Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:1F-13. Ordinances, rules or regulations of municipality, county or board of health; effect of act No ordinances of any governing body of a municipality or county or board of health more stringent than this act or any rules or regulations promulgated pursuant thereto shall be s…

13:1F-14. Construction of act; severability This act shall be liberally construed to effectuate the purpose and intent thereof. If any clause, sentence, paragraph, or part of this act shall for any reason be judged invalid by any court of competent jurisdiction, such judgment sha…

13:1F-15. Pesticide held, used, distributed, sold or offered for sale or delivered for transportation or transported in intrastate commerce; annual registration; renewal; denial, refusal to register or cancellation; grounds a. Every pesticide which is held, used, distributed, sol…

13:1F-16. Violations; securement or impoundment; hearing; disposition a. Any pesticide that is distributed, sold, or offered for sale within this State or delivered for transportation or transported in intrastate commerce or between points within this State through any point outs…

13:1F-17. Registration fee exemption Notwithstanding the provisions of the "Pesticide Control Act of 1971," P.L. 1971, c. 176 (C. 13:1F-1 et seq.) or any rule or regulation promulgated thereunder to the contrary, no registration fee shall be charged any certified private applicat…

13:1F-18. Definition For the purposes of this act "land actively devoted to agricultural or horticultural use" means land, not less than three acres in area, which is devoted to: a. In the case of agricultural use, the production for sale of plants and animals useful to man, incl…

13:1F-19. Short title 1. This act shall be known and may be cited as the "School Integrated Pest Management Act." L.2002,c.117,s.1.

13:1F-1a Inapplicability of pesticide control act to certain insect inspections. 34. Notwithstanding the provisions of the "Pesticide Control Act of 1971," P.L.1971, c.176 (C.13:1F-1 et seq.) or any rule or regulation promulgated thereunder to the contrary, the requirements for p…

13:1F-2. Legislative findings New Jersey, as the most urban State in the Nation, must be especially alert to any possibilities of disturbing natural ecological balance. It is essential to coordinate the activities of State agencies involved in the use of pesticides and, in additi…

13:1F-20. Findings, declarations relative to the "School Integrated Pest Management Act." 2. The Legislature finds and declares that in 1992, the National Parent Teacher Association passed a resolution calling for the reduced use of pesticides in schools and calling on policy mak…

13:1F-21. Definitions relative to the "School Integrated Pest Management Act" 3. As used in this act: "Charter school" means a school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.). "Commissioner" means the Commissioner of Environmental Protection. "Department" mea…

13:1F-22. Development of model school integrated pest management policy 4. a. No later than 12 months after the effective date of this act, the commissioner, in consultation with the Commissioner of Education, the New Jersey School Boards Association, and the New Jersey Cooperati…

13:1F-23. Designation of integrated pest management coordinator 5. a. Each local school board of a school district, each board of trustees of a charter school, and each principal or chief administrator of a private school, as appropriate, shall designate an integrated pest manage…

13:1F-24. Maintenance of records of pesticide application; notices of policy 6. a. The local school board of a school district, the board of trustees of a charter school, or the principal or chief administrator of a private school, as appropriate, shall request from the pesticide…

13:1F-25. Permitted use of certain pesticides; notice 7. a. If a local school board, board of trustees of a charter school or principal or chief administrator of a private school, as appropriate, determines that a pesticide, other than a low impact pesticide, must be used on scho…

13:1F-26. Posting of sign prior to use of certain pesticides 8. a. At least 72 hours before a pesticide, other than a low impact pesticide, is used on school property, the local school board, the board of trustees of a charter school, or the principal or chief administrator of a …

13:1F-27. Applicability of notice and posting requirements 9. The provisions of sections 7 and 8 of this act shall apply if any person applies a pesticide, other than a low impact pesticide, on school property, including a custodian, staff member, or commercial applicator. These …

13:1F-28. Emergency use of certain pesticides 10. a. A pesticide, other than a low impact pesticide, may be applied on school property in response to an emergency, without complying with the provisions of sections 7 and 8 of this act, provided the requirements of subsection b. of…

13:1F-29. Prohibited use of certain pesticides 11. a. A pesticide, other than a low impact pesticide, shall not be applied on school property where students are expected to be present for academic instruction or for organized extra-curricular activities prior to the time prescrib…

13:1F-3. Definitions For purposes of this act, unless the context clearly requires a different meaning: a. "Person" means and shall include corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, and shall also inclu…

13:1F-30. Immunity from liability of commercial pesticide applicator 12. A commercial pesticide applicator shall not be liable to any person for damages resulting from the application of a pesticide at a school if the damages are solely due to the failure of the local school boar…

13:1F-31. Development, availability of form for certifying compliance 13. The department shall develop and make available to commercial pesticide applicators a form which a commercial pesticide applicator may request an integrated pest management coordinator to sign prior to the …

13:1F-32. Issuance of administrative order; notice of violation 14. a. The Department of Environmental Protection may issue an administrative order against a local school board, the board of trustees of a charter school, or a principal or chief administrator of a private school t…

13:1F-33. Rules, regulations 15. The commissioner shall adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules or regulations as are necessary to implement the provisions of this act. L.2002,c.117,s.15.

13:1F-4 Powers of commissioner relative to use of pesticides under certain circumstances. 4. a. The commissioner shall have the power to formulate and promulgate, amend and repeal orders, rules and regulations prohibiting, conditioning and controlling the sale, purchase, transpor…

13:1F-4.1 Rules, regulations relative to application of pesticide products near beehives and beeyards; registration. 1. a. Within 180 days after the effective date of P.L.2017, c.295 (C.13:1F-4.1), the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.19…

13:1F-4.2 Definitions. 1. As used in sections 1 through 3 of P.L.2021, c.386 (C.13:1F-4.2 et seq.): "Agricultural plant" means any plant, or part thereof, grown, maintained, or otherwise produced for commercial purposes, including any plant grown, maintained, or otherwise produce…

13:1F-4.3 Rules and regulations, neonicotinoid pesticides. 2. a. No later than 12 months after the effective date of P.L.2021, c.386 (C.13:1F-4.2 et seq.), the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and …

13:1F-4.4 Restrictions on neonicotinoid pesticide use. 3. a. Beginning October 31, 2023, no person shall sell, offer for sale, or use within the State any neonicotinoid pesticide, unless such pesticide is registered and will only be applied by a licensed pesticide applicator to a…

13:1F-5. Adoption, amendment or repeal of rule or regulation; notice to interested party of determination No rule or regulation, and no amendment or repeal thereof, shall be adopted except after 30 days prior notice thereof by public advertisement of the date, time and place of s…

13:1F-6. Pesticide control council; creation; members; term of office; compensation a. There is hereby created in the department a Pesticide Control Council which shall consist of nine members, three of whom shall be the Secretary of Agriculture, the Commissioner of Health, the D…

13:1F-7. Powers and duties The Pesticide Control Council shall be the advisory body in the Department of Environmental Protection in matters relating to the control, regulation and use of pesticides and is empowered to: a. Request from the commissioner such information concerning…

13:1F-8. Advice to commissioner on proposed regulations The commissioner shall consult with the council to afford them an opportunity to furnish advice concerning any proposed regulation at least 30 days prior to the public advertisement thereof. L.1971, c. 176, s. 8, eff. June 1…

13:1F-9. Additional powers The department shall have power, in addition to those granted by any other law, to a. Conduct and supervise research programs for the purpose of determining the effects and hazards of the use and application of pesticides on man and his environment; and…