N.J. Admin. Code § 2:71-2.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 2:71-2.4 - Agricultural commodities intended to be marketed under the Jersey Fresh Quality Grading Program and Premium Program

(a) Only apples, alfalfa sprouts, asparagus, beets (bunched), beets (topped), beet greens, blueberries, bok choy, broccoli greens, broccoli rabe (rapini), bunched Italian sprouting broccoli, cabbage (domestic, savoy and red), cabbage (Chinese), cantaloupes, carrots (topped), carrots (bunched), cauliflower, celery root, collard greens, sweet corn, cranberries, cubanelle peppers, cubanelle peppers (red), cucumbers, cucumbers (cukes), cucumbers (pickling type), cucumbers (slicing type), dandelion greens, eggplants, endive, escarole, fennel (sweet anise), herbs (fresh), horseradish roots, kale, kohlrabi, leeks, bibb lettuce, big Boston lettuce, iceberg lettuce, lettuce (green leaf and red leaf, lolla rosa and red oak leaf), romaine lettuce, radicchio lettuce, mustard greens, nectarines, okra, common green onions, parsley, parsnips, peaches, fresh peas, cheese peppers, hot peppers (green or red), sweet peppers (green and red, bell type), sweet peppers (yellow, bell type), sweet potatoes, white potatoes, pumpkins, radishes (bunched), raspberries, rhubarb, rutabagas, salad mixes, shallots (topped), snap beans, spinach (bunched), spinach plants, strawberries, summer squash (yellow or green), fall and winter squash (butternut, acorn and spaghetti), Swiss chard, tomatoes (fresh market), cherry tomatoes, plum tomatoes, grape tomatoes, turnips (bunched), turnip (topped), turnip greens, watermelons (sugar baby), shell eggs, cut flowers, cactus, and honey may be identified by the logo.

(b) A New Jersey producer of raw milk or an organization of New Jersey producers of raw milk is permitted to make application to the New Jersey Department of Agriculture for a license and registration number to employ the use of the Jersey Fresh logo to market "Jersey Fresh Milk," "Jersey Fresh Flavored Milk," "Made with Jersey Fresh Milk" and "Made with Premium Jersey Fresh Milk" from raw milk produced in New Jersey.

1. Milk marketed under the "Jersey Fresh" logo may not be co-mingled with fluid milk produced outside the State of New Jersey.

(c) Raw milk used to process "Jersey Fresh Milk," "Jersey Fresh Flavored Milk" and "Made with Jersey Fresh Milk" displaying the Jersey Fresh logo shall meet all grade A requirements set forth at N.J.A.C. 8:21-10 and the United States Food and Drug Administration at 21 C.F.R. § 131.110, as amended and supplemented, incorporated herein by reference.

(d) Raw milk used to process products "Made with Premium Jersey Fresh Milk" shall meet the standards set forth at (c) above, as well as a somatic cell count not exceeding 150,000 somatic cells per milliliter.

(e) Ice cream marketed using the "Made with Jersey Fresh Milk" logo shall meet all requirements set forth at N.J.A.C. 8:21-7 and the United States Food and Drug Administration at 21 C.F.R. § 135.110, as amended and supplemented, incorporated herein by reference. In addition, these products shall be produced using only raw or pasteurized milk and milk products obtained from New Jersey dairy farms. All other agricultural ingredients subject to this chapter used in the production of these products shall be produced in New Jersey, contingent only upon seasonal availability.

(f) A New Jersey winery is permitted to make application to the New Jersey Department of Agriculture for a license and registration number to employ the use of the "Jersey Fresh" logo to market wine produced in New Jersey.

1. All wine using the "Jersey Fresh" logo on its packaging shall only be produced from grapes, fruit, and other agricultural products that were grown in New Jersey. Wine marketed under the "Jersey Fresh" logo shall not be commingled with grapes, fruit or other agricultural products grown or produced outside the State of New Jersey.

2. The Department hereby adopts and incorporates by reference as amended and supplemented the Davis 20-point scale (1995), which forms the basis for the Garden State Wine Growers Association, Quality Wine Alliance (QWA) Program.

3. A copy of the Davis 20-point scale and Quality Wine Alliance Program guidelines are available by contacting Executive Director of the Garden State Winegrowers Association. The phone number is: (609) 890-8188. A copy is also available in the Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, PO Box 330, Trenton, NJ 08625-0330.

4. All wine bearing the "Jersey Fresh" logo must score a minimum of 13 (out of 20) points on the QWA. This designates the wine as free from flaws.

(g) All commodities, other than peaches and those set forth in (b) through (f) above, may be identified by the premium "logo" if graded and packed in accordance with the requirements in N.J.A.C. 2:71-2.5, with the exception that the applicable tolerances will be two percent less than the total tolerance stated in the United States Standards (identified at N.J.A.C. 2:71-2.1) or this chapter for the commodities in the premium program.

1. For peaches to be marketed as "premium," they must meet the requirements of the United States Department of Agriculture's (USDA's) US Fancy Grade; be grown and packed in accordance with the United States Department of Agriculture's Good Agricultural Practices/Good Handling Practices Program, which includes the Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables (October 1998) along with 2005 Audit Matrix and Score Sheets to determine compliance, hereby adopted and incorporated by reference as amended and supplemented; and be packed and shipped within seven days of harvest.

2. A copy of the U.S. Food and Drug Administration's Guide to Minimize Microbial Food Safety Hazards for Fresh Fruits and Vegetables (October 1998) may be found at . A copy of USDA's Good Agricultural Practices/Good Handling Practices Program, including the 2005 Audit Matrix and the Score Sheets may be obtained at http://www.ams.usda.gov/fv/fpbgapghp.htm. A copy of this information is also on file in the Director's Office, Division of Marketing and Development, New Jersey Department of Agriculture, PO Box 330, Trenton, NJ 08625-0330.

(h) All agricultural commodities marketed under the "logo" program shall be produced in New Jersey, and packed at a site approved by the Department.

N.J. Admin. Code § 2:71-2.4

New Rule R.1985 d.282, effective 6/3/1985.
See: 17 N.J.R. 765(b), 17 N.J.R. 1407(d).
Amended by R.1986 d.201, effective 6/2/1986.
See: 18 N.J.R. 588(b), 18 N.J.R. 1196(c).
Substantially amended.
Amended by R.1987 d.89, effective 2/2/1987.
See: 18 N.J.R. 2347(a), 19 N.J.R. 287(a), 19 N.J.R. 355(a).
Added "peaches" and deleted "Jersey Fresh" from the logo program.
Amended by R.1987 d.442, effective 11/2/1987.
See: 19 N.J.R. 1593(c), 19 N.J.R. 1987(a).
Added raspberries.
Amended by R.1988 d.97, effective 3/7/1988.
See: 19 N.J.R. 2327(a), 20 N.J.R. 525(a).
Added sweet anise (fennel), apples, asparagus, cucumbers (pickling type), endive, escarole, nectarines, okra, parsley and romaine to be identified by logo.
Amended by R.1988 d.421, effective 9/6/1988.
See: 20 N.J.R. 1129(b), 20 N.J.R. 2254(a).
Added "herbs (fresh), leeks, big Boston lettuce".
Amended by R.1989 d.234, effective 4/6/1989.
See: 21 N.J.R. 227(a), 21 N.J.R. 1118(b).
(a): Added a number of fruits and vegetables to be included under the Jersey Fresh Quality Grading Program.
Amended by R.1989 d.235, effective 4/6/1989.
See: 21 N.J.R. 591(a), 21 N.J.R. 1118(a).
Added "Premium Program" to section heading.
(a): Added language specifying products to be packed under Quality Grading Program and added new (b) describing products eligible for the Premium Program logo. Old (b) recodified as (c).
Amended by R.1990 d.354, effective 7/16/1990.
See: 22 N.J.R. 1296(a), 22 N.J.R. 2140(b).
Added domestic, savoy and red cabbage; dandelion greens, kohlrabi, hot peppers (green or red), snap beans, spinach plants, yellow or green summer squash and butternut, acorn and spaghetti squash.
Amended by R.1992 d.374, effective 10/5/1992.
See: 24 N.J.R. 2318(b), 24 N.J.R. 3511(b).
Revised (a). Amended by R.1994 d.485, effective 9/19/1994.
See: 26 N.J.R. 2831(a), 26 N.J.R. 3828(a). Amended by R.2000 d.380, effective 9/18/2000.
See: 32 N.J.R. 2218(a), 32 N.J.R. 3391(a). Rewrote (a) and (b).
Amended by R.2003 d.434, effective 11/3/2003.
See: 35 N.J.R. 2974(a), 35 N.J.R. 5060(a).
In (a), inserted "carrots (topped), carrots (bunched)," following "cantaloupes,", inserted "cranberries," following "sweet corn,", inserted "turnips (bunched)," following "grape tomatoes," and deleted "ice milk" following "ice cream"; rewrote (c).
Amended by R.2004 d.422, effective 11/15/2004.
See: 36 N.J.R. 2319(a), 36 N.J.R. 5088(b).
In (a), deleted "milk (whole, one percent, two percent, skim, chocolate), and ice cream" preceding "may be identified by the logo"; added (b) through (e); recodified existing (b) and (c) as (f) and (g).
Amended by R.2005 d.329, effective 10/3/2005.
See: 37 N.J.R. 2163(a), 37 N.J.R. 3809(c).
Added (f); recodified former (f) as (g) and rewrote subsection; recodified former (g) as (h).

Amended by 55 N.J.R. 2471(a), effective 12/18/2023