TRENTON, NJ – A proposed law before the New Jersey Legislature would prohibit the sale, importation, and propagation of certain invasive plant species while formally establishing the New Jersey Invasive Species Council to oversee prevention and management efforts statewide. The bill, modeled after a 2004 executive order by former Governor Jon Corzine, seeks to codify and expand state authority to regulate invasive plants that threaten New Jersey’s ecosystems, infrastructure, and agriculture.
Under the legislation, the Department of Agriculture (DOA) would be required to create a list of “regulated invasive species” within one year of enactment. These species could not be sold, distributed, or imported in the state without a valid DOA permit. The department would be required to update the list annually and develop a permitting system that allows limited handling of certain species under controlled conditions.
The bill provides an exemption for specific non-invasive cultivars of Chinese Silvergrass and directs the DOA to establish criteria to exempt other hybrid or sterile varieties proven not to pose an ecological threat. Species could only be classified as invasive if the DOA determines they endanger New Jersey’s natural resources, human health, or infrastructure — not merely because they are non-native.
The measure also directs the DOA, in consultation with the Invasive Species Council, to implement labeling requirements and public education programs. Nurseries and retailers would be required to provide printed or digital materials to help consumers identify regulated invasive species, understand safe cultivation practices, and learn about alternative plants suitable for local environments.
Violations would result in escalating civil penalties — a warning for the first offense, fines of up to $1,000 for a second, $2,000 for a third, and $5,000 for each subsequent offense — with an opportunity for violators to correct issues before higher fines are imposed. The DOA would also have the authority to seize and destroy prohibited plants and conduct inspections similar to existing nursery stock oversight.
The reestablished Invasive Species Council would include state agency representatives and public appointees. Its duties would include revising the state’s 2009 Strategic Management Plan for Invasive Species, reviewing species lists used in neighboring states, and recommending additions to New Jersey’s official regulated species list. The new legislation removes a previous requirement from Executive Order No. 97 that directed the council to carry out eradication and restoration pilot projects.