New Jersey A 3166: Concerns baked goods sold at farm markets.

Bill Text

A3166 

ASSEMBLY, No. 3166 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman JAY WEBBER

District 26 (Morris and Passaic)

Co-Sponsored by:

Assemblymen DiMaio, Auth and Assemblywoman Fantasia

SYNOPSIS

���� Concerns baked goods sold at farm markets.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

��

An Act concerning baked goods sold at farm markets and 
amending R.S.51:1-17.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� R.S.51:1-17 is amended 
to read as follows:

���� 51:1-17.����� All articles of 
food, other than liquids, which are capable of being measured [by dry 
capacity measure and which heretofore have been] and are sold by dry 
capacity measure in this State shall, except as hereinafter provided, be 
offered for sale or sold upon the basis of avoirdupois net weight or by 
numerical count only, and it shall be unlawful for anyone to use or employ any 
dry capacity measure, basket, barrel or container of any kind as a means of 
determining the amounts or quantities of [any 
such] the 
articles of food offered for sale or sold.� The provisions of this section 
shall not be construed to apply to:

���� a.���� Fruits and vegetables 
offered for sale or sold in closed or covered standard containers; [or]

���� b.��� Articles of food offered 
for sale [by 
bona fide farmers in any farmers' public] 
at a farm market, [in 
open or uncovered standard containers,] 
which articles may be transferred to a bag or other suitable receptacle when [such] the 
transfer is agreeable to [,] and made in 
the presence of [,] the buyer, 
by (1) bona fide farmers in open or uncovered standard containers, or (2) 
producers of baked goods in covered or wrapped containers for health or 
sanitation purposes; [or]

���� c.���� Vegetables which by 
common custom are offered for sale or sold by the bunch; or

���� d.��� Fresh berries and other 
small fruits, which are customarily offered for sale and sold by the box, 
basket or other receptacle, except, however, when [such] the fresh berries and 
other small fruits are offered for sale or sold in bulk, in which case the 
provisions of this section shall apply to the extent that [such] the 
fresh berries and other small fruits shall be offered for sale and sold by 
avoirdupois net weight only, but all fresh berries and [such] other small 
fruits [, 
when offered for sale or sold] 
shall be [so] offered for 
sale or sold in boxes, baskets or receptacles of uniform size to hold one quart 
or one pint dry measure only, uniformly and evenly filled throughout.

���� As used in this section:

���� �Bona fide farmers� means 
agriculturists or growers of fruits and vegetables who actually produce the 
commodities they sell and who are registered with the Department of Agriculture 
or a county agent or board of agriculture.

���� �Dry capacity measure� means 
only bushel, half-bushel, peck, half-peck, quarter-peck, quart, pint, 
half-pint, and similar measures.

���� �Producer� includes a baker 
of freshly baked or made products, including, but not limited to, cakes, 
cookies, desserts, muffins, pastries, pies, treats, or other baked goods, 
excluding bread.

���� �Standard container� means 
only barrels, boxes, baskets, hampers or similar containers, the dimensions or 
capacity of which is established by law of this State or by Act of Congress, 
and upon which is plainly and conspicuously marked the net quantity of contents 
thereof in terms of weight, measure or numerical count.

���� [�Bona fide farmers� means 
agriculturists or growers of fruits and vegetables who actually produce the 
commodities they sell and who are registered as such either with the State 
Department of Agriculture or with any county agent or board of agriculture.]

���� Any person violating any of 
the provisions of this section shall, for the first offense, be liable to a 
penalty of not less than [$50.00 
nor] $50 
or more than [$100.00] $100, 
for a second offense to a penalty of not less than [$100.00 nor] $100 or 
more than [$250.00] $250, 
and for each subsequent offense to a penalty of not less than [$250.00 nor] $250 or 
more than [$500.00] $500.

(cf: P.L.1977, c.201, s.1)

���� 2.��� This act shall take 
effect immediately.

STATEMENT

����� This bill allows producers to sell freshly-baked 
products at farm markets that are offered in wrapped or covered containers, for 
sanitation purposes, without being weighed.� 

���� Under current law, all articles of food that are 
capable of being measured and sold by dry capacity measure are required to be 
sold based on the avoirdupois net weight or numerical count only.� However, an 
exception is made for articles of food offered for sale by bona fide farmers at 
a farm market, but only if the food is in open or uncovered standard 
containers.� This bill clarifies that the law does not apply