N.J. Admin. Code § 2:71-7.3
Current through Register Vol. 57, No. 1, January 6, 2025
Section 2:71-7.3 - Use of the "Jersey Grown" logo(a) The New Jersey Department of Agriculture approves the use of "Jersey Grown" in conjunction with the New Jersey map symbol under the provisions of N.J.S.A. 4:10-5 and 4:10-15 as an official emblem for identifying New Jersey produced nursery stock, plant material, turfgrass sod, firewood, sunflower seeds (not for human consumption), cut Christmas trees, and ornamental annual plant material.(b) Persons, firms, partnerships, corporations, or associations must first obtain a valid nursery certificate, issued by the Division of Plant Industry pursuant to N.J.A.C. 2:16, before applying to utilize the "Jersey Grown" logo on plant material, nursery stock, or ornamental annual plant material and must be licensed in accordance with this section and comply with the applicable requirements of N.J.A.C. 2:71-7.4 and 7.9. Persons, firms, partnerships, corporations, or associations utilizing the "Jersey Grown" logo on cut Christmas trees must be licensed in accordance with this section and comply with the requirements of N.J.A.C. 2:71-7.5. Persons, firms, partnerships, corporations, or associations utilizing the "Jersey Grown" logo on turfgrass sod must be licensed in accordance with this section and comply with the requirements of N.J.A.C. 2:71-7.6. Persons, firms, partnerships, corporations, or associations utilizing the "Jersey Grown" logo on firewood must be licensed in accordance with this section and comply with the requirements of N.J.A.C. 13:47C-3.1 and 2:71-7.7. Persons, firms, partnerships, corporations, or associations utilizing the "Jersey Grown" logo on sunflower seeds (not for human consumption) must be licensed in accordance with this section and comply with the requirements of N.J.A.C. 2:71-7.8. No nursery certificate is needed for cut Christmas trees, turfgrass sod, firewood, or sunflower seeds (not for human consumption).(c) Only those persons, firms, partnerships, corporations, or associations licensed to use the "Jersey Grown" logo shall be permitted to attach or have it imprinted upon any documents related to their nursery stock, plant material, turfgrass sod, firewood, sunflower seeds (not for human consumption), cut Christmas trees, or ornamental annual plant material or to employ its use in advertising or in any manner whatsoever. Layout of proposed advertising to be used for the marketing of "Jersey Grown" plants and nursery stock shall be submitted for approval to the Division of Marketing and Development, New Jersey Department of Agriculture, in advance of their manufacture and use.(d) Any person, firm, partnership, corporation, or association wishing to employ the "Jersey Grown" logo in marketing New Jersey produced plant materials, nursery stock, turfgrass sod, firewood, sunflower seeds (not for human consumption), cut Christmas trees, or ornamental annual plant material shall make application to the New Jersey Department of Agriculture for a license to do so. The application shall be made in writing, upon a form provided by the Department for this purpose. The application shall reveal the name, address, and nursery certificate of the user, the type of plant material, nursery stock, or cut Christmas tree for which the user is seeking a license and other such information as is deemed necessary for enforcement of the "Jersey Grown" program. The Department will hold confidential any information provided in the application that constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under the Open Public Records Act, N.J.S.A. 4:1A-1 et seq., subject to the limitations set forth therein.(e) All applications approved for issuance of license shall have the license granted for the period of one year commencing July 1. Licenses shall be renewed annually upon application filed with the Department 60 days prior to the date of July 1.(f) A non-refundable fee of $ 30.00 shall accompany the application form and shall be made payable to the New Jersey Farm Products Publicity Fund.(g) When a license holder discontinues use of the Jersey Grown logo, fails to renew his license when required or has his license revoked, he shall be prohibited from its use in any manner, including, but not limited to, stationery, forms, advertising on billboards or other signs or on trucks or car panels.(i) All nursery stock marketed under the logo program shall be propagated and/or grown in New Jersey for a period of at least six months prior to retail sale under the conditions set forth in this section and N.J.A.C. 2:71-7.4. All cut Christmas trees marked under the logo program shall be propagated and/or be grown in New Jersey for a period of at least four years prior to retail sale under the conditions set forth in N.J.A.C. 2:71-7.5. All turfgrass sod marketed under the logo shall be grown in New Jersey for a period of at least eight months prior to retail sale under the conditions set forth in N.J.A.C. 2:71-7.6. All firewood marketed under the program shall be harvested from trees grown in New Jersey private forestlands managed under an approved woodland management plan under the conditions set forth in N.J.A.C. 2:71-7-7. All sunflower seeds (not for human consumption) marketed under the program shall be grown in New Jersey under the conditions set forth in N.J.A.C. 2:71-7.8. All ornamental annual plant material marketed under the logo program shall be produced (meaning grown to finish) in New Jersey under the conditions set forth in N.J.A.C. 2:71-7.9.(j) Any licensed producer using the "Jersey Grown" logo for nursery stock, plant material, or ornamental annual plant material without satisfying the applicable requirements set forth in this section and N.J.A.C. 2:71-7.4 and 7.9, any licensed grower using the "Jersey Grown" logo for cut Christmas trees without satisfying the requirements set forth in this section and N.J.A.C. 2:71-7.5, any licensed grower using the "Jersey Grown" logo for turfgrass sod without satisfying the requirements set forth in this section and N.J.A.C. 2:71-7.6, any licensed producer using the "Jersey Grown" logo for firewood without satisfying the requirements set forth in this section and N.J.A.C. 2:71-7.7, any licensed producer using the "Jersey Grown" logo for sunflower seeds (not for human consumption) without satisfying the requirements set forth in this section and N.J.A.C. 2:71-7.8, any unlicensed or uncertified producer or grower using the "Jersey Grown" logo or anyone violating any provision of N.J.S.A. 4:10-14 shall be subject to a penalty of not more than $ 100.00 for the first offense and not more than $ 200.00 for each subsequent offense, except for violations of N.J.S.A. 4:10-5, which penalty shall be $ 100.00. Whenever an offense involves false, misleading, or improper labeling of farm products, each package shall constitute a separate offense.(k) After the second violation of any part of this subchapter by the same licensed producer or grower during the same calendar year, the license to use the "Jersey Grown" logo shall be revoked for the remainder of the license year.(l) The Division of Marketing and Development shall make an initial determination as to whether to deny an initial license, or revoke a license as provided in subsections (j) and (k) of this section.(m) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (l) above, shall, upon written request transmitted to the Department within 20 days of the license denial, or notice of intent to revoke a license, 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 Marketing and Development, N.J. Department of Agriculture, PO Box 330, Trenton, New Jersey 08625-0330.(n) The State Board of Agriculture shall make a final determination as to whether to deny or revoke a license following a hearing as provided in (m) above.(o) Orders for penalties or to enjoin continuing violations may be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999." The Superior Court and the Municipal Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999."(p) Upon revocation of a license, a producer or grower may reapply for a license for the next license year.N.J. Admin. Code § 2:71-7.3
Amended by R.2006 d.424, effective 12/4/2006.
See: 38 N.J.R. 3345(a), 38 N.J.R. 4994(a).
In (a), inserted "and cut Christmas trees"; in (b), (c), (d) and (j), inserted quotation marks around "Jersey Grown" throughout; in (b), inserted "on plant material or nursery stock" and added last sentence; in (c), inserted "nursery stock," and "or cut Christmas trees"; in (d), deleted "and " following "plant materials,", inserted ", and cut Christmas trees", substituted a comma for "or" following "plant material" and inserted "or cut Christmas tree"; in (i), deleted quotation marks around "logo" and added last sentence; in (j), inserted "any licensed grower using the 'Jersey Grown' logo for cut Christmas trees without satisfying the requirements set forth in this section and N.J.A.C. 2:71-7.5," and "or grower"; and in (k) and (p), inserted "or grower".
Amended by R.2009 d.98, effective 4/6/2009.
See: 40 N.J.R. 6261(a), 41 N.J.R. 1392(a).
Updated the Jersey Grown logo in (h).
Amended by R.2009 d.296, effective 10/5/2009.
See: 41 N.J.R. 1296(a), 41 N.J.R. 3794(a).
In (a) and (c), inserted ", turfgrass sod, firewood, sunflower seeds (not for human consumption)"; in (d), inserted "turfgrass sod, firewood, sunflower seeds (not for human consumption)"; rewrote (b) and (j); and in (i), inserted the last three sentences.
Amended by R.2010 d.128, effective 6/21/2010.
See: 42 N.J.R. 8(a), 42 N.J.R. 1139(a).
In (i), deleted "or from State lands in accordance with the New Jersey Forest Service Commercial Firewood Program" following "plan".
Amended by R.2013 d.040, effective 2/19/2013.
See: 44 N.J.R. 2417(a), 45 N.J.R. 329(b).
Rewrote (a), (b), (c), (d), (i), (j), and ( o).Amended by 55 N.J.R. 2471(a), effective 12/18/2023