PCRC – New Jersey

On January 18, 2022, New Jersey Governor Murphy signed S.2515 becoming P.L. 2021, c. 391 [N.J.S.A. 13:1E-99.135-157].   Regulations governing the program were to be promulgated by the NJ Department of Environmental Protection (DEP) by January 18, 2023, but had not been drafted as of November 1, 2024. DEP’s Frequently Asked Questions (FAQ) document provides guidance on interpretation of the law and has been updated several times.

Resources:

• NJDEP – Division of Sustainable Waste Management – Recycled Content
• NJDEP Recycled Content FAQs (Oct. 2024 version)

BEVERAGE = 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, including soda and carbonated mineral water
• Noncarbonated water, including noncarbonated mineral water
• Carbonated soft drinks
• Noncarbonated soft drinks and sport drinks
• Noncarbonated fruit drinks that contain any percentage of fruit juice
• Coffee and tea drinks
• Carbonated fruit drinks
• Vegetable juice

 Question 10 from DEP FAQ further defining “Beverage”:

Is wine considered a beverage under the Recycled Content Law?

“The NJDEP interprets “wine and distilled spirit coolers” as referring to wine coolers and distilled spirit coolers, not to standard bottles of still, sparkling, or fortified wine or liquors. “Wine and distilled spirit coolers” are defined as a beverage containing wine or distilled spirits to which is added concentrated or unconcentrated juice or flavoring material and containing not more than 7 percent alcohol by volume (ABV). Therefore, while wine and distilled spirit coolers are considered a beverage and are subject to the law, bottles of still, sparkling, or fortified wine or liquors are not considered beverages under the Recycled Content Law and are therefore not subject to the recycled content mandates of the Law.”

 “Wine coolers” and “distilled spirit coolers” up to 7% ABV in glass or plastic bottles as defined under NJ law, remain subject to the law. Still, sparkling or fortified wine or spirits in plastic beverage containers are NOT covered based on the definition of “plastic beverage container”. 

FOOD

• articles used for food or drink for consumption by humans or other animals, and articles used for components of any such article.

GLASS CONTAINER 

• a container made of glass filled with a food or beverage

LICENSEE

• a manufacturer that licenses a brand and manufactures a product under it.

MANUFACTURER =

• a person that produces or generates a rigid plastic container, paper carryout bag, plastic carryout bag, or plastic trash bag that does not contain a product and is sold in NJ;
• a person that is the brand owner of a product that is sold or offered for sale in NJ that is packaged in a rigid plastic container, plastic beverage container, or glass container, unless the brand owner identifies a licensee who agrees to accept responsibility under this act and the licensee informs the department in writing of the agreement; or
• in the absence of meeting criteria (1) or (2), a person who imports or distributes a product into or within NJ that is sold or offered for sale in NJ and that is packaged in a rigid plastic container, plastic beverage container, or glass container.

This does not include a person who, at a single physical location, produces, packages, and sells a product directly to a consumer at retail which may include a grocery store, restaurant, bar, cafeteria, café, food truck, food cart, or similar establishment.

PLASTIC BEVERAGE CONTAINER

• an individual, separate bottle, can, jar, carton, or other container made of plastic that is hermetically sealed or made airtight with a metal or plastic cap, and that contains a beverage. It shall not include any label, cap, closure, or other item affixed to the container.

RIGID PLASTIC CONTAINER

• a container made of plastic that has a relatively inflexible finite shape or form, has a minimum capacity of eight fluid ounces or its equivalent volume and a maximum capacity of five fluid gallons or its equivalent volume, and is capable of maintaining its shape while empty or while holding other products.

• Manufacturers are required to begin registering as of July 18, 2022, and annually thereafter.
• Standards for all regulated containers and packaging products begins January 18, 2024
• Manufacturers are required to submit first-year compliance reports by July 18, 2025, and annually thereafter.

Registration:

• Manufacturers were to begin registering on July 18, 2022, and annually thereafter.

Fee:

The $1,000 registration fee must be paid for each year products were sold in NJ after 2022, regardless of when initial registration occurred.

DEP is accepting registrations for 2024 through December 31, 2024. Manufacturer registration can be accessed at: NJDEP New Jersey Department of Environmental Protection: Recycled Content Law under Sustainable Waste Management.

As of November 1, 2024, approximately 420 manufacturers had registered with DEP. Registrants may submit $1,000/year payments via credit card or eCheck or may opt to receive a bill by mail. Registrations will not be reviewed until payment is received. Manufacturers are exempt from the fee if they generate less than $5,000,000 in gross revenue nationally or produce only products exempt from requirements. Manufacturers must register before an exemption will be granted

Resources: 

• Manufacturer registration can be accessed at: NJDEP New Jersey Department of Environmental Protection: Recycled Content Law under Sustainable Waste Management.

Standards for all regulated containers and packaging products began January 18, 2024.

• Rigid plastic container – Requires, on average, at least 10% recycled content starting 2024, increasing by 10% every three years thereafter, to 50% by 2036.
• Plastic beverage container – Requires, on average, at least 15% recycled content starting 2024 increasing by 5% every three years thereafter, to 50% by 2045. Exception for bottles utilizing a hot-fill process which are required to achieve at least 30% recycled content
• Glass container – Requires, on average, at least 35% recycled content by 2024. Exception for containers of at least 50% mixed color cullet required to achieve at least 25% recycled content.

Is there a small producer exemption?

• Yes, but Manufacturers must register before an exemption will be granted.
• Manufacturers are exempt from the fee if they generate less than $5,000,000 in gross revenue nationally or produce only products exempt from requirements.

Exemptions to the minimum recycled content requirements include packaging for:

• (1) milk products, including plant-based products with names that include the names of dairy foods such as “milk”,
• (2) medical food,
• (3) food for special dietary use and
• (4) infant formula.

A package or container that contains food is exempt from requirements for five years, until 2027 when requirements of the law will be reconsidered. Product/manufacturer may then become subject to the law.

It has been suggested that while wine is currently exempt from requirements as a “beverage”, it may qualify as “food” under the law starting in 2027.

A manufacturer may pay $1,000 and apply to DEP for a waiver from recycled content requirements. They are exempt from the waiver fee for gross revenue nationwide below $5,000,000. DEP may grant a waiver if the manufacturer demonstrates in writing that:

• It cannot achieve the postconsumer recycled content requirements and remain in compliance with applicable rules and regulations adopted by the United State Food and Drug Administration, or any other State of Federal law, rule, or regulation.
• It is not technically feasible for the manufacturer to achieve the postconsumer recycled content requirements.
• The manufacturer cannot comply with the postconsumer recycled content requirements due to inadequate availability of recycled material or a substantial disruption in the supply of recycled material.
• The manufacturer cannot comply for another reason as determined by the department pursuant to rule, regulation, or guidance.

After registration has been accepted, manufacturers may submit a waiver application recycled_content_waiver_form.pdf  to DEP at recycledcontent@dep.nj.gov. To qualify for a waiver, a manufacturer shall pay a $1,000 waiver fee and submit documentation from a federal or state agency or certified third-party expert demonstrating inability to comply with the requirements for one of the reasons above. DEP may grant a waiver for up to two years and must publish all grants on its website; on November 1, 2024, 14 companies have waivers.

For violations, the commissioner may

• (1) issue an order requiring compliance;
• (2) bring civil action in Superior Court assessing costs of an investigation and litigating the case;
• (3) levy a civil administrative penalty between $1,000 and $25,000 for each violation with each day an additional, separate, and distinct offense;
• (4) bring action for a civil penalty up to $50,000 for failure to comply with an order or pay a penalty;
• (5) require a manufacturer to submit a corrective action plan; or
• (6) notify the public of a manufacturer not in compliance with the act.

In lieu of penalties provided above, DEP shall assess a civil penalty on a per-pound basis for each pound of virgin material used by a manufacturer in its products where recycled material is required. Knowing, purposeful or reckless false statements on certification or registration is a crime subject to a fine up to $50,000 and restitution.

By January 2027, DEP must report to the Governor, and Senate and Assembly Environment Committees on implementation, effectiveness in stimulating recycling and legislative or administrative recommendations on whether/how NJ should encourage, require, or support other uses of recycled material.