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Proposed New Rules: N.J.A.C. 2:71-9
Authorized By: State Board of Agriculture and Charles M. Kuperus, Secretary.
Authority: N.J.S.A. 4:1-11.1, 4:1-21.2, 4:10-1 et seq., 4:10-16 et seq., and 4:27-1 et seq.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2006-178.
Submit written comments only by August 4, 2006 to:
Alfred Murray, Director
Division of Marketing and Development
N.J. Department of Agriculture
P.O. Box 330
Trenton, New Jersey 08625
The agency proposal follows:
Summary
New Jersey is strategically located in one of the nation’s largest upscale consumer seafood markets. For over 300 years, commercial seafood harvesters in New Jersey have helped to supply those markets. According to the 2003 statistics developed by the National Marine Fisheries Service, the ex-vessel value of the New Jersey seafood harvest was over $120.7 million ($113 million in 2002, $110.2 million in 2001 and $107.2 million in 2000). One out of every six jobs in New Jersey is related to the "Coastal Zone," making coastal revenues the State's largest economic sector, generating $50 billion annually - $4.5 billion from fisheries, aquaculture, wild harvest seafood and recreational fishing. The demand for quality seafood continues to grow and while the wild harvest industry continues to implement plans for the development of sustainable fisheries, aquaculture has helped supplement the wild harvest. As a result, New Jersey aquaculture is a fast growing agricultural industry in this State. According to the 1998 United States Department of Agriculture (USDA) Census of Aquaculture, New Jersey had 28 aquatic farms. Today there are over 150 licensed aquatic farmers in the Garden State.
In order to help promote New Jersey’s seafood and aquaculture industries, the Department of Agriculture (Department) is proposing new rules at N.J.A.C. 2:71-9 to permit aquatic farmers, commercial seafood harvesters and packers of New Jersey seafood commodities to become certified by the New Jersey Department of Agriculture and to market their products using the “Jersey Seafood” logo. The use of the “Jersey Seafood” logo will permit certified finfish and shellfish farmers, commercial seafood harvesters or packers to make New Jersey seafood commodities more visible and will help promote the viability of the industry by signaling to the consumer the availability of a product that many believe to be superior. At this time, wild harvest seafood will not be marketed as part of the “Jersey Seafood” logo and promotion program. While these proposed new rules are primarily targeted for aquaculture seafood production, these rules could be amended in the future to incorporate wild harvest seafood if the wild harvest industry and the consumers show sufficient interest. The “Jersey Seafood” logo and promotion program is similar to the Department’s “Jersey Fresh” marketing program, but will be tailored to meet detailed standards developed specifically for seafood products. The proposed new rules will provide an opportunity to promote an additional New Jersey agricultural commodity. Like “Jersey Fresh” has done with New Jersey grown fruits and vegetables, the “Jersey Seafood” logo will provide New Jersey aquaculture with a better market position and allow the industry to be more competitive, while providing consumers with the confidence that they are purchasing high-quality seafood products.
It should be noted that while the Department is considered the lead Agency in regulating the marketing, development and promotion of aquaculture products within the State of New Jersey, the Department of Environmental Protection (DEP) is responsible for regulating aquaculture activities within New Jersey waters. Thus, these proposed new rules should be read in conjunction with the DEP’s rules on aquaculture. The proposed new rules are not intended to supersede the rules promulgated by DEP with regard to aquaculture activities, but rather, are additional standards imposed for those within the aquaculture industry who wish to be part of the “Jersey Seafood” promotion program.
N.J.A.C. 2:71-9.1 sets forth the scope and purpose of the proposed new rules and N.J.A.C. 2:71-9.2 sets forth the definitions of terms used in the proposed new rules.
N.J.A.C. 2:71-9.3 adopts an official “Jersey Seafood” emblem to be used as a logo to identify seafood commodities grown, harvested and packed in New Jersey. Use of this logo will be allowed only by persons or entities who obtain a license in accordance with the procedures set forth in these new rules, including the payment of an annual licensing fee of $30.00 to be paid to the New Jersey Farm Products Publicity Fund, created pursuant to N.J.S.A. 4:10-16.
N.J.A.C. 2:71-9.4 sets forth the license requirements for participation in the voluntary “Jersey Seafood” logo program. In order to be licensed, individuals or entities must file a licensing application and satisfy all the conditions set forth in N.J.A.C. 2:71-9.4, 2:71-9.5, and 2:89. In addition to the annual submission of an application and fee, licensees will be required to file an annual report. A transfer application is also required to be filed with the Department of Agriculture prior to the transfer of empty containers, packages, bags, labels or stamps bearing the “Jersey Seafood” logo. N.J.A.C. 2:71-9.5 establishes the standards for grading, packing and containing seafood commodities licensed under these new rules.
N.J.A.C. 2:71-9.5 incorporates by reference two documents, the National Shellfish Sanitation Program, published by the U.S. Food & Drug Administration, which establishes guidelines for the safe and sanitary control of the growing, processing, and shipping of shellfish and the Recommended Management Practices for Aquatic Farms, published by Rutgers Cooperative Extension, which establishes guidelines for proper production practices for finfish farmers. The National Shellfish Sanitation Program sets forth standards for the wet storage, harvesting, and transporting of shellfish in addition to standards for the shucking, packing, and shipping of shellfish. Likewise, standards for depuration and processing of shellfish, standards for shellfish growing areas, recordkeeping requirements and disease control measures are also delineated. Similarly, the Recommended Management Practices for Aquatic Farms sets forth standards for health management, removal and disposal of deceased finfish, chemical and drug handling, security and biosecurity, disease control and reporting, and recordkeeping requirements.
N.J.A.C. 2:71-9.6 describes the penalties that may be imposed for violations of these proposed new rules. Penalties for the first offense will not exceed $50.00 and the penalty for each subsequent offense will not be less than $50.00 or more than $100.00. In addition, for subsequent offenses occurring within the same calendar year by the same licensee and involving the same seafood commodity, the licensee may be subject to license revocation for the remainder of the license year. Procedures are also established for applying for a license during the license year, as well as for applying after revocation in the face of a second violation.
As the Department has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.
Social Impact
The Jersey Fresh advertising and promotional program was developed to draw consumer attention to the availability of New Jersey farm products. This unique program, which has been going strong for almost a quarter of a century, has become the standard against which other states modeled their own marketing programs. As a result of the Jersey Fresh advertising and promotional program, New Jersey consumers are assured of the quality and freshness of the food they purchase. In fact, a 1998 study conducted by Rutgers University (New Jersey Agricultural Experimental Station, P-02137-2-98, February 1998) confirmed that consumers view Jersey Fresh products as better quality agricultural products.
The proposed new rules will have a positive social impact by expanding the Department’s work in advertising and promoting New Jersey agricultural commodities to include New Jersey seafood, thereby helping to maintain an important segment of the New Jersey agricultural industry. New Jersey farms provide tax-paying open space and add diversity to the agricultural landscape that benefits the quality of life throughout the Garden State. Seafood grown, harvested and packed under this logo will enhance the promotion of high quality New Jersey farm products to the benefit of aquatic farmers, commercial seafood harvesters, and packers, as well as consumers. Aquatic farmers, commercial seafood harvesters and packers will gain new markets for their products, while consumers will have more quality products available for consumption.
Seafood is also an important part of a healthy diet. Most nutritionists recommend that people eat a minimum of two seafood meals a week to enjoy the benefits. Seafood contains high quality protein and other essential nutrients, is low in saturated fats and calories, and is high in important beneficial omega-3 fatty acids. Current research indicates that omega-3 fatty acids are an important part of a healthy diet because they play a critical role in maintaining heart health, contribute to proper growth and development of children, help minimize the symptoms of inflammatory diseases, and aid in proper brain function. New studies are providing additional evidence of the importance of seafood to a well-balanced, healthy diet. These new rules will therefore have a positive social impact by providing consumers with high quality seafood that can be incorporated into healthy diets.
Economic Impact
Coastal revenues generate $50 billion annually - $4.5 billion is from fisheries, aquaculture, and recreational fishing. According to the 2003 statistics developed by the National Marine Fisheries Service, the ex-vessel value of the New Jersey seafood harvest was over $120.7 million ($113 million in 2002, $110.2 million in 2001 and $107.2 million in 2000). Given that one out of every six jobs in New Jersey is related to the "Coastal Zone,” the aquaculture and wild harvest seafood industry provides an important contribution to the State’s economy, particularly for coastal communities. The proposed new rules will have a positive economic impact for New Jersey by providing an additional marketing tool for packers, aquatic farmers and commercial seafood harvesters of New Jersey seafood who choose to use the “Jersey Seafood” logo on their products. There is no cost to anyone who does not participate in this voluntary program. For those who choose to participate, the cost is $30.00 per year for the annual registration fee, which will be offset by the value added to the product by use of the logo on packaging materials. Therefore, these proposed new rules will have a positive economic impact. Additional costs may be incurred by individuals or entities who violate these rules and are subject to penalties as discussed in the Summary above.
Federal Standard Statement
Executive Order No. 27 (1994) and N.J.S.A. 52:14B-23 (P.L. 1995, c. 65) require administrative agencies which adopt, readopt, or amend any State rules that exceed any Federal standards or requirements to include in the rulemaking a comparison between the two sets of standards and an explanation of the costs and benefits associated with adopting a State standard that exceeds a Federal standard. 7 CFR 60.101 et seq. sets forth Federal standards for labeling wild and farm-raised fish and shellfish products with regard to country of origin notification. Proposed N.J.A.C. 2:71-9.5(a) imposes labeling standards that are substantially the same as, but do not exceed those required by, 7 CFR 60.101 et seq., for country of origin notification. The remainder of the proposed new rules deal with the creation and use of a logo for marketing New Jersey seafood. Because there are no Federal standards governing the creation and regulation of a logo identifying New Jersey agricultural products, as provided by N.J.S.A. 4:10-1 et seq. and 4:10-16 et seq., no Federal standards analysis is required.
Jobs Impact
It is not anticipated that the proposed new rules will result in the generation or loss of jobs. However, it is anticipated that these rules will positively affect the New Jersey seafood industry and others associated with the agricultural industry.
Agriculture Industry Impact
For the reasons set forth in the Summary, Social Impact and Economic Impact above, the proposed new rules will have a positive impact on New Jersey agriculture industry by helping to maintain viable aquaculture industry in the Garden State by giving them additional marketing opportunities.
Regulatory Flexibility Analysis
The proposed new rules will have an impact on small businesses, as defined under the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The rules impose compliance standards, as described in the Summary above, on those voluntarily participating in this program. Since these proposed new rules are part of a voluntary program, they do not impose unduly burdensome recording, recordkeeping or compliance requirements on either large or small businesses. If this labeling is voluntarily undertaken, the aquatic farmer, commercial seafood harvester or packer must ensure that the labeling is accurate. The compliance, recording and recordkeeping requirements are necessary to protect public confidence in products purchased. As a result, there can be no lesser or differing standards based on business size.
The proposed new rules will protect the interest of the aquatic farmers, commercial seafood harvesters and packers, including those of small businesses, in much the same way as the Jersey Fresh logo has done for fruit and vegetable farmers in New Jersey. The use of uniform product identification promotes the orderly marketing of goods that are similar in the generic sense and allows equally good products from the small operations to compete with the products of larger operations. Although a small annual registration fee of $30.00 is required, should an aquatic farmer, commercial seafood harvester or packer choose to participate under the voluntary rules, the cost of participating should be offset by the anticipated higher prices received for the “Jersey Seafood” products. There is no professional assistance required nor initial capital outlays to any business by these proposed new rules.
Smart Growth Impact
These proposed new rules implement economic development strategies outlined in the Department’s Smart Growth Plan. The proposed rules are consistent with the State’s smart growth goals as they encourage the continued viability of the State’s farmers. Therefore, the Department anticipates that there will be a positive impact on the achievement of smart growth and the implementation of the State’s Development and Redevelopment Plan.
Full text of the proposed new rules follows:
SUBCHAPTER 9. “JERSEY SEAFOOD” LOGO
2:71-9.1 Scope and purpose
A licensed aquatic farmer, commercial seafood harvester or packer of New Jersey seafood is permitted to make an application to the New Jersey Department of Agriculture for the use of the “Jersey Seafood” logo for the Jersey Seafood Quality Grading Program on containers of licensed seafood commodities.
2:71-9.2 Definitions
For purposes of this subchapter, the following words, terms, and phrases shall have the following meanings unless the context clearly indicates otherwise:
“Aquatic Farmer License” means the formal license issued by the Department pursuant to N.J.A.C. 2:89 for the possession and ownership of aquatic organisms by a person, firm, partnership, corporation, cooperative or association.
"Aquatic organism" means an animal or plant of any species or hybrid thereof and includes gametes, seeds, eggs, sperm, larvae, and juvenile and adult stages any of which is required to be in water during that stage of its life. This definition does not include birds and mammals.
“Department” means the New Jersey Department of Agriculture.
“Farmer” or “aquatic farmer” means any person, firm, partnership, corporation, cooperative or association who is engaged in propagating, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments for economic gain within the State of New Jersey and shall include, but is not limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators.
“Finfish” means tilapia, hybrid striped bass, catfish, and trout that are farm-raised and packed in New Jersey.
“Harvester” or “commercial seafood harvester” means a person, firm, partnership, corporation, cooperative or association who is engaged in harvesting wild aquatic organisms for economic gain under strict management programs instituted by the National Oceanic Atmospheric Association National Marine Fisheries Service (NOAA Fisheries) and the New Jersey Department of Environmental Protection to maintain sustainable fishery resources.
“Licensed seafood commodity” or “licensed seafood commodities” means tilapia, hybrid striped bass, catfish, trout, clams and/or oysters that are farm-raised and packed in New Jersey, which are the subject of a license issued by the Department pursuant to N.J.A.C. 2:71-9.4.
“Licensee” means any person, firm, partnership, corporation, cooperative or association licensed by the Department pursuant to N.J.A.C. 2:71-9.4.
“Packer” means any person, firm, partnership, corporation, cooperative or association engaged in the business of processing and packaging aquatic organisms within the State of New Jersey and distributing it to retailers.
“Program” means the Jersey Seafood Quality Grading Program established pursuant to this subchapter.
“Seafood” means any finfish, mollusk, crustacean, other invertebrate or aquatic vegetable produced in either freshwater or saltwater and used for human food.
“Secretary” means the Secretary of the Department of Agriculture of the State of New Jersey or his or her designee.
“Shellfish” or “farmed shellfish” means clams and/or oysters that are farm-raised and packed in New Jersey.
“Shellfish grower” means any person, firm, partnership, corporation, cooperative or association who is engaged in propagating, rearing and subsequent harvesting of shellfish in controlled or selected environments for economic gain and shall include, but is not limited to, activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and protection from predators.
2:71-9.3 Use of the “Jersey Seafood” Logo:
- The Department approves the use of the “Jersey Seafood” logo as an official emblem for identifying New Jersey licensed seafood commodities.
- The configurations of the “Jersey Seafood” logo are as follows:
- Only those persons, firms, partnerships, corporations, cooperatives or associations licensed to use the “Jersey Seafood” logo shall be permitted to attach or have it imprinted upon any label, package or container related to their licensed seafood commodities, employ its use in advertising or use it in any other manner whatsoever. Layout of proposed advertising to be used for marketing the “Jersey Seafood” logo must be submitted to and approved by the Department’s Division of Marketing and Development in advance of its marketing and use. Advertising layouts will be evaluated based on the following criteria:
- The color scheme of the advertisement;
- The font used;
- The configuration, color, and size of the logo;
- Placement of the logo;
- The advertising medium used; and
- Consistency with the wholesome image of the “Jersey Fresh” Promotional Program.
(d) Only licensed seafood commodities may be marked with the “Jersey Seafood” logo. Licensed seafood commodities may be marked using self-adhesive labels, rubber stamps or imprinted containers that identify those licensed seafood commodities as being packed under the “Jersey Seafood” logo. Markings must comply with the marking requirements in N.J.A.C. 2:71-9.5.
(e)When a licensee discontinues use of the “Jersey Seafood” logo, fails to renew its license when required or has its license revoked, the licensee shall be prohibited from its use in any manner, including, but not limited to, product labels, stamps, containers, stationery, forms, advertising on billboards or other signs or on trucks or car panels.
- A licensed aquatic farmer, commercial seafood harvester or packer using the “Jersey Seafood” logo for licensed seafood commodities who has not satisfied the requirements set forth in N.J.A.C. 2:71-9.4 and 9.5 shall be prohibited from using the “Jersey Seafood” logo in any manner.
- All unlicensed persons, firms, partnerships, corporations, cooperatives or associationsshall be prohibited from using the “Jersey Seafood” logo in any manner.
2:71-9.4 Licensing
(a) Any person, firm, partnership, corporation, cooperative or association wishing to employ the “Jersey Seafood” logo must make an application to the Department for a license and registration number. The application shall be made in writing, upon a form provided by the Department for this purpose and shall contain the name and address of the user, the type of licensed seafood commodities for which the user is seeking a license and any other information the Department deems necessary for the enforcement of the Program.
- An annual fee of $30.00 shall accompany each application form and shall be made payable to the “New Jersey Farm Products Publicity Fund”. If an applicant is deemed ineligible the fee shall be refunded.
- All applications approved for issuance of licenses and registration numbers shall have the license granted for the period of one year commencing April 1. Applications for an initial license and registration number and for license and registration number renewal shall be submitted at least 20 days prior to April 1 of the license year. The Department shall approve or deny applications within 20 days after receipt of a completed application that complies with the requirements of (a) and (b) above.
- Interim licenses and registration numbers may be granted to qualified persons, firms, partnerships, corporations, cooperatives or associations for the remainder of the license year. The Department shall approve or deny interim applications within 20 days after receipt of a completed application that complies with the requirements of (a) and (b) above.
(e) Each licensee shall submit a report by December 31 of each license year. The report must be submitted on forms supplied by the Department and shall indicate the number of packages and/or containers packed by licensed seafood commodity under the “Jersey Seafood” logo. Failure to timely supply this report may be cause for denial or delay of licensing approval for the following licensing year.
(f) Any person, firm, partnership, corporation, cooperative or association wishing to transfer ownership of containers bearing a “Jersey Seafood” logo to another licensee shall make an application to the Department for a transfer license. The application shall be made in writing, upon a form provided by the Department. Any licensee who transfers ownership of containers, labels or stamps bearing the “Jersey Seafood” logo must supply a copy of each shipping invoice or statement to the Department within 30 days of the date of transfer.
(g) The Division of Marketing and Development shall make the initial determination as to whether to approve or deny a license application submitted pursuant to this section.
- The Department will hold confidential any information provided in any application submitted pursuant to this section that constitutes proprietary commercial or financial information, or is otherwise protected from disclosure under the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., subject to the limitations set forth therein.
2:71-9.5 Packing requirements, packer identification and containers
- All containers, packages and packaging material bearing the “Jersey Seafood” logo must be new.
- Each container or package bearing the “Jersey Seafood” logo must include the following information imprinted in letters not less than three-eights of an inch in height and clearly marked on the container or package:
1. The name and address of the packer;
2. The phrase “Product of U.S.A. (NJ)”; and
3. A statement indicating the method of production using either the phrase “Wild Caught” or “Farm-Raised.”
(c) Live finfish shall be graded, packed and contained as follows:
1. Live finfish must be farmed in New Jersey;
2. Farmers of live finfish must possess an Aquatic Farmer License;
3. Live finfish shall be free from symptoms of all infections, contagious, or communicable disease and known exposure thereto for at least 30 days prior to shipment;
4. Live finfish must show good movement, clear and bright eyes, and be free of all antibiotics and chemical agents; and
5. Live finfish must be transported in accordance with the following requirements:
i. Water temperature during transport must be appropriate for the species;
ii. Oxygen levels in the water during transport must be appropriate for the species; and
iii. Appropriate drug withdrawal times shall be observed and records must be kept in accordance with the Recommended Management Practices for Aquatic Farms published by Rutgers University, revised March 2004, incorporated herein by reference, as amended and supplemented. A copy of this publication is available on the Department’s website at: http://www.jerseyseafood.nj.gov/aquacultureamp.pdf or by contacting the Department’s Fish and Seafood Development Program at P.O. Box 330, Trenton, New Jersey 08625. A copy of this publication is also available by contacting Rutgers Cooperative Extension, N.J. Agricultural Experiment Station, Rutgers, the State University of New Jersey, 88 Lipman Dr., New Brunswick, NJ 08901-8525.
(d) Whole finfish shall be graded, packed and contained as follows:
1. Whole finfish must be farmed in New Jersey;
2. Farmers of whole finfish must possess an Aquatic Farmer License;
3. Whole finfish must show clear and bright eyes, flesh must be resilient, gills must be bright red, and odor should be fresh or briny;
4. Whole finfish must be transported in accordance with the following requirements:
i. Whole finfish must be packed in ice and shipped at a temperature that does not exceed 40 degrees Fahrenheit; and
ii. Appropriate drug withdrawal times shall be observed and records must be kept in accordance with the Recommended Management Practices for Aquatic Farms published by Rutgers University, revised March 2004, incorporated herein by reference, as amended and supplemented. A copy of this publication is available on the Department’s website at: http://www.jerseyseafood.nj.gov/aquacultureamp.pdf or by contacting the Department’s Fish and Seafood Development Program at P.O. Box 330, Trenton, New Jersey 08625. A copy of this publication is also available by contacting Rutgers Cooperative Extension, N.J. Agricultural Experiment Station, Rutgers, the State University of New Jersey, 88 Lipman Dr., New Brunswick, NJ 08901-8525.
(e) Farmed shellfish shall be graded, packed and contained as follows:
1. All farmed shellfish must be grown out or produced in New Jersey;
2. A shellfish grower must possess an Aquatic Farmer License;
3. A shellfish grower must be in compliance with all appropriate license requirements which may include, but is not limited to, those set forth in N.J.S.A. 50:2-1 et seq., 50:3-1 et seq., and 50:3-20.11 et seq., and N.J.A.C. 2:89-4.4, 7:25-8.1 et seq., 7:25A-1, 8:13.1-2, and 8:21-13.
4. All farmed shellfish must be free from antibiotics and chemical agents and their shells must be whole and free of grit, sand and fouling organisms;
5. Containers holding farmed shellfish must be properly tagged in compliance with N.J.A.C. 8:13-2.26 and 8:24-2.3(b).
6. All farmed shellfish must be handled in compliance with the National Shellfish Sanitation Program 2003 Guide for the Control of Molluscan Shellfish, incorporated herein by reference, as amended and supplemented. A copy of this document is available by contacting the Office of Seafood Division of Programs and Enforcement Policy, 200 C Street, SW (HFS-417), Washington, DC 20204. This document is also available online at http://www.cfsan.fda.gov/~ear/nss2-toc.html.
2:71-9.6 Penalties
(a) Any person, firm, partnership, corporation, cooperative or association who violates the provisions of this subchapter shall be subject to a penalty of not more than $50.00for the first offense and a penalty of not less than $50.00 and not more than $100.00 for each subsequent offense.
(b) In addition to the penalties set forth in (a) above, if the subsequent offense occurs in the same calendar year and involves the same licensee and the same licensed seafood commodity, the Department may revoke their license. 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 person, firm, partnership, corporation, cooperative or association licensed pursuant to N.J.A.C. 2:71-9.4(f) to transfer ownership of containers bearing the “Jersey Seafood” logo who transfers ownership in violation of this subchapter shall be subject to a penalty of no more than $50.00 for the first offense and revocation of their license for any subsequent offense.
(d) Orders for penalties or to enjoin continuing violations may be enforced by summary action brought in the name of the Secretary in Superior Court or Municipal Court.
(e) The Division of Marketing and Development shall make an initial determination as to whether to revoke a license under this section.
(f) Any person, firm, partnership, corporation, cooperative or association aggrieved by the determination of the Division of Marketing and Development pursuant to this section or N.J.A.C. 2:71-9.4 shall be afforded an opportunity for a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. and the Uniform Administrative Rules of Practice, N.J.A.C. 1:1, subject to the following:
1. All hearing requests must be in writing and received by the Department within 20 days of the license denial, notice of intent to revoke a license, or penalty notice.
2. Hearing requests shall be sent to:
New Jersey Department of Agriculture
Director, Division of Marketing and Development
P.O. Box 330
Trenton, New Jersey 08625
3. The State Board of Agriculture shall make a final determination as to whether to deny, revoke a license or impose a penalty following the administrative law hearing.
__________________________________
Charles M. Kuperus
Secretary, New Jersey Department of Agriculture
April 21, 2006
