Statewide Plastic and Paper Bag Ban Is Now in Effect
The New Jersey law banning single-use plastic bags went into effect on May 4, 2022. The law bans plastic bags, regardless of thickness as well as paper bags at grocery stores and retail establishments.
The law also bans polystyrene foam takeout food containers and other products such as plates, cups, food trays and utensils. In addition, plastic straws are now only available upon request.
The law intends to reduce litter and encourage reusable options.
The Atlantic County Clean Communities Program, administered by the Atlantic County Utilities Authority (ACUA), is working with municipalities and community groups to get reusable bags in the hands of residents in time for the ban. Most recently, bag giveaways were performed at the Atlantic County 4H Club Electronics Recycling Event, Enlightened Farm, the ACUA Earth Day Festival, B.F. Mazzeo, Tilton Market and more.
Some eye-opening statistics about single-use plastics from Plastic Oceans: 50% of all plastic produced is for single-use purposes; 15 minutes is the average time one plastic bag is used for; 1 in 3 species of marine mammals have been found entangled in marine litter; and over 90% of seabirds have plastic pieces in their stomachs.
FREQUENTLY ASKED QUESTIONS
Does the state law override local ordinances?
Yes, once the implementation date (5/4/22) begins, the law will supersede and preempt any municipal or county rule. Local ordinances are in effect until the implementation of the state law for each product type. Existing ordinances for single-use bag and polystyrene food foam service products are active for 18 months. Existing local ordinances for straws are active for 12 months. Local ordinances can’t be enacted to be more stringent than state law.
Are ALL bags banned?
No, there are some plastic bags that are exempt from the ban:
Reusable plastic carryout bags with stitched handles
Bags used solely to wrap or hold raw meat, fish, or poultry
Bags used solely for loose items such as fruits, vegetables, nuts, coffee, grains, baked goods, candy, greeting cards, flowers or small hardware items
Bags used at pet stores to hold live animals, such as fish or insects
Bags used solely to contain food sliced or prepared to order such as soup or hot food
A laundry, dry cleaning, or garment bag
A bag provided by a pharmacy to carry prescription drugs
A newspaper bag
What about foam products? When will they be banned? How will that work?
After the initial ban on foam products takes effect (5/4/22), other products made from the same polystyrene material have another two-year grace period before being banned, starting in May 2024.
They are:
Disposable, long-handled polystyrene foam spoons for thick drinks.
Small cups of 2 oz. or less if used for hot foods or food that need lids.
Meat, poultry and fish trays for raw meat.
Pre-packaged items in polystyrene. (e.g., Cup of Noodles)
What are the penalties for not following the ban?
Any business violating the Act would get a warning or first offense, a fine up to $1,000 for a second offense and a fine of up to $5,000 for a third or subsequent offense, to be collected through civil action.
70% of the penalties will go to the State Clean Communities Fund.
30% of the penalties will go to the municipality.
