Section 13:1F-4.3 - Rules and regulations, neonicotinoid pesticidesa. 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 regulations classifying neonicotinoid pesticides as restricted use pesticides.b. No later than 12 months after the effective date of P.L. 2021, c. 386(C.13:1F-4.2 et seq.), and every three years thereafter, the department shall review the latest scientific information concerning neonicotinoid pesticides, and classify as a restricted use pesticide any neonicotinoid pesticide 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:(1) any pet care, veterinary, personal care, or indoor pest control pesticide product;(2) an application for the commercial production of a preserved wood product;(3) the application by a licensed pesticide applicator of a neonicotinoid pesticide within one foot of a building foundation perimeter to manage structural pests provided that the neonicotinoid pesticide is not applied on any plant;(4) any direct action taken by certified and licensed responsible pesticide applicators or by persons working under their direct supervision within the New Jersey Department of Agriculture or its agents, or within the Department of Environmental Protection or its agents, against any invasive plant or pest; or(5) any application to protect agricultural seeds. Notwithstanding the provisions of paragraph (3) of this subsection to the contrary, the application by a licensed pesticide applicator of a neonicotinoid pesticide adjacent to a building foundation perimeter to manage structural pests may be extended by an additional four feet, if such additional area is necessary to treat the source of the infestation and the application is limited to a spot-targeted treatment of the source of the infestation only.
d. Nothing in this section shall be construed to impose liability on any news media that accept or publish advertising for any product or activity that would otherwise be subject to the provisions of this section.Added by L. 2021, c. 386, s. 2, eff. 1/18/2022.