Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Co-Sponsored by:
Assemblymen Conaway, Zwicker, Assemblywoman Jasey and Assemblyman Calabrese
SYNOPSIS
Provides for decrease and eventual ban on use of non-compostable plastic carryout bags.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning carryout bags, and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
“Carryout bag” means a bag provided by a store to a customer at the point of sale for the purpose of transporting groceries or other retail goods.
“Compostable plastic carryout bag” means a plastic carryout bag that meets the current American Society for Testing and Materials International standard (ASTM) D6400 for compostable plastic, as that standard may be amended from time to time.
“Department” means the Department of Environmental Protection.
“Operator” means a person in control of, or having responsibility for, the daily operation of a store, which may include, but need not be limited to, the owner of the store.
“Plastic carryout bag” means a carryout bag made from plastic.
“Recyclable paper bag” means a paper bag that meets all of the following requirements: (1) the bag contains no old growth fiber; (2) the bag is 100 percent recyclable overall and contains a minimum of 40 percent post-consumer recycled content; and (3) the bag displays the words “reusable” and “recyclable.”
“Reusable bag” means: (1) a carryout bag made of cloth or other machine washable fabric that has handles; or (2) a durable plastic carryout bag with handles that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse.
“Store” means any grocery store, supermarket, convenience store, liquor store, pharmacy, drug store, or other retail establishment that has over 1,000 square feet of retail space and that provides carryout bags to its customers as a result of the sale of a product. “Store” shall not mean a restaurant.
2. a. Beginning one year after the effective date of this act, every operator of a store shall reduce the number of non-compostable plastic carryout bags the store provides to customers by 50 percent of the store’s current volume or number.
b. Beginning three years after the effective date of this act, no store shall provide a non-compostable plastic carryout bag to a customer.
3. No later than one year after the effective date of this act, every operator of a store shall submit a report to the department documenting the store’s actions, pursuant to subsection a. of section 2 of this act, to reduce the number of non-compostable plastic carryout bags the store provides to customers.
4. Beginning three years after the effective date of this act, every operator of a store shall provide as carryout bags to customers recyclable paper bags, compostable plastic carryout bags, or reusable bags, or any combination thereof.
5. a. A person who violates any provision of this act shall be subject to a penalty of not less than $5,000 nor more than $10,000 for each offense, to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court shall have jurisdiction to enforce the provisions of the “Penalty Enforcement Law of 1999" in connection with this act. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense.
b. The department may institute a civil action for injunctive relief to enforce this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
6. The department shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B‑1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this act.
7. This act shall take effect immediately.
STATEMENT
This bill provides for the decrease and eventual ban on the use of non-compostable plastic carryout bags at stores. Specifically, beginning one year after the effective date of the bill, every operator of a store, as defined in the bill, must reduce the number of non-compostable plastic carryout bags the store provides to customers by 50 percent of the store’s current volume or number. Beginning three years after the effective date of the bill, no store would be permitted to provide a non-compostable plastic carryout bag to a customer. A person who violates any provision of the bill would be liable to a penalty of not less than $5,000 and not more than $10,000 for each offense, and each day during which the violation continues would constitute a separate offense.
No later than one year after the effective date of the bill, every operator of a store would be required to submit a report to the Department of Environmental Protection documenting the store’s actions to reduce the number of non-compostable plastic carryout bags the store provides to customers.
Beginning three years after the effective date of the bill, every operator of a retail store must provide as carryout bags to customers recyclable paper bags, compostable plastic carryout bags, or reusable bags, or any combination thereof.