
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.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!