Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits single-use plastic bags and Styrofoam takeout containers.

Highlights:

• Specifies that the developing hemp-growing industry would be a significant force in creating biodegradable raw materials to be used for hemp-based bio-packaging (Sec 1).

• Specifies that establishments that handle only prepackaged foods are not subject to time or temperature controls for food safety (Sec 2).

• Specifies that hemp products are finished products with a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent (Sec 2).

• Prohibits a store or food service from providing or selling a single-use plastic carryout bag to a customer, beginning 18 months after this bill goes into effect (Sec. 3).

• Prohibits a grocery store from providing or selling a single-use paper carryout bag to a customer, beginning 18 months after this bill goes into effect (Sec. 3).

• Prohibits a city or county from adopting any rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic or paper carryout bags, beginning 18 months after this bill goes into effect (Sec. 3).

• Prohibits a person from selling or offering any polystyrene foam foodservice product 18 months after this bill goes into effect (Sec. 4).

• Specifies that the following products will be exempt from the above prohibitions for 18 months after this bill goes into effect (Sec. 4):

• Disposable, long-handled polystyrene foam soda spoons when used for thick drinks; 

• Portion cups of 2 ounces or less, if used for hot foods requiring liquids; 

• Meat and fish trays for raw or butchered meat, including poultry; 

• Any food product pre-packaged by the manufacturer with a polystyrene foam foodservice product; and

• Any other polystyrene foam service product as determined necessary by the state Department of Environmental Protection. 

• Authorizes the Department to waive the above-mentioned prohibitions for a person or food service business for up to one year if (Sec. 4):

• There is no feasible and commercially available alternative for a specific polystyrene foam foodservice product; or

• The person or foodservice business has less than $500,000 in gross annual income and there is no reasonable affordable, commercially available alternative to the polystyrene foam foodservice product.

• Authorizes a foodservice business to provide a single-use plastic straw to a customer only upon the request of a customer, beginning one year after this bill goes into effect (Sec. 5).

• Specifies that any person or entity that violates the above measure will be subject to the following penalties (Sec. 6):

• A warning for a first offense; 

• Up to $1,000 for a second offense; and

• Up to $5,000 for a third or subsequent offense.

• Requires all penalties collected to be deposited into the Clean Communities Program Fund for public education programs (Sec. 6).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits single-use plastic bags and Styrofoam takeout containers.

Highlights:

• Prohibits a store or food service from providing or selling a single-use plastic carryout bag to a customer, beginning 18 months after this bill goes into effect (Sec. 3).

• Prohibits a grocery store from providing or selling a single-use paper carryout bag to a customer, beginning 18 months after this bill goes into effect (Sec. 3).

• Prohibits a city or county from adopting any rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic or paper carryout bags, beginning 18 months after this bill goes into effect (Sec. 3).

• Prohibits a person from selling or offering any polystyrene foam foodservice product 18 months after this bill goes into effect (Sec. 4).

• Specifies that the following products will be exempt from the above prohibitions for 18 months after this bill goes into effect (Sec. 4):

• Disposable, long-handled polystyrene foam soda spoons when used for thick drinks; 

• Portion cups of 2 ounces or less, if used for hot foods requiring liquids; 

• Meat and fish trays for raw or butchered meat, including poultry; 

• Any food product pre-packaged by the manufacturer with a polystyrene foam foodservice product; and

• Any other polystyrene foam service product as determined necessary by the state Department of Environmental Protection. 

• Authorizes the Department to waive the above-mentioned prohibitions for a person or food service business for up to one year if (Sec. 4):

• There is no feasible and commercially available alternative for a specific polystyrene foam foodservice product; or

• The person or foodservice business has less than $500,000 in gross annual income and there is no reasonable affordable, commercially available alternative to the polystyrene foam foodservice product.

• Authorizes a foodservice business to provide a single-use plastic straw to a customer only upon the request of a customer, beginning one year after this bill goes into effect (Sec. 5).

• Specifies that any person or entity that violates the above measure will be subject to the following penalties (Sec. 6):

• A warning for a first offense; 

• Up to $1,000 for a second offense; and

• Up to $5,000 for a third or subsequent offense.

• Requires all penalties collected to be deposited into the Clean Communities Program Fund for public education programs (Sec. 6).

Full Bill Text