Bill Text: NJ S3404 | 2016-2017 | Regular Session | Introduced
Bill Title: Prohibits knowingly selling or planting certain invasive plant species.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-07-04 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S3404 Detail]
Download: New_Jersey-2016-S3404-Introduced.html
Sponsored by:
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Prohibits knowingly selling or planting certain invasive plant species.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale or planting of invasive plant species, and supplementing Title 4 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No person shall knowingly sell, offer for sale, plant, propagate, or otherwise distribute in the State any invasive plant, except for scientific or educational purposes under the authority of a permit issued therefor by the Department of Agriculture. The department may attach any conditions to the issuance of a permit for those authorized purposes that the department deems necessary or appropriate to protect the environment and the public health, safety, and welfare. The sale, offer for sale, planting, propagation, or distribution of an invasive plant that is inadvertently included in a container together with another plant shall not constitute a violation of this subsection.
b. The Department of Agriculture shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to implement this act. The department shall not have the authority to add any plant to the list of plants in the definition of "invasive plant" in subsection c. of this section.
c. For the purposes of this act, "invasive plant" means Canadian Thistle (Cirsium arvense), Eurasian Watermilfoil (Myriophyllum spicatum), Garlic Mustard (Alliaria petiolata), Japanese Honeysuckle (Lonicera japonica), Japanese Knotweed (Polygonum caspidatum), Japanese Stiltgrass (Microstegium vimineum), Mile-a-minute (Polygonum perfoliatum), Purple Loosestrife (Lythrum salicaria), and Water Chestnut (Trapa natans), and shall include the plant, and any cutting, flower, seed, root, other plant part, or cultivar therefrom.
2. a. Any person who violates this act, or any rule or regulation adopted pursuant thereto, shall be subject to a civil penalty of up to $100 for a first offense, up to $200 for a second offense, and up to $500 for a third or subsequent offense. Any civil penalty imposed pursuant to this subsection may be collected with costs in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
b. The Department of Agriculture may institute a civil action in a court of competent jurisdiction for injunctive relief to prohibit or prevent a violation of this act, or any rule or regulation adopted pursuant thereto, and the court may proceed in the action in a summary manner.
c. The Department of Agriculture may seize and destroy any invasive plant that forms a basis of a violation of this act or any rule or regulation adopted pursuant thereto.
d. The Department of Agriculture may compromise and settle any claim for a penalty under this act in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.
3. This act shall take effect on the 365th day after the date of enactment.
STATEMENT
This bill would prohibit knowingly selling, planting, propagating or distributing of certain invasive plants in the State, except for scientific or educational purposes. However, the sale, offer for sale, planting, propagation, or distribution of an invasive plant that is inadvertently included in a container together with another plant would not constitute a violation under the bill. The invasive plants covered by the bill are Canadian Thistle (Cirsium arvense), Eurasian Watermilfoil (Myriophyllum spicatum), Garlic Mustard (Alliaria petiolata), Japanese Honeysuckle (Lonicera japonica), Japanese Knotweed (Polygonum caspidatum), Japanese Stiltgrass (Microstegium vimineum), Mile-a-minute (Polygonum perfoliatum), Purple Loosestrife (Lythrum salicaria), and Water Chestnut (Trapa natans), and include the plant, and any cutting, flower, seed, root, other plant part, or cultivar therefrom.
The bill provides that a violation of the prohibition could subject the violator to a civil penalty of up to $100 for a first offense, up to $200 for a second offense, and up to $500 for a third or subsequent offense. The bill authorizes the Department of Agriculture to seek injunctive relief to prohibit or prevent a violation of the bill. However, the bill prohibits the Department of Agriculture from adding any plant to the list of plants in the definition of "invasive plant" in the bill.
