S3831

An Act concerning the provision of single-use paper carryout bags by grocery stores, 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 1 of P.L.2020, c.117 (C.13:1E-99.126) is amended to read as follows:

1. The Legislature finds and declares that, since 1950, global annual production of plastics has increased from two million tons to over 381 million tons; that approximately one third of all plastics produced are single-use plastics, which are plastics designed to be used only once and then thrown away; and that an estimated 100 billion single-use plastic carryout bags and 25 billion styrofoam plastic coffee cups are thrown away in the United States each year.

The Legislature further finds that, in 2017, only 8.4 percent of plastics in the United States were recycled; that most single-use plastics are disposed of in landfills, are incinerated, or become litter in waterways and oceans; that plastics released in the environment do not biodegrade, but instead break down into smaller pieces, known as microplastics, which accumulate in the natural environment and are eaten by fish and other marine life; and that microplastic pollution moves through natural food webs and accumulates in fish and shellfish tissues, which means microplastics and associated pollutants can move into the food chain.

The Legislature further finds that approximately eight million tons of plastic end up in the oceans annually; that, without action, scientists estimate that by 2050 the mass of plastic pollution in the ocean will exceed the mass of fish; that currently, there is a collection of litter in the North Pacific Ocean, known as the Great Pacific Garbage Patch, that is 7.7 million square miles and is composed primarily of plastics; that one study found plastics in the gut of every sea turtle examined and in 90 percent of seabirds examined; and that plastics have been known to cause death or reproductive failure in sea turtles, birds, and other organisms that ingest plastic.

The Legislature further finds that, as plastics break down through photodegradation, they release harmful chemicals such as bisphenol A (BPA) into the environment that have been linked to health problems in humans; that these chemicals enter the food chain when consumed by marine life; and that single-use plastic waste creates visual pollution, degrades water quality, and impacts the tourism, fishing, and shipping industries, all of which are major contributors to the New Jersey economy.

The Legislature therefore determines that it is no longer conscionable to permit the unfettered use and disposal of single-use plastics in the State; that New Jersey must do its part to minimize plastic pollution in the ocean, and to ensure that future generations have a clean and healthy environment to live, work, and recreate in; that banning or limiting the use of single-use plastic carryout bags, polystyrene foam food service products, and single-use plastic straws is a significant step in this effort, as these items are among the most significant sources of beach and ocean pollution; that New Jersey joins several other states and hundreds of municipalities across the country in banning or limiting the use of single-use plastics; and that such bans and limitations have drastically lowered consumer consumption of single-use plastics.

The Legislature further finds that single-use paper carryout bags use as much or more energy and resources to manufacture and transport than single-use plastic carryout bags and contribute to harmful air emissions. Consequently, the Legislature further determines that it is in the public interest to prohibit grocery stores from providing single-use paper carryout bags , in most instances.

The Legislature further finds that the State's nascent hemp-growing industry, regulated through the New Jersey Department of Agriculture's Division of Plant Industry, would be a significant force in creating biodegradable raw materials that can be turned into hemp-based bio-packaging, which breaks down in approximately 90 days versus the dozens of years it takes petroleum-based plastics to break down into microplastics in the ocean.

(cf: P.L.2020, c.117, s.1)

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 that a single-use paper carryout bag may be provided or sold to customers for a fee for groceries bagged for delivery.

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 store, food service business, or grocery store shall repurpose cardboard boxes obtained through the delivery of goods to the maximum extent feasible. Cardboard boxes may be reused for the delivery of groceries or other food items, or for any other appropriate purpose.

4. This act shall take effect immediately.

STATEMENT

This bill eliminates the prohibition on the provision of single-use paper carryout bags by grocery stores for groceries bagged for delivery. Under the bill, single-use paper carryout bags would be permitted to be provided or sold for a fee by grocery stores solely for delivery orders. In addition, this bill requires certain retailers to repurpose cardboard boxes obtained through the delivery of goods to deliver groceries, other food items, or for any other appropriate purpose, to the maximum extent feasible.