Rutgers Law

New Jersey Statutes, Title: 13, CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

    Chapter 1f:

      Section: 13:1f-4.4: Restrictions on neonicotinoid pesticide use.

          3. a. Beginning October 31, 2023, no person shall sell, offer for sale, or use within the State any neonicotinoid pesticide, unless such pesticide is registered and will only be applied by a licensed pesticide applicator to an agricultural plant.

b. Notwithstanding the provisions of subsection a. of this section to the contrary, the commissioner, in consultation with the New Jersey Department of Agriculture, may, by written order, authorize one or more licensed pesticide applicators to use a pesticide that is prohibited under subsection a. of this section if the commissioner finds that:

(1) a valid environmental emergency exists;

(2) the pesticide would be effective in addressing the environmental emergency; and

(3) no other, less harmful pesticide or pest management practice would be effective in addressing the environmental emergency.

c. Any order issued by the commissioner pursuant to subsection b. of this section shall include the basis for the commissioner's determination and specify the approved time period, geographic scope, and purpose of the permitted sale or use of a pesticide. An order issued pursuant to this section shall be valid for a period not to exceed one year.

d. The provisions of this section shall not apply to:

(1) any pet care, veterinary, personal care, or indoor pest control pesticide product;

(2) an application for the commercial production of a preserved wood product;

(3) the application by a licensed pesticide applicator of a neonicotinoid pesticide within one foot of a building foundation perimeter to manage structural pests provided that the neonicotinoid pesticide is not applied on any plant;

(4) any direct action taken by certified and licensed responsible pesticide applicators or by persons working under their direct supervision within the New Jersey Department of Agriculture or its agents, or within the Department of Environmental Protection or its agents, against any invasive plant or pest; or

(5) any application to protect agricultural seeds.

Notwithstanding the provisions of paragraph (3) of this subsection to the contrary, the application by a licensed pesticide applicator of a neonicotinoid pesticide adjacent to a building foundation perimeter to manage structural pests may be extended by an additional four feet, if such additional area is necessary to treat the source of the infestation and the application is limited to a spot-targeted treatment of the source of the infestation only.

e. Nothing in this section shall be construed to impose liability on any news media that accept or publish advertising for any product or activity that would otherwise be subject to the provisions of this section.

L.2021, c.386, s.3.

This section added to the Rutgers Database: 2022-03-28 09:35:06.

Older versions of 13:1f-4.4 (if available):

Court decisions that cite this statute: CLICK HERE.