S4230

An Act concerning polystyrene foam food service products and amending P.L.2020, c.117.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 4 of P.L.2020, c.117 (C.13:1E-99.129) is amended to read as follows:

4. a. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no person shall sell or offer for sale in the State any polystyrene foam food service product, except as provided in subsection h. of this section.

b. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), no food service business shall provide or sell any food in a polystyrene foam food service product, except as provided in subsection h. of this section.

c. The following products shall be exempt from the provisions of subsections a. and b. of this section for a period of two years beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.):

(1) disposable, long-handled polystyrene foam soda spoons when required and used for thick drinks;

(2) portion cups of two ounces or less, if used for hot foods or foods requiring lids; and

(3) [meat and fish trays for raw or butchered meat, including poultry, or fish that is sold from a refrigerator or similar retail appliance;] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(4) [any food product pre-packaged by the manufacturer with a polystyrene foam food service product; and] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(5) any other polystyrene foam food service product as determined necessary by the department.

d. The department may extend any exemption provided for in subsection c. of this section for additional periods not to exceed one year upon a written determination that there is no cost-effective and readily available alternative for the item. An exemption shall expire after one year unless the department extends the exemption pursuant to this subsection.

e. The department may, upon written application by a person or food service business, waive the provisions of subsection a. or b. of this section for the person or food service business for a period not to exceed one year, if:

(1) there is no feasible and commercially available alternative for a specific polystyrene foam food service product; or

(2) the person or food service business has less than $500,000 in gross annual income and there is no reasonably affordable, commercially-available alternative to the polystyrene foam food service product.

The department shall prescribe the form and manner of the application for a waiver pursuant to this subsection. The department may, upon written application, extend any waiver granted pursuant to this section for additional periods not to exceed one year.

f. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of polystyrene foam food service products after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).

g. Beginning 18 months after the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.), this section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of polystyrene foam food service products that was enacted prior to the effective date of P.L.2020, c.117 (C.13:1E-99.126 et al.).

h. The following products shall be exempt from the provisions of subsections a. and b. of this section:

(1) meat and fish trays for raw or butchered meat, including poultry, or fish that is sold from a refrigerator or similar retail appliance; and

(2) any food product pre-packaged by the manufacturer with a polystyrene foam food service product.

(cf: P.L.2020, c.117, s.4)

2. This act shall take effect immediately.

STATEMENT

This bill would provide a permanent exemption for certain polystyrene foam food service products from current State law, P.L.2020, c.117, (C.13:1E-99.126 et al.), which prohibits the sale and provision of polystyrene foam food service products.

Specifically, this bill would exempt the following polystyrene foam food service products: (1) meat and fish trays for raw or butchered meat, including poultry, or fish that is sold from a refrigerator or similar retail appliance; and (2) any food product pre-packaged by the manufacturer with a polystyrene foam food service product.

Under current law, no person is permitted to sell or offer for sale in the State any polystyrene foam food service product and no food service business is permitted to provide or sell any food in a polystyrene foam food service product. The law provided for a two year exemption for certain polystyrene foam food service products, including those for meat and fish trays for raw and butchered meat and food products pre-packaged by the manufacturer, and provides for a waiver process where the exemption can be extended for periods of one year at a time if the Department of Environmental Protection determines that there is no cost-effective and readily available alternative for the item. This bill would not alter the existing waiver process for other polystyrene foam food service products under State law.