Bill Text: NJ A4029 | 2022-2023 | Regular Session | Introduced
Bill Title: Allows stores, and certain other establishments, to provide and sell compostable plastic bags and recycled paper bags to customers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-05-16 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4029 Detail]
Download: New_Jersey-2022-A4029-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Allows stores, and certain other establishments, to provide and sell compostable plastic bags and recycled paper bags to customers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of compostable plastic bags and recycled paper bags amending 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.):
"ASTM" means the American Society for Testing and Materials.
"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.
"Compostable plastic bag" means a bag made of plastic that meets the ASTM D6400 Standard Specification for Compostable Plastics.
"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, 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 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.
"Post-consumer waste material" means a material or product that would otherwise become solid waste, having completed its intended end use and product life cycle; except that "post-consumer waste material" shall not include secondary waste material or materials and by-products generated from, and commonly used within, an original manufacturing and fabrication process.
"Recycled paper bag" means a paper bag that is made from recycled paper or paper products, is 100 percent recyclable, and contains at least 40 percent post-consumer waste material.
"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.
"Secondary waste material" means waste material generated after the completion of a manufacturing process.
"Single-use paper carryout bag" means a carryout bag made of paper that is not a reusable carryout bag. "Single-use paper carryout bag" shall not include a recycled paper bag.
"Single-use plastic carryout bag" means a carryout bag made of plastic that is not a reusable carryout bag. "Single-use plastic carryout bag" shall not include a compostable plastic bag.
"Store" means any grocery store, convenience store, liquor store, pharmacy, drug store, or other retail establishment.
(cf: P.L.2020, c.117, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill would amend P.L.2020, c.117 (P.L.2020, c.117 (C.13:1E-99.126 et al.), which prohibits grocery stores, food service businesses, stores, food banks, and food pantries from providing or selling a single-use plastic carryout bag to a customer and prohibits grocery stores from providing or selling a single-use paper carryout bag to a customer, to allow these establishments to provide and sell compostable plastic bags and recycled paper bags.
As defined by the bill, "compostable plastic bag" means a bag made of plastic that meets the American Society for Testing and Materials (ASTM) D6400 Standard Specification for Compostable Plastics and typically includes bags that are referred to as "biodegradable." "Recycled paper bag" means a paper bag that is made from recycled paper or paper products, is 100 percent recyclable, and contains at least 40 percent post-consumer waste material.
Under the bill, grocery stores, stores, food service businesses, food banks, and food pantries would be permitted to provide and sell compostable plastics bags that meet the ASTM D6400 Standard Specification for Compostable Plastics to customers. The ASTM D6400 Standard for Specification for Compostable Plastics is the industry's premier standard for compostable plastics, and the specification requires that biodegradable and compostable plastic products are able to completely decompose in a composting setting within a specific time frame and that no harmful residues or materials are left behind. If not properly disposed of, traditional single-use plastic bags can end up in the State's environment. Traditional single-use plastic bags do not biodegrade, but instead, break down into smaller pieces, known as microplastics, which can accumulate in the food chain. Unlike traditional single-use plastic bags, compostable plastic bags that meet the ASTM 6400 standard are able to biodegrade, under proper circumstances, and therefore, are better for the environment.
In addition, under the bill, grocery stores would be able to provide and sell recycled paper bags to customers. According to the United States Environmental Protection Agency (EPA), more than 52.6 million tons of waste paper was recovered for recycling in the United States in 2018. This equates to a 68.1 percent recycling rate, which is the highest recycling rate compared to other categories of municipal solid waste. Recycling paper, and paper products, saves trees, landfill space, and water while reducing greenhouse gas emissions. In addition, recycled paper can be easily repurposed into other products, including recycled paper bags.
While paper bags are already recyclable and biodegradable, recycled paper bags are far better for the environment since they are made of recycled paper and paper products. Allowing grocery stores to provide and sell recycled paper bags will support the State's recycling efforts and increase the recycling of paper. Prohibiting grocery stores from providing customers with recycled paper bags is detrimental to the State's recycling of paper.
This bill would enhance the State's recycling industry and provide more convenient bag options for customers while protecting the environment. Providing establishments with the ability to provide and sell more types of bags, including compostable plastic bags and recycled paper bags, would also limit confusion concerning which types of bags establishments are permitted to provide and sell.
