New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 9 - AVIAN INFLUENZA
Subchapter 6 - PENALTIES
Section 2:9-6.1 - Penalties for violations of this chapter

Universal Citation: NJ Admin Code 2:9-6.1

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

(a) Any person who violates the provisions of this chapter, shall be subject to the following penalties:

1. First offense: not less than $ 100.00 per unit or violation nor more than $ 200.00 per unit or violation; and

2. Each subsequent offense: $ 200.00 per unit or violation or imprisonment for not more than one year, or both.
i. After the second violation of any part of this chapter by the same registered live bird market, poultry distributor, poultry producer/supplier flock during the same calendar year, the Department of Agriculture may revoke its registration for the remainder of the registration year.

(b) Every day a violation occurs at the same location, or by the same individual or persons representing that individual, shall be considered a separate violation.

(c) The Department may require poultry to be tested for avian influenza if in its judgment such testing would be necessary to prevent introduction of the disease.

(d) Additional penalties or actions may be taken at the discretion of the State Veterinarian until epidemiology, testing or retesting discloses no potential threat of avian influenza infection to contact animals.

(e) An authorized agent of the NJDA shall make the initial determination as to whether a violation of this chapter has occurred and what penalty should be assessed pursuant to (a) above.

(f) The State Veterinarian shall make the initial determination as to whether to deny a registration in 2:9-2.2, or revoke a registration as provided in (a)2i above.

(g) Any applicant who is aggrieved by the determination of the State Veterinarian pursuant to this section shall, upon written request transmitted to the NJDA within 20 days of the penalty assessment, registration denial, or notice of intent to revoke a registration, be afforded the opportunity for a hearing thereon in the manner provided for contested cases pursuant to the Administrative Procedure Act, 52:14B-1 et seq., and the Administrative Procedure Rules, N.J.A.C. 1:1.

(h) Poultry not meeting the requirements of this chapter shall be refused entry into the State, or if already in the State, are subject to quarantine by the NJDA as follows:

1. Actions taken by the NJDA as part of a quarantine, in accordance with this subsection, may include, but shall not be limited to:
i. A directive prohibiting movement of poultry into or out of a quarantined area;

ii. A directive requiring diagnostic tests and procedures to confirm that the poultry are not affected by Avian Influenza and shall remain under quarantine until such confirmation is received; and/or

iii. A directive in accordance with 2:9-3.3(b)1 through 4.

2. Poultry subject to a quarantine imposed by the NJDA in accordance with this subsection shall remain under quarantine until one of the following requirements are met:
i. The poultry owner provides written proof to the NJDA that the poultry are in compliance with the requirements of this chapter; or

ii. The poultry owner has complied with the requirements of the directive issued by the NJDA pursuant to (h)1 above.

(i) Pursuant to 4:23-11 et seq., actions to enforce the provisions of this section may be brought by and in the name of the Secretary of Agriculture against any person or entity that fails to comply with this section. Any penalties assessed pursuant to (a) above shall be recovered by and in the name of the Secretary of Agriculture.

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