NJ Recycled Content Law

• Rigid plastic containers
• Plastic beverage containers
• Glass containers
• Paper and plastic carryout bags; and
• Plastic trash bags

Applicability

• A person that produces or generates a rigid plastic container, paper carryout bag, plastic carryout bag, or plastic trash bag that does not contain a product and that is sold or offered for sale in the State; or
• A person that is the brand owner of a product that is sold or offered for sale in NJ and that is packaged in a rigid plastic container, plastic beverage container, or glass container, unless the brand owner identifies a licensee who agrees to accept responsibility under this act and the licensee informs the department in writing of the agreement; or
• In the absence of a person meeting the criteria in (1) or (2) of this definition over whom the Sate may exercise jurisdiction, a person who imports or distributes a product into or within the State that is sold or offered for sale in the State and that is packaged in a rigid plastic container, plastic beverage container, or glass container.

Requirements

• Rigid Plastic Container – at least 10% recycled content starting 2024, increasing by 10% every three years, to 50% by 2036.
• Plastic Beverage Container – at least 15% recycled content starting 2024, increasing by 5% every three years, to 50% by 2045.
  • Plastic Bottles Utilizing a Hot-Fill Process – at least 15% recycled content starting 2024, increasing 5% every three years, to 30% by 2033.
• Glass Container – at least 35% recycled content by 2024.
  • Glass Container with 50% Mixed-Color Cullet – at least 25% recycled content by 2024.
• Paper Carryout Bag – at least 40% recycled content by 2024.
  • Plastic Carryout Bags Designed to Hold <8lb – at least 20% recycled content by 2024.
• Plastic Carryout Bag – at least 20% recycled content by 2024, increasing to 40% by 2027.
• Plastic Trash Bag – based on thickness of the bag:
  • Between 0.70 – 0.80 mils thick – at least 5% recycled content by 2024, increasing to 10% by 2027.
  • Between 0.80 – 1.00 mils thick – at least 10% recycled content by 2024, increasing to 20% by 2027.
  • Greater than 1.00 mils thick – at least 20% recycled content by 2024, increasing to 40% by 2027.

Steps for Compliance

1. Determine whether your facility meets the definition of a “manufacturer.”
2. Complete the Regulated Containers and Packaging Products Spreadsheet.
3. Create an account with NJDEP Online and submit your registration.
4. After successful submittal, you will receive a confirmation email that the registration was submitted successfully, and another follow-up confirmation once the Department has reviewed and accepted the registration.

Exemptions

• Rigid Plastic Containers:
  • Materials destined for shipment outside of the state;
  • Contains drugs, dietary supplements, medical devices, or cosmetics;
  • Contains regulated toxic or hazardous products;
  • Is manufactured for use in the shipment of hazardous materials and is: prohibited from being manufactured with used material by federal packaging material specifications, subject to testing standards, subject to the recommendations of the United Nations on the transport of dangerous good; or
  • A refillable or reusable container.
• Trash Bags:
  • If manufactured to hold, store, or transport regulated hazardous waste or medical waste.
• Any Regulated Contains or Packaging Product:
  • Milk products;
  • Plant-based products with names that include the names of dairy foods;
  • Medical foods;
  • Food for special dietary use; or
  • Infant formula.
• A Package or Container that Contains Food:
  • Temporarily exempt for a period of five (5) years

What’s Next?