Sponsored by:
Assemblyman CRAIG J. COUGHLIN
District 19 (Middlesex)
SYNOPSIS
Exempts food banks and food pantries from law prohibiting sale and distribution of plastic and paper carryout bags by certain businesses.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the provision of carryout bags by certain food distribution organizations and government entities and amending P.L.2020, c.117.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 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.
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. The provisions of subsection a. of this section shall not apply to a food bank or a food pantry.
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.2020, c.117, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill would exempt food
banks and food pantries from section 3 of P.L.2020, c.117 (C.13:1E-99.128),
which prohibits
stores and food service businesses from selling or providing single-use plastic or paper carryout bags to customers.
As used in the bill "food bank" means "a nonprofit food clearinghouse that solicits, stores, and distributes donations of edible but unmarketable surplus food. The food is distributed to nonprofit organizations that feed the needy." The bill defines "food pantry" as "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."