New Jersey Administrative Code
Title 2 - AGRICULTURE
Chapter 91 - ANIMAL WASTE MANAGEMENT
Subchapter 2 - DEFINITIONS
Section 2:91-2.1 - Definitions
For the purpose of this chapter, the following words and terms shall have the meanings described below, unless the context clearly indicates otherwise.
"Agricultural management practices (AMP)" means practices which have been recommended by the State Agriculture Development Committee, and adopted pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq.
"Animal density (AD)" means the number of animal units per acre of available farmland for pasturing animals and other land available for application of animal waste. For purposes of determining available farmland, only farmland actually used for pasturing or in which animal waste is actually applied can be counted, and specifically excludes land containing structures, woodlands and waters of the State.
"Animal unit (AU)" means 1,000 pounds of live body weight calculated on an annual average basis. In lieu of calculating the actual weight of each animal, the following conversion chart may be used for determining the animal units on farm:
Animal Unit Equivalants and manure Production
All Values Calculated from Midwest Plan Service - MWPS-18, 2000 (by the American Society of Agricultural Engineers)
Note: Animals not identified in the list shall be calculated based on species, production goals, breed or accepted species weights as determined by RCE.
"Animal waste" means livestock manure and associated bedding materials and animal carcasses from normal mortalities of livestock on a farm. For the purpose of this chapter, animal waste shall be free of plastic, metal, glass, or other non-biodegradable materials with the exception of de minimis quantities that result from agricultural activities. This definition specifically excludes Waste Class 5: Regulated Medical Waste, as found in 7:26-3A.6 , which includes contaminated animal carcasses, body parts, and associated animal bedding materials that were known to have been exposed to infectious agents during research, including research at veterinary hospitals, production of biologicals, or testing of pharmaceuticals.
"Appropriate agent" means a person outside of the U.S. Department of Agriculture (USDA) who is authorized by NRCS to provide technical assistance in the delivery of technical services to implement agricultural programs in the United States Department of Agriculture authorized by Federal farm legislation.
"Aquaculture" means a form of agriculture involving the propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments, and the subsequent processing, packaging and marketing, 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. Aquaculture is a water dependent activity but shall not include the construction of facilities and appurtenant structures that might otherwise be regulated pursuant to any State or Federal law or regulation.
"Aquatic farm" means any leased or privately owned water system and associated facilities and appurtenant structures capable of holding and/or producing cultured aquatic stock. It may also refer to more than one facility and may include both hatchery and grow-out components, multi-species farms, processing, packaging and marketing.
"Aquatic organism" means an animal or plant of any species or hybrid thereof and includes gametes, seeds, eggs, sperm, larvae, 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.
"Best management practices (BMPs)" mean activities, procedures and practices prescribed in an AWMP or CNMP which incorporates criteria and standards of the NRCS NJ-FOTG, NJDA BMP Manual or any site specific recommendations made by NJAES.
"Certification" means a written authorization from the Department to implement a CNMP approved by the local district. The certification is valid for five years from the date of issuance.
"Composting" means the aerobic, biological decomposition of organic matter, including manure, leaves, bedding and crop residues. It is a natural process that can be enhanced and accelerated by selecting organic waste "recipes," as set forth in the NJ-FOTG, with proper carbon/nitrogen balance; mixing to provide proper aeration; and monitoring to assure that ideal moisture levels and temperatures are maintained. These extra steps provide optimal conditions for the microbes that transform "raw" on-farm wastes into a relatively stable soil amendment/crop nutrient.
"Comprehensive Nutrient Management Plan (CNMP)" means a conservation plan that is a grouping of conservation practices and management activities which will help to ensure that both production and natural resource protection goals are achieved on the farm. The CNMP shall conform to the NRCS NJ-FOTG and be approved by the District in accordance with N.J.A.C. 2:91-3.6.
"Confined areas" means housed lots, feedlots, confinement houses, stall barns, milk rooms, milking centers, cowyards, barnyards, medication pens, dry lots, exercise yards and stables.
"Department" means the New Jersey Department of Agriculture.
"District" or "Soil Conservation District" means a soil conservation district established in accordance with the Soil Conservation Act, N.J.S.A. 4:24-1 et seq., which is the official soil conservation district for the county or region in which the farm is located. Contact information for each local soil conservation district can be found at http://www.state.nj.us/dep/dwq/pdf/soilcondist.pdf. For the purposes of these rules, the District is an agent of the Department.
"Farm" means parcels of land where livestock is housed, kept, stabled, confined, fed, or otherwise maintained or any parcel that receives or applies animal waste. A farm may include parcels owned, leased or otherwise available to a person.
"Fomite" means inanimate objects that serve to carry infections or toxins from one animal to another.
"High-density Animal Waste Management Plan (High-density AWMP)" means the plan developed by the farm operator utilizing the NJDA BMP Manual, for the management of animal waste. The plan shall be reviewed by the local soil conservation district to ensure conformance with the NJ-FOTG in accordance with N.J.A.C. 2:91-3.5.
"Land application" means the application of animal waste on land for the purpose of soil improvement and utilization of nutrients by plants.
"Livestock" means all aquaculture organisms, cattle, horses, ponies and other domestic equidae (mules and similar members of the horse family), swine, sheep, goats, llama, poultry, fowl, ratites (big birds such as emus, ostriches), rabbits and small ruminants as defined in N.J.A.C. 2:8-1.2(a).
"Natural Resources Conservation Service (NRCS)" means the
technical agency of the USDA, authorized by Public Law 46 of the 74th Congress (
7 U.S.C. §
6962) for the conservation of agricultural and
related natural resources. Contact information for the New Jersey NRCS field offices
can be found at
"New Jersey Agricultural Experiment Station (NJAES)" means an arm of Rutgers, the State University, conducting research in agriculture and related natural resources, as authorized by N.J.S.A. 4:16-1 and N.J.S.A. 18A:65-3.
"New Jersey Department of Agriculture Best Management Practices Manual (NJDA BMP Manual)" means the document entitled "On-Farm Strategies to Protect Water Quality," which was published in 2003, utilized as a planning and assessment tool for agricultural best management practices, published by the New Jersey Association of Conservation Districts, in cooperation with the Department, SSCC, and USDA-NRCS which is available by contacting New Jersey Department of Agriculture, P.O. Box 330, Trenton, New Jersey 08625.
"New Jersey Field Office Technical Guide (NJ-FOTG)" means the USDA-NRCS technical reference, as amended and supplemented, customized for the State of New Jersey, prescribing practices and standards for the conservation and management of soil, water and related natural resources which is available at http://efotg.nrcs.usda.gov/efotg_locator.aspx?map=NJ.
"Pasture" means land where 70 percent or more of the area is in vegetative cover that is used as a source of nutrition and exercise for livestock.
"Person" means any natural individual, society, association, board, venture, partnership, corporation, limited liability company, cooperative, company, organization, institution and governmental instrumentality recognized by law for any purpose whatsoever.
"Rutgers Cooperative Extension (RCE)" means an arm of Rutgers, the State University, providing educational services in agriculture and related natural resources.
"Self-Certified Animal Waste Management Plan (self-certified AWMP)" means the plan developed by the farm operator utilizing the NJDA BMP Manual for the management of animal waste in accordance with N.J.A.C. 2:91-3.4. The plan shall be self-certified by the owner or operator and the declaration page filed with RCE.
"State Agriculture Development Committee (SADC)" means the committee established pursuant to N.J.S.A. 4:1C-4 et seq.
"State Soil Conservation Committee (SSCC)" means the committee established pursuant to the Soil Conservation Act, N.J.S.A. 4:24-1 et seq.
"Technical service provider (TSP)" means NRCS-certified professionals outside of the USDA that help agricultural producers apply conservation practices on the land pursuant to 16 U.S.C. § 3842(b).
"USDA" means the United States Department of Agriculture.
"Vector" means a living organism that serves to carry infections or toxins from one animal to another.
"Waters of the State" means all surface and ground waters in New Jersey but does not include closed system aquatic farms.
"Woodland" means an area of land covered with a large and thick collection of growing trees.
