[Second Reprint]

SENATE, No. 864

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JANUARY 14, 2020

 

 

Sponsored by:

Senator   BOB SMITH

District 17 (Middlesex and Somerset)

Senator   LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

 

Co-Sponsored by:

Senators Gill and Lagana

 

 

 

 

SYNOPSIS

        Prohibits provision or sale of single-use plastic carryout bags, single-use paper carryout bags, and polystyrene foam food service products; limits provision of single-use plastic straws; appropriates moneys from Clean Communities Program Fund for public education.

 

CURRENT VERSION OF TEXT

        As amended by the Senate on February 10, 2020.

 

An Act concerning single-use plastic carryout bags, single-use paper carryout bags, polystyrene foam food service products, and single-use plastic straws, supplementing Title 13 of the Revised Statutes, and amending P.L.2002, c.128.  

 

        Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

        1.       (New section)     The Legislature finds and declares that, since 1950, global annual production of plastics has increased from two million tons to over 381 million tons; that approximately one third of all plastics produced are single-use plastics, which are plastics designed to be used only once and then thrown away; and that an estimated 100 billion single-use plastic carryout bags and 25 billion styrofoam plastic coffee cups are thrown away in the United States each year.  

        The Legislature further finds that, in 2017, only 8.4 percent of plastics in the United States were recycled; that most single-use plastics are disposed of in landfills, are incinerated, or become litter in waterways and oceans; that plastics released in the environment do not biodegrade, but instead break down into smaller pieces, known as microplastics, which accumulate in the natural environment and are eaten by fish and other marine life; and that microplastic pollution moves through natural food webs and accumulates in fish and shellfish tissues, which means microplastics and associated pollutants can move into the food chain.  

        The Legislature further finds that approximately eight million tons of plastic end up in the oceans annually; that, without action, scientists estimate that by 2050 the mass of plastic pollution in the ocean will exceed the mass of fish; that currently, there is a collection of litter in the North Atlantic Ocean, known as the Great Pacific Garbage Patch, that is 7.7 million square miles and is composed primarily of plastics; that one study found plastics in the gut of every sea turtle examined and in 90 percent of seabirds examined; and that plastics have been known to cause death or reproductive failure in sea turtles, birds, and other organisms that ingest plastic.  

        The Legislature further finds that, as plastics break down through photodegradation, they release harmful chemicals such as bisphenol A (BPA) into the environment that have been linked to health problems in humans; that these chemicals enter the food chain when consumed by marine life; and that single-use plastic waste creates visual pollution, degrades water quality, and impacts the tourism, fishing, and shipping industries, all of which are major contributors to the New Jersey economy.              

        The Legislature therefore determines that it is no longer conscionable to permit the unfettered use and disposal of single-use plastics in the State; that New Jersey must do its part to minimize plastic pollution in the ocean, and to ensure that future generations have a clean and healthy environment to live, work, and recreate in; that banning or limiting the use of single-use plastic carryout bags, polystyrene foam food service products, and single-use plastic straws is a significant step in this effort, as these items are among the most significant sources of beach and ocean pollution; that New Jersey joins several other states and hundreds of municipalities across the country in banning or limiting the use of single-use plastics; and that such bans and limitations have drastically lowered consumer consumption of single-use plastics.      

        The Legislature further finds that single-use paper carryout bags use as much or more energy and resources to manufacture and transport than single-use plastic carryout bags and contribute to harmful air emissions.   Consequently, the Legislature further determines that it is in the public interest to prohibit grocery stores from providing single-use paper carryout bags.

 

          2.     (New section)     As used in P.L.       , c.      (C.                )(pending before the Legislature as this bill):

             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, caf  , 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[4,500] 2,500² square feet and that ²[primarily]² sells ²[a full-line of]² 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.  

             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 a