N.J. Admin. Code § 2:71-8.5

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

Section 2:71-8.5 - Penalties

(a) Any person, firm, partnership, corporation, cooperative, or association using the "Jersey Organic" logo for organic agricultural commodities without satisfying the requirements set forth at 7 CFR Part 205 or this subchapter, any unlicensed or uncertified producer or handler using the "Jersey Organic" logo, or anyone violating any provision at N.J.S.A. 4:10-1 et seq., 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 at 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.

(b) After the second violation of any part of this subchapter by the same licensed person, firm, partnership, corporation, cooperative or association during the same calendar year, the license to use the "Jersey Organic" logo shall be revoked for the remainder of the license year.

1. The Division of Marketing and Development shall make an initial determination as to whether to revoke a license under this subsection.

2. Revocation of a license pursuant to this subsection does not prohibit a licensee from reapplying for a license for the next license year.

(c) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to N.J.A.C. 2:71-8.4 or 8.5, upon written request as provided below, shall 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 the Uniform Administrative Procedure Rules N.J.A.C. 1:1.

1. Written requests for hearings shall be sent to:

Director, Division of Marketing and Development

N.J. Department of Agriculture

P.O. Box 330

Trenton, New Jersey 08625-0330

2. Written request for hearings must be transmitted to the Department within 20 days of the license denial or notice of intent to revoke a license.

(d) 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 (c) above.

(e) 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."

N.J. Admin. Code § 2:71-8.5

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) and (e).

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