STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Assemblyman PARKER SPACE
District 24 (Morris, Sussex and Warren)
Assemblyman BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
Assemblywoman MARLENE CARIDE
District 36 (Bergen and Passaic)
Co-Sponsored by:
Assemblywomen McHose and Schepisi
SYNOPSIS
Establishes exclusive State regulatory authority over apiary activities and allows for delegation of monitoring and enforcement authority to municipalities.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the regulation of apiary activities, and supplementing Titles 4 and 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Except as otherwise provided in subsection b. of this section, no municipality may:
(1) adopt an ordinance, resolution, rule, or regulation concerning the breeding or keeping of honey bees or any activities related thereto, including, but not limited to, the use of honey bees for pollination, the reproduction and sale of honey bees, or the production of honey or other apiary products from such bees; or
(2) establish any restriction or requirement that would result in the prohibition of the breeding or keeping of honey bees, the use of honey bees for pollination, or any activities related thereto, in the municipality.
b. The State shall regulate apiary activities in the State pursuant to R.S.4:6-1 through R.S.4:6-18, sections 8 and 9 of P.L.1977, c.159 (C.4:6-19 and C.4:6-20), P.L.2007, c.271 (C.4:6-21 et seq.), section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any applicable laws. However, it may delegate to a municipality the regulatory authority to monitor and enforce the apiary standards established pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), if the municipality adopts by reference those standards by ordinance. Upon adoption of such an ordinance, the municipality may assume responsibility to monitor apiary activities in the municipality and enforce compliance with the standards adopted pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
2. a. The Department of Agriculture shall regulate the breeding and keeping of honey bees and any activities related thereto, including, but not limited to, the use of honey bees for pollination, the reproduction and sale of honey bees, and the production of honey and other apiary products from such bees, and may delegate its monitoring and enforcement authority to a municipality pursuant to subsection b. of section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the Department of Agriculture shall adopt any rules and regulations necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill), including but not limited to:
(1) apiary standards for the breeding and keeping of honey bees, the use of honey bees for pollination, the reproduction and sale of honey bees, and the production of honey and other apiary products from such bees; and
(2) standards of administrative procedure for a municipality to monitor and enforce the rules and regulations adopted pursuant to this subsection. The standards shall include provisions for the preparation and submittal to the department by the municipality of periodic reports on the results of monitoring and enforcement activities undertaken by the municipality.
3. This act shall take effect immediately.
STATEMENT
The bill prohibits any municipality from regulating the breeding or keeping of honey bees and any related activities, including the use of honey bees for pollination, reproduction and sale of honey bees, or the production of honey and other apiary products from honey bees. The bill directs the Department of Agriculture to regulate apiary activities in the State and adopt any rules and regulations necessary to do so, including adoption of apiary standards and municipal monitoring and enforcement standards. Finally, the bill authorizes a municipality to assume responsibility for monitoring and enforcing the apiary standards within its borders upon adoption of an ordinance incorporating the standards by reference.