Bill Text: NJ A5531 | 2018-2019 | Regular Session | Amended

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Bill Title: Establishes "pollinator-friendly" label for plants.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2019-06-10 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A5531 Detail]

Download: New_Jersey-2018-A5531-Amended.html

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[First Reprint]

ASSEMBLY, No. 5531

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JUNE 6, 2019

 

 

Sponsored by:

Assemblywoman  LISA SWAIN

District 38 (Bergen and Passaic)

Assemblyman  ERIC HOUGHTALING

District 11 (Monmouth)

Assemblyman  P. CHRISTOPHER TULLY

District 38 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblymen Milam, Land, Space, Assemblywomen Lopez and Downey

 

 

 

 

SYNOPSIS

     Establishes "pollinator-friendly" label for plants.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Agriculture and Natural Resources Committee on June 10, 2019, with amendments.

 

An Act establishing a "pollinator-friendly" label for plants and amending P.L.1971, c.176.

 

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

 

      1.   Section 4 of P.L.1971, c.176 (C.13:1F-4) is amended to read as follows:

      4.   a.   The commissioner shall have the power to formulate and promulgate, amend and  repeal orders, rules , and regulations prohibiting, conditioning , and controlling the sale, purchase, transportation, labeling, use and application, or any thereof, of pesticides which cause or may tend to cause adverse effects on man  or the environment by any person within this State. State rules and regulations with respect to the labeling of any pesticide, the labeling of which is prescribed by Federal law and regulations, shall to the extent practicable conform to the Federal requirements. 

      b.   In addition to any other training and licensing requirements established by the commissioner pursuant to P.L.1971, c.176 (C.13:1F-1 et seq.), a person seeking certification and licensing as a pesticide applicator or a commercial pesticide operator shall be required to complete a continuing education or training course, approved by the department, concerning the impact of pesticides on pollinating bees.

      For the purposes of this subsection, "pollinating bee" means any bee that causes a plant to make fruits or seeds by transferring pollen from a plant anther to a plant stigma, resulting in fertilization.

      c.   (1)   The commissioner, in consultation with the Secretary of Agriculture, shall establish ¹[(1)] (a)¹ standards for designating native, non-invasive plants as friendly to animal pollinators, which shall include but need not be limited to standards prohibiting or restricting the application or treatment of plants to be sold with pesticides or other chemicals deemed harmful or potentially harmful to animal pollinators, and ¹[(2)] (b)¹ a "pollinator-friendly" label that a distributor or retail seller of plants may use to indicate that the plant to be sold is friendly to animal pollinators.

      (2)  No person may distribute or sell at retail a plant labeled as pollinator friendly or otherwise advertised or labeled as not harmful to animal pollinators except in compliance with this section.

      (3)  For the purposes of this subsection ¹[:

      "] , "¹ animal pollinator" means any bee, butterfly, moth, wasp, fly, beetle, ant, hummingbird, bat, or other animal that is known to pollinate plants.

(cf: P.L.2017, c.296, s.1)

      2.   This act shall take effect on the first day of the seventh month following the date of enactment, but the Commissioner of Environmental Protection may take ¹[such] any anticipatory administrative action¹ in advance thereof ¹as shall be necessary for the implementation of this act¹.