The Single-Use Plastics Reduction Rule has many requirements and some exceptions. In general, the law states that all Stores, Food Service Businesses, and Grocery Stores shall not sell or provide single-use plastic carryout bags to customers. In addition, Grocery Stores shall not sell or provide single-use paper carryout bags to customers.

The Single-Use Paper and Plastic Bags and Polystyrene Foam Food Service Products Rule, N.J.A.C. 7:26L, implements provisions of N.J.S.A. 13:1E-99.126 et seq. and restricts the sale and distribution of single-use plastic carryout bags, single-use paper carryout bags, and polystyrene foam food service products. Specifically, no store or food service business may provide or sell a single-use plastic carryout bag to a customer, no grocery store may provide or sell a single-use paper carryout bag to a customer. Except as otherwise exempted, no person may sell or offer for sale in the State any polystyrene foam food service product and no food service business may provide or sell any food in a polystyrene foam food product. The rule includes exemption and waiver provisions for polystyrene foam food service products, as well as enforcement provisions.

The single-use plastic carryout bags provisions of the Single-Use Paper and Plastic Bags and Polystyrene Foam Food Service Products Rule applies to a "Store," "Food Service Business," & "Grocery Store."

The single-use paper carryout bag provision of the Single-Use Paper and Plastic Bags and Polystyrene Foam Food Service Products Rule applies to a "Grocery Store."

• A "Store" is any grocery store, convenience store, liquor store, pharmacy, drug store or other retail establishment.
• A "Food Service Business" sells or provides food for consumption on or off the premises, including establishments such as a restaurant, café, delicatessen, coffee shop, convenience store, grocery store, vending truck or cart, food truck, movie theater, or business or institutional cafeteria, including those operated by a government entity.
• A "Grocery Store" is a self-service retail establishment that occupies at least 2,500 square feet and sells household foodstuffs for off-site consumption.
  • It does not include an establishment that handles only pre-packaged food that does not require time or temperature controls for food safety.

The DEP recommends consults the List of Establishments and Applicable Provisions for more details on the definitions of "Store," "Food Service Business," and "Grocery Store".

• A "single-use plastic carryout bag" is a carryout bag made of plastic that is not a reusable carry out bag as defined by the law. These are prohibited from being sold or provided to customers in all stores in New Jersey.
• A "single-use paper carryout bag" is a carryout bag made of paper that is not a reusable carryout bag. These are only prohibited from being provided or sold to customers in Grocery Stores.

There is no minimum thickness for a bag to be considered reusable. Single-use plastic carryout bags, regardless of the thickness of the plastic, are not permitted to be provided or sold to customers.

A reusable carryout bag is a bag that:

1. is made of polypropylene fabric, PET nonwoven fabric, nylon, cloth, hemp product, or other washable fabric; and
2. has stitched handles; and
3. is designed and manufactured for multiple reuses.

Businesses can find information on vendors that sell Reusable Carryout Bags and other environmentally-sound alternatives to the items that are no longer permitted by the Single-Use Paper and Plastic Bags and Polystyrene Foam Food Service Products rule by visiting the New Jersey Business Action Center’s (NJBAC)vendor list at https://business.nj.gov/Vendors.

Yes, all reusable carryout bags must be capable of withstanding multiple washes, either by hand or machine, while maintaining usefulness and integrity.

Yes, every reusable carryout bag must have handles to be considered reusable. These handles can be stitched in a traditional manner or by ultrasonic stitching.

Adhesive handles do not meet the stitched handle requirement.

No, bags with handles attached by adhesives do not qualify as reusable carryout bags.

All bags that meet the definition of a reusable carryout bag are permitted for use.

Bags whereby the handles are part of the bag but are stitched together do meet the requirement for stitched handles.

Multiple reuse means capable of withstanding 125 washes while maintaining usefulness and integrity.

Yes. There is a set list of uses for plastic bags that are exempted from this rule and are therefore allowed:

• a bag used solely to contain or wrap uncooked meat, fish, or poultry,
• a non-handled bag used solely to package loose items such as fruits, vegetables, nuts, coffee, grains, baked goods, candy, greeting cards, flowers, or small hardware items,
• a bag used solely to contain live animals, aquatic plants, and raw marine bait, such as fish, insects, or aquatic plants sold in a pet store or similar retail establishment,
• a bag used solely to contain food sliced or prepared to order, such as deli meats and cheeses,
• A square, flat bottom, moisture-proof, hot food packaging bag, uses solely to contain a container of soup,
• a bag used solely to contain ready-to-serve food that has direct contact with the bag,
• a laundry, dry cleaning, or garment bag,
• a bag provided by a pharmacy to carry prescription drugs,
• a bag for newspapers, or
• a bag used solely to insulate food to maintain temperature.

Yes, the DEP has the ability (by rule, regulation, or guidance) to determine additional exceptions to the definition of a reusable carryout bag. Please contact the DEP for further information.

There is no minimum recycled requirement for reusable carryout bags (or any included product) in this law. However, the use of recycled content in all allowable bags is encouraged.

There is no requirement for reusable carryout bags to be recyclable at this time, however as technology and markets progress for different products and materials, it is encouraged.

A pharmacy qualifies as a Store and shall not provide or sell single-use plastic carryout bags to customers, unless the plastic carryout bag is used to carry solely prescription drugs (see Section 1.11 above). Pharmacies are permitted to sell or provide single-use paper carryout bags.

These rules do not require that customers purchase reusable carryout bags.

Yes, the definition for reusable carryout bag only applies to the bags that stores and businesses can provide or sell to customers.

Yes, the rules allow for the sale of packages of paper bags and lawn bags from all Stores and Grocery Stores.

No, only single-use carryout bags are included under the rules. Trash bags continue to be allowable to purchase in stores.

Yes.

Reusable carryout bags, as defined at N.J.A.C. 7:26L, are permitted for use by grocery stores for curbside pickup and delivery services. Grocery stores are prohibited from selling or providing single-use paper or plastic carryout bags to customers. The rule does not differentiate between in-store or curbside/delivery services that are contracted, or owned, by the grocery store or its parent companies; therefore, grocery stores.

As defined by N.J.A.C. 7:26L:

• A “Grocery store” is 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.

The DEP recommends that grocery stores refer to the New Jersey Business Action Center (NJBAC) Vendor Clearinghouse (VC) for reusable carryout bag options. The VC website can be found at this link: https://business.nj.gov/bags/vendorclearinghouse. The vendor clearinghouse list identifies wholesale vendors and manufacturers of bags that meet the requirements of the law. While the VC aids businesses in identifying bags that are not prohibited by the law, business are not limited to purchase bags found only on the VC.

No. N.J.A.C. 7:26L does not require any store or grocery store to provide customers with reusable carryout bags.

Single-use paper carryout bags, where they are permitted for sale/provision, are not required by law to have handles.

>Note: Grocery stores are not permitted to provide or sell single-use paper carryout bags to customers. All other stores and food service businesses may provide single-use paper bags to customers, with or without handles.

Each business should compare any alternatives to single-use plastic carryout bags with the definition of “plastic” at N.J.A.C. 7:26L. Any carryout bag that meets the full definition of plastic will be prohibited for sale or provision at stores, food service businesses, and grocery stores. Plastic is defined as: “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. “Plastic” includes compostable plastic certified pursuant to ASTM D6400 (available at www.astm.org).

According to the U.S. Department of Agriculture, NJ SNAP benefits/EBT cards cannot be used to purchase non-food items and therefore cannot be used to purchase a reusable bag or single-use plastic bag.

Additionally, there is no requirement for grocery stores to provide free reusable bags to customers.

Please see https://www.nj.gov/humanservices/njsnap/benefits/ for additional information.

No, the exemption for a bag used solely to contain food sliced or prepared to order, including soup or hot food describes a bag used only to contain the food for which it was designed.

For example, an allowable bag under this exemption would be one that is used to contain sliced meats and cheeses from a deli counter, a bag made specifically to hold a rotisserie chicken or small bag with solid base used to hold and stabilize containers of soup and other hot food such as chili, etc.

Yes. A "food pantry" is defined as 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.” To the extent a senior center, school, or nonprofit organization is providing meals to individuals and/or children in need of assistance, those entities would be included in the definition of food pantry.

Yes. The rules continue the Laws’ permanent exemption for bags used solely to package loose items such as fruits, vegetables, nuts, coffee, grains, baked goods, candy, greeting cards, flowers, or small hardware items. This exemption would include products like donuts and bagels as they would be considered baked goods.

Please note that these exempt bags are different and distinct from single-use plastic carryout bags.

Yes. Single-use plastic packaging is not covered by this Law or implementing rules.

Yes, ice bucket liners are not considered carryout bags and are allowable.

A food service establishment located in a grocery store that is under the common ownership or control as the grocery store is considered part of that grocery store and would not be permitted to provide single-use plastic or single-use paper carryout bags.

Yes, single-use plastic carryout bags may be sold if the purchase is made, and the purchaser is located outside of the State of New Jersey.

While compostable plastics could be considered more eco-friendly than petroleum-based plastics since they can be degraded without leaving a toxic residue and without producing methane, there is still much to learn about this relatively new alternative. However, under current circumstances and the lack of infrastructure to responsibly manage the product, compostable plastics are considered single-use plastics meeting all four criteria for what defines “plastic” and are therefore not allowable under the rules.

The polystyrene foam food service products provision states no person shall sell or offer for sale in the State any polystyrene foam food service product.

Additionally, the rules state that no Food Service Business shall provide or sell any food in a polystyrene foam food service product.

• Meat and fish trays for raw or butchered meat, including poultry, or fish that is sold from a refrigerator or similar retail appliance, and
• Any food product pre-packaged by the manufacturer with a polystyrene foam food service product.

These exemptions will be in effect until May 4, 2026. The rules allow the DEP to extend any of the polystyrene foam food service product exemptions referenced above for additional periods not to exceed one year. These extensions will only be considered upon receipt of written documentation that there is no cost-effective and readily available alternative for the item.

Any extended exemptions will automatically expire after one year, but the DEP may extend any such exemptions beyond one year upon receipt of further documentation as outlined in the paragraph above.

Yes. A waiver, for a period not to exceed one year, may be requested for a polystyrene foam food service product or food in a polystyrene foam food service product upon a determination that one of the following conditions are met:

• there is no feasible and commercially available alternative for a specific polystyrene foam food service product; or
• the person or business has less than $500,000 in gross annual income and there is no reasonably affordable, commercially-available alternative to the polystyrene foam food service product.

If the applicant is seeking a waiver based on the premise that there is no feasible and commercially available alternative, then the applicant must submit documentation to support that claim. If the applicant is seeking a waiver because the person or business has less than $500,000 in gross annual income, the applicant must provide documentation of income, which could include tax return documents. In addition, the applicant should include multiple price quotes of alternative products that would meet the requirements of N.J.A.C. 7:26L to demonstrate that they are not “reasonably affordable.”

Waivers must be approved in writing by the DEP. Waivers may be extended by the DEP for periods not to exceed one year upon written application by the entity that received the waiver.

Yes, the rules do not exempt schools or non-profit businesses.

For additional information regarding the types of establishments covered by the law or how the rule affects them please refer to the DEP's List of Establishments and Applicable Provisions.

Yes, “any food product pre-packaged by the manufacturer with a polystyrene foam food service product” shall be exempt from the provisions of the rule until May 4, 2026. Therefore, provided that the retail establishment selling the eggs in the polystyrene foam egg carton receives the products from the manufacturer in the polystyrene foam egg carton, then they are permitted to sell the product until the exemption expires on May 4, 2026, unless extended.

Polystyrene foam coolers do not meet the definition of a polystyrene foam food service product and thus would be permitted for sale under the rules.

Yes, if both the purchaser and the delivery are outside the State of New Jersey.

Yes, manufacturers/distributors of polystyrene foam food products in NJ can continue to sell the following polystyrene foam food service products until May 4, 2026, unless otherwise extended by the Department:

1. meat and fish trays for raw or butchered meat, including poultry, or fish that is sold from a refrigerator or similar retail appliance;
2. any food product pre-packaged by the manufacturer with a polystyrene foam food service product; and
3. any other polystyrene foam food service product as determined necessary by the department.