By Sylvia Kay, Zero Waste Coordinator NJ Ex. Com.
Adapted from an article appearing in the July-Sept 2021 Jersey Sierran
The NJ Senate, Assembly and Governor Murphey should be applauded for passing the strongest Single Use Plastic Bill in the country in the fall of 2020. This Bill bans SU Plastic carry out bags and paper bags, plastic straws and polystyrene (aka styrofoam) food containers. The 60 plus NJ municipalities and the various non-profit organizations must be applauded for the constant push they exercised to help pass Bill S864/A1978. This Bill has a phased enactment which is set to start 18 months after the Governor’s signing in 11/2020. S864 is a sweeping but thoughtful piece of legislation.
Plastic legislation has been a hot topic across the country. There were 25 bills about plastic bans introduced in state legislatures in 2019. S864/A1978 is more comprehensive than any other state bill. At this point in time, ten states have passed a ban on SU plastic bags including: California, New York, New Jersey, Connecticut, Delaware, Vermont, Maine, Oregon, Washington State and Hawaii. Unfortunately,it is significant that at this time there are fourteen states which have passed or are strongly considering preemptive legislation to prevent bans including: Florida, Idaho, Mississippi, Missouri, North Dakota, Oklahoma, Tennessee, Ohio, and Wisconsin.
Passing a State Plastic Ban Law is responsible governance and provides advantages not available on local levels:
- Uniform regulations for small and larger stores
- Staffing and Resources to create effective enforcement systems
- Staffing and Resources to effectively data collect and name advisory boards
- Staffing and Resources to create a hub for new product knowledge and education
- Staffing and Resources to adjudicate hardship exemptions for smaller businesses or for appropriate product replacements
The NJ Secretary of State Tahesha Way and the DEP Acting Commissioner Shawn Tourette have just released materials to educate and support businesses for a successful transition. Highlights include:
- Ban start date of 11/4/2021 for the ban of plastic straws (with an exemption for special requests)
- Ban start date of 5/4/2022 for single use bags – plastic and paper
- Ban start date of 5/4/2022 for most polystyrene food containers
- Ban start date of 5/4/2024 for specific polystyrene items including very small cups (2 ounces or less), long handled foam soda spoons, and meat, poultry and fish trays sold from a refrigerator or cooler, and “any food product pre-packaged” with a polystyrene tray or container
Like all other SU bans, S864 bans only the carry out bags. It does not affect thin bags used to package in store loose food items, produce or fruit, newspapers, laundry or garment bags, bags used for transport of medicine or live animals. Further exceptions include exemptions for small stores (less than 2,500 sq. feet) from a ban of paper bags. Waivers for polystyrene food container products can be applied to meet specific situations or hardships. The State has specified details on acceptable reusable bags:
- “Bags made of polypropylene fabric, PET non-woven fabric, nylon, cloth, hemp product, or other washable fabric and
- Bags with stitched handles and
- Bags designed and manufactured for multiple reuses”
(www.nj.gov/dep/dshw/plastic-ban-law)
For More Information on NJ Regulations: www.nj.gov/dep/dshw/plastic-ban-law
Business.NJ.Gov: www.BagUpNJ.com; www.njclean.org
Sources:
www.earthday.org/a-third-of-the-us-has-laws-preventing-plastic-bans/ 1/2020www.nationalgeographic.com/environment/article/map-shows-the-complicated-landscape-of-plastic-bans#clos, 8/2019
www.ncsl.org/research/environment-and-natural-resources/plastic bag, 2/2020