
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.

Non-disclosure agreements (NDAs) remain a critical tool for protecting sensitive business information. However, New York NDA requirements have evolved, and businesses must ensure these agreements are carefully drafted to remain enforceable. In a competitive market like New York City, NDAs are commonly used to protect proprietary information, client relationships, and strategic plans. At the same […]
Author: Dan Brecher

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher
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!