A3931

An Act concerning the provision and use of single-use carryout bags and reusable carryout bags during the coronavirus disease state of emergency.

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

1. As used in this act:

“Carryout bag” means a bag that is provided by a grocery store or other food service business to a customer for the purpose of transporting groceries, prepared foods, or retail goods.

“Food service business” means a business that sells or provides food for consumption on or off the premises and includes, but is not limited to, any restaurant, café, delicatessen, coffee shop, convenience store, grocery store, vending truck or cart, food truck, or business or institutional cafeteria, including those operated by or on behalf of any governmental entity.

“Grocery store” means a self-service retail establishment that sells a full-line of household foodstuffs for off-site consumption, including, but not limited to, fresh produce, meat, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods.

“Local health agency” means a county, regional, municipal, or other governmental agency organized for the purpose of providing health services, administered by a full-time health officer, and conducting a public health program pursuant to law.

“Person” means any individual, corporation, company, association, society, firm, partnership, joint stock company, or governmental entity.

“Reusable carryout bag” means a carryout bag that is designed and manufactured for multiple reuse.

“Single-use carryout bag” means a carryout bag that is not a reusable carryout bag.

2. Any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use carryout bags shall be ineffective and unenforceable for the duration of the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the Coronavirus disease, and for 30 days thereafter.

3. a. Notwithstanding any law, or any rule or regulation adopted pursuant thereto, to the contrary, no person shall bring a reusable carryout bag into a grocery store or other food service business for the duration of the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the Coronavirus disease, and for 30 days thereafter. Nothing in this section shall be construed to prohibit a grocery store or other retail food business from selling a reusable carryout bag to a customer.

b. No more than seven days after the effective date of P.L. , c. (pending before the Legislature as this bill), each grocery store and food service business in the State shall post a notice at each entrance to its facility notifying customers that they are not permitted to bring reusable carryout bags into the store, in order to control the spread of the coronavirus. The Department of Health may determine the form and manner of the notice required pursuant to this subsection.

4. The Department of Health and any county, municipality, or local health agency may enforce the provisions of this act.

5. The provisions of this act shall be construed liberally so as to have the broadest possible application, in order to protect the public health, safety, and welfare.

6. This act shall take effect immediately and shall expire on the 31st day after expiration of the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the Coronavirus disease.

STATEMENT

This bill would suspend local ordinances concerning the provision of single-use carryout bags, and prohibit the use of reusable carryout bags in certain stores, during the coronavirus disease state of emergency.

Specifically, under the bill, any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use carryout bags would be ineffective and unenforceable for the duration of the Public Health Emergency and State of Emergency declared by the Governor in Executive Order 103 of 2020 concerning the Coronavirus disease, and for 30 days thereafter. Additionally, no person would be permitted to bring a reusable carryout bag into a grocery store or other food service business for the duration of the Public Health Emergency and State of Emergency, and 30 days thereafter, due to the contribution of such bags to the spread of the coronavirus.

The Department of Health and any county, municipality, or local health agency would have the authority to enforce the bill. The bill would take effect immediately and expire on the 31st day after the expiration of the Public Health Emergency and State of Emergency.