New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 71 - GRADES AND STANDARDS
Subchapter 2 - AGRICULTURAL COMMODITIES
Section 2:71-2.18 - Vine ripened tomatoes

Universal Citation: NJ Admin Code 2:71-2.18

Current through Register Vol. 56, No. 18, September 16, 2024

(a) "Vine ripened" means tomatoes have been left on the plant until the surface of the flesh of each tomato has achieved some discernable degree of pink or red color at the time of harvest and have not been treated with ethylene gas.

(b) Tomatoes labeled with the term "vine ripened" shall be considered mislabeled unless the surface of the flesh of each tomato has attained some discernable degree of pink or red color at the time of harvest and has not been treated with ethylene gas.

(c) Any person labeling tomatoes as "vine ripened" which have not met the standards set forth in (a) above shall be subject to a penalty of not more than $50.00 for the first offense and not more than $100.00 for each subsequent offense.

1. Each improperly labeled carton shall be considered a separate offense.

(d) The Division of Marketing and Development shall make an initial determination as to whether tomatoes are improperly labeled as "vine ripened."

(e) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (d) above shall, upon written request transmitted to the Department within 20 days of the violation notice, 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.

(f) The State Board of Agriculture shall make a final determination as to whether to impose a penalty following a hearing as provided in (e) above.

(g) Orders for penalties or to enjoin continuing violations may be enforced by summary action brought in the name of the Department in Superior Court or Municipal Court.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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