Sponsored by:
Assemblyman JAMES J. KENNEDY
District 22 (Middlesex, Somerset and Union)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
SYNOPSIS
Prohibits use of chlorpyrifos insecticide.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting the use of chlorpyrifos 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. (1) 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.
(2) Notwithstanding the provisions of paragraph (1) of this subsection, or any rules or regulations promulgated pursuant thereto, to the contrary, the sale, purchase, use, and application of chlorpyrifos shall be prohibited.
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.
(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.
STATEMENT
This bill would prohibit the sale, purchase, use, and application of the insecticide chlorpyrifos. This prohibition would take effect on the first day of the seventh month after the bill is enacted into law.
Exposure to chlorpyrifos has been linked to many negative health effects in humans, including neurological defects, developmental disorders, and autoimmune disorders. Exposure also poses special risk to pregnant women, even in small doses, as the chemical may retard the mental development of a fetus.
In New Jersey, chlorpyrifos is currently regulated as a “restricted use” insecticide, which means that it “can be purchased and/or used only by certified and licensed responsible pesticide applicators or used only by persons working under their direct supervision.” N.J.A.C.7:30-2.10. Despite these restrictions and the negative implications for public health that are associated with chlorpyrifos
exposure, the chemical is still widely used. This bill would promote the health and safety of the people of the State by protecting them from this harmful chemical.