Bill Text: NJ A2065 | 2022-2023 | Regular Session | Enrolled
Bill Title: Amends applicability of law prohibiting sale and distribution of plastic and paper carryout bags to food banks and food pantries; appropriates $600,000.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2022-03-25 - Approved P.L.2022, c.6. [A2065 Detail]
Download: New_Jersey-2022-A2065-Enrolled.html
§3
Approp.
An Act concerning 1[the provision of] certain single-use and reusable1 carryout bags 1[by certain food distribution organizations and government entities]1 3[and] ,3 amending P.L.2020, c.117 3, and making an appropriation3 .
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
2[ 11. Section 2 of P.L.2020, c.117 (C.13:1E-99.127) is amended to read as follows:
2. As used in P.L.2020, c.117 (C.13:1E-99.126 et al.):
"Carryout bag" means a bag that is provided by a store or food service business to a customer for the purpose of transporting groceries, prepared foods, or retail goods. "Carryout bag" shall not include:
(1) a bag used solely to contain or wrap uncooked meat, fish, or poultry;
(2) a bag used solely to package loose items such as fruits, vegetables, nuts, coffee, grains, baked goods, candy, greeting cards, flowers, or small hardware items;
(3) a bag used solely to contain live animals, such as fish or insects sold in a pet store;
(4) a bag used solely to contain food sliced or prepared to order, including soup or hot food;
(5) a laundry, dry cleaning, or garment bag;
(6) a bag provided by a pharmacy to carry prescription drugs;
(7) a newspaper bag; and
(8) any similar bag, as determined by the department pursuant to rule, regulation, or guidance.
"Department" means the Department of Environmental Protection.
"Food service business" means a business that sells or provides food for consumption on or off the premises, and includes, but is not limited to, any restaurant, café, delicatessen, coffee shop, convenience store, grocery store, vending truck or cart, food truck, movie theater, or business or institutional cafeteria, including those operated by or on behalf of any governmental entity.
"Grocery store" means a self-service retail establishment that occupies at least 2,500 square feet and that sells household foodstuffs for off-site consumption, including, but not limited to, fresh produce, meat, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods. "Grocery store" shall not include an establishment that handles only prepackaged food that does not require time or temperature controls for food safety.
"Hemp product" means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale.
"Person" means any individual, corporation, company, association, society, firm, partnership, joint stock company, or governmental entity.
"Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during the life cycle and after disposal.
"Polystyrene foam" means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
"Polystyrene foam food service product" means a product made, in whole or in part, of polystyrene foam that is used for selling or providing a food or beverage, and includes, but is not limited to, a food container, plate, hot or cold beverage cup, meat or vegetable tray, cutlery, or egg carton.
"Reusable carryout bag" means a carryout bag that: (1) is made of polypropylene, PET nonwoven fabric, nylon, cloth, hemp product, or other machine washable fabric; (2) has stitched handles; and (3) is designed and manufactured for multiple reuse. "Reusable carryout bag" shall also include a carryout bag that: (1) is made from low density polyethylene with a minimum area density of 120 grams per square meter; (2) is composed of at least 80 percent post-consumer-recycled content; (3) has stitched handles; (4) is capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125 uses; and (5) is capable of being recycled into a new product without further chemical modification or treatment.
"Single-use paper carryout bag" means a carryout bag made of paper that is not a reusable carryout bag.
"Single-use plastic carryout bag" means a carryout bag made of plastic that is not a reusable carryout bag.
"Store" means any grocery store, convenience store, liquor store, pharmacy, drug store, or other retail establishment.1
(cf: P.L.2020, c.117, s.2)]2
1[1.] 2[2.1] 1.2 Section 3 of P.L.2020, c.117 (C.13:1E-99.128) is amended to read as follows:
3. a. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.):
(1) no store or food service business shall provide or sell a single-use plastic carryout bag to a customer; and
(2) no grocery store shall provide or sell a single-use paper carryout bag to a customer.
b. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic carryout bags or single-use paper carryout bags after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
c. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), this section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic carryout bags or single-use paper carryout bags that was enacted prior to the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
d. 2[The] Notwithstanding the2 provisions of subsection a. of this section 2[shall not apply to a] to the contrary, beginning 24 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no2 food bank or 2[a]2 food pantry 2shall provide a single-use plastic carryout bag 3[or single-use paper carryout bag]3 to a customer2 .
As used in this subsection:
"Food bank" means the same as the term is defined in section 2 of P.L.1982, c.178 (C.24:4A-2).
"Food pantry" means a nonprofit organization or government entity that distributes food to individuals in need of assistance, including, but not limited to, a soup kitchen, homeless shelter, or religious organization.
(cf: P.L.2020, c.117, s.3)
22. Section 8 of P.L.2020, c.117 (C.13:1E-99.133) is amended to read as follows:
8. No later than six months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.):
a. the Department of State, in consultation with the Department of Environmental Protection, shall establish a program to assist businesses in complying with the provisions of P.L.2020, c.117 (C.13:1E-99.126 et al.), including, but not limited to, developing and publishing on its Internet website guidance on compliance with the act, 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 food service products, and single-use plastic straws; and
b. the organization under contract with the Department of Environmental Protection pursuant to section 6 of P.L.2002, c.128 (C.13:1E-218) shall, in cooperation with local governments and the business community, develop and implement a Statewide public information and education program concerning the provisions of P.L.2020, c.117 (C.13:1E-99.126 et al.). The program shall include, but need not be limited to, educational programs, public service announcements, and the distribution of free reusable carryout bags throughout the State. The program established pursuant to this subsection shall include the distribution of 500,000 free reusable carryout bags proportionally distributed to the State's food banks, as defined pursuant to section 2 of P.L.1982, c.178 (C.24:4A-2), based on the population served by each food bank.2
(cf: P.L.2020, c.117, s.8)
33. There is appropriated from the General Fund to the Department of Environmental Protection the sum of $600,000 to fund the distribution of free reusable carryout bags to food banks pursuant to subsection b. of section 8 of P.L.2020, c.117 (C.13:1E-99.133).3
1[2.] 3[3.1] 4.3 This act shall take effect immediately.
Amends applicability of law prohibiting sale and distribution of plastic and paper carryout bags to food banks and food pantries; appropriates $600,000.
