Title 13, Title 13: CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS

13:1E-99.120 Public education program; enforcement. 2. a. The Department of Environmental Protection shall establish a public education program to assure the widespread dissemination of information concerning the prohibition contained in section 1 of this act. b. The department s…

13:1E-99.121 Violations, penalties. 3. a. Any person convicted of a violation of this act shall be subject to a penalty of up to $2,500 for each offense, to be collected by the State in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, …

13:1E-99.122 Definitions relative to food waste. 1. As used in P.L.2020, c.24 (C.13:1E-99.122 et al.): "Alternative authorized food waste recycling method" means: (1) recycling food waste at the site at which it is generated as authorized by the Department of Environmental Protec…

13:1E-99.123 Requirements for large food waste generator; violations, penalties. 2. a. Beginning 18 months after the effective date of P.L.2020, c.24 (C.13:1E-99.122 et al.), each large food waste generator, for each individual establishment or location owned or operated by the l…

13:1E-99.124 Economic benefit for municipality. 3. a. Any municipality within which an authorized food waste recycling facility is located, pursuant to an adopted district solid waste management plan approved after the effective date of P.L.2020, c.24 (C.13:1E-99.122 et al.), sha…

13:1E-99.125 Food Waste Recycling Market Development Council. 4. a. There is established in the Department of Environmental Protection a Food Waste Recycling Market Development Council, which shall consist of 12 members. The members shall include the Commissioner of Environmental…

13:1E-99.126 Findings, declarations relative to certain single-use products. 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 pro…

13:1E-99.127 Definitions relative to certain single-use products. 2. As used in P.L.2020, c.117 (C.13:1E-99.126 et al.): "Carryout bag" means a bag that is provided by a store or food service business to a customer for the purpose of transporting groceries, prepared foods, or ret…

13:1E-99.128 Dispensing of single-use plastic carryout bags prohibited. 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 …

13:1E-99.129 Dispensing of polystyrene form food service products prohibited. 4. a. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no person shall sell or offer for sale in the State any polystyrene foam food service product. b. Beginning…

13:1E-99.13 District recycling plan. 3. a. Each county shall prepare and adopt a district recycling plan to implement the State Recycling Plan goals. Each district recycling plan shall be adopted as an amendment to the district solid waste management plan required pursuant to the…

13:1E-99.130 Dispensing of single-use plastic straws. 5. a. Beginning one year after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), a food service business shall only provide a single-use plastic straw to a customer upon the request of the customer. b. A food serv…

13:1E-99.131 Violations, penalties. 6. a. Any person or entity that violates a provision of P.L.2020, c.117 (C.13:1E-99.126 et al.), or any rule or regulation adopted pursuant thereto, shall be subject to a warning for a first offense, up to $1,000 for a second offense, and up to…

13:1E-99.132 Plastics Advisory Council. 7. a. There is established in the Department of Environmental Protection the Plastics Advisory Council. The council shall monitor the implementation of P.L.2020, c.117 (C.13:1E-99.126 et al.), and evaluate its effectiveness in reducing sing…

13:1E-99.133 Program to assist businesses with compliance. 8. No later than six months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.): a. the Department of State, in consultation with the Department of Environmental Protection, shall establish a program to as…

13:1E-99.134 Rules, regulations. 9. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to effectuate the provisions of P.L.2020, c.117 (C.13:1E-99.126 et al.). L.2020, c.117, s.9.

13:1E-99.134a Definitions. 1. As used in P.L.2025, c.298 (C.13:1E-99.134a et al.): “Casual dining establishment” means any food service business that is not a full-service restaurant. "Commissioner" means the Commissioner of Environmental Protection. "Condiment" means packaged ke…

13:1E-99.134b Single-use utensils, condiments prohibited, full-service restaurants, parameters, exceptions. 2. a. Commencing on the effective date of P.L.2025, c.298 (C.13:1E-99.134a et al.): (1) no full-service restaurant with on-site seating capacity for 10 or more customers op…

13:1E-99.134c Violation against single-use utensil, condiment prohibition, penalties, exceptions. 3. a. Any food service business that violates the provisions of section 2 of P.L.2025, c.298 (C.13:1E-99.134b) shall be subject to a warning for the first offense, a civil penalty of…

13:1E-99.134d Education campaign, benefits of reducing single-use utensils, condiments. 4. The department shall develop a 180-day education campaign to educate citizens of the State on the financial and environmental benefits of reducing the amount of single-use utensils and cond…

13:1E-99.134e Superseding State regulation of single-use utensils, condiments, over municipality, county. 5. a. A municipality or county shall not adopt any rule, regulation, code or ordinance concerning the regulation or prohibition of single-use utensils or condiments after the…

13:1E-99.135 Definitions. 1. As used in this act: "Beverage" means any of the following products if those products are in liquid, ready-to-drink form, and are intended for human consumption: beer and other malt beverages; wine and distilled spirit coolers; carbonated water, inclu…

13:1E-99.136 Calculation of postconsumer recycled content. 2. a. A manufacturer shall achieve compliance with the postconsumer recycled content requirements of this act based on the average amount of postconsumer recycled content, by weight or another metric, as determined by the…

13:1E-99.137 Rigid plastic containers, percentage of postconsumer recycled content increase; certain exemptions. 3. a. (1) Beginning two years after the effective date of this act, all rigid plastic containers sold, offered for sale, or used in association with the sale or offer …

13:1E-99.138 Plastic beverage containers, percentage of postconsumer recycled content increase. 4. a. (1) Beginning two years after the effective date of this act, all plastic beverage containers sold or offered for sale in the State by a manufacturer shall contain, on average, a…

13:1E-99.139 Glass containers, percentage of postconsumer recycled content increase. 5. a. Beginning two years after the effective date of this act, all glass containers sold or offered for sale in the State by a manufacturer shall contain, on average, at least 35 percent postcon…

13:1E-99.13a. Adoption of model ordinance on recycling in multifamily housing 2. The Commissioner of Environmental Protection, in cooperation with the Commissioner of Community Affairs, shall, within 90 days of the effective date of this act, adopt a model ordinance requiring app…

13:1E-99.13b. Written cooperative marketing agreement 2. For the purposes of implementing the State Recycling Plan goals, any county, municipality or authority may enter into a written cooperative agreement for the cooperative marketing of the recyclable materials designated in a…

13:1E-99.14. Contracts for recycling services a. Each county shall, within six months of the adoption and approval by the department of the district recycling plan required pursuant to section 3 of this amendatory and supplementary act, solicit proposals from, review the qualific…

13:1E-99.140 Paper carryout bags, percentage of postconsumer recycled content increase. 6. Beginning two years after the effective date of this act, all paper carryout bags sold or offered for sale in the State by a manufacturer shall contain, on average, at least 40 percent post…

13:1E-99.141 Plastic carryout bags, percentage of postconsumer recycled content increase. 7. All plastic carryout bags sold or offered for sale in the State by a manufacturer shall: a. beginning two years after the effective date of this act, contain, on average, at least 20 perc…

13:1E-99.142 Plastic trash bags, percentage of postconsumer recycled content increase. 8. a. All plastic trash bags sold or offered for sale in the State by a manufacturer shall: (1) beginning two years after the effective date of this act, contain the following proportion of pos…

13:1E-99.143 Adjustment of postconsumer recycled content requirements, authority. 9. a. Notwithstanding the provisions of this act to the contrary, the department may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), review and adjust any of t…

13:1E-99.144 Certain exemptions for postconsumer recycled content requirements. 10. a. A package or container that contains milk products, plant-based products with names that include the names of dairy foods such as "milk," medical food, food for special dietary use, or infant f…

13:1E-99.145 Waivers, criteria. 11. a. A manufacturer may apply to the department for a waiver from the postconsumer recycled content requirements established pursuant to this act. The department may grant a waiver pursuant to this section if the manufacturer demonstrates, and th…

13:1E-99.146 Alternative compliance plan, requirements. 12. a. The department may require a manufacturer that is temporarily exempt from the postconsumer recycled content requirements of this act pursuant to subsection b. of section 10 of this act, or that has submitted a request…

13:1E-99.147 Registration, fees, certain exemptions. 13. a. Beginning six months after the effective date of this act, and annually thereafter, each manufacturer shall register with the department, in a form and manner as prescribed by the department, and pay an annual registrati…

13:1E-99.148 Compliance, certification, proof of exemption. 14. a. (1) Beginning three years and six months after the effective date of this act, and annually thereafter, each manufacturer shall certify, in writing, to the department whether or not the rigid plastic containers, p…

13:1E-99.149 Restriction on polystyrene loose fill packaging. 15. a. Beginning two years after the effective date of this act, no person shall sell or offer for sale in the State any polystyrene loose fill packaging. b. As used in this section: "Polystyrene foam" means blown poly…

13:1E-99.15. Exemption Any county which has prepared and adopted a district recycling plan as an amendment to the district solid waste management plan required pursuant to the provisions of the "Solid Waste Management Act," P.L. 1970, c. 39 (C. 13:1E-1 et seq.), and the district …

13:1E-99.150 Violations, penalties. 16. a. Whenever, on the basis of available information, the commissioner finds that a person is in violation of this act, the commissioner may take one or more of the following actions: (1) issue an order in accordance with subsection b. of thi…

13:1E-99.151 Protection of proprietary information, trade secrets. 17. Any proprietary information or trade secrets included in any registration, certification, alternative compliance plan, corrective action plan, or any other record submitted to the department pursuant to this a…

13:1E-99.152 "Recycling Enhancement Penalty Account" established, Department of the Treasury. 18. a. There is established in the Department of the Treasury a special, non-lapsing account to be known as the "Recycling Enhancement Penalty Account." The account shall be credited wit…

13:1E-99.153 Act supersedes local laws. 19. A municipality or county shall not adopt any rule, regulation, code, or ordinance regulating the postconsumer recycled content of rigid plastic containers, plastic beverage containers, glass containers, paper carryout bags, plastic carr…

13:1E-99.154 Liability on news media. 20. Nothing in this act shall be construed to impose liability on any news media that accept or publish advertising for any product that would otherwise be subject to the provisions of this act. L.2021, c.391, s.20.

13:1E-99.155 P.L.2020, c.117 not affected. 21. Nothing in this act shall be construed to alter, limit, or otherwise affect any of the provisions of P.L.2020, c.117 (C.13:1E-99.126 et al.). L.2021, c.391, s.21.