Bill Text: NJ A4289 | 2022-2023 | Regular Session | Introduced
Bill Title: Eliminates prohibition on sale of certain polystyrene foam products to schools and school food service vendors.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-06-16 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4289 Detail]
Download: New_Jersey-2022-A4289-Introduced.html
Sponsored by:
Assemblywoman BETHANNE MCCARTHY PATRICK
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Eliminates prohibition on sale of certain polystyrene foam products to schools and school food service vendors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the provision of polystyrene foam food products to schools and certain food service vendors, and amending P.L.2020, c.117.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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.
"Food service vendor" means a private or public for-profit business, public entity, or nonprofit organization that is contracted with a public or private school to provide a food service to students, including the preparation of meals, the management of food service operations, or the management of any other aspect of school food service.
"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.
"Private school" means the same as that term is defined in N.J.S.18A:1-1.
"Public school" means the same as that term is defined in N.J.S.18A:1-1.
"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.
"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.
(cf: P.L.2020, c.117, s.2)
2. Section 4 of P.L.2020, c.117 (C.13:1E-99.129) is amended to read as follows:
4. a. [Beginning] (1) Except as provided in paragraph (2) of this subsection, beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no person shall sell or offer for sale in the State any polystyrene foam food service product.
(2) Notwithstanding the provisions of paragraph (1) of this subsection to the contrary, a person may sell or offer for sale, to a public school, private school, or food service vendor in the State, any polystyrene foam food service product for school use.
b. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no food service business shall provide or sell any food in a polystyrene foam food service product.
c. The following products shall be exempt from the provisions of [subsections] paragraph (1) of subsection a. and the provisions of subsection b. of this section for a period of two years beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.):
(1) disposable, long-handled polystyrene foam soda spoons when required and used for thick drinks;
(2) portion cups of two ounces or less, if used for hot foods or foods requiring lids;
(3) meat and fish trays for raw or butchered meat, including poultry, or fish that is sold from a refrigerator or similar retail appliance;
(4) any food product pre-packaged by the manufacturer with a polystyrene foam food service product; and
(5) any other polystyrene foam food service product as determined necessary by the department.
d. The department may extend any exemption provided for in subsection c. of this section for additional periods not to exceed one year upon a written determination that there is no cost-effective and readily available alternative for the item. An exemption shall expire after one year unless the department extends the exemption pursuant to this subsection.
e. The department may, upon written application by a person or food service business, waive the provisions of paragraph (1) of subsection a. or of subsection b. of this section for the person or food service business for a period not to exceed one year, if:
(1) there is no feasible and commercially available alternative for a specific polystyrene foam food service product; or
(2) the person or food service business has less than $500,000 in gross annual income and there is no reasonably affordable, commercially-available alternative to the polystyrene foam food service product.
The department shall prescribe the form and manner of the application for a waiver pursuant to this subsection. The department may, upon written application, extend any waiver granted pursuant to this section for additional periods not to exceed one year.
f. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of polystyrene foam food service products after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
g. 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 polystyrene foam food service products that was enacted prior to the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
(cf: P.L.2020, c.117, s.4)
3. This act shall take effect immediately.
STATEMENT
This bill would eliminate the prohibition on the sale of polystyrene foam food products to schools and food service vendors providing a food service to students at a public or private school. Under the bill, a person would be permitted to sell or offer for sale any polystyrene foam food service product to a public school, private school, or a food service vendor providing a food service to students at public or private school.
