New Jersey Recycled Content Packaging
In January 2022, the state of New Jersey enacted a law establishing post-consumer recycled (PCR) content in plastic and glass packaging and prohibiting the sale of polystyrene loose-fill packaging (Source: New Jersey's Recycled Content Law (P.L. 2021, c. 391).
The regulation is intended to stimulate recycling markets by requiring manufacturers to meet minimum recycled content standards for covered products sold or offered for sale in New Jersey.
Registration and Exemptions
Manufacturers of products covered under the legislation are required to register annually with the New Jersey Department of Environmental Protection (DEP) and pay an annual registration fee of $1,000. As part of the registration process in 2023, manufacturers are required to submit a list of brands of covered products.
Food containers are exempt from the law's post-consumer recycled content requirements for five years (January 2022 to January 2027). Manufacturers with annual gross revenues of less than $5 million are exempt from paying the registration fee. However, manufacturers whose gross revenue is less than $5 million will not be exempt from complying with the PCR content standards in the law, unless all of the manufacturer’s regulated containers and packaging products meet the law’s exemption criteria. The revenue exemption applies to a company's total gross revenues and is not specific to revenue for products sold only in New Jersey.
Included Products
- Beverages
- Spirits
- Beer & wine
- Household care
- Personal care
- Automotive care
- Pet care
Excluded Products
- Milk products
- Plant-based products with names such as "milk"
- Medical foods
- Foods for special dietary use
- Infant formula
- Drugs
- Dietary supplements
- Cosmetics
- Toxic/hazardous materials
- Food (exempt for 5 years)
Plastic Packaging
Taking effect in 2024, the regulation requires that single-use plastic beverage bottles sold in the state contain, on average, at least 15% PCR content. In 2027 and every three years thereafter, the percentage of PCR content in beverage containers will increase by 5% until reaching a maximum of 50%. Hot-filled plastic beverage bottles will be capped at 30% PCR content.
Beginning in 2024, all other rigid plastic containers with a minimum capacity of eight fluid ounces or its equivalent volume and a maximum capacity of five fluid gallons or its equivalent volume must contain, on average, 10% PCR content. In 2027 and every three years thereafter, the percentage of PCR content will increase by 10% until reaching a maximum of 50% in 2036.
Polystyrene loose-fill packaging — commonly known as packing peanuts — will be banned in 2024.
Glass Packaging
Beginning in 2024, all glass containers filled with foods or beverages sold in the state are required to contain, on average, at least 35% post-consumer recycled content. However, if a manufacturer certifies that its PCR content contains at least 50% mixed-color cullet, then the manufacturer's glass containers will only be required to contain, on average, 25% PCR content.
Enforcement & Penalties
Manufacturers in violation of the law are subject to a civil administrative penalty of between $1,000 and $25,000 for each violation. The New Jersey DEP will assess a civil administrative penalty on a per-pound basis for each pound of virgin material used by a manufacturer in its products where recycled material is required.
Any manufacturer who knowingly, purposely, or recklessly makes a false or misleading statement on any certification or registration may be guilty of a third-degree crime and subject to a fine of up to $50,000 and restitution.
The information contained in this article is intended for general information purposes only and is based on information available as of the initial date of publication. No representation is made that the information or references are complete or remain current. This article is not a substitute for review ofcurrent applicable government regulations, industry standards, or other standards specific to your business and/or activities and should not be construed as legal advice or opinion. Readers with specific questions should refer to the applicable standards or consult with an attorney. It is the customer’s responsibility to determine whether its filled product is subject to any applicable government regulations and to ensure compliance with such regulations.