STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblywoman HEATHER SIMMONS
District 3 (Cumberland, Gloucester and Salem)
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
SYNOPSIS
Authorizes foraging fruits, fungi, nuts, plants, and parts thereof in State parks and forests for personal use of the forager.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning foraging of fruits, fungi, nuts, plants, and parts thereof in State parks and forests, and supplementing Title 13 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, “personal use” means for consumption by the person, the person’s family, or the person’s friends, and shall not include any selling, bartering, or offering for sale or barter the foraged fruit, fungi, nuts, plants, or parts thereof.
b. Notwithstanding any law, or rule or regulation adopted pursuant thereto, to the contrary, and subject to the limitations imposed pursuant to subsection c. of this section, a person may forage for their personal use, fruits, fungi, nuts, plants, or parts thereof, in State parks and forests, provided that the person does not negligently forage any plant or part thereof, fruit or nut from a plant, or fungi that is identified by the Department of Environmental Protection as a threatened, endangered, rare, or vulnerable species of plant or fungi, or a plant species of concern pursuant to P.L.1989, c.56 (C.13:1B:15.151 et seq.). The person engaging in foraging shall do so at their own risk and the State, and its agencies and departments, shall bear no liability or responsibility for the person’s foraging, safety, consumption of the fruits, fungi, nuts, or plants foraged, or any consequences of sharing the foraged fruits, fungi, nuts, plants, or parts thereof with another person.
c. The Department of Environmental Protection may limit foraging in any areas where the department identifies such limits to be necessary for environmental or public safety reasons, including, but not limited to, the protection of nesting birds, prevention of erosion, protection of newly planted vegetation, protection of environmentally sensitive areas, or protection of the public from a physical hazard. Park personnel who determine that foraging activity in a certain area may pose a threat to wildlife or damage to the land or ecology of the area, or that poses a public safety risk, may establish a temporary barrier to the area with a posted notice that limits foraging in the area, and shall so notify the department. The department shall investigate the notice and determine whether foraging activity may continue in the area.
d. A person who negligently forages any plant or part thereof, fruit or nut from a plant, or fungi that is identified by the Department of Environmental Protection as a threatened, endangered, rare, or vulnerable species of plant or fungi, or a plant species of concern pursuant to P.L.1989, c.56 (C.13:1B:15.151 et seq.) shall be liable for a fine of up to $500 for each violation. The Department of Environmental Protection shall have the authority to enforce this section and impose fines. A fine imposed pursuant to this subsection may be collected in a summary proceeding pursuant to the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have the jurisdiction to enforce the provisions of the “Penalty Enforcement Law of 1999” in connection with this subsection.
2. This act shall take effect immediately.
STATEMENT
The bill permits a person to forage for their personal use, fruits, fungi, nuts, plants, or parts thereof in State parks or forests, provided that the person does not negligently forage any plant or part thereof, fruit or nut from a plant, or fungi that is identified by the Department of Environmental Protection (DEP) as a threatened, endangered, rare, or vulnerable species of plant or fungi, or a plant species of concern pursuant to P.L.1989, c.56 (C.13:1B:15.151 et seq.). The bill also provides that the person engaging in foraging would do so at their own risk, and the State, and its agencies and departments, would not be liable or responsible for the person’s safety, foraging, consumption of the fruits, fungi, nuts, or plants foraged, or any consequences of sharing the foraged fruits, fungi, nuts, plants, or parts thereof with another person. The bill defines “personal use” as consumption by the person, the person’s family, or the person’s friends, and does not include any selling, bartering, or offering for sale or barter of the foraged fruit, fungi, nuts, plants, or parts thereof.
In addition, the bill provides that:
1) the DEP may limit foraging in areas where the department identifies such limits to be necessary for the protection of the environment or public safety, including, not limited to, protection of nesting birds, prevention of erosion, protection of newly planted vegetation, protection of environmentally sensitive areas, or protection of the public from a physical hazard; and
2) park personnel who determine that foraging activity in a certain area may pose a threat to wildlife or damage to the land or ecology of the area, or poses a public safety risk, may establish a temporary barrier with a posted notice that limits foraging in the area, and so notify the DEP.
The bill requires the DEP to investigate the notice and determine whether foraging activity may continue in the area.
Finally, the bill establishes a fine of up to $500 for each violation for a person who negligently forages any plant or part thereof, fruit or nut from a plant, or fungi that is identified by the DEP as a threatened, endangered, rare, or vulnerable species of plant or fungi, or a plant species of concern pursuant to P.L.1989, c.56 (C.13:1B:15.151 et seq.).