New Jersey Senate Bill 426 (2022) - (Introduced)

Packaging is any product or material that is designed and used for the containment, protection, handling, delivery, or presentation of another product, including, but not limited to, a food or beverage item, and that is sold, offered for sale, imported, or distributed in New Jersey. This includes primary, secondary, and tertiary packaging, food service ware, bags, and includes materials like paper, plastic, glass, metal, a mixture thereof, or any other material, which serves a packaging function.

A producer means the manufacturer of a packaging product who sells, offers for sale, or distributes the product under the person’s own name or brand or any person who sells, offers for sale, or distributes a packaging product in New Jersey.

A producer is the owner or licensee of a trademark under which a packaging product is sold, offered for sale, or distributed, whether or not the trademark is registered in New Jersey.

A producer is anyone who imports a packaging product for use by a commercial enterprise that sells, offers for sale, or distributes packaging products in New Jersey.

A producer does not include municipalities or local governments.

Producers must either individually or collectively join a PRO.

Producers must either individually or collectively join a PRO.

Producers are responsible for all costs and operations through providing service or contracting with existing service providers.

The program plan cost coverage must include the costs associated with the collection, transportation, reuse, and recycling or disposal of discarded packaging products.

The program plan must include public outreach, education, and communication with respect to the stewardship plan.

Producers are expected to cover costs incurred by the department in association with the review, implementation, and enforcement of the producers’ packaging product stewardship plans.

The program plan will encourage participating producers to increase the post-consumer content in packaging products.

The program plan will encourage producers to reduce the amount of packaging and material through design modifications.

The PRO must meet the performance goal of all single-use packaging products to be readily recyclable or compostable by January 1, 2030.

The PRO must meet the performance goal of all single-use packaging products to be composed of at least 75% post-consumer content by January 1, 2027.

The PRO must meet the performance goal of all single-use plastic packaging to be reduced to the maximum extent practicable, or by at least 25%, by January 1, 2030.

The PRO must identify performance goals for a minimum post-consumer recycled material content rate and a minimum recycling rate for packaging products, and describe how such goals will be met or exceeded over time.

The PRO must submit a stewardship plan no later than 180 days after the enactment.

If the stewardship plan is approved, the plan must be implemented within 90 days.

The department commissioner will approve, conditionally approve, or disapprove the plan and provide written notice of the determination to the participating producers within 120 days.

The program plan must be reviewed and updated at least once every five years. In addition, the PRO is required to submit an annual evaluation report to the department.

If a producer is not participating in a PRO within 18 months of the effective date, that producer is not to sell, offer for sale, distribute, or import for sale or distribution in New Jersey, any packaging products. If this is violated the commissioner can authorize penalties of not less than $5,000 and not more than $10,000 for each violation per day.

The PRO must provide instructions to customers on how to recycle or compost discarded packaging.

The PRO must include information about the proper end-of-life management including recycling and other environmentally sound disposal options available under the plan, and the location and availability of curbside and drop-off collection opportunities.

The PRO must encourage consumers to avoid littering and explain the environmental impacts with improper disposal.

The PRO must notify consumers that participating producers will be responsible for covering the costs of implementing the stewardship plan.

The PRO must explain the process used during plan development to engage various stakeholders, in addition to the comments from stakeholders and how the PRO addressed the comments.

Recycling is a process by which materials or products that would otherwise become solid waste are collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products. Recycling does not include energy recovery or energy generation resulting from combustion or incineration processes.

The actions of the producers in the PRO are exempt from antitrust laws, except when the agreement affects the price of a product or that restricts the output or production of a product or the geographic area or customers to which a product will be sold.