On Monday, January 10, 2022,  the New Jersey Legislature passed S2515/A4676 requiring manufacturers to use recycled material in the manufacturing of new products. Governor Phil Murphy signed the bill into law on January 18, 2022. Under this Legislation, manufacturers will eventually need to include 50% post-consumer resin (PCR) in making new beverage and non-beverage plastic containers, 40% PCR in carryout bags, and up to 40% PCR in the thickest plastic trash bags. The new law also requires 35% post-consumer glass content after 2 years and 40% post-consumer fiber for paper carryout grocery bags.  Polystyrene loose fill (packing peanuts) are banned for sale starting in 2024. Only California and Washington have comparable recycled content requirements. This Legislation is critical to the future viability and economics of recycling and will stimulate markets for plastics, glass, and fiber from curbside recycling programs mandated in all 565 New Jersey municipalities.  The following is a more detailed summary of the new law as prepared by the Association of New Jersey Recyclers:

Link to the bill as approved by the Legislature: https://njleg.state.nj.us/Bills/2020/S3000/2515_R5.HTM

• Recycled Content calculated by weight (Section 2a)
• Completely exempt from act are the following beverages: milk, milk products, formula, special dietary use, medical food (Section 10a)
• Exempt for 5 years, with a possible extension are foods for special dietary use, medical food (Section 10b)
• Manufacturers must pay annual fee of $1000 unless gross revenue is less than $5M or only produce exempt products (Section 13a)
• Manufacturers can request a 2-year waiver (Section 11)
• Manufacturers must certify compliance each year, third party certification not needed (Section 14)
• ANJR/Clean Communities Council/NJDEP will conduct public education campaign with funds from any penalties collected (Section 18b)
• NJDEP submits a report to the legislature and Governor by 2027 (Section 23)
• DEP can modify the postconsumer content percentage schedules after rulemaking based on explicit criteria but only for a limited time period (Section 9)
• DEP “may require” an exempt manufacturer or one seeking a wavier to submit an Alternative Compliance Plan (Section 12)
• Non-compliance enforcement penalties and corrective action plan requirements authorized (Section 16)
• Significant rulemaking required of DEP, but interim guidance is authorized to implement the law quickly (Section 22)
• Prohibits a town/county from adopting any rules regarding recycled content for the products covered in this bill and preempts any existing town/county rules (Section 19)

Content requirements for each material (year, percent content required)

Rigid plastic containers – excluding beverage (which has separate schedule), drugs, dietary supplements, medical devices, cosmetics, toxic/hazardous products or refillable

2024    10%

2027    20%

2030    30%

2033    40%

2036    50%

Plastic beverage containers (excludes refillable, milk/milk products)

2024    15%

2027    20%

2030    25%

2033    30%  hot fill process containers are capped here

2036    35%

2039    40%

2041    45%

2044    50%

Glass containers

2024 35%, except if 50% mixed-color cullet than 25%

Paper carryout bags

2024    40%, except smaller bags (which hold less than 8 lbs.) are 20%

Plastic carryout bags

2024    20%

2027    40%

Plastic trash bags (excludes bags for medical or hazardous waste)

2024

2027

Polystyrene loose fill packaging (packing peanuts)

2024 cannot be sold in the State