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Assembly, No. 3125 state of new jersey 216th legislature


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ASSEMBLY, No. 3125



STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED MAY 8, 2014





Sponsored by:

Assemblywoman MARLENE CARIDE

District 36 (Bergen and Passaic)

SYNOPSIS

Prohibits sale or planting of certain invasive plant species.


CURRENT VERSION OF TEXT

As introduced.





An Act prohibiting the sale or planting of invasive plant species, and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. No person shall 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.

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.

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 guilty of a disorderly persons offense.

b. 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.).

c. 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.

d. 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.

e. 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 the sale, planting, propagation or distribution of certain invasive plants in the State, except for scientific or educational purposes. 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 would constitute a disorderly persons offense, and 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. Finally, the bill authorizes the Department of Agriculture to seek injunctive relief to prohibit or prevent a violation of the bill.


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