STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Senator JOSEPH PENNACCHIO
District 26 (Essex, Morris and Passaic)
Senator ANTHONY R. BUCCO
District 25 (Morris and Somerset)
Concerns baked goods sold at farm markets.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning baked goods sold at farm markets and amending R.S.51:1-17.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.51:1-17 is amended to read as follows:
51:1-17. All articles of food, other than liquids, which are capable of being measured [by dry capacity measure and which heretofore have been] and are sold by dry capacity measure in this State shall, except as hereinafter provided, be offered for sale or sold upon the basis of avoirdupois net weight or by numerical count only, and it shall be unlawful for anyone to use or employ any dry capacity measure, basket, barrel or container of any kind as a means of determining the amounts or quantities of [any such] the articles of food offered for sale or sold. The provisions of this section shall not be construed to apply to:
a. Fruits and vegetables offered for sale or sold in closed or covered standard containers; [or]
b. Articles of food offered for sale [by bona fide farmers in any farmers' public] at a farm market, [in open or uncovered standard containers,] which articles may be transferred to a bag or other suitable receptacle when [such] the transfer is agreeable to [,] and made in the presence of [,] the buyer, by (1) bona fide farmers in open or uncovered standard containers, or (2) producers of baked goods in covered or wrapped containers for health or sanitation purposes; [or]
c. Vegetables which by common custom are offered for sale or sold by the bunch; or
d. Fresh berries and other small fruits, which are customarily offered for sale and sold by the box, basket or other receptacle, except, however, when [such] the fresh berries and other small fruits are offered for sale or sold in bulk, in which case the provisions of this section shall apply to the extent that [such] the fresh berries and other small fruits shall be offered for sale and sold by avoirdupois net weight only, but all fresh berries and [such] other small fruits [, when offered for sale or sold] shall be [so] offered for sale or sold in boxes, baskets or receptacles of uniform size to hold one quart or one pint dry measure only, uniformly and evenly filled throughout.
As used in this section:
“Bona fide farmers” means agriculturists or growers of fruits and vegetables who actually produce the commodities they sell and who are registered with the Department of Agriculture or a county agent or board of agriculture.
“Dry capacity measure” means only bushel, half-bushel, peck, half-peck, quarter-peck, quart, pint, half-pint, and similar measures.
“Producer” includes a baker of freshly baked or made products, including, but not limited to, cakes, cookies, desserts, muffins, pastries, pies, treats, or other baked goods, excluding bread.
“Standard container” means only barrels, boxes, baskets, hampers or similar containers, the dimensions or capacity of which is established by law of this State or by Act of Congress, and upon which is plainly and conspicuously marked the net quantity of contents thereof in terms of weight, measure or numerical count.
[“Bona fide farmers” means agriculturists or growers of fruits and vegetables who actually produce the commodities they sell and who are registered as such either with the State Department of Agriculture or with any county agent or board of agriculture.]
Any person violating any of the provisions of this section shall, for the first offense, be liable to a penalty of not less than [$50.00 nor] $50 or more than [$100.00] $100, for a second offense to a penalty of not less than [$100.00 nor] $100 or more than [$250.00] $250, and for each subsequent offense to a penalty of not less than [$250.00 nor] $250 or more than [$500.00] $500.
(cf: P.L.1977, c.201, s.1)
2. This act shall take effect immediately.
This bill allows producers to sell their freshly-baked products at farm markets in wrapped or covered containers, for sanitation purposes, without being weighed.
Under current law, all articles of food which are capable of being measured and sold by dry capacity measure are based on the avoirdupois net weight or numerical count only and sold accordingly. An exception to this measurement requirement is articles of food offered for sale by bona fide farmers at a farm market, but only if the food is in open or uncovered standard containers. This requirement puts producers of baked goods, such as “Baked with Jersey Fresh” and “Made with Jersey Fresh” products, who sell their products at farm markets at a disadvantage, because they are required to weigh their hand-crafted products, unlike their counterparts in retail shops and local bakeries.