Starting May 4, 2022, New Jersey retail stores, grocery stores and food service businesses may not provide or sell single-use plastic carryout bags and polystyrene foam food service products. Single-use paper carryout bags are allowed to be provided or sold, except by grocery stores equal to or larger than 2,500 square feet, which may provide or sell only reusable carryout bags. Effective now, plastic straws may be provided only upon the request of the customer.
The following FAQ includes information for both business owners and customers.
ADDITIONAL RESOURCES
- N.J. Website Dedicated to the Plastic Bag Ban
- FAQ on the Plastic Bag Ban
- Printable Flyer on the Plastic Bag Ban
- Copy of Full Legislation on the Plastic Bag Ban
- Video on the Plastic Bag Ban
- Spanish Language Flyer on the Plastic Bag Ban
All single-use plastic carryout bags and all polystyrene foam food service products will be prohibited for use or for sale. Plastic straws may be provided only upon request of the customer.
Single-use paper carryout bags are allowed to be provided or sold, except by grocery stores equal to or larger than 2,500 square feet. Reusable carryout bags will be permitted and encouraged.
The new law defines a reusable carryout bag as one that:
- Is made of polypropylene fabric, PET non-woven fabric, nylon, cloth, hemp product, or other washable fabric, and
- Has stitched handles (either thread or ultrasonic), and
- Is designed and manufactured for at least 125 reuses.
The NJ Business Action Center has compiled and maintains a working vendor list: business.nj.gov/bags/plastic-ban-law. Please be cautious of vendors peddling products that are not approved.
The following are exemptions to the plastic and paper carryout bag ban:
- Bags used to contain or wrap uncooked meat, fish or poultry
- Bags used to package loose items
- Bags used to contain live animals (such as aquarium fish)
- Bags used to contain food sliced or prepared to order, including soup and hot food
- Laundry, dry cleaning or garment bags
- Bags provided by a pharmacy to carry prescriptions
- Newspaper bags
- Any similar bag, as determined by the DEP pursuant to rule, regulation or guidance
- Packages of single-use plastic straws and those pre-packaged with items like juice boxes may still be sold in stores.
The following polystyrene foam products are exempt until May 4, 2024, unless otherwise extended by the DEP:
- Disposable, long-handled polystyrene foam soda spoons when required and used for thick drinks
- Portion cups of two ounces or less, if used for hot foods or foods requiring lids.
- Meat and fish trays for raw or butchered meat, including poultry, or fish that is sold from a refrigerator or similar retail appliance
- Any food product pre-packaged by the manufacturer with a polystyrene foam food service product
- Any other polystyrene foam food service product as determined necessary by the DEP
- A "polystyrene foam food service product" is defined as a product made, in whole or in part, of polystyrene foam that is used for selling or providing a food or beverage, and includes but is not limited to a food container, plate, hot or cold beverage cup, meat or vegetable tray, cutlery, or egg carton
The law goes into effect on May 4, 2022.
The state Department of Environmental Protection, the county Department of Health, and the city Code Enforcement Division will have jurisdiction.
- First offense: Warning
- Second offense: Up to $1,000 per day
- Third offense: Up to $5,000 per day
Businesses will be able to use inventory of plastic bags before May 4, 2022. The Ocean City Public Works Department will work to provide opportunities for recycling unused inventory after the ban takes effect.
Cellophane wrap is not included in the bag ban. It can still be used to wrap gift baskets and other items.
Single-use plastic bags may not be purchased under the new law. Businesses may provide or sell paper or reusable carryout bags. Grocery stores 2,500 square feet or larger may provide or sell only reusable carryout bags.
