New Jersey Commercial Fertilzer and Soil Conditioner
4:9-15.1. Short title
This act may be referred to as the "New Jersey Commercial Fertilizer and Soil
Conditioner Act of 1970."
L.1970, c. 66, s. 1.
4:9-15.2. Administration of act
This act shall be administered by the New Jersey Department of Agriculture.
L.1970, c. 66, s. 2.
4:9-15.3 Definitions.
3. As used in this act:
(a) "Commercial fertilizer" means a fertilizer material, mixed fertilizer or any other
substance containing one or more recognized plant nutrients which is used for its plant
nutrient content, which is designed for use or claimed to have value in promoting
plant growth, and which is sold, offered for sale, or intended for sale; except that it
shall not be considered to include unmanipulated animal or vegetable manures,
agricultural liming materials, or wood ashes.
(b) "Specialty fertilizer" means a commercial fertilizer distributed primarily for
nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, parks,
cemeteries, greenhouses, and nurseries.
(c) "Customer formulated mix" means a commercial fertilizer prepared expressly
for, and according to specifications furnished prior to mixing by, the customer.
(d) "Soil conditioner" means any substance intended or claimed to improve the
chemical, physical or biological characteristics of the soil which is sold, offered for
sale, or intended for sale; except that it shall not be considered to include decomposed
organic material having an ash content not exceeding 25% by dry weight,
unmanipulated animal or vegetable manures, agricultural liming materials, or any
other materials that may be exempted by regulation.
(e) "Brand" means a term, design, or trademark used in connection with a soil
conditioner or with one or more grades of commercial fertilizer.
(f) "Grade" means the percentage of total nitrogen, available phosphoric acid, and
soluble potash stated in whole numbers in the same terms, order, and percentages as in
the guaranteed analysis; provided, however, that fertilizer materials, bone meal, and
similar raw materials may be guaranteed in fractional units.
(g) "Guaranteed analysis" means the minimum percentage of plant nutrients
claimed and set forth in the manner prescribed in subsection 10(c) of this act.
(h) "Index value" means an expression of the actual analysis of a fertilizer
compared to the guaranteed analysis determined according to the following
formula. Multiply the total nitrogen value by 3, the available phosphoric acid value
by 2, and the soluble potash value by one, and then add these figures separately for the
actual analysis and for the guaranteed analysis to obtain, respectively, the total actual
value and the total guaranteed value. The index value is obtained by dividing the total
actual value by the total guaranteed value.
(I) "Official sample" means any sample of commercial fertilizer or soil conditioner
taken by an agent of the Department of Agriculture and designated as "official" by the
department.
(j) "Person" includes any individual, partnership, association, firm, or corporation.
(k) "Distributor" means any person who imports, consigns, manufactures,
produces, compounds, mixes, or blends commercial fertilizer or soil conditioner or
who offers for sale, sells, barters, or otherwise supplies such products in this State.
(l) "Licensee" means a person who is licensed, or is required to be licensed, to
distribute commercial fertilizers or soil conditioners under the provisions of this act.
(m) "Manufacturing facility" means any place where a commercial fertilizer or soil
conditioner is manufactured, produced, compounded, mixed, blended, or in any way
altered chemically or physically.
(n) "Label" means the display of all written, printed, or graphic matter on the
immediate container or a statement accompanying a commercial fertilizer or soil
conditioner.
(o) "Labeling" means all written, printed, or graphic matter on or accompanying
any commercial fertilizer or soil conditioner, or the contents of any advertisements,
brochures, posters, or television or radio announcements used in promoting the sale of
such commercial fertilizer or soil conditioner.
(p) "Ton" means a net weight of 2,000 pounds avoirdupois.
(q) "Per cent" or "percentage" refers to the percentage by weight.
(r) "Department" means the New Jersey Department of Agriculture and includes
the State Board of Agriculture, the Secretary of Agriculture, the State Chemist, and all
employees and agents thereof.
(s) "State board" means the State Board of Agriculture of New Jersey.
(t) "Secretary" means the Secretary of Agriculture of New Jersey.
(u) "State Chemist" means the person appointed by the State board, subject to the
supervision of the secretary, for the purpose of administering this act.
(v) "Restricted commercial fertilizer" means any commercial fertilizer that in the
judgment of the State Chemist, in consultation with the Domestic Security
Preparedness Task Force, has the potential to be used as a "destructive device" as
defined in subsection c. of N.J.S.2C:39-1 or an "explosive" as defined in subsection
e. of N.J.S.2C:39-1 or otherwise presents an unreasonable threat to public
safety. "Restricted commercial fertilizer" shall include, but not be limited to, the
chemical compound ammonium nitrate.
L.1970,c.66,s.3; amended 1983, c.419; 2005, c.37, s.1.
4:9-15.4. Adoption of definitions by regulations
The State Board of Agriculture may adopt additional definitions by regulations in
accordance with section 33 of this act. Definitions of ingredients adopted by
regulation shall be derived from authoritative publications and sources, such as those
of the Association of American Plant Food Control Officials.
L.1970, c. 66, s. 4.
4:9-15.5. Necessity of license
Every person who owns or operates a manufacturing facility in this State or under
whose name commercial fertilizers or soil conditioners are distributed in this State
shall obtain a license to manufacture or distribute such products.
L.1970, c. 66, s. 5.
4:9-15.6 License fee
6. The minimum annual license fee for a manufacturer or distributor shall be
$250.00. In the case of each person who owns or operates more than one
manufacturing facility within this State there shall be an additional annual license fee
of $250.00 for each such additional manufacturing facility. In the case of each person
who owns or operates any manufacturing facilities located outside of New Jersey
which distribute commercial fertilizers or soil conditions within this State, there shall
be an additional annual license fee of $250.00 covering all such manufacturing
facilities. Fees collected pursuant to this section shall be forwarded to the State
Treasurer.
L.1970,c.66,s.6; amended 1975, c.139; 2002, c.34, s.5.
4:9-15.7. Application; issuance; expiration
Applications for licenses shall be submitted to the State Chemist on forms furnished
by his office and shall be accompanied by the appropriate fee. Upon approval by the
State Board of Agriculture, a license shall be issued to the applicant. All licenses
shall expire on June 30 of each year.
L.1970, c. 66, s. 7.
4:9-15.8. Specialty fertilizers; furnishing of label on application for license
A person applying for a license to distribute specialty fertilizers shall, at the time of
submitting his application, furnish the State Chemist with a label or facsimile thereof
for each brand and grade of specialty fertilizer.
L.1970, c. 66, s. 8.
4:9-15.8a Requirements for specialty fertilizer; definitions.
10. Any specialty fertilizer labeled for use on turf and intended for use by
consumers shall:
a. Contain no more than 0.7 pounds of water-soluble nitrogen and no more than 0.9
pounds of total nitrogen at least 20 percent of which shall consist of slow release
nitrogen per 1,000 square feet when applied pursuant to the instructions on the
container; and
b. Contain no phosphorus, except when specifically labeled for the following
purposes:
(1) providing nutrients to specific soils and target vegetation as determined to be
necessary pursuant to a soil test conducted by a laboratory identified pursuant to
subsection b. of section 6 of P.L.2010, c.112 (C.58:10A-66) and performed no more
than three years before the application, and pursuant to the associated annual fertilizer
recommendation issued by the New Jersey Agricultural Experiment Station at
Rutgers, the State University;
(2) establishing vegetation for the first time, such as after land disturbance,
provided the application is in accordance with the standards and requirements
established under the "Soil Erosion and Sediment Control Act," P.L.1975, c.251
(C.4:24-39 et seq.) and the rules and regulations adopted pursuant thereto;
(3) reestablishing or repairing a turf area; or
(4) delivering liquid or granular fertilizer under the soil surface, directly to the
feeder roots.
c. Nothing in this section shall apply to fertilizer derived from processed sewage
wastewater solids or manipulated animal or vegetable manure.
d. As used in this section:
"Consumer" means an individual who buys fertilizer for personal or household use
and not for business purposes.
"Manipulated animal or vegetable manure" means manure that is ground, pelletized,
mechanically dried, or otherwise treated to assist with the use of manure as a fertilizer.
"Slow release nitrogen" means nitrogen in a form that is released over time that is
not water soluble.
"Turf" means land, including residential property, that is planted in closely mowed,
managed grass, except land used in the operation of a commercial farm as that term is
defined pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3).
"Water-soluble nitrogen" means nitrogen in a water-soluble form that does not have
slow or controlled release properties.
L.2010, c.112, s.10.
4:9-15.9. Soil conditioners; furnishing of label on application for license
A person applying for a license to manufacture or distribute soil conditioners shall,
at the time of submitting his application, furnish the State Chemist with a label or
facsimile thereof for each soil conditioner. The State Board of Agriculture may
require that the application for a license be accompanied by authentic experimental
evidence to substantiate claims made for a soil conditioner.
L.1970, c. 66, s. 9.
4:9-15.10. Commercial fertilizer label to set forth certain information
Any commercial fertilizer distributed in this State in containers shall have placed
on or affixed to the container a label setting forth in clearly legible and conspicuous
form the following information:
(a) The net weight or other measure prescribed by regulation.
(b) The brand and grade.
(c) The guaranteed analysis, in the following order and form:
(1) Total nitrogen (N) .......... %
Available phosphoric acid (P2O5) .......... %
Soluble potash (K2O) .......... %
(2) For unacidulated mineral phosphatic materials and basic slag,
bone, tankage and other organic phosphatic materials, the total phosphoric acid
or the degree of fineness or both may also be guaranteed.
(3) Guarantees for plant nutrients other than nitrogen, available phosphoric
acid, and soluble potash may be permitted or required by regulation. The guarantees
for such other nutrients shall be expressed in the form of the element. The sources of
such other nutrients (including, but not limited to, oxides, salts, and chelates) may be
required to be stated on the application for a license and may be required to be
included as a parenthetical statement on the label. Other beneficial substances or
compounds determinable by laboratory methods may also be required to be
guaranteed by regulations adopted by the State Board of Agriculture with the advice
of the Director of the Agricultural Experiment Station. When any plant nutrients or
other substances or compounds are guaranteed they shall be subject to inspection and
analysis in accordance with methods and procedures prescribed by regulation.
(d) The name and address of the licensee.
L.1970, c. 66, s. 10.
4:9-15.11. Bulk distribution of fertilizer; statement of information
For each kind of commercial fertilizer distributed in bulk in this State, a written or
printed statement of the information required by section 10 of this act shall
accompany each delivery and be supplied to the customer at the time of delivery.
L.1970, c. 66, s. 11.
4:9-15.12. Customer formulated mix; label requirements
A customer formulated mix shall be designated "customer formulated mix" and, in
lieu of the requirements of sections 10 and 11 of this act, shall be labeled to show the
net weight, guaranteed analysis, and the name and address of the licensee and the
customer.
L.1970, c. 66, s. 12.
4:9-15.13 Labeling of specialty fertilizer.
13. a. A specialty fertilizer must be labeled as provided in section 10 of P.L.1970,
c.66 (C.4:9-15.10), and additional items may be required by regulation.
b. The container for a specialty fertilizer intended for use on turf must include the
following information in a readable and conspicuous form and shall be considered the
label:
Net Weight
Brand Name
Grade
Guaranteed Analysis:
Total Nitrogen (N)...........................................................%
......................................................% Ammoniacal Nitrogen
.............................................................% Nitrate Nitrogen
...............................................................% Urea Nitrogen
...........................................% Other Water Soluble Nitrogen
.................................................% Water Insoluble Nitrogen
Available Phosphate (P2O5)..............................................%
Soluble Potash (K2O)......................................................%
Additional Plant Nutrients as prescribed by regulation.
Name and address of the licensee.
c. (1) The container of a specialty fertilizer intended for use on turf that does not
contain pesticides regulated pursuant to the "Federal Insecticide, Fungicide, and
Rodenticide Act," 7 U.S.C.s.136 et seq., shall also contain the following summary of
best management practices for nutrient management in turf in a readable and
conspicuous form:
"Do not apply near water, storm drains or drainage ditches. Do not apply if heavy
rain is expected. Apply this product only to your lawn, and sweep any product that
lands on the driveway, sidewalk or street back onto your lawn."
(2) A container of a specialty fertilizer intended for use on turf that also contains a
pesticide regulated pursuant to the "Federal Insecticide, Fungicide, and Rodenticide
Act," 7 U.S.C.s.136 et seq., shall include the environmental hazard statement
recommended by the United States Environmental Protection Agency for that product.
d. As used in this section, "turf" means land, including residential property, that is
planted in closely mowed, managed grass, except land used in the operation of a
commercial farm as that term is defined pursuant to section 3 of P.L.1983, c.31
(C.4:1C-3).
L.1970, c.66, s.13; amended 2010, c.112, s.12.
4:9-15.13a Prohibited sales of fertilizer; definitions.
11. a. No person may sell at retail specialty fertilizer which contains more than 0.7
pounds of water-soluble nitrogen or more than 0.9 pounds of total nitrogen per 1,000
square feet at least 20 percent of which shall consist of slow release nitrogen when
applied pursuant to the instructions on the container and is intended for use on turf by
consumers.
b. No person may sell at retail specialty fertilizer which contains phosphorus and is
intended for use on turf by consumers unless the intended use of the fertilizer is:
(1) for application to specific soils and turf as determined to be necessary pursuant
to a soil test conducted by a laboratory identified pursuant to subsection b. of section 6
of P.L.2010, c.112 (C.58:10A-66) and performed no more than three years before the
application, and pursuant to the associated annual fertilizer recommendation issued by
the New Jersey Agricultural Experiment Station at Rutgers, the State University;
(2) for the establishment of turf for the first time, such as after land disturbance,
provided the application is in accordance with the standards and requirements
established under the "Soil Erosion and Sediment Control Act," P.L.1975, c.251
(C.4:24-39 et seq.), and the rules and regulations adopted pursuant thereto; or
(3) for the reestablishment or repair of a turf area.
c. Nothing in this section shall apply to fertilizers derived from processed sewage
wastewater solids or manipulated animal or vegetable manure.
d. As used in this section:
"Consumer" means a natural person who buys fertilizer for personal or household
use and not for business purposes.
"Manipulated animal or vegetable manure" means manure that is ground, pelletized,
mechanically dried, or otherwise treated to assist with the use of manure as a fertilizer.
"Slow release nitrogen" means nitrogen in a form that is released over time that is
not water soluble.
"Turf" means land, including residential property, that is planted in closely mowed,
managed grass, except land used in the operation of a commercial farm as that term is
defined pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3).
"Water-soluble nitrogen" means nitrogen in a water-soluble form that does not have
slow or controlled release properties.
L.2010, c.112, s.11.
4:9-15.14. Labeling of soil conditioner
Any soil conditioner distributed in this State in containers shall have placed on or
affixed to the container a label setting forth in clearly legible and conspicuous form
the following information:
(a) The net weight or other measure prescribed by regulation.
(b) The brand.
(c) An accurate statement of composition and purpose.
(d) The name and address of the licensee.
L.1970, c. 66, s. 14.
4:9-15.15. Bulk soil conditioners; statement of information
For each kind of soil conditioner distributed in bulk in this State, a written or
printed statement of the information required by section 14 of this act shall
accompany each delivery and be supplied to the customer at the time of delivery.
L.1970, c. 66, s. 15.
4:9-15.16 Inspection fee
16. Each licensee shall pay to the Department of Agriculture for all commercial
fertilizers and soil conditioners distributed in this State an inspection fee at the rate of
$0.30 per ton on all tonnage in excess of 10 tons per semiannual statement. Fees so
collected by the department shall be forwarded to the State Treasurer.
Sales to persons owning or operating manufacturing facilities or exchanges between
such persons are exempted from the inspection fee.
L.1970,c.66,s.16; amended 2002, c.34, s.6.
4:9-15.17. Tonnage reports
Every person who distributes a commercial fertilizer or soil conditioner in this
State shall file with the State Department of Agriculture, on a form furnished by the
State Chemist, semiannual reports for the periods ending December 31 and June 30,
setting forth the number of net tons of soil conditioner or of commercial fertilizer by
grade and form (that is, bags, bulk, liquid, or other forms) distributed in this State
during such 1/2 -year period. The report shall be due on or before the end of the
month following the close of each period and shall be accompanied by payment of
the inspection fee required under section 16 of this act. Information furnished under
this section shall not be disclosed in such a way as to divulge the operation of
any person.
L.1970, c. 66, s. 17.
4:9-15.18. Comprehensive system of reporting; regulations
When the State board, after public hearing following due notice, finds it desirable
to obtain or disseminate more detailed distribution statistics, it may by regulation
prescribe a more comprehensive system of reporting.
L.1970, c. 66, s. 18.
4:9-15.19. Failure to file tonnage report or pay inspection fee; assessment
If a licensee fails to file a tonnage report and to pay the inspection fee within 60
days after the end of the semiannual period, a collection fee of 10% of the amount
due, but not less than $10.00 in any event, shall be assessed against the licensee, and
the amount of fees due shall constitute a debt against the licensee. In the event that a
licensee fails to file the tonnage report and to pay the inspection fee, the Department
of Agriculture may assess the amount due on the basis of previous tonnage reports
filed.
L.1970, c. 66, s. 19.
4:9-15.20. Sales to intermediate distributors; filing of report and payment of fee
When the distribution of a commercial fertilizer or soil conditioner involves sales or
distribution to one or more intermediate distributors before sale or distribution to the
consumer, the person who distributes to a non-licensee is required to report the
tonnage and pay the inspection fee, unless the report and payment have been made by
a prior licensee.
L.1970, c. 66, s. 20.
4:9-15.21. Sampling and analysis by Department of Agriculture
It shall be the duty of the Department of Agriculture to sample, inspect, make
analyses of, and test commercial fertilizers and soil conditioners distributed within
this State at such time and place and to such an extent as it may deem necessary to
determine whether such products are in compliance with the provisions of this
act. The department is authorized to enter upon any public or private premises or
carriers during regular business hours in order to have access to commercial
fertilizers and soil conditioners and to records relating to their distribution, subject to
the provisions of this act and the rules and regulations adopted by the State Board of
Agriculture pursuant thereto.
L.1970, c. 70, s. 21.
4:9-15.22. Method of analysis and sampling
The methods of analysis and sampling utilized under section 21 of this act shall be
adopted by the State Board of Agriculture on the basis of authoritative sources such as
publications of the Association of Official Analytical Chemists.
L.1970, c. 66, s. 22.
4:9-15.23. Determination of violations
The Department of Agriculture, in determining for administrative purposes whether
any commercial fertilizer or soil conditioner is in violation of this act, shall base such
determination solely upon official samples as defined in subsection 3(i) and obtained
and analyzed in accordance with sections 21 and 22.
L.1970, c. 66, s. 23.
4:9-15.24. Deficiency; forwarding analysis report to licensee
The results of an analysis of a sample of any commercial fertilizer or
soil conditioner which indicates a deficiency shall be forwarded promptly by
the State Chemist to the licensee. Upon request and within 15 days of the date
the analysis report is forwarded, the State Chemist shall furnish to the licensee
a portion of any sample. If within 15 days after the forwarding of the analysis report
indicating a deficiency no adequate evidence contradicting the analysis report is made
available to the State Chemist, the report of the sample analysis shall become official
and may be submitted to the purchaser.
L.1970, c. 66, s. 24.
4:9-15.25 Deficiency in primary plant nutrients; penalties
25. If an official analysis shows that a commercial fertilizer is deficient in one or
more of its guaranteed primary plant nutrients (nitrogen, available phosphoric acid,
and soluble potash) beyond the investigational allowance as established by regulation
or if the over-all index value of the fertilizer is below the level established by
regulation, a penalty of five times the commercial value of such deficiency shall be
assessed by the State Chemist against the licensee. Subsequent violations within two
years of the first violation shall be subject to an additional penalty of not less than
$200.00 or more than $1,000.00.
L.1970,c.66,s.25; amended 2002, c.34, s.7.
4:9-15.26. Determination and publication of value of primary plant nutrients
For the purpose of determining the commercial values to be applied under section
25 of this act, the State Board of Agriculture shall determine and publish annually the
values per pound of nitrogen, including water insoluble nitrogen, available phosphoric
acid, soluble potash, and other plant nutrients as determined by the State board, in
commercial fertilizers in this State. The values so determined and published shall be
used in determining and assessing penalties.
L.1970, c. 66, s. 26.
4:9-15.27. Payment of penalties
All penalties assessed under section 25 of this act shall be paid to the purchaser, or
to a consumer who thereafter received possession of the lot represented by the sample
analyzed, within 60 days after the date of notice from the State Chemist to the
licensee. Receipts shall be obtained and forwarded promptly to the State Chemist by
the licensee. If the purchaser or consumer cannot be found, the amount of the penalty
shall be paid to the State Treasurer.
L.1970, c. 66, s. 27.
4:9-15.28. Judicial relief
Nothing contained in this act shall prevent any person from appealing to a court of
competent jurisdiction for relief from an assessment imposed under section 25 of this
act.
L.1970, c. 66, s. 28.
4:9-15.29. Deficiency; penalty prescribed by regulation
If an official report of a sample analysis shows that a commercial fertilizer or soil
conditioner is deficient beyond the investigational allowance as established by
regulation in any constituents guaranteed pursuant to paragraph 10(c)(3) of this act,
the penalties prescribed by regulation adopted by the State Board of Agriculture shall
be applicable.
L.1970, c. 66, s. 29.
4:9-15.30. Misbranding
No person shall distribute a misbranded product. A commercial fertilizer or soil
conditioner shall be deemed to be misbranded:
(a) If its labeling is false or misleading in any particular.
(b) If it is distributed under the name of another product.
(c) If it is not labeled in accordance with any applicable provisions of sections 10,
11, 12, 13, 14 and 15 of this act and of regulations prescribed under this act.
(d) If it purports to be or is represented as a commercial fertilizer, or is represented
as containing a plant nutrient or commercial fertilizer, unless such plant nutrient or
commercial fertilizer conforms to the definitions or terms prescribed by
regulation. In the adoption of such regulations due regard shall be given to
commonly accepted definitions and official fertilizer terms such as those issued by
the Association of American Plant Food Control Officials.
L.1970, c. 66, s. 30.
4:9-15.31. Adulterated products; prohibition against distribution
No person shall distribute an adulterated product. A commercial fertilizer or soil
conditioner shall be deemed to be adulterated:
(a) If it contains any deleterious or harmful ingredient in sufficient amount to
render it injurious to plant life when applied in accordance with directions for use on
the label, or if adequate warning statements or directions for use, which may be
necessary to protect plant life, are not shown on the label.
(b) If its composition falls below or differs from that which it is purported to
possess by its labeling.
(c) If it contains unwanted crop seed or weed seed.
L.1970, c. 66, s. 31.
4:9-15.32. Publication of information concerning distribution of fertilizers and
soil conditioners and results of analyses
The State Board of Agriculture shall publish in such form and as it may
deem proper:
(a) At least once every 6 months, information concerning the distribution
of commercial fertilizer and soil conditioners.
(b) At least once each year, results of analyses based on official samples of
commercial fertilizer distributed within the State as compared with the guaranteed
analyses prescribed under section 10.
L.1970, c. 66, s. 32.
4:9-15.33. Rules and regulations
The State Board of Agriculture, after public hearing and due notice, in accordance
with the Administrative Procedure Act (P.L.1968, c. 410, C. 52:14B-1 et seq.), may
adopt such rules and regulations as it deems necessary to carry into effect the full
intent and purposes of this act.
L.1970, c. 66, s. 33.
4:9-15.33a. Fertilizer regulation
The department may adopt rules and regulations it may deem appropriate
concerning the preparation, processing or distribution of seafood wastes to be used to
fertilize or otherwise improve the chemical or physical characteristics of soil.
L. 1986, c. 80, s. 1, eff. Aug. 6, 1986.
4:9-15.33b. Cooperation encouraged
The department may cooperate with any State or federal agency or any private
organization to effectuate the purposes of this act.
L. 1986, c. 80, s. 2, eff. Aug. 6, 1986.
4:9-15.34. Revocation, suspension or refusal of license
The State Board of Agriculture may revoke, suspend, or refuse to renew the license
of any licensee or refuse to issue a license to a person under this act upon finding that
the licensee or applicant has violated any provision of this act or of the rules and
regulations adopted thereunder. No license shall be revoked, suspended, or refused
until the licensee or applicant shall have been afforded an opportunity for a hearing
before the State board or such person or persons as the State board may designate to
conduct such hearings.
L.1970, c. 66, s. 34.
4:9-15.35. Stop sale, use, or removal order
The State Board of Agriculture may issue and enforce a written "stop sale, use, or
removal" order to the owner or custodian of any lot of commercial fertilizer or soil
conditioner, or material purported to be commercial fertilizer or soil conditioner,
when the State Chemist finds that said material is being offered or exposed for sale in
violation of any provision of this act or any rule or regulation adopted
thereunder. Such order may require that the material be held at a designated place
until the violation has been corrected and written authorization for removal has been
received from the Department of Agriculture. The State Chemist shall authorize
removal of commercial fertilizer or soil conditioner so held whenever the
requirements of this act have been met and any identifiable costs and expenses
incurred by the department in connection with this action, due to a violation, have
been paid.
L.1970, c. 66, s. 35.
4:9-15.36. Seizure and disposal of deficient products
Any lot of commercial fertilizer or soil conditioner which is in violation of this act
shall be subject to seizure on complaint of the State Board of Agriculture to a court of
competent jurisdiction in the area in which said product is located. In the event the
court finds the product to be in violation of this act and orders the condemnation of
said product, it shall be disposed of in any manner consistent with the quality of the
product and the laws of the State:
Provided, that in no instance shall the disposition of said commercial fertilizer or
soil conditioner be ordered by the court without first affording the owner an
opportunity to apply to the court for release of the product or for permission to
process or relabel the product to bring it into compliance with this act.
L.1970, c. 66, s. 36.
4:9-15.37. Injunction
Any violation or threatened violation of any provision of this act or of any rule or
regulation adopted thereunder may be restrained by the Superior Court in an action
brought for such purpose by the Attorney General on behalf of the State Board of
Agriculture.
L.1970, c. 66, s. 37.
4:9-15.38. Violations; penalties
38. Any person convicted of violating any provision of this act or of any rule or
regulation adopted thereunder other than a violation involving a plant nutrient
deficiency shall be subject to a penalty of not less than $25.00 nor more than $100.00
for the first offense and not less than $100.00 nor more than $500.00 for any
subsequent offense within a three-year period. The penalty shall be collected and
enforced in summary proceedings under "the penalty enforcement law" (N.J.S.2A:58-
1 et seq.) in the Superior Court.
L.1970,c.66,s.38; amended 1991,c.91,s.166.
4:9-15.39. Hearings
Upon receiving any information of a violation of any provision of this act or of any
rule or regulation adopted thereunder, the Secretary or any agent designated by him
for such purpose, is empowered to hold hearings upon said violation and, upon
finding the violation to have been committed, to assess a penalty against the violator
in such amount, not to exceed the maximum limit set forth in section 38, as the
secretary deems proper under the circumstances. If the violator pays such penalty as
settlement, no further prosecution shall be had upon that violation. Payment of such
a penalty shall be deemed equivalent to a conviction for violation of this act.
L.1970, c. 66, s. 39.
4:9-15.40. Minor violations; warnings
Nothing in this act shall be construed as requiring the State Chemist or
the Department of Agriculture to report a minor violation for prosecution or seizure
proceedings when the State Chemist determines that the public interests will best be
served by a suitable notice of warning in writing.
L.1970, c. 66, s. 40.
4:9-15.41. Exempt transactions
Nothing in this act shall be construed to apply to sales or exchanges of commercial
fertilizer or soil conditioners between importers, manufacturers, or manipulators who
mix fertilizer materials for sale or as preventing the free and unrestricted shipments of
commercial fertilizer or soil conditioner to manufacturers or manipulators who have
been licensed under this act.
L.1970, c. 66, s. 41.
4:9-15.42. Severability
If any provision of this act, or any application of any provision, is held invalid, the
invalidity shall not affect other applications of the provision, or other provisions of the
act, which reasonably can be given effect despite the invalidity. To this end, the
provisions of this act are hereby declared to be severable.
L.1970, c. 66, s. 42.
4:9-15.43 Record of sales of restricted commercial fertilizer.
2. a. Every manufacturer or distributor of a restricted commercial fertilizer shall
record, on forms provided by the secretary, the number of a valid State or federal
driver's license bearing a photograph, or other picture identification card number
approved for buyer identification by the State Board of Agriculture, and make a clear
copy of that identification, before offering for sale or selling restricted commercial
fertilizer to that buyer.
b. Licensed manufacturers or distributors shall maintain for at least two years a
record of all sales of restricted commercial fertilizer including:
(1) the date of sale or delivery of the fertilizer;
(2) the name, address and copy of the driver's license or picture identification card
of the person to whom the fertilizer was sold or delivered;
(3) the amount of the fertilizer; and
(4) any other information as may be required by the State Board of Agriculture.
c. Licensed manufacturers or distributors shall annually compile and report the
information required pursuant to subsection a. of this section to the State Board of
Agriculture.
d. The State Board of Agriculture shall refuse to grant or renew a license of a
manufacturer or distributor who fails to comply with the reporting requirements set
forth in subsections a. and b. of this section.
e. A licensed manufacturer or distributor may refuse to offer for sale or sell
restricted commercial fertilizer to buyers attempting to purchase ammonium nitrate
out of season, in unusual quantities or under suspect purchase patterns.
f. The State Board of Agriculture, after consultation with the Domestic Security
Preparedness Task Force, shall promulgate regulations implementing the provisions of
this section.
L.2005,c.37,s.2.
4:9-15.44 Report of suspect purchase, theft, loss by distributors.
3. A distributor of restricted commercial fertilizer shall immediately report any
suspect purchase pattern, theft or loss of inventory of a restricted commercial fertilizer
to the appropriate law enforcement agency.
L.2005,c.37,s.3.
4:9-15.45 Immunity for refusal to sell, report of suspect purchases, certain
circumstances.
4. Notwithstanding any provision of law to the contrary, any person who refuses to
sell a restricted commercial fertilizer to any person, or any person who reports
information to a law enforcement official or agency concerning the suspect purchase
pattern of any person attempting to purchase a restricted commercial fertilizer shall be
immune from any civil liability on account of the report, unless such person has acted
in bad faith or with malicious purpose.
L.2005,c.37,s.4.