OFFICIAL SITE OF THE STATE OF NEW JERSEY

• Beginning May 4, 2022, the law prohibits all Stores (including retail), Food Service Businesses, and Grocery Stores from selling to, or providing their customers with, single-use plastic carryout bags. In addition, Grocery Stores larger than 2,500 square feet may not provide or sell single-use paper carryout bags, and instead may provide or sell only reusable carryout bags.
• Definitions:
  • “Store” is any grocery store, convenience store, liquor store, pharmacy, drug store, or other retail establishment.
  • “Food Service Business” sells or provides food for consumption on or off the premises, including, but not limited to, 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.
  • “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.

• A “reusable carryout bag” must be:
  1. Made of polypropylene fabric, PET nonwoven fabric, nylon, cloth, hemp product, or other washable fabric; and
  2. Have stitched handles;
  3. Be designed and manufactured for multiple reuses.

• Beginning May 4, 2022, the law prohibits all persons and food service businesses from selling/offering for sale any polystyrene foam food service product and prohibits all food service businesses from selling/providing any food served in a polystyrene foam food service product.
• The following products are exempt until May 4, 2024 unless otherwise extended by the DEP:
  • Disposable, long-handled polystyrene foam soda spoons when required and used for thick drinks.
  • Portion cups of two ounces or less, if used for hot foods or foods requiring lids.
  • Meat and fish trays for raw or butchered meat, including poultry, or fish that is sold from a refrigerator or similar retail appliance.
  • Any food product pre-packaged by the manufacturer with a polystyrene foam food service product.
  • Any other polystyrene foam food service product as determined necessary by the DEP.
• A “polystyrene foam food service product” is defined as 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.
• Further exemptions and requests for waivers for polystyrene foam food service products may be submitted to the Department of Environmental Protection (DEP) on forms to be prescribed.
• Contact for the NJDEP Division of Sustainable Waste Management is singleuseplastics@njdepwptest.net or 609-984-4250

• Beginning on November 4, 2021, food service businesses shall only provide a single-use plastic straw to a customer upon request by the customer. Food service businesses are required to keep an adequate supply of single-use plastic straws. Stores may continue to sell packages of single-use plastic straws and provide/sell a beverage pre-packaged by the manufacturer with a single-use plastic straw, i.e., juice boxes

• A person or entity that violates the law will be warned for a first offense, may be fined up to $1,000 per day for the second offense, and may be fined up to $5,000 per day for the third and subsequent violations. Violations of a continuing nature constitute an additional, separate, and distinct offense for each day that is deemed a violation.
• The DEP, municipalities and any entity certified pursuant to the “County Environmental Health Act” are authorized to enforce the law.

Timeline for Implementation of the Law

List of Establishments and Applicable Provisions

Full Legislation – P.L. 2020 c.117

Waiver Application for Polystyrene Foam Food Service Products

PAC Report Fact Sheet

Bagless Delivery Food Safety Fact Sheet for Grocery Stores and Delivery Companies