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The New Jersey Department of Agriculture is working with the New Jersey Department of Environmental Protection to alert farmers throughout the state that the NJDEP is exercising its authority and discretion under the Air Pollution Control Code, N.J.A.C. 7:27, et seq., and other applicable authorities to permit procedures for open burning or the use of smudge pots to assist farmers to protect their crops from forecast low temperatures. The NJDEP has issued a letter with those procedures pertaining to New Jersey fruits, vegetables and floriculture from Tuesday, May 12 through Friday, May 15. 

Click here to read the full letter and procedures

The New Jersey Department of Environmental Protection and New Jersey Forest Fire Service caution all farmers and agriculture businesses with respect to the use of open burning in high wind velocity conditions. Farmers are encouraged to utilize smudge pots if warming is necessary during higher wind conditions. Use of open burning when wind velocity is greater than 5 mph is strictly prohibited, may contribute to wildfire risk, and can carry significant penalties.

Growers with questions regarding these procedures should contact Richelle Wormley, the Director of the Division of Air Enforcement at