Bill Text: NJ S3290 | 2022-2023 | Regular Session | Introduced
Bill Title: Exempts pick-your-own orchards from State's plastic bag ban and authorizes pick-your-own orchards to sell ground-harvested fruit as ingredients for use in food and other value-added products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-10-31 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S3290 Detail]
Download: New_Jersey-2022-S3290-Introduced.html
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Exempts pick-your-own orchards from State's plastic bag ban and authorizes pick-your-own orchards to sell ground-harvested fruit as ingredients for use in food and other value-added products.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning pick-your-own orchards, amending P.L.2020, c.117, and supplementing Title 24 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. As used in this section:
"Ground-harvested fruit" means fruit that has fallen or been dropped or blown from a tree, bush, or stem, or that otherwise lays on the ground, at the time of harvest.
"Pick-your-own orchard" means an orchard in the State that offers customers the opportunity to select and harvest their own fruit for purchase and use.
"Value-added product" means an agricultural commodity or product that has undergone a change in physical state, was produced in a manner that enhances its value, as demonstrated through a business plan showing the enhanced value, is physically segregated in a manner that enhances its value, or is aggregated and marketed as a locally produced agricultural food product, and which, as a result of such change in physical state or such manner of production, marketing, or segregation, results in an expanded customer base for the agricultural commodity or product and enables the producer to retain a greater portion of the revenue derived from the marketing, processing, or physical segregation of the agricultural commodity or product.
b. Notwithstanding any other law, rule, or regulation to the contrary, the owner or operator of a pick-your-own orchard shall be authorized to:
(1) use ground-harvested fruit to produce alcohol, cider, baked goods, or other value-added products for sale or distribution in this State, provided that the final value-added products are pasteurized or otherwise appropriately prepared or treated, prior to sale or distribution, as may be necessary to destroy microorganisms that may cause disease, spoilage, or undesirable fermentation; and
(2) sell or distribute ground-harvested fruit to another person, including through pick-your-own methods, for use as an ingredient in the production or processing of food or other value-added products, which use comports with the provisions of paragraph (1) of this subsection.
c. A value-added product that incorporates ground-harvested fruit, is sold or distributed, offered for sale or distribution, or possessed for the purposes of sale or distribution, as a food product in this State, and has not been pasteurized or otherwise appropriately prepared or treated in a manner that destroys the microorganisms contained therein, as required by subsection b. of this section, shall be subject to confiscation, condemnation, and destruction or disposal by the Department of Health, in accordance with the provisions of R.S.24:4-1 et seq.
d. Nothing in this section shall be deemed to authorize a pick-your-own orchard to sell or distribute ground-harvested fruit, including to customers employing pick-your-own methods, for the purposes of direct human consumption.
2. Section 2 of P.L.2020, c.117 (C.13:1E-99.127) is amended to read as follows:
2. As used in P.L.2020, c.117 (C.13:1E-99.126 et al.):
"Carryout bag" means a bag that is provided by a store or food service business to a customer for the purpose of transporting groceries, prepared foods, or retail goods. "Carryout bag" shall not include:
(1) a bag used solely to contain or wrap uncooked meat, fish, or poultry;
(2) a bag used solely to package loose items such as fruits, vegetables, nuts, coffee, grains, baked goods, candy, greeting cards, flowers, or small hardware items;
(3) a bag used solely to contain live animals, such as fish or insects sold in a pet store;
(4) a bag used solely to contain food sliced or prepared to order, including soup or hot food;
(5) a laundry, dry cleaning, or garment bag;
(6) a bag provided by a pharmacy to carry prescription drugs;
(7) a newspaper bag; and
(8) any similar bag, as determined by the department pursuant to rule, regulation, or guidance.
"Department" means the Department of Environmental Protection.
"Food service business" means a business that sells or provides food for consumption on or off the premises, and includes, but is not limited to, any restaurant, café, delicatessen, coffee shop, convenience store, grocery store, vending truck or cart, food truck, movie theater, or business or institutional cafeteria, including those operated by or on behalf of any governmental entity. "Food service business" does not include a pick-your-own orchard, as defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Grocery store" means a self-service retail establishment that occupies at least 2,500 square feet and that sells household foodstuffs for off-site consumption, including, but not limited to, fresh produce, meat, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. "Grocery store" shall not include an establishment that handles only prepackaged food that does not require time or temperature controls for food safety.
"Hemp product" means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale.
"Person" means any individual, corporation, company, association, society, firm, partnership, joint stock company, or governmental entity.
"Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during the life cycle and after disposal.
"Polystyrene foam" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
"Polystyrene foam food service product" means a product made, in whole or in part, of polystyrene foam that is used for selling or providing a food or beverage, and includes, but is not limited to, a food container, plate, hot or cold beverage cup, meat or vegetable tray, cutlery, or egg carton.
"Reusable carryout bag" means a carryout bag that: (1) is made of polypropylene, PET nonwoven fabric, nylon, cloth, hemp product, or other machine washable fabric; (2) has stitched handles; and (3) is designed and manufactured for multiple reuse.
"Single-use paper carryout bag" means a carryout bag made of paper that is not a reusable carryout bag.
"Single-use plastic carryout bag" means a carryout bag made of plastic that is not a reusable carryout bag.
"Store" means any grocery store, convenience store, liquor store, pharmacy, drug store, or other retail establishment.
(cf: P.L.2020, c.117, s.2)
3. (New section) The Department of Agriculture and the Department of Health, in consultation, shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the provisions of this act.
4. This act shall take effect immediately.
STATEMENT
This bill would amend the law establishing the State's plastic bag ban to clarify that pick-your-own orchards are not subject to the ban. In addition, the bill would authorize the owner or operator of a pick-your-own orchard to: (1) use ground-harvested fruit to produce alcohol, cider, baked goods, or other value-added products for sale or distribution in the State, provided that the final, value-added products are pasteurized or otherwise appropriately prepared or treated, as may be necessary to destroy microorganisms that might cause disease, spoilage, or undesirable fermentation; and (2) sell or distribute ground-harvested fruit to another person for use in the production or processing of food or other value-added products, which third-party use is to comport with the bill's provisions regarding pasteurization of, or other appropriate destruction of microorganisms in, the final product.
The bill defines a "pick-your-own orchard" as an orchard in the State that offers customers the opportunity to select and harvest their own fruit for purchase and use. It further defines "value-added product" to mean an agricultural commodity or product that: has undergone a change in physical state, was produced in a manner that enhances its value, as demonstrated through a business plan showing the enhanced value, is physically segregated in a manner that enhances its value, or is aggregated and marketed as a locally produced agricultural food product, and which, as a result of such change in physical state or such manner of production, marketing, or segregation, results in an expanded customer base for the agricultural commodity or product and enables the producer to retain a greater portion of the revenue derived from the marketing, processing, or physical segregation of the agricultural commodity or product.
Under the bill's provisions, if a value-added product containing ground-harvested fruit from a pick-your-own orchard is sold or distributed, offered for sale or distribution, or possessed for the purposes of sale or distribution as a food product in this State and has not been pasteurized or otherwise appropriately prepared or treated, as required by the bill, the product will be subject to confiscation, condemnation, and destruction or disposal by the Department of Health, in accordance with the provisions of existing law pertaining to the seizure and condemnation of adulterated foods.
