§ 21-12. NOTIFICATION; APIARISTS.

21-12.1 Products Toxic to Bees. No person shall make an outdoor application of a pesticide product which has information on its label or labeling noting that the product is toxic to bees unless such person first notifies, at least thirty-six (36) hours prior to the application, each apiarist who:

a.

Desires notification;

b.

Maintains an apiary which is located within one-half (½) mile of the target site; and

c.

Has been registered with either the New Jersey Department of Environmental Protection or the New Jersey Beekeepers Association by April 1 of the calendar year in which the applications subject to the notification requirements of this section will occur.

(Ord. #1460, § 12(a))

21-12.2 Procedure for Notification. Notification pursuant to subsection 21-12.1 above may be given to the apiarist directly or, in the case of any apiarist registered with the New Jersey Beekeepers Association, through the local designated agent of that association, provided that the agent has agreed to make the required notification and has himself been given notification at least seventy-two (72) hours prior to the intended application

(Ord. #1460, S 12(b))

21-12.3 Notification Information Required. The notification must include the following information:

a.

The intended date of the application;

b.

The approximate time of the application;

c.

The brand name and active ingredient of the pesticide to be applied;

d.

The location of the land on which the application is to be made; and

e.

The name and certified pesticide applicator registration number of the responsible pesticide applicator.

(Ord. #1460, § 12(c))

21-12.4 Change in Application Date. If the application date is changed so that the application will not occur on the intended date specified in the original notification of application but will be conducted during the next consecutive day, notification must be given to the individual apiarist as soon as reasonably possible but not later than 10:00 p.m. the night prior to the new application date.

(Ord. #1460, § 12(d))

21-12.5 When Apiary Operator Chooses Not to Protect Apiary. If the owner or operator of an apiary does not choose to move, cover, or otherwise protect the apiary, the application may be made without delay provided that such application complies with the pesticide labeling and any provisions of the Act or any rules and regulations promulgated thereunder.

(Ord. #1420, § 12(e))

21-12.6 Exception for Less than Three (3) Acres. The provisions of this section shall not apply to any person using a pesticide on an aggregate area less than three (3) acres; provided that the application is not made with hydraulic spraying equipment operating at a rate greater than three hundred (300) psi and ten (10) gpm, airblast sprayers, or aerial equipment.

(Ord. #1460, § 12(f))

21-12.7 Responsibility When Apiarist Cannot Be Notified. Any person required to notify apiarists pursuant to the provisions of this section shall not be responsible for notifying any apiarist who cannot be notified because:

a.

The New Jersey Department of Environmental Protection and the New Jersey Beekeepers Association have failed to provide information deemed necessary by the Department for such notification; or

b.

The New Jersey Beekeepers Association has failed to or been unable to notify any apiarist after agreeing to do so.

(Ord. #1460, § 12(g))

21-12.8 Exceptions. The provisions of this section shall not apply to any pesticide application which is made for agricultural purposes, except to the crops within the dates and/or stages as stated below:

a. Apples	April 15 to May 15
b. Pears	April 15 to May 15
c. Strawberries	April 15 to May 15
d. Blueberries	April 15 to May 15
e. Cranberries	June 15 to August 15
f. Holly	June 1 to June 30
g. Vine Crops (Cucurbits)	June 1 to August 31
h. Sweet Corn	Flowering Stage

 

(Ord. #1460, S 12(h))