Statutes, codes, and regulations
New Jersey Administrative Code
Title 2 - AGRICULTUREChapter 78 - NEW JERSEY ORGANIC CERTIFICATION PROGRAM
Subchapter 4 - CERTIFICATION MARK
Section 2:78-4.1 - Organic certification mark

N.J. Admin. Code § 2:78-4.1

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Current through Register Vol. 56, No. 24, December 18, 2024
Section 2:78-4.1 - Organic certification mark
(a) Organic producers and handlers certified pursuant to this chapter to use a "100 percent organic" or "organic" label may use the "NJDA Certified Organic" certification mark set forth in (b) below.
(b) The configuration of the "NJDA Certified Organic" certification mark is as follows:

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(c) For the promotion or sale of organic products, only those producers and/or handlers certified as organic by the NJDA are entitled to utilize the "NJDA Certified Organic" certification mark.
(d) Any certified producer or handler or certifying agent improperly using the certification mark set forth in (b) above shall be subject to the noncompliance procedure in 7 CFR 205.660 through 205.665.
(e) Penalties for knowingly selling or labeling a product as organic, except in compliance with the NOP are those set forth in 7 CFR 205.100(c)(1).
(f) Anyone improperly using the certification mark set forth in (b) above shall be subject to a penalty of not more than $ 50.00 for the first offense and not more than $ 100.00 for each subsequent offense. Each day the person or business remains noncompliant will constitute a new and separate offense.
(g) Any applicant who is aggrieved by the determination of the Division of Marketing and Development pursuant to (f) above, upon written request as provided below, shall 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 the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
1. Written requests for hearings must be sent to: Director, Division of Marketing and Development

NJ Department of Agriculture

P.O. Box 330

Trenton, New Jersey 08625-0330

2. Written request for hearings must be transmitted to the Department within 20 days of the penalty notice.
(h) Orders for penalties or to enjoin continuing violations may be enforced by the filing of a summary proceeding brought in the name of the Department in Superior Court or Municipal Court.

N.J. Admin. Code § 2:78-4.1

Amended by R.2009 d.297, effective 10/5/2009.
See: 41 N.J.R. 2165(a), 41 N.J.R. 3796(a).
In (d), deleted ", or any registered producer, handler, dealer" following "handler"; and added (f) through (h).