Bill Text: NJ A2665 | 2010-2011 | Regular Session | Introduced
Bill Title: Clarifies law concerning labeling of farm products; increases penalties for violations and false labeling and identification of "Jersey Fresh" and Department of Agriculture designated brands; repeals R.S.4:10-15.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2010-11-08 - Received in the Senate, Referred to Senate Economic Growth Committee [A2665 Detail]
Download: New_Jersey-2010-A2665-Introduced.html
Sponsored by:
Assemblywoman CELESTE M. RILEY
District 3 (Salem, Cumberland and Gloucester)
SYNOPSIS
Clarifies law concerning labeling of farm products; increases penalties for violations and false labeling and identification of "Jersey Fresh" and Department of Agriculture designated brands; repeals R.S.4:10-15.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning misuse of labeling on farm products, and amending various sections of statutory law, and repealing R.S.4:10-15.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.4:10-5 is amended to read as follows:
4:10-5. No person shall use the outline of this State on packages or devices containing farm products unless [he] the person is licensed by the department so to do.
Upon application for such a license and upon being satisfied that any farm products to be sold by the applicant conform to official standards promulgated by the department, the department may issue a license in the name of the State, permitting the person to use the outline on any such package or device.
The form of the application and the license shall be determined by the department.
The license may be revoked by the department at any time for good cause shown after notice and an opportunity to be heard and subject to the right of appeal to the State board.
A person who shall violate the provisions of this section shall be liable to a penalty of [fifty dollars ($50.00)] $100, to be [recovered in a civil action by and in the name of the department, which penalty when recovered shall be] collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and paid [into] to the [State treasury.] General Fund. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section. Each package or device improperly labeled in violation of this section shall constitute a separate violation.
(cf: P.L.1953, c.5, s.20)
2. R.S.4:10-9 is amended to read as follows:
4:10-9. All fees and other moneys collected under this chapter by the secretary and the employees or agents of the department, shall be paid into the [state treasury] General Fund, and shall be appropriated for the use of the department in carrying out the provisions of this chapter when authorized by any appropriation act.
(cf: R.S.4:10-9)
3. Section 1 of P.L.1956, c.88 (C.4:10-13.1) is amended to read as follows:
1. No person shall designate, display any sign designating, or advertise any business as a "farmers' market," "farmers' auction market," or use words in connection therewith the general import of which would indicate or tend to indicate to the public at large that farm products as defined in [section] R.S.4:10-1 [of the Revised Statutes] are dealt with therein, unless such farm products are the principal commodities displayed and offered for sale or sold in the operation of such business.
(cf: P.L.1956, c.88, s.1)
4. R.S.4:10-14 is amended to read as follows:
4:10-14. a. A person who shall:
[a. Violate] (1) except as provided for pursuant to subsection b. of this section, violate any provision of this chapter or [the] any rules or regulations [made under this chapter for carrying out] adopted pursuant thereto to implement any such provision;
[b. Fail] (2) fail to comply with any requirement of this chapter;
[c. With] (3) with intent to deceive, answer or report falsely in response to any requirement of this chapter; or
[d. Willfully] (4) knowingly interfere with the secretary, or the employees or agents of the department, in the performance of duties prescribed by this chapter--
Shall for the first offense be liable to a penalty of not more than [fifty dollars ($50.00)] $100, and for any subsequent offense be liable to a penalty of not more than [one hundred dollars ($100.00)] $200, to be [sued for and recovered in a civil action by, and in the name of, the department; except that the provisions of this section shall not apply to violations of section 4:10-5 of this Title] collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section. The penalty when recovered shall be paid [into the State treasury.] to the General Fund. Whenever a violation of this section involves false, misleading, or improper labeling of farm products, each package shall constitute a separate violation.
b. The provisions of subsection a. of this section shall not apply to violations of R.S.4:10-5, or any rules or regulations adopted pursuant thereto.
(cf: P.L.1953, c.5, s.21)
5. Section 6 of P.L.1939, c.136 (C.4:10-21) is amended to read as follows:
6. The Secretary of Agriculture shall cause to be printed labels bearing a State brand in sufficient quantities to meet the demand therefor and may sell such labels at a price to be fixed by the Secretary of Agriculture. As an alternative method, the Secretary of Agriculture may, in accordance with rules and regulations [promulgated] adopted by [him] the department, rent dies or cuts of the State brand to persons or organizations desiring to manufacture their own labels for use on fresh or processed farm products owned and packed by them, at a price to be fixed by the Secretary of Agriculture. When a brand bearing the outline of the map of the State is desired to be used, the applicant shall secure a license [to] for its use [same] as provided in [section] R.S.4:10-5 [of the Revised Statutes].
(cf: P.L.1939, c.136, s.6)
6. Section 10 of P.L.1939, c.136 (C.4:10-25) is amended to read as follows:
10. The Secretary of Agriculture shall have the power, by injunction or otherwise, to restrain any person or organization using or attempting to use any State brand or the use of the outline of the State, except in accordance with the provisions of [this act] R.S.4:10-5 or P.L.1939, c.136 (C.4:10-16 et seq.).
(cf: P.L.1939, c.136, s.10)
7. R.S.4:10-15 is hereby repealed.
8. This act shall take effect immediately.
STATEMENT
This bill doubles the penalties for misuse of the outline of the State on packaging of farm products and other violation of chapter 10 of Title 4 of the Revised Statutes, the law concerning labeling and identification of farm products and Department of Agriculture designated brands. These brands include "Jersey Fresh." The bill also clarifies that, concerning violations that involve the labeling of farm products, each improperly labeled package would constitute a separate violation.
