
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: November 23, 2020
Partner
201-896-7115 dmckillop@sh-law.comOn November 4, 2020, Gov. Phil Murphy signed legislation (Senate Bill 864) banning single-use paper and plastic bags. Once New Jersey’s ban takes effect next May, it will be the strongest environmental law of its kind in the country.
“Plastic bags are one of the most problematic forms of garbage, leading to millions of discarded bags that stream annually into our landfills, rivers, and oceans,” Governor Murphy said in a press statement. “With today’s historic bill signing, we are addressing the problem of plastic pollution head-on with solutions that will help mitigate climate change and strengthen our environment for future generations.”
Starting May 2022, a store or food service business will be prohibited from providing or selling a single-use plastic carryout bag to a customer. In addition, a grocery store would be prohibited from providing or selling a single-use paper carryout bag to a customer. The following, however, are exempt:
S-864 also bans disposable food containers and cups made out of polystyrene foam. Businesses will be prohibited from selling any polystyrene foam foodservice products, and foodservice businesses will be prohibited from providing or selling any food in a polystyrene foam foodservice product. The following products, however, will be exempt for an additional two years after May 2022:
Additionally, the New Jersey Department of Environmental Protection (NJDEP) is authorized, upon written application by a person or foodservice business, to waive the prohibitions on polystyrene foam foodservice products for a period of up to one year if: (1) there is no feasible and commercially available alternative for a specific polystyrene foam foodservice product; or (2) the person or foodservice business has less than $500,000 in gross annual income and there is no reasonably affordable, commercially-available alternative to the polystyrene foam foodservice product.
Starting November 2021, food service businesses will only be able to provide a single-use plastic straw to a customer upon the request of the customer. A store, however, would be permitted to provide other types of straws, such as paper or reusable metal straws, without limitation.
The DEP, a municipality, and any entity certified pursuant to the County Environmental Health Act are authorized to enforce S-864; with the exception that the DOH would enforce the provisions of the law concerning single-use plastic straws. Any person or entity that violates the provisions of the new law will be subject to a warning for a first offense, a fine of up to $1,000 for a second offense, and a fine of up to $5,000 for a third or subsequent offense. If the violation is of a continuing nature, each day during which it continues would constitute an additional, separate, and distinct offense. The Department of State, in consultation with DEP, is required to establish a program to assist businesses in complying with the provisions of S-864, including, but not limited to, developing and publishing compliance guidance on its website guidance and establishing an online clearinghouse of vendors who provide environmentally sound alternatives to single-use plastic carryout bags, single-use paper carryout bags, polystyrene foam foodservice products, and single-use plastic straws.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
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