ASSEMBLY, No. 3208

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED FEBRUARY 25, 2020

 


 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Permits community gardens to sell excess produce.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act allowing community gardens to sell excess produce and supplementing Title 4 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

      1.   a.  As used in this section, "community garden" means public or private land upon which individuals have the opportunity to garden on pieces of land that they do not individually own.

      b.   Consistent with all other applicable laws, an individual may sell excess produce that has been grown in a community garden, provided that:

     (1)   the soil in the community garden has been tested for contaminants and is safe for growing food for human consumption;

     (2)   water sources used for the community garden have been tested for contaminants and are safe for growing food for human consumption;

     (3)   the produce has been handled, stored, transported, and prepared safely and in accordance with applicable federal, State, and local health and sanitation requirements; and

     (4)   such other criteria as determined by the Secretary of Agriculture are met.

      c.    An individual shall be immune from any civil liability arising from good faith actions in the selling of excess produce from a community garden in accordance with the requirements of this act.

      d.   The Secretary of Agriculture, in consultation with the Commissioner of Health, 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 effectuate the provisions of this act.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would allow individuals utilizing a community garden to sell excess fresh produce that has been grown in a community garden, provided that:  the soil and water used in the garden have been tested and are safe for growing food for human consumption; water sources used for the community garden have been tested for contaminants and are safe for growing food for human consumption; the produce has been handled, stored, transported, and prepared safely and in accordance with applicable federal, State, and local health and sanitation requirements; and such other criteria as determined by the Secretary of Agriculture are met.

     The bill defines “community garden” as public or private land upon which individuals have the opportunity to garden on pieces of land that they do not individually own.  The presence of community gardens, which provide an opportunity for local residents to grow fresh fruits and vegetables, is increasing in the State.