57 N.J.R. 441(a)

VOLUME 57, ISSUE 5, MARCH 3, 2025
RULE PROPOSALS

Reporter
57 N.J.R. 441(a)    NJ - New Jersey Register                      >                                                                                                                    2025                      >                                                                                                                    MARCH                      >                                                                                                                    MARCH 3, 2025                      >                                                                                                                    RULE PROPOSALS                      >                                                                                                                    LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS                   

Interested Persons Statement 

INTERESTED PERSONS 
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal. 
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of  N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register. 
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at      N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code. 
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > OFFICE OF WEIGHTS AND MEASURES

Administrative Code Citation


Proposed Readoption: N.J.A.C. 13:47G      

Text

 Standard Containers for Farm Products; Weights and Measures
Authorized By: David Freed, Acting State Superintendent, Office of Weights and Measures.
Authority: N.J.S.A. 51:1-61.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2025-016.
Submit comments by May 2, 2025, to:
David Freed, Acting State Superintendent
Office of Weights and Measures
1261 Routes 1 and 9 South
Avenel, NJ 07001
Or electronically at: http://www.njconsumeraffairs.gov/Pro-posals/Pages/default.aspx
The agency proposal follows:
Summary
Pursuant to the provisions at N.J.S.A. 52:14B-5.1.c, the rules at N.J.A.C. 13:47G were scheduled to expire on January 30, 2025. The Office of Weights and Measures (the Office) has reviewed these rules and determined them to be necessary, reasonable, and proper for the purpose for which they were originally promulgated, that is, to establish standard containers for farm products. As the Office has filed this notice of readoption prior to January 30, 2025, the chapter expiration date is extended 180 days to July 29, 2025, pursuant to N.J.S.A. 52:14B-5.1.c(2). The Office proposes these rules for readoption with no amendments.
Subchapter 1 establishes the legal standards for farm product containers. N.J.A.C. 13:47G-1.1 requires that all standard containers for fruits and vegetables be legibly marked by the manufacturers with the capacity in terms of quarts. It also requires manufacturers to mark each container with their names and addresses, or in lieu of such names and addresses, signs or symbols furnished by the State Superintendent of Weights and Measures. N.J.A.C. 13:47G-1.2 sets forth the legal container standard for apple crates. N.J.A.C. 13:47G-1.3 sets forth the legal container standard for apple boxes. N.J.A.C. 13:47G-1.4 establishes the legal container standard for cranberry boxes. N.J.A.C. 13:47G-1.5 establishes that the half pint till or box is the standard container for the distribution and sale of fresh berries in New Jersey. N.J.A.C. 13:47G-1.6 sets forth the standard containers for mushrooms. N.J.A.C. 13:47G-1.7 provides the container specifications for asparagus crates. N.J.A.C. 13:47G-1.8 establishes the legal standards for sweet corn, strawberry, and blueberry containers.
As the Office has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement, pursuant to N.J.A.C. 1:30-3.3(a)5.
Social Impact
The rules proposed for readoption at N.J.A.C. 13:47G provide uniform standards for containers that are used for farm products. As these rules provide legal standards to ensure consistency, the impact of these rules is and will continue to be positive upon those who package farm products in containers and those who purchase the products that are packaged in these containers.
Economic Impact
The Office believes that continuing the current standards set forth in the rules will not impose any new costs.
Federal Standards Statement
A Federal standards analysis is not required because the rules proposed for readoption are subject to State statutory requirements and are not subject to any Federal requirements.
Jobs Impact
The Office does not expect that the rules proposed for readoption will result in the creation or loss of jobs in the State.
Agriculture Industry Impact
The Office does not anticipate that the current rules proposed for readoption will have any new impact on the agriculture industry in the State as container specifications are being continued. The markings on containers for fruit and vegetables shall be legible and in terms of quarts. Such containers shall also include either the manufacturer's name and address or a sign or symbol furnished by the Superintendent.
Containers for apples must have the following inside dimensions: length 17 1/2 inches; width 14 inches; height at ends 11 inches; and sides 10 1/4 inches. A box for apples having a capacity of 1 1/8 bushels, with cubical contents of 2,419.22 cubic inches, is standardized legal in New Jersey.
The standardized boxes for cranberries are a half barrel box, Style A, with dimensions: 20 inches long by 14 inches wide by 10 7/16 inches deep, and having cubical contents of 2,923 cubic inches; a half barrel box, Style B, with dimensions: 20 inches long by 14 inches wide by 10 1/2 inches deep, and having cubical contents of 2,940 cubic inches; a one-quarter barrel box, with dimensions: 15 inches long by 10 1/2 inches wide [page=442] by 9 1/4 inches deep, and having cubical contents of 1,456.875 cubic inches; and a one-eighth barrel box, with dimensions: 11 7/8 inches long by 8 3/8 inches wide by 7 11/32 inches deep, and having cubical contents of 730.36 cubic inches.
The 1/2 pint till or box is the standardized box for the distribution and sale of fresh berries in New Jersey. The cubical contents must be 16.80 cubic inches.
Mushrooms may be packaged or sold in closed or covered original standard containers of one-quart or one-pint capacity and marked in a plain manner with the net quantity of contents in terms of volume by dry measure.
Containers for asparagus (known as the "pyramid asparagus crate") must have the dimensions: length, 16 1/4 inches; width at top, 9 3/4 inches; width at bottom, 12 inches; height, 11 inches.
The standardized crate for sweet corn is a container with inside dimensions of: 21 7/8 inches in length; 12 inches in width; and nine inches in height.
A container for strawberries must have the inside dimensions of: 22 1/8 inches in length; 11 inches in width; and 9 5/8 inches in height.
Blueberry containers must have the inside dimensions of: 18 inches in length; 13 inches in width, and 3 3/8 inches in height. These containers must also include a 1/2 inch center divider.
Regulatory Flexibility Analysis
The rules proposed for readoption do not impose any reporting or recordkeeping requirements. The rules impose compliance requirements upon those individuals that package farm products, such as apples, cranberries, mushrooms, asparagus, sweet corn, blueberries, and strawberries, and manufacturers of the containers in which they are packed. Most of the farmers upon whom these requirements are imposed are small businesses, as defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The rules specify the legal standards for the containers used to package farm products in New Jersey.
No additional professional services will be needed to comply with the rules proposed for readoption. Moreover, the Office does not believe that there will be any economic impact as a result of the rules proposed for readoption. The Office believes that the rules proposed for readoption should be uniformly applied in order to ensure the health, welfare, and safety of the general public; therefore, no differing compliance requirements are provided.
Housing Affordability Impact Analysis
The rules proposed for readoption will have no impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs associated with housing because the rules proposed for readoption concern container specifications for farm products.
Smart Growth Development Impact Analysis
The rules proposed for readoption will have an insignificant impact on smart growth and there is an extreme unlikelihood that the regulation would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, pursuant to the State Development and Redevelopment Plan in New Jersey because the rules proposed for readoption concern container specifications for farm products.
Racial and Ethnic Community Criminal Justice and Public Safety Impact
The Director of the Office has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.
Full text of the rules proposed for readoption may be found in the New Jersey Administrative Code at N.J.A.C. 13:47G.