New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 71 - GRADES AND STANDARDS
Subchapter 2 - AGRICULTURAL COMMODITIES
Section 2:71-2.7 - Penalties

(a) Any licensed packer using "logo" containers for products other than those covered by this subchapter or any unlicensed packer using "logo" packages for any product 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 of 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 of the same regulated product packed by the same licensed packer during the same calendar year, the license to pack under the Jersey Fresh Quality Grading program will be revoked for the remainder of the license year.

(c) Any licensed producer using "logo" containers for products other than those covered by this chapter or any unlicensed producer using "logo" packages for any product 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 of 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.

(d) After the second violation of any part of this subchapter by the same licensed producer during the same calendar year, the license to pack under the Jersey Fresh Quality Grading program will be revoked for the remainder of the license year.

(e) Any entity licensed to transfer ownership of containers bearing the "logo" which violates any part of this subchapter shall be subject to a penalty of not more than $ 100.00 for the first offense and revocation of license for a subsequent offense, except for violators of 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.

(f) The Division of Marketing and Development shall make an initial determination as to whether to deny an initial license, or revoke a license as provided in (a) through (e) above.

(g) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (f) above shall, upon written request transmitted to the Department within 20 days of the license denial, or notice of intent to revoke a license, 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 Administrative Procedure Rules, N.J.A.C. 1:1.

(h) 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 (g) above.

(i) 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."

(j) Upon revocation of a license, a producer may reapply for a license for the next license year.