Adopted Emergency and Concurrent Proposed New Rules: N.J.A.C. 2:20-9
Emergency New Rules Adopted and Concurrent Proposed New Rules Authorized: December 14, 2005 by the State Board of Agriculture, Charles M. Kuperus, Secretary
Filed: January 13, 2006, as R.2006 d.63.
Gubernatorial Approval (N.J.S.A. 52:14B?4(c)): December 29, 2005.
Authority: N.J.S.A. 4:1-21.2, 4:1-21.5, 4:1-21.6, and 4:7-1 et seq.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Concurrent Proposal Number: PRN 2006 –48.
Emergency Adoption Effective Date: January 13, 2006
Emergency Rules Expiration Date: March 14, 2006
Submit comments by March 8, 2006 to:
Carl P. Schulze Jr., Director
Division of Plant Industry
N. J. Department of Agriculture
P.O. Box 330
Trenton, New Jersey 08625?0330
This is an emergency adoption and concurrent proposal seeking to adopt new rules that establish a new quarantine area in Bergen, Hunterdon, Passaic, Sussex and Warren Counties due to the emergence of the pine shoot beetle, Tomicus piniperda, in these areas. These new rules are adopted on an emergency basis and will become effective upon acceptance for filing by the Office of Administrative Law pursuant to N.J.S.A 52:14B-4(c) and N.J.A.C. 1:30-6.5(b). Concurrently, the provisions of this emergency adoption are proposed for adoption pursuant to the normal rulemaking requirements of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq. In accordance with N.J.A.C. 1:30-6.5(d), the new rules become effective upon acceptance for filing by the Office of Administrative Law, if filed on or prior to the emergency expiration date.
The agency emergency adoption and concurrent proposal follows:
Summary
The Department of Agriculture (Department) is proposing new rules in response to an imminent threat of serious harm to forests, pine plantations, nurseries and Christmas tree farms in New Jersey caused by the pine shoot beetle, Tomicus piniperda. Infestation by this beetle can cause severe decline in the health of certain species of pine trees. Scots pine and Red pine in particular may be killed when high populations exist. Adult beetles may also breed in spruce, fir, and larch logs that occur in stands mixed with pine. New Jersey’s native pines, eastern white pine (Pinus strobus) and pitch pine, (Pinus rigida) are susceptible to aesthetic damage due to shoot feeding, but are not preferred hosts of the beetle. The beetles are often carriers of various species of blue stain fungi that greatly diminish the quality of lumber and other forest products.
The pine shoot beetle (Tomicus piniperda L.) is indigenous to Europe. It was first discovered in the United States at a Christmas tree farm near Cleveland, Ohio, in July 1992. The insect pest spreads naturally approximately 30 miles per year, and it has been detected in all or parts of Minnesota, Wisconsin, Illinois, Indiana, Maryland, Maine, Michigan, New Hampshire, New York, Pennsylvania, Ohio, Vermont, and West Virginia. The pine shoot beetle, previously not known to be present in New Jersey, was found in Bergen, Hunterdon, Passaic, Sussex and Warren Counties in October 2005. These rules seek to limit the long distance spread of this insect pest, to delay and reduce aesthetic damage to New Jersey’s forests, and to reduce or prevent economic damage to New Jersey’s Christmas tree farms, pine plantations and nurseries; and the lumber and forest products industries in the Southeastern United States.
Long distance spread of the pine shoot beetle is a result of human activity, primarily through the interstate shipment of infested lumber, cut Christmas trees or pine nursery stock. The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) maintains a Federal quarantine, 7 CFR §301.50, to prevent long distance spread of the pine shoot beetle from known infested areas. States infested with the pine shoot beetle must enact parallel state quarantines of the affected areas of the State that are equivalent to the Federal quarantine requirements under 7 CFR §301.50; otherwise, APHIS will quarantine the entire state. These new rules are being proposed on an emergency basis because APHIS has given New Jersey a deadline of January 31, 2006 to enact the parallel State quarantine. Due to the rulemaking calendar requirements, it would be impossible to enact this rule within the mandatory time period absent emergency adoption. The Department, therefore, promulgates these new rules by emergency adoption due to the imminent peril posed by the spread of the pine shoot beetle and to avoid a Statewide quarantine.
Subchapter 9 is a new subchapter that declares the pine shoot beetle to be a dangerously injurious insect pest, prescribes an area under quarantine, and restricts the movement of plant material that is a host of the pine shoot beetle.
N.J.A.C. 2:20-9.1 incorporates by reference the Federal Pine Shoot Beetle Quarantine, 7 CFR 301.50 et seq., as amended and supplemented, which is the Federal Pine Shoot Beetle Quarantine. 7 CFR §301.50-2 defines articles regulated by USDA APHIS to prevent the spread of the pine shoot beetle. 7 CFR §301.50-4 describes the process governing the interstate movement of regulated articles from quarantined areas; and 7 CFR §301.50-5 establishes requirements for issuing permits and compliance agreements for moving regulated articles in a manner that prevents the spread of the pine shoot beetle. The ability to enter into compliance agreements with USDA APHIS and the terms under which such agreements may be cancelled are governed by 7 CFR §301.50-6. Conditions governing assembly and USDA APHIS inspection of regulated articles are set forth in 7 CFR §301.50-7. 7 CFR §301.50-8 requires that certificates and limited permits be attached to regulated articles at all times during interstate movement and requires their presentment at the destination. USDA APHIS costs for inspections and other services are set forth at 7 CFR 301 §50-9. Finally, 7 CFR 301 §50-10 sets forth the requirements for treatment of affected regulated articles. N.J.A.C. 2:20-9.2 contains definitions of terms used in the subchapter.
N.J.A.C. 2:20-9.3 declares the pine shoot beetle to be a dangerously injurious insect, and to be a nuisance.
N.J.A.C. 2:20-9.4 restricts the movement of plant material unless in accordance with the proposed new rules.
N.J.A.C. 2:20-9.5 identifies those articles that present a risk of spreading the pine shoot beetle if moved from the quarantine area without restrictions.
N.J.A.C. 2:20-9.6 describes the area(s) in New Jersey under quarantine. In addition, it authorizes the Secretary of Agriculture to temporarily quarantine areas where the pine shoot beetle is found until such a time as the State Board of Agriculture can approve a full quarantine in accordance with the Administrative Procedure Act.
N.J.A.C. 2:20-9.7 describes conditions for movement of regulated articles to areas outside the area(s) under quarantine in New Jersey. Movement of regulated articles is permitted during the months of October, November and December and when temperatures are below 50 degrees Fahrenheit because flight movement of the pine shoot beetle is minimal. Either the Department or USDA APHIS can conduct inspections or issue a limited permit, certificate or other approval for the movement of regulated articles.
As this notice of emergency adoption and concurrent proposal involves an imminent peril subject to provisions of N.J.S.A. 52:14B-4(c), this notice is exempted from the rulemaking calendar requirements pursuant to N.J.A.C. 1:30-3.3(a).
Social Impact
The social impact of the proposed emergency adopted and concurrent proposed new rules will affect property owners and inhabitants in affected areas, along with municipal and county shade tree commissions, Christmas tree growers and nurserymen conducting business within New Jersey. Pine shoot beetle can cause severe decline in the health of the trees in certain species of pine, Scots pine and Red pine in particular, and in some cases, kill trees when high populations exist, which reduces property values, and results in property owners having to pay for the removal of dead tree hazards. New Jersey’s native pines, eastern white pine (Pinus strobus) and pitch pine, (Pinus rigida), while not preferred hosts, are susceptible to the beetle, when high beetle populations exist. Damage to pine forest trees in public and private forest lands could occur reducing species diversity, jeopardizing the health and vitality of the ecosystem, and causeing losses to the aesthetics of our woodlands that cannot be easily measured.
Economic Impact
The proposed emergency adopted and concurrent proposed new rules will affect Christmas tree growers, garden centers and nurserymen conducting business within New Jersey. Pine shoot beetle can be easily managed in Christmas tree farms and nurseries through good sanitation practices and pest management; culled trees and other potential brood material can be piled and burned, or chipped prior to beetle emergence in late spring. Susceptible trees can be treated with the application of routine cover sprays during shoot feeding to protect against feeding damage. The Department believes that the costs associated with good sanitation practices and pest management are no greater than the normal costs of doing business.
Nurseries or garden centers within the quarantine area are prohibited from shipping regulated articles outside the quarantine area without a certificate issued by the Department or USDA APHIS. There are approximately 40 Christmas tree growers within the proposed quarantine area. All are primarily retail operations and none ship commercial lots outside the quarantine area. There are approximately 276 plant dealers and 157 nurserymen conducting business within the quarantine area. Among these businesses, approximately 30 nurserymen within the proposed quarantine area ship pine nursery stock to locations outside of the proposed quarantine area. Inspections and limited permits are provided to qualified shippers by USDA APHIS at no charge during normal work hours; the Department would charge phytosanitary inspection fees of $20.00 or $50.00 for each shipment according to the schedule at N.J.A.C. 2:18. Businesses under valid USDA APHIS compliance agreements, may self inspect and are exempted from the need to have each shipment inspected by a USDA AHPIS or Department inspector. The costs of compliance with these proposed rules are expected to be minimal. By contrast, the cost of allowing this pest to remain unchecked could be devastating to the lumber and nursery industry, particularly in the southern United States.
These rules seek to limit the long distance spread of this insect pest, to delay and reduce aesthetic damage to New Jersey’s forests, and to reduce or prevent economic damage to New Jersey’s Christmas tree farms, pine plantations and nurseries; and to the lumber and forest products industries in the Southeastern United States.
Federal Standard Statement
Executive Order No. 27 (1994) and P. L. 1995, c. 65 require State agencies which adopt, readopt or amend State regulations that exceed any Federal standards or requirements to include in the rulemaking document a comparison with Federal law. The United States Animal and Plant Health Inspection Service (APHIS) has promulgated rules at 7 CFR §301.50, Pine Shoot Beetle Quarantine, to prevent the spread of pine shoot beetle from known infested areas.
The proposed emergency adopted and concurrent proposed new rules at N.J.A.C. 2:20-9 are substantially the same as, but do not exceed, those imposed by Federal law at 7 CFR §301.50 (Pine Shoot Beetle Quarantine) and at 7 U.S.C. §§7701 et seq. (Plant Protection Act).
Jobs Impact
The rules proposed for emergency and concurrent adoption are not expected to result in the generation or loss of jobs in the State.
Agriculture Industry Impact
The proposed emergency adopted and concurrent proposed new rules will affect Christmas tree farms, garden centers and nurserymen conducting business within New Jersey. Nurseries or garden centers within the quarantine area will be prohibited from shipping regulated articles outside the quarantine area without a certificate issued by the Department or a limited permit issued by USDA APHIS. Pine shoot beetles can be easily managed in Christmas tree farms and nurseries through good sanitation practices and pest management; culled trees and other potential brood material can be piled and burned, or chipped prior to beetle emergence in late spring. Susceptible trees can be treated with the application of routine cover sprays during shoot feeding to protect against feeding damage. The Department believes that the costs associated with good sanitation practices and pest management are no greater than the normal costs of doing business. The services of a licensed pesticide applicator are likely to be needed to comply with these rules; however most Christmas tree farms and nurseries either have a licensed pesticide applicator on site or employ a commercial firm for normal pest and disease control.
There are approximately 40 Christmas tree growers within the proposed quarantine area, all of which are primarily retail operations. None ship commercial lots outside the quarantine area. Therefore, the prohibition on shipment will have no affect on them.
Eastern white pine is an important, high value, ornamental tree grown in many New Jersey nurseries. There are approximately 276 plant dealers and 157 nurserymen conducting business within the quarantine area. Among these businesses, approximately 30 nurserymen within the proposed quarantine area ship pine nursery stock out of the proposed quarantine area. Inspections and limited permits are provided to qualified shippers by USDA APHIS at no charge during normal work hours, the Department would charge phytosanitary inspection fees of $20.00 or $50.00 for each shipment according to the schedule at N.J.A.C. 2:18. The costs of compliance are expected to be minimal.
Regulatory Flexibility Analysis
The proposed emergency adopted and concurrent proposed new rules may impose compliance requirements on small businesses, as that term is defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. Nurseries or garden centers within the quarantine area may not ship regulated articles outside the quarantine area without a certificate issued by the Department or a limited permit issued by USDA APHIS. There are 30 such businesses within the proposed quarantine area. The services of a licensed pesticide applicator are likely to be needed to comply with these rules; however most Christmas tree farms and nurseries either have a licensed pesticide applicator on site, or employ a commercial firm, for normal pest and disease control.
Should control measures have to be implemented, the burden of undertaking plant pest remedial measures may be imposed upon the individual business affected. This burden, of course, is in counterpoise to the overwhelming risks that the unabated spread of these plant pests would have upon New Jersey’s forests, Christmas tree farms, pine plantations and nurseries and to the lumber and forest products industries in the Southeastern United States. Thus, the Department has provided no lesser or differing requirements based upon business size. The Department has determined that the proposed new rules represent the minimum standards necessary to protect against the potential endangerment to the agricultural and natural resources of the State that might result from the spread of Pine shoot beetle.
Smart Growth Impact
The proposed emergency adopted and concurrent proposed new rules would have no impact the achievement of smart growth or on the implementation on the State Development and Redevelopment Plan.
Full text of the emergency adopted and concurrent proposed new rules follows:
SUBCHAPTER 9. PINE SHOOT BEETLE
2:20-9.1 Adoption of the Federal Pine Shoot Beetle Quarantine Standards
(a) The Department hereby adopts and incorporates by reference the following parts of the Federal Pine Shoot Beetle Quarantine, 7 CFR §301.50 et seq., effective Jan. 28, 1993, as amended and supplemented:
1. Section 301.50 – Restrictions on interstate movement of regulated articles;
2. Section 301.50-1 – Definitions;
3. Section 301.50-2 – Regulated articles;
4. Section 301.50-4 – Conditions governing the interstate movement of regulated articles from quarantined areas;
5. Section 301.50-5 – Issuance and cancellation of certificates and limited permits;
6. Section 301.50-6 – Compliance agreements and cancellation;
7. Section 301.50-7 – Assembly and inspection of regulated articles;
8. Section 301.50-8 – Attachment and disposition of certificates and limited permits;
9. Section 301.50-9 – Costs and charges; and
10. Section 301.50-10 – Treatments.
(b) A copy of the Federal Pine Shoot Beetle Quarantine is available by contacting the Director’s Office, Division of Marketing and Development, New Jersey Department of Agriculture, Health and Agriculture Building, John Fitch Plaza, P.O. Box 330, Trenton, New Jersey 08625.
2:20-9.2 Definitions
(a) As used in this subchapter, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise:
“APHIS” or “USDA-APHIS” means the United States Department of Agriculture Animal and Plant Health Inspection Service.
“Compliance Agreement” means a written agreement between APHIS or the Department and a person engaged in growing, handling, or moving regulated articles, in which the person agrees to comply with the provisions of this Subchapter and 7 CFR §301.50 et seq.
“Department” means the New Jersey Department of Agriculture.
“Infestation” means the presence of the pine shoot beetle in any life stage or the existence of circumstances that make it reasonable to believe that the pine shoot beetle is present.
“Move” means to ship, carry, transport, offer for shipment, receive for shipment, or allow to be transported by any means.
“Movement” means the act of shipping, carrying, transporting, offering for shipment, receiving for shipment, or allowing to be transported by any means.
“NJDA Certificate” means the document issued for a regulated article by an N.J. inspector to a person operating under a compliance agreement, which represents that such article is eligible for movement outside the quarantine area designated in N.J.A.C 2:20?9.6.
“N.J. Inspector” means any person officially designated by the Department, or an employee of APHIS, authorized to enforce the provisions of this subchapter.
“N.J. Secretary of Agriculture” means the official appointed as the Secretary of Agriculture for the New Jersey Department of Agriculture.
“N.J. quarantined area” means any area designated as quarantined in accordance with N.J.A.C. 2:20-9.5.
“N.J. regulated article” means any article listed in N.J.A.C. 2:20-9.5 and 7 CFR 301.50-2.
“Notification by the Department” means an official written order issued by the N.J. Secretary of Agriculture specifying conditions found, actions the recipient shall carry out, and a specified timeframe by which the order must be complied with.
“Nursery” means any premises, including greenhouses but excluding any orchard, at which plants are grown or maintained for propagation or replanting.
“Pine shoot beetle” means the insect known as pine shoot beetle (Tomicus piniperda) in any stage of development.
“Plant” means any part of a plant, tree, aquatic plant, plant product, shrub, vine fruit, rhizome, sod, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft or fruit.
“Plant product” means every agricultural, horticultural, viticultural, and vegetable product of the soil, hay, dried beans, and cut flowers; and raw pine materials for pine wreaths and garlands.
“Regulated fruit, regulated plant, regulated seed, regulated tree” means any fruit, plant, seed, or tree defined as a regulated article.
(b) The words, terms and phrases set forth in (a) above are to be used in addition to and in conjunction with the words, terms and phrases set forth in 7 CFR 301.50-1.
2:20?9.3 Pine shoot beetle declared a nuisance
The State Board of Agriculture declares the pine shoot beetle, a dangerously injurious insect not known to be native to New Jersey that damages coniferous trees especially pine (Scots, red, and eastern white pine), balsam fir, Norway spruce and larch, to be a nuisance.
2:20-9.4 Restrictions on movement of plant material
No person may move any N.J. regulated articles listed in N.J.A.C. 2:20-9.5 or 7 CFR §301.50-2 outside the N.J. quarantine area designated in N.J.A.C 2:20?9.6 unless in compliance with this subchapter or 7 CFR §§301.50 et seq.
2:20-9.5 N.J. regulated articles
(a) N.J. regulated articles are as follows:
1. Pine products (Pinus spp.), as follows:
i. Bark nuggets (including bark chips);
ii. Christmas trees;
iii. Logs with bark attached;
iv. Lumber with bark attached;
v. Nursery stock;
vi. Raw pine materials for pine wreaths and garlands;
vii. Stumps; and
viii. Any other regulated article listed in 7 CFR §301.50-2; and
2. Any other product, article, or means of conveyance, of any character whatsoever, not covered by
(a)1 above, when it is determined by an N.J. inspector that it presents a risk of spread of the pine shoot beetle and the person in possession thereof has written notice that the product, article, or means of conveyance is subject to the provisions of this subchapter.
2:20-9.6 N.J. quarantine area
(a) By order of the State Board of Agriculture and pursuant to N.J.S.A. 4:1?21.5 or 4:7-1, in order to control the spread of pine shoot beetle, the following counties are hereby quarantined: Bergen, Hunterdon, Passaic, Sussex and Warren.
(b) The N.J. Secretary of Agriculture may temporarily designate any non-quarantined area in New Jersey as an N.J. quarantined area, if the N.J. Secretary of Agriculture has reason to believe that Pine shoot beetle is present based on positive confirmation of pine shoot beetle by the Department, or by USDA-APHIS.
2:20-9.7 Conditions of movement, certification
(a) N.J. regulated articles may not be moved from the N.J. quarantined area unless accompanied by a NJDA certificate, limited permit or other written approval issued by the Department or by USDA APHIS, or as permitted in accordance with the requirements at N.J.A.C. (d) and (e) below or at 7 CFR §301.50-4.
(b) A person wishing to move N.J. regulated articles out of an N.J. quarantine area may request that the Department or APHIS conduct an inspection of their N.J. regulated articles. If the N.J. regulated articles are found to be free from infestation of the pine shoot beetle after the Department or APHIS inspection, the person shall be provided with a certificate issued by the Department or by APHIS.
(c) The Department reserves the right to charge an inspection fee, pursuant to N.J.A.C. 2:18, to recover costs associated issuing an inspection certificate.
(d) An N.J. regulated article subject to quarantine may be moved from a location outside the N.J. quarantine area, through the N.J. quarantine area, to a destination outside the N.J. quarantine area without a certificate or limited permit, if the following conditions are met:
1. During October, November or December, or when the ambient air temperature is below 50 degrees Fahrenheit, and passage through the quarantine area is made without stopping except for refueling or traffic conditions;
2. During January through September, or when the ambient air temperature is at or above 50 degrees Fahrenheit, and the article subject to quarantine is moved through the quarantine area in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic or other loosely woven cloth) adequate to prevent access by the pine shoot beetle; and
3. The county and state of origin of the regulated article are indicated on the waybill or shipping document.
(e) An N.J. regulated article subject to quarantine may be moved from a location within the N.J. quarantine area, through an area outside the N.J. quarantine area, to a destination in the N.J. quarantine area, without a certificate or limited permit if the following conditions are met:
1. During October, November or December, or when the ambient air temperature is below 50 degrees Fahrenheit, and passage through the quarantine area is made without stopping except for refueling or traffic conditions;
2. During January through September, or when the ambient air temperature is at or above 50 degrees Fahrenheit, and the article subject to quarantine is moved through the quarantine area in an enclosed vehicle or is completely enclosed by a covering (such as canvas, plastic or other loosely woven cloth) adequate to prevent the escape of the pine shoot beetle; and
3. The county and state of origin and the final destination of the article subject to quarantine are indicated on the waybill or shipping document.
___________________________
Charles M. Kuperus, Secretary of Agriculture
December 15, 2005
STATEMENT OF IMMINENT PERIL
To respond to an imminent peril of serious harm to forests, pine plantations, nurseries and Christmas tree farms in New Jersey by the pine shoot beetle, the New Jersey Department of Agriculture is adopting these rules on an emergency basis and concurrently proposing new rules to prevent the spread of the pine shoot beetle by designating the counties of Bergen, Hunterdon, Passaic, Sussex, and Warren as a quarantine area due to the discovery of the pine shoot beetle in these counties in October 2005.
The spread of the pine shoot beetle will negatively affect property owners and inhabitants in affected communities, along with municipal and county shade tree commissions, and nurserymen conducting business within New Jersey. Containment will reduce the damage and tree loss caused by the pine shoot beetle to susceptible trees, which can cause tree mortality. Forested residential areas are part of the working landscape in New Jersey, critical to the absorption of air pollutants, oxygen production, natural cooling, noise prevention, wildlife habitat and quality of life.
Damage to high value pines and Christmas trees by the pine shoot beetle causes a severe decline in the health of the trees, and in some cases, kills trees when high populations exists, thereby reducing property values, and resulting in property owners having to pay for the removal of dead tree hazards. In addition, this beetle can cause aesthetic damage to the trees during shoot feeding and can carry various species of blue stain fungi, which can greatly diminish the quality of the tree and its lumber. Such an effect could be economically devastating to Christmas tree farms and the landscape industry.
In addition to the trees that may be destroyed by these pests, the unhindered spread of the pine shoot beetle would limit or prevent the shipment of trees from New Jersey to other states where pine shoot beetle is not known to occur.
In addition, the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) maintains a federal quarantine pursuant to 7 CFR 301.50 et seq., to prevent long distance spread of the pine shoot beetle. States infested with the pine shoot beetle are required to enact parallel state quarantines of the affected area that are equivalent the federal quarantine requirements under 7 CFR §301.50; otherwise APHIS will quarantine the entire State of New Jersey. This rule is being proposed as an emergency adoption because APHIS has required that New Jersey’s parallel state quarantine be enacted no later than January 31, 2006 and because of the imminent peril caused by the spread of the pine shoot beetle. Due to the rulemaking calendar requirements, it would be impossible to enact this rule within the mandatory time period absent emergency adoption. The Department, therefore, promulgates amendments by emergency and concurrent adoption to protect the forests and forested residential areas in New Jersey from further spread of the pine shoot beetle and to avoid a Statewide quarantine.
For the reasons set forth above, I conclude and certify that emergency rulemaking is warranted under the imminent peril provisions of the New Jersey Administrative Procedure Act, N.J.S.A. 52:14B-4(c).
________________________
Charles M. Kuperus, Secretary
New Jersey Department of Agriculture
Dated: December 15, 2005
CERTIFICATION OF IMMINENT PERIL
Charles M. Kuperus, Secretary of the New Jersey Department of Agriculture, has proposed pursuant to N.J.A.C 1:30-6.6(a)1, an Emergency Rule with a Concurrent Adoption establishing a quarantine area in the counties of Bergen, Hunterdon, Passaic, Sussex, and Warren due to an infestation of the pine shoot beetle.
The text of this Emergency Rule Adoption and the attached Statement of Imminent Peril, which includes a statement of reasons describing the imminent peril, have been submitted for my review and concurrence.
I hereby concur with the findings of the Secretary of Agriculture that an emergency exists warranting the above described Emergency Rule Adoption at N.J.A.C. 2:20-9.
_________________________
Richard J. Codey
Acting Governor

