Bill Text: NJ A4741 | 2022-2023 | Regular Session | Introduced
Bill Title: Eliminates prohibition on provision of single-use paper bags by grocery stores for certain orders for five years; allows packaging options for grocery orders; requires program for disposition of reusable bags for grocery orders.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-10-11 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4741 Detail]
Download: New_Jersey-2022-A4741-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Eliminates prohibition on provision of single-use paper bags by grocery stores for certain orders for five years; allows packaging options for grocery orders; requires program for disposition of reusable bags for grocery orders.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning bagging options for grocery stores and third party grocery delivery services, and amending and supplementing 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.):
"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.
"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.
"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.
"Single-use paper carryout bag" means a carryout bag made of paper that is not a reusable carryout bag.
"Single-use plastic carryout bag" means a carryout bag made of plastic that is not a reusable carryout bag.
"Store" means any grocery store, convenience store, liquor store, pharmacy, drug store, or other retail establishment.
"Third party grocery delivery service" means a third party service that employs personal shoppers to shop for, pick up, and deliver groceries to customers.
(cf: P.L.2020, c.117, s.2)
2. Section 3 of P.L.2020, c.117 (C.13:1E-99.128) is amended to read as follows:
3. a. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.):
(1) no store or food service business shall provide or sell a single-use plastic carryout bag to a customer; and
(2) no grocery store shall provide or sell a single-use paper carryout bag to a customer , except as provided in section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic carryout bags or single-use paper carryout bags after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
c. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), this section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic carryout bags or single-use paper carryout bags that was enacted prior to the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).
d. Notwithstanding the provisions of subsection a. of this section to the contrary, beginning 24 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no food bank or food pantry shall provide a single-use plastic carryout bag to a customer.
As used in this subsection:
"Food bank" means the same as the term is defined in section 2 of P.L.1982, c.178 (C.24:4A-2).
"Food pantry" means 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.
(cf: P.L.2022, c.6, s.1)
3. (New section) a. A grocery store or third party grocery delivery service may provide, or sell to customers for a fee, any of the following packaging options for groceries prepared for delivery, pickup, or curbside pickup: (1) single-use paper carryout bags, provided that the bags contain at least 40 percent postconsumer recycled content; (2) cardboard boxes; or (3) reusable bags. A grocery store or third party grocery delivery service that provides customers more than one packaging option shall allow the customer to choose one of the available packaging options. Five years after the effective date of this section, a grocery store or third party grocery delivery service shall not provide or sell to customers single-use paper carryout bags or cardboard boxes for groceries prepared for delivery, pickup, or curbside pickup.
b. A grocery store or third party grocery delivery service may provide customers the option of receiving unpackaged groceries to an exterior receptacle provided by the customer, such as a cooler or other container made to preserve perishable goods, where the groceries can be safely delivered.
c. No later than 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), a grocery store or third party grocery delivery service that provides reusable bags for home delivery, pickup, or curbside pickup, shall provide customers an optional reusable bag takeback service, and establish (1) a reuse program to provide for the return, sanitation, and reuse of the reusable bags returned by customers, or (2) a recycling program for the return and recycling of the reusable bags returned by customers. A grocery store or third party grocery delivery service that provides returnable reusable bags shall not charge customers a fee for a returned reusable bag. Under the reuse program, the reusable bags shall continue to be reused for home delivery, pickup, or curbside pickup until the bags are soiled, damaged, or exhibit substantial wear and tear, and can no longer be reused.
4. This act shall take effect immediately.
STATEMENT
This bill authorizes a third party grocery delivery service or a grocery store to provide, or sell to customers for a fee, any of the following options for groceries prepared for delivery, pickup, or curbside pickup: 1) single-use paper carryout bags, provided that the bags contain at least 40 percent postconsumer recycled content; 2) cardboard boxes; or 3) reusable bags. Under the bill, if a grocery store or third party grocery delivery service provides customers more than one packaging option, the customer may choose one of the available packaging options. A grocery store or third party grocery delivery service may also provide customers the option of receiving unpackaged groceries to a receptacle provided by the customer where the groceries can be safely delivered. Beginning five years after the bill's effective date, third party grocery delivery services and grocery stores would no longer be authorized to provide paper bags or cardboard boxes. Finally, the bill requires grocery stores and third party grocery delivery services that provide reusable bags for home delivery to establish a program for the return, sanitation, and reuse of the reusable bags, or a program to recycle the returned reusable bags.
