N.J. Admin. Code § 2:5-7.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 2:5-7.1 - Penalties for violations of this chapter

(a) Any person who shall violate the provisions of this chapter shall be liable for a penalty of not less than $ 1,000 per unit or violation nor more than $ 2,000 per unit or violation for a first offense.

(b) For a second or subsequent offense, the penalty shall be $ 2,000 per unit or violation or may subject the offender to imprisonment for not more than one year, or both.

(c) A unit is any division or quantity accepted as a standard of measurement or exchange. Where it is possible to determine the number of animals (livestock or poultry), including by use of a reasonable estimate, the Department will use that number as the basis for calculating a penalty. Where a reasonable estimate of the number of animals involved has been relied upon as the basis for a penalty calculation, the Department will describe the evidence supporting its estimate. The evidence upon which a reasonable estimate of the number of animals involved will depend on the circumstances and may include, but is not limited to, reliance on one or more of the following: actual count(s); commercial or transportation documents; investigator and/or witness statements; standard operating procedures and/or other customary practices; standard sizes of shipping crates or transport vehicle capacity; or any other identifiable means that can provide an evidentiary basis to determine the number of animals involved for penalty calculation purposes.

(d) Every day upon which a violation occurs at the same individual location or by the same individual or persons representing that individual shall be considered a separate violation.

(e) The State Veterinarian shall make an initial determination as to whether a violation exists and the amount of the penalty to be assessed.

(f) Any person who is aggrieved by the determination of the State Veterinarian pursuant to (e) above shall, upon written request transmitted to the Department within 20 days of the notice of violation, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

1. Requests for hearings shall be sent to Director, Division of Animal Health, New Jersey Department of Agriculture, PO Box 400, Trenton, New Jersey 08625-0400.

2. An informal prehearing conference with the State Veterinarian shall occur within 30 calendar days after the Department receives the written request for a hearing.

(g) The State Board of Agriculture shall make a final determination as to whether to affirm, amend or overturn any violations or penalties assessed thereon following a hearing as provided in (f) above.

(h) Orders for penalties or to enjoin continuing violations may be enforced by summary action brought in the name of the Department in Superior Court or Municipal Court.

N.J. Admin. Code § 2:5-7.1

Amended and recodified from 2:5-5.1 by 55 N.J.R. 1683(b), effective 8/7/2023