This bill aims to prohibit the sale, distribution, and import of products or packaging that make deceptive claims about recyclability unless the New Jersey Department of Environmental Protection (DEP) determines that these items are widely recyclable. It establishes that any product or packaging displaying the "chasing arrows" recycling symbol is considered misleading unless it meets specific criteria set by the DEP. The bill outlines exceptions for products manufactured within 18 months of the DEP's initial or updated material characterization study, as well as certain other conditions. Violations of this law would be classified as unlawful practices under the Consumer Fraud Act, subjecting offenders to monetary penalties and potential legal actions.

Additionally, the bill mandates the DEP to conduct a material characterization study by January 1, 2024, to identify recyclable products and packaging, with updates required every five years thereafter. The study will focus on materials collected by curbside recycling programs serving at least 60% of the state's population and sorted by facilities that also meet this threshold. The bill specifies that products containing hazardous substances or certain chemicals will not be deemed recyclable. It also allows the DEP to require recycling centers to submit annual reports on their operations to aid in the characterization study and amends existing laws regarding the labeling of plastic containers to align with the new provisions.

Statutes affected:
Introduced: 13:1E-99.41