Bill > A5372

Introduced Session

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.).

AI Summary

Committee Categories

Shama Haider (D)*,  Verlina Reynolds-Jackson (D)*,  Heather Simmons (D)*, 

Introduced, Referred to Assembly Children, Families and Food Security Committee (on 02/27/2025)

Official Document