagious or infectious disease or to set up specific entry requirements based upon the originating location of the animals. One rule has been amended to strengthen the requirements for the prevention of Vesicular stomatitis and to allow the division to control the disease if found in New Jersey. Another rule is recodified and contains requirements for the eradication and control of equine infectious anemia (EIA) in equids. One part is being repealed because it only dealt with one specific poultry disease, Avian Influenza. A new provision has been added, which contains general requirements for the control and eradication of poultry diseases that may be devastating to New Jersey’s Poultry industry. More new rules explain when a quarantine will be placed upon a premise and how the quarantine can be lifted. Other new rules explain the biosecurity requirements that must be met. They address cleaning, disinfection and disposal of any infected premises, protective clothing, or equipment. Another new rule is added to address penalties to be imposed for violations of this chapter.

Proposed Amendment
Commercial Fertilizer and Soil Conditioners, Commercial Values
Proposed Amendment: N.J.A.C. 2:69-1.11
Proposal Date:
July 3, 2005
Comment Period Closes:
September 3, 2005
Status:
Adopted
The purpose of this proposed amendment is to extend the effective dates of the commercial values of primary plant nutrients. The current values have been reviewed and although there is no change in the values, the effective dates are being amended to reflect the annual update. The penalties assessed against manufacturers for deficient fertilizers will be based on these values. The State Treasury will receive all unclaimed penalty fees.

Proposed Readoption with Amendments, Recodification, Repeals, New Rules

State Soil Conservation Committee
Proposed Readoption with Amendments: N.J.A.C. 2:90-3
Proposed Recodifications: N.J.A.C. 2:90-1.5 as 1.9, 1.7 through 1.10 as 1.11 through 1.14, 1.12 as 1.15, 1.14 as 1.6, and 4.10 through 4.18 as 4.4 through 4.12
Proposed Repeals: N.J.A.C. 2:90-1.6, 1.11, 1.13, 1.15, and 4.4 through 4.9
Proposed New Rules: N.J.A.C. 2:90-1.5, 1.7, 1.8, 1.10, and 1.16

Proposal Date: July 3, 2005
Comment Period Closes:
September 3, 2005
Status: Adopted
The purpose of these changes is to provide orderly continuation of the implementation of the Act by the SSCC and local districts and enhance coordination between districts and municipalities that regulate construction activities.

Proposed Rule Readoption
Biological Products for Diagnostic or Therapeutic Purposes
Proposed Readoption: N.J.A.C. 2:6
Proposal Date:
June 20, 2005
Comment Period Closes: August 19, 2005
Status: Adopted
The rules proposed for readoption regulate the sale and use of biologics in New Jersey. Biologics are complex products with variable applications and effects that have the potential for misuse. The probable results of their misuse can maintain or spread disease, complicate the diagnostic process and fail to provide effective disease protection.The rules do not apply to drugs or chemicals, including antibiotic preparations. These rules exempt individual registration of most Federally licensed manufacturers or products, and limit the use and distribution of unlicensed or conditionally licensed products. These Department of Agriculture rules will help insure that only those biologics which have been licensed by the U.S.D.A. or by the Director of the Division of Animal Health in the New Jersey Department of Agriculture will be used or sold. The rules contain the definitions used, distribution restrictions, procedures for State license or permit, restrictions on the use of biologics, and revocation of State license or permit.

Proposed Amendments and New Rule
Grades and Standards: Vine-Ripened; Jersey Fresh Premium Peaches; Jersey Fresh Wine
Proposed Amendments: N.J.A.C. 2:71-2.1, 2.3, 2.4 and 2.6
Proposed New Rule: N.J.A.C. 2:71-2.18

Proposal Date:
June 20, 2005
Comment Period Closes: August 19, 2005
Status: Adopted
The new rule defines the term “vine ripened” as it applies to all tomatoes sold in the State of New Jersey. The amendment changes the existing Jersey Fresh Quality Standards Premium regulations to more appropriately define “Jersey Fresh Premium” as it applies to peaches and establishes a standard for “Jersey Fresh” wine. Currently, there is no United States Department of Agriculture definition for “vine ripened tomatoes.” Therefore, tomatoes that are harvested while still in the green stage and then treated with ethylene gas to begin the ripening process can still be labeled as “vine ripened.” As a result, industry believes that the trade and consumers pay a premium price for what they believe to be a vine-ripened product, when the actual product was not allowed to ripen on the vine. The goal is to not only allow producers to compete effectively in the New Jersey market, but also to ensure that New Jersey consumers are getting a product that does not bear a misleading label. Vine-ripened tomatoes are more expensive to produce and represent a niche in the market place and consumers should be assured that the higher price they are paying for a premium product is worth it. Mislabeling of tomatoes that have not ripened on the vine is detrimental to both consumers and the producers. The proposed new rule sets forth the standards for labeling tomatoes as vine-ripened. Tomatoes must obtain some discernable degree of pink or red color before being removed from the vine and may not be treated with ethylene gas in order to be labeled as vine ripened. The proposed new rule also sets forth penalties for the improper labeling of vine-ripened tomatoes, which begin at $50.00 per carton for a first offense and the procedures to obtain a hearing in the event of a violation. The Jersey Fresh Premium Peach standard proposed was derived from a recommendation of the New Jersey Peach Industry Task Force. The task force was created in 2003 and appointed by the Secretary of Agriculture to help sustain the New Jersey peach market. The proposed voluntary standards will help distinguish New Jersey peaches, add value, and provide a competitive advantage in the market place. All peaches packed under this standard will be grown and packed under the United States Department of Agriculture’s Good Agricultural Practices/Good Handling Practices Program. State departments of agriculture, with USDA's assistance, are developing an audit-based program that is helping the U.S. produce industry verify voluntary adherence to the U.S. Food and Drug Administration's October 1998 version of the Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables. Under the program, Federal-State Inspection Service (FSIS) personnel review a participating company's facility and agronomic practices, along with its documented procedures, to help determine if "Good Agricultural Practices" and "Good Handling Practices" are maintained. To determine if these practices are being followed an audit will be conducted that encompasses a farm review, field harvest and packing activities, house packing facility, storage and transportation center/terminal warehouses and preventative food security procedures. Additionally, all affected peaches will be packed and shipped within seven days, and meet the United States Department of Agriculture’s U.S. Fancy Grade and will be inspected by a New Jersey Department of Agriculture inspector to ensure they meet the requirements of the U.S. Fancy Grade. The proposed amendments add a new product to the Jersey Fresh Quality Grading program. There will now be voluntary Jersey Fresh standards for wine products made from New Jersey grown grapes, fruit and other agricultural products and which score at least a 13 out of 20 in the Quality Wine Assurance Program (QWA). The New Jersey QWA program was started in 1999 and is based on a 20-point wine evaluation scale that was developed at the University of California-Davis. This evaluation scale gives points for appearance, color, aroma and bouquet, acescent, total acid, sugar, body, flavor, astringency and general quality. New Jersey wines must pass a rigorous review process before they earn the coveted QWA designation. Wines submitted to the prestigious New Jersey Commercial Wine competition are reviewed by an independent review board consisting of certified wine judges, wine editors, wine distributors, liquor store owners, and experienced wine reviewers. Each wine is sampled to judge its quality. Wines that meet or exceed the rigorous review process are awarded the QWA designation. In addition, wineries must report, on an annual basis, 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.


Proposed Readoption
Agricultural Liming Materials
Rule N.J.A.C. 2:70
Proposal Date:
June 6, 2005
Comment Period Closes:
August 5, 2005
Status: Adopted
The rule governing agricultural liming materials was originally promulgated to (1) protect farmers and consumers by determining the manufacturer’s compliance with the guaranteed content of liming materials and (2) to reduce the amount of misbranded and deficient products offered for sale thereby insuring the quality and quantity of liming materials and promoting crop yield. The rules proposed for readoption define materials, and require that manufacturers provide information on their label of the materials and guaranteed analyses of their contents. Manufacturers are required to register their products prior to offering them for sale and to be responsible for fees and for tonnage inspection reports.

Proposed Readoption with Amendments
Milk Processors, Dealers and Sub-Dealers
Rule N.J.A.C. 2:52
Proposal Date:
June 6, 2005
Comment Period Closes: August 5, 2005
Status: Adopted
The rules proposed for readoption with amendments and new rules require milk processors, dealers and subdealers to maintain accurate records on milk transactions to assist the Division of Marketing and Development in its evaluation of the licensee’s business operations concerning adherence to applicable New Jersey statutes and the rules of the Division, and to obtain approval from the Division before serving an unlicensed store; require the giving of two weeks’ notice when requesting to change milk supplier; and list conditions under which the Director might deny approval to change supplier. In addition, the rules describe the conditions pertaining to the changing of a licensee’s source of milk supply; the instances when the notice is required; who should file the notice; who should receive the notice; when and why approval to change suppliers may be denied; commencement of the two-week period; and who will be notified of approval or denial to change source of supply. The rules also require that a licensee desiring to stop serving an account must give written notice to the customer and the Division, at least two weeks prior to the proposed date of discontinuance. The two weeks’ notice is not required if the customer releases the supplier in writing and sends a copy of the release to the Division. Furthermore, licensed milk dealers are prohibited from selling milk below variable cost. The term “variable cost” is defined in the chapter and certain costs are required to be averaged. Raw milk cost is also defined in this chapter. Another amendment clarifies that each retail location must maintain its own records. Another amendment removes an annual reporting requirement. The item that set forth confidential provisions has been deleted and a new rule is proposed to describe the conditions under which information will be held confidential. In addition, amendments are proposed to require complaints be filed with the Department within 30 days. This will allow the Department to resolve these issues in a timely fashion and maintain an orderly flow of milk and milk products to citizens of New Jersey.

Proposed Readoption with Amendments
Dairy Industry
Rule N.J.A.C. 2:48
Proposal Date:
June 6, 2005
Comment Period Closes: August 5, 2005
Status:
Adopted
The current rule requires the word “milk,” when used in any advertising copy, to be the same size and color as the other parts of the product name. This requirement remains unchanged upon readoption. Proposed amendments require submission of advertisement copy and prior approval of the Division before printing any promotional program materials for milk and milk products including, but not limited to, “cents-off, “bonus card” or “refunds.” These amendments have become necessary, as the Department has seen an increase in prohibited advertisements, as the milk industry has grown smaller and more competitive. The amendments describe the conditions under which information will be held confidential. The rules proposed for readoption define the marketing areas in New Jersey as included in Federal Milk Order No 1 (Northeast Marketing Area), prohibit false, misleading or unfair advertising of milk and milk products; prevent dealers and store licensees from publishing false and misleading advertisements of milk and prevent the licensee from misleading the consumer concerning the quality of milk and milk products being offered for sale; and prevent the use of coupons in any advertising media which results in the sale of any milk or fluid milk product below cost. The rule provides for the unlimited use of coupons under certain conditions.

Proposed Rule Amendment
Disease Control Program
Enumeration of Diseases and Agents Contagious, Infectious, or Hazardous to the Health of Livestock, Poultry, Aquaculture or Animals Raised for Fur
Rule N.J.A.C. 2:2-1.1
Proposal Date:
May 2, 2005
Comment Period Closes:
July 1, 2005
Status: Adopted
The amendment expands the list of diseases reportable to the New Jersey Department of Agriculture to continue ensuring the health of New Jersey livestock, poultry, aquacultured aquatic organisms or species, and animals raised for fur by protecting those populations from the spread or introduction in New Jersey of contagious, infectious, or hazardous diseases of agents which pose a particular and dangerous menace. Updates are needed as a result of recent disease outbreaks in the United States that are of significance to animals in New Jersey, including Exotic Newcastle Disease, Bovine Spongiform Encephalopathy, and Highly Pathogenic Avian Influenza. To address current national animal disease issues and to address heightened security concerns, the rule has been amended to require the reporting of any diseases listed on the CDC list of Select Agents, the USDA list of High Consequence Livestock Diseases, the USDA list of Foreign Animal Diseases and diseases notifiable to the World Animal Health Organization. The identification and reporting of these diseases in New Jersey is critical to protect animal and/or human health and to prevent national and/or international embargoes of animals and animal products resulting from such outbreaks.

Proposed Readoption with Amendments and Repeals

Diseases of Bees
Rule N.J.A.C. 2:24
Proposal Date: May 2, 2005
Comment Period Closes:
July 1, 2005
Status: Adopted
Maintaining the health of New Jersey’s bee population is important to the agricultural industry. Declines in honey bee populations can cause serious economic repercussions throughout the agricultural community. In New Jersey, many crops benefit from bee pollination such as apples, cranberries, blueberries, cantaloupes, cucumbers and watermelons. Besides pollinating agricultural crops, honey bees also pollinate a wide variety of annual and perennial flowers, along with all tree species. The proposed rule sets forth definitions, defines regulated articles and outlines the inspection, certification and registration requirements of apiaries in New Jersey.

Proposed Readoption with Amendments
Laboratory Services
Rule N.J.A.C. 2:10
Proposal Date:
January 4, 2005
Comment Period Closes:
March 4, 2005
Status:
Adopted
The State Board of Agriculture sets a schedule of fees to defray the costs of animal disease diagnostic and testing services. Readoption of this rule with amendments is necessary to provide farmers with animal disease diagnostics and defray the costs incurred by the Department in providing these services. There is a need to revise the current user fees for veterinary diagnostic services to reflect changes in operating costs and changes in the method used to calculate Departmental costs. Additional user fees have been added to cover the costs of additional veterinary diagnostic services. In addition, these user fees have been reorganized to list user fees by type of service.

Proposed Rule Amendments

Asian Longhorned Beetle
Rule N.J.A.C. 2:20-8.5
Proposal Date: 12/17/04
Comment Period Closes: 2/17/05
Status: Adopted
The emergency amendments expand the area in Rahway, Linden and Woodbridge in which restrictions to movement of 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: 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.), Poplar (Populus spp.) due to an infestation of the Asian longhorned beetle The Asian longhorned beetle, Anoplophora glabripennis, is an injurious pest not native to New Jersey and now found damaging maple trees in Carteret, Middlesex County and Rahway, Union County, New Jersey. These emergency amendments are necessary to contain that infestation until it can be eradicated.

Proposed Rule Amendments
Sire Stakes Program
Rule N.J.A.C. 2:32-2.3, 2.9, 2.10, 2.20 and 2.27

Proposal Date: 11/15/04
Comment Period Closes: 1/14/05
Status: Adopted
The proposed amendments establish the conditions for the operation of and participation in the New Jersey Sire Stakes Program. They set forth changes to the address for notification to the standardbred Breeders and Owners’ Association of New Jersey (SBOA-NJ) and change nomination, sustaining and starting fees. Specifically, the following fees amendments are proposed: increase the basic yearling nomination fee from $40.00 to $50.00; increase the yearling nomination fee from $200.00 to $250.00 for those yearlings that are a result of the interstate shipment of fresh semen of a Sire Stakes stallion and increase the processing fees for nominations submitted without appropriate documentation from the United States Trotting Association from $10.00 to $25. The amendments also address supplemental nominations for those yearlings not nominated by the May 15th deadline. If the payment is made after September 15th but before February 15th of the two-year-old year, the fee changes from the original nomination amount plus a late fee of $500.00 to the original nomination amount plus a late fee of $550.00. Supplemental payments for the Babic Open and the Babic Filly will each increase by $100.00. The proposal also sets forth the requirements for sustaining fees for the Sire Stakes Program. Sustaining fees for all of the pari-mutuel divisions will increase by $50.00 for each payment. Sustaining fees for the Babic series will each increase by $100.00. The final amendment sets forth the entry fees for final races. The entry fees for pari-mutuel races at the Meadowlands will decrease from $2,500 to $1,500 while the entry fees for pari-mutuel races at Freehold will decrease from $1,500 to $1,000.

Proposed Rule Amendments, New Rules
Child Nutrition Programs
Rule N.J.A.C. 2:36-1.1, N.J.A.C. 2:36-1.7 and 1.13, N.J.A.C. 2:36-1.7 as 1.8, 1.8 as 1.9 and 1.10 and 1.11
Proposal Date:
9/15/04
Comment Period Closes: 1/14/05
Status: Adopted
The proposed amendments and new rules require school districts to improve the nutritional value of food offered in cafeteria a la carte lines, vending machines, school stores and fundraisers by development of a local level school nutrition policy is in compliance with the Department’s Model School Nutrition Policy. The proposed amendments and new rules extend the prohibition of the sale, service or free promotion of foods of minimal nutritional value throughout the school day as well as expanding the restricted categories of food items made available to students. The Model Policy also requires schools to provide adequate time for student meal service and consumption. In addition, the proposed amendments and new rules require implementation of biosecurity protocols. Finally, the proposed amendments and new rules clarify the application of these rules not only to all participating sponsors (both public and non-public) but also to all school districts required to make school lunch and/or breakfast available regardless of participation in the National School Lunch and/or School Breakfast Programs.

A public hearing on this proposal will be held on Wednesday, December 1, 2004, at 9:30 a.m. at Rutgers University's Cook Campus Center, Multi-purpose Room C, 59 Biel Road, New Brunswick, NJ.

View the Model School Nutrition Policy

Proposed Rule Amendments
Rule Proposal N.J.A.C. 2:8-1.2, 2.2, 2.6, 5.5, 7.2, 7.6, 8.1 and 8.6
Proposal Date:
6/7/04
Comment Period closes: 8/6/04
Status: Adopted
Synopsis: The proposed amendments will redefine "Hyperthermia," "Minor violations," "Routine husbandry practices," and "Severe violations" to more accurately reflect the Department's intent. Additional amendments will allow cattle or swine with a BCS of 1.0 to go to slaughter, but not to a livestock market. These amendments recognize that there may be times when, due to the stage of production or development of the animal, a BCS may fall below 2.0 and, rather than differently manage the animal, it is necessary to transport the animal for slaughter. Other amendments will prohibit the transport of non-ambulatory disabled cattle or swine to a livestock market in order to be consistent with Federal regulations regarding the transport of non-ambulatory disabled cattle and swine. Another amendment will conform with a Federal regulation which prohibits the transport of rabbits for longer than six hours without food and water. Another amendment will be added to clarify that for anyone investigating or enforcing these standards and arrives at the location where the animals are kept with clean, new equipment, that equipment may not need to be disinfected upon arrival. Finally, another amendment clarifies that nothing limits the assertion of the informer's privilege as found in the New Jersey Rules of Evidence.

Proposed New Rule: Division of Animal Health
Humane Treatment of Domestic Livestock
Rule Proposal N.J.A.C. 2:8
Proposal Date: 5/4/03
Comment Period closes:
7/4/03
Status: Adopted
Synopsis: These new rules are being proposed pursuant to N.J.S.A. 4:22-16.1(a), which directs the Department of Agriculture -- in consultation with the New Jersey Agricultural Experiment Station -- to adopt “standards for the humane raising, keeping, care, treatment, marketing, and sale of domestic livestock,” as well as “rules and regulations governing the enforcement of those standards.”
References
Notice of Adoption, June 7, 2004

Proposed Rule: Division of Administration
Government Records; Confidentiality of Records N.J.A.C. 2:1-5 and 6
NJR: July 1, 2002/PRN 2002-220
Synopsis: The proposed rule expands the public's right of access to the Department's government records may be requested by the public and provided by the Department. The proposed rule also identifies those records of the Department deemed confidential and thus not considered as government records.

Rules proposed by the State Agriculture Development Committee

 

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