4:9-21.1 - Short title
4:9-21.1. Short title
This act shall be known and may be cited as "The New Jersey Agricultural Liming Materials Act."
L.1968, c. 392, s. 1.
4:9-21.2.Definitions
2. As used in this act:
(a) "Agricultural liming materials" means all suitable materials containing calcium or magnesium in chemical form, physical condition and quantity capable of neutralizing soil acidity, which shall include, but need not be limited to, limestone, burnt lime, marl, and industrial by-product.
(b) "Limestone" means a material consisting primarily of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.
(c)"Burnt lime" means a material, made from limestone, which consists primarily of calcium oxide or a combination of calcium oxide with magnesium oxide.
(d) "Hydrated lime" means a material, made from burnt lime, which consists of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide or magnesium hydroxide.
(e) "Brand" means the term, designation, trademark, product name or other specific designation under which a single agricultural liming material is offered for sale.
(f) "Fineness" means the percentage by weight of the material, which will pass through sieves of specified sizes. The fineness shall be measured in reference to 20 mesh, 60 mesh and 100 mesh sieves of United States Standard designation.
(g) "Physical classification" means the fineness of the agricultural liming material as it relates to its particle size.
(h) "Ton" means a net weight of 2,000 pounds avoirdupois.
(i) "Percent" or "percentage" means by weight.
(j) "Bulk" means in nonpackaged form.
(k) "Label" means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments.
(l) "Person" means individual, partnership, association, firm or corporation.
(m) "State board" means the State Board of Agriculture of New Jersey.
(n) "Secretary" means the Secretary of Agriculture of New Jersey.
(o) "Marl" means a granular or loosely consolidated earthy material composed primarily of sea shell fragments and calcium carbonate.
(p)"Industrial by-product" means any industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity.
(q) "Calcium carbonate equivalent" or "CCE" means the acid neutralizing capacity of an agricultural liming material expressed as the percentage by weight of the liming material consisting of calcium carbonate and magnesium carbonate, taking into account the relative molecular weights of the two compounds.
(r) "Weight" means the weight of undried material as offered for sale.
(s) "Mesh permeability factor evaluation test" or "MPFET" means the assignment of values to a single agricultural liming material product, in order to rank and label relative particle size, in the following manner:
Percentage by weight of the product that passes through:
20-60 mesh sieve x .4 = A
60-100 mesh sieve x .8 = B
100 mesh sieve or finer x 1.0 = C.
(t) "Mesh permeability factor" or "MPF" means the value assigned to a single agricultural liming material product based upon relative particle size, obtained from the MPFET conducted pursuant to subsection (s) of this section and obtained in the following manner:
MPF = A + B + C.
(u) "Effective neutralizing value" or "ENV" means the value of the neutralizing capability of a single agricultural liming material product which takes into account relative particle sizes and the percentage by weight of the calcium carbonate equivalent obtained by the following formula:
ENV = MPF x CCE.
(v) "Single agricultural liming material" means a constituent of agricultural liming materials.
(w) "State Chemist" means the person appointed pursuant to R.S.4:1-42.
L.1968,c.392,s.2; amended 1995,c.390,s.1.
4:9-21.3.Information affixed to each package of agricultural liming materials
3. (a) Agricultural liming materials sold or offered for sale in the State shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information:
(1) The name and principal office address of the licensee.
(2) The brand or trade name of the material.
(3) The identification of the product as to the type of the agricultural liming material.
(4) The net weight of the agricultural liming material.
(5) The fineness classification of all materials except burnt lime, hydrated lime and marl. A material shall be labeled as fine sized when at least 95% by weight passes through a 20 mesh sieve, 60% by weight passes through a 60 mesh sieve and 50% by weight passes through a 100 mesh sieve. A material shall be labeled as medium sized when at least 90% by weight passes through a 20 mesh sieve, 50% by weight passes through a 60 mesh sieve, and 30% by weight passes through a 100 mesh sieve. A material shall be labeled as coarse sized when the material fails to meet minimums for the fine sized and the medium sized classification.
(6)The minimum percentage on a dry weight basis of calcium and magnesium.
(7) (Deleted by amendment, P.L.1995, c.390).
(8) The calcium carbonate equivalent.
(9) The effective neutralizing value.
(b) (Deleted by amendment, P.L.1995, c.390).
(c) No information or statement shall appear on any package, label or delivery slip or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type or composition of the agricultural liming material.
(d) In the case of any material which has been adulterated subsequent to packaging, labeling or loading thereof and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip such notice to identify the kind and degree of such adulteration therein.
(e)At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.
L.1968,c.392,s.3; amended 1975,c.140,s.1; 1995,c.390,s.2.
4:9-21.4.Requirements for sale of agricultural liming material
4. (a) No person shall sell or offer for sale in this State agricultural liming material unless it complies with the provisions of "The New Jersey Agricultural Liming Materials Act," P.L.1968, c.392 (C.4:9-21.1 et seq.) and any rules or regulations adopted pursuant thereto.
(b) No agricultural liming material shall be sold or offered for sale in this State which contains toxic materials in quantities injurious to plants or animals.
L.1968,c.392,s.4; amended 1995,c.390,s.3.
4:9-21.6.License required; expiration
6. No person shall manufacture for distribution in this State or distribute in this State any agricultural liming material until a license has been obtained by the person whose labeling is applied to such agricultural liming material from the State board or its authorized agent. All licenses shall expire on December 31 of each year.
L.1968,c.392,s.6; amended 1975,c.140,s.2; 1995,c.390,s.4.