We have continued to receive questions and comments about the NJ Bag Ban and its impact on farm markets. These questions and comments have been specifically focused on the fact that the ban does not clearly state what types of plastic bags can be used to bag exempted items, including produce. We have received mixed communication about the use of t-shirt style bags for exempted items. The original PPA post on the ban has been updated to reflect this lack of clarity about the enforcement of the bag ban on exempted items. We encourage farms using t-shirt style bags to communicate with their municipality or county, depending on who will be enforcing this ban at their sales locations, to find out how enforcement personnel plan to interpret the law. The law states that those who are out of compliance with the ban will be given a warning for a first offence, a $1000 per day fine for a second offence, and a $5000 a day fine per day for third and subsequent offences. We hope official guidance from DEP will be forthcoming to clarify the law section pertaining to plastic bags for exempted items. Information on the bag ban from the state can be found online.
Commercial Ag Updates + Farm Food Safety
Rutgers Cooperative Extension Ag Agents provide updates on what they see in the field, upcoming events, and other important news that affects your operation, such as developments in on-farm Food Safety. Subscribe if you wish to be notified about workshops, meetings, and upcoming commercial ag events.
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Farms and the New Jersey Cottage Food Law – Q&A
New Jersey farms may be interested in adding Cottage Food products to their product line at their farm stands and markets. The Cottage Food Law is very specific about the types of products it covers, the total sales value of the Cottage Food products, and the production location of these products. Municipalities must be consulted prior to a permit application submittal, and we know of some instances where local ordinances and zoning have prohibited Cottage Food activities. Answers to some common questions are below.
What type of business can operate under the NJ Cottage Food Law?
Businesses who choose to produce products allowed under the law (see below), using a home kitchen, and who sell less than $50,000 of cottage food law covered products must comply with the provisions of the Cottage Food Law. The law allows production of the products listed below only in home kitchens. No other facilities may be used for the production of these Cottage Food items.
What are the food items covered by the NJ Cottage Food Law?
Baked goods that do not require refrigeration.
Candies
Chocolate covered nuts and fruits
Dried fruit
Dried herbs and seasonings, and mixes
Dried pasta
Dry baking mix
Fruit jams, fruit jellies, and fruit preserves
Fruit pies, fruit empanadas, fruit tamales (not pumpkin)
Fudge
Granola, cereal, and trail mix
Sweet sorghum syrup
Nuts and nut mixtures
Nut butters
Popcorn and caramel corn
[Read more…]
In-Person CORE Meetings in Burlington County
Rutgers Cooperative Extension of Burlington County will host two ‘CORE Extravaganza’ meetings to provide an in-person opportunity for licensed pesticide applicators to earn CORE recertification credits. [Read more…]
New to Orchards? Homesteading Academy Hosts Educational Tour in June
The Rutgers Homesteading Academy invites you to “Take a Walk with an Expert” at the Rutgers Snyder Research and Extension Farm in Pittstown, NJ (Hunterdon County). Join Dr. Megan Muehlbauer, Hunterdon County Agricultural Agent, for an educational tour of the orchards on Wednesday, June 15, 2022 from 5:30 to 7:30 p.m. [Read more…]
The NJ Plastic Bag Ban and Your Retail Farm Market
The NJ plastic bag ban will impact retail farm markets starting May 4th. Note that enforcement of this ban will vary based on your retail sales location. Counties and municipalities may use their health or other departments for enforcement along with the DEP. Without specific guidance on how to enforce the ban in farm retail settings there will likely be variations based on location.
Some key pieces of information about the rule that may impact your market are detailed below:
Paper bags are banned only for stores that are identified as a “grocery store”. If you are not considered a grocery store (see definition below) you may use paper bags.
Grocery stores are defined as “self-service retail establishment that occupies at least 2,500 square feet and that sells household foodstuffs for offsite consumption, including fresh produce, meat, poultry, deli products, dry foods, baked foods, prepared foods.” We anticipate that enforcement will vary based on local jurisdiction with this definition. If you are a retail farm market that is over 2,500 square feet, including your outdoor sales areas, it is suggested that you communicate with your municipality or county to determine if you can use paper bags or not.
The state does not define what types of plastic bags can be used for exempted items, and we have had varying guidance from DEP. Questions about the rule can be directed to singleuseplastics@dep.nj.gov Contact your municipality or county to determine how they plan to regulate exempted item bagging. DEP identifies the following items as exempt:
- Loose items including: fruits, vegetables, nuts, coffee, grains, baked goods, candy, greeting cards, flowers, small hardware items
- Uncooked meat, fish, or poultry
- Food sliced or prepared to order, including soup and hot foods
You cannot sell single use bags at your store, except for pre-packaged bags such as bulk trash bags, pet waste bags, zip-lock bags, etc.
The regulation does not discuss biodegradable single-use bags that can be decomposed by bacteria and other living organisms in a short period of time. The plastic bag ban is specific to single-use bags made from a synthetic materials. Many biodegradable bags are made from corn-based materials and have improved in their strength since they were first released a number of years ago. Should you plan on purchasing biodegradable bags make sure you can prove what materials they are made of in case of customer or regulatory questioning. The New Jersey Office of Innovation has a listing of companies that sell bags that are allowable under the ban.
Reusable bags ideally should be made of materials that can be easily cleaned and must have handles stitched onto them. Fabrics that can be washed and dried in a machine are preferred since the heat cycle in the dryer will kill any potential human pathogens that find their way onto the bags surface. If purchasing reusable bags to give to your customers be sure to look at the cleaning instructions and communicate proper handling of these bags to your customers. You are not required to provide reusable bags to your customers.
As we better understand this regulation, we will share that information with you.
*article updated on June 15, 2022
ATTENTION: Department of Agriculture Allows Controlled Open Burns to Protect Crops
With the state continuing to experience colder spring temperatures, the Department of Environmental Protection has agreed with NJDA Secretary Douglas Fisher’s request to allow farmers to do controlled open burning or use specialized torches known as smudge pots to protect flowering crops from damage beginning today, April 20, through Wednesday, May 4.
Damage from freezing weather now can significantly reduce yields of certain fruits and vegetables that are in the flowering stage.
Please see the link below for more information:
