Permits to feed garbage to livestock animals (NJ)

Evan Anderson filed this request with the Department of Agriculture of New Jersey.

It is a clone of this request.

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Partially Completed

Communications

From: Evan Anderson

To Whom It May Concern:

Pursuant to Open Public Records Act ("OPRA"), I hereby request the following records:

A copy of all granted permits to feed garbage to swine or other livestock animals.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 7 business days, as the statute requires.

Sincerely,

Evan Anderson

From: Cannuli, Denise

Sent on behalf of Louis A. Bruni, NJ Department of Agriculture's Custodian of Records.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Evan Anderson

Hi there,

Thank you for getting back to me. According to the New Jersey Solid Waste Regulations, the New Jersey Department of Agriculture approves requests for feeding food waste to livestock. See page 1, section (a)1iii(3), here: http://www.nj.gov/dep/dshw/resource/26sch01.pdf. Is there no record kept of these approvals?

Sincerely,
Evan

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on July 14, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Evan Anderson

This is an appeal to the response to my request under the Open Public Records Act. The New Jersey Department of Agriculture claims that they do not maintain the records I am seeking. However, New Jersey state law requires that the Department of Agriculture approve requests to feed garbage to livestock animals (see page 1, section (a)1iii(3) here http://www.nj.gov/dep/dshw/resource/26sch01.pdf). In response to the rejection of my request, I sent an email seeking clarification on this point nearly two months ago and have received no response. I called the records department of the Department of Agriculture over a month ago and received no response. I called a week later and still have had no luck contacting them on this very simple matter. I spoke with the chief of staff who informed me that she would look for someone to answer my question several weeks ago, but have not received a call back. I again spoke with another staff member who claimed she would track down somebody for me to talk to yet nobody has called me back. It is absurd to have to go to these lengths in order to get an answer to such a simple question. Please refer this request back to the Department of Agriculture and remind them of their obligations under the OPRA.

Sincerely,
Evan

From: Government Records Council

Mr. Anderson,

Thank you for contacting the NJ Government Records Council ("GRC"). The information provided by the GRC is guidance and does not constitute legal advice or a final decision of the GRC regarding whether a particular record is exempt from disclosure or not since the provisions of the Open Public Records Act ("OPRA") are applied to the specific facts of the request and/or complaint. Specifically, the GRC adjudicates denial of access complaints filed against state and local government records custodians.

Generally, OPRA provides that "... government records shall be readily accessible for inspection, copying, or examination .... with certain exceptions ..." N.J.S.A. 47:1A-1. Additionally, OPRA defines a government record as a record "made, maintained or kept on file ... or that has been received in the course of ... official business ..." N.J.S.A. 47:1A-1.1. Also, OPRA requires a custodian to grant access, deny access, request an extension of the statutory response time, or seek clarification of the request as soon as possible but no later than seven (7) business days from receipt of the request. N.J.S.A. 47:1A-5(i). OPRA further requires that custodians prove and inform requestors of the lawful basis for any denial of government records. N.J.S.A. 47:1A-6.

Unfortunately, the GRC does not engage in pre-complaint intervention since it does not have enforcement authority unless the Council issues an official Order, which occurs only in response to a Denial of Access Complaint.

Thus, if you believe you are unlawfully denied access to government records, you may file an action in Superior Court and pay the court filing fee or file a denial of access complaint with our agency (the Government Records Council). Please note that filing in court may result in your complaint being resolved more quickly than filing with the GRC. Additionally, the court can assess your common law right of access whereas the GRC cannot. Should you choose to file a complaint in Superior Court, you must contact the Court Clerk for the county in which you plan to file. Should you choose to file a complaint with the GRC, you must download a Denial of Access Complaint form from our website (http://www.nj.gov/grc/register/), fill it out and send it to our agency.

All Denial of Access Complaints must be submitted to the following:

Government Records Council
101 South Broad Street
PO Box 819
Trenton NJ 08625-0819
or
(609) 633-6337 Fax
or
grc@dca.state.nj.us<mailto:grc@dca.state.nj.us>

Sincerely,

Frank F. Caruso
Government Records Council
Communications Specialist/Resource Manager
Tel: (609) 292-6830 | Fax: (609) 633-6337
http://www.state.nj.us/grc/
_____________________________________________________
This correspondence contains advisory, consultative and deliberative
material and is intended solely for the person(s) shown as recipient(s).

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