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  • NJ A1482
  • "Plastic Container Recycling Enhancement Act."
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill requires every rigid plastic container manufactured, sold or offered for sale in this State to be composed of at least 25% recycled content by January 1, 2011. The recycled content requirement would not apply to any small business enterprise which manufactures rigid plastic containers with a maximum capacity of two United States gallons, or its equivalent volume, or less. A "small business enterprise" means any business which has its principal place of business in this State, is independently owned and operated, and employs the equivalent of fewer than 50 full-time employees. The following rigid plastic containers would also be exempt from the recycled content requirement: (1) Any rigid plastic container manufactured, sold or offered for sale in this State by a personal care product container manufacturer, or designed and used to store a personal care product that is sold or offered for sale in this State by a product manufacturer; (2) Any rigid plastic container manufactured, sold or offered for sale in this State by a beverage container manufacturer, or designed and used to store a beverage intended for human consumption that is sold or offered for sale in this State by a product manufacturer; (3) Rigid plastic containers produced in this State or out-of-state which are destined for shipment to other destinations outside the State and which remain with the products upon that shipment; (4) Rigid plastic containers which contain toxic or hazardous products regulated by the "Federal Insecticide, Fungicide, and Rodenticide Act"; (5) Rigid plastic containers which contain drugs, medical devices, cosmetics, food, medical food, or infant formula as defined by the "Federal Food, Drug, and Cosmetic Act"; and (6) Rigid plastic containers which are manufactured for use in the shipment of hazardous materials and are prohibited from being manufactured with used material by federal material specifications set forth in Sections 178.509 and 178.522 of Title 49 of the Code of Federal Regulations, or are subject to testing standards set forth in Sections 178.600 to 178.609, inclusive, of Title 49 of the Code of Federal Regulations, or to which recommendations of the United Nations on the transport of dangerous goods are applicable. The Department of Environmental Protection (DEP) may grant a waiver from the recycled content requirement to any container manufacturer or product manufacturer, or both, as appropriate, if the DEP finds, in writing, one or more of the following: (1) It is technologically infeasible to use rigid plastic containers that achieve the applicable recycled content requirement; or (2) The rigid plastic containers cannot meet the recycled content plastic requirement and remain in compliance with applicable provisions of regulations adopted by the Food and Drug Administration or other State or federal laws or regulations. The DEP is required to grant a waiver from the recycled content requirement to any container manufacturer or product manufacturer, or both, as appropriate, if the DEP makes a written finding that at least 50%, by number, of a manufacturer's rigid plastic containers sold or offered for sale in the State in the current calendar year achieve the recycled content requirement and all of the manufacturer's rigid plastic containers will comply with these requirements on or before January 1, 2012. The DEP is required to grant a temporary waiver, not to exceed one year, from the recycled content requirement for products packaged in rigid plastic containers that are introduced and sold in this State after the effective date of the bill. The DEP is required to grant an exemption from the recycled content requirement to any container manufacturer or product manufacturer, or both, as appropriate, if the DEP finds, in writing, that a particular rigid plastic container with a maximum capacity of one United States gallon, or its equivalent volume, which is manufactured, sold or offered for sale in this State by a container manufacturer, or designed and used to store a packaged product that is sold or offered for sale in this State by a product manufacturer, meets one of the following criteria: (1) The rigid plastic container is a reusable container; (2) The rigid plastic container is a refillable container; or (3) The rigid plastic container is source reduced by 10%. On or before February 1, 2011, each container manufacturer and product manufacturer must submit to the DEP a completed written certification verifying that the rigid plastic containers manufactured, sold, or offered for sale in this State by the container manufacturer, or the rigid plastic containers used by the product manufacturer for its products that are sold or offered for sale in this State are: (1) in compliance with the recycled content requirement; (2) exempt from the requirement pursuant to one or more of the criteria specified in the bill; (3) eligible for a waiver; or (4) eligible for an exemption as a refillable, reusable or source reduced container. The DEP is required, as part of its rulemaking, to develop the required certification forms. The certifications must be submitted under penalty of perjury. Each container manufacturer and product manufacturer would issue a certification to the DEP on an annual basis. The annual certification must be submitted to the DEP on February 1 of each consecutive year. The DEP may, in accordance with a fee schedule adopted as a rule or regulation pursuant to the provisions of the "Administrative Procedure Act," establish and charge reasonable fees for any of the services to be performed in connection with the bill, which are intended to cover the full costs incurred by the DEP for the review of certification forms and for other costs incurred in implementing the act. The bill establishes a Plastic Container Recycling Council. The council would: study the technological feasibility of increasing the recycled content of rigid plastic containers and expanding the types of containers that may be manufactured from recycled material; investigate the ways and means to enhance the development and expansion of markets for post-consumer recycled plastic, including State and local purchasing and procurement practices; study the costs and practicality of new recycled content technologies, including successful approaches to recycled plastic materials development employed by other states; and study improved processes designed to address the concerns raised by those container manufacturers and product manufacturers committed to packaging materials made from one hundred percent virgin plastic. The council would recommend appropriate actions to promote, educate and inform the public on the issues and benefits of recycling rigid plastic containers and purchasing products packaged in plastic containers made from recycled content. The council must issue a final report of its findings and recommendations to the Governor and the Legislature no later than two years after its organizational meeting.
Environment and Solid Waste
Introduced, Referred to Assembly Environment and Solid Waste Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Environment and Solid Waste Committee
Date Motion Yea Nay Other
None specified