S1016 SCS

Sponsored by:

Senator BOB SMITH

District 17 (Middlesex and Somerset)

Senator CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Co-Sponsored by:

Senator Turner

SYNOPSIS

Restricts use of neonicotinoid pesticides; directs DEP to study, and authorizes DEP to restrict, systemic insecticides.

CURRENT VERSION OF TEXT

Substitute as adopted by the Senate Environment and Energy Committee.

An Act concerning the use of neonicotinoid pesticides and other systemic insecticides and supplementing P.L.1971, c.176 (C.13:1F-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in sections 1 through 3 of P.L. , c. (C. )(pending before the Legislature as this bill):

“Agricultural plant” means any plant grown or maintained for commercial or research purposes including, but not limited to, food, feed, fiber plants, trees, turf grass, flowers, shrubs, ornamentals, and seedlings.

“Environmental emergency” means an occurrence of any pest which presents a significant risk of harm or injury to the environment, including, but not limited to, any exotic or foreign pest which may need preventative quarantine measures to avert or prevent that risk, as determined by the department in consultation with Rutgers, the State University, the Department of Health, and the United States Environmental Protection Agency.

“Neonicotinoid pesticide” means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, but not limited to, acetamiprid, clothianidin, dinotefuran, imidacloprid, nitenpyram, nithiazine, thiacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.

“Restricted use pesticide” means a pesticide that can be purchased and used only by a certified and licensed pesticide applicator, as determined by the department pursuant to the “Pesticide Control Act of 1971,” P.L.1971, c. 176 (C. 13:1F-1 et seq.), or persons working under the direct supervision of a certified and licensed pesticide applicator.

“Systemic insecticide” means any active ingredient intended to kill or otherwise harm insect or invertebrate wildlife and that translocates into the tissue of plants, including, but not limited to, any neonicotinoid pesticide.

2. a. No later than 180 days after the effective date of this act, the department shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations classifying neonicotinoid pesticides as restricted use pesticides.

b. No later than 180 days after the effective date of P.L. , c. (C. )(pending before the Legislature as this bill), and every three years thereafter, the department shall review the latest scientific information concerning systemic insecticides, and classify as a restricted use pesticide any systemic insecticide that the department determines will cause harm to populations of pollinating bees, birds, other pollinating wildlife, or aquatic invertebrates. Any person may petition the department at any time to classify a pesticide pursuant to this section.

c. The provisions of this section shall not apply to any pet care, veterinary, personal care, or indoor pest control pesticide product.

3. a. No person shall sell, offer for sale, or use within the State any neonicotinoid pesticide, unless such pesticide is registered for use on, 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 Department of Agriculture, may, by written order, permit a licensed pesticide applicator 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 any pet care, veterinary, personal care, or indoor pest control pesticide product.

4. This act shall take effect immediately.