STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Assemblyman LOUIS D. GREENWALD
District 6 (Burlington and Camden)
SYNOPSIS
Prohibits sale, distribution, and import of certain products marketed as recyclable, unless DEP determines that products are widely recycled.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the recyclability of certain products, supplementing P.L.1960, c.39 (C.56:8-1 et seq.) and P.L.1987, c.102 (C.13:1E-99.11 et seq.), and amending P.L.1989, c.268.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. It shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) for any person to offer for sale, sell, distribute, or import into the State any product or packaging for which a deceptive or misleading claim about the recyclability of the product or packaging is made.
b. Except as provided in subsection c. of this section, a product or packaging that displays a chasing arrows symbol, a chasing arrows symbol surrounding a resin identification code, or any other symbol or statement indicating the product or packaging is recyclable, or otherwise directing the consumer to recycle the product or packaging, shall be considered a deceptive or misleading claim pursuant to this section, unless the product or packaging is considered recyclable in the State pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging.
(1) If a product or packaging has multiple material types, a chasing arrows symbol or statement indicating recyclability may be displayed on its external packaging if the external packaging is considered to be recyclable in the State pursuant to section 2 of P.L , c. (C. ) (pending before the Legislature as this bill), and if the chasing arrows symbol or statement makes clear, in the same or greater font size or symbol size, which other components of the product or packaging are not recyclable.
(2) Displaying a chasing arrows symbol or any other statement indicating recyclability on packaging containing a consumable product shall, for the purposes of this section, be deemed to refer only to the packaging.
c. The provisions of this section shall not apply to:
(1) any product or packaging that is manufactured up to 18 months after the date the Department of Environmental Protection publishes the first material characterization study required pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), or before January 1, 2024, whichever is later;
(2) any product or packaging manufactured up to 18 months after the date the Department of Environmental Protection updates the material characterization study pursuant to section 2 of P.L. ,
c. (C. ) (pending before the Legislature as this bill), if the product or packaging satisfied or, for a new product or packaging, would have satisfied, the requirements to be considered recyclable in the State before the publication of the updated study;
(3) the use of a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrows symbol to convey that an item is not recyclable;
(4) any product or packaging that is required by any federal or State law, rule, or regulation to display a chasing arrows symbol, including, but not limited to, Section 103(b)(1) of the federal Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. Sec. 14322(b)(1));
(5) text or symbols that direct a consumer to compost or properly dispose of any product or packaging through an organics recycling program; or
(6) the use of a resin identification code placed inside a solid equilateral triangle.
d. For the purposes of this section:
"Consumable product" means a commodity that is intended to be used and not disposed of.
"Chasing arrows symbol" means an equilateral triangle, formed by three arrows curved at their midpoints, depicting a clockwise path, with a short gap separating the apex of each arrow from the base of the adjacent arrow. "Chasing arrows symbol" also includes variants of that symbol that are likely to be interpreted by a consumer as an implication of recyclability, including, but not limited to, one or more arrows arranged in a circular pattern or around a globe.
2. (New section) a. On or before January 1, 2024, in order to provide information to the public sufficient for evaluating whether a product or packaging is recyclable in the State and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, the department shall conduct a material characterization study of material types and forms that are collected, sorted, sold, or transferred by recycling centers and solid waste facilities deemed appropriate by the department for inclusion in the study. The study shall identify the products and forms of packaging that are deemed to be recyclable in the State and permitted to display the chasing arrows symbol pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(1) The department shall update the material characterization study required pursuant to this subsection every five years, with the first update being issued by the department no later than January 1, 2027.
(2) For purposes of studying a representative sample of material types and forms in the State, within 90 days after receiving a request from the department, a recycling center shall allow for periodic sampling conducted by a designated representative of the department on a mutually-agreed upon date and time. The department shall not request a periodic sampling of a recycling center if that center was sampled during the previous 24 months.
(3) For each material characterization study conducted pursuant to this subsection, the department shall publish on its Internet website the preliminary findings of the study and conduct a public hearing to present the preliminary findings and receive public comments. The hearing shall occur at least 30 days after the department publishes the preliminary findings. The department shall provide public notice of the hearing by posting the time, date, and location on its Internet website at least 30 days prior to the hearing. After receiving and considering public comments, and within 60 days after the hearing, the department shall finalize the findings of the study and publish the study on its Internet website.
(4) The departments activities pursuant to this subsection, including the departments determination of the appropriate recycling centers to include in the material characterization study, shall be exempt from the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
b. Except as provided in subsection c. of this section, a product or packaging shall be considered recyclable in the State if, based on information published by the department pursuant to subsection a. of this section, the product or packaging is of a material type and form that meets both of the following requirements:
(1) the material type and form is collected for recycling by curbside recycling programs for jurisdictions that collectively encompass at least 60 percent of the population of the State; and
(2) the material type and form is sorted into defined streams for recycling by transfer stations, materials recovery facilities, or recycling centers that collectively serve at least 60 percent of recycling programs Statewide, with the defined strea