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Rule Proposals
To search the New Jersey Administrative Code and register, visit www.lexisnexis.com/njoal/.
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Notice of Rule Proposals
Disclaimer: Notices of Proposal are posted on this site by the New Jersey Department of Agriculture to comply with N.J.S.A. 52:14B-4 to inform the public about pending rules. This version is not the official text of the proposal and may differ from the official text. The official text of the proposal is published in the New Jersey Register issue for the date indicated. Click on the rule title for additional information.
Laboratory Services - Fees
Grades and Standards
Dairy Licensing Fees and Penalties
Gypsy Moth Suppression
Bonding Requirements
Soil Erosion and Sediment Control
Commercial Fertilizer and Soil Conditioners Commercial Values
Controlled Atmosphere Storages
Criteria and Standards for Animal Waste Management
Pine Shoot Beetle Quarantine
Collection of Promotion Taxes
School Milk Purchase Regulations
Humane Treatment of Domestic Livestock
Pineshoot Beetle
Stores
Quarantines
Agricultural Development in the Highlands
Disease Control Program, Quarantines and Embargoes on Animals
Commercial Feeding Stuffs
Proposed Rule Readoption with Amendments: N.J.A.C. 2:68
Proposal Date: November 3, 2008
Comment Period Closes: January 2, 2009
Readoption of the rule is necessary (1) to protect farmers and consumers by determining the manufacturer’s compliance with the guaranteed content of animal feed and (2) to reduce the amount of misbranded and deficient products offered for sale thereby insuring the quality of feed and protecting animal growth. The amendments to the rule provide updated Web contact information. Currently, the Department of Agriculture utilizes the standards set forth in the 2008 edition of the Official Publication of the Association of American Feed Control Officials, Inc. (AAFCO). The AAFCO standards are recognized by the industry as the most comprehensive and current available. They are accepted throughout most of the United States. In addition, the Department of Agriculture also adopts the official pet food regulations, the statement of uniform interpretation and policy, and lists of new animal drugs, certifiable antibiotics and warning statements associated therewith, the permitted analytical variations and the pet food protocols and affidavits as contained in the current edition of the Official Publication of the Association of American Feed Control Officials.
Laboratory Services - Fees
Proposed Rule Amendments: N.J.A.C. 2:10-1.2
Proposal Date: November 3, 2008
Comment Period Closes: January 2, 2009
The rule amends the fee schedule for veterinary diagnostic services. The schedule of fees is to defray the costs of animal disease diagnostic and testing services. The collection of reasonable fees for animal disease diagnostic and testing services by the Department of Agriculture allows the Department to recover the costs incurred for materials, equipment, test kits, reagents, and associated personnel expenses for these testing services. The amendments are necessary to allow for the revision of user fees. There is a reduction of fees proposed, in some cases, to offer diagnostic and economic benefits by providing a lower cost option when certain diagnostic tests are reorganized in a group related to the type of service. The amendments are with regard to laboratory fees for services offered. One proposal adds a test and amends charges for bacteriology isolation and identification tests. Another amendment eliminates species disease specific test techniques previously listed because they are included in the general listing of the test technique and also amends charges for virology identification tests. A third amendment eliminates listing of disease specific tests previously listed because they are included under the general test reference. A fourth proposal provides the amended charges for pathology services, including necropsy of poultry (up to five birds) and disposal fees to address costs incurred. The final amendment sets forth amended (reduced) charges for battery testing.
Grades and Standards
Proposed Rule Readoption with Amendments: N.J.A.C. 2:71
Proposal Date: November 3, 2008
Comment Period Closes: January 2, 2009
New Jersey Standards for Quality of Individual Eggs contains the rules relating to the marketing, processing, labeling and transporting of eggs. Agricultural Commodities sets forth the rules describing the standards and grades as applied to fruits and vegetables. One provision provides that the United States Standards are used when grading all New Jersey fruits and vegetables with the exception of asparagus intended for canning or freezing and vine-ripened tomatoes. Other provisions deal with the use of “Jersey Fresh” as the logo for the “Jersey Fresh Quality Grading Program” and the “Jersey Fresh Quality Premium Grading Program” on containers of certain agricultural commodities. Standards for plant material states that the State Board of Agriculture adopts and promulgates as Official New Jersey Grades, the United States Standards for asparagus, Christmas trees and tomato plants. The rule deals with the use of the logos to incorporate recognized standards for use in identifying New Jersey bred horses and 4-H lambs (Jersey Bred); New Jersey produced plant material and cut Christmas trees (Jersey Grown), New Jersey produced organic products (Jersey Organic) and New Jersey licensed seafood commodities (Jersey Seafood). The proposed amendments will amend and add logo configurations for “Jersey Fresh,” amend “Jersey Bred,” “Jersey Grown” and “Jersey Seafood.”
Dairy Licensing Fees and Penalties
Proposed Rule Readoption: N.J.A.C. 2:56
Proposal Date: August 18, 2008
Comment Period Closes: October 17, 2008
The rule establishes the annual licensing fees and penalties for milk dealers, processors and stores. It is proposed for readoption without change.
Gypsy Moth Suppression
Proposed Rule Readoption: N.J.A.C. 2:23
Proposal Date: June 2, 2008
Comment Period Closes: August 1, 2008
The proposed readoption outlines the program through which the Department of Agriculture cooperates with local municipalities and agencies through the voluntary aerial suppression of the gypsy moth to reduce tree losses caused from gypsy moth damage when natural controls fail. The New Jersey Department of Agriculture also cooperates with the United States Department of Agriculture Forest Service for technical and financial assistance in managing gypsy moth outbreaks. Annual fluctuations of this forest insect constantly affect the number of municipalities participating in the program. The rules include the priorities established for identifying areas for treatment for gypsy moth and the requirements for local government participation in the program. These requirements include providing for a student commuting shutdown period. The Department of Agriculture’s role and responsibilities are explained in the rule, as are the requirements for notification by newspaper and mail of all residents who reside on the lands selected for treatment and the special notice to school districts and municipalities
Bonding Requirements
Proposed Rule Readoption with Amendments: N.J.A.C. 2:72
Proposal Date: May 5, 2008
Comment Period Closes: July 4, 2008
The rule establishes the formula to be used in determining the amount of the required bond as well as the claim filing procedures and the requirement that dealers, commission merchants and brokers issue invoices that record the terms of the transaction. It also explains the need to obtain and record vehicle tare weight and gross weight. This proposal continues to protect New Jersey growers from economic disadvantages caused by the failure of buyers to promptly pay for products ordered and received from growers. The Department is currently proposing these amendments to delete a non-working telephone phone number correcting the contact information requesting claim forms and filing claim forms.
Soil Erosion and Sediment Control
Proposed Rule Amendment: N.J.A.C. 2:90-1.12(d)
Proposal Date: May 5, 2008
Comment Period Closes: June 9, 2008
The rule authorizes that the application fee for soil erosion and sediment control plan certification for this program be submitted to the respective Conservation District by a federal project and shall be made payable to the “Treasurer, State of New Jersey” and deposited by the NJ Department of Agriculture. The fee will be redirected by the Department of Agriculture, State Soil Conservation Committee to the local district to provide compensation for performing plan review and site inspections on the project during construction. The proposed rule addresses federal fees and establishes a statewide uniform amendment to the fee schedule used by the 15 Soil Conservation Districts applicable to certain federal projects involving land disturbance. The proposal establishes a clear path for projects that are subject to the Federal Clean Water Act’s waiver of sovereign immunity to allow payment of fees where such fees are promulgated; and such rule is with and through the State Soil Conservation Committee of the Department. This rule would be equally applicable to any Federal project.
Commercial Fertilizer and Soil Conditioners Commercial Values
Proposed Rule Readoption: N.J.A.C. 2:69-1.11
Proposal Date: May 5, 2008
Comment Period Closes: July 4, 2008
The Commercial Values rule was originally proposed on February 4, 2008. The purpose of the original proposal was to change only the effective dates of the commercial values of primary plant nutrients. These reproposed amendments extend the effective dates of the commercial values of primary plant nutrients pursuant and increase the current values. The current values have been under continuing review, revealing a steady increase in the cost of the primary nutrient ingredients upon which commercial values are based, particularly in the last six months. For that reason, and in light of the timing relative to the growing season, this reproposal replaces the prior proposal, and proposes changes to the dates and the values. The effective dates would change to reflect the period extending from July 1, 2008 through June 30, 2009. The values would increase for all three nutrients as follows: Nitrogen from $6.50 to $7.50 per unit; available phosphoric acid from $4.00 to $5.50 per unit and soluble potash from $4.00 to $5.50 per unit. The penalties assessed against manufacturers for deficient fertilizers will be based on these values. The State Treasury will receive all unclaimed penalty fees.
Controlled Atmosphere Storages
Proposed Rule Readoption: N.J.A.C. 2:74
Proposal Date: May 5, 2008
Comment Period Closes: July 4, 2008
The rule regulates the use of controlled atmosphere storage facilities and the disposition of apples exposed to such storage. The controlled atmosphere process, through the use of atmospheric and temperature controls, preserves the quality of apples in storage and extends the marketing season of the product. The rules provide the construction, registration and record keeping requirements as well as the fee charged for each controlled storage room.
Criteria and Standards for Animal Waste Management
Proposed New Rules: N.J.A.C. 2:91
Proposal Date: March 2, 2008
Comment Period Closes: May 2, 2008
The Department of Agriculture is proposing new rules to assist farmers in the development and implementation of an animal waste management program.
Click here for frequently asked questions.
Pine Shoot Beetle Quarantine
Proposed Amendment: N.J.A.C. 2:20‑9.6
Proposal Date: November 16, 2006
Comment Period Closes: February 16, 2007
The New Jersey Department of Agriculture is proposing to expand the existing Pine Shoot beetle quarantine area in Bergen, Hunterdon, Passaic, Sussex and Warren Counties to include Morris and Somerset Counties due to the emergence of the pine shoot beetle, Tomicus piniperda, in these areas during 2006. Infestation by this beetle can cause severe decline in the health of certain species of pine trees. Scots pine and Red pine in particular may be killed when high populations exist. Adult beetles may also breed in spruce, fir, and larch logs that occur in stands mixed with pine. New Jersey’s native pines, eastern white pine (Pinus strobus) and pitch pine, (Pinus rigida) are susceptible to aesthetic damage due to shoot feeding, but are not preferred hosts of the beetle. The beetles are often carriers of various species of blue stain fungi that greatly diminish the quality of lumber and other forest products. The pine shoot beetle (Tomicus piniperda L.) is indigenous to Europe. It was first discovered in the United States at a Christmas tree farm near Cleveland, Ohio, in July 1992. The insect pest spreads naturally approximately 30 miles per year, and has been detected in all or parts of Minnesota, Wisconsin, Illinois, Indiana, Maryland, Maine, Michigan, New Hampshire, New York, Pennsylvania, Ohio, Vermont, and West Virginia. The pine shoot beetle, previously not known to be present, was found in Bergen, Hunterdon, Passaic, Sussex and Warren Counties in New Jersey in October 2005. The existing and proposed quarantine areas attempt to limit the long distance spread of this insect pest, to delay and reduce aesthetic damage to New Jersey’s forests, and reduce or prevent economic damage to New Jersey’s Christmas tree farms, pine plantations and nurseries, as well as to the lumber and forest products industries in the Southeastern United States. Long distance spread of pine shoot beetle is a result of human activity, primarily through the interstate shipment of infested lumber, cut Christmas trees or pine nursery stock. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) maintains a Federal quarantine to prevent long distance spread of the pine shoot beetle from known infested areas. States infested with the pine shoot beetle must enact parallel state quarantines of the affected areas of the state that are equivalent the federal quarantine requirements; otherwise, APHIS will quarantine to the entire State. The proposed expansion of the quarantine area is necessary in order to avoid a full State quarantine. An amendment is proposed to the state rule, which describes the area(s) in New Jersey under quarantine, to add Morris and Somerset Counties to the list of counties under quarantine. No other amendments are proposed at this time. This amendment is necessary due to new findings of the Pine Shoot beetle in those counties.
Collection of Promotion Taxes
Proposed Readoption: N.J.A.C. 2:35
Proposal Date: August 7, 2006
Comment Period Closes: October 6, 2006
The rule was promulgated to regulate the orderly collection of promotion taxes on the sale of white potato and poultry feed products in the State of New Jersey. These rules apply primarily to dealers who sell seed potatoes to growers, to growers who produce their own seed potatoes, and to anyone who sells formulated poultry feed and feed ingredients, including mash, pellets and grain. A promotion tax is assessed upon the sale of these products and the amount of the tax assessed is set forth on the sales invoice. Pursuant to the measure, all taxes collected thereunder are deposited in a special account and used for promotion, education, research, advertising, and sale of white potato and poultry products, respectively. The measure sets forth the entities that are subject to the potato promotion tax. Dealers who sell seed potatoes to growers, growers who use home grown seed potatoes and growers who purchase seed potatoes from out-of-State are subject to the tax, whereas sales of seed potatoes between dealers and single sales of less than 100 pounds are exempt from the tax. One section deals with the collection of the poultry products promotion tax. It sets forth the poultry products subject to the tax and specifically exempts poultry products made with oyster shell, grit and condensed milk products, as well as single sales of poultry fee of less than 100 pounds. In addition, this section establishes the requirements for how the tax will be shown on the sales invoice.
School Milk Purchase Regulations
Proposed Readoption with Amendments: N.J.A.C. 2:55
Proposed Repeals and New Rules: N.J.A.C. 2:55-3.2 and 5.1
Proposal Date: August 7, 2006
Comment Period Closes: October 6, 2006
The proposal sets forth the general requirements for school milk contracts. Significant amendments were made to provide definitions for words previously left undefined. Each section was amended to be consistent with the new definitions.
The measure provides the reporting requirements for school boards, vendors, and associations of producers and requires the Secretary to send forms to each school board once a year inquiring into whether the board intends to enter into any school milk contracts for the school year. School boards must return these forms within 15 days of receipt. Vendors would be requireed to file their monthly reports on the 20th day of the month, rather than the 10th and new vendors would have to submit a list of all school districts with which the vendor holds a contract. Additional amendments clarify that all New Jersey milk purchased from any source must be reported, and require the reporting be done on forms provided by the Department, and to require reporting of all New Jersey milk transferred to another vendor. A proposed new rule describes the conditions under which information will be held confidential. The measure spells out the methodology to be used in computing the amount of milk that vendors must purchase, the amount of milactually produced by the producers, and the amount of milk available for transfer by vendors. The measure was amended to clarify that milk purchased during a month can only be credited towards fresh milk purchases for the month in which it was bought. One section provides the criteria that will be used to determine the unavailability of milk. Proof detailing efforts made by the vendor to procure New Jersey-produced milk, in addition to showing the total amount of milk sold to schools exceeded the amount of New Jersey produced milk would now be required. One section was amended to remove the possibility of requiring milk to be purchased in subsequent months for any month in which there was not fresh milk available to a vendor. Finally, penalties are set forth for failing to acquire sufficient fresh milk as required in the agreement and provides for an administrative hearing for anyone aggrieved by a decision of the Secretary.
Humane Treatment of Domestic Livestock
Proposed Rule Amendments
Proposed Rule Amendments: N.J.A.C. 2:8-4.1 and 4.2
Proposal Date: April 2, 2006
Comment Period Closes: June 2, 2006
The State Board of Agriculture and the Department of Agriculture are committed to an ongoing review of the rules governing humane treatment of domestic livestock to ensure that New Jersey’s standards continue to reflect practices informed by welfare concerns and supported by science and generally accepted industry standards. In accordance with that commitment, the Department has reviewed the scientific literature, curricula of veterinary schools, land grant colleges and agricultural extensions, and other pertinent scientific studies to keep abreast of changes in acceptable humane standards. As a result of the Department’s continuing efforts and commitment, the Department has determined that the sections of the Humane Treatment of Domestic Livestock rule as they relate to induced molting in poultry should be amended to reflect current science. As defined in the regulations, “induced molting is a management practice that simulates the natural molting event and is designed to bring the entire flock in to a non-laying and oviduct rejuvenation period. After the molt, a new plumage develops and the birds resume egg production at a higher rate with better egg quality.” For birds in commercial egg production, the environmental influences that induce molting have been removed. Due to the controversial nature of complete feed withdrawal molting, the United Egg Producers (UEP) Scientific Advisory Committee, along with the poultry industry and the academic and scientific community, have been diligently researching alternatives to feed withdrawal as a means of inducing a molt. The Scientific Advisory Committee of the UEP, chaired by Jeff Armstrong, Dean of the College of Agriculture and Natural Resources at Michigan State University, provided grants to the scientific community, specifically to five universities, to develop practical alternatives to molting programs that required feed removal, with an emphasis on performance and behavior. Following its review of proposals for non-feed withdrawal methods, the committee amended its guidelines to reflect the scientific findings and conclusions. As of January 1, 2006, only non-feed withdrawal molt methods will be permitted for producers who participate in the “United Egg Producers Certified” Program. The proposed amendments make the Department’s regulations consistent with the revised United Egg Producers’ guidelines for inducing a non-feed withdrawal molt. The Department notes that most egg-producing farms in New Jersey are currently operating in compliance with these guidelines. The proposed amendments will require producers to use only non-feed withdrawal induced molting as an acceptable poultry management practice. The Department’s proposal would require that molting hens have access to a nutritionally adequate and palatable maintenance diet until the flock reaches a pre-production physiologic state. The Department’s current rules permit complete feed withdrawal to achieve the target physiologic state. Research conducted by academics, industry and the scientific community, however, has demonstrated that a return to the pre-production physiologic state can be achieved by providing a maintenance diet. The proposed amendment defines maintenance diet as a nutritionally balanced diet that is high in fiber and low in protein and energy and that is adequate for the body maintenance of a non-laying hen. This diet is designed to bring the flock into a non-laying and oviduct rejuvenation period. In addition, the Department is defining “resting diet” as a nutritionally balanced diet that is lower in fiber and higher in protein and energy than a maintenance diet. Producers may choose to provide to their flocks a resting diet prior to reintroduction of a layer diet. The Department has also defined “layer diet” as a nutritionally balanced diet that is adequate for the body maintenance of a laying hen. Finally, because reducing the light period that laying hens are exposed to also aids in the cessation of egg-laying which is necessary for a successful molt, this proposal also seeks to amend the rule to include a standard determined by the scientific community that addresses the minimum amount of light egg-laying hens should be exposed to while molting.
Pineshoot Beetle
Adopted Emergency and Concurrent Proposed New Rules
Adopted Emergency and Proposed Rule: N.J.A.C. 2:20-9
Proposal Date: February 6, 2006
Comment Period Closes: March 8, 2006
The Department of Agriculture is proposing new rules in response to an imminent threat of serious harm to forests, pine plantations, nurseries and Christmas tree farms in New Jersey caused by the pine shoot beetle, Tomicus piniperda. Infestation by this beetle can cause severe decline in the health of certain species of pine trees. Scots pine and Red pine in particular may be killed when high populations exist. Adult beetles may also breed in spruce, fir, and larch logs that occur in stands mixed with pine. New Jersey’s native pines, eastern white pine (Pinus strobus) and pitch pine (Pinus rigida), are susceptible to aesthetic damage due to shoot feeding, but are not preferred hosts of the beetle. The beetles are often carriers of various species of blue stain fungi that greatly diminish the quality of lumber and other forest products. Long distance spread of the pine shoot beetle is a result of human activity, primarily through the interstate shipment of infested lumber, cut Christmas trees or pine nursery stock. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) maintains a Federal quarantine to prevent long distance spread of the pine shoot beetle from known infested areas. States infested with the pine shoot beetle must enact parallel state quarantines of the affected areas of the State that are equivalent to the Federal quarantine requirements; otherwise, APHIS will quarantine the entire state. The pine shoot beetle, previously not known to be present in New Jersey, was found in Bergen, Hunterdon, Passaic, Sussex and Warren Counties in October 2005. These new rules are being proposed on an emergency basis because APHIS has given New Jersey a deadline of January 31, 2006 to enact the parallel State quarantine. The rule proposal declares the pine shoot beetle to be a dangerously injurious insect pest, prescribes an area under quarantine, and restricts the movement of plant material that is a host of the pine shoot beetle.
The proposed rule defines articles regulated by USDA APHIS to prevent the spread of the pine shoot beetle and describes the process governing the interstate movement of regulated articles from quarantined areas; and, establishes requirements for issuing permits and compliance agreements for moving regulated articles in a manner that prevents the spread of the pine shoot beetle. The proposal requires that certificates and limited permits be attached to regulated articles at all times during interstate movement and requires their presentment at the destination. USDA APHIS costs for inspections and other services are set forth and Finally, the proposal sets forth the requirements for treatment of affected regulated articles. N.J.A.C. 2:20-9.2 contains definitions of terms used in the subchapter. The proposed rule declares the pine shoot beetle to be a dangerously injurious insect, and to be a nuisance; restricts the movement of plant material unless in accordance with the proposed new rules; and, identifies those articles that present a risk of spreading the pine shoot beetle if moved from the quarantine area without restrictions. The proposal describes the area(s) in New Jersey under quarantine. In addition, it authorizes the Secretary of Agriculture to temporarily quarantine areas where the pine shoot beetle is found until such a time as the State Board of Agriculture can approve a full quarantine in accordance with the Administrative Procedure Act. It also describes conditions for movement of regulated articles to areas outside the area(s) under quarantine in New Jersey. Movement of regulated articles is permitted during the months of October, November and December and when temperatures are below 50 degrees Fahrenheit because flight movement of the pine shoot beetle is minimal. Either the Department or USDA APHIS can conduct inspections or issue a limited permit, certificate or other approval for the movement of regulated articles.
Stores
Proposed Rule Readoption with Amendments
Proposed Readoption with Amendments: N.J.A.C. 2:53
Proposal Date: November 6, 2005
Comment Period Closes: January 6, 2006
This rule was enacted to regulate the purchase and sale of milk and milk products by retail stores in the state of New Jersey, thereby providing protection to producers who sell and consumers who buy these products. As such, the rules proposed for readoption with amendments primarily affect stores licensed by the State of New Jersey to sell milk and milk products, and will also benefit New Jersey milk dealers, producers and consumers. The rule sets forth the requirements for the proper display of current retail prices for milk and milk products offered for sale to the public. In addition, it defines what books and records are required to be maintained by licensed stores and what reports are to be submitted to the Director of the Division of Marketing and Development by licensed stores. In order to prevent predatory pricing, the rule proposed for readoption with amendments defines “variable cost” and declare that it is unlawful to offer for sale or to sell milk or milk products below variable cost. Finally, the rules proposed for readoption with amendments require that licensed stores give adequate notice to their current supplier of milk and milk products regarding their intent to change suppliers or add suppliers. These rules also require that the store pay all its indebtedness for fluid milk and milk products when the store changes suppliers. The proposed new rule describes the conditions under which information will be held confidential and has been updated to reference privileges and limitations set forth in current law regarding access to information. The proposed amendments were made to clarify that oral notice of intent to change suppliers will no longer be acceptable as a method by which a store may give notice to its supplier of record regarding its intent to change the source of supply. In addition, it establishes the circumstances under which no notice is required. This change is necessary in order to afford licensed stores the same protections afforded to milk dealers and unlicensed stores pursuant to current law. A technical amendment was made to this subchapter that changed the term “present supplier” to “supplier of record,” and the definition of “supplier of record” was added to clarify who is to receive notice.
Quarantines
Proposed Rule Readoption with Amendments
Proposed Readoption: N.J.A.C. 2:20
Proposal Date: September 6, 2005
Comment Period Closes: November 5, 2005
The introduction of dangerously injurious insect pests or plant pathogens from another state or foreign country can constitute a serious threat to agriculture in New Jersey. In the current globalization of world trade, the prospect of spreading highly injurious plant pest species to new areas has increased, and there is a need to quarantine certain pests to prevent their introduction into New Jersey. The rules proposed for readoption with amendments are necessary to properly protect the agricultural industry in New Jersey from highly injurious invasive pest threats. The Department of Agriculture has reviewed the rules and has determined them to be necessary, reasonable and proper for the purpose for which they were originally promulgated. One part determines the Golden Nematode to be a serious threat to New Jersey agriculture and prohibits the movement of any soil from any area known to be infested with this pest. Another part determines white pine blister rust to be a dangerous plant disease and prohibits the movement of certain types of plants into New Jersey, which can serve as a host to the spread of the disease. One section determines the Ceriferus (or Japanese) Wax Scale to be a dangerously injurious insect and if found, subject to the measures of control allowed by the Statues of New Jersey. Another section determines the Mediterranean Fruit Fly to be a dangerously injurious insect to the fruits and vegetables of the State of New Jersey and prohibits the harboring or importation of the pest. One part determines that the Africanized honeybee is a menace to the practice of apiculture and sets forth rules to prevent its importation into New Jersey. Subchapter 6 determines that the Khapra beetle is a highly injurious insect to food and grain stocks and sets forth control measures and rules to prohibiting importation should the pest be found.Subchapter 7 describes the roles and responsibilities of the Department, in cooperation with the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA), in the inspection and monitoring of nursery stock imported from foreign countries. Subchapter 8 describes the roles and responsibilities of the Department, in the inspection, monitoring and control measures for the Asian Longhorned beetle. Due to a successful eradication program in the Jersey City- Hoboken Quarantine area, there is a proposed amendment to rescind the quarantine in these sections of Hudson County. However, additional findings of ALB in Linden require proposal of an amendment for a minor expansion of the quarantine area in Union County.
Agricultural Development in the Highlands
Proposed New Rule: Division of Agricultural and Natural Resources
Rule Proposal: N.J.A.C. 2:92
Proposal Date: August 15, 2005
Comment Period Closes: October 14, 2005
The Highlands Water Protection and Planning Act (Highlands Act), signed into law on August 10, 2004 as P.L. 2004 c. 120, established regulations and monitoring requirements for the 800,000-acre Highlands region. The Highlands Act includes a special review process for agricultural and horticultural activities and related development in the Highlands Preservation Area and required the Department of Agriculture to promulgate rules for that purpose. The proposed new rules are designed to implement the process established by the Highlands Act for review of new agricultural or horticultural development within the Highlands Preservation Area. The Highlands Act provides that agricultural and horticultural development will be subject to different levels of review based upon the percentage of increase in new agricultural impervious cover that result from proposed agricultural or horticultural development. Any impervious cover that existed within a Farm Management Unit prior to the enactment of the Highlands Act shall not be considered new agricultural impervious cover. The purpose of requiring a Plan when the three percent or nine percent trigger is met either individually or cumulatively is to ensure that operations do not seek to circumvent the requirements of these proposed new rules by continual, but small expansions, that would fall below the designated trigger. Any agricultural or horticultural development in the Preservation Area that would result in the increase of three percent or more of new agricultural impervious cover to the total land area of a Farm Management Unit (either individually or cumulatively) since enactment of the Highlands Act will require the farm owner or operator to develop and obtain Soil Conservation District (SCD) approval of a Farm Conservation Plan, prior to the start of the proposed agricultural or horticultural development. The Farm Conservation Plan will address New Jersey- Field Office Technical Guide (FOTG) Quality Criteria for soil and water resources, as well as Endangered and Threatened Species Habitat. The Natural Resources Conservation Service (NRCS) -FOTG is a science based, national standard for implementing natural resource management practices that are time tested and proven. The FOTG is the basis for all United States Department of Agriculture Farm Bill conservation programs as well as for New Jersey Department of Agriculture (NJDA) programs. The NRCS-FOTG meets the goals of the Highlands Act, as these are the practices implemented to protect not only water and soil but also other natural resources. Any agricultural or horticultural development in the Preservation Area that would result in the increase of nine percent or more of agricultural impervious cover to the total land area of a Farm Management Unit (either individually or cumulatively) since enactment of the Highlands Act will require the farm owner or operator to develop and obtain SCD approval of a Resource Management System Plan (RMSP), prior to the start of the proposed agricultural or horticultural development. Prior to approval, the SCD will transmit a copy to the DEP, who must review and approve it with or without conditions or deny it within 60 days of receipt. The RMSP is a comprehensive Farm Conservation Plan that meets NRCS’s highest standards for resource sustainability by addressing all resource management concerns on the farm, including soil, water, air, plants and animals. A copy of the approved Farm Conservation Plan or RMSP shall be transmitted by the SCD to the State Soil Conservation Committee. If any part of the Farm Management Unit is preserved under any farmland preservation program, a copy of the plan shall also be transmitted by the SCD to the State Agriculture Development Committee (SADC). The Farm Conservation Plan and the RMSP shall be based on the NJ-FOTG. The new rule will set forth the definitions necessary to clarify agricultural development activities from major development as defined in the Highlands Act and outline the Farm Conservation Plan elements for agricultural or horticultural development that would result in three percent or more of new agricultural impervious cover to the total land area of the farm management unit (either individually or cumulatively) within the Highlands Preservation Area. The rule also outlines the RMSP elements for agricultural or horticultural development that would result in nine percent or more of new agricultural impervious cover to the total land area of the farm management unit (either individually or cumulatively) within the Highlands Preservation Area. The proposal sets forth penalty provisions. Penalties up to a maximum of $5,000 per violation per day may be assessed. Factors considered when assessing penalties include: (1) the seriousness of the conduct; (2) the amount of new impervious cover that has been developed; (3) the type of conduct (major, moderate, minor); (4) the violator’s previous compliance history; and (5) whether a plan has been implemented. Persons aggrieved by a determination under this subchapter are afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act.
Disease Control Program, Quarantines and Embargoes on Animals
Proposed Readoption with Amendments, New Rules, Repeals
Proposed Readoption with Amendments: N.J.A.C. 2:5
Proposed New Rules: N.J.A.C. 2:5-1.1, 2.1, 4.1, 4.2, and 5.1
Proposed Repeals: N.J.A.C. 2:5-2.3, 3.2, and 3.3
Proposal Date: July 3, 2005
Comment Period Closes: September 3, 2005
The new rule is added to grant authority to the Director, Division of Animal Health to issue quarantines for specific animal diseases and issue violations and assess penalties for a period of 12 months without prior Board approval. Another new rule is added to address the imposition of an embargo as a result of disease outbreaks in other state to stop the import of animals either suspected of or confirmed as having a contagious or infectious disease or to set up specific entry requirements based upon the originating location of the animals. One rule has been amended to strengthen the requirements for the prevention of Vesicular stomatitis and to allow the division to control the disease if found in New Jersey. Another rule is recodified and contains requirements for the eradication and control of equine infectious anemia (EIA) in equids. One part is being repealed because it only dealt with one specific poultry disease, Avian Influenza. A new provision has been added, which contains general requirements for the control and eradication of poultry diseases that may be devastating to New Jersey’s Poultry industry. More new rules explain when a quarantine will be placed upon a premise and how the quarantine can be lifted. Other new rules explain the biosecurity requirements that must be met. They address cleaning, disinfection and disposal of any infected premises, protective clothing, or equipment. Another new rule is added to address penalties to be imposed for violations of this chapter.
