(TRENTON) – A legislative package
sponsored by Assembly Democrats Nelson T. Albano, Celeste M. Riley, Troy
Singleton and John J. Burzichelli to promote New Jersey’s wineries and farms and
protect our agricultural products against counterfeits was approved Monday by
the Assembly.
The first bill (A-2871), sponsored by
Albano, Riley and Singleton, would put some serious teeth into the laws
governing the use of the “Jersey Fresh” and similar branding, in an effort to
cull counterfeit food products claiming to have New Jersey ingredients.
“When counterfeit ‘Jersey Fresh’
products are found, we need to get them off the market as quickly as possible,”
said Albano (D-Atlantic/Cape May/Cumberland). “Nabisco or Kraft wouldn’t
tolerate counterfeiters trying to pass knock-off Oreos or Mac and Cheese as the
real thing on store shelves and neither should the farmers, butchers and
fishermen behind the ‘Jersey Fresh’ label.”
Current law already prohibits and
penalizes the use of the state outline on agricultural products not produced in
New Jersey. The bill (A-2871) would supplement existing law to include specific
prohibitions against using the “Jersey Fresh” logos and branding on agricultural
products not produced in state and would provide for the seizure and forfeiture
of such counterfeit products.
“While there are already laws on the
books that prohibit trying to pass off produce, vegetables and meats and fish as
‘Jersey Fresh,’ we don’t really have a system in place to remove the goods once
they’ve made it to store shelves,” said Riley (D-Cumberland/Gloucester/Salem).
“Our legislation would put that system in place; leaving counterfeit ‘Jersey
Fresh’ products in stores benefits no one.”
“There is a certain expectation of
taste and quality that consumers associate with the ‘Jersey Fresh’ label,” said
Singleton (D-Burlington). “There is a trust built on product consistency that
only our farmers can deliver. Counterfeits not only betray this trust, but
damage the brand’s reputation which can hurt our farmers and retailers
financially. This added layer of protection can help prevent
that.”
Specifically, the bill (A-2871) would
prohibit advertising and packaging from implying in any way that any produce,
seafood, dairy or other agricultural product is “Jersey Fresh,”
unless:
- The product complies with all relevant state Department of Agriculture grading standards for freshness for the use of such branding; and
- The individual has first obtained a license and registration number from the department authorizing the use of such branding in association with their particular product.
Any agricultural product that is
labeled marketed in violation of the bill’s provisions would be subject to
forfeiture when the defendant has committed a second or subsequent offense under
the bill’s provisions. In addition, upon the filing of a verified complaint
alleging that farm products are being improperly marketed in violation of the
bill’s provisions, a court would be authorized to issue a warrant directing a
law enforcement officer to: (1) seize, and take into possession, the product or
products described in the complaint; (2) bring such product or products before
the court that issued the warrant; and (3) summon the person named in the
warrant, and any other person who may be found in knowing possession of the
described product or products, to appear in court on the designated
date.
If the court determines that the
labeling or other marketing was in violation of the bill’s (or of current law’s)
marketing prohibitions, the bill would require the product to be forfeited and
disposed of by destruction, donation, or lawful sale, as directed by a court of
competent jurisdiction. The proceeds from any court-authorized sale, less legal
costs and charges, would be paid into the state treasury.
The second bill (A-2978), sponsored
by Albano, Burzichelli and Riley, would require the Department of Agriculture to
post on its web site information on the location and contact information of
wineries and farms in New Jersey, along with a link to any other list of
wineries posted on the Internet by any other state agency. Under the bill,
information on farms would be posted if the farms sell any of their agricultural
or horticultural items.
“Our wineries carry great potential
for increased job creation and economic development throughout our state, so
let’s embrace that potential and promote wineries and our farms as best we can,”
said Albano. “It’s 2013, so let’s make sure we utilize our technological
resources as best we can to promote our agricultural
heritage.”
“New Jersey’s wineries are part of a
burgeoning industry that can, if promoted properly, significantly benefit our
state, and we know our farms are already a key aspect of our economy,” said
Burzichelli (D-Gloucester/Cumberland/Salem). “Let’s use all of our tools to
promote these tourist and business destinations to make sure we take full
advantage of their benefits.”
“Nowadays when people are planning a
vacation, they will rely on Google to search for their ideal destination. We
have the ability to reach so many more people through the web,” said Riley. “New
Jersey boasts beautiful farms and wineries that warrant promotion. Let’s use the
web to our advantage to promote these growing industries to help boost local
economies, as well as the state.”
The bill (A-2871) was approved 73-3-2
and now awaits further consideration by the Senate, while bill (A-2978) was
approved 77-0-1 and now heads to the Senate for further
consideration.
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