Bill > A3032

Introduced Session

This bill would allow individuals 18 years of age or older to possess, under certain conditions, bear spray for the purpose of repelling an aggressive bear. Under current law, a person 18 years of age or older, who has not been convicted of a crime, may possess a small, pocket-sized device capable of spraying a non-lethal chemical substance which causes temporary physical discomfort, also known as pepper spray. The law limits the size of the device to one which contains and releases not more than three-quarters of an ounce of pepper spray. A person possessing a larger quantity would be guilty of a disorderly persons offense and subject to a fine of at least $100. However, because bear spray devices contain much more than three-quarters of an ounce of a chemical substance, current law effectively prohibits the possession of bear spray. This bill would allow any person who is 18 years of age or older to possess, for the sole purpose of repelling an aggressive bear while hiking, biking, or engaging in any other outdoor recreational activities, a bear deterrent or bear spray product approved and registered by the United States Environmental Protection Agency (EPA) and clearly identified as such on the product label. The EPA regulates bear spray as a "pesticide" under federal law, and manufacturers of bear spray must register their products with, and receive approval from, the EPA. To be approved by the EPA, a bear spray device must, among other things, contain a minimum content of 7.6 ounces, which is significantly larger than the maximum content of three-quarters of an ounce allowed under State law. The labels on bear sprays approved by the EPA show the EPA registration and EPA establishment number for the product. In addition, the bill provides that a person who uses bear spray upon or toward another person would not be liable in any civil action for damages resulting from that release or discharge when the actor reasonably believes that the releasing or discharging of the bear spray is immediately necessary for the purpose of personal self-defense. However, nothing in the bill would be deemed to grant immunity to any person causing any damage by the willful, wanton, or grossly negligent unlawful releasing or discharging of bear spray upon or toward another person. A person who knowingly possesses and uses bear spray in a manner contrary to the provisions of the bill would be guilty of a crime of the fourth degree in accordance with the penalty in current law. Bear spray products approved by the EPA have been shown to be an effective, non-lethal deterrent capable of stopping aggressive behavior in bears. Personal defense sprays do not contain the correct active ingredients or have the amount necessary to divert or stop a charging or attacking bear.

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Tony Bucco (R)*,  Parker Space (R),  Harold Wirths (R), 

Introduced, Referred to Assembly Agriculture and Natural Resources Committee (on 02/08/2018)