Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
Senator NELLIE POU
District 35 (Bergen and Passaic)
Co-Sponsored by:
Senator Turner
SYNOPSIS
Requires that only fruits and vegetables grown and packaged in NJ may be labeled by food retailers as local to State.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the labeling of fruits and vegetables by food retailers and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Beginning 30 days after the effective date of this section, a food retailer shall not label, advertise, or in any way imply in any advertising that a fruit or vegetable is “locally grown,” “locally harvested,” “locally-sourced,” or local to the State unless the fruit or vegetable was grown, harvested, and packaged within the State.
b. Beginning 30 days after the effective date of this section, a food retailer who violates the provisions of this section shall be subject to a penalty of not less than $100 or more than $200 for each offense, 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.). 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 piece of fruit or vegetable improperly labeled by a food retailer in violation of this section shall constitute a separate violation. The Secretary of Agriculture is authorized to institute a civil action for a violation of this section.
c. As used in this section, “food retailer” means an establishment that sells a selection of foods to consumers including, but not limited to, grocery stores, supermarkets, farmer’s markets, and convenience stores.
2. This act shall take effect immediately.
STATEMENT
This bill requires that only fruits and vegetables grown, harvested, and packaged in the State may be labeled by food retailers as “locally grown,” “locally harvested,” “locally-sourced,” or local to the State.
Since locally grown produce is picked at its peak ripeness, locally grown produce is fresher and richer in nutrients than other non-local produce. In addition, eating locally grown food provides environmental benefits since produce grown and harvested locally avoids the environmental costs of transportation and refrigeration. The purchase of locally grown produce benefits the local economy and helps to preserve farmland. New Jersey farmers rely on the sales of locally grown produce in order to sustain their businesses.
The terms “locally grown,” “locally harvested,” “locally-sourced,” or local to the State refer to food and other agricultural products that are grown, harvested, packaged, and then sold within a certain area. However, there's no standard definition of local. As a result, many food retailers utilize different definitions of the terms “locally grown,” “locally harvested,” or “locally-sourced,” to describe food and agricultural products. The current ability of retailers to label produce that is grown, harvested, and packed in other states as local to the State of New Jersey creates ambiguity about the freshness of produce and also serves as competition to the sales of “Jersey Fresh” products.
This bill, requiring that only fruits and vegetables grown, harvested, and packaged in the State may be labeled by food retailers as “locally grown,” “locally harvested,” “locally-sourced,” or local to the State, will ensure that only fruits and vegetables grown and harvested within the State are advertised as local to the State.
Any food retailer that violates the provisions in the bill would be subject to a penalty of not less than $100 or more than $200. Each piece of fruit or vegetable improperly labeled by a food retailer would constitute a separate violation.