NJ Legislature passes nation's toughest ban on plastic and paper bags. Here's what it does

Scott Fallon
NorthJersey.com

The most wide-ranging ban on plastic products and paper bags in the U.S. is only a step away from becoming law in New Jersey.

The Assembly and Senate passed a bill Thursday that will enact several restrictions on everyday products in an effort to curb plastic pollution that has inundated New Jersey's beaches, riverfronts and water supplies.

It will now go to Gov. Phil Murphy, who signaled support for a statewide plastics ban two years ago when he vetoed a bill that would have placed a fee on plastic bags. 

The bill has three major components:

  • It bans film plastic bags, like those found at grocery stores, regardless of thickness. It also bans paper bags at supermarkets over 2,500 square feet in an effort to get shoppers to bring their own reusable bags, like woven plastic tote bags with handles.
  • It bans polystyrene clamshell food containers and other products like plates, cups, food trays and utensils
  • Plastic straws would be available only upon request at restaurants — something advocates for the disabled have long pushed for.

The Senate passed a similar version of the bill in early March, just before the onset of the COVID-19 pandemic, but had to agree Thursday to minor changes. The bill was passed by the Assembly 48 to 24, mostly on party lines, and the Senate 26 to 12.

Opponents, including business groups and Republican lawmakers, said the measure will hurt everything from large manufacturers to small businesses such as restaurants, which would have to find more costly alternatives.

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Environmental groups were focused on a plastic bag ban, not paper bags. But in order to get an influential trade group for supermarkets to support the bill, paper bags also had to be banned. Supermarkets had complained that it would cost more to supply customers with paper bags than plastic. 

"The ban on paper bags is critically important to the success of this legislation," Linda Doherty, president of the New Jersey Food Council, said before Thursday's vote.  "Without a ban, consumers will simply move to paper single-use bags and we will not address the underlying goal of reducing our reliance on single-use products."

Abigail Sztein, director of government affairs for the paper association, called the bill "a solution in search of a problem." Unlike plastic bags, paper bags are easily recyclable in curbside pickups from home or can be reused in compost, she said.

Sztein called on Murphy to conditionally veto the bill and take the paper bag ban out of it.

Assemblywoman Holly Schepisi, R-Bergen, said the bill could needlessly harm New Jersey paper manufacturers since the original intent was to ban plastic. "It's bad timing and it's bad policy," she said. 

The bill would override the dozens of municipal bans that have been passed in recent years in towns across the state, including many at the Jersey Shore where plastics often wash up on the beach.

Judith Enck, a former EPA Regional Administrator and president of the advocacy group Beyond Plastics, called the bill "the single most comprehensive plastics and paper reduction bill in the nation."

"Now, we can all look forward to picking up less trash on our beaches," said Cindy Zipf, executive director of Clean Ocean Action. "There will be less plastics in the ocean to cause harm and death to marine life."

A Q&A on what the bill does follows this photo gallery.

How bad is plastic pollution in New Jersey?

  • More than 80% of litter picked up at annual beach cleanups from Cape May to Sandy Hook by volunteers for Clean Ocean Action has been plastic in recent years.
  • A 2016 report by NY/NJ Baykeeper estimated that there were almost 166 million pieces of microscopic plastic floating in the waterways of New Jersey and New York.
  • Scientists have found microplastics in some of the most pristine rivers and creeks, including the upper Raritan and Passaic rivers.

When do the bans begin?

The ban on plastic and papers bags would take effect 18 months after it is signed into law.

Likewise, foam food products and containers like clam-shell takeout boxes would be banned in 18 months. 

Restaurants would be permitted to provide a plastic straw to a customer upon request one year after the law is signed.  

What bags are exempt?

  • Reusable plastic carryout bags with stitched handles that many supermarket chains sell at checkout lines for about $1.
  • Bags used solely for uncooked 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 it
  • Bags used solely to contain live animals, such as fish
  • Bags used solely to contain food sliced or prepared to order, including soup or hot food
  • A laundry, dry cleaning, or garment bag  
  • Bags carrying prescription drugs
  • A newspaper bag

What foam products are exempt?

After a ban on foam containers takes effect, other products made from the same polystyrene material would have another two-year grace period before being banned. They are: 

  • Disposable, long-handled polystyrene foam spoons for thick drinks
  • Small cups of two ounces or less used for hot foods
  • Trays for raw meat, poultry, or fish commonly found at supermarkets
  • Any food pre-packaged in polystyrene by the manufacturer, such as ramen noodles

What are the penalties?

Any business violating the bill would get a warning on 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.

Staff Writer Ashley Balcerzak contributed to this story.

cott Fallon covers the environment for NorthJersey.com. To get unlimited access to the latest news about how New Jersey’s environment affects your health and well-being,  please subscribe or activate your digital account today.

Email: fallon@northjersey.com Twitter: @newsfallon