Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
Senator NELLIE POU
District 35 (Bergen and Passaic)
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
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 reported by the Assembly Agriculture Committee on January 3, 2022, with amendments.
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 1 601 days after the effective date of this section, a food retailer shall not label, 1or1 advertise 1[,]1 or in any way imply 1[in any advertising] with labeling or signage in the store or other establishment where the fruit or vegetable is sold,1 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 1 601 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 1for the first violation,1 or more than $200 for 1[each offense] a second or subsequent violation1 , 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 1[piece] type1 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. 1As soon as practicable after the effective date of this act, the Department of Agriculture shall post on its website notification of the enactment and provisions of this section.
d.1 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.