Bill Text: NJ S2990 | 2012-2013 | Regular Session | Amended
Bill Title: Establishes exclusive State regulatory authority over apiary activities and allows for delegation of monitoring and enforcement authority to municipalities.*
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-01-09 - Reported from Senate Committee with Amendments, 2nd Reading [S2990 Detail]
Download: New_Jersey-2012-S2990-Amended.html
SENATE, No. 2990
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED SEPTEMBER 30, 2013
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
SYNOPSIS
Establishes exclusive State regulatory authority over apiary activities and allows for delegation of monitoring and enforcement authority to municipalities.
CURRENT VERSION OF TEXT
As reported by the Senate Economic Growth Committee on January 9, 2014, with amendments.
An Act concerning 1[municipal] the1 regulation of apiary activities, and supplementing 1[Title] Titles1 4 and 1[Title]1 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. 1[Notwithstanding any other provision of law, or rule or regulation adopted pursuant thereto, to the contrary] Except as otherwise provided in subsection b. of this section1 , no municipality may:
(1) adopt an ordinance, resolution, rule, or regulation concerning the breeding or keeping of 1[honeybees] honey bees1 or any activities related thereto, including, but not limited to, the use of honey bees for pollination, the reproduction and sale of 1[honeybees] honey bees1, or the production 1[and sale]1 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 1[honeybees] honey bees1, the use of honey bees for pollination, or any activities related thereto, in the municipality.
b. The State 1[, exclusively,]1 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 1[other]1 applicable laws. 1However, 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).1
2. 1a.1 The Department of Agriculture shall regulate the breeding 1[or] and1 keeping of 1[honeybees] honey bees1 and any activities related thereto, including, but not limited to, the use of honey bees for pollination, the reproduction and sale of 1[honeybees] honey bees1, and the production of honey and 1other1 apiary products from such bees 1, 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.1 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 1[this act] 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 municipality1 .
3. This act shall take effect immediately.
