Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
SYNOPSIS
Eliminates prohibition on paper bags, and allows packaging options, for certain grocery orders for three years; requires program for disposition of reusable bags; extends timeframe for use of certain bags by food banks and pantries.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bagging options for grocery stores, third party grocery delivery services, food banks, and food pantries, and amending and supplementing 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, 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 2,500 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.
"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.
Third party grocery delivery service means a third party service that employs personal shoppers to shop for, pick up, and deliver groceries to customers.
(cf: P.L.2020, c.117, s.2)
2. Section 3 of P.L.2020, c.117 (C.13:1E-99.128) is amended to read as follows:
3. a. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.):
(1) no store or food service business shall provide or sell a single-use plastic carryout bag to a customer; and
(2) no grocery store shall provide or sell a single-use paper carryout bag to a customer, except as provided in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic carryout bags or single-use paper carryout bags after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
c. 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 single-use plastic carryout bags or single-use paper carryout bags that was enacted prior to the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
d. Notwithstanding the provisions of subsection a. of this section to the contrary, beginning [24] 60 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no food bank or food pantry shall provide a single-use plastic carryout bag to a customer.
As used in this subsection:
"Food bank" means the same as the term is defined in section 2 of P.L.1982, c.178 (C.24:4A-2).
"Food pantry" means a nonprofit organization or government entity that distributes food to individuals in need of assistance, including, but not limited to, a soup kitchen, homeless shelter, or religious organization.
(cf: P.L.2022, c.6, s.1)
3. (New section) a. A grocery store or third party grocery delivery service may provide, or sell to customers for a fee, any of the following packaging options for groceries prepared for delivery, pickup, or curbside pickup: (1) single-use paper carryout bags, provided that the bags contain at least 40 percent postconsumer recycled content; (2) cardboard boxes; or (3) reusable bags. A grocery store or third party grocery delivery service that provides customers more than one packaging option shall allow the customer to choose one of the available packaging options. Three years after the effective date of this section, a grocery store or third party grocery delivery service shall not provide or sell to cu