Bill Text: NJ A2871 | 2012-2013 | Regular Session | Amended
Bill Title: Provides for confiscation and forfeiture of mislabeled Jersey Fresh and similarly branded goods.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2013-05-20 - Received in the Senate, Referred to Senate Economic Growth Committee [A2871 Detail]
Download: New_Jersey-2012-A2871-Amended.html
Sponsored by:
Assemblyman MATTHEW W. MILAM
District 1 (Atlantic, Cape May and Cumberland)
Assemblywoman CELESTE M. RILEY
District 3 (Cumberland, Gloucester and Salem)
Assemblyman NELSON T. ALBANO
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Provides for confiscation and forfeiture of mislabeled Jersey Fresh and similarly branded goods.
CURRENT VERSION OF TEXT
As reported by the Assembly Agriculture and Natural Resources Committee on October 15, 2012, with amendments.
An Act concerning mislabeled Jersey Fresh and similarly branded goods, and amending P.L.2011, c.218.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.2011, c.218 (C.4:10-19.2) is amended to read as follows:
7. a. (1) A person shall not advertise, or in any way imply in any advertising or on any packages or devices, that any produce, seafood, dairy, or other agricultural product has been produced in New Jersey unless the product, seafood, dairy, or other agricultural product was produced in New Jersey or the waters thereof.
(2) A person shall not advertise, or in any way imply in any advertising, or on any packages or devices, that any produce, seafood, dairy, or other agricultural product is a "Jersey Grown," "Jersey Seafood," "Jersey Fresh," "Premium Jersey Fresh," "Made With Jersey Fresh," or "Made With Premium Jersey Fresh" product, unless: (1) the product complies with the relevant grading standards for freshness, as required, by rule or regulation adopted by the Department of Agriculture, for the use of such branding; and (2) the person has first obtained a license and registration number from the Department of Agriculture, in accordance with rules and regulations adopted thereby, authorizing the use of such branding in association with the particular product.
b. A person who shall violate the provisions of subsection a. of this section shall be liable to a penalty of $100 to be collected in a civil action in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) and paid to the General Fund. The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999" in connection with this section. Each package or device improperly labeled in violation of this section shall constitute a separate violation.
The Secretary of Agriculture, in conjunction with the Division of Consumer Affairs in the Department of Law and Public Safety, shall have the power, by injunction or otherwise, to restrain any person or organization violating the provisions of this section. [Not withstanding] Notwithstanding any law, rule, or regulation to the contrary, Department of Agriculture inspectors may issue citations to any person suspected of violating the provisions of this section.
c. (1) Any agricultural product that is labeled or otherwise marketed in violation of the provisions of subsection a. of this section may be confiscated, and shall be subject to forfeiture by summary proceeding instituted by the Secretary of Agriculture in a court of competent jurisdiction.
(2) Upon the filing of a verified complaint, the court may issue a warrant directing a law enforcement officer to: (a) seize, and take into possession, the product or products described in the complaint; (b) bring such product or products before the court that issued the warrant; and (c) summon the person named in the warrant, and any other person who may be found in 1knowing1 possession of the described product or products, to appear at the time and place therein specified.
(3) If, after a hearing, the court determines that the labeling or other marketing of an agricultural product was in violation of the provisions of subsection a. of this section, the product shall be forfeited and disposed of by destruction, donation, or sale as the court may direct, but no such agricultural product shall be sold contrary to the provisions of this or any other law, or any rule or regulation adopted pursuant thereto. The proceeds from any sale conducted pursuant to this subsection, less legal costs and charges, shall be paid into the State Treasury.
(4) If an agricultural product seized pursuant to 1[paragraph (2) of]1 this subsection is of such character that, upon the proper licensure and registration of the owner, the product's labeling or other marketing as a "Jersey Grown," "Jersey Seafood," "Jersey Fresh," "Premium Jersey Fresh," "Made With Jersey Fresh," or "Made With Premium Jersey Fresh" product would not be prohibited by law, the court may, upon the recommendation of the Secretary of Agriculture, order such product to be delivered to the owner upon the owner's payment of court costs and execution and delivery to the department as obligee, of a good and sufficient bond to the effect that such product will not be sold or otherwise disposed of in a manner that is contrary to the provisions of this or any other law, or any rule or regulation adopted pursuant thereto.
(cf: P.L.2011, c.218, s.7)
2. This act shall take effect immediately.
