N.J. Admin. Code § 2:50-1.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 2:50-1.1 - Dairy farmers notice to dealers of intent to discontinue sales of milk

(a) Before a dairy farmer selling milk to New Jersey dealers may discontinue selling milk to such dealer, he or she shall give the dealer at least 28 days written notice of his or her intent to discontinue such sale.

(b) The notice of discontinuance shall be sent to the dealer by letter or on forms supplied by the Division of Marketing and Development (Division). A copy of such letter or form shall be filed with the Division of Marketing and Development and the 28-day period shall begin on the date such notice is received by the Division.

(c) The notice shall not be required from dairy farmers shipping to a cooperative association of which they are a member or when the termination is mutually agreeable to the dealer and the dairy farmer, provided that the Division of Marketing and Development is notified by both parties in advance of the change.

(d) The notice shall not be required for dairy farmers shipping to dealers who fail to make full payment in the time and manner required by joint orders of the Division of Marketing and Development and the United States Department of Agriculture.

(e) Upon written request by a dairy farmer or cooperative association, the notice provisions of this subchapter may be waived by the Secretary of the Department of Agriculture (Secretary) upon a finding of the following:

1. Compliance with the notice provision at (a) above would adversely impact the dairy industry in New Jersey;

2. Reasonable belief that dealer will fail to make payment to dairy farmers or cooperative associations based on dealer's failure to make timely payments to other dairy farmers or cooperative associations in New Jersey or other jurisdictions;

3. Filing of notice of bankruptcy by the New Jersey dealer; or

4. A reasonable belief that there is a risk of interruption in the availability of an adequate supply of fresh, wholesome milk to consumers, as required by the Milk Control Act of 1941, N.J.S.A. 4A:12-1et seq.

(f) This rule shall not affect or interfere with any private contractual obligations between dairy farmers, cooperative associations, and milk dealers.

N.J. Admin. Code § 2:50-1.1

Adopted by 54 N.J.R. 1704(a), effective 9/6/2022