STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblywoman LISA SWAIN
District 38 (Bergen and Passaic)
Assemblyman P. CHRISTOPHER TULLY
District 38 (Bergen and Passaic)
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Co-Sponsored by:
Assemblyman Space and Assemblywoman Lopez
SYNOPSIS
Establishes pollinator-friendly label for plants.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
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 (a) 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 (b) 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, 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 any anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill would require the Commissioner of Environmental Protection, in consultation with the Secretary of Agriculture, to establish:
(1) standards for designating native, non-invasive plants as friendly to animal pollinators, which are required to 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
(2) 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.
The bill requires a person must be in compliance with the requirements of this bill in order to distribute or sell at retail a plant labeled as pollinator friendly or otherwise advertised or labeled as not harmful to animal pollinators.
As defined in this bill, an animal pollinator means any bee, butterfly, moth, wasp, fly, beetle, ant, hummingbird, bat, or other animal that is known to pollinate plants.