New Jersey single-use plastic bag ban in effect, the second fine of $ 1,000, the third fine of $ 5,000

05.06.22 12:47 AM By WenZi

Beginning May 4, 2022, New Jersey implements the second phase of the plastic ban, which means retailers and food service businesses will no longer be allowed to use or distribute single-use plastic bags. 

The law gives stores and the public 18 months to prepare before it takes effect. The bill, which was passed on November 4, 2020, is divided into multiple implementation phases, targeting plastic pollution from New Jersey's retail and food service industries, with the first phase being a partial ban on plastic straws effective November 4, 2021.

 



The second wave of regulations also banned disposable polystyrene foam cups and food containers. In addition, while small convenience and grocery stores will allow paper bags, stores over 2,500 square feet (232 square meters) will require customers to provide their own reusable bags or purchase them on site.

Businesses found to be in violation of the ban will receive a warning for the first offense, a fine of $1,000 per day for a second violation, and a fine of $5,000 per day for a third violation. 

The Princeton Conservancy (PCS), a student-led environmental activist group, has criticized some aspects of the legislation, noting that low-income businesses may have difficulty providing often more expensive alternatives to plastic and may be subject to high fines under the law. They also expressed dissatisfaction with the government's promotion of all reusable bags, many of which are made of unsustainable materials.

What is the difference between single-use and reusable? 

While the law doesn't give a technical definition of single-use, it refers to "take-out bags made of plastic, not reusable take-out bags" - in other words, the thin bags we've all been accustomed to buying at almost every store since the 1980s. New Jersey has a similar non-definition of a paper bag, sort of like, "We know it when we see it."

Stores are allowed to sell reusable take-out bags, which are defined as being made of thicker "polypropylene or PET plastic" or made of fabric, nylon, cloth, hemp or other machine-washable fabrics. They usually have sewn-in handles and are designed for reuse. (Philadelphia's plastic take-out bag ban states that a reusable bag is one that is thicker than 2.25um (0.00225mm).)