On May 12, Governor Murphy conditionally vetoed S-3418, which authorizes certain types of permanent structures recently constructed or erected on preserved farmland to be used in certain cases for purposes of holding special occasion events. The bill provides two exceptions to the prohibition of a permanent structure on preserved farmland used for special occasion events.
S-3418 would permit wineries to host special occasion events in new buildings if the structure was primarily used to facilitate the testing, sale, consumption, or marketing of wine and wine-related products. It would also permit any farm to host a special occasion event in a new building if that farm earns no more than 10% of its total annual revenue from hosting such events.
In his conditional veto message, the Governor recognized the importance of upholding farmland preservation. The amendments added safeguards recommended by the State Agricultural Development Committee and New Jersey Department of Agriculture to “…ensure that preserved farmland continues to be used primarily for agriculture or horticulture.”
The changes include enhanced requirements to verify that a recently constructed building being used to host special occasions events was constructed for, and continues to have the primary purpose of, the production, packaging, processing, or marketing of the winery’s products. It also requires that applicants seek annual approval for special occasions events, and the new structure construction be approved and completed special occasions events can take place. In addition, the county agriculture development board or the State Agriculture Development Committee may order an audit of the farm to ensure that special occasion events account for only 10% of revenue; and establishes penalties for violations of the bill.
Contact: Lori Buckelew, Deputy Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.