Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex)
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
SYNOPSIS
Requires use of uniform silver flags to mark certain pesticide applications.
CURRENT VERSION OF TEXT
As reported by the Assembly Environment and Solid Waste Committee on December 15, 2011, with amendments.
An Act requiring the use of uniform silver flags to mark certain pesticide applications and supplementing P.L.1971, c.176 (C.13:1F-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Every commercial pesticide applicator shall use flags to mark pesticide applications. The flags used shall be silver in color and be of a uniform type and size 1, and shall provide information in English and Spanish1 . Each flag shall 1[contain information indicating the date and time of the pesticide application and shall]1 stay in place for a minimum of 72 hours after the pesticide application.
b. No person shall use a silver flag in a manner that is reasonably likely to be confused with a pesticide application, including but not limited to, markings for invisible dog fences, underground utility lines, septic tanks, and underground piping.
c. The Commissioner of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate this act.
2. This act shall take effect 1[on the 180th day] one year1 after the date of enactment, but the Commissioner of Environmental Protection may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.