N.J. Admin. Code § 2:78-4.2

Current through Register Vol. 56, No. 24, December 18, 2024

Section 2:78-4.2 - Transitional sustainable certification mark

(a) Producers and handlers certified pursuant to this chapter may use the "Transitional Sustainable" certification mark set forth in (b) below.

(b) The configuration of the "Transitional Sustainable" certification mark is as follows:

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(c) For the promotion or sale of "Transitional Sustainable" products, only those producers or handlers certified as "Transitional Sustainable" by NJDA, pursuant to N.J.A.C. 2:78-3.1, are entitled to utilize the "Transitional Sustainable" certification mark.

(d) 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.

(e) 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.

(f) 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 § 2:78-4.2

Amended by R.2009 d.297, effective 10/5/2009.
See: 41 N.J.R. 2165(a), 41 N.J.R. 3796(a).
Rewrote (d) and (e); and added (f).