New Jersey foodservice businesses, including restaurants, fast-food establishments, and convenience stores, must now comply with the state’s restriction on single-use plastic straws…
New Jersey foodservice businesses, including restaurants, fast-food establishments, and convenience stores, must now comply with the state’s restriction on single-use plastic straws under which businesses may provide single-use plastic straws to a customer only upon request.
The plastic straw ban is part of a more expansive state law aimed to curb plastic pollution. Other provisions of the 2020 law (P.L. 2020, c. 117), which ban the sale or provision of single-use plastic carryout bags from stores and food-service businesses; single-use paper carryout bags from grocery stores larger than or equal to 2,500 square feet; and use of polystyrene foam food-service products, are slated to take effect on May 4, 2022.
“When we move beyond single-use plastics, we can reduce our reliance on the fossil fuels that create plastic, remove a source of litter from our communities, and protect wild and marine life from the harm of ingesting or becoming entangled in plastic products,” New Jersey Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette said in a press statement.
New Jersey’s New Requirements for Single-Use Plastic Straws
Beginning on November 4, 2021, food service businesses may only provide a single-use plastic straw to a customer upon request by the customer. Covered businesses include restaurants, cafes, coffee shops, convenience stores, food trucks, movie theaters, and business/institutional cafeterias. Additionally, the “by request only” provision of the law for single-use plastic straws applies to all instances where a customer has the option of using or not using a single-use plastic straw, including drive-thru establishments and self-service areas.
To ensure compliance, food service businesses are required to keep an adequate supply of single-use plastic straws. Stores may continue to sell packages of single-use plastic straws and provide/sell a beverage pre-packaged by the manufacturer with a single-use plastic straw, i.e., juice boxes
A person or entity that violates the law will be warned for a first offense, may be fined up to $1,000 per day for the second offense and may be fined up to $5,000 per day for the third and subsequent violations. Violations of a continuing nature constitute an additional, separate, and distinct offense for each day that is deemed a violation. The DEP, municipalities and any entity certified pursuant to the “County Environmental Health Act” are authorized to enforce the law.
What’s Next?
The remaining provisions of the law, including those governing carry-out bags and polystyrene foam foodservice products, take effect on May 4, 2022. The DEP has established a website dedicated to helping businesses understand and comply with the new requirements. We encourage covered businesses to review the law, along with the DEP’s FAQs and other guidance. As always, Scarinci Hollenbeck’s experienced business attorneys are here to help address any compliance concerns.
If you have questions, please contact us
If you have any questions or if you would like to discuss the matter further, please contact me, Monica Schroeck, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
Smart Contract Legal Issues: Drafting Agreements for Blockchain
Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Are Stay Interviews the Key to Retaining Top Talent?
Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications
Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors
The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Corporate Consolidation and Antitrust Issues in Mergers
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
