Categories: United States

Ban on single-use plastic bags soon goes into effect in NJ: We clarify your doubts

The law not only bans single-use plastic bags, but also certain types of takeout containers.

What would be the nation’s strictest single-use plastic and paper bag ban going into effect in the Garden State on May 4, a rule that groceries, supermarkets, and other businesses must abide by?

While the law passed in November 2020, lawmakers allowed an 18-month grace period for businesses and consumers to prepare for the changes. However, in just weeks there will be no more extensions. 

The law not only bans single-use plastic bags, but also certain types of takeout containers.

Retail and non-grocery stores may still provide paper bags. This means that a clothing store can deliver the purchase in a paper bag.

But large grocery stores and supermarkets with facilities larger than 2,500 square feet will not be allowed to package groceries in paper bags. 

Stores cannot require customers to purchase a reusable bag, so customers will need to bring one with them to shop for groceries. 

If you are a business owner and have questions, you can visit business.nj.gov for more details.

 

WHAT HAPPENS WHEN THE LAW COMES INTO FORCE?

Starting May 4, stores across the state will no longer be able to give you a single-use plastic bag when you pay at the register.

The reason New Jersey’s law is the strictest in the nation is that it goes a step further and also prohibits grocery stores from giving or selling paper bags. Instead, they may sell you reusable bags, or they may give them to you for free.

WHAT ARE THE EXCEPTIONS TO THE BAN ON PLASTIC BAGS?

  • A bag is used solely to contain or wrap uncooked meat, fish, or poultry.
  • A bag is used solely for packing loose items such as fruits, vegetables, nuts, coffee, grains, baked goods, candy, greeting cards, flowers, bulk foods, or small hardware items.
  • A bag is used solely to contain live animals, such as fish or insects that are sold in a pet store.
  • A bag is used solely to contain freshly cut or freshly prepared food, including hot food.
  • A bag for clothes and dry cleaning.
  • A bag provided by a pharmacy to carry prescription medications.
  • A bag for newspapers.
  • Any similar bag, as determined by the New Jersey Department of Environmental Protection (DEP) under rule, regulation, or guidance.

FINES FOR BREACH

The individual or entity violating the law will be warned for the 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 offenses. Violations of a continuing nature constitute an additional, separate, and distinct offense for each day that a violation is considered.

DEP, municipalities, and any entity certified under the “County Environmental Health Law” are authorized to enforce the law.

WHAT OTHER SINGLE-USE CONTAINERS ARE PROHIBITED UNDER THE NEW LAW?

Effective May 4, the law prohibits all persons and foodservice businesses from selling or offering for sale any Styrofoam foodservice products and prohibits all foodservice businesses from selling or providing any food served in a Styrofoam foodservice product.

The following products are exempt until May 4, 2024:

  • Disposable Styrofoam Long Handled Soda Spoons when required and used for thick beverages.
  • Two-ounce serving cups or less, if used for hot foods or foods that require lids.
  • Meat and fish trays for raw or quartered meat, including poultry, or fish sold from a refrigerator or similar retail appliance.
  • Any food product prepackaged by the manufacturer with a Styrofoam food service product.
  • Any other Styrofoam foodservice product as determined by DEP.

A “Styrofoam foodservice product” is defined as a product made, in whole or in part, of Styrofoam that is used to sell or provide food or beverages, and includes, but is not limited to, a container for food, a plate, or cup of cold drink, meat or vegetable tray, cutlery or egg carton.

WHAT ABOUT PLASTIC STRAWS?

There is already a law that regulates them. As of November 4, 2021, food service businesses can only provide single-use plastic straws to a customer who requests them. 

Stores may continue to sell packages of single-use plastic straws and provide/sell a beverage prepackaged by the manufacturer with a single-use plastic straw, such as juice boxes or flavored milk. 

WHAT TO EXPECT IN THE STORES?

Residents of the Garden State will start seeing messages about the change in all manner of stores, starting in the next week or so. 

“You will start to see messages in shopping carts, there will be videos playing at the point of sale,” said Linda Doherty, president, and CEO of the New Jersey Food Council. “We anticipate seeing a great outreach program coming from the supermarket industry.”

Doherty said she doesn’t anticipate chaos at the front of stores when the big day arrives — there will be plenty of customers forgetting their reusable bags — but that’s already happening now.

“I think before launch … you’ll see reusable bags in supermarkets, you’ll see discounted reusable bags for sale,” Doherty added.

To ease the transition for buyers, unique platforms that already exist in other states are coming to New Jersey in time for the ban. For example, GOATOTE, a reuse system that allows shoppers to “check out” reusable bags and then return them for cleaning when they’re done, will hit 10 New Jersey locations by May 4.

ShopRite plans to have a large and sufficient supply of reusable bags available for customers on May 4, in case there is a last-minute rush for products, according to spokeswoman Karen Melitta.

At some ShopRite locations, you could end up seeing single-use bags disappear before May 4, Melitta added. Now they are trying to end their supply of paper and plastic.

Meanwhile, the supermarket chain is working out the details of how it plans to handle online orders for pickup or delivery (e-commerce orders are included in the bag ban). ShopRite’s service already comes with a fee.

Walmart said it is working to roll out bagless pickup options across the country.

“To help our New Jersey customers adjust to the state rule that will ban the distribution of single-use bags beginning May 4, we will launch an in-store communication program beginning in April. Our associates will be focused on helping customers navigate this transition,” the company said.

WHY CAN’T I PAY FOR A PAPER BAG IN A SUPERMARKET, AS IS ALLOWED IN NEW YORK CITY OR CALIFORNIA?

The ban on handing out paper bags in supermarkets is what makes New Jersey’s law the strictest in the country.

Supermarkets, which have a formidable lobbying force in Trenton, fought to ban paper bags in return for supporting a plastic bag ban as the bill was debated and rewritten for several years.

Supermarkets didn’t want the added expense of providing paper bags, which cost three to four times more than plastic, are heavier to carry, and take up more storage space.

Stores in New York City and California charge a minimum of 5 cents and 10 cents, respectively, for paper bags.

Paper bags can still be distributed for free at any other type of store in New Jersey.

CAN I PUT MY PLASTIC BAGS IN MY CURBSIDE RECYCLING CONTAINER?

No. Some cities even impose fines if you find takeout.

IF RESTAURANTS CAN NOT USE FOAM CONTAINERS, HOW WILL A CUSTOMER TAKE THEIR FOOD HOME?

The law is very specific on this. It only bans Styrofoam containers, commonly known as Styrofoam.

Do not prohibit hard plastic containers. Restaurants can also use more environmentally friendly cartons that biodegrade.

The ban includes food containers, plates, cups for hot or cold drinks, meat or vegetable trays, cutlery, and egg cartons made of Styrofoam.

WILL CUSTOMERS NEED TO USE THEIR BAGS TO PURCHASE CLOTHING AND HOUSEHOLD ITEMS?

It depends on the store. The plastic bag ban applies to all stores, regardless of what they sell.

On the other hand, the ban on paper bags applies only to supermarkets. So any store that isn’t a supermarket (a department store, a clothing boutique, an electronics store) can still give out paper bags if they choose.

CAN I STILL BUY PLASTIC TRASH BAGS?

Yes. You will still be able to buy and use plastic garbage bags, sandwich bags, freezer bags, and dog waste bags. 

WHAT ABOUT THE PLASTIC BAGS IN WHICH THEY WRAP THE SEAFOOD OR THE MEAT?

Allowed, in addition to other exceptions, including dry cleaning bags, plastic pharmacy bags, newspaper bags, bags for loose bulk foods (such as baked goods, nuts, coffee, etc.), bags at the pet store for live animals like crickets or goldfish and bags for small hardware items.

WHY DOES THE LAW PROHIBIT PAPER BAGS? ARE THEY NOT BETTER FOR THE ENVIRONMENT?

Contrary to popular belief, paper bags are not the best for the environment, plus they are more expensive. 

“Single-use paper bags use as much or more energy and resources to manufacture and transport than single-use plastic bags and contribute to harmful emissions into the air,” according to the legislation. 

A 2014 study by the Progressive Bag Alliance found that making paper bags uses more fossil fuels than plastic, produces more solid waste than plastic, and creates more greenhouse gas emissions than plastic. It also takes more water to make them. 

DOES THE LAW APPLY TO FOOD PANTRIES?

Yes, but they have been granted a six-month extension to make the change. The state is also distributing 500,000 reusable bags to food pantries to help them get started.

CAN I STILL BUY FOAM PLATES AND CUPS IN THE SUPERMARKET?

No, those items will not be allowed to be purchased in stores beginning May 4. Plastic utensils, plates, and cups are allowed, as are paper plates and cups, but no Styrofoam, depending on the state.

This post was last modified on June 1, 2022 12:34 pm

Leena Wadia

Linguist-translator by education. I have been working in the field of advertising journalism for over 9 years.

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