Sponsored by:
Assemblyman STERLEY S. STANLEY
District 18 (Middlesex)
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblywoman SADAF F. JAFFER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Co-Sponsored by:
Assemblywomen Reynolds-Jackson and Dunn
SYNOPSIS
Prohibits sale, distribution, or propagation of certain invasive plant species without permit from Department of Agriculture.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale, distribution, and propagation of certain invasive plant species and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
Department means the Department of Agriculture.
Invasive plant species means any living part of the following species or any cultivar, variety, or subspecies thereof, including the seeds or spores of such species: Norway maple (Acer platanoides); mimosa or silk tree (Albizia julibrissin); porcelain berry (Ampelopsis glandulosa var. brevipedunculata); Japanese angelica tree (Aralia elata); Japanese barberry (Berberis thunbergii); Japanese clematis (Clematis terniflora); autumn olive (Elaeagnus umbellata); weeping lovegrass (Eragrostis curvula); winged burning bush (Euonymus alatus); English ivy (Hedera helix); Japanese hop (Humulus japonicas); sericea lespedeza (Lespedeza cuneate); European privet (Ligustrum vulgare); Amur honeysuckle (Lonicera maackii); Morrows honeysuckle (Lonicera morrowii); purple loosestrife (Lythrum salicaria); Japanese crabapple (Malus toringo); Chinese silvergrass (Miscanthus sinensis); Eurasian water-milfoil (Myriophyllum spicatum); Oriental photinia (Photinia villosa); Callery or Bradford pear (Pyrus calleryana); common buckthorn (Rhamnus cathartica); jetbead (Rhodotypos scandens); multiflora rose (Rosa multiflora); European water chestnut (Trapa natans); Siebold's arrowwood (Viburnum sieboldii); Japanese wisteria (Wisteria floribunda); Chinese wisteria (Wisteria sinensis); and any other species designated by the department pursuant to section 4 of this act.
Permit means a permit issued by the department pursuant to section 3 of this act.
2. No person may sell, offer for sale, distribute, or propagate for sale or distribution, an invasive plant species in the State without a permit.
3. The department shall, pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to create a permitting program for the safe sale, distribution, and propagation of invasive plant species in the State. These rules and regulations shall include, but need not be limited to:
a. criteria for permits for limited propagation for sale of an invasive plant species, in ways that prevent or minimize the risk of escape and unintentional propagation in the wild;
b. criteria for permits for propagation or distribution of an invasive plant species for educational or research purposes;
c. general permits as may be necessary for the implementation of this act;
d. warning labels to be required at the point of sale of invasive plant species that describe appropriate cultivation practices to avoid escape of the invasive plant species;
e. procedures for the submission of an application for a permit;
f. a schedule of fees to pay for the costs of the permitting program; and
g. any other rules or regulations as may be necessary for the implementation of this act.
4. a. The department, in consultation with the Department of Environmental Protection, the New Jersey Agricultural Experiment Station at Rutgers, the State University, the Highlands Water Protection and Planning Council established pursuant to P.L.2004, c.120 (C.13:20-1 et seq.), the Pinelands Commission established pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.), and any other relevant State entity, shall, from time to time, adopt regulations pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), to designate additional plant species as invasive plant species for purposes of this act.
b. When determining whether to add a species to the list of invasive plant species, the department shall consider:
(1) the threat the species poses to native species in the State;
(2) the threat the species poses to any sensitive habitats or endangered or threatened species in the State;
(3) the threat the species poses to any historical, cultural, or infrastructure resources in the State; and
(4) the likelihood that the species will escape intended cultivation areas and propagate uncontrolled in the State.
c. In order to designate a plant species an invasive plant species pursuant to this section, the department shall make a finding that the plant species threatens ecological, cultural, historical, or infrastructure resources of the State, and may not designate a plant species an invasive plant species solely because that plant species is not native to New Jersey.
5. The department shall, in consultation with the Department of Environmental Protection, the New Jersey Agricultural Experiment Station at Rutgers, the State University, the Highlands Water Protection and Planning Council established pursuant to P.L.2004, c.120 (C.13:20-1 et seq.), the Pinelands Commission established pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.), and any other relevant State entity, develop education materials for distribution, in a manner the department deems most effective, which identify invasive plant species, cultivation practices to avoid the spread of invasive plant species, and safer alternative plant species for cultivation in the State, where applicable. These educational materials shall be distributed at the point of sale of invasive plant species, and any other locations deemed appropriate by the department.
6. a. Any person who violates this act, or any rule or regulation adopted pursuant thereto, shall be subject to a civil penalty of up to $100 for a first offense, up to $200 for a second offense, and up to $500 for a third or subsequent offense. Any civil penalty imposed pursuant to this subsection may be collected with costs in a summary proceeding pursuant to the Penalty Enforcement Law of 1999, P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction to enforce the provisions of the Penalty Enforcement Law of 1999 in connection with this act.
b. The department may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit or prevent a violation of this act, or any rule or regulation adopted pursuant thereto, and the court may proceed in the action in a summary manner.
c. The department shall conduct nursery inspections contemporaneously and in a manner and form similar to inspections conducted pursuant to R.S.4:7-21. The department shall not charge a separate inspection fee pursuant to this section